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Home My WebLink About2017-02-22 - Agenda Packet - PC-HPCFEBRUARY 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 Roll Call: Chairman Oaxaca Vice Chairman Macias Commissioner Fletcher 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 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 individuals embers 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 by a Member for discussion. C1. Consideration to Approve the Regular Meeting Minutes of February 8, 2017 D. PUBLIC HEARINGS- PLANNING COMMISSION The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. Page 1 of 4 FEBRUARY 22, HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D1. TIME EXTENSION DRC2017-00028 - ANDREASEN ENGINEERING, INC. - A request to allow for a one (1) year time extension of a previously approved 7 lot Tentative Tract Map (SUBTT18210) on 4.89 acres of land in the Very Low (VL) District (1-2 dwelling units per acre) of the Etiwanda Specific Plan on the south side of Banyan Street between Greenwood Place and Laurel Blossom Place; APN: 0225- 171-04. On March 28, 2007, a Mitigated Negative Declaration of environmental impacts was adopted by the Planning Commission for Tentative Tract Map SUBTT18210. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to the projects within the scope of the previous Mitigated Negative Declaration. D2. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP - A review of a proposal to construct one (1) concrete tilt -up warehouse building totaling approximately 215,600 square feet on a property comprised of three (3) parcels with a combined area of 413,853 square feet (9.5 acres) which is currently developed with small temporary structures, partially paved and used as a storage yard in the General Industrial (GI) District located along Hickory Avenue, south of Arrow Route; APNs: 0229-171-01, 0229-181-03, and 0229-181-1. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D3. DEVELOPMENT AGREEMENT AMENDMENT DRC2017-00101 — 7418 ARCHIBALD, LLC - An amendment to Development Agreement DRC2014-00610 between the City of Rancho Cucamonga and 7418 Archibald, LLC, to remove a statement providing for subordination of the Development Agreement to deeds of trust or liens securing financing of the project and ancillary modifications, for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD), which includes the development of a 24,641 square foot, 60-unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road; APN: 020803158. The City Council adopted a Negative Declaration of environmental impacts for this project on June 3, 2015. The California Environmental Quality Act provides that no further environmental review of Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. This item will be forwarded to the City Council for final action. E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: COMMISSION ANNOUNCEMENTS: Page 2 of 4 FEBRUARY 22, 2017 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 Thursday, February 16, 2017, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. /s/ Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. 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. Page 3 of 4 FEBRUARY HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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 10600 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 $2,662 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. Page 4 of 4 Vicinity Map Historic Preservation and Planning Commission Meeting February 22, 2017 ---- :- - _ c a 1 a1 UI I =. I a1 =I = ' f ' i I s + ! i Base Line ji".. U WIFEllinN17 AIM lip r�Qiiiiilllllft 4419 ii�1 ow Eli MEJSUMMEMW� Arrow : 8th L I 1 0 w 0 14th s r6thW —I �_ 14th Meeting Location: D1 D2 City Hall/Council Chambers 10500 Civic Center Drive Item D1: Time Extension DRC2017-00028—South side of Banyan Street between Green wood Place and Laurel Blossom Place Item D2: Design Review DRC2016-00466—Hickory Avenue south of Arrow Route Item D3: Development Agreement Amendment DRC2017-00101-7418 Archibald, south of Base Line Road. FEBRUARY 8, 2017 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 Roll Call: Chairman Oaxaca X Vice Chairman Macias X Commissioner Fletcher A Excused/medical Commissioner Munoz X Commissioner Wimberly X Additional staff present. Donald Granger, Senior Planner, Albert Espinoza, Assistant City Engineer B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed 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 individuals embers of the audience. This is a professional businessmeeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. None C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Planning Commission at one time without discussion. Any item may be removed by a Commissioner for discussion. Cl. Consideration and approval of Regular Meeting Minutes dated January 25, 2017 Moved by Munoz seconded by Macias carried 3-0-1-1 (Fletcher absent, Wimberly abstain) to approve the Regular Meeting Minutes dated January 25, 2017. Page 1 of 6 Item C1-1 FEBRUARY 8, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. D1. TIME EXTENSION DRC2016-00960 — JAIME CAMPOS — A request to allow for a one (1) year time extension of a previously approved 3-lot Tentative Parcel Map (SUBTPM18626) located at the southeast corner of Lemon Avenue and Day Lily Court at 9923 Lemon Avenue — APN:0201-902-16. Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 15 (CEQA Guidelines Section 15315) exemption, which covers minor land division of four or fewer parcels. Nikki Cavazos, Assistant Planner gave the staff report and Powerpoint presentation. Chairman Oaxaca opened the public hearing and hearing no comment, closed the public hearing. Jaime Campos, the applicant, had nothing to add. Moved by Munoz, seconded by Wimberly, carried 4-0-1 (Fletcher absent) to adopt the Resolution of Approval for Time Extension DRC2016-00960. Because the items are related, D2-D6 were heard concurrently. D2. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT19918 — RC1 HOMES — A request to subdivide 1.01 acres of land for condominium purposes related to the site plan and architectural review of a proposed 8-unit multi -family development in the Low Medium (LM) District (4 to 8 dwelling units per acre) located at the southwest corner of 6th Street and Hellman Avenue; APN: 0210-341-74; Related Files: Design Review DRC2014- 00732, Minor Exception DRC2016-00657, Minor Exception DRC2016-00658 and Tree Removal Permit DRC2015-00310. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Page 2 of 6 Item C1-2 FEBRUARY 8, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D3. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2014-00732 — RC1 HOMES — A request for site plan and architectural review of a proposed 8-unit multi -family development on a 1.01 acre parcel of land in the Low Medium (LM) District (4 to 8 dwelling units per acre) located at the southwest corner of 6th Street and Hellman Avenue; APN: 0210-341-74, Related Files: Tentative Tract Map SUBTT19918, Minor Exception DRC2016-00657, Minor Exception DRC2016-00658 and Tree Removal Permit DRC2015-00310. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D4. ENVIRONMENTAL ASSESSMENT AND MINOR EXCEPTION DRC2016-00657— RC1 HOMES — A request to reduce the required street side setbacks by up to 10 percent related to the site plan and architectural review of a proposed 8-unit multi -family development on a 1.01 acre parcel of land in the Low Medium (LM) District (4 to 8 dwelling units per acre) located at the southwest corner of 6th Street and Hellman Avenue; APN: 0210-341-74; Related Files: Tentative Tract Map SUBTT19918, Design Review DRC2014-00732, Minor Exception DRC2016-00658 and Tree Removal Permit DRC2015-00310. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D5. ENVIRONMENTAL ASSESSMENT AND MINOR EXCEPTION DRC2016-00658— RC1 HOMES — A request to increase the maximum permitted line wall height by up to 2 feet related to the site plan and architectural review of a proposed 8-unit multi -family development on a 1.01 acre parcel of land in the Low Medium (LM) District (4 to 8 dwelling units per acre) located at the southwest corner of 6th Street and Hellman Avenue; APN: 0210-341-74; Related Files: Tentative Tract Map SUBTT19918, Design Review DRC2014-00732, Minor Exception DRC2016-00657 and Tree Removal Permit DRC2015-00310. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D6. ENVIRONMENTAL ASSESSMENT AND TREE REMOVAL PERMIT DRC2015-00310 — RC1 HOMES — A request to remove 2 trees related to the site plan and architectural review of a proposed 8-unit multi -family development on a 1.01 acre parcel of land in the Low Medium (LM) District (4 to 8 dwelling units per acre) located at the southwest corner of 6th Street and Hellman Avenue; APN: 0210-341-74; Related Files: Tentative Tract Map SUBTT19918, Design Review DRC2014-00732, Minor Exception DRC2016-00657 and Minor Exception DRC2016-00658. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Tabe van der Zwaag, Associate Planner, gave the staff report and Powerpoint presentation. He noted modified language added to the CEQA section of the Resolutions of approval pertinent to the Tract Map and Design Review found in Section 4b of those resolutions. He said the change is a result of a letter received from South Coast Air Quality Management Page 3 of 6 Item C1-3 FEBRUARY 8, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA District dated February 7, 2017. He noted the revised language in Condition #10 of the Air Quality section actually strengthens the mitigation measures already in place. Chairman Oaxaca opened the public hearing. Seeing and hearing not no public comment, he closed the public hearing. Mike McDonald, representing the applicant said Mr. van der Zwaag was great to work with. Moved by Macias, seconded by Wimberly to adopt the Resolutions of Approval for Tentative Tract Map SUBTT19918, Design Review DRC2014-00732, Minor Exception DRC2016- 00657, Minor Exception DRC2016-00658 and Tree Removal Permit DRC2015-00310. The Mitigated Negative Declaration of Environmental Impacts was adopted as amended with the strengthened Air Quality condition #10. The stronger language is also reflected in the resolutions and Initial Study Parts II and Ill. E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: Commissioner Munoz reported on the discussion held at the January 20th meeting of the League of California, Cities regarding challenges for funding transportation related infrastructure. He offered the following talking points of the discussion: • Comprehensive transportation reform and funding package is needed • Basic repair and maintenance can no longer be ignored • Gas tax (one revenue source for infrastructure)remains unchanged since 1994 and revenue from i has fallen due to more efficient vehicles • Residents expect well -maintained roads -current condition is dangerous/new funding needed • A $6 billion proposal would create 500,000+ jobs, stimulate the economy and make roads safe. • Commissioner Munoz reported that similar transportation funding proposals SB 1 and AB 1 have been introduced with an approximate $6 billion annual with about $2.2 billion going to local streets and roads. • The proposals offer opportunity for all sides to negotiate before sending a package to the Governor • The League continues to help advance the discussion and acknowledges the work needed to gair; the 213 vote in each legislative chamber Page 4 of 6 Item C1-4 FEBRUARY 8, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA • The League will provide cities the tools needed to advocate when the legislature is closer to reaching a deal. Chairman Oaxaca noted that the issue of transportation funding has been on the table for years and that much of the needed work is deferred maintenance that just gets worse from year to year- it becomes harder to resolve and more expensive as time goes by. Commissioner Munoz responded noted the PCI (pavement condition index) average for our roads is at 6: (an at risk level) COMMISSION ANNOUNCEMENTS: Commissioner Wimberly announced the upcoming VIP "Sneak Peak" of the new 2nd floor at the Library at 5:30 PM, February 16. F. ADJOURNMENT 7:25 PM I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Thursday, February 02, 2017, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. ISl 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 Page 5 of 6 Item C1-5 FEBRUARY HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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, pleasc come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,662 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 6 of 6 Item C1-6 REPORT DATE: February 22, 2017 TO: Chairman and Members of the PI Wing Commission FROM: Candyce Burnett, City Planner V INITIATED BY: Tabe van der Zwaag, Associate Planner SUBJECT: TIME EXTENSION DRC2017-00028 - ANDREASEN ENGINEERING, INC. - A request to allow for a one (1) year time extension of a previously approved 7 lot Tentative Tract Map (SUBTT18210) on 4.89 acres of land in the Very Low (VL) District (1-2 dwelling units per acre) of the Etiwanda Specific Plan on the south side of Banyan Street between Greenwood Place and Laurel Blossom Place; APN: 0225-171-04. On March 28, 2007, a Mitigated Negative Declaration of environmental impacts was adopted by the Planning Commission for Tentative Tract Map SUBTT18210. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to the projects within the scope of the previous Mitigated Negative Declaration. RECOMMENDATION: Staff recommends approval of a one (1) year Time Extension DRC2017- 00028 through adoption of the attached Resolution of Approval. BACKGROUND: On March 28, 2007, the Planning Commission approved Tentative Tract Map SUBTT18210 for the subdivision of a 4.89 acre parcel of land into 7 parcels. Prior to Planning Commission approval, the Grading, Technical, and Design Review Committees reviewed and recommended approval of the project on January 16, 2007. Additionally, the Trails Advisory Committee reviewed and recommended approval of the project on March 14, 2007. PROJECT AND SITE DESCRIPTION: The subject property is within the Etiwanda Specific Plan and the Equestrian Overlay District. The project is surrounded by Very Low (VL) single- family residential development to the south, east and west. The lots to the north of the site (across Banyan Street) are undeveloped and zoned Estate Residential (ER). The site slopes from north to south and has two short sections of Eucalyptus windrows that run from east to west. A. Project Densitv: 1.43 dwelling units per acre. B. Surrounding Land Use and Zoning: North - Vacant Land; Etiwanda Specific Plan, Estate Residential (ER) District (.1-1 dwelling unit per acre) South - Single -Family Residential; Etiwanda Specific Plan, Very Low (VL) District (.1-2 dwelling units per acre) East - Single -Family Residential; Etiwanda Specific Plan, Very Low (VL) District (.1-2 dwelling units per acre) West - Single -Family Residential; Etiwanda Specific Plan, Very Low (VL) District (.1-2 dwelling units per acre) D1-Pg1 PLANNING COMMISSION STAFF REPORT TIME EXTENSION DRC2017-00028 —ANDREASEN ENGINNERING, INC. February 22, 2017 Page 3 C. General Plan Designations: Project Site - Very Low Residential (.1-2 dwelling units per acre) North - Very Low Residential (.1-2 dwelling units per acre) South - Very Low Residential (.1-2 dwelling units per acre) East - Very Low Residential (.1-2 dwelling units per acre) West - Very Low Residential (.1-2 dwelling units per acre) ANALYSIS: A. Prior Approvals and Automatic Extensions: This time extension application is a request to extend the approval period of Tentative Tract Map SUBTT18210 for 1 year. The original approval of SUBTT18210 was on March 28, 2007 for a time period of 3 years. The original expiration date was on March 28, 2010. However, subsequent to approval of Tentative Tract Map SUBTT18210, the State Legislature passed a series of Assembly/Senate Bills automatically extending the approval period of various active tentative maps throughout the State. State Bill (SB) 1185 extended the approval period 1-year to March 28, 2011; Assembly Bill (AB) 333 extended the approval period 2-years to March 28, 2013; Assembly Bill (AB) 208 extended the approval period 2-years to March 28, 2015; and, Assembly Bill (AB) 116 extended the approval period 2-years to March 28, 2017. _ _T :,7,_ y A rovin "rAuthorit"A: i,,,.. 177 rA' royal/Eztens�on Tye {aApproVah , t oPenod` tAPll Prov`_al, Date, Expiration3 L Dater,._; Planning Commission Original Approval 3 Years 3/28/07 3/28/10 Senate Bill 1185 Automatic Extension 1 Year 3/28/11 Assembly Bill 333 Automatic Extension 2 Years 3/28/13 Assembly Bill 208 Automatic Extension 2 Years 3/28/15 Assembly Bill 116 Automatic Extension 2 Years 3/28/17 Planning Commission Time Extension DRC2017-00028 1 Year 3/28/18 B. Map Extension: The Rancho Cucamonga Municipal Code regulates the subdivision of land through Title 16, the City's Subdivision Ordinance. Section 16.16 is applicable specifically to Tentative Maps — Five or More Parcels -- and provides for time extension requests through Section 16.16.170 Extensions. Section 16.16.170.A. states "The subdivider or his representative may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the community development department. The application shall be filed not less than 60 days prior to the expiration date and shall state the reasons for requesting the extension." The application to extend SUBTT18210 was submitted on January 9, 2017 and includes a letter stating the reasons for requesting the extension (Exhibit B). C. Conformance with Etiwanda Specific Plan: Tentative Tract Map SUBTT18210 was designed to meet or exceed all development standards applicable to subdivisions in the Very Low (VL) District of the Etiwanda Specific Plan. Development standards for the Very Low (VL) District require a minimum lot width of 90 feet, a minimum lot depth of 200 feet, a minimum lot size of 20,000 square feet, and an average lot size of 25,000 square feet. Each parcel will exceed all applicable standards. D1—Pg2 PLANNING COMMISSION STAFF REPORT TIME EXTENSION DRC2017-00028 — ANDREASEN ENGINNERING, INC. February 22, 2017 Page 3 D. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA') and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on March 28, 2007 in connection with the City's approval of Tentative Tract Map SUBTT18210. 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 indicate 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 Time Extension DRC2017- 00028 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 previous Mitigated Negative Declaration. The application is for a one (1) year time extension of a previously approved tentative tract map with no proposed changes to the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, 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. 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 DRC2017-00028. 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. CBTV/Is EXHIBITS: Exhibit A - Aerial Photo Exhibit B - Applicant Letter dated January 17, 2017 Exhibit C - Tentative Tract Map SUBTT18210 Planning Commission Staff Report dated March 28, 2007 Exhibit D - Planning Commission Resolution of Approval No. 07-12 for SUBTT18210 Draft Resolution of Approval for Time Extension DRC2017-00028 D1—Pg3 1 i i' r� - Sil � Y� r � �9aw,in SC Eianyar� S .-� i I _ 1Y. A S la � �_ 6ei �-i • rE .t6p's.11 �� `+17 owAl [ 6 DI 6;�C Z►-7- voo2<� BCS Investments, LLC Suzanne Etcheburria, Manager 2044 Winston Court Upland, CA 91784 (909) 618-8043 suzetch@roadi-uniier.com JANUARY 17, 2017 City of Rancho Cucamonga Attention: Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: 12765 Summit Avenue, Rancho Cucamonga, CA 91739 Assessor's Parcel #0225-171-04 To Whom It May Concern, I am asking for a time extension on the above property. The property has not been developed because of the recession. As the economy has now gotten better, plans for development of the property are now more optimistic. Please consider my request for extension of the plot map for one year. Thank you. Sincerely, Suzatme Etcheberria Manager of BCS Investments, LLC EXHIBIT B D1—Pg5 T H E C I T Y O F RARCHO CUCAH011;CA DATE: March 28, 2007 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY:. Tabe van der Zwaag, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18210 - MARK ALLISON - A request to subdivide 4.89 acres of land into 7 lots for the purpose of developing single-family homes in the Very Low Residential district (.1-2 dwelling units per acre), located on the south side of Banyan Street between Greenwood Place and Etiwanda Avenue - APN: 0225-171-04. Related File: DRC2006-00735. Staff has prepared a. Mitigated Negative Declaration of environmental impacts for consideration. PROJECT AND SITE DESCRIPTION: A. Proiect Density: 1.43 dwelling units per acre. B. Surrounding Land Use and Zoning:. North - Vacant Land; Etiwanda Specific Plan, per acre) South - Single -Family Residential; Etiwanda (.1-2 dwelling units per acre) East - Single -Family Residential; Etiwanda (.1-2 dwelling units per acre) West - Single -Family Residential; Etiwanda (.1-2 dwelling units per acre) Estate Residential (.1-1 dwelling unit Specific Plan, Very Low Residential Specific Plan, Very Low Residential Specific Plan, Very Low Residential C. General Plan Designations: Project Site - Very Low Residential (.1-2 dwelling units per acre) North - Estate Residential (.1-1 dwelling units per acre) South - Very Low Residential (.1-2 dwelling units per acre) East - Very Low Residential (.1-2 dwelling units per acre) West - Very Low Residential (.1-2 dwelling units per acre) D. Site Characteristics: The subject property is within the Etiwanda Specific Plan and the Equestrian Overlay District. The project is surrounded by single-family residential development to the south, east, and west. The lots to the north of the site (across Banyan Street) are undeveloped and zoned single-family residential; the applicant has created a Conceptual Master Plan for the future development of these lots (Exhibit D). EXHIBIT C D1—Pg6 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 2 The site slopes from north to south and has two short sections of Eucalyptus windrows that run from east to west. ANALYSIS: A. General: The applicant proposes to subdivide 4.89 acres of land into 7 lots for the purpose of developing one single-family residence per lot. Access to the lots will be from a new cul-de-sac off Banyan Street. The project includes the development of a local feeder equestrian trail at the rear of each lot and a Community Trail across the frontage of Lot 1 along Banyan Street. The proposed lots meet all City requirements including width, depth, and size. The average lot size is 25,524 square feet which exceeds the 25,000 square foot average required in the Very Low Residential District of the Etiwanda Specific Plan. The proposed lot sizes are as follows: Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Average Lot Size 26,155 square feet 24,735 square feet 24,830 square feet 24,670 square feet 22,620 square feet 22,610 square feet 33,050 square feet 25,524 square feet B. Design Review Committee: On January 16, 2006, the Design Review Committee (McPhail, Stewart, Diaz) reviewed the project and recommended approval as presented. (Exhibit F). C. Technical Review and Grading Committees: The Technical and Grading Committees reviewed the project and recommended approval subject to the conditions outlined in the attached Resolution of Approval with conditions. D. Neighborhood Meeting: A neighborhood meeting was held on February, 15, 2007, at the Golden Elementary School. A total of five residents attended and were generally in favor of the project. One neighbor raised concerns regarding the potential for blowing dust during the grading of the site. The applicant assured them that he would have water trucks on site to minimize blowing dust to meet the strict Air Quality Management District requirements. The attendees were also interest in whether the applicant would develop the lots or sell them off. The applicant stated that he would be developing the lots with Mediterranean style houses of similar size to the surrounding neighborhood. The remainder of the meeting consisted of residents asking the project planner general questions regarding the use and maintenance of private equestrian trails and the landscaping along the public -right-of-way on Banyan Street. E. Trails Advisory Committee: The Trails Advisory Committee reviewed the project at their meeting on March 14, 2007, They were generally accepting of the project and asked that the Commissioners consider asking the developer to use concrete instead of cobblestones on the public right-of-way along the east side of the proposed cul-de-sac. D1—Pg7 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 3 Tree Removal Permit DRC2006-00765: The applicant is requesting the removal of two remnant Eucalyptus windrows consisting of 46 trees. The trees are planted in two rows, each running along an east to west axis. One row is located along the north property line of the site and the other row is more or less in the center of the site. An arborist report was prepared for the site (Jose Huezo, August 31, 2006) which concluded that the trees were in poor health and infested with Borer beetles. The study concluded that because of the poor health of the trees, their location, and the slope of the land, most of the trees will need to be removed for the development of the site. To meet replacement requirements, conditions of approval require all Eucalyptus windrow trees identified for removal to be replaced with 15-gallon Eucalyptus maculata (Spotted Gum) trees, 8 feet on center, as required by the City's Tree Preservation Ordinance. G. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEOX) and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to air quality, biological resources, geology and soils, hydrology and water quality and noise, there would be no substantial evidence, that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. 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. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Tract Map SUBTT18210 and Tree Removal Permit DRC2006-00735 through adoption of the attached Resolution of Approval with Conditions. Respectfully submitt d, JamR. AICP Troyer, Planning Director JT:TV/ge Attachments: Exhibit A - Site Utilization Map Exhibit B - Conceptual Grading Plan Exhibit C - Tentative Parcel Map Exhibit D - Conceptual Master Plan Exhibit E - Horse Corral Exhibit Exhibit F - Design Review Committee Action Agenda dated January 16, 2007 Exhibit G - Initial Study I and II Draft Resolution of Approval for Tentative Parcel Map SUBTT18210 D1-Pg8 m 1. o '. -- �� R�owtw..n.•. {VIYRC Y 4 �SINOII C1YLLYNOY6 CITY OF RANCHO CUCAMONG, C SITE UTILIZATION MAP FOR TENTATIVE TRACT MAP N0. 18210 ( SU61T 18210 ) X G BLOCK COLONY LANDS FTWANDA MB. 2124 00�7 CU I 0 'D lfl CD ,- � m � _ NACAIfiJ '•t 'Elul - 4 --- // I 41 I 1 1 I I � 1 I i i tP Il •' -I'1 - 1 � _ __ _ i B"EN MEADOW Y� COURT I i'I I I LVACYH[. T-W 48 I ...�i � n-1 SECTIONII D-0' o I m 4y _J 'I GI p I ' �V1L%T I Q � I f STILL CREEK COURT 45 ' WIR 284 / 63-67 I u SECnON -A-A' DETAIIL'A' LEGEND: SEC00N -B-B- S=ON-'CC''ITI CITY OF RANCHO CUCAMONGA CONCEPTUAL GRADING PLAN PoR TENTATIVE TRACT MAP NO. 18211 (SUBTT 18210) SEC00N -B-B- S=ON-'CC''ITI CITY OF RANCHO CUCAMONGA CONCEPTUAL GRADING PLAN PoR TENTATIVE TRACT MAP NO. 18211 (SUBTT 18210) m I _ W I I v v 1 (^J 'r'� a..715 SSA//� ' V.LR./S.F.FS/— to V.L.R./S.F.R. '• / V.LR./SER.m�I _ --------------- — _ 1 i I _—_—_-r,-----—J------ V.L.R./S F.R. LY—_� _r 'J V.LR,'/Si .ER. u.31:w :b-`iJ T' \ I V.LR./SLR. _______ ------------ V.LR./S.FA, J '. ,I 1( 7 � r 11 r ---- JU� ASPEN MEADOW r_J •.. L-. -'S COURT V.L.R./S. F.R. I___________. n r' I I _ I i L I I / I V.L.R. I I —1 -TES- _J yll ij r r ' L 6 I i I _ I 1 V.L R. G.F.R I errs suv, r-n I �I w STILL CREEK COURT TENTATIVE TRACT NO. 18210 W THE Clry pF RANCUO CUCAMONQq COUNTY OF SAN BERNARDINO, STATE OF CAUFOfUVr OCW.A IAIANOF �.Tn .'Tl. Il mOFVRTv.otorno. m sa. of uus. laccws of vv �NAmINO cwv+n, rxvcar�n N9ROZXN ENGIN'EO NG, INC FFBRUARYM.1 OWNER / DEVELOPER: TANNA RbI,L ESTATE INC. u:vmlw,minxAA.nx .mco. a sf Il�s�M nM NOTES: uscn:::.w.cNw mrn.v xrvuw �I1 qr M.bnnvrCOKJx.CMv •YN.uxpF Pra:E I •irV nl Lf pFCMC:uCIGx TENTATIVE PARCEL MAP SUMMARY: rwu rn. c.ovs mv:r. o.•e•na.r. IOa:mA.. IP.wAvfvtiFlOI LI 1a.9�u. rlyh:.:Y"IIrINt nroxO,o.�c .FSF...cu. rv..w �vovw °.n :I.urv..rw BENCHMARK 01Q901bYH W tlIIW 6Glpf.Rf^J.I:W b1bR 4 V6NIbb NM.Wtm1�.=rtl4�A JGL W A91b FKfI.YdLL BASIS OF BEARING: v[NmcvlvwnucNRuaawuxm�. vvAxlA.uvO om.nvwuvBlR utun[Ium wu. wanavrw v�uTtvv,bK.cu rbno +1 I ra= �- i�vn�� BANYAN STREET or® 'A' STREET I 4 Is �1 I S V i V I C IN_I T Y+_MAPF ENGINEER: ANDRFA$F,N EENGINNnCRING. INC. UTILFFIES CONTACTS 1 al:e�r4 [wrYN�^ 1\vj .Y oa rvA W �i wS. WWwIVRn WYpm-m?V,.. [lilt wr Tw v )a FASEMENI R: L.l .Na®e..mAArenowlarlmnm� �� Tmn.Onvwdloolcmu.wv .a.ovmruvrelnlonwreFJ.ulwuwvuurlaw um[cwwmm.eol.m..wnrocua.-ar wr A 9(N mttlnwu LEGEND'"` `--iAJ of„crux walnr. FNGl�xcn ANDR�A�.S^P. Y. `NCrvfNRe:'t�INC, INC. s"'��t' I i m —w �o CITY OF RANCHO CUCAMONGA CONCEPT MASTER PLAN FOR TENTATIVE TRACT MAP NO. 10210 (SUEITT 18210 1 Ejj ><c. n , RILCK GG1NDNf LANDS IW I E7MIANOA MR. y24 (vuaNr) I aLnNO--------} ----- J ------ NACAN ) �I , Is I zc.rss sr I (Vd AVT) 4 41 I I 3 f zn.mo n.r�l / 1 I 1 B .wren :v4uu / v a.e,o s r. �I T zz.uso sl I Ikit ! a_ a I� •.� fiASPEN MEADOW 40 W1 ; �_, COURT I v IH - L%----_ .. __________cq � d s 4 4f7 I 16 ? a3 MF CSi 4ry I I I 16 cl !l 1 I I / C L _J p -i L_T 46 _ STILL CREEK J 1 I I ' 1` COURT i -- ----— __ 44 :- s �.E. 284 1 -33-87 I I I LEGEND: WP4C YNf.Y•bn L -------J OP RANCHO CUCAMONG. SITE PLAN g(SUBTT18210) DESIGN REVIEW COMMENTS 7:10 p.m. Tabe Van der Zwaag January 16, 2007 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18210 - MARK ALLISON - A request to subdivide 4.76 acres of land into 7 lots for the purpose of developing single-family homes in the Very Low Residential District (1-2 dwelling units per acre), located on the south side of Banyan Street between Greenwood Place and Etiwanda Avenue - APN: 0225-171-04. Design Parameters: The project site is within the Etiwanda Specific Plan area. The parcel is generally rectangular in shape with an overall depth of about 630 feet from north to south and a width of 330 feet from east to west. The lots to the east, west, and south are zoned Very Low Residential and developed with single-family residences. The lots to the north are zoned Estate Residential and are undeveloped. The existing topography slopes from about 1,545 feet at the north property line to about1,512 feet at the south property line. The applicant proposes subdividing the site into 7 lots for future development of one single-family residence per lot. The parcels will be accessed from a new cul-de-sac off of Banyan Street. The proposed lot sizes are as follows: Lot 1 -. 26,155 square feet, Lot 2 - 24,735 square feet, Lot 3 - 24,830 square feet, Lot 4 - 24,670 square feet, Lot 5 - 25,620 square feet, Lot 6 - 22,610 square feet, and Lot 7 - 33,050 square feet. A private "local feeder" equestrian trail will be developed at the rear of each lot to access the Community Trail that runs along the south side of Banyan Street. The development of the lots will require the removal of two short sections of Eucalyptus windrows. The applicant will be required to plant new Eucalyptus trees along the north, south, and west property lines of the site in a windrow configuration per Etiwanda Specific Plan standards. The proposed tract map and the parcels created by it comply with all City development standards for the district in which it is located. Major Issues: None. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. Plant the street trees within the parkway along the east side of Street A. 2. Provide slope planting per the Development Code standards. 3. Provide 10-foot wide gates in the block wall at the rear of each lot for access to the equestrian trail. Staff Recommendation: Staff recommends that the Committee recommend approval of the proposed parcel map as submitted to the Planning Commission. Design Review Committee Action: Members Present: McPhail, Stewart, Diaz Staff Planner: Tabe van der Zwaag The Committee approved the project as presented. /-'C _11- /,? 5 /o -? EXHIBIT F D1-Pg14 I ; 1 ' .� ENVIRONMENTAL INFORMATION FORD (Part I - Initial Steady) City or Rancho Cucamonga (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) Planning Division (909)477-2750 The purpose of this form is to inform the City of the basic components of the proposed projectso that the City may review the project pursuantto City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. INCOMPLETEAPPLICATIONS WILL NOTBE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal, City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: Project Title: Banyan Street Project, Tract # 18210 Name & Address of project owner(s): Corey Patick / Tanna Real Estate, Inc. 152 South Glendora Avenue West Covina, California 91790 Name & Address of developer or project sponsor. Mark Allison 152 South Glendora Avenue West Covina, California 91790 Contact Person & Address: Mark Allison Cell: 626.841.1104 152 South Glendora Avenue Tel: 626.917.6700 West Covina, California 91790 Fax: 626.917.6706 Name & Address of person preparing this form (if different from above): Mark Allison Cell: 626.941.1104 152 South Glendora Avenue Tel: 626.917.6700 West Covina, Califomia 91790 Fax: 626.917.6706 EXHIBIT G D1—Pg15 Information indicated by an asterisk () is not required of non -construction CUP's unless otherwise requested by staff. '1) Provide a full scale (8-112 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east and west; views into and from the site from the primary access points that serve the site; and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): The proposed entrance to the property and to the cenerline of the proposed cul-de-sac, is 330 feet west of Laurell Slosom and 510 feet east of Greenwood Place, going south off of Banyan Street. 4) Assessor's Parcel Numbers (attach additional sheet if necessary): APN: 0225-171-04 See attached for legal description. 15r Gross Site Area (adsq. ft.): c 4J,4i9� pgg square feet. 6) h Net Site Area (total site size minus area of public streets & proposed IJ dedications): 4.10acres, V+ -f0squarefeet 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): None 8) include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: Requesting a tetntative only at this time, permit list will be determined once scope of project is complete. 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, cite all sources of information (i.a., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): Topography: Medium sloping (5% approx. 36') from northern border @ Banyan St (1,644' msl) to southern border of property (1,608' msl). Soils stability and composition: See attached Geotechnical Report RC Environm Form Banyan Page 2 of 9 Created on 416/2006 4:39:00 PM D1—Pgl6 Vegitation: Two rows of mature Eukalyptus trees running east to west; the first @ the north boundary on Banyan the second is 350' to the south of the Banyan Street border. Trails, roads, creeks, drainage courses: None aparent. Scenic aspects: The property is nestled comfortably in the foothills with enough elevation to have a view of the valley below with additional views of the San Gabriel mountains directly to the north. 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information (books, published reports and oral history): None known. (Public records and internet search) 11) Describe any noise sources and theirlevels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: This project site is exposed to minimal disturbance from aircraft traffic leaving and departing Ontario Airport to the S/SW (6.5 miles) and what would be considered not more than average automobile traffic traveling east and west along Banyan Street directly to the north. The projects immediate boundries to the west, south and east are neihbodng residential communities zoned VL. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s) if necessary., See accompanying site plan. Project timelines and phases of development have not yet been determined. RC Environm Form Banyan Page 3 of 9 . Created on 4/6/2006 4:39:00 PM 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.) and scale of development (height, frontage, setback, n:aryard, etc.): To the north, across Banyan, are 3 undeveloped parces totalling 17 acres. To the east and south is a 75 home community, all 1/2 acre lots (+/-), zoned Residetial, VL. Directly to the west are 4 new, recenly constructed homes and one vacant lot lot on .8 acres, zoned Residential, VL. 14) Will the proposed project change the pattern, scale or character of the surrounding general area of the project? No, the project being proposed is within the standards and guidelines of the Etiwanda Specific Plan, Regulatory Provisions. 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these noise levels affect adjacent properties and on -site uses. What methods of soundproofing are proposed? As of 8/31/06 a current Noise Analysis is being conducted and the complete report will follow. *16) Indicate proposed removals and/or replacements of mature or scenic trees: Depending on the approved lay -out and placement of homes, there are 41 mature Eucalyptus trees that will need to be removed Additionally, the removal of 5-8 dead and/or unhealthy trees will also be required. See complete Arborist Report. (Attached) 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: N/A RC Environm Form Banyan _ Page 4 of 9 Created on 4/612006 4:39:00 PM D1—Pg18 r 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga County Water District at 987-2591. a. Residential (gal/day) OPeak use (gaYDay) 1 26t3b� ��U V b. CommerciaMnd. (gal/day/ac) 0.00 Peak use (gal/min/ac) 0.00 19) Indicate proposed method of sewage disposal. ❑ Septic Tank ® Sewer. If septic tanks are proposed, aftach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga County Water District at 987-2591. a. Residential (gal/day) 270.00 b. Commercial/Industrial (gal/day/ac) 0.00 RESIDENTIAL PROJECTS: 20) Number of residential units: 7 Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: Minimum lot size: 22,070 sf. Maximum lot size: 33,145 sf. Average lot size: 25,092 sf. Attached (indicate whether units are rental or for sale units): 21) Anticipated range of sale prices and/or rents: Sale Price(s) $0.00 to $0.00 Rent (permonth) $0.00 to $0.00 22) Specify number of bedrooms by unit type: NIA 23) Indicate anficipated household size by unit type: N/A RC Environm Form Banyan Page 5 of 9 Created on 4/6/2006 4:39:00 PM - D1-Pg19 - - I 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary., b. Junior High: c. Senior High COMMERCIAL, INDUSTRIAL ARID INSTITUTIONAL PROJECTS 25) Describe type of use(s) and majorfunction(s) of commercial, industrial or institutional uses: NO 26) Total floor area of commercial, industrial, or institutional uses by type: N/A 27) Indicate hours of operation: N/A 28) Number of employees: Total., Maximum Shift., Trme of Maximum Shift., 29) Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication of the rate of him for each classification (attach additional sheet if necessary): TO 30) Estimation of the number of workers to he hired that currently reside in the City: *31) For commercial and industrial uses only, indicate the source, type and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at (818) 572-6283): N/A RC Environm Form Banyan Page 6 of 9 Created on 4/62006 4:39:00 PM - D1—Pg20- ALL PROJECTS 32) Have the water, sewer, fin:, and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so, please indicate their response. No formal requests have been submitted though initial inquiries have determined the following: Rancho Cucamonga Fire Protection: No aparent issues with location, equipment or personnel requirements. Cucamonga Valley Water District: Viable pathways are aparent to existing storm drain and sewer locations. San Bernardino County Flood Control District: No reply since initial request. 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCBs; radioactive substances; pesticides and herbicides; fuels, oils, solvents, and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, if known. 34) Will the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic materials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled oh the application plans. I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability, that the facts, statements, and information presented am true and correct tot he best of my knowledge and belief. I further understand that additional information maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: 8/31/06 Signature: Title: Vice President Building Development RC Environm Farm Banyan Page 7 of 9 Created on 4/6/2006 4:39:00 PM D1-Pg21 ATTACHMENT A Water Usage Average use per day Residential Single Family Apt/Condo Commercial/Industrial General and Regional Commercial Neighborhood Commercial General Industrial Industrial Park Peak Usage For all uses Average use x 2.0 Sewer Flows Residential Single Family Apt/Condos Commercial/Industrial General Commercial Neighborhood Commercial General Industrial Heavy Industrial Source: Cucamonga County Water District Master Plan, 6/00 040 -.-60Tg—al/day s 400 gal/day 3,000 gal/day/ac 1,500 gaUday/ac 2,500 gal/day/ac 3,000 gaUday/ac 270 gal/day 200 gal/day 2,000 gal/day/ac 1,000 gaUday/ac 1,500 gal/day/ac 3,000 gal/day/ac 1"2 � D RC Environm Form Banyan Page 8 of 9 Created on 4/6/2006 4:39:00 PM D1—Pg22 -- ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909)989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909)987-8942 Etiwanda 5959 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909)988-8511 RC Environm Form Banyan Page 9 of 9 Created on 4/612006 4:39:00 PM D1-Pg23- - -- --- I T Y O F ANCHO CUCAMONGA- Memorandum DATE: . August 13, 1990 TO: Applicants FROM: Dan Coleman, Principal Planner SUBJECT: HAZARDOUS WASTE AND SUBSTANCE SITES Effective July 1, 1987, Government Code Section 65962.5 requires each applicant for any development project to consult the State list of Hazardous Waste and Substance Sites. Based upon this list (available from the Planning Division) the applicant is required to submit a signed statement to the City of Rancho Cucamonga indicating whether the project is located on a site which is included on the list before the City accepts the application as complete. If the project is listed by the State as a hazardous waste or substance site, the applicant must fully describe the nature of the hazard and the potential environmental impacts on the Initial Study, Part 1. Attached is a standard statement for the applicant to sign. The State list of Hazardous Waste and Substance Sites may be reviewed at the City of Rancho Cucamonga Planning Division offices, located at 10500 Civic Center Drive. Attachment: Statement Form DC:dc D1—Pg24 HAZARDOUS WASTE SITE STATEMENT I have been informed by the City of Rancho Cucamonga of my responsibilities pursuant to California Government Code Section 65962.5 (copy attached) to notify the City as to whether the site for which a development application has been submitted is located within an area which has been designated as the location of a hazardous waste site by the Office of Planning and Research, State of California (OPR). I have also been informed by the City of Rancho Cucamonga that, as of the date of executing this Statement OPR has not yet compiled and distributed a list of hazardous waste site as required by said Section 65962.5. I am informed and believe that the proposed site for which a development application has been submitted is not within any area specified in said Section 65962.5 as a hazardous waste site. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Dated: ayOJ/Z-60G Applicant D1-Pg25 % woo T'l _j V law 0 0 3].. 79 .k� IU . . . . . . . . . . :10 ABorrow) Pit . . . . . r 5k 3 .• ....... ... 1600 4r, ......... .. .......... 3 -------- ; ....... ALM 3778 II 1I rLE„ II .............. Uffin. tz Ili!!:- Gagingry 30 . . . . . . . . . . . . . Station . . . . . . . . . . . . . . . . . . . Mill all -1-1 ... HIM liffl,112:111 Will agilgill;• ---------- jin: h%Fire Co�trol Station' a It min gniit 3 "lip V nNns. :.ZnnN . ....15. ....... 3776000. 3 301 6 W., 1 '" 4511 2 SCALE 1:24000 a 453000- E. 117 2000 0 1 MILE U/ESTWIDE MAPS CC 3DOO 4000 5000 6000 7000 FEET 624.2679 0 Heavy-duty._— Light -duty.. --- ROAD CLASSIFICATION — I KILOMETER 114 WEST THIRD ST. TOUR INTERVAL 40 FEET 'TCS ANGELES, CALIF. 90013 Medium -duty.,._...__ Unimproved dirt ;EODETIC VERTICAL DATUM OF 1929 C) Interstate Route C3 U.S. Route 0 State Route CUCAMONGA PEAK -CALIF.. WITH NATIONAL MAP ACCURACY STANDARDS QUADRANGLE LOCATION tEY. DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092 NE�/4 ON�ARTO 35' QUADRANGLE - N3407.5—WI1730/7.5 !APHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST Revisions shown in, purple and woodland compiled from aerial photographs taken 1978 and other Source data '1966 This informat!Odnot-field't:h�bkid,4 Mal) edited 1980 I Pi,10T'6REVISED: 1980, . Welcome . Collections o Open o Add pushpin . Driving directions . Traffic . Locate me • Share o Share in Messenger o E-mail http://Iocal.live.com/ 6/13/2006 - D1—Pg27 t - 2 d" ----_--- ,. _ LEGEND: k NUMBER OF PHOTO DIRECTION OF PHOTO PHOTO INDEX MAP PREPARED UNDER THE SUPERVISION OF ANDREASEN ENGINEERING, INC. CIVIL ENGINEERING • LAND SURVEYING • MUNICIPAL ENGINEERING 360 NORM PARK AVq'U£, POVONL CAUFORNIA 91166 (9091623-1595 • FAK 1 (909)620-0016 - D17Pg28 - - Y ldh•.r �M. sue~` , � ��.. ..! �v.� �•I. y[ �. yr w .*.�� I �n \-g�Tfl\iil` 1 17:. City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: SUBTT18210 2. Related Files: None 3. Description of Project: TENTATIVE TRACT MAP SUBTT18210 - MARK ALLISON - A request to subdivide 4.89 acres into 7 lots for the purpose of developing single-family homes in the Very Low Residential zoning district, located on the south side of Banyan Street between Etiwanda Avenue and Greenwood Place - APN: 0225-171-04. 4. Project Sponsor's Name and Address: Mark Allison 152 South Glendora Avenue West Covina, CA 91790 5. General Plan Designation: Single -Family Residential 6. Zoning: Very Low Residential 7. Surrounding Land Uses and Setting: The site is vacant and is surrounded by single-family residences to the southeast and west. There are vacant residentially zoned lots to the north. The site slopes from north to south and has two short sections of eucalyptus windrows that run from east to west. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Tabe Van der Zwaag (909)477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): GLOSSARY —The following abbreviations are used in this report: CVWD—Cucamonga Valley Water District EIR — Environmental Impact Report FEIR —Final Environmental Impact Report NPDES — National Pollutant Discharge Elimination System NOx —Nitrogen Oxides ROG — Reactive Organic Gases PM10—Fine Particulate Matter RWQCB — Regional Water Quality Control Board SCAQMD — South Coast Air Quality Management District SW PPP — Storm Water Pollution Prevention Plan URBEMIS7G — Urban Emissions Model 7G - - - D17:Pg32 - Initial Study for SUBTT18210 City of Rancho Cucamonga Page 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than -Significant- Impact" as indicated by the checklist on the following pages. (✓) Aesthetics () Agricultural Resources (✓) Air Quality (✓) Biological Resources (✓) Cultural Resources (✓) Geology & Soils () Hazards & Waste Materials (✓) Hydrology & Water Quality () Land Use & Planning () Mineral Resources (✓) Noise () Population & Housing () Public Services () Recreation () Transportation/Traffic () Utilities & Service Systems () Mandatory Findings of Significance DETERMINATION f On the basis of this initial evaluation: (✓) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. kITNGATED NFX� DECLARATION will be prepared. All 50 W),AI ;� , 0 N W - - - .: A�. Rev. 5/24/06 D1—Pg33 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 3 Less Than Significant Less Issues and Supporting Information Sources: PP g Potentially significant wtn Mitigation man Significant No I act Inca orated impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project. a) . Have a substantial affect a scenic vista? () () .() (✓) b) Substantially damage scenic resources, including, but () (✓) () (.) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or () () () (✓) quality of the site and its surroundings? d) Create a new source of substantial light or glare, () () (✓) ( ) which would adversely affect day or nighttime views in the area? Comments: a) . There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Exhibit III-15. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. c) The site is located on the south side of Banyan Street between Etiwanda Avenue and Greenwood Place and. is characterized by single-family residential development to the north, south and east; there is vacant residentially zoned land to the north of the site. The visual quality of the area will not degrade as a result of this project, Design review is required prior -to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of the light fixtures will be shown on the Site Plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. 2. AGRICULTURAL RESOURCES. Would the project., a) Convert Prime Farmland, Unique Farmland, or () () (✓) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a () () () (✓) Williamson Act contract? c) Involve other changes in the existing environment, () () () (✓) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Rev. 5124/06 D1-Pg34 Initial Study for SUBTT18210 City of'Rancho Cucamonga Page 4 Less Than Significant Less Issues and Supporting Information Sources: sgnifiianv SiImpcant With Mitigation man SiImp c No Impact Incorporated Impact t Impact Comments: a) The site is. not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located on the south side of Banyan Street between Etiwanda Avenue and Greenwood Place and is characterized by single-family residential development to the north, south, and east; there is vacant residentially zoned land to the north of the site. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmland parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan Final Environmental Impact Report (FEIR) identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) The site is located on the south side of Banyan Street between Etiwanda Avenue and Greenwood Place and is characterized by single-family residential development to the north, south, and east; there is vacant residentially zoned land to the north of the site. The nearest agricultural use is more than 1 mile south from the project site. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a), Conflict with or obstruct implementation of the () () () (✓) applicable air quality plan? . b) Violate any air quality standard or contribute () (✓) () ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of () () () (✓) any criteria pollutant for which the project region is non -attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed. quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () (✓) () ( ) concentrations? e) Create objectionable odors affecting a substantial () () () (✓) number of people? Comments: a) As noted in the General Plan FEIR (Section 5.6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and Rev. 5/24/06 D1—Pg35 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 5 Less Than Significant Less Issues and Supporting Information Sources: PP g Potentially Significant with Mitigatlon man Significant No Impact Inco crated Impact Impact State standards. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) During the construction phases of development, on -site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on -going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project -specific basis. Therefore, the following mitigation measures shall be implemented to reduce impacts to less -than -significant levels: Rev. 5/24/06 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low -emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high -volume, low-pressure spray: 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on -site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. D1—Pg36 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 6 Less Than Significant Less Issues and Supporting Information Sources: Pigmficalnt Significant vru hlitigaiipn has Significant No Impact Inco pratetl I ." I act Rev. 5/24/06 • 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. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel -powered equipment where feasible. 9) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5.6). Based upon on the Urban Emissions Model (URBEMIS7G) model estimates in Table 5.6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and PM10 would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less -than -significant. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 5.6-4 of the General Plan FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less -than -significant. The following mitigation measures shall be implemented: 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. D1—Pg37 _ Initial Study for SUBTT18210 City of Rancho Cucamonga Page 7 Less Than Significant Less Issues and Supporting Information Sources: pp g Potentially significant With Mitigation Than Significanl No hroact Incorporatetl Im act I act After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. c) As noted in the General Plan FEIR (Section 5.6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located more than 1/4 mile from the nearest sensitive receptor. Therefore, no adverse impacts are anticipated. e) Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or () ( ) () (✓) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat () () ( ) (✓) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally () () () (✓) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native () () () (✓) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Rev. 5/24/06 D1—Pg38 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 8 Less Than Significant Less Issues and Supporting Information Sources: PP g Potentially Significant with Mligation man Signficant No Innact Incorporated Impact Im act e) Conflict with any local policies or ordinances () () () (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat () () () (✓) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with residential uses. The site has been previously disrupted during construction of infrastructure and surrounding developments/annual discing for weed abatement. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on -site, meaning the project will not have any impacts. c) No wetland habitat is present on -site. As a result, project implementation would have no impact on these resources. d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) There are heritage trees on the project site. According to the arborist report prepared for the project, there are a total of 46 Eucalyptus trees on -site that meet the minimum criteria for designation as heritage trees. All the trees belong to the same genus and species: Eucalyptus viminalis. Of these trees, 3 are dead and the remaining 43 trees have not been cared for and are in need of pruning. Additionally, all the trees are infected with the tortoise beetle. The arborist report indicates that because of the poor health of the trees, their location and the slope of the land, most of the trees will probably be lost or removed for development of the proposed lots. The City will require the developers of the individual lots to plant replacement trees on a one -for -one basis. Additionally, the site is within a planning area governed by the Etiwanda Specific Plan. The specific plan requires Eucalyptus trees to be planted in the 5 foot parkway landscape area along Banyan Street and along the south and west property lines at a rate of one tree per 8 linear feet of property line and in a windrow pattern. This translates into approximately 150 new trees (1,200 linear feet of property line/one tree per 8 linear feet), 104 in excess of the maximum number of trees proposed to be removed. The following mitigation measures will ensure impacts to the heritage trees are at a less -than -significant level: 1) The existing eucalyptus windrows shall be replaced by the future developers of the lots with Eucalyptus maculata (spotted gum) to meet the windrow planting requirement outlined in the Etiwanda Specific Plan. The new windrow plantings shall be generally guided by the established 330-foot by Rev. 5/24106 D1—Pg39 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 9 Less Than Significant Less Issues and Supporting Information Sources: PP 9 Potentially Slgnificam With l.ritigation Than Significant No Im act Incor omlad Impact Impact 660-foot grid pattern, and be planted in the required 5-foot streetscape landscape area along the south side of Banyan Street and along the south and west property lines. The trees shall be 15-gallon size, staked and irrigated and planted on center in a windrow pattern at a rate of one tree per 8 liner feet of property line. f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the () ( ) () (✓) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the () (✓) () ( ) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological () (✓) () ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred () () () (✓) outside of formal cemeteries? Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). There will be no impact. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FOR (Section 5.11). Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources. The following mitigation measures shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition.or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the archaeological heritage of the area. Rev. 5/24/06 D1—Pg40 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 10 Less Than Significant Less Issues and Su ortin Information S PP g Sources: Potentially Significant with Mitigation Than Significant No ' Impact Incomorated Impact Impact • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects 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. c) . The General Plan FEIR (Section 5.11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere -of -influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last 'ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report'of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities. • Should fossils be found within an area being cleared or graded,.divert earth -disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading. contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). .- Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with'a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The. project site has already been disrupted by construction of infrastructure and surrounding developments/annual discing for weed abatement. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on -site, no further disturbance shall occur until the Rev. 5/24/06 --D1-pg41.. — - --.- -- Initial Study for SUBTT18210 City of Rancho Cucamonga Page 11 Less Than. Significant Lass Issues and Supporting Information Sources: PP g orm Potentially significant With Mitigation Than Significant No Impact Incorromled Impact Impact County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on -site. No adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as () () () (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? () () () (✓) iii) Seismic -related ground failure, including () () () (✓) liquefaction? iv) Landslides? () () () (✓) b) Result in substantial soil erosion or the loss of topsoil? O (✓) O ( ) c) Be located on a geologic unit or soil that is unstable, () () () (✓) or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table () () () (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use () () () (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5.1 of the General Plan FEIR. The. Red Hill Fault, passes within 1.25 mile northwest of the site, and the Cucamonga Fault Zone lies approximately 2 miles north. These faults are both capable of producing Mv, 6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to Mw 7.5 earthquakes is 10 miles northeasterly of the site and the San Andreas, capable of up to Mw 8.2 earthquakes, is 12 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less -than -significant Rev. 5/24/06 D1—Pg42__ Initial Study for SUBTT18210 City of Rancho Cucamonga Page 12 Less Than Significant Less Issues and Supporting Information Sources: Polanllany Significant with Mitigation Than significant Nc Impact Incor prated Impact Irtpad The proposed project will require the excavation, stockpiling, and/or movement of on -site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less -than -significant levels: 1) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board .(RWQCB) daily to reduce PMtg emissions, in accordance with SCAQMD Rule 403 or re -planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off -site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM1g emissions from the site during such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. c) The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer. The project would not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5.1-2. Soil types on -site consist of Tujunga Gravelly Loamy Sand Soil association according to General Plan FEIR Exhibit 5.1-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on -site consist of Tujunga Gravelly Loamy Sand Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5.1-3. These soils are typically used for ,irrigated small grains and pasture plants. It is a favored soil for lemons in the west end of the survey are north of Foothill Boulevard. Runoff is very slow to slow, and the hazard of erosion is slight because of the gravelly surface layer. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. Rev. 5/24/06 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 13 Less Than Significant Less Issues and Supporting Information S PP g Sources: Potentially Significant Min hliliga6on Than significant No Impact Incor oraletl Impact Impact 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the () () () (✓) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the () () () (✓) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () () (✓) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of () () () (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, () () () (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) () () (✓) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an ( ) () () (✓) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of () () () (✓) loss, injury or.death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) The project will not involve the transport, use, or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered a full -service, Hazardous Materials Division that is more comprehensive that any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less -than -significant. No adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered a full -service Hazardous Materials Division that is more comprehensive than any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Rev. 5/24/06 D1rPg44 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 14 Less Than Significanl less Issues and Supporting Information Sources: Pptamially Significant wnn Mitigation Than Significanl No Impact In, oratetl Impact Impact Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less -than -significant. No adverse impacts are anticipated. c) There are no schools located within 1/4 mile of the project site. The project site is located within 112 mile of the nearest existing or proposed school. d) The proposed project is not listed as a hazardous waste or substance materials site. A recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an Airport Land Use Plan and is not within 2 miles of a public airport. The project site is located approximately 7 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2-1/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The City's Multi -Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from a wind -driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. 8. HYDROLOGY AND WATER QUALITY. Would the project. a) Violate any water quality standards or waste discharge requirements? () (✓) () ( ) b) Substantially deplete groundwater supplies or interfere () () () (✓) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the () () () (✓) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? Rev. 5/24/06 D.1-Pg45 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 15 ess Tian Significarq Less Issues and Supporting Information Sources: PP g Pura^rally Signilicant wpn . Mitigatipn man Slgni mant Nc Im act Inroryorafetl Impact Impact d) Substantially alter the existing drainage pattern of the () () () (✓) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed () () () (✓) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? () (✓) () ( ) g) Place housing within a 100-year flood hazard area as () () () (✓) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures () () () (✓) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of () () () (✓) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? D Inundation by seiche, tsunami, or mudflow? () () () (✓) Comments• a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to the existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Rev. 5/24/06 Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off -site into receiving waters. • Eliminate or reduce non -storm water discharges to storm sewer systems and other waters of the nation. • Perform inspections of all BMPs. D1—Pg46 Initial Study for SU BTT18210 City of Rancho Cucamonga Page 16 F�Z��nnt LessIssues and Supporting Information Sources: P°�ntia1y TMa^ Slgnifiwnt n SignifiwntIm act ed Impact Impact Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare a Storm Water Pollution Prevention Plan (SWPPP). To comply with the NPDES, the project construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) during construction activities, and a Water Quality Management Plan (WQMP) for post -construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by Green Tree Environmental Management on August 1, 2006, that identifies Best Management Practices (BMPs) to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads, and other impermeable surfaces must be controlled through an on -site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing Erosion and Sediment Control Plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures would be required to control additional storm water effluent: Construction Activities. Rev. 5124/06 1) Prior to issuance of Grading Permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on -site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on -site and off -site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on -site or off -site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. DI—Pg47 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 17 Less Than Significant Less Issues and Supporting Information Sources: Potenally significant wdh Mitigation Than Significa No Im act Inm orated Impact Impact Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Green Tree Environmental Management on August 1, 2006, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits. 7) Rooftop run-off shall be captured in the adjacent landscaped yard areas, which will then infiltrate the run off, thus decreasing the site run-off. b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins. CVWD has adopted a master plan that estimates demand needs until the year 2030. The proposed project will not deplete groundwater supplies, nor will lt interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation; however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface. As noted in the General Plan FEIR (Section 5.9), continued development citywide will increase water needs and is a significant impact; however, CVWD has plans to meet this increased need through the construction of future water facilities. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to the existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. Therefore, the project will not result in substantial erosion or siltation on- or off -site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. Therefore, increase in runoff from the site will not result in flooding on- or off -site. No impacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial Rev. 5124/06 -D1-Pg48 — - -- Initial Study for SUBTT18210 City of Rancho Cucamonga Page 18 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant wm, Mitlgaeon Than significant Na Im aot Irrco ted Im act Im act additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. Therefore, increase in runoff from the site will not result in flooding on- or off -site. No impacts are anticipated. Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. The following mitigation measures shall be implemented: 8) Prior to issuance of Building Permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on -site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 9) Prior to issuance of Grading or Paving Permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. g) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. h) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. Rev. 5/24/06 The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete -lined channels, and underground storm drains as shown in General Plan Exhibit V-6. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. There are no oceans, lakes or reservoirs near the project site; therefore, impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non -significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. D1-Pg49 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 19 Less Tian Significant Less Issues and Supporting Information Sources: Potantla"' Significant witn Mitigation man Significant No Im act Inco orated Impact Impact 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? () () () (✓) b) Conflict with any applicable land use plan, policy, or () () () (✓) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan () () () (✓) or natural community conservation plan? Comments: a) The site is located on the south side of Summit Avenue between Etiwanda Avenue and Greenwood Place and is characterized by single-family residential development to the north, south and east; there is vacant residentially zoned land to the north of the site. This project will be of similar design and size to surrounding residential development to the south, east and west. The vacant parcels to the north are residentially zoned and will eventually be developed with a similar design and size to the subject surrounding parcels. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Very Low Residential (.1-2 dwelling units per acre). The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral () () () (✓) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important () () () (✓) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site; therefore, there is no impact. Rev. 5/24/06 D1—Pg50 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 20 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than Significant No Impact Inca omled I act Impact 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in () (✓) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive () () () (✓) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise () () () (✓) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in () (✓) () () . ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, () () () (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, () () () (✓) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build -out. Since the General Plan was adopted in 2001, the 1-210 Freeway was completed which included a depressed grade and sound attenuation walls. A Noise Study of completed on November 21, 2006 by URS. They found that the outside noise levels as measured in the rear yards of each of the proposed lots did not exceed the 60 dB limit outlined in the General Plan. Additionally, the study found that the predicted noise levels in 2005 would also be below the 60 dB limit. Because the proposed lots will not be exposed to noise levels exceeding the 60 dB limit, URL considered an interior noise analysis unnecessary. b) As such, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed activities will not significantly increase traffic; hence are not anticipated to increase the ambient noise levels within the vicinity of the project. d) The General Plan FEIR (Section 5.7) indicates that during a construction phase, on -site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Rev. 5/24/06 01—Pg51 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 21 Less Than Significant Less Issues and Supporting Information Sources: PP g Potengalty Significant With Mitigation Than Significant No Im act Incorporated Impact Impact 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on -site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measure shall then be required: 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an Airport Land Use Plan and is not within 2 miles of a public airport. The site is located approximately 7 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. The nearest private airstrip, Cable Airport, is located approximately 2-1/2 miles to the west of the City's westerly limits. No impact is anticipated. 12. POPULATION AND HOUSING. Would the project. a) Induce substantial population growth in an area, either ( ) () () (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) () () (✓) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating () () () (✓) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. No impacts are anticipated. Rev. 5/24/06 D1—Pg52 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 22 Less Than Significant Lass Issues and Supporting Information Sources: Polentially with Than Significant Mitigation Significant No Im act 'n1orn.nnind Impact Impact b) The project site contains no existing housing units. No adverse impact expected. c) The project site is vacant land. No impacts are anticipated. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? () () () (✓) b) Police protection? () () () (✓) c) Schools? () () () (✓) d) Parks? () () () (✓) e) Other public facilities? () () () (✓) Comments: a) The site, located on the south side of Summit Avenue between Etiwanda Avenue and Greenwood Place, would be served by a fire station located approximately 3/4 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. c) The Etiwanda School District and the Chaffey Joint Union High School District serve the project area. Both school districts have been notified regarding the proposed development. A standard condition of approval will require the developer to pay the School Impact Fees. With this standard mitigation, impacts to the School Districts are not considered significant. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Etiwanda Creek Community Park, is located 3/4 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. Rev. 5/24/06 D1—Pg53 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 23 Less Than Significant Less Issues and Supporting Information Sources: PP g Potentially Significant With Mitigation Than Significant No Im act incorporated Impact lropact According to the General Plan FEIR (Section 5.9.9), the projected increase in library space under the General Plan will not meet the projected demand. The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated. Since the adoption of the General Plan, the City has planned a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build -out of the City. 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and () () ( ) (✓) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the . project include recreational facilities or () () () (✓) require, the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Etiwanda Creek Community Park is located 3/4 mile from the project site. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. b) See a) response above. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in () () () (✓) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ( ) () () (✓) service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ( ) () () (✓) either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) () () (✓) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Rev. 5/24/06 D1—Pg54 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 24 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant with Nlitigatfon Than Significant No Im act Inca oraled Im act Im act e) Result in inadequate emergency access? () () () (✓) f) Result in inadequate parking capacity? () () () (✓) g) Conflict with adopted policies, plans, or programs O O O (✓) supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: a) Implementation of the proposed project will generate 91 vehicle trips daily. The proposed project includes the development of 7 single-family dwelling units. The Rancho Cucamonga Traffic Model estimates that each single-family detached dwelling unit will generate 1 two-way peak hour trips daily. As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of Building Permit. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The Rancho Cucamonga Traffic Model estimates that each single-family detached dwelling unit will generate 4 two-way peak hour trips daily. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these Development Impact Fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted Transportation Development Fee prior to issuance of a Building Permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site. No impacts are anticipated. c) Located approximately 7 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project .will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency. access. No impacts are anticipated. Rev. 5/24/06 D1—Pg55 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 25 Less Than Significant Less and Supporting Information Sources: PP g PoteIssues Significant Significant With Ligation Than Sig hah m No Impact Incorporated Impact Impact act The project design has adequate parking in compliance with. standards of the Rancho Cucamonga Development Code and will therefore not create an inadequate parking capacity. No impacts are anticipated. g) The project design includes, or the project will be conditioned to provide, features supportingItransportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). 16. UTILITIES AND SERVICE SYSTEMS. Would the project. a) Exceed wastewater treatment requirements of the ( ) () () (✓) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) () () (✓) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm () () () (✓) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.? d) Have sufficient water supplies available to serve the () () () (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment () () () (✓) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by *a landfill with sufficient permitted () () () (✓) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and () () () (✓) regulations related to solid waste? Comments: a) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The project is required to meet the requirements of the, Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official Rev. 5/24/06 D1—Pg56 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 26 .Less on Significant Less Issues and Supporting Information Sources: PP g aotentialm Significant wen Mitigadon Than Significant. No Impact Inc. oreted Impact Impact and City Engineer prior to issuance of Grading Permits. The impact is not considered significant. d) The project is,served by the Cucamonga Valley Water District water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. No impacts are anticipated'. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the () () () (✓) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually () () () (✓) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () () () (✓) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The Rev. 5/24/06 D1—Pg57 Initial Study for SUBTT18210 City of Rancho Cucamonga Page 27 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build -out in the City and Sphere of Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less -than -significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed -use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction -related emissions of criteria pollutants as having a`potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less -than -significant levels. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (T) Etiwanda Specific Plan EIR (SCH''#82061801, certified July 6, 1983) Rev. 5/24/06 D1—Pg58 _ _ Initial Study for SUBTT18210 City of Rancho Cucamonga Page 28 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Applicant's Signature: - c Date: G /Sz 72 Print Name and Title: Rev. 5/24/06 LW — 131.-Pg59 - RESOLUTION NO. 07-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT18210,. A REQUEST TO SUBDIVIDE 4.89 ACRES OF LAND INTO 7 LOTS FOR THE PURPOSE OF DEVELOPING SINGLE-FAMILY HOMES IN THE VERY LOW RESIDENTIAL DISTRICT (1-2 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF BANYAN STREET BETWEEN GREENWOOD PLACE AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 0225-171-04. A. Recitals 1. Mark Allison filed an application for the approval of Tentative Tract Map SUBTT18210, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 28th day of March 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred B. Resolution. NOW, THEREFORE, it is hereby found, determined,. and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing on March 28, 2007, 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 on the south side of Banyan Street between Greenwood Place and Etiwanda Avenue; and b. The subject property is within the Etiwanda Specific Plan and the Equestrian Overlay District. The site slopes from north to south and has two short sections of Eucalyptus windrows that run from east to west near the center of the lot and along the north property line of the site; and C. The project is .surrounded by single-family residential development to the south, east, and west. The lots to north of the site, across Banyan Street, are undeveloped single-family residential zoned lots; and d. The application is to subdivide approximately 4.89 acres of land into 7 lots consisting of the following square footages; and EXHIBIT ® 1 -_ D1—Pg60 PLANNING COMMISSION RE60LUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 2 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Average Lot Size 26,155 square feet 24,735 square feet 24,830 square feet 24,670 square feet 22,620 square feet 22,610 square feet 33,050 square feet 25,524 square feet e. The average lot size is 25,524 square feet which exceeds the 25,000 square foot average required in the Very Low Residential District of the Etiwanda Specific Plan; and f. Access to all lots will be from a new cul-de-sac off Banyan Street. The project includes the development of a local feeder trail at the rear of each lot. In addition, a Community Trail is proposed across the frontage of Lot 1 on the south side of Banyan Street. 3. Based upon the substantial evidence presented to this Commission during the above referenced public hearing and upon the specific findings of facts setforth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The tentative tract map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of- the tentative tract map is consistent with the General Plan, Development Code, and any applicable specific plans; and C. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract map is not likely to cause serious public health problems; and f. The design of the tentative tract map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would D1—Pg61 PLANNING COMMISSION REoOLUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 3 have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation . Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) All perimeter walls shall be decorative and have a uniform design which is compatible with those in the area. 2) Tree Removal Permit DRC2006-00765 is hereby approved forthe removal of 46 Eucalyptus trees. All Eucalyptus windrow trees identified for removal shall be replaced with 15-gallon Eucalyptus maculata (Spotted Gum) trees, 8 feet on center, as required by the City's Tree Preservation Ordinance and Etiwanda Specific Plan. 3) Because of Borer beetle infestation, all Eucalyptus tree wood shall be chipped,, removed, and buried at a dump site or tarped to the ground for a minimum of 6 months, sealing the tarp edges with soil, to prevent emerging Borer beetles from reinfesting other trees or wood. The movement of Eucalyptus wood containing live Borer beetles, or their larvae, in trucks or trailers is prohibited by State law pursuant to Public Resources Code 4714.5. 4) Improve a Community Trail within the parkway of Banyan Avenue per City standard 1003 (Front -On). D1-Pg62 t PLANNING COMMISSION RESOLUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 4 5) Provide a minimum 15-foot wide improved Local Feeder Equestrian Trail easement at the rear of each lot. 6) Create a drive approach adjacent to the west property line along Banyan Avenue in orderto provide a vehicle access pointto the private equestrian trail for the purpose of servicing the equestrian uses. 7) Any drainage structures shall be located outside of the Local Feeder Trail easements. 8) The proposed v-gutter along the west property line shall have a maximum depth of 6 inches in order to prevent injuries to equestrian users. 9) Provide a Feeder Trail 20 feet to 15 feet Transition Vehicle Gate, a City Standard "Unauthorized Vehicles Prohibited" sign, and a side step through for horse access per City standard 1006-B at the entrance of the private equestrian trail easement along Banyan Street. 10) Install minimum 10-foot wide decorative gates at the rear of each lot in order to provide access to the private equestrian trail easement. 11) The trail surface shall be decomposed granite with a minimum 4-inch base. Prior to installation of surface material, remove rocks and debris and grade surface smooth. Engineering Department 1) Banyan Street frontage improvements to be in accordance with City "Collector" standards and the Etiwanda Specific Plan including but not limited to the following: a) Install Community Trail improvements, street trees, and landscaping per City Standards and match the existing improvements and landscaping west of Greenwood Place. The 3-foot landscaping and irrigation area along the side yard of Lot 1 shall be privately maintained. Plans for these areas shall be reviewed and approved by the Planning Department with the exception of street trees. b) Protect the existing curb and gutter or repair as required. c) Provide 5800 Lumens HPSV street lights, access ramps, and street trees. d) Provide traffic signing and striping, as required. e) Provide R26(s) "No Stopping Anytime" signs. 2) Street "A" improvements to be in accordance with City "Local Street" standards as required and including: - D1—Pg63 PLANNING COMMISSION RESOLUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 5 a) Provide a.c. pavement, curb and gutter, sidewalk, street trees and drive approaches. b) Provide 5800 Lumens HPSV street lights. c) Provide traffic signing and striping, as required. d) The easterly parkway of Street "A" shall be rockscaped per City Standards. e) The sidewalk shall be extended up to the easterly portion of Lot 7. 3) The existing overhead utilities (telecommunications and electrical) on the project side of Banyan Street shall be undergrounded from the first pole off -site of the west project boundary to the first pole off -site of the east project boundary, prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing Banyan Street shall also be undergrounded. The developer may request a reimbursement agreement to recover one-half the City adopted costs for undergrounding from future development as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights for the developer to reimbursement shall be terminated. 4) An in -lieu fee as reimbursement for the previously constructed frontage improvements on Banyan Street (formerly Summit Avenue) shall be paid to the City prior to final map approval or prior to issuance of building permits, whichever comes first. The fee shall be in conformance with the approved Frontage Improvements Agreement SRA-26. The amount for APN 225-171-04 is $ 19,242.08 plus 10 percent interest per year from the approval of the agreement (March 20, 2002). 5) The Water Quality Management Plan (WQMP) submitted with the tentative tract map application has been reviewed and found to be substantially complete. Include the Best Management practices (BMPs) identified in the plan on the Grading Plans when submitted for technical plan check. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. D1—Pg64 PLANNING COMMISSION RESOLUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 6 2) Prior to the issuance of any Grading Permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low -emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed bythe South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high -volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on -site haul roads: • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after. the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. D1=Pg65 PLANNING COMMISSION RESOLUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 7 8) The construction contractor shall utilize electric or clean alternative fuel -powered equipment where feasible. 9) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shutoff equipmentwhen not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) The existing eucalyptus windrows shall be replaced by the future developers of the lots with Eucalyptus maculata (spotted gum) to meet the windrow planting requirement outlined in the Etiwanda Specific Plan. The new windrow plantings shall be generally guided by the established 330-foot by 660-foot grid pattern, and be planted in the required 5-foot streetscape landscape area along the south side of Banyan Street and along the south and west property lines. The trees shall be 15-gallon size, staked and irrigated and planted on center in a windrow pattern at a rate of one tree per 8 liner feet of property line. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate, measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using theirspecial qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects 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 D1—Pg66 PLANNING COMMISSION RESOLUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210— MARK ALLISON March 28, 2007 Page 8 within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified. paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth -disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation . in the summary report and transfer to an appropriate depository (i.e:, San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re -planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off -site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. D1—Pg67 __. PLANNING COMMISSION RESOLUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 9 Hydrology and Water 1) Prior to issuance of Grading Permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on -site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on -site and.off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on -site or off -site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Green Tree Environmental Management on August 1, 2006, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits. 7) Rooftop run-off shall be captured in the adjacent landscaped yard areas, which will then infiltrate the run off, thus decreasing the site run-off. 8) Prior to issuance of Building Permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan Dl=Pg68 - PLANNING COMMISSION RESOLUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 10 (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on -site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 9) Priorto issuance of Grading or Paving Permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction. Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (Le,, a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. . 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120, Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible in first phase. 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m, on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. - D1—Pg69- .. _. PLANNING COMMISSION RESOLUTION NO. 07-12 TENTATIVE TRACT MAP SUBTT18210 — MARK ALLISON March 28, 2007 Page 11 6. The Secretary to, this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MARCH 2O07. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Vice Chairman ATTEST: _ /�R, j�- Jam R. Troyer, AICP, Secreiky I, James R. Troyer, AICP, Secretary of the Planning Commission of the City,of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th day of March 2007, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MCPHAIL, MUNOZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART D1—Pg70 City of Rancho Cucamonga MITIGATION MONITORING l Project File No.: SUBTT18210 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration forthe above -listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 DI—Pg71 Mitigation Monitoring Program SUBTT18210 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will'be completed bythe project planneror responsible City department and a copy'provided to the appropriate design, construction, or operational personnel. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. D1—Pg72 MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART 111) Project File No.: SUBTT1 8210 Applicant: Mark Allison .Initial Study Prepared by: Mark Allison Date: August 31, 2006 mitigatlpn Measures No. Responsible Monitoring Timing of Method of Verif ie�d Sancti' If 0"' Implementing Action for Monitoring Frequency Verification Verification Date /I nliti Non-Complian' 64 All construction equipment shall be maintained in good PD C Review of plans A/C 2/4 operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. Prior to the issuance of any Grading Permits, the PD/BO C Review of plans C 2 developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low -emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the' South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. All paints and coatings shall meet or exceed PD C Review of plans A/C 214 performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high -volume, low-pressure spray. All asphalt shall meet or exceed performance standards BO B Review of plans A/C 2 noted in SCAQMD Rule 1108. All construction equipment shall comply with SCAQMD BO C Review of plans A/C 2/4 Rules 402 and 403. Additionally, contractors shall include the following provisions: 1 of 8 Implern6nting Action for Monitoring Frequency Verification Verification .. • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering. • Pave or apply gravel to any on -site haul roads. BO C Review of plans A/C 2/4 • Phase grading to prevent the susceptibility of large BO C Review of plans A/C 2/4 areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of BO C Review of plans A/C 2/4 exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in BO C Review of plans A 4 accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established BO C During A 4 by the City if silt is carried over to adjacent public construction thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. • Suspendgrading operations during high winds (i.e., BO C During A 4 wind speeds exceeding 25 mph) in accordance with construction SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4 haul trucks or cover payloads using tarps or other Construction suitable means. The site shall be treated with water or other BO C During A 4 soil -stabilizing agent (approved by SCAQMD and construction Regional Water Quality Control Board [RW QCB]) daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. Chemical soil -stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel -powered equipment where feasible. 2 of 8 Measures No. Responsible Monitoring Timing of MethodMitigation of Verified Sanctions Irnplemel nting Action for Monitoring Freguency Verification Verification .. The construction contractor shall ensure that BO C Review of plans A/C 2/4 construction -grading plans include a statement that work crews will shut off equipment when not in use. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate thermal pane windows and weather-stripping. Biological`Resources The existing eucalyptus windrows shall be replaced by CP B Review of Plans C 2 the future developers of the lots with Eucalyptus maculata (spotted gum) to meet the windrow planting requirement outlined in the Etiwanda Specific Plan. The new windrow plantings shall be generally guided by the established 330-foot by 660-toot grid pattern, and be planted in the required 5 foot streetscape landscape area along the south side of Banyan Street and along the south and west property lines. The trees shall be 15-gallon size, staked and irrigated and planted on center in a windrow pattern at a rate of one tree per 8 liner feet of property line. Cultural Resources 3 '' " If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated PD/BO C Review of report A/D 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. 3 of 8 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for [mpl,e,m elnting Action Jor Monitoring Frequency Verification Verif !cation .. • Consider establishing provisions to require PD/BO C Review of report A/D 3/4 incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the PD/BO C Review of report A/D 3/4 archaeological heritage of the area. • Propose mitigation measures and recommend PD/BO C Review of report A/D 3/4 conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. Prepare a technical resources management report, PD C Review of report A/D 3/4 documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent j archiving. If any paleontological resource (i.e. plant or animal PD B Review of report A/D 4 fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: . Assign a paleontological monitor, trained and PD B Review of report A/D 4 equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities. Miflgati6n Measures No. 'Responsible Monitoring Timing of Implementing Action for Monitoring 'Frequency Verific. ., - • Should fossils be found within an area being cleared BO ING Review of report A/D 4 or graded, divert earth -disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for PD D Review of report D 3 documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho PD D Review of report D 3 Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum dL Geology and Soils :'_ r C r ry; ti Y The site shall be treated with water or other BO C During A 4 soil -stabilizing agent (approved by SCAQMD and construction RWQCB) daily to reduce PMIO emissions, in accordance with SCAQMD Rule 403 or re -planted with drought resistant landscaping as soon as possible. Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PMIO construction emissions associated with vehicle tracking of soil off -site. Timing may vary depending upon the time of year of construction. Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PM10 emissions construction from the site during such episodes. ' Chemical soil -stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce-PM10 emissions. Hydrology and`Water.Qualify Prior to issuance of Grading Permits, the permit BO B/C/D Review of plans A/C 2/4 applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on -site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. An Erosion Control Plan shall be prepared, included in BO B/C/D Review of plans A/C 2/4 the Grading Plan, and implemented for the proposed project that identifies specific measures to control on -site and off -site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on -site or off -site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. During construction, temporary berms such as BO B/C/D Review of plans A/C 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. During construction, to remove pollutants, street BO B/C/D Review of plans A/C 2/4 cleaning will be performed prior to storm events and after the use of water trucks to c ontrol dust in order to prevent discharge of debris or sediment from the site. The developer shall implement the BMPs identified in CE B/C/D Review of plans A/C 2/4 the Water Quality Management Plan prepared by Green Tree Environmental Management on August 1, 2006, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. .M Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4 controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits. Rooftop run-off shall be captured in the adjacent PD B Review of plans C 2 landscaped yard areas, which will then infiltrate the run off, thus decreasing the site run-off. Prior to issuance of Building Permits, the applicant shall CE B/C/D Review of plans A/C 2/4 submit to the City Engineer for approval of a Water Quality Management Plan (W QMP), including a project description and identifying Best Management Practices (BMPs) that will be used on -site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. Prior to issuance of Grading or Paving Permits, BO B/C/D Review of plans A/C 2/4 applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise , w .. r Construction or grading shall not take place between the BO C During A 4 hours of 8:00 p.m. and 6:30 a.m, on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. 7 of 8 Construction or grading noise levels shall not exceed the BO C During A 4 standards specified in Development Code Section construction 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. The perimeter block wall shall be constructed as early PD C During A A as possible in the first phase. construction Haul truck deliveries shall not take place between the PO/BO C During A 417 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Key to Checklist Abbreviations Responsible Person"' '. -Monitbrmg Frequency' Meihod of`Verifi'cati6n Sanctions• CDD - Community Development Director or designee A - With Each New Development A - On -site Inspection 1 - Withhold Recordation of Final Map PD - Planning Director or designee B - Prior To Construction B - Other Agency Permit / Approval 2 - Withhold Grading or Building Permit CE - City Engineer or designee C -Throughout Construction C - Plan Check 3 - Withhold Certificate of Occupancy BO - Building Official or designee D - On Completion D - Separate Submittal (Reports/Studies/ Plans) 4 - Stop Work Order PO - Police Captain or designee E - Operating 5 - Retain Deposit or Bonds FC - Fire Chief or designee 6 - Revoke CUP 7 -Citation COMMUNITY DEVELOPMENT C'r ti DEPARTMENT PROJECT #: SUBTT18210 SUBJECT: 7 LOT TRACT MAP APPLICANT: MARK ALLISON LOCATION: SOUTH SIDE OF BANYAN STREET BETWEEN ETIWANDA AVENUE AND GREENWOOD PLACE 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 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 07-12, Standard Conditions, and all environmental mitigations shall be included on the plans'(full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50: b) Notice of Determination - $50: c) Negative Declaration - $ 1,850 X SC-1-05 d) Environmental Impact Report - $2,550: _ 1 I:\PLANNINGTINALTLNGCOM2007 Res & Stf Rpt\SUSTT18210StdCond 3-28.doc Completion Date - J_ J —/._/_ D1—Pg81 Comoletion Date B. Time Limits 1. This tentative tractmap shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include Site Plans and grading on file in the Planning Department, the conditions contained herein, Development Code regulations and the Etiwanda Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Revised site plans and all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.),or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 6. All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 7. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 8. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for Planning Director review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. a. Local Feeder Trails (i.e., private equestrian easements) shall, at a minimum, be fenced with two -rail, 4-inch lodgepole "peeler" logs to define both sides of the easement; however, developer may upgrade to an alternate fence material. b. Local Feeder Trail entrances shall also provide access for service vehicles, such as veterinarians or hay deliveries, including a 12-foot minimum drive approach. Entrance shall be gated provided that equestrian access is maintained through step-throughs.- . C. Local Feeder Trail grades shall not exceed 0.5% at the downstream end of a trail for a distance of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street. Drainage devices may be required by the Building Official d. Provide a 24-foot by 24-foot corral area in the rear yard. Grade access from corral to trail with a maximum slope of 5:1 and a minimum width of 10 feet. I:\PLANNING\FINAL\PLNGC0MM\2007 Res & Stf Rpt\SUBTT18210StdCond 3-28.doc D1=Pg82 Comoletion Date III 9. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for'Planning Director and City Engineer review and approved prior to the issuance of building permits. 10. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 11. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 12. Construct block walls between homes (i.e.,:along interior'side and rear property lines), rather than wood fencing for permanence, durability, and design consistency. 13. Access gates to the rear yards shall be constructed from a material more durable than wood gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 14. For residential development, return walls and corner side walls shall be decorative masonry. 15. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. The 5-foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees. Detailed landscape and irrigation plans shall be submitted for Planning Director review and approval prior to'issuance of building permits. The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. For single-family residential development, all slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. 11PLANNINGTPINALTPLNGCOMM12007 Res & Stf Rpt\SUBTT18210StdCond 3-28.doc . J-_ /- --D1—Pg83 Completion Date 5. Front yard and corner side yard landscaping and irrigation shall be required per the Development Code. 6. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 7. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Department. 8. New windrow planting of Eucalyptus Maculate (Spotted Gum) is required at a ratio of 50 linear feet per acre. The size, spacing, staking, and irrigation of these trees shall comply with the City's Tree Preservation Ordinance (RCMC 19.08.100). APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY, REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. F General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan;, d, Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., SUBTT18210) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. - Contractors must show proof of State and City licenses and Workers' Compensationcoverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. Site Development Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., SUBTT18210). The applicant shall comply with the latest adopted California Codes, and all other applicable rcodes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and LI I:\PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\SUBTT18210StdCond; 328.doc J— — —i—/ -D1—Pg84 Comnletion Date Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. G. .New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire -resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. H. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Dedication and Vehicular Access Rights -of -way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross -lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. I:\PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\SUBTT18210StdCcnd 3-28.doc —J—I. D1-Pg85 Comoletion Date 2. Dedication shall be made of the foIlowing rights -of -way on the perimeter streets (measured from street centerline): As needed total feet on Banyan Street 3. Corner property line cutoffs shall be dedicated per City Standards. 4. Private drainage easements for cross -lot drainage shall be provided and shall be delineated or noted on the final map. 5. All existing easements lying within future rights -of -way shall be quit -claimed or delineated on the final map. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Pursuant to City Council Resolution No. 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 3. Construct the following perimeter street improvements including, but not limited to: Street Name Curb & Gutter A.C. Pvmt Side- walk Drive Appr. Street Lights Street Trees Comm Trail Median Island Bike Trail Other Banyan Street X X X X X "A" Street X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard'114. (d) If so marked, an in -lieu of construction fee shall be provided for this item. 4. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, priorto final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. (:\PLANNING\FINAL\PLNGCOMM\2007 Res& Stf Rpt\SUBTT18210StdCond 3-28.doc - - D1—Pg86 - --J—/. C. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. Comoletion Date Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for'first plan check. 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 6. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Street Name Botanical Name Common Name Grow Space Spacing Size Gty. Banyan Street Lagerstroemia indica "Muskogee" Crape Myrtle Hybrid — Lavender 3' 20' O.C. 24" box "A" Street Select appropriate tree from the approved street tree list for Rancho Cucamonga Construction Notes for Street -I reeS: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. (:\PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\SUBTT18210StdCond 3-28.doc —/—/ —J--J- -/ /- -J_ _/- - D1—Pg87 Comnletion Date. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. K. Public Maintenance Areas A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District: Banyan Street. 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. L. Drainage and Flood Control A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. M. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects: 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. N. General Requirements and Approvals Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 2. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, priorto final map approval or prior to building permit issuance if no map is involved. I:\PLANNINGTINAL\PLN000MM12007 Res & Stf. Rpt\SUBTr1821oStdCond 3-28.doc —/ /_ —/—/ —/ / —/__J- -/—/- -/—i —/_J. Completion Date 3. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 9 11PLANNINGTINAL\PLNGCOMM\2007 Res & Stf Rpt\SUBTT18210StdCond 3.28.doc D1-Pg89 eoaR ;; Rancho Cucamonga Fire Protection District Fire Construction Services STANDAr�u i�ufvi�iTii�f�� September 6, 2006 Assets Rising, LLC S/S of Banyan W/O Etiwanda SUBTT18210 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in single-family residential projects is 500-feet. No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 200-feet. b. Fire hydrants are to be located.. The preferred locations for fire hydrants are: i) At the entrance(s) to a commercial, industrial or residential project from the public roadways. ii) At intersections. iii) On the right side of, the street, whenever practical and possible. iv) As required by the Fire Safety Division to meet operational needs of the Fire District. v) A minimum of forty -feet (40) from any building. FSC-2 Fire Flow 1. The required fire flow for this project will be calculated in gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix III -A, as adopted by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Firewater plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. D1=PgM 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. Chronological Suml of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 2 -D1—Pg91 City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: TENTATIVE TRACT MAP SUBTT18210 Public Review Period Closes: March 28, 2007 Project Name: Project Applicant: Mark Allison Project Location (also see attached map):' Located on the south side of Banyan Street and Etiwanda Avenue and Greenwood Place —APN: 0225-171-01. Project Description: A request to subdivide 4.89 acres into 7 lots for the purpose of developing single-family homes in the Very Low Residential zoning district. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted, the Mitigated Negative Declaration meansthat an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477- 2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. -- March 28, 2007 Date of Determination Adopted By D1—Pg92 RESOLUTION NO. 17-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A 1-YEAR TIME EXTENSION DRC2017-00028 FOR TENTATIVE TRACT 18210 FOR A PREVIOUSLY APPROVED 7 LOT TENTATIVE' TRACT MAP (SUBTT18210) ON 4.89 ACRES OF LAND IN THE VERY LOW (VL) DISTRICT (1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN ON THE SOUTH SIDE OF BANYAN STREET BETWEEN GREENWOOD PLACE AND LAUREL BLOSSOM PLACE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-171-04 A. Recitals 1. Andreasen Engineering, Inc, filed an application for the extension of the approval of Tentative Tract Map 18210, 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 March 28, 2007, this Commission adopted Resolution No. 07-12, thereby approving the application subject to specific conditions and time limits. 3. A State allowed extension (per SB 1185) extended the approval period 1-year to March 28, 2011. A State allowed extension (perAB 333) extended the approval period 2-years to March 28, 2013. A State allowed extension (perAB 208) extended the approval period 2-years to March 28, 2015. 6. A State allowed extension (per AB 116) extended the approval period 2-years to March 28, 2017; 7. On February 22, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 8. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above - referenced public hearing on February 22, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: D1—Pg93 PLANNING COMMISSION RESOLUTION NO. 17-13 TIME EXTENSION DRC2017-00028 — ANDREASEN ENGINEERING, INC. February 22, 2017 Page 2 a. The application applies to a 4.89 acre parcel of land located on the south side of Banyan Street between Greenwood Place and Laurel Blossom Place; and b. The subject property is within the Etiwanda Specific Plan and the Equestrian Overlay District. The site slopes from north to south and has two short sections of Eucalyptus windrows that run from east to west near the center of the lot and along the north property line of the site; and C. The project is surrounded by single-family residential development to the south, east, and west within the Very Low (VL) District (.1-2 Dwelling Units per Acre) of the Etiwanda Specific Plan. The lots to the north of the site, across Banyan Street, are undeveloped and within the Estate Residential (ER) District (.1-1 Dwelling Units per Acre) of the Etiwanda Specific Plan; and a. The subdivision of the project site conforms to all applicable development standards of the Etiwanda Specific Plan for the Very Low (VL) District; and b. This application is a request to extend the approval period of Tentative Parcel Map SUBTT18210 for one (1) additional year. The time extension is necessary for the applicant to prepare for the sale of the subject tentative tract map. The expiration date with approval of the subject time extension will be March 28, 2018. 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 Tract 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 7 parcels of land and is consistent with the Etiwanda Specific Plan; and b. The site is physically suitable for the type and density of the proposed subdivision. The surrounding parcels to the east, west and south are developed with single-family residences, the parcels to the north across Banyan Street are vacant and zoned for residential development; and 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 an existing parcel of land into 7 parcels that are of similar size and density to the surrounding parcels of land; and d. The proposed subdivision complies with each of the applicable provisions of the Etiwanda Specific Plan and the Development Code. The proposed subdivision meets all standards outlined in the Etiwanda Specific Plan and the Development Code and the design and development standards and policies of the Planning Commission and the City; and e. The extension is within the time limits established by State law and local ordinance. State law allows for one (1) year time extensions. D1—Pg94 PLANNING COMMISSION RESOLUTION NO. 17-13 TIME EXTENSION DRC2017-00028 —ANDREASEN ENGINEERING, INC. February 22, 2017 Page 3 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 adopted a Mitigated Negative Declaration on March 28, 2007 in connection with the City's approval of Tentative Tract Map SUBTT18210 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 Tentative Tract Map SUBTT18210, 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 previous Mitigated Negative Declaration. The application is for a one (1) year time extension of a previously approved tentative tract map with no proposed changes to the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, 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. 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 Tentative Tract Map SUBTT18210. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a time extension. The new expiration date for Tentative Tract Map SUBTT18210 is March 28, 2018. 6. All applicable Conditions of Approval in Resolution No. 07-12 and incorporated Standard Conditions in Resolution 07-12 for SUBTT18210 shall apply to Time Extension DRC2017-00028. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF FEBRUARY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA D1—Pg95 PLANNING COMMISSION RESOLUTION NO. 17-13 TIME EXTENSION DRC2017-00028 — ANDREASEN ENGINEERING, INC. February 22, 2017 Page 4 BY: Francisco Oaxaca, Chairman ATTEST: Candyce Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of February 2017, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D1—Pg96 REPORT DATE: February 22, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner INITIATED BY: Nikki Cavazos, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00466 - OAKMONT INDUSTRIAL GROUP - A request for site plan and architectural review of a 215,700 square foot warehouse building on three parcels totaling 9.5 acres located on the west side of Hickory Avenue approximately 300 feet south of Arrow Route in the General Industrial (GI) District - APN: 0229-171-01, 0229-181-03 and 0229-181-11. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends the Planning Commission take the following actions: • Adopt a Mitigated Negative Declaration for the project, and • Approve Design Review DRC2016-00466 through the adoption of the attached Resolution of Approval with Conditions. PROJECT AND SITE DESCRIPTION: B. Surrounding Land Use and Zoning: North - Vacant land and legal non -conforming residences; General Industrial (GI) South - Vacant land used for storage; General Industrial (GI) East - San Bernardino County Flood Control Channel; Floodway (FW) West - Industrial Uses including truck and trailer parking; General Industrial (GI) C. General Plan Designations: Project Site - General Industrial (GI) North - General Industrial (GI) South - General Industrial (GI) East - San Bernardino County West - General Industrial (GI) D. Site Characteristics: The project site is located on the west side of Hickory Avenue about 300 feet south of Arrow Route. It consists of three (3) parcels that, combined, are approximately 630 feet (east to west) and approximately 660 feet (north to south) with an area of about 413,853 square feet (9.5 acres). The frontage of one of the parcels (APN: 0229-171-01) along Hickory Avenue has no street improvements while the street D2—Pg1 PLANNING COMMISSION STAFF REPORT DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP FEBRUARY 22, 2017 Page 2 improvements along the frontages of the other two parcels (APNs: 0229-181-03 and -11) are limited to curb and gutter. There are some on -site, street -facing improvements along the overall street frontage of the project site including landscaping, several trees, and screen walls. There are no permanent buildings on the site; it is currently being used for truck and trailer parking, and storage of materials. The site is generally level with an elevation at the north and south sides of about 1,149 and 1,144 feet, respectively. The property is bound on the west by several parcels that are partially developed with small structures and are used for truck and truck trailer parking. To the east, on the other side of. Hickory Avenue, is a San Bernardino County Flood Control channel and beyond that are a variety of residential and industrial structures within unincorporated San Bernardino County. To the north are several parcels which are either vacant, or are developed with legal, non- conforming single-family residences or small industrial businesses. To the south is a mostly vacant parcel that has been used intermittently for outdoor storage. The zoning of the property and the properties surrounding the subject property to the north, west, and south is General Industrial (GI) District. The zoning of the properties to the east is Floodway (FW) and Community Industrial (IC) (San Bernardino County). ANALYSIS: A. General: The applicant, Oakmont Industrial Group, operating as Hickory Avenue Industrial Owner L.P., proposes to construct a one-story warehouse building of 215,700 square feet that will include two (2) office areas with a combined floor area of 10,000 square feet. No tenants have been specified at this time. The front, or primary, elevation of the building will be oriented towards Hickory Avenue. The office areas and entrances will be at the southeast and northeast corners of the building. The proposed building will be of concrete tilt -up construction painted with a palette of four colors. The building will be sandblasted at various locations. An additional primary material will be metal accents while a secondary material will be glass panels (glazing). Glazing is proposed at the office areas. Each fagade will also have panel reveal lines. Horizontal metal canopies are proposed above the two lower sets of windows near the office entrances on the east elevation facing Hickory Avenue and metal "eyebrow" canopies are proposed above the remaining glass areas. With the exception of the west elevation, all elevations will have a parapet that varies in height to create dimension and visual interest. Additional visual interest is provided at both office areas by a "wing" wall that extends beyond the wall plan at the northeast and southeast corners of the building. This wall is about 5 inches length and about 14 feet high. Two access points are proposed for the property along Hickory Avenue. Two 50-foot wide driveways are proposed at the northeast and southeast corners of the project site. Both driveways lead to the parking and loading areas. Each driveway also allows access to the parking at the rear of the property (west side) via 8-foot tall gates located approximately 150 feet from Hickory Avenue. The loading area, dock doors and trailer parking stalls will be located on the west side of the project site. This area will be screened from public view on Hickory Avenue by the proposed building. Two employee outdoor eating areas will be located at the northwest and southwest corners of the project site. As permitted by the Development Code, in lieu of a shade structure there D2—Pg2 PLANNING COMMISSION STAFF REPORT DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP FEBRUARY 22, 2017 Page 3 will be a large shade tree at each of the outdoor eating areas. Landscape coverage is 11 %; the minimum requirement is 10% for this Development District. Per Chapter 2, Figure LU-2 Land Use Plan of the General Plan, the maximum Floor Area Ratio (FAR) in the General Industrial land use category is 60 percent. As the proposed building will have a floor area of 215,700 square feet and the project site has an area of approximately 413,853 square feet, the calculated FAR for the project will be approximately 52.1 percent. B. Parking Calculations: Per Table 17.64.050-1 of the Development Code, the parking calculations for the proposed project, based on the proposed mix of office and warehouse floor areas in the building, are as follows: Floor Area Parking Number of Type of Use (Square Feet) Ratio Spaces Required Proposed Building (overall) 215,700 Warehousing 205,700 varies' 71 Office 10,000 1/250 40 Total Required/Total Provided 1111/1122 'For warehouse uses, the parking calculations are 1 space per 1,000 square feet for the first 20,000 square feet; 1 space per 2,000 square feet for the second 20,000 square feet; and 1 space per 4,000 square feet for additional floor area in excess of the first 40,000 square feet. 2The trailer parking requirement is calculated separately from the standard parking requirement and is based on a ratio of one stall per dock door. The number of trailer parking spaces that is required is 21 spaces and the number that is provided is 31 spaces. C. Design Review Committee: The proposed project was reviewed by the Design Review Committee (Wimberly, Macias, and Granger) on November 15, 2016, (Exhibit J). The Committee accepted the proposal, subject to some of the revisions recommended in the comments report prepared by Staff, and recommended approval. The applicant completed the required revisions which were verified by Staff. The Committee's standard conditions have been incorporated into the Resolution of Approval. D. Technical Review Committee: The proposed project was reviewed by the Technical Review Committee on November 15, 2016. The Committee accepted the proposal and recommended approval. The Committee's conditions have been incorporated into the Resolution of Approval. E. AB52 Tribal Consultation: In accordance with AB52, the Soboba Band of Luiseno Indians, the San Manuel Band of Mission Indians and the Torres Martinez Desert Cahuilla Indians were contacted on September 20, 2016 to determine their interest in engaging in consultation related to potential impact(s) to cultural resources as a result of the project. As of the date of this report, Staff has not received communication from the three tribes contacted. D2—Pg3 PLANNING COMMISSION STAFF REPORT DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP FEBRUARY 22, 2017 Page 4 F. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to, for example, Aesthetics, Air Quality, Biological Resources, Greenhouse Gas Emissions, Hazards and Waste Materials, Noise, Transportation/Traffic, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. FISCAL IMPACT: The construction of the building and the future tenant of the site will create employment positions and may create a demand for housing. Individuals working on the construction of the building and occupying the finished building will have a positive financial impact on the surrounding restaurant, retail and other commercial businesses. COUNCIL GOAL(S) ADDRESSED: Not applicable. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No correspondence has been received in response to these notices. EXHIBITS: Exhibit A - Location Map Exhibit B - Aerial Photo Exhibit C - Site Utilization Map Exhibit D - Site Plan Exhibit E - Conceptual Grading Plan Exhibit F - Floor Plan/Roof Plan Exhibit G - Building Sections Exhibit H - Building Elevations Exhibit I - Landscape Plan Exhibit J - Design Review Committee Action Comments (November 15, 2016) Exhibit K - Initial Study Parts I, II, and III Exhibit L - Proposed Mitigated Negative Declaration of Environmental Impacts Draft Resolution of Approval for Environmental Assessment and Design Review DRC2016-00466 CB:NC/Is D2—Pg4 O cvm 111 Si Base lme Rd II O C m�C ' TCRR:S VISTA. Cw,& St 6th St 4 � Empirn takes m Gotf Courzr a — y S C Location Map Design Review DRC2016-00466 N Saw. lme Rd pot-. c 173 I N I4 Z DOWNTOWN st Chur�A gt Miiler Ave -- 'J�toua 4 Ga•den, i > w 13 1�j D ' foothill BiV'd 3 q � 3 ' _ _can,Mart Neld 112 0 Anrnv Rtc L 3 O 6 44, Dr Ath St .-A&.454---- f 611 Sf A A y Bernardino Avc a' m Project Site Fu:r Ii.L ': pec+dway N •I San Bernardino Ave tt v t C d , L6d-Zd 31181HX3 , � ' �� -� , ,Y I CTT4-TT"el � 01:4-91-01 CIa9-it{-01 CTl4-a01-01 03i4_ 101-C3 ' 2EX STREET ,1 1 I � �• T/1 "1 o' If .h ` TIC piOLg9TE g d , �:yr a ;;; r: ' ; I to > .d L 21 �'� 'J •-' r �. v— T•,Y OAKMONT HICKORY WAREHOUSE Hickory Avenue, Rancho Cucamonga, CA 91739 S''°ERA I,BEFaOAKMONT WAREHOUSE ICKORY mm'm A ^ t= i!Qem •I '¢[E� o< HICKORY AVENUE 9som x 4 si1! - mf RANCHO CUCAMONGA, CA 91739� m y D DEVELOPED FOR- -� c' HICKORY AVENUE INDUSTRIAL OWNER, LP. l #j�'q` Y+,k C. � CIILWONLA — I 1 1�'•I 7' `"'s -c � r ,- ` s w , s +r . .Ly •� - ,1 ;� ��P I t � 1.� 'Ied +�.ns to � �a s �r �s SITE UTILEATION MAID ITT }a4-e u `y,.w ,,,wz n � J 1att ^ > e r tr> f +v� �- a a n� r � t I � I �a •' - +�,..r�.L jQj! l 'x t�`,.j y. •'Y+"s;c *,� _? Ij i h' �..'I Y m'} ttt+av — srwin'�r�K�-,..'c�:i..�t .tl-_-..-•,.*,,_�, =a 1 ' >xIC SGLLP 1 SITE UTILIZATION MAPFOR HUITf MZOLIARS ° � µ XICACRY AVENUE VIARENOYaE v.�.W,...... _ CITY OF ... CPO C..A...... %�$.....JT/.••ua.1 .n. L KEYNOTES GJAIA "-"""'•- - - ARCHITECTS e911 R..... cn l) . J . _ ... .... sole 200. a emm _ T. 049 474 1775 F, 949 H3 9133 IT - k.lPf I ,.... � • - ------•-----+— r — L 1 - • •...5 PROJECT CT TABULATIONS 2 } m a I CE CC ARE NFORM4TbN Q Z U 8 Q 1 _ • I ...• CC Y. I SIIE P1AI1 {EOB1D OR: S¢ a x of — 1 WE PLAN A CITY NOTES -. .. ..._.. -.. Design Review DRC2016-00466 � � xe { JJb I GPEEN NOTES � I I-m� � AERIAL MAP 4 xm,En SITE PLAN c� al I ,I` Y WRS{ii AYS3Jd3i F� St3aAd�?fiawl I A '• WI 3 k :3 J p i = OUT 0 I I I I I I I I I I I I 0 EXHI6IT F D2—Pg10 f mac'; I 7g.I I y _ gpt cSNMW erReeR W10 Iyc Jl a+n u.e.Na UNOEROROUNO INFILTRATION SYSTEM Imo. Naw sBRt�9res LEM. ._. . 4LCTON .Y. PA.1E0t F CNY1N [.N,TE.IA BECINN .] P 1FCiC •u BL aIB F(CTO F,.CTCH B.R(r€NANG...FONRRAIll 11`) l 7i� 7i� RIOCLEAN FILTER FOR CATCH EASIN y w _L...........a- GRAPHIC SCALE"' T 7Es GJAIA ARCHITECTS . ., a,„,-v>. •��` Bell fles..ce 0r'1ve, Sul. 200, home, CA 92618 T. 949 474 1775 F- 949 553 9133 eENEeAf1QJE5 QOOn IEGEee FLOOR PLAN .v 1 Design Review. ORC2016-00466 i oon PLAN 9r �� A2.1 0 0 0 0 0 e e a 0 p Il __rl ➢—d I EL -}-o- ➢ __D Q. D . Fe l d — �. -_. ✓�---«+� -�_ �y_ [1I 0- __D .__I��- "ice-_- -D� -➢ _lam =o- -_ o-�m ��_d a _� _ _ - L y Q�-Q� ram' _-.I ._ m "Q I �I !r __-- I-md:- OFF- -@= 1➢ 1} - 41 D_TEE _ D s_0- -I-D 0 0 0 0 0 0 e 0 0 19 E7 131 M 3] ROOF PLAN I ue 1 1 NEVS+GI4s GIAIA ARCHITECTS •^' ""�'•`^"^"'^""^' 3511 Research Drive, „ ,....._ suite zoo. Irvine, CA 94519 T, 949 474 1775 F. 949 553 9133 •..,...o..,......a.....rx q;t 3 a...,,..,.,,,,r....., Ct O y Y ¢ � U i z wtrO H� z¢ oz ZO >j o> 02 <' Waa GF+FPI, NGM YQ o� 0o ¢Q 2 jY 0 a..u.x...u.,..u.c 0jg: tJ 6 22 W U OS Design Review, DRC2016 00466 - l - ROOF Fun Y�...,A3.1 VL5d-Zd 0 lI13IHX3 e 90 mq OAKMONT HICKORY WAREHOUSE HICKORY AVENUE RANCHO CUCAMONGA, CA 91739 DEVELOPED FOR HICKORY AVENUE. INDUSTRIAL OWNER, L.P. W, H OAKMONT HICKORY WAREHOUSE HdM Avenue, Ramho Cucamonga, CA 91739 ft GJAIA A RC Hf T E C TS 0811 Reaeerc9 0,W, Sate 200, Vvme, CA 926% T•949 474 I779 F 949 393 9133 YLUW0 ... ZO o= a0 p _.. Y� Y g Qa uZ. O� ra PROJECT TEAM 9L6d-Za L' n ^ r f �P[i•:e am N P O= om wE R OAKMONT HICKORY WAREHOUSE HICKORY AVENUE RANCHO CUCAMONGA, CA 91739 DEVELOPED FOR - HICKORY AVENUE INDUSTRIAL OWNER. LP. M i Q N 1 LD CO 1 1 1 I + I N�IOTES .. I ...r q n•nu WEST ELEVATION 4 "' �,�r� GENERAL NOTES. a....1...ei..r.r CDLOP 9CN LEE /�TERIALS NORTH ELEVATION - PNMANY A SECONDARY MATERIALS GIAIA A RCN I T E C T S 8811 Research Drive, Suite 200, 9vine,. CA. 92618 A 949 474 1775 F, 949 553 9133 l S Design Review ]Ijq iG'ab + DRC2016-00466 EAST ELEVATION-m 2 I ENTRY PERSPECTIVE 6 SOUTH ELEVATION I-m 1 1 1 MvAmus KEY PLAN v`• 5 m X .m 19' U :sn,rcxn„a I p7: ucnilL��s 1 DEIGN KEY NOTES w ITrsucK I YARD <1 _,I �l :Pa , w. �f BREAK PATIO ENLARGEMENT - ^+ PROPOSED SUIMING , •2 \ �r •yxuy� "T�1 .cA'4m '—:�T��'t^�'�;'$�'"r'$Y-•t�"{" 3"',^,?,�.cY'�%e'�3'4�#^_ 'fib PLANTING LCGEND TREES 9VYROL :TREE IWIF OTY. WUcP S SMV9IMYE wU<OLS � � ..1W.wNq, u•h�r. � �i 4R W XD MV EMIRd9 YA]91Y1E . ay. rnn. urt4El'tIN4 PM-RmR_ a€nw,.n.,rey. HICKORY AVE ..u:..+n r... m...l«.r., CONCEPTUAL LANDSCAPE PLAN w. .• HICKORY AVENUE WAREHOUSE Ilickun, n, RR a - nonh �; Indusvml ( UwneL, I. I RANCHO CUCAMONGA. CA UAIE '1:I::uln L-1 - THE CITY OF RANCHO CUCAMONGA DESIGN REVIEW COMMITTEE ACTION AGENDA GONNA NOVEMBER 15, 2016 - 7:00 P.M. Rancho Cucamonga Civic Center Rains Room 10500 Civic Center Drive Rancho Cucamonga, California I. CALLToORDER Roll Call Regular Members: Ray Wimberly X Rich Macias X Candyce Burnett _ Donald Granger X Alternates: Lou Munoz Rich Fletcher Francisco Oaxaca Additional Staff Present: Nikki Cavazos, Assistant Planner and Tom Grahn, Associate Planner II II. PUBLIC COMMENT III This is the time and place for the general public to address the Committee. State law prohibits the Committee from addressing any issue not previously included on the Agenda. The Committee may receive testimony and set the matter for a subsequent meeting. Comments are limited to five minutes per individual. II 1II. PROJECT REVIEW ITEMS III The following items will be presented by the applicant and/or their representatives. Each presentation and resulting period of Committee comment is limited to 20 minutes. Following each presentation, the Committee will address major issues and make recommendations with respect to the project proposal The Design Review Committee acts as an advisory Committee to the Planning Commission. Their recommendations will be forwarded to the Planning Commission as applicable. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. 1 of 3 7.00pm None EXHIBIT J D2—Pg20 DESIGN REVIEW COMMITTEE Lk.' J ACTION AGENDA A1CI10 Ncn NOVEMBER 15, 2016 A. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016- 00466 — OAKMONT INDUSTRIAL GROUP — A request for site plan and architectural review of a 215,600 square foot warehouse building on three parcels totaling 9.5 acres located on the west side of Hickory Avenue and approximately 300 feet south of Arrow Route in the General Industrial (GI) District — APN: 0229-171-01, 0229-181-03 and 0229-181-11. Staff is preparing a Mitigated Negative Declaration for consideration at a future Planning Commission meeting. B. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2015- 00589 — GFR INVESTMENTS -A Design Reviewfor 10lots within the Low (L) Residential District of the Etiwanda Specific Plan on the east side of East Avenue, south of the 210-Freeway, located at 6563 East Avenue; APN: 0227-071-17. This application specifically pertains to the design review of the proposed garage for the Ernst Mueller House located at 6563 East Avenue. Related Files: Tentative Tract Map SUBTT19968 and Certificate of Appropriateness DRC2016-00180. The Planning Commission previously adopted a Mitigated Negative Declaration of environmental impacts on April 27, 2016 for the Design Review of the 10 lots. The California Environmental Quality Act (CEQA) provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. C. DESIGN REVIEW DRC2016-00724 - GRIFFIN RESIDENTIAL - A residential design review of 11 homes on vacant lots in two existing subdivisions in the Very Low (VL) Residential District of the Etiwanda Specific Plan, located on Rolling Pastures Place, west of East Avenue, and south of Wilson Avenue (SUBTT16113, Lot 5), and on Hunt Club Drive and Pinto Place, east of East Avenue, and south of Wilson Avenue (SUBTT16114, Lots 7-16); APNs: 0225-012-07, thru -16 and 0225-811-05. The Planning Commission previously adopted a Mitigated Negative Declaration of environmental impacts on June 27, 2001 for SUBTT16113 and on April 26, 2006 for SUBTT16114. The California Environmental Quality Act (CEQA) provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects with the scope of a previous Negative Declaration. 2 of 3 A DRC2016-00466 Committee recommended approval and forwarded project to PC. B. DRC2015-00589 Committee recommended approval. C. DRC2016-00724 Committee recommended approval and forwarded project to PC. D2—Pg21 r��, DESIGN REVIEW COMMITTEE ACTION AGENDA "oNA NOVEMBER 15, 2016 11 IV. ADJOURNMENT III The Design Review Committee has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Committee. 1, Lois Schrader, Planning Commission Secretary for the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 3, 2016, at least 72 hours prior to the meeting per Government Code Section 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, 3of3 7:42 p.m. D2—Pg22 ENVIRONMENTAL r INFORMATION FORM (Part I - Initial Study) RANCHO (Ploase type orprint clearly using Ink. Use the tab key to move from one line to the next Ilne.) CUCAMONGA Planning Dopartment . (909) 477.2750 The: purpose of this form.is to, inform the City, of the basic components of -the proposed projectso thatthe City may review the.project pursuantto City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and' .the City's, Rules and Procedures to Implement CEQA.. It is important that the information requested- in this application be'provided in full Upon review of the completed Initial. Study. Part I and. the. development application, add itional'1nforniation such as, but hot!limited to,•traffic, noise; biological, drainages and i geological reports may be required. The project app. icationwill,not.be deemed complete. unless the identified special studies/reports are;siibmitted'for review•and'•accepted as complete and -adequate. The project application will not be scheduled for'Committees' review unless' all required report's are submitted and deemed complete for staff to prepare the Initial SiUdy':Patt If. as required by'CEQA. In -addition to. .the filing; fee,, the applicant will be responsible: to pay or reimburse the City; its agents, officers, and/or consultants. for all costs. for the preparation, review_, analysis;, recommendations, mitigations, etc., of any special studies or reports., INCOMPLETEAPPLICATIONS WILL NOTBE PROCESSED. Please note thatil is the responsibility of the applicant to ensure that the application Is complete at the time of submittal; City staff will not be available to perform work required to provide missing information. Application Numberfor the project to which this1form perfalns: Project Title: Oakmont Hickory Warehouse Name & Address ofproject owner(s): Norther Lot, APN 0229-171-01 -Griffith Company, a California Corporation 3050 E. Birch Street, Brea, CA 92821 - Contact:Gordon Csutak Southern Lot, APN 0229-181-03 and 0229-181-11 - J.J.J.E. — 201.4, LLC, a California Limited Liability Company 8889 Etiwanda Avenue, Rancho Cucamonga, CA 91739 - Contact: Jerry Lin Name & Address of developer orprcject sponsor: CRP Oakmont Hickory, LLC 3520 Piedmont Road, Suite 100 Atlanta, GA 30305 Contact: John Atwell Page t.of 10 EXHIBIT K Contact Person &Address: CRP 0., ,,.ont Hickory, LLC 3520 Piedmont Road, Suite 1,00, Atlanta, GA 30305 Contact: John Atwell, 775-250-1495 Name & Address of person preparing this form (if different from above): GAA Architects, Roger Deitos 8611 Research Drive, Suite 200 Irvine, CA 92618 • Telephone Number. 949-474-1775, ext. 237 Information indicated by an asterisk () is not required of non -construction CUP's unless otherwise requested by staff. '1) Provide a full scale (8-112 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west; views Into and from the site from the primary access points that serve thesite; and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): 8570, 8604, and 8628 Hickory Avenue 4) Assessor's Parcel Numbers (attach additional sheet If necessary): 0229-171-01, 0229-181-03, and 0229-181-11: 05) Gross Site Area (ac/sq, ft.): 9.73 Acres / 423,712 sf '6) Net Site Area (total site. size minus area of public streets & proposed 9.50 Acres / 413,853 sf dedications): 7) Desodbe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet.if necessary): There's no general plan amendment or zone change that will impact project. Updated 411 U2013 Page 2 of 10 B) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: Grading Permit, Building and Safety Permit, Lot Merger, Certificate of Occupancy, Industrial Waste Discharge Permit, Water and Sewer Connection Permit. 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature frees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, cite all sources of information (i.e., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): Site slopes from the north to the south by approximately 10'. Site is currently used for truck, truck trailer parking, and material storage. No landscaping is planted on site with exception of six (6) street trees that will be removed. One existing one-story structure and temporary trailers are located on northern parcel. No structures are located on the southern parcel. Refer to attached site photos for existing site conditions. Updated 4/1112013 Page 3 of 10 10) Describe the known cultural anwo, „;storical aspects of the site. Cite all sources of itummalion (books, published reports . and oral history): . No cultural or historical aspect to site. r 11) Describe any noise sources and theirlevels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: None. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s) if necessary: Proposed construction of one (1) concrete tilt -up speculative warehouse building totaling approximately . 215,600 sf on a 9.5 net acre site. Proposed office areas will be located on the northeast and southeast corners of the building facing Hickory Avenue. Double loaded parking is provided along street edge with truck service yard located along the western side of the property with access gates on the northern and southern access lanes. Service yard will be enclosed with W high concrete screen walls. 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type ofland use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.) and scale of development (height, frontage, setback, rear yard, etc.): Surrounding properties are within the GI - General Industrial zoning: Project sites to the north are smaller parcels with free standing one-story structures. Sites to the west are Utilized as truck and truck trailer storage. Project site to the south is vacant and to the east is the San Bernardino County Flood Control and city jurisdiction line with Fontana. Updated 411112013 Page 4 of 10 14) Will the proposed project chans_ ...j pattern, scale, or character of the surrounding general area of the project? No impact to surrounding areas with proposed development. 15) Indicate the type of short-term and long-term noise to be generated, including source•and amount. Now will these noise levels affect adjacent properties and on -site uses? What methods of soundproofing are proposed? No significant noise impacts are associated with proposed development and site plan configuration. '16) Indicate proposed removals and/or replacements of mature or scenic trees: Existing project site is utilized as a storage yard and no trees are planted on site with exception of six (6) existing canary island pines trees of varying tree diameters and canopies along the street frontage. These existing trees to be removed and will be replaced with approved street trees along the street frontage. 17) Indicate any bodies of water (including domestic water supplies) Into which the site drains:. No bodies of water associated with site, not applicable. 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at (909) 987-2591. a. Residential (gal/day) b. Commerciab/nd. (gal/day/ac) 2.020 19) Indicate proposed method of sewage disposal. Peak use (gal/Day) Peak use (gaUmin/ac) Unknown [I Septic Tank 0 Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected dailysewage generation: (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at (909) 987-2591. a. Residential (gal(day) b. Commerclal/Industriai (gal/day/ac) Updated 411 V2013 Page 5 of 10 RESIDENTIAL PROJECTS: 20) Number o1 residential units: Detached (indicate range of parcel sizes, minimum lot size and maximum /of size: Atfached (indicate whether units are rental or for sale units): 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent (permonth) $ to $ 22) Specify number of bedrooms by unit type., 23) Indicate anticipated household size by unit type: 24) Indicate the expected number of schoolchildren who will be residing within the project: Contact the appropriate School Districts as shown in Attachment 8: a. Elementary., b. Junior High: c. Senior High COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional uses., Industrial uses are expected to be Warehouse/Distribution operations dependent on trucks for deliveries. Updated 4/1112013 Page 6 of 10 26) Total floor area of commercial, in ...4a1, or institutional uses by type: Office Use-10,000 sf Warehouse Use - 205,600 sf = 215,600 sf 27) Indicate hours of operation: 24 hours/Day and 7 days/Week 28) Number of employees: Total., Proposed warehouse is speculative and number of Maximum Shift: employees and work shifts are unknown at this time. Time of Maximum Shift: 29) Provide breakdown of anticipatedjob classifications, including wage and salary ranges, as well as an Indication of the rate of hire for each classification (attach additional sheet f necessary): Proposed warehouse is speculative and job classifications are unknown at this time. 30) Estimation of the number of workers to be hired that currently reside in the City: Unknown at this time. '31) For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at (818) 572-6283): ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so, please indicate their response. Water - Yes, refer to attached Will Serve Letter. Sewer - Yes, refer to attached Will Serve Letter Fire - Will send letter requesting service SCE - Will send letter requesting service Updated 4111/2013 Page 7 of 10 -- - - - -- — D2 7Pg29------ — — -- 33) In the known history of this prop.;,y, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCBs; radioactive substances; pesticides and herbicides fuels, oils, solvents, and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as (he dates of use, it known. There is no known history of any discharge of hazardous or toxic materials on site. 34) Will the proposed project involve the temporary orlong-term use, storage, or discharge of hazardous and/ortoxicmaterials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. The material use is unknown at present for proposed development. 35) The applicant shall be required to pay any applicable Fish and Game fee. 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 CommissionlPlanriing Director hearing: 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best ofmyability, that the facts, statements, and information presented are true and correct tot he best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: 5-25-16 Updated 4/1112013 Signature: Title: John Atwell, Senior Vice President Page 8 of 10 DJ--2g3n ATTACHMENT "A" CITY OF RANCHO CUCAMONGA ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water Usage Single -Family Multi -Family Neighborhood Commercial General Commercial Office Professional Institutional/Government Industrial Park Large General Industrial Heavy Industrial (distribution) Sewer Flows Single -Family Multi -Family General Commercial Office Professional Industrial Park Large General Industrial Heavy Industrial (distribution) 705 gallons per EDU per day 256 gallons per EDU per day 1000 gal/day/unit (tenant) 4082 gal/day/unit (tenant) 973 gal/day/unit ,(tenant) 6412 gal/day/unit (tenant) 1750 gal/day/unit (tenant). 2020 gal/day/unit (tenant) 1863 gal/day/unit (tenant) 270 gallons per EDU per day 190 gallons. per EDU per day 1900 gal/day/acre 1900 gal/day/acre Institutional/Government 3000 gallday/acre 2020 gal/day/acre 1863 gal/day/acre Source: Cucamonga Valley Water District Engineering & Water Resources Departments, Urban Water Management Plan 2000 Updated 4111/2013 Page 9 of 10 D2—Pg31 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909)989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909)987-8942 Etiwanda 6061 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909) 988-8511 Updated 4/11/2013 Pago 10 of 10 GUASTI QU RANGLE CALIFC....IA a� 5 MINUTE SERIES (TOPOGRAPHIC) foil l 'E +':NrAQIo •yi,LbPASOLE 2150 Qc,1 EE 115). 11 v 3 1 ' bOU� TNk R i i 1 PAGF/ • �L• .I. 11 Ef 1 1 1 . WOE I!.tiwxnda f <? e• I 8 i j �I 'It ER a. 6:.e..fF*TANA F / CORP • •D q • ,1 %b_ i 220000 aa1 radv ! �EEI ISI i C •Pad q . A._ L . < l woo t RQurE 9 :fib• . t:... ..i ' __. 3173 :a gig ANTA •fE .�•_..L.. - ,ter -I - 0 ...�...-. l i AD r [. UPPER -,� .et,f, � �F. _ ® ®• l , �. �,Y�1j .. ``• • S EEL PLANT L07 71 u INS . I/ II •1PJ1 M�' o .5• aw qWell < !' Tanw O T - PNAM. ' r :e•'•eaime �. / ,a as •x• n.r•L tart 5 O R� It. 0 1 \ S4j I!! • I n• I n � 0�^r `I W D2-Pg33 City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: Design Review DRC2016-00466 2. Related Files: None. 3. Description of Project: A review of a proposal to construct one (1) concrete tilt -up warehouse building totaling approximately 215,600 square feel on a property comprised of three (3) parcels with a combined area of 413,853 square feet (9.5 acres) which is currently developed with small temporary structures, partially paved and used as a storage yard in the General Industrial (GI) District located along Hickory Avenue, south of Arrow Route; APNs: 0229-171-01, 0229-181-03, and 0229-181-11. 4. Project Sponsor Name and Address: John Atwell Oakmont Industrial Group 3520 Piedmont Road, Suite 100 Atlanta, Georgia 30305 5. General Plan Designation: General Industrial 6. Zoning: General Industrial (GI) District 7. Surrounding Land Uses and Setting: The project site is located on the west side of Hickory Avenue about 300 feet south of Arrow Route. The project site consists of three (3) parcels, and when combined, are approximately 630 feel (east to west) and approximately 665 feet (north to south) with an area of about 413.853 square feel (9.5 acres). The frontage of one of the parcels (APN: 0229-171-01) along Hickory Avenue has no street improvements while the street Improvements along the frontages of the other two parcels (APNs: 0229-181-03 and -11) are limited to curb and gutter. There are some on -site, street -facing improvements along the overall street frontage of the project site including landscaping, several trees, and screen walls. There are no permanent buildings on the site; it Is currently being used for truck and trailer parking, and storage of construction materials. The site is generally level with an elevation at the north and south sides of about 1,149 and 1,144 feet, respectively. The property is bound on the west by several parcels that are partially developed with small structures and are used for truck and truck trailer parking. To the east, on the other side of Hickory Avenue, is a San Bernardino County Flood Control channel and beyond that are a variety of residential and industrial structures within unincorporated San Bernardino County. To the north are several parcels which are either vacant, or are developed with legal, non -conforming single-family residences or small industrial businesses. To the south is a mostly vacant parcel that has been used intermittently for outdoor storage. The zoning of the property and the properties surrounding the subject property to the north, west, and south is General Industrial (GI) District. The zoning of the properties to the east is Floodway (FW) and Community Industrial (IC) (San Bernardino County). 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive D2—Pg34 Initial Study for DESIGN REVIEW DRC2016-00466 Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Nikki Cavazos, Assistant Planer (909) 477-2750, extension 4311 10, Other agencies whose approval is required: None. GLOSSARY —The following abbreviations are used in this report: CALEEMOD — California Emissions Estimator Model CVWD—Cucamonga Valley Water District EIR— Environmental Impact Report FEIR— Final Environmental Impact Report FPEIR - Final Program Environmental Impact Report NPDES — National Pollutant Discharge Elimination System NOx — Nitrogen Oxides ROG — Reactive Organic Gases PM10 — Fine Particulate Matter RWQCB — Regional Water Quality Control Board SCAQMD — South Coast Air Quality Management District SWPPP — Storm Water Pollution Prevention Plan ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED City of Rancho Cucamonga Page 2 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," 'Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than -Significant -impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Greenhouse Gas Emissions Land Use & Planning Population & Housing Transportation/Traffic Ll� ��:�r§lip t��[itlJl (✓) Agricultural Resources (✓) Cultural Resources ( ✓) Hazards & Waste Materials ( ) Mineral Resources ( ) Public Services ( ) Utilities & Service Systems On the basis of this initial evaluation: (✓) Air Quality (✓) Geology & Soils (✓) Hydrology & Water Quality (✓) Noise ( ) Recreation (✓) Mandatory Findings of Significance () I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (✓) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. () I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (j I find that the proposed project MAY have a "Potentially Significant Impact' or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant.to applicable legal standard and 2) has been Rev 3-1-16 D2—Pg35 Initial Study for Design Review DRC2016700466 City of Rancho Cucamonga Page 3 addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. () I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applidable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing,fyrther is required. Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 EVALUATION OF ENVIRONMENTAL IMPACTS City of Rancho Cucamonga Page 4 1. AESTHETICS. Would the project: a). Have a substantial adverse effect on a scenic vista? () () () (✓) b) Substantially damage scenic resources, including, but O O O (✓), not limited to, trees; rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or () () () (✓) quality of the site and its surroundings? d) Create a new source of substantial light or .glare, () (}' (✓)M which would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Figure LU-6. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. c) The proposed project is a one story warehouse building of 215,600 square feel including two, (2) office areas with a combined floor area of 10,000 square feet. The front, or primary, elevation of the building will be oriented towards Hickory Avenue. The office areas and entrances will be at'the southeast and northeast corners of the building. There are no permanent buildings on the site; it is currently being used for truck and trailer parking, and storage of materials. The propertyis bound on the west by several parcels that are partially developed with small structures and are used for truck and truck trailer parking. To the east, on the other side of the Hickory Avenue, is a San Bernardino County Flood Control channel and beyond that are a variety•of residential and Industrial structures within unincorporated San Bernardino County. To the north are several parcels .which are either vacant, or are developed with legal, non -conforming single-family residences or small industrial businesses. To the,south'is a mostly vacant parcel that has been used intermittently for outdoor storage. The proposed project Is similar in scale and massing as the surrounding industrial developments and the visual quality of the area will not be degraded as a result of -this project. Design review is required prior to approval. City standards require the developer to underground existing .and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that require shielding; diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. Rev. 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 5 2. AGRICULTURAL RESOURCES. Would the project. a) Convert Prime Farmland, Unique Farmland, or O O (✓) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and' Monitoring .Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a () () () (✓) Williamson Act contract? c) Conflict with existing zoning for, or cause re -zoning of, () () () (✓ ) forest 'land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or .timberland zoned Timberland Production (as defined by Government Code Section 51104 (g))? d) Result in the loss of forest land or conversion of forest () () () (✓) land to non -forest use? e) Involve other changes in the existing environment, () () () (✓} which, due to their location or nature, could result in conversion of Farmland, to rion-agricultural use or conversion of forest land to non -forest use? Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The project site is located on the west side of Hickory Avenue about 300 feet south of Arrow Route. It consists of three (3). parcels that when combined are approximately 630 feet (east to west) and approximately 665 feet (north to south) with an area of -about 413,853 square feet (9.5 acres). The proposed project is a one story warehouse building of 215;600 square feet Including two (2).office areas with a combined floor area of 10,000 square feet. There are no permanent buildings on the site; it is currently being used for truck and trailer parking, and storage of materials. There .are approximately 209 acres of Farmland of Local Importance, Prime Farmland, Unique Farmland, or Farmland of .Statewide Importance within the City of Rancho Cucamonga according to the General Plan and the California, Department of Conservation Farmland Map 2010. Concentrations of Important Farmland are sparsely located In the southern and.easternlparts of the City that is characterized by existing. and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmland parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the .FPEIR was prepared and impacts evaluated. b) C) Rev 3-1-16 There is no agridulturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. Therefore, no adverse impacts are anticipated. There are no lands within the City of Rancho Cucamonga that are zoned as foresttand or timberland. Therefore no impacts would occur related to the conversion of forest land to non -forest use. Further, there are no areas within the City of Rancho Cucamonga that are Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 6 zoned as forest land, timberland, or Timberland Production. Therefore, no adverse impacts are anticipated. d) There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Therefore no impacts would occur related to the loss or conversion of forest land to non -forest use. Furthermore, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. Therefore, no adverse Impacts are anticipated. e) The site is located on the west side of Hickory Avenue about 360 feet south of Arrow Route and is characterized by the legal, non -conforming residences and small industrial businesses to the north, the vacant parcel used for outdoor storage to the south, the San Bernardino County Flood Control channel to the east and partially developed properties used for truck trailer parking to the west, Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, there is no potential for conversion of forest land to a non -forest use. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the () () () (✓) applicable air quality plan? b) Violate any air quality standard or contribute () (✓) () ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net Increase of (j (✓) () ( ) any criteria pollutant for which the project region is non -attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () () (✓) ( ) concentrations? e) Create objectionable odors affecting a substantial () () () (✓) number of people? Comments: a) As discussed in subsection b, the project would not exceed any air quality standards and would not interfere with the region's ability to comply with Federal and State air quality standards for Criterion 1 Increase in the Frequency or Severity of Violations (local air quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the 2003 AQMP). Therefore the project is consistent with the 2003 AQMP. b) Both the State of California and the Federal government have established health -based ambient air quality standards (AAQS) for seven air pollutants. These pollutants include ozone (03), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), coarse particulate matter with a diameter or 10 microns or less (PMio), fine particulate matter less than 2.5 (PM2s) microns in diameter and lead. Among these pollutants, ozone and particulate matter (PMio and PM2.$) are considered regional pollutants while the others have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (1-12S), vinyl chloride and visibility reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 Rev 3-1-16 City of Rancho Cucamonga Page 7 The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at .an intersection, a mall' and on highways. SCAQMD also regulates stationary sources of pollution within a jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air cohtaminants, holding them relatively near the ground. Pursuant to the Federal Clean Air Act (FCAA) of 1970, the EPA established national ambient air quality standards (NAAQS) for six major pollutants, termed criteria pollutants: ozone (03), coarse particulate matter with a diameter or 10 microns or less (PM:o), fine particulate matter less than 2.5 (PM2.e) microns in diameter, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead. Criteria pollutants are defined as those pollutants for which the Federal and State governments have established AAQS, or criteria, for outdoor concentrations in order to protect public health. Data collected at permanent monitoring stations are used by.the EPA to, classify regions as "attainment" or "non -attainment" depending on whether the regions met the requirements, stated in the primary NAAQS. Nonattainment areas have additional restrictions as required by the EPA. The EPA has designated the Southern California Association of Governments (SCAG) as the Metropolitan Planning Organization (MPO) responsible for ensuring the Basin's compliance with the FCAA., The South Coast Air Basin is in Non -Attainment Status for Ozone, PM10 and PM2:5. Specific criteria for determining whether the potential air quality impacts -of a project -are significant are set forth In the SCAQMD's CEQA Air Quality Handbook. The -criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an Air Quality Impact Analysis (May 9, 2016) was• prepared by MIG that utilizes CaIEEMod (Version 2013.2.2) to evaluate short-term construction emissions and short-term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. Short Term (Construction): Project Emissions and Impacts The project proposes to construct a 215.600 square foot warehouse building on three .parcels totaling 9.5 acres in the General Industrial (GI) District. The project site is not developed and the property is currently used for truck and trailer parking, and storage of materials. The potential emissions associated with construction of the project are described in the following sections. Summary of Peak Construction Emissions (Emissions Summary of Overall Construction with Best Available Control Measures) Maximum Mitigated Daily Construction Eirjisslons Ibslda Sourci _ 7`IRGG , 'Nt)z=°;`CUt.:`.SO* `:Nt Summ r.1 61.13 1 51.84 1 40.45 1 0.07. 1, 10.00 1 6A D2—Pg40 Initial Study for DESIGN REVIEW DRC2016-00466 Rev 3-1-16 City -of Rancho Cucamonga Page 8 Winter 1 61.13 1 51.85. 1 40.37 1 0.06 1 10.00 1 6.46 Threshold 1 75 1 100 1 550 1 150 1 150 155 Potentially Sdbstantialy No No NoTi No No Construction activities associated with the project will result in emissions of CO, VOCs, NO,, SOx, Mo and PM2.e and are expected' from the following construction activities: demolition, .grading (including soil import), building construction, painting (architectural coatings) paving (curb, gutter, flatwork, and parking lot), and construction worker commuting. Localized Significance T.hrdshold Analvsis flhsldavl Phase. ` `", .w .00:1> ; , NQz.. , iPMio ..: .r ;PM?'sy,_,. •: Demolition Building 8.57 10.46 0.84 0.71 Demolition Paving 33.89 42.70 2.63 2.06 Site Preparation 39.40 51.75 9.80 6.41 Grading 25.38 ' 35.98 4M 3.19 Building Construction 18.13 26.41 1:78 1.67 Paving 14A9 17.16 0.94 0.86 Architectural Coating 1.85 2.01 0.1'5 0.15 Threshold" 1,704.1 216.8 11.4 7.1 Potential) Substantial? No No No No Equipment Exhausts and Related Construction Activities Construction activities produce combustion emissions from various sources 'such as site grading, utility engines, on -site ,heavy-duty construction vehicles, asphalt paving, and motor vehicles transporting the construction crew. Exhaust emissions from construction activities envisioned, on site Would vary daily as construction activity levels change. The use of construction equipment on site would result in localized exhaust emissions; however, as shown in the tables above, the amount will not exceed any threshold of significance. Fugitive Dust Fugitive dust emissions are generally emissions associated with land clearing and exposure of soils to the air and wind, and cut=and-fill grading operations. Dust generated during construction varies substantially on a project -by project basis, depending on the level bf activity, the specific operation and weather conditions at the time of construction. Construction emissions can vary greatly depending on the level of activity, the speck operations taking place, the equipment being operated, local soils, weather conditions and other factors. The proposed.project will be required to comply with SCAQMD Rules 402 and 403 to control fugitive dust. Arch itectural'Coat in gs Architectural coatings contain VOCs that are similar .to ROCS and are part of the Oa precursors. Based on the proposed. project, it is estimated that the proposed project will Initial Study for DESIGN REVIEW DRC2016-00466 Rev 3-1-16 City of Rancho Cucamonga Page 9 result in a maximum of approximately 61.13 Ibs of VOC per day (combined for all construction sources) during construction. Therefore, this VOC emission is the principal air emission and Is less than the SCAQMD VOC threshold of 75 Ibslday, Odors Heavy-duty equipment in the project area during construction would emit odors. However, the construction activity would cease to occur after individual construction Is completed. No other sources of objectionable odors have been identified for the proposed project, and no mitigation measures are required. In compliance with SCAQMD Rule 402 the proposed uses are not anticipated to emit any objectionable odors. Therefore, objectionable odors posing a health risk to potential on -site and existing off -site uses would not occur as a result of the proposed project. Naturally Occurring Asbestos The proposed project is located in San Bernardino County and it is not among the counties that are found to have serpentine and ultramafic rock in their soils. In addition, .there has been no serpentine or ultramafic rock found in the project area. Therefore, the potential risk for naturally occurring asbestos (NOA) during project construction Is small and less than significant. Based on the discussion above and with implementation of the following Best Available Control Measures (BACM)• identified in the Air Quality Impact Analysis (MIG, May 9, 2016)) as mitigation measures, short-term, construction impacts will be less -than - significant: 1) All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions. 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 4) Prior to issuance of building permits, the City Building Official shall verify that construction plans submitted by the project proponent reflect use of architectural coatings where the content of volatile organic compounds (VOC) does not exceed 50 gll for internal and exterior non-residential applications. This measure shall be verified through standard building inspections. The applicant shall bear the cost of implementing this mitigation. Cumulative Impacts: Short -Term Construction Emissions Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on -site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on -going D2—Pg42 Initial Study for DESIGN REVIEW DRC2016-00466 Rev 3-1-16 City of Rancho Cucamonga Page 10 industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. Nevertheless, fugitive dust and equipment emissions are required to be assessed. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.5 and PM10) would exceed SCAQMD thresholds for significance; therefore, they would all be cumulatively considerable if they cannot be mitigated on a project basis to a level less -than -significant. This city-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. ' With Implementation of the following best practices and mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize short-term air quality impacts, the project's contribution to cumulative impacts will be less -than -significant: 5) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 6) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that -low emission mobile construction equipment will be utilized, or that their use was Investigated and found to be infeasible for the project. Contractors shall also conform' to any construction measures Imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 7) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 8) The construction contractor shall ensure that construction -grading plans Include a statement that work crews will shut off equipment when not in use. 9) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 10) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall he applied either by hand or high -volume, low-pressure spray. ' 11) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall Include the following provisions: Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on -site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 11 • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind ,speeds exceeding 25mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 12) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCB)) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 13) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all Inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Project Long Term (Operational) Emissions and Impacts Long-term air pollutant emissions are those associated with stationary sources and mobile sources involving any project -related changes. The proposed project would result in a net increase in the amount of development in the area; therefore, the proposed project would result In net increases in both stationary and mobile source emissions. The stationary source emissions would come from additional natural gas consumption for on-slte buildings and electricity for the lighting in the buildings and at the parking area. As shown in the following tables, project Implementation will not exceed any significance thresholds. No long-term, operational Impacts will occur as a result of the project. Summary of Peak Operational Emissions Maximum Operational Daily Emissions Ibslda Source : RQG NOx CO, SO, Mo P(Q12 Summer Area Sources 9.90 0.00 I 0.00 0.00 0.00 Energy Demand 0.01 0.12 0.10 0.00 0.01 0.01 MoblleSources 1.92 20.05 25.16 0.10 5.28 1.67 Summer Total 11.83 20.17 25.30 0.10 5.29 1.68 IMrnter Area Sources 9.90 0.00 0.03 0.00 0.00 0.00 Energ Demand 0.01 0.12 0.10 0.00 0.01 0.01 Mobife Sources 2.00 20.79 27.07 0.10 5.28 1.67 WinterTofal 11.91 20.91 27.21 0.10 5.29 1.68 Threshold 55 55 550 150 150 55 Potentially Substantial? No No No No No No Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 12 Local Operations Criteria Pollutant Emission Levels at the Nearest Receptors Localized Siqnificance Thresholds for Onerations, Source c0 ,NOx PMI0 IDW5 Area 0.03 0.00 0.00 0.00 Natural Gas 0.10 0.12 0.01 0.01 On -Road Vehicle Emissions 1.26 1.00 0.25 0.08 Off -Road Equipment 4.80 5.74 0.44 0.41 Total 6.19 6.86 0.71 0.50 Threshold 2,193 270 4 2 Potentially Substantial? No I No No I No Thresholds based on SCAQMD Mass Rate LST Look-U Tables fora 5-acre site of a distance o(25 meters. Cumulative Impacts (Long Term/Operational Emissions) The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the potential impacts to air quality based on the future build out of the City. In the long-term, continued development would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, all developments would be cumulatively significant if they cannot be mitigated on a project basis to a less -than -significant level. This City-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPE(R. With implementation of the following mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize long-term, operational air quality impacts, the project's contribution to cumulative Impacts will be less -than -significant: 14) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 15) Provide preferential parking to high occupancy vehicles and shuttle services. 16) Schedule truck deliveries and pickups during off-peak hours. 17) Improve thermal integrity of the buildings and reduce thermal load with automated tirpe clocks or occupant sensors. 18) Landscape with native and(or drought -resistant species to reduce water consumption and to provide passive solar benefits. 19) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 20) Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 21) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 13 22) All industrial and commercial facilities shall designate preferential parking for vanpoois. 23) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrelink schedules in conspicuous areas. 24) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 25) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 26) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. c) As noted in the General Plan FEIR (Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FPEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. With implementation of mitigation measures listed in subsection b) above from the City's 2010 General Plan FPEIR, which are designed to minimize long-term, operational air quality impacts, cumulative impacts will be less -than -significant. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within '/< mile of the following sensitive receptors: residences located to the north of the of the project site along Arrow Route and to the east past the San Bernardino Flood channel. According to the Health Risk Assessment prepared by MIG in May of 2016, there are 215 residential properties located within a X mile of the project site. The average cancer risk based on the lifetime exposure scenario is 1.48E-06 (approximately 1.48 cases per million people). The.product of cancer risk and the estimated population is 0.0009. This does not exceed the SCAQMD threshold of 0.5 excess cancer cases. Under a worst -case scenario, the PMl calculated as cancer burden of 9.63 cases is located at the vacant property at the southwest corner of Arrow Route and Hickory Avenue, north of the project site. Under neither scenario would the cancer burden exceed the applicable threshold. The non - cancer hazard index of the project is 0.00182 which does not exceed the hazard index threshold of one promulgated by SCAQMD. During construction, there is the possibility of fugitive dust to be generated from grading, the site. The mitigation measures listed under subsection b above and the following mitigation measure will reduce any potential impact to less -than -significant levels. 27) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices, Rule 445 was adopted in March 2008 to reduce emissions of PM2.e Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 14 and precludes the installation of indoor or outdoor -wood burning devices (i.e. fireplaceslhearths) in new development on or after March 9, 2009. e) Construction odors (Short-term) !may include odors associated with equipment use including diesel exhaust or roofing, painting and paving. These odors are temporary and would dissipate rapidly. Operational odors (Long-term) are not typically associated with the type of use. Odors from the proposed industrial/warehouse use would most likely be from activities such as trash storage, however, these odors would be minimal and not considered to be significant. Therefore, no adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the,project: a) Have a substantial adverse effect, either directly or () (✓) () d) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional. plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat () () () (✓) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally () () (✓) () protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological' Interruption, or -other means? d) 'Interfere substantially with the movement of any native () () () (✓) resident or migratory fish or wildlife species or with, established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances () () () (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat, () () () (✓) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located on the west side of Hickory Avenue about 300 feet south of Arrow Route in the General Industrial (GI) District. It consists of three (3) parcels that when combined are approximately 630. feet (east to west) and approximately 665 feet (north to south) with an area of about 413,853 square feet (9.5 acres). The site has been previously disrupted during the previous use of truck and materials storage as well as annual discing for weed abatement. According to the General Plan Figure RC-4, and Section 4.4 of the General Plan FPEIR, the project.slte is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. Rev 3-1-16 D2—Pg47 Initial Study for DESIGN'REVIEW DRC2016-00466 Rev 3-1-16 City of Rancho Cucamonga Page 15 No special -status plant species are anticipated to occur on the Project Site; therefore, no impact will occur. No wildlife species listed by the State and/or federal government as endangered or threatened were identified during the biological field survey conducted on April 26, 2016. According to the Biological Resources Report by MIG (May 2016), the western mastiff bat (Eumops perotis californicus) and western yellow bat (Lasiurus xanthinus) have a low potential to forage on the project site. Suitable foraging habitat for these species occurs on the project site in the form of trees located along the concrete block wall separating APNs 0229-1.81-11 and 0229-181-02 from 0229-171-01 and the trees located along Hickory Avenue. Due to the local and regional abundance of available foraging habitat for these species, impacts will be less than significant. The trees on the Project Site could support suitable nesting habitat for other songbirds. Although no active nests were observed during the 2016'field survey, there is potential for ground, tree, and shrub -nesting birds to establish nests on the Project Site in the future. Mitigation Measures listed below are included to reduce impacts to migratory songbirds and other potentially sensitive biological resources to less than significant levels. Mitigation Measures 1) Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through hon-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging'independently and are capable of independent survival, If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 30o feet of non -raptor nests, and within 5;060 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until 'the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The 'survey shall Include a habitat assessment, survey and impact analysis. The Burrowing.Owl Survey shall follow the following protocol: Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and ,Novi -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre -construction survey shall be provided to CDFW and the City. If the pre -construction survey does not identify burrowing owls on the project site, then no further mitigation is required. ,If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualifiedbiologist in coordination with CDFW to avoid Impacting occupied burrows during.the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows D2— Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 16 . and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if. burrows are occupied by migratory or non -migratory resident burrowing owls during a pre -construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist In coordination with CDFW using the most current CDFW guidelines. During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the' nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume, b) The project site is located in an urban area with no natural communities. No.riparian habitat exists on -site, meaning the project will not have any impacts. c) No wetland habitat is present on -site. As a result, project implementation would have no impact on these resources. d) The City is primarily located in an urban area that does not contain large, contiguous natural open space areas. Wildlife potentially may move through the north/south trending tributaries in the northern portion of the City and within the Sphere of Influence. Therefore no adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) Neither the City nor the SOI are within an adopted HCP, NCCP, or other approved State Habitat Conservation Plan area. The project site is not located within a local conservation area according to the General Plan, Open Space and Conservation Plan, Figure RC-1. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES, Would the project., a) Cause a substantial adverse change in the () () () (✓) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the () (✓) (} ( ) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological O (✓) O' O resource or site or unique geologic feature? d) Disturb any human remains, including those interred () (✓) () () outside of formal cemeteries? e) Directly or indirectly affect a Native American tribal () () () (✓) cultural resource: Rev 3-1-16 D2—Pg49 Initial Study for DESIGN REVIEW DRC2016-00466 Comments: City of Rancho Cucamonga Page 17 a) The project site has not been identified as a "Historic Resource" per the standards of Rancho 'Cucamonga Municipal Code Section 2.24 (Historic Preservation). Therefore there will be no impact. b) There are no known archaeological sites or resources recorded on the project site however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based on the future build out of the City. The following mitigation measures as identified in the FPEIR and the Cultural Resources Report by MIG (July 2016) shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering' sites with soil, planning the site as a park or green space or paying an in -kind mitigation fee. • Prepare a technical resources management report, documenting the Inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information, Center for permanent archiving. 2) Conduct Archaeological Sensitivity Training for Construction Personnel. The Applicant shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interior's Professional Qualifications and Standards, to conduct an Archaeologicat Sensitivity Training for construction. personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resources professional with expertise in archaeology, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. The training session will Include a handout and will focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of archaeological monitors, and the general steps a qualified professional archaeologist would follow in conducting a salvage investigation if one is necessary. Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 18 3) Cease Ground -Disturbing Activities and Implement Treatment Plan if Archaeological Resources Are Encountered. In the event that archaeological resources are unearthed during ground -disturbing activities, ground - disturbing activities shall he halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribesllndividuals should be contacted and consulted and Native American construction monitoring should be initiated. The Applicant and City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. 4) Monitor Construction Excavations for Archeological Resources in Younger Alluvial Sediments. The Applicant shall retain a qualified archaeological monitor, who will work under the direction and guidance of a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non -fill younger Pleistocene alluvial sediments. Multiple earth -moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the project archaeologist. 5) Prepare Report Upon Completion of Monitoring Services. The archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring. The report shall be submitted to the Applicant, the South Central Costal Information Center, the City, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA, and treatment of the resources. c) The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the Natural History Museum of Los Angeles County and the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere -of - Influence, ,including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the welter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 19 Quaternary alluvium per the Public Safety Element of the General Plan; therefore, the following mitigation measures shall be implemented: 6) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study, The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth -disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary 'report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. 7) Conduct Paleontological Sensitivity Training for Construction Personnel. The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, shall conduct a Paleontological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training will include a handout and will focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and, the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. 8) Monitor Construction Excavations for Paleontological Resources is required at depths and strata's below 9-feet. The Applicant shall retain a qualified paleontological monitor, who will work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, The paleontological monitor shall be present during all construction excavations including, but not limited to grading, trenching, boring, and clearing/grubbing). Multiple earth -moving construction activities may require multiple paleontological monitors. The frequency of monitoring shall be based on the rate of excavation and grading. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by the current use and surrounding developments/annual discing for weed abatement. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on -site, no further disturbance shall occur until the Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 20 County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on -site. No adverse impacts are anticipated. 9) Cease Ground -Disturbing Activities and Notify County Coroner If Human Remains Are Encountered. If human remains are unearthed during implementation of the Proposed Project, the City of Perris and the Applicant shall comply with State Health and Safety Code Section 7050.5. The City of Rancho Cucamonga and the Applicant shall immediately notify the County Coroner and no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). After the MLD has inspected the remains and the site, they have 48 hours to recommend to the landowner the treatment or disposal, with appropriate dignity, the human remains and any associated funerary objects. Upon the reburial of the human remains, the MLD shall file a record of the reburial with the NAHC and the project archaeologist shall file a record of the reburial with the CHRIS-SCCIC. If the NAHC is unable to identify a MLD, or the MLD identified fails to make a recommendation, or the landowner rejects the recommendation of the MLD and the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to. the landowner, the landowner or his or her authorized representative shall Inter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. e) Per the requirements of AB52, on September 20, 2016, the City submitted Tribal Consultation Requests to the Soboba Band of Luiseno Indians, the San Manual Band of Mission Indians, and the Torres Martinez Desert Cahuilla Indians to determine their interest in engaging In consultation related to the proposed project. None of those tribes requested consultation. Therefore, no adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as () () () (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 11) Strong seismic ground shaking? () () ()r (✓) iii) Seismic -related ground failure, including () () () (✓) liquefaction? iv) Landslides? () () () (✓) b) Result in substantial soil erosion or the loss of topsoil? () (✓) () ( ) Rev 3-1-16 D2—Pg53 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 21 c) Be located on a geologic unit or soil thal'is unstable, () () () (✓) or that would become unstable as a result of the project, and potentially result in on- or off -site (andslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table () () () (✓) 1B-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use O O O (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments; a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR. The Red Hill Fault, passes within 3.6 miles northwest of the site, and the Cucamonga Fault Zone lies approximately 6.0 miles north. These faults are both capable of producing Mw 6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to Mw 7.6 earthquakes is 10.0 miles northeasterly of the site and the San Andreas, capable of up to Mw 8.2 earthquakes, is 12.0 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code and •Standard Conditions will ensure that geologic impacts are less -than -significant. b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area. Exhibit 4.7-4 of the General Plan FPEIR. The proposed' project will require the excavation, stockpiling, and/or movement of on -site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand. impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less -than -significant levels: 1) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, In accordance with SCAQMD Rule 403 or re -planted with drought resistant landscaping as soon as possible. c) Rev 3-1-16 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off - site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside areas at the northern end of the City and in the SOI for slope failure, landslides, and/or erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Initial Study for DESIGN REVIEW.DRC2016-00466 City of Rancho Cucamonga Page 22 Landslides may be induced by seismic activity, rain, or -construction. The City Hillside Development Regulations prohibits the development within slopes of 30 percent or greater and limit the number of units that could,be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The site is not within an Earthquake hazard zone or other unstable geologic unit or soil.lype according to General Plan FPEIR Exhibit 4.7-2. Soil types on -site consist of Tujunga Gravelly Loamy Sand (TvC) Soil association according to General Plan FPEIR Exhibit 4.7-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on -site consist of Tujunga Gravelly Loamy Sand (TvC) Soil association according to General Plan FPEIR Exhibit 4.7-3. These soils are typically found at the in the central and eastern sections of the .City and consist of brown loamy sand and pale -brown coarse sand with a gravel content of 15 to 30 percent by volume. These soils are about 60 in thick, somewhat excessively drained, and found on nearly level %o moderately slopping alluvial fans. With adherence to standard building techniques In accordance with the building code, no adverse -impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. Therefore, no adverse impacts are anticipated. 7. GREENHOUSE GAS EMISSIONS. -Would the project. a) Generate greenhouse gas emissions, either directly or () (✓) () ( ) indirectly, that may have a• significant impact on the environment? b) Conflict with an applicable plan, policy or regulation () () (✓) ( ) adopted for the purpose of reducing the emissions of greenhouse gases? Comments: a) Regulations and Significance —The Federal government began studying the phenomenon of global warming as early as 1979 with the National Climate. Protection Act (92 Stat. 601). In June of 2005, Governor Schwarzenegger established California's Green House Gas (GHG) emissions reduction target In Executive Order (ED).S-3-05. The EO created goals to reduce GHG emissions for the State of California to 2000 levels by 2010; GHG emissions reduced to.1990 levels by 2020; and GHG emissions reduced to 80 percent below 1990 levels by 2050. Additionally, on December 7, 2009 the U.S. Environmental Protection Agency (USEPA) issued findings regarding GHGs under rule 202(a) of the Clean 'Air Act: (1) that GHGs endanger human health; and (2) that this will be the first steps to regulating GHGs through the Federal Clean Air Act. The USEPA defines 6 key GHGs (carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SFa)). The combined emissions of these well -mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. The western states, including Arizona, California, New Mexico, Oregon; Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected'to see an Increase of 3 to 4 degrees Fahrenheit (OF) over the next century. Assembly Bill (AB) 32 requires that the California Air Resources Board (ARB), the lead agency for implementing AB 32, determine what the statewide GHG emission level was in Rev 3-1-16 D2-Po55 Initial Study for City of Rancho Cucamonga DESIGN REVIEW DRC2016-00466 Page 23 Rev 3-1-16 1990 and approve a statewide GHG emissions limit (427 million metric tons of CO2 equivalent) to be achieved by 2020 and prepare a Scoping Plan to outline the main strategies for meeting the 2020 deadline. Significant progress can be made toward the 2020 goal through existing technologies and improving the efficiency of energy use, Other solutions would include improving the State's Infrastructure, and transitioning to cleaner and more efficient sources of energy. The ARB estimates that 38 percent of the State's GHG emissions in 2004 was from transportation sources followed by electricity generation (both in -State and out -of -State) at 28 percent and industrial at 20 percent. Residential and commercial activities account for 9 percent, agricultural uses at 6 percent, high global warming potential gases at 3 percent, and recycling and waste at 1 percent. It is not anticipated that any single development project would have, a substantial effect on global climate change but that GHG emissions from the project would combine with emissions across California, the United States, and the world to cumulatively contribute to global climate change. Therefore, consistent with the ARB's Climate Change Scoping Plan, the proposed project was evaluated for consistency with the Early'Action Measures (Scoping 'Plan is a recommendation until adopted through normal rulemaking). The proposed project is assessed by detdrmining Its consistency with the 37 Recommended Actions identified by ARB. In compliance with Senate Bill (SB) 97 and CEQA, the project has been analyzed based on a qualitative analysis ,(CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck -sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana -Arrow Highway station. The Upland station monitors all criteria pollutants 'except PM10, PM2.e, and S02 which are monitored at the Fontana -Arrow Highway station. The ambient air quality in the project area for CO, NO2, and S02 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings), Ozone, PMio, and PM2.5 levels all exceed State and Federal standards regularly. Project Related Sources. of GHG's — Based on- the .Guidelines for the Implementation of California Environmental Quality Act, Appendix G, a project would normally be considered to have a significant effect on air quality if the project would violate any ambient air quality standards, contribute substantially to ah existing air quality violation, expose sensitive receptors to substantial pollutant concentrations, or conflict with adopted environmental plans and goals of the community. However, neither the CEQA statutes, Office of Planning and Research (OPR) guidelines, nor the draft proposed changes to the CEQA Guidelines prescribe thresholds of significance or a particular methodology for performing an impact analysis. Significance criteria are left to the judgment and discretion of the Lead Agency. The City of Rancho Cucamonga has not adopted a threshold of significance for GHG emissions. However, a screening threshold of 3,006 MTCO2e' per year is based upon South Coast Air Quality Management District staffs proposed GHG screening threshold for stationary sources emissions for non -Industrial projects, aS described in the SCAQMD's Interim CEQA GHG Significance Threshold.for Stationary Sources, Rules and Plans. Project related GHG's would include emissions from direct and indirect sources. ,Based' on the Greenhouse Gas Analysis (MIG, May 9; 2016), total project .related emissions would be 2045 MTCOieglyear, as shown in the following table: 06 ;Source; „ r:;; MGHG'Einissions" MT/YR T, �' .'.; D2—Pg56 Initial Study for DESIGN REVIEW DRC2016-00466 Rev 3-1-16 City of Rancho Cucamonga Page 24 ?OTAL1", Area 0.01 0.00 0.00 1 0.01 Energy 250.88 0.01 0.00 251.91 Mobile 1,450.24 0.02 0.00 1,450.74 Solid Waste 41.14' 2.43 0.00 92.19 WateriWastewater 203.44 1.63 0.04 250.16 TOTAL 1,945.70 4.10 0.04 2,045.01 " MTCO2EIYR Note: Slight variations may occur due .to rounding As shown in the table, direct and indirect operational emissions associated with the project as compared to the SCAQMD's interim threshold of significance of 3,000 MTCO2e per year would result in a less than significant impact with respect to GHG emissions. Cumulative Short Term (Construction) GHG Emissions — The General Plan FPEIR (Section 4.5) indicates that GHG emissions result from construction activities associated with diesel -powered construction equipment .and other combustion sources (i.e. Generators, workers vehicles, material delivery, etc.). The GHG emitted -by construction equipment is primarily carbon dioxide '(CO2). The highest levels of construction related GHG's occur during site preparation including demolition, grading and excavation. Construction related GHG's are also emitted from off -site haul trucks and construction workers traveling to the job site. Exhaust emissions from construction activities would vary each day with the changes in construction activity on site. The combustion of fossil - based fuels creates GHG's such as CO2, Cho, and N20. CHa is emitted duringthe fueling of heavy equipment. Based on the Air Quality and Greenhouse Gas Analysis, (MiG, May 9 2016), no significant impacts to GHGs from short-term construction impacts would occur as a result of the project as shown in the table above.' Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to cumulative impacts is also considered minimal. The proposed project would have less -than 'a significant short-term cumulative impact with implementation .of the following enforceable actions, which are included as mitigation measures in accordance with Mitigation Measure 4.5-1,of the 2010 General Plan Update FPEIR: 1) The project .must comply with all rules that assist in reducing short-term air pollutant emission'in compliance with SCAQMD Rule 403 regarding fugitive dust including, treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on 'low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with -the manufactures' specification. 3) Trucks shall not idle continuously for more'than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 5) Construction should be timed so as not to interfere with peak -hour traffic. D2—Pg57 Initial Study for DESIGN REVIEW DRC2016-00466 Rev 3-1-16 City of Rancho Cucamonga Page 25 6) Ridesharing and transit incentives shall be supported and encouraged for the construction crew. Cumulative Long Term (Operational) GHG's Emissions — The primary source of GHG emissions generated by the proposed project would-be from motor vehicles, combustion of natural gas for space and, water heating, as well as off -site GHG emissions from generation of electricity consumed by the proposed land use development over a long term. CEQA,requires the Lead Agency to review the project for "adequacy, completeness, and a good faith effort at full disclosure," to determine potential impacts of GHG's. Therefore the project has been analyzed based on methodologies and information available to the City at the time this document was prepared. Estimates are based on past performance and represent a scenario that is a worst case with the understanding that technology changes may reduce GHG.emissions in the future. To date, there 'is no established quantified GHG emission threshold. The project involves the construction of 215,600 square foot warehouse building on three parcels totaling 9.5 acres located on the west side of Hickory Avenue approximately 300 feet south of Arrow Route in the General Industrial (GI) District and therefore would result in an increase in the net increases of both stationary and mobile source emissions. The majority of energy consumption typically occurs during project operation (more than 80 percent and less than 20 percent during construction activities). The proposed project will incorporate several design features that are consistent with the California Office of the Attorney General's recommended measures to reduce GHG emission including: water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks. The project is consistent with the. California Environmental Protection Agency Climate Action Team proposed early action measures to mitigate climate change included in the CARB Scoping Plan mandated under AB 32. The proposed project will Incorporate several design features including: water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks. Additionally, the City is participating in the development of a Sustainable Communities Strategy (SCS) with SANBAG for the San Bernardino County area pursuant to Senate Bill (SB) 375., Based on the Air Quality and -Greenhouse Gas Analysis (MIG, May 5, 2016), no significant impacts to GHGs from long-term, operational Impacts would occur as a, result of the project as shown in the table above. Because the project, would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to cumulative impacts is also considered minimal. The proposed project would have less than a significant long-term operational impact with implementation of the following enforceable actions, which are included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are'resourcd efficient, recycled and manufactured In an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; Increased insulation. . Limit air leakage through the structure. Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 26 • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LSD's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following; Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non -vegetated surfaces. 10). Reuse and recycle construction and demolition' waste. Provide interior and exterior storage areas, for recyclables and green waste in public areas. Educate -employees about reducing waste and about recycling. b) The project involves the development of a 215,600 square foot warehouse building on three parcels totaling 9.5 acres located on the west side of Hickory Avenue approximately 300 feet south of Arrow Route in the General Industrial (GI) District, which is consistent with the General Plan. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emission apply to the project. The 2010 General Plan Update includes adopted policies and Standard Conditions that respond to the Attorney General and -the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections; re -use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes diverse opportunities. The proposed project 'Includes water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks' and therefore is consistent with the sustainability and climate change policies of the General Plan. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG's and determined that GHG emissions would be cumulatively considerable, which would be a significant, unavoidable adverse cumulative impact. A Statement of Overriding Considerations .was .ultimately adopted by the City Council. Based on the Air Quality and Greenhouse Gas Analysis (MIG, May5, 2016), no significant Impacts to GHGs from short-term, construction impacts or long-term, operational impacts would occur as a result of the project. Because the project Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 27' would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to GHGs from short-term construction and long- term operational cumulative impacts is also considered minimal. With implementation- of the mitigation measures listed in subsection a), less than significant impacts would occur as a result of the project. In addition, the proposed project would not hinder the State's GHG'reduction goals established by AB 32 and therefore would be less than a significant impact. 8. HAZARDS AND WASTE MATERIALS. Would the project: a) Create ,a significant hazard to the public or the O O O (✓) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the () () () (✓) environment through reasonably foreseeable upset. and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () (✓) ( ) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or,proposed school? d) Be located on a site which is included on a list of O O O (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would It create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, O O O (✓) where such a plan has not. been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, () () () (✓) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically°interfere with an O O O, (✓) adopted emergency response plan or emergency evacuation plan? h) Expose people or, structures to a significant risk of () () () (✓) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) Development within the City may utilize or -generate hazardous materials or wastes.This is usually .associated with individual households, small business operations, and maintenance activities like paints, cleaning solvents, fertilizers, and motor oil or through construction activities that would use paints, solvents, acids, curing compounds, grease, and oils. These materials would be stored and used at individual sites. The project involves the construction of 215,600 square foot warehouse building on three parcels totaling 9.5 acres located on the west side of Hickory Avenue approklmately 300 feet south of Arrow Route in the General Industrial (GI) District. The project site currently has no permanent buildings and is used for truck and material storage. The City participates in a countywide interagency coalition, which Is considered a full service Hazardous Materials Division that is more comprehensive than any other in the State. The City has Rev 3-1-16 D2—Pg60 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 28 an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less -than - significant. The proposed industrial building is to be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools. Therefore, no adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a county`,vide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive than any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less -than -significant. The proposed industrial building is to be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools. Therefore, no adverse impacts are anticipated. c) There are no schools located within 1/4 mile of the project site; however, the project site is located within one mile of a sensitive receptor, a child development center (Montessori Child Development Center 8196 Mulberry Avenue, Fontana, CA 92335). The proposed building is to be constructed as speculative with no definitive users at this time. Typically, the distribution centers do not create objectionable odors. The mitigation measures listed in the Air Quality will ensure the impacts are less ahan significant. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspections (March 31, 2016) did not reveal the presence of discarded drums or illegal dumping of hazardous materials. Therefore, no impact is anticipated. e) The site is not located within an airport land use plan according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 and is not within 2 miles of a public airport. The project site is located approximately 5 miles northeast of the Ontario Airport and is offset north of the flight path. Therefore, no impact is anticipated. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2.5 west of the City's westerly limits. No impact is anticipated. g) The City has a developed roadway network that provides emergency access and evacuation routes to existing development. New development will be located on a site that has access to existing roadways, The City's Emergency Operation Plan, which is updated every three years, includes policies and procedures to be administered by the City of Rancho Cucamonga in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from wind -driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS-1. Therefore, no adverse impacts are anticipated. Rev 3-1-16 D2—Pg67 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 29 9. HYDROLOGY AND WATER QUALITY. Would the project. a) Violate any water quality standards or waste discharge () (✓) () ( ) requirements? bj Substantially deplete groundwater supplies or interfere O O O (✓) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? . c) Substantially alter the existing drainage pattern of the O O O (✓) site or area, including through the alteration of the course of a stream or river; in a manner, which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the () () () (✓) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed O O O (✓) the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? () () () (✓) g) Place housing within a 100-year flood hazard area as O O O (✓) mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year Flood hazard area structures O O (J (✓) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of () () () (✓) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? O ( O (✓) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB), through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Rev 3-1-16 D2—Pg62 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 30 Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) to prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off -site into receiving waters. Eliminate or reduce non -storm water discharges to storm sewer systems and other waters of the nation. Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare an SWPPP. To comply with the NPDES, the project's construction contractor will be required to prepare an SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post -construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by (Hula-Zollars July 21, 2016), which identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on -site drainage system. BMPs include both structural and non- structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through Implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures are required to control additional storm water effluent: Construction Activities: Rev 3-1-16 1) Prior -to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on -site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical, 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific. measures to control on -site and off -site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced In Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on -site or off -site as a result of this project will be corrected through a remediation or restoration program within a specified time frame, 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. D2— Initial Study for City of Rancho Cucamonga DESIGN REVIEW DRC2016-00466 Page 31 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NO[) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building 'Official for coverage under the NPDES General Construction Permit. . Post -Construction Operational: 6) Prior to issuance ofbuilding permits, the applicant shall submit to the City Building Official for approyal of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on -site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga In June 2004. 7) - Landscaping, plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, approximately 35 percent of the Citys water is currently provided from water supplies coming from the underlying Chino and Cucamonga Groundwater Basins. CVWD complies with its prescriptive water rights as managed by the Chino Basin Watermaster and will not deplete the local groundwater resource. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Figure RC-3. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feel below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or Over. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off -site. The impact is not considered significant. d) The project will cause, changes'in absorption rates, drainage patterns, and the rate and amount .of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. Rev 3-1-16 Initial Study for City of Rancho Cucamonga DESIGN REVIEW DRC2016-00466 Page 32 All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off -site. No impacts are anticipated, e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result In substantial additional sources of polluted runoff. A Grading and Drainage Plan must.be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off -site. No impacts are anticipated. Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting'in surface water quality impacts. The site is for new development therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. With implementation of the mitigation measures specified under subsection a), less than significant impacts are anticipated. 8) The developer shall implement the BMPs identified in the Water quality Management Plan prepared by (Huitt-Zollars July 21, 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. g) The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. Therefore, no adverse impacts are anticipated. h) The project site Is not located within a 100-year flood hazard area according to General Plan Figure PS-5. Therefore, no adverse impacts are expected. The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to adequately convey floodwaters from "a 100-year storm event. The system Is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete -lined channels, and underground storm drains as shown in General Plan Figure PS-6. The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. Therefore, no adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non -significance within the City. This existing system .includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. Rev 3-1-16 D2—Pg65 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 33 10. LAND USE AND PLANNING. Would the project. a) Physically divide an established community? () () () (✓) b) Conflict with any applicable land use plan, policy, or, () ( ) () (✓) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal ' program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan () ( ) () (✓) or natural community conservation plan? Comments: a) The project site is located on the west side of Hickory Avenue about '300 feet South of Arrow Route. The project site consists of three (3) parcels that when combined are approximately 630 feet (east to west) and approximately 665 feet (north to south) with an area of about 413,853 square feet (9.5 acres). The property is bound on the west by several parcels that are partially developed with, small structures and are used for truck and truck trailer parking. To the east, on the other side of the Hickory Avenue, is a San Bernardino County Flood Control channel and beyond that are a variety,of residential and industrial structures within unincorporated San Bernardino County. To the north are several parcels which are either vacant, or .are developed. with legal, non -conforming single-family residences or small industrial businesses. To the south is a mostly vacant ,parcel that has been used intermittently for outdoor storage. The zoning of the property and the properties surrounding the subject property to the north, west, and south is General Industrial (GI) District. The zoning of the properties to the east is Fioodway (FW) and Community Industrial (IC) (San Bernardino County). The construction of a 21.5;600 -square foot warehouse building will be consistent with the General Industrial (.GI) District development standards and will include elements that are consistent with surrounding development, thus becoming a part of the larger community. Therefore, no adverse impacts are anticipated. b) The project site land use designation is General Industrial (GI) District. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection, or SCAG's Regional Comprehensive Plan. Therefore, no adverse impacts are anticipated, c) The project site is not located within any habitat conservation or natural community plan area. According to General Plan Figure RC-4 and Section 4.10of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and ,ts consistent With the General Plan Land Use Plan. 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral () () () (✓) resource, that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally Important () () () (✓) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Rev 3-1-16 M Initial Study for City of Rancho Cucamonga DESIGN REVIEW DRC2016-00466 Page 34 Comments - a) The site is not designated as a State Aggregate Resources Area according to the City General'Plan,'Figure RC-2 and Table RC-1; therefore, there, is no impact: . b) The site is not designated by the General Plan, Figure RC-2 and Table RC-1, as a valuable mineral resource recovery site; therefore, there tis no impact. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in () V) () ( ) excess of standards established in the local. general plan or no ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive () () (✓) () ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise () () (✓) () levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in () (✓) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, O O O (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project, area to excessive noise levels? f) For a project within the vicinity of a private airstrip, (') () () (✓) would'the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Figure PS-10 at build -out. The project site is located on the west side of Hickory Avenue about300 feet south of Arrow Route. It consists of three (3) parcels that, when combined are approximately 630 feet (east to west) and approximately 666 feet (north to south) with an area of about 413,853 square feet (9.5 acres). The proposal includes the construction of a 215,000 square foot industrial warehouse in the General Industrial (GI) District. Due to the proximity of Arrow Route, a Noise Impact,Analysis (MIG, May 4, 2016) was prepared for the project site, which concluded that with the following mitigation measures, the noise impacts on the project will be less than significant. Rev 3-1-16 Exterior: 1) Prior to issuance of grading permits, the Applicant shall submit a mitigation plan prepared by a qualified engineer or other acoustical expert for review - and approval by the Planning Division that Identifies the equipment list -provided by the construction contractor, noise levels generated by proposed equipment, and noise control measures that can achieve reductions in construction -related noise levels. Construction -related noise levels shall be reduced to a maximum of 65 dBA at residential uses and 70 dBA at industrial uses. The mitigation plan may include use of sound curtains, engineered equipment controls, or other methods. Noise control requirements shall be D2—Pg67 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 35 noted on project construction drawings and verified by the Building . Department, during.standard inspection procedures. 2) Business operations shall maintain a noise level at 60dB or less during the hours of 10 p.m.. until 7 a.m.. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects 'between the hours of 10 p.m. and 7 a.m. in a manner which would cause a noise disturbance to residential areas. 3) Limit construction activities to the hours of 7:00 AM to 8:00 PM Monday through Saturday. This mitigation measure must be implemented throughout construction and may be periodically monitored by -the Planning Director, or designee during routine inspections. b) The proposed industrial buildings are -to be constructed as speculative with no definitive users at this time. The City's Development Code requires that all ,industrial uses be conducted within an enclosed building; hence, no adverse operational impact to nearby commercial uses is expected. However, at the time of occupancy the Planning Department .will review each Business License for each tenant to determine the potential impacts to the surrounding, residential uses and surrounding industrial uses. The normal operating uses associated with this type of project normally do not induce ground borne vibrations. Construction related vibration may create short term noise and vibration impacts. Therefore, no adverse impacts .are anticipated. Therefore, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The project site is located on the west side of Hickory Avenue about 300 feet south of Arrow Route. It consists of three (3) parcels that, combined, is approximately 630 feet (east to west) and approximately 665 feet (north to south) with an area of about 413,853 square feet (9.5 acres). The proposal includes the construction of a 21'5;000 square foot industrial warehouse in the General Industrial (GI) District. Because the project will not significantly increase traffic as analyzed in Section 16 Transportation/Traffic; it will likely not increase ambient noise levels within the vicinity of the project. A substantial increase in ambient noise is an increase that is barely perceptible (3 dBA). Operationally, the proposed project will result in periodic landscaping and other occasional noise generating activities. These activities are common In industrial' uses and do not represent a substantial increase in periodic noise in consideration that the project site is located in an industrialized area. Therefore, no adverse impacts are -anticipated. d) The General Plan FPEIR (Section 4.12) indicates that during a construction phase, on -site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following, measures are provided to mitigate the short-term noise Impacts: 4) Construction or grading. shall not take place between the hours of 8:00 PM and 7:00 AM on weekdays, Including Saturday, or at any time on Sunday or a national holiday. Rev 3-1-16 5) Construction or grading noise levels shall not exceed the standards specified In Development Code Section 17.66.050, as measured at the property line. Developer shall hire a consultant to perform weekly -noise level monitoring as specified In Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; .however, if noise levels exceed the above standards, then the consultant shall Immediately notify the on M. Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 36 Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 6) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on -site construction equipment but do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: 7) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday,.or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The Project is located approximately 5 miles northeast of the Ontario Airport and is offset northeast of the flight path. Therefore, no impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2.5 miles west of the City's westerly limits. Therefore, no impact is anticipated. 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either () (} (j (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, () () () (✓) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating () () () (✓) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will include the construction of a 215,600 square foot industrial warehouse building on three lots totaling 0.5 acres, in the General Industrial (GI) District. The development of this site will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. Once constructed, the proposed project will have a limited number of employees; hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities. No significant impacts are anticipated. b) The project site is industrial and therefore contains no existing housing units. Therefore, no adverse impact is expected. c) The project site is industrial and includes vacant land. No displacement of housing or people will take place. Therefore, no impacts are anticipated. Rev 3-1-16 D2—Pg69 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 37 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? () () () (✓) b) Police protection? () () () (✓) c) Schools? () () () (✓) d) Parks? () () () (✓) e) Other public facilities? () () () (✓) Comments: a) The site, located on the west side of Hickory Avenue, 300 feet south of Arrow Route, would be served by Fire Station #174 at 11297 Jersey Boulevard, located approximately 1.75 miles from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project to lessen the future demand and impacts to fire services. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will' not change the pattern of uses within the surrounding area and will not have a substantial increase In property to be patrolled as the project site Is within an area that is regularly patrolled. c) The site is in a developed area currently served by the Etiwanda School District and the Chaffey Joint Union High School District. The project will be required to pay School Fees as prescribed by State law prior to the issuance of building permits. No impacts are anticipated. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is Garcia Park, is located at 13150 Garcia Drive, 1.0 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site Is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FPEIR (Section 4.14), there will be a projected increase in library space demand but with the implementation of standard conditions the increase in Library Services would be mitigated to less than significant impact. Additionally, the Paul A. Biane Library has an additional 14,000 square foot shell of vacant library space that Is planned for future Library use, The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore no adverse impact is expected. Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 38 15. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) O O (✓} regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or () () () (✓) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Garcia Park located -at 13150 Garcia Drive, is located 1.0 mile from the project site. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay Park Development Fees. Therefore, no impacts are anticipated. b) The project does not include the development of new or the expansion of existing recreational facilities. Therefore, no adverse Impacts are anticipated. 16. TRANS PORTATIONITRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy ( ) () (✓) () establishing measures of effectiveness for the performance of the circulation system,, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, Including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management ( ) () () (✓) program, including, but not limited to a level of service standards and travel demand measures, or other standards established by the county congestion' management agency for designated roads or highways? c) Result in a change in air traffic patterns, Including () () () (✓) either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature () () () (✓) (e.g., sharp curves or dangerous intersections) or 'incompatible uses (e.g., farm equipment)? e) Result In inadequate emergency access? () () (✓) (j f) Conflict with adopted policies, plans, or programs (j () (✓) () regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Rev 3-1-16 D2—Pg71 Initial Study for DESIGN REVIEW DRC2016-00466 Comments: City of Rancho Cucamonga Page 39 a) A Traffic Exemption Letter Analysis (Kunzman Associates, Inc., June 16, 2016) was prepared for the project. The proposed industrial/warehouse building of 215,600 square feet of floor area would generate 362 average daily trips, 24 AM peak trips and 26 PM peak trips. It is assumed that a majority of the project's peak hour traffic would be associated with employees and visitors destined to/from the proposed project. Most warehousing truck related traffic occurs outside of the peak hours. Proposed Trip Generation Land Use ADT -AM Peak PM.Peak Vehicle Trips 362 24 26 Passen er Car Equivalents 468 30 34 Source: Kunzman Associates, Inc., 2016 - As noted in the General Plan FPEIR (Section 4.16), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. The'project is in an area, that is mostly developed with street improvements existing or included In project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at intersections. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. Projects that create less than, 50 new two-way peak hour trips at any intersection are not considered to create a significant impact on the existing roadway system and do not require further analysis. The City Engineer has reviewed the Traffic Exemption Letter Analysis (Kunzman Associates Inc., June 16, 2016) and concurs with the analysis's conclusions. Therefore, the impact is considered less than significant. b) In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation Improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of a building permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will,be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage or the site. No impacts are anticipated. c) Located approximately 5.0 miles northeast of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. Therefore, no impacts are anticipated. d) The project is in an area that is mostly developed. The project will be required to provide street Improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. Rev 3-1-1.6 Initial Study for DESIGN REVIEW DRC2016-00466 City of Rancho Cucamonga Page 40 e) The project will be designed to provide access for all emergency vehicles during construction and upon completion' of the project and will therefore not create an inadequate emergency access. Therefore, the impact is considered less than significant. Therefore, no adverse impacts are anticipated. f) The project site is located on the west side of Hickory Avenue about 300 feet south of Arrow Route. It consists of three (3) parcels that when combined are approximately 630 feet .(east to west) and approximately 665 feet (north to south) with an area of about 413,853 square feet (9.5 acres). The proposal includes the construction of a 215,000 square foot industrial warehouse in the General Industrial (GI) District. The project design provides typical features to support transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.), including local infrastructure (e.g., streets, sidewalks, and traffic/pedestrian signals), level topography, supporting transportation, and vehicle trip reduction. Therefore, the impact is considered less than significant. Therefore, no adverse impacts are anticipated. 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the () () () (✓) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or () () () (✓) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm () () () (✓) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 'd) Have sufficient water supplies available to serve the () () () (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result.in a determination by the wastewater treatment O O O (✓) provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? f) Be served by .a landfill with sufficient permitted () () () (✓) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and () () () (✓) regulations related to solid waste? Comments; a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-1 and RP-4 treatment plants. The RP-1 capacity is sufficient to exceed the additional development within the western and southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to, treat all increases in wastewater generation for buildout of the General Plan. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. Rev 3-1-16 D2—Pg73 Initial Study for City of Rancho Cucamonga DESIGN REVIEW DRC2016-00466 Page 41 b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is not considered significant. d) The CVWD provides water treatment, storage and distribution of domestic water to Rancho Cucamonga and portions of the cities of Ontario and Fontana, and a tract in Upland. The current daily water usage in the CVWD service area is approximately 41.7 million gallons per day (mgd). Residential water use amounts to about 60 percent of the total water consumed. Landscaping (public and private) is the next largest consumer of water at 20 percent. Under Senate Bill 610 (SB 610), Water Supply Assessments are required for projects that exceed the following sizes: 1) Residential development of more than 500 dwelling units; 2) shipping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet; 3) commercial office buildings employing more than 1,000 persons or having more than 250,000 square feet; 4) hotel or motel having more than 500 rooms; 5) industrial, manufacturing, processing plant, or industrial park housing more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000'square feet; 6) mixed use project including one or more of the projects specified above; 7) any other project that would demand an amount of water equivalent to or greater than the amount of water required by a 500-dviielling unit project; and 8) any project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system. Under SIB 221, a Water Supply Assessment is required when: 1) A project that is a residential development of more than 500 dwelling units; 2) a project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system; and 3) applies to development agreements that Include such subdivision. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. Therefore, no adverse impacts are anticipated. e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. No impacts are anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. Therefore, no impacts are anticipated. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. Rev 3-1-16 D2—Pg74 Initial Study for DESIGN REVIEW DRC2016-.00466 City of Rancho Cucamonga Page 42 18. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the () () ( ) (✓) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate Important examples of the major periods of California, history or prehistory? b) Does the project have impacts that are individually O O O (✓) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () (✓) () ( ) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Figure RC-4. Additionally, the area surrounding the site is developed. A Habitat Suitability Evaluation (Ecological Sciences, March 11, 2016) was prepared for the project site. No special status plant or animal species were detected on the project site. There were also no jurisdictional resources observed on the project site. Although no native habitat types are present on the project site, and no listed species are expected to occur due to the absence of suitable habitat, the potential presence of special -status species (e.g., burrowing owl) may impose some degree of constraint to development depending upon the nature of both direct and indirect impact on these resources, as well as on the particular species and seasonal timing of construction activities. Based on previous development and,street improvements„ it is unlikely that any endangered or rare species would Inhabit the site. Mitigation measures have been included requiring nesting bird and burrowing owl surveys to be conducted prior to approval of a grading plan. With the implementation of these mitigation measures, no impacts are anticipated. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build -out in the City and Sphere -of -Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less -than -significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 16092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed -use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. Rev 3-1-16 D2— Initial Study for City of Rancho Cucamonga DESIGN REVIEW DRC2016-00466 Page 43 c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction -related emissions of criteria pollutants as having a potentially significant impact. As prescribed by SCAQMD, an Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis (MIG, May 2016) that utilizes CaIEEMod (Version 2013.2.2) to evaluate short-term construction emissions for Regional and localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. As stated in the Air Quality Section, proposed mitigation measures would further reduce emission levels to less than significant levels. Additionally, impacts resulting from air quality would be short- term and would cease once construction activities were completed. Mitigation measures contained in this Initial Study will ensure impacts are at less -than -significant levels. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. A Noise Impact Study was submitted for the project that reviewed the exterior noise level impacts. The report concluded that with the proposed mitigation measures (see Noise section above for detailed analysis and mitigation measures), exterior noise levels would be reduced to less than significant. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier PEIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (T) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (T) Air Quality and Greenhouse Gas Emissions Assessment (MIG, Certified May 9, 2016) (T) Health Risk Assessment (MIG, Certified May 16, 2016) (T) Biological Resources Assessment (MIG, Certified May 19, 2016) (T) Noise Study (MIG, May 11, 2016) (T) Phase 1 Cultural Resources Assessment (MIG, Certified July 18, 2016) Rev 3-1-16 Initial Study for DESIGN REVIEW DRC2016-00466 (T) Phase 1 Environmental Site Assessment (Blackstone Consulting, LLC, Certified on April 8, 2016) (T) Traffic Exemption Letter Analysis (Kunzman Associates, Inc., June 16, 2016) Rev 3-1-16 City of Rancho Cucamonga Page 44 D2—Pg77 Initial Study for DESIGN REVIEW DRC2016.00466 APPLICANT CERTIFICATION City of Rancho Cucamonga Page 45 I certify that I am the applicant for the project described In this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals andfor hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects fo a point where clearly no slgnificanl environmental effects would occur. Applicant's Signalure: UY� ` _/M Date: ./ //% 1 /- Print Name and Title: Jy� >L t/ P _i) i5P,h 1 G ✓ J ��. Rev 3-1-16 MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART 111) Project File No.: Design Review DRC2016-00466 Applicant: John Atwell Initial Study Prepared by: Nikki Cavazos, Assistant Planner Date: December 14, 2016 Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Freque Verification Verification Date linitials Non -Compliance '3AVQbalilJV1 Fr �,g�fid Short Term (Construction) Emissions 1 ) All clearing, grading, earth -moving, or excavation PD C Review of Plans A/C 2/4 activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions 2) The contractor shall ensure that all disturbed PD C Review of Plans A/C 2/4 unpaved roads and disturbed areas within the Project are watered at least three (3) firnes daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day 3) The contractor shall ensure that traffic speeds on PD C Review of Plans A/C 2/4 unpaved roads and Project site areas are reduced to 16 miles per hour or less. 4) Prior to issuance of building permits, the City BO C Review of Plans C 2/4 Building Official shall verify that construction plans submitted by the project proponent reflect use Of architectural coatings where the content of volatile organic compounds (VOC) does not exceed 50 g1l for internal and exterior non- residential applications. This measure shall be verified through standard building inspections. The applicant shall bear the cost of implementing this mitigation 5) All construction equipment shall be maintained in PD C Review of Plans A/C 2 good operating condition so as to reduce operational emissions. The contractor shall ensure that 811 construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance Page 1 of 19 Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non -Compliance records shall be available at the construction site for City verification. 6) Prior to the issuance of any grading permits, the PD/BO C Review of Plans C 2 developer shall submit Construction Plans to the City denoting the proposed schedule and projected ' equipment use. Construction contractors shall provide evidence that low -emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall .also conform to any construction measures imposed by the South Coast Air Quality Management District SCAQMD as well as City Planning staff. 7) The construction contractor shall utilize electric BO C Review of Plans A/C 4 or clean alternative fuel powered equipment where feasible. 8) The construction contractor shall ensure that BO C Review of Plans A/C 2/4 construction -grading plans Include a statement that work crews will shut off equipment when not in use 9) All asphalt shall meet or exceed performance BO B Review of Plans A/C 2 standards noted in SCAQMD Rule 1108. 10) All paints and coatings shall meet or exceed PD C Review of Plans A/C 214 performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high -volume, low pressure spray 11) All construction equipment shall comply with BO C Review of Plans A/C 2/4 SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the BO C Review of Plans A/C 2/4 construction site through seeding and watering. • Pave or apply gravel to any on -site haul BO C Review of Plans A/C 2/4 roads. • Phase grading to prevent the susceptibility BO C Review of Plans A/C 214 of large areas to erosion over extended Page 2 of 19 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring_ Frequency Verification Verification Date/initials Non -Compliance periods of time. • Schedule activities to minimize the amounts BO C Review of Plans A/C 2/4 of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in BO C Review of Plans A 4 accordance with local ordinances and use sound engineering ractices. • Sweep streets according to a schedule BO C During Construction A 4 established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high BO C During Construction A 4 winds (i.e., wind speeds exceeding 25 mph) in accordance with SCAQMD_ Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio BO C During Construction A 4 on soils haul trucks or cover payloads using tarps or other suitable means. 12) The site shall be treated with water or other BO C During Construction A 4 soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PMio) emissions, in accordance with SCAQMD Rule 403. 13) Chemical soil -stabilizers (approved by BO C During Construction A 4 SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMio emissions. Long Term Emissions and Impacts 14) Provide adequate ingress and egress at all BO C During'Construction A 4 entrances to public facilities to minimize vehicle idling at curbsides. 15) Provide preferential parking to high occupancy BO C During Construction A 4 vehicles and shuttle services. 16) Schedule truck deliveries and pickups during BO C During Construction A 4 off-peak hours. 17) Improve thermal integrity of the buildings and 1 BO C During A 4 reduce thermal load with automated time clocks Construction Page 3 of 19 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Verification Verification Date /Initials Non -Compliance or occupant sensors. —Frequency 18) Landscape with native and/or drought -resistant BO C During A 4 species to reduce water consumption and to Construction provide passive solar benefits. 19) Provide lighter color roofing and road materials BO C During Construction A 4 and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 20) Comply with the AQMP Miscellaneous Sources BO C During Construction A 4 PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 21) All industrial and commercial facilities shall post BO C Review of Plans A 4 signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 22) All industrial and commercial facilities shall PD C Review of Plans A/C 213 designate preferential parking for vanpools. 23) All industrial and commercial site tenants with PD C Review of Plans D 213 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 24) All industrial and commercial site tenants with pD C Review of Plans D 213 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 25) All residential and commercial structures shall BO CID Review of Plans C 214 be required to incorporate high-efficiency/low- polluting heating, air conditioning, appliances, and water heaters. 26) All residential and commercial structures shall BO CID Review of Plans C 214 be required to incorporate thermal pane windows and weather-stripping. 27) All new development in the City of Rancho BO CID Review of Plans C 2/4 Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 446 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor Page 4 of 19 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non -Compliance wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. `.Seetio4: Biolob[ica4.Resources r 4r: ays i Iw 1 P, 1) Three days prior to the removal of vegetation or pD B Review of Plans C 2 ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist Is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 5,000 feet of raptor nests,during the breeding season to avoid abandonment of young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as.determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in PD B Review of Plans C 2 conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following Page 5 of 19 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non -Compliance protocol: • Burrowing Owl Survey methodology shall PD g Review of Plans C 2 be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre -construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and . will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurve ed for owls. • During the non -breeding season from Pp B Review of Plans C 2 September 1 through January 31, if burrows are occupied by migratory or non - migratory resident burrowing owls during a pre -construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. " 'During the avian nesting season from pp g Review of Plans C 2 February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback; as determined by a qualified Page 6 of 19 A Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementin Action for Mon➢torin Frequent Verification Verification Date /Initials Non -Compliance wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. hySeCtibnirJ'Yv ICiiltUral'he§o�Pes r V. � nil!Lrl t. �'.41. { {4Ph2 {.�O `IW • ...•'.AN� • ...:. 1{.i l{u lu. ��Y { 1) If any prehistoric archaeological resources are PD B Review of Report AID 4 encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect PD/BO C Review of Report AID 314 undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require PD/BO C Review of Report A/D 314 incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the PD/BO C Review of Report A/D 3/4 archaeological heritage of the area. • Prepare a mitigation plan consistent with PD B/C Review of report AID 2/4 Section 21083.2 Archeological resources of and plans during CEQA to eliminate adverse project effects construction on significant, important, and unique prehistoric resources, including but not limited to, avoiding archeological sites, capping or covering site with soil, planning the site as a park or green space or paying an in -kind mitigation fee. • Prepare a technical resources management PD C Review of Report A/D 3/4 report, documenting the inventory, evaluation, and proposed mitigation of Page 7 of 19 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) Conduct Archaeological Sensitivity Training for PD B Review of Plans C 2 Construction Personnel. The Applicant shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interior's Professional Qualifications and Standards, to conduct an Archaeological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resources professional with expertise in archaeology, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. The training session will include a handout and will focus on how to , identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of archaeological monitors, and the general steps a qualified professional archaeologist would follow in conducting a salvage investigation if one is necessary. 3) Cease Ground -Disturbing Activities and PD/BO BIC During Construction AID 4 Implement Treatment Plan if Archaeological Resources Are Encountered. In the event that archaeological resources are unearthed during ground -disturbing activities, ground -disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed b Page 8 of 19 9 Mitigation Measures No./ Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date llnitials Sanctions for Non -Compliance project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribesllndividuals should be contacted and consulted and Native American construction monitoring should be initiated. The Applicant and City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. 4) Monitor Construction Excavations for PD/BO B/C During Construction C 4 Archeological Resources in Younger Alluvial Sediments. The Applicant shall retain a qualified archaeological monitor, who will work under the direction and guidance of a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearinglgrubbing) into non -fill younger Pleistocene alluvial sediments. Multiple earth -moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the project archaeologist. Page 9 of 19 Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance 5) Prepare Report Upon Completion of Monitoring pD D Review of Report D 3 Services. The archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interiors Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring. The report shall be submitted to the Applicant, the South Central Costal Information Center, the City, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA, and treatment of the resources. 6) If any paleontological resource (i.e. plant or PD B Review of Report AID 4 animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained PD B Review of Report AID 4 and equipped to allow'the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth - disturbing activities. • Should fossils be found within an area BO BIC Review of Report AID 4 being cleared or graded, divert earth - disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, Page 10 of 19 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequent Verification Verification Date /initials Non -Compliance the grading contractor should immediately _ divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered PD D Review of Report D 3 fossils for documentation in the summary report and transfer to an appropriate depository (i.e., . San Bernardino County Museum). • Submit summary report to City of Rancho PD D Review of Report D 3 Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. Z) _Conduct Paleontological Sensitivity Training for PD B Review of Report D 214 Construction Personnel. The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, shall conduct a Paleontological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training will include a handout and will focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and, the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. 8)_ Monitor Construction Excavations for PD/BO B/C During Construction AID 2/4 Paleontological Resources is required at depths and strata's below 9-feet. The Applicant shall retain a qualified paleontological monitor, who will work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor shall be present during all construction excavations including, but not limited to grading, Page 11 of 19 .Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of I Verification I Verified Date /Initials Sanctions for Non -Compliance trenching, boring, and clearing/grubbing). Multiple earth -moving construction activities may require multiple paleontological monitors. The frequency of monitoring shall be based on the rate of excavation and grading. 9)_Cease Ground -Disturbing Activities and Notify PD/BO B/C During Construction AID .4 County Coroner If Human Remains Are Encountered. If human remains are unearthed during implementation of the Proposed Project, the City of Perris and the Applicant shall comply with State Health and Safety Code Section 7050.5. The City of Rancho Cucamonga and the Applicant shall immediately notify the. County Coroner and no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). After the MLD has inspected the remains and the site, they have 48 hours to recommend to the landowner the treatment or disposal, with appropriate dignity, the human remains and any associated funerary objects. Upon the reburial of the human remains, the MLD shall file a record of the reburial with the NAHC and the project archaeologist shall file a record of the reburial with the CHRIS-SCCIC. If the NAHC is unable to identify a MLD, or the MLD identified fails to make'a recommendation, or the landowner rejects the recommendation of the MLD and the. mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated with Native American Page 12 of 19 J Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date linitials Non -Compliance human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. r r :'li rw Seehon 6 Gebloo� ndJSioIIS, uY) , ,d! y'.. ft TI tr'ly ' t a '�y �416..'�lil t yalr - a ; r 1) The site shall be treated with water or other BO C During Construction A 4 soil -stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PMIo emissions, in accordance with SCAQMD Rule 403 or re- planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept BO C During Construction A 4, according to a schedule established by the City to reduce PMio emissions associated with vehicle tracking of soil off -site. Timing may vary depending upon the' time of year of construction. 3) Grading operations shall be suspended when BO C During Construction A 4 wind speeds exceed 25 mph to minimize PMio emissions from the site during such episodes. 4) Chemical soil -stabilizers (approved by BO C During Construction. A 4 SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMio emissions. Seciiort',7 6reenhoGseG"as, �� tbnsr �Ilr �.4jy''* j d 5 i+, 17 ••` rr' l�, +��i/'��, ;�° �'�,"; vtl xV Is 6Ln 1 r r... lynri ^rl4J +fdmtni ,, JI q;l .t' ��',., Ix r.,' , h.. r}'..I j+• Short Term (Construction) GHG Emissions 1) The project must comply with all rules that BO C During Construction A 4 assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select BO O During Construction A 4 construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. Page 13 of 19 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verged Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non -Compliance 3) Trucks shall not idle continuously for more than BO C During Construction A 4 5 minutes. 4) Alternative fuel powered equipment shall be BO C During Construction A 4 utilized in lieu of gasoline- or diesel -powered engines where feasible. 5) Construction should be timed so as not to BO C During Construction A 4 interfere withpeak-hour traffic. 6) Ridesharing and transit incentives shall be BO C During Construction A 4 supported and encouraged for construction crew. Long Term (Operational) GHG Emissions 7) Construction and Building materials shall be BO A During Construction C 2 produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low -volatile -organic -compound VOC materials. 8) Design all buildings to exceed California BO C During Construction A 4 Building _ Code Title 24 energy standard including but not limited to any combination of: • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool' roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation BO A During Construction C 2 strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the Ci of Rancho Page 14 of 19 Mitigatlon Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and - waterless urinalshvater heaters. o Design irrigation to control runoff and to remove water to non -vegetated surfaces. 10) Reuse and recycle construction and demolition CE A Review of Plans C 2 waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Se¢hon 9 iiyd[ology'and WaterQuality _ 1 µ. Construction Activities 1) Prior to issuance of grading permits, the permit BO B/CID Review of Plans A/C 214 applicant shall submit to Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on -site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, BO B/C/D/ Review of Plans AIC 214 included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on -site and off -site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to Page 15 of 19 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance ensure that any erosion which does occur either on -site or off -site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as BO BICID Review of Plans A(C 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there Is rainfall or other runoff. 4) During construction, to remove pollutants, street BO BICID Review of Plans A/C 2/4 cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 6) Prior to issuance of grading or paving permits, BO BICID Review of Plans AIC 2/4 the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Post -Construction Operational 6) Prior to issuance of building permits, the BO BICID Review of Plans A/C 214 applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on -site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. Page 16 of 19 t� Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Im le enting Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance 7) Landscaping plans shall include provisions for B0 B/C/D Review of Plans A/C 2/4 controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. Grading Activities 8) The developer shall implement the BMPs BO B/C/D Review of Plans A/C 2/4 identified in the Water Quality Management Plan prepared by (Huitt-Zollars July 21, 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. N$eetioi'Jq� �Noisej(' i} Hfitf; F tii... �YhYr. uc�,.A1p.. m�^: .. _ _._ Ar .: a �w � ,u �r:c-, .ui � ..41 � .-,ri r..l .. a5y .. fi,N a. .4.� �dh. �ry �...... ! .. -._ .i._—;: �... _.:i....u_ _. .w � h vi '� W s.,iu.�.t Exterior 71)__�Prior to issuance of grading permits, the PD/BO B Review of Plans C/A 4 Applicant shall submit a mitigation plan prepared by a qualified engineer or other acoustical expert for review and approval by the Planning Division that identifies the equipment list provided by the construction contractor, noise levels generated by proposed equipment, and noise control measures that can achieve reductions in construction -related noise levels. Construction -related noise levels shall be reduced to a maximum of 65 dBA at residential uses and 70 dBA at industrial uses. The mitigation plan may include use of sound curtains, engineered equipment controls, or other methods. Noise control requirements shall be noted on project construction drawings and verified by the Building Department during standard inspection procedures. 2) Business operations shall maintain a noise level g0 C Durini Construction A 4 Page 17 of 19 0 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date llnitials Non -Compliance at 60dI3 or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 3) Limit construction activities to the hours of 7:00 BO C During Construction A 4 AM to 8:00 PM Monday through Saturday. This mitigation measure must be implemented throughout construction and may be periodically monitored by the Planning Director, or designee during routine inspections. Interior 4) Construction or grading shall not take place BO C During Construction A 4 between the hours of 8:00 PM and 7:00 AM on weekdays, including Saturday, or at any time on Sunday or a national holiday. 5) Construction or grading noise levels shall not BO C During Construction A 4 exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity too -a level of compliance with above noise standards or halted. 6) The perimeter block wall shall be constructed pD C During Construction A 4 as early as possible in the first phase. Page 18 of 19 0 N v 1j V Mitigation Measures No./ Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non -Compliance 7) Haul truck deliveries shall not take place p0/BO C During Construction A 417 between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Key to Checklist Abbreviations CDD - Community Development Director or designee A -With Each New Development A - On -site Inspection 1 -Withhold Recordation of Final Map PD- Planning Director or designee B- Prior To Construction B- Other Agency Permit Approval 2- Withhold Grading or Building Permit CE - City Engineer or designee C - Throughout Construction C - Plan Check 3 - Withhold Certificate of Occupancy BO - Building Official or designee D - On Completion D -Separate Submittal (Reports/Studies/ Plans) 4 - Stop Work Order PO - Police Captain or designee E - Operating 5 - Retain Deposit or Bonds FC - Fire Chief or designee 6 - Revoke CUP 7 - Citation Page 19 of 19 .�, City of Rancho Cucamonga MITIGATED NEGATIVE .DECLARATION The following Mitigated Negative Declaration is being circulated for public review In accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public, Resources Code. Project File No.: Design Review DRC2016-00466 Public Review Period Closes: February 22, 2017 Project Name: Hickory Warehouse Project Applicant: John Atwell Oakmont Industrial Group 3520 Piedmont Road, Suite 1,00 Atlanta, Georgia 30305 Project Location (also see attached map): In the General Industrial District along Hickory Avenue, south of Arrow Route —APNs: 0229-171-01 and 0229-181-03 and 11 Project Description: A proposal to construct 1 concrete tilt -up warehouse building totaling approximately.215,600 square feet (9.5 acres) which is currently developed with small temporary structures, partially paved and. used as a storage yard FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project,may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon,the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point,where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as: revised, may have a significant effect on the environment. If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center 'Drive (909) 477-2750 or Fax (909) 477=2847. NOTICE The public is Invited to comment on the proposed Mitigated Negative Declaration during.the review period. February 22, 2017 Date of Determination Adopted By EXHIBIT L . D2-Pg98 RESOLUTION NO. 17-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2016-00466, A REQUEST FOR SITE PLAN AND ARCHITECTURAL REVIEW OF A 215,700 SQUARE FOOT WAREHOUSE BUILDING ON THREE PARCELS TOTALING 9.5 ACRES LOCATED ON THE WEST SIDE OF HICKORY AVENUE APPROXIMATELY 300 FEET SOUTH OF ARROW ROUTE IN THE GENERAL INDUSTRIAL (GI) DISTRICT-APN: 0229-171- 01, 0229-181-03 AND 0229-181-11 A. Recitals. 1. Oakmont Industrial Group, operating as HickoryAvenue Industrial Owner, L.P., filed an application for the approval of Design Review DRC2016-00466 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application." 2. On the 22nd day of February 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. 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 February 22, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property generally located on the west side of Hickory Avenue, south of Arrow Route; and b. The property has an area of about 413,853 square feet (9.5 acres) and is about 630 feet (east to west) by about 660 feet (north to south);'and C. The parcels are partially developed with small structures and are used for truck and truck trailer parking; and d. The property is bound on the west by several parcels that are partially developed with small structures and are used for truck and truck trailer parking. To the east, on the other side of the Hickory Avenue, is a San Bernardino County Flood Control channel and beyond that are a variety of residential and industrial structures within unincorporated San Bernardino County. To the north are several parcels which are either vacant, or are developed with legal, non -conforming single-family residences or small industrial businesses. To the south is a mostly vacant parcel that has been used intermittently for outdoor storage; and D2—Pg99 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 2 e. The zoning of the property and the properties surrounding the subject property to the north, west, and south is General Industrial (GI) District. The zoning of the properties to the east is Floodway (FW) and Community Industrial (IC) (San Bernardino County); and f. The applicant proposes to construct an industrial building of 215,700 square feet; and g. The proposed building will be of concrete tilt -up construction. The basic layout of the building will be typical for warehouse buildings. The primary (or long) axis for the building will be aligned north to south. The office areas will be located at the southeast and northeast corners of the building. There will be a dock loading/storage area with 21 dock doors located on the west side of the building; and h. The parking requirement for the project, based on the proposed mix of office and warehouse floor areas in the proposed building is 111 parking stalls; the project will have 112 parking stalls. The trailer parking requirement, based on a ratio of one stall per dock door, is 21 trailer parking stalls; the project will have 31 trailer parking stalls; and i. The proposed building will have a floor area of 215,700 square feet and the project site has an area of approximately 413,853 square feet. The calculated FAR for the project will be approximately 52 percent. Per Chapter 2, Figure LU-2 Land Use Plan of the General Plan, the maximum Floor Area Ratio (FAR) in the General Industrial (GI) land use category is 60 percent; and A review and request for approval of land uses are not included in this application. 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The proposal is to construct an industrial building of 215,700 square feet. The underlying General Plan designation is General Industrial (GI) District. b. The proposed development is compatible with the existing and proposed land uses in the surrounding area. The potential land uses that would be associated with this project are consistent with the land uses within the vicinity where it is located and the expectations of the community. The zoning of the property and all properties surrounding the subject property is General Industrial (GI) District, except for the property to the east which is within the County of San Bernardino and is zoned Floodway (FW). C. The proposed development complies with each of the applicable provisions of the Development Code. The proposed development complies with all standards outlined in the Development Code, including building and parking setbacks, average landscape depth, floor area ratio, parking, dock and storage area screening, landscape coverage, site planning, and architecture. d. The proposed project, 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 potential land uses that would be associated with this project are D2—Pg100 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 3 consistent with the land uses within the vicinity where it is located and the expectations of the community. The zoning of the property and all properties surrounding the subject property is General Industrial (GI) District. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to, for example, Aesthetics, Air Quality, Biological Resources, Greenhouse Gas Emissions, Hazards and Waste Materials, Noise, Transportation/Traffic, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission furtherfinds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore 'adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for site plan and architectural review of a 215,700 square foot industrial building on 9.5 acres of land located on the west side of Hickory D2=Pg101 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 4 Avenue approximately 300 feet south of Arrow Route in the General Industrial (GI) District; 0229-171-01, 0229-181-03 and 0229-181-11. Environmental Mitigation Air Quality 1) All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions. 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 4) Prior to issuance of building permits, the City Building Official shall verify that construction plans submitted by the project proponent reflect use of architectural coatings where the content of volatile organic compounds (VOC) does not exceed 50 g/I for internal and exterior non-residential applications. This measure shall be verified through standard building inspections. The applicant shall bear the cost of implementing this mitigation. 5) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 6) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 7) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 8) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. D2—Pg102 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 5 9) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 10)AII paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high -volume, low pressure spray. 11)All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on -site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 40.3 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 12) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 13) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 14) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 15) Provide preferential parking to high occupancy vehicles and shuttle "services. D2—Pg103 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 - OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 6 16) Schedule truck deliveries and pickups during off-peak hours. 17) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 18) Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 19) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 20) Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV- MISC to reduce emissions of restaurant operations. 21)AII industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). . 22) All industrial and commercial facilities shall designate preferential parking for vanpools. 23)All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 24)All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 25) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 26) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 27) All new development in the City of Rancho Cucamonga shall complywith South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. Biological 1) Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is D2-Pg104 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 7 occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occurwithin 300 feet of non -raptor nests, and within 5,000 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the.Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre -construction survey shall be provided to CDFW and the City. If the pre -construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre - construction survey, the site shall be resurveyed for owls. During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non -migratory resident burrowing owls during a pre -.construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. . • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife D2—Pg105 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 8 biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archeological sites, capping or covering site with soil, planning the site as a park or green space or paying an in -kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) Conduct Archaeological Sensitivity Training for Construction Personnel. The Applicant shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interior's Professional Qualifications and Standards, to conduct an Archaeological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resources professional with expertise in archaeology, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. The training session will include a handout and will focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of archaeological monitors, and the general steps a qualified professional D2—Pg106 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 9 archaeologist would follow in conducting a salvage investigation if one is necessary. 3) Cease Ground -Disturbing Activities and Implement Treatment Plan if Archaeological Resources Are Encountered. In the event that archaeological resources are unearthed during ground -disturbing activities, ground -disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes/Individuals should be contacted and consulted and Native American construction monitoring should be initiated. The Applicant and City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. 4) Monitor Construction Excavations for Archeological Resources in Younger Alluvial Sediments. The Applicant shall retain a qualified archaeological monitor, who will work underthe direction and guidance of a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's ProfessionalQualifications and Standards. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non -fill younger Pleistocene alluvial sediments. Multiple earth -moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the project archaeologist. 5) Prepare Report Upon Completion of Monitoring Services. The archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring. The report shall be submitted to the Applicant, the South Central Costal Information Center, the City, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA, and treatment of the resources. D2—Pg107 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 10 6) if any paleontological resource (i.e. plant or animal fossils) are encountered before orduring grading, the developerwill retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth -disturbing activities elsewhere until the monitor has completed salvage: If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. 7) Conduct Paleontological Sensitivity Training for Construction Personnel. The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, shall conduct a Paleontological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training will include a handout and will focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and, the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. 8) Monitor Construction Excavations for. Paleontological Resources is required at depths and strata's below 9-feet. The Applicant shall retain a qualified paleontological monitor, who will work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor shall be present during all construction excavations including, but not limited to grading, trenching, boring, and clearing/grubbing). Multiple earth -moving construction activities may require multiple paleontological D2—Pg108 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 11 monitors. The frequency of monitoring shall be based on the rate of excavation and grading. 9) Cease Ground -Disturbing Activities and Notify County Coroner If Human Remains Are Encountered. If human remains are unearthed during implementation of the Proposed Project, the City of Perris and the Applicant shall comply with State Health and Safety Code Section 7050.5. The City of Rancho Cucamonga and the Applicant shall immediately notify the County Coroner and no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). After the MLD has inspected the remains and the site, they have 48 hours to recommend to the landowner the treatment or disposal, with appropriate dignity, the 'human remains and any associated funerary objects. Upon the reburial of the human remains, the MLD shall file a record of the reburial with the NAHC and the project archaeologist shall file a record of the reburial with the CHRIS-SCCIC. If the NAHC is unable to identify a MILD, or the MLD identified fails to make a recommendation, or the landowner rejects the recommendation of the MILD and the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. Geology and Soils 1) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re -planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. D2—Pg109 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 12 Greenhouse Gas Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline -or diesel -powered engines where feasible. 5) Construction should be timed so as not to interfere with peak -hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. 9) Prepareacomprehensive water conservation strategy appropriate for the project and include the following: D2—Pg110 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 13 • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non - vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Hydrology and Water Quality 1') Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on -site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on -site and off -site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on -site or off -site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the D2—Pgl11 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 14 National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. 6) Prior to issuance of building permits, the applicantshall submitto the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on -site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by (Huitt-Zollars July 21, 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. Noise 1) Prior to issuance of grading permits, the Applicant shall submit a mitigation plan prepared by a qualified engineer or other acoustical expertfor review and approval bythe Planning Division that identifies the equipment list provided by the construction contractor, noise levels generated by proposed equipment, and noise control measures that can achieve reductions in construction -related noise levels. Construction - related noise levels shall be reduced to a maximum of 65 dBA at residential uses and 70 dBA at industrial uses. The mitigation plan may include use of sound curtains, engineered equipment controls, or other methods. Noise control requirements shall be noted on project construction drawings and verified by the Building Department during standard inspection procedures. 2) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a mannerwhich would cause a noise disturbance to residential areas. D2—Pg112 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 15 3) Limit construction activities to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. This mitigation measure must be implemented throughout construction and may be periodically monitored by the Planning Director, or designee during routine inspections. 4) Construction or grading shall not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at anytime on Sunday or a national holiday. 5) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 6) The perimeter block wall shall be constructed as early as possible in the first phase. 7) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF FEBRUARY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA MI ATTEST: Francisco Oaxaca, Chairman Candyce Burnett, Secretary D2—Pg113 PLANNING COMMISSION RESOLUTION NO. 17-14 DESIGN REVIEW DRC2016-00466 — OAKMONT INDUSTRIAL GROUP February 22, 2017 Page 16 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 22nd day of February 2017, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D2—Pg114 REPORT DATE: February 22, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Plannerr� INITIATED BY: Tom Grahn, Associate Planner SUBJECT: DEVELOPMENT AGREEMENT AMENDMENT DRC2017-00101 — 7418 ARCHIBALD, LLC - An amendment to Development Agreement DRC2014- 00610 between the City of Rancho Cucamonga and 7418 Archibald, LLC, to remove a statement providing for subordination of the Development Agreement to deeds of trust or liens securing financing of the project and ancillary modifications, for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD), which includes the development of a 24,641 square foot, 60-unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road; APN: 020803158. The City Council adopted a Negative Declaration of environmental impacts for this project on June 3, 2015. The California Environmental Quality Act provides that no further environmental review of Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. This item will be forwarded to the City Council for final action. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution recommending the City Council approve Development Agreement Amendment DRC2017-00101. 7nTy:(rl:11111111I1.U3 On May 13, 2015, the Planning Commission recommended the City Council adopt Development Agreement DRC2014-00610, General Plan Amendment DRC2014-00546, and Zoning Map Amendment DRC2014-00547, and approved Design Review DRC2014-00545, Minor Exception DRC2014-00713, Tree Removal Permit DRC2015-00275 contingent upon the City Council approval of the General Plan Amendment, Zoning Map Amendment, and Development Agreement applications. On June 3, 2015, the City Council approved General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, and Development Agreement DRC2014-00610. On June 17, 2015, the City Council heard the second reading of the Ordinances approving Zoning Map Amendment DRC2014-00547 and Development Agreement DRC2014-00610. Approval of Development Agreement DRC2014-00610 provided for the development of a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOW), including deviating from certain development standards for the proposed development of a 24,641 square foot, 60-unit, senior apartment complexion 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. Related applications include: General Plan D3—Pg1 PLANNING COMMISSION STAFF REPORT DAADRC2017-00101 — 7418 ARCHIBALD LLC February 22, 2017 Page 2 of 3 Amendment DRC2014-00546 amending the General Plan land use designation from Low (L) Residential to High (H) Residential; Zoning Map Amendment DRC2014-00547 amending the Zoning Map from the Low (L) Residential District to the High (H) Residential District and to establish a SHOZD; Design Review DRC2014-00545 requesting to develop a 24,641 square foot, 60-unit, three-story senior apartment complex on 2.25 acres of land in the High (H) Residential District (24-30 dwelling units per. acre); Minor Exception DRC2014-00713 requesting to increase the height of a combination retaining and garden wall height from 6 feet to 8 feet along the west and south property line; and Tree Removal Permit DRC2015-00275 requesting the removal of 3 heritage trees. Following the June 17, 2015, City Council action the applicant submitted to the California Tax Credit Allocation Committee (TCAC) to obtain low income tax credit financing for this affordable senior housing project. On February 17, 2016 the Successor Housing Agency approved an amendment to the Acquisition, Disposition, Development, and Loan Agreement (ADDLA) between the City and the Developer for this project to allow for the use of 4% low income housing tax credit financing. The Developer was unsuccessful in receiving a 9% low income tax credit and notified the City of its intent to pursue the 4% low income housing tax credit financing, which required a modification to the unit affordability due to a reduction in the amount of revenues to construct and manage the project. On August 24, 2016, the Planning Commission recommended the City Council approve Development Agreement Amendment DRC2016-00667. On September 21, 2016, the City Council approved Development Agreement Amendment DRC2016- 00667, and on October 5, 2016, the City Council heard the second reading of the Ordinance approving the amendment. ANALYSIS: A. Development Agreement Amendment DRC2017-00101: Proposed modifications to the Development Agreement (Attachment A to Planning Commission Resolution No. 17-15) include deleting the last sentence of Section 24 where the City had agreed that the terms of the agreement are subordinate to any such financing instrument and that the City shall execute from time to time any and all documentation reasonably requested by the Developer or Lender to effect such subordination. This clause was inadvertently copied from the Villa Pacifica I Development Agreement and should not have been part of the Villa Pacifica II Development Agreement. Additional ancillary modifications proposed by the applicant include modifying the rights of the lender in the event of a foreclosure sale of the property, and changing Section 8 as it relates to rental restrictions to tenant income categories. Proposed changes to rental restrictions in the event of a foreclosure sale will remove the lower income tenant categories (e.g., Extremely Low, Very Low, and Lower Income Qualified Tenants) so that all eligible tenants meet the Eighty Percent Income Qualified Tenant category, where tenant incomes do not exceed 80 percent of the area median income. The proposed Development Agreement Amendment only amends the terms of the agreement, not the actual development of the related senior apartment complex. Environmental Assessment: Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on June 3, 2015, in connection with the City's approval of Development Agreement DRC2014- 00610. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals D3—Pg2 PLANNING COMMISSION STAFF REPORT DAADRC2017-00101 —7418 ARCHIBALD LLC February 22, 2017 Page 3 of 3 of the same project. As discussed above, the proposed. Development Agreement Amendment deletes the last sentence of Section 24 (See Attachment A, page 8) where the City had agreed that the terms of the agreement are subordinate to any such financing instrument and that the City shall execute from time to time any and all documentation reasonably requested by Developer or Lender to effect such subordination. Accordingly, no substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. On June 3, 2015, the City adopted a Mitigated Negative Declaration regarding the proposed development of a 24,641 square foot, 60-unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. Accordingly, there have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, 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. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper in a large, and the property was posted. EXHIBITS: Exhibit - Development Agreement DRC2014-00610, Senior Citizens' Housing by and Between the City of Rancho Cucamonga and 7418 Archibald LLC (CO 15-122) Exhibit B - Development Agreement Amendment DRC2016-00667 Senior Citizens' Housing by and Between the City of Rancho Cucamonga and 7418 Archibald LLC (CO 15-122) Resolution of Approval for Development Agreement Amendment DRC2017-00101, with Attachment A - Second Amendment to Development Agreement DRC2014-00610 Senior Citizens' Housing by and between the City of Rancho Cucamonga and 7418 Archibald LLC (CO 15-122) CB:TG/Is D3—Pg3 RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA, 91729 Recorded in Official Records, County of San Bernardino 7/21/2016 BOB DUTTON 2:58 PM l caq.,} ASSESSOR — RECORDER —CLERK SG SAN % ``= P Counter Dos#; 2016-0292138 Titles: 1 Pages: 23 Fees 0.00 Taxes 0,00 0l ha_.- 5.00 ?P I 50. 00 DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZENS' HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC (.CO 15-122) Title of Document EXHIBIT A D3—Pg4 C°^�acrrro. DEVELOPNIENT AGREEMENT DRC2014-00610=tea SENIOR CITIZENS' HOUSING THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of the Effective Date by and between 7418 ARCHIBALD LLC, a California limited liability company ("Developer"), and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("City"). RECITALS A. California Government Code Sections 65864 et ss . authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. B. California Government Code Section 65915 provides that a city may, by agreement with a developer, grant a density bonus over that allowed by the maximum density established in the development code and land use element of the general plan when a developer agrees to construct housing for low income households. C. Developer has requested City to consider the approval of development agreement, with a density bonus, pertaining to that real property located entiMy within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is referred to as the Site." D. The Developer proposes to construct a senior housing residential project, including low income units, within the.City. Said project contemplated by Developer will require an increase in the maximum density as currently provided in the Senior Housing Overlay District. E. It is the desire of City to encourage developments designed to provide affordable rental units for senior residents of the City. In furtherance of that desire, the City is hereby willing to grant a density bonus to Developer as provided by the terms of this Agreement. F. Online, 17 , 2015, City adopted its Ordinance No.3dapproving this Development Agreement with Developer and said action was effective, on 7�7 2015. 1076�55'1639142.5 D3—Pg5 AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following temis shall have the following meaning: a. "40% Income Qualified Tenants" shall mean Qualified Tenants whose annual income does not exceed forty percent (40%) of the Area Median Income. b. "Affordable Rents" shall mean the total charges for rent, utilities, and related services to an Extremely Low Income Qualified. Tenant shall not exceed one -twelfth of thirty percent (30%) of Extremely Low Income, adjusted for household size; to a 40% Income Qualified Tenant shall not exceed one -twelfth of thirty percent (30%) of 40% of Area Median, adjusted for household size; and to a Very Low Income Qualified Tenant shall not exceed one -twelfth of thirty percent (30%) of Very Low Income, adjusted for household size. Initial rents for each unit shall be set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted annually by the same percentage that income has increased, if any, for an Extremely Low Income Qualified Tenant, a 40% Income Qualified Tenant and a Very Low Income Qualified Tenant, based on changes in the Area Median Income. Rents may be set at the California Tax Credit Allocation Committee allowable rents for a specific year for the comparable income categories of Qualified Tenants as specified in this Agreement. Tenants occupying units restricted by this Agreement shall be given at least thirty (30) days written notice prior to any rent increase. Examples of these affordable rent calculations are attached on Exhibit C. C. "Area Median Income" shall mean the median income for households in San Bernardino County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD,. or are not updated for a period of at least 18 months, the City shall use the income determinations used by the California Tax Credit Allocation Committee or alternatively the Owner shall establish income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. d. "City" is the City of Rancho Cucamonga, California. C. "Effective Date" shall mean the 31" calendar day following adoption of the ordinance approving this Agreement by City's'City Council. f. "Extremely Low Income Qualified Tenants" shall mean Qualified Tenants whose annual income does not exceed the qualifying limits as specified in California Health and Safety Code Section 50106, as amended. g. "Lower Income Qualified Tenants" shall mean Qualified Tenants whose annual income does not exceed the qualifying limits as specified in California Health and Safety Code Section 50079.5, as amended. 1076` 5311639141.5 D3—Pg6 h. "Project" is the development approved by City comprised of sixty (60) apartment units, recreational and common area facilities, sixty (60) parking spaces and other amenities on the Site, all as set forth more fully in the site plan for Environmental Assessment and Design Review DRC2014-00545 submitted by Developer and approved by City, a copy of which is attached hereto, marked as Exhibit "B" and is incorporated herein by this reference. The Project is subject to the conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. i. "Qualified Project Period" means the time period beginning with the date the certificate of occupancy is issued for the Project and continuing for fifty -fire (55) years thereafter. j. "Qualified Tenants" shall mean households consisting of a person who is 55 years of age or older and any qualified permanent residents under the applicable provisions of California Civil Code Section 51.3 and the federal Fair I lousing Act (except to the extent the Project utilizes federal finds whose programs have differing definitions for senior projects in which case those definitions will apply). k. "Very Low Income Qualified Tenants" shall mean Qualified Tenants whose annual income does not exceed the qualifying limits as specified in California Health and Safety Code Section 50105, as amended. 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Interest of Property Owner. Developer warrants and represents that it has entered into an escrow or other agreement by which it is to acquire full legal title to the real property of the Site and that it has full legal right to enter into this Agreement. 4. Binding Effect of Agreement. The Developer hereby subjects the development and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developer's successors and assigns in title or interest to the Development. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 5. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever. 6. Term of Agreement. The term of the Agreement shall commence on the Effective Date and shall expire fifty-five (55) years after the commencement of the Qualified Project Period, so long as Developer remains in material compliance with this Agreement, as from time to time amended. This Agreement shall be deemed to be terminated automatically if Developer does not 3 1076'55,1639142.5 D3—Pg7 obtain a Certificate of Occupancy for the entirety of the Project within five (5) years after the Effective Date, except to the extent this time frame is extended by the City Manager, or designee, in writing in his or her reasonable discretion. 7. Restrictions on Rental Units. During the tern of this Agreement, all tenants, occupants and residents shall be Qualified Tenants. However, it is expressly understood by the parties hereto that the Project has been specifically designed to meet the unique needs of senior tenants. The apartment units in the Project shall not be rented, occupied, leased or subleased to occupants who are not Qualified Tenants. S. Rental Requirements. During the Qualified Project Period, at least six (6) of the units in the Project shall be rented, leased or held available for Extremely Low Income Qualified Tenants at affordable rents; at least twelve (12) of the units in the Project shall be rented, leased or held available for40% Income Qualified Tenants at affordable rents; and at least eleven (11) of the units in Project shall be rented, leased or held available for Very Low Income Qualified Tenants at affordable rents. All other units in the Project shall be rented, leased or field available for Lower Income Qualified Tenants. 9. No Conversion. During the term hereof, all apartment units in the Project shall remain rental units. During the tern hereof, no apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council. 10. On -site Manager. A full-time manager shall be provided on the Project site. 11. Submission of Materials and Annual Review. Prior to occupancy, Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants, including the income restrictions on some of the units as set forth in this Agreement. On or before March 15 of each year following the commencement of the Qualified Project Period, the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following: a. Rent schedules then in effect, including utility charges (if any); b. A project occupancy profile; C. A description,of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways and recreational areas. City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice -is provided. City shall repair any damage and shall defend, indemnify and hold 1076'.55' 1639142.5 ti - Developer harmless from and against any claims, liabilities, damages, costs, expenses incurred by Developer relating in any way to City's inspections and investigations. 12. Tenant Selection. Contracts and Rules and Regulations. On receipt of applications for income restricted units, Developer shall determine the eligibility of the occupancy under the terms of this Agreement.Verification of tenant income eligibility shall include one or more of the following factors, or any other factors permitted by the California Tax Allocation Committee for the low income housing tax credit program: a. Obtain an income verification form from the Social Security Administration and/or the California Department of Social Services, if the applicant receives income from either or both agencies; b. Obtain an income tax return for the most recent tax year; C. Conduct TRW or similar financial search; d. Obtain an income verification from all current employers; and C. if the applicantis unemployed and has no tax return,.. obtain another form of independent verification. Developer shall be entitled to rely on the information contained in the application swom to by the applicant. All agreements for rental of all apartment units in the Project shall be in writing. The form of proposed rent or lease agreement shall be reviewed and approved by City prior to the commencement of the Qualified Project Period. Such agreement shall include all niles and regulations governing tenancy within the Project. 13. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an eviction under the following circumstances: a. The death of the sole tenant of the unit; b. By the tenant at the expiration of the term of occupancy or otherwise upon thirty (30) days' written notice; C. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. Any termination of a tenancy other than those listed above in this paragraph 13 shall constitute an eviction. Developer shall only evict compliance with the provisions of California law and then only for material noncompliance with the terms of the rental agreement. 14. Hazard Insurance. Developer shall keep the Project and all improvements thereon insured at all times against loss or damage endorsement and such other risks, perils or coverage as 1076t55%.1639142.5 D3—Pg9 Developer may determine. During the term hereof, the Project shall be insured to its hill insurance replacement value. 15. Maintenance Guarantee. Developer shall comply with all City maintenance standards enacted from time to time. 16. Standards and Restriction Pertainim! to Development of the Real Property. The following specific restrictions shall apply to the use of the Site during the term of this Agreement: a. Developer is required to obtain all necessary land use entitlements, approvals and pennits for the Project. Only residential uses of the real property shall be permitted in the Project; and C. The maximum density of residential dwelling units in the Project shall never greater than 30 dwelling units per acre. 17. Development Incentives. The City will grant Developer the following development incentives for development of the Project: a. Increase the maximum density on the site from 24 dwelling units per acre to 26.6 dwelling units per acre; and b. Decrease the required number of on -site parking spaces to a minimum ratio of 0.7 non -covered parking spaces per unit, however, the Developer will provide a minimum ratio of I non -covered parking spaces per unit. 18. Proicet Design Amenities for Senior Citizens. The Project open space, buildings and individual apartments shallbe designed with physical amenities catering to the needs and desires of the senior citizen residents. The following physical amenities shall be substantially included in the Project: a. Unit sizes shall be 693 square feet for I -bedroom residential units and 945 square feet for 2-bedroom residential units; b. Elevator service shall be provided to all upper story apartments; C. All common access areas in the Project such as entryways, walkways, and hallways will be wide enough to accommodate wheelchairs; d. The Project will meet all applicable current requirements for access and design imposed by law as administered by the City building and safety department, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title'24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps; and 1076`55,16391425 C. All units shall possess secured entryways off a common enclosed hallway; D3—Pg10 f. The Project is designed to encourage social contact by providing at least one common room (the Project community room) and at least some common open space (the Project's garden meeting spaces). 19. Indemnification. Developer agrees to and shall hold City and its elected officials, officer, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Developer agrees to and shall defend City and its elected officials, officers, agents and employees with respect to actions for damages caused or alleged to have caused by reason of Developer's activities in connection with the Project. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the sole negligence or willful misconduct of the City. 20. Amendments. This Agreement maybe amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Sections 65868 et sec. 21. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: a. If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; b. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 22. 22. Enforcement., In the event of a default under the. provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) at the address of the Project, and by registered or certified mail addressed to the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. After completion of the Project pursuant to the terms of this Agreement, any default may alternatively be enforced as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code. 23. No Wavier of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance 1076\551639142.9 D3—Pg1l by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default tmder.this Agreement shall be deemed to be a waiver of any othersubsequent breach thereof or default hereunder. 24. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, mortgages,' shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as"the trust deed"); C. Transfer, convey or assign the title of Developer to the Project to any Purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. The City agrees that the terms of this Agreement are subordinate to any such financing instrument and shall execute from time to time any and all documentation reasonably requested by Developer or Lender to effect such subordination. 25. Notice to Lender. City shall give written notice of any default or breach under this Agreement by property owner to Lender and afford Lender the opportunity after service of the notice to: a. Cure the breachor default within sixty (60) days after service of said notice, where the default can be cured by the payment of money; b. Cure the breach or default within sixty (60) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or C. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within sixty (60) days after said notice, provided that acts to cure the breach or default are I076'55N 639142.5 D3—Pgl2 commenced within a sixty (60) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 26. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the, encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. 27. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. Developer: 7418 Archibald LLC c/o Orange Housing Development Corporation 414 E. Chapman Avenue Orange, California 92866 with a copy to: C R C Development Co., LLC 14211 Yorba St., Ste. 200 Tustin, CA 92780 Attn: Todd Cottle City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91730 Attn: City Manager 28. Attomevs' Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 29. Bindine Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 30. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 31. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 107655 16391425 D3—Pgl3 32. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino, SIGNATURES ON FOLLOTTING PAGE 10 1076:55,1639142.5 D3—Pg14 IN WITNFSS'WHEREOF. this Agreement has been executed by the parties and shall be effective on the Effective Date set Imih herein. DEVELOPER: 7418 ARCHIBALD LLC. a California limited liability- compan% By: Orange Housing Development Corporation. a California nonprofit corporation. its member Eunice Bobett v Y'hief Executive Off -leer By: C&C Development Co., I,LC, a California limited liability company member CITY: CITY OF RANCHO CUC'AMONGA. a municipal corporation By: XlenLi; eCic ha e l —� - -- Mayor A'CTEST: s i& ani C'. Reynolds. City �Clcrk _ Todd R. Cottle, its member By: The Cottle Family "trust Dated 31811987. its member By: BVT.v A. C e, Trustee ustee APPROVED AS TO FORM: RICI LARDS, WATSON &: GERSHON i By: y �.,� City- Attorney 10765SA 63914' D3-Pgl5 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to ,,which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On l/ '/ A'lL' before me, Melissa Miller, Notary Public rt ra. n ..d u:e c re personally appeared (. I (',,I A i) I �-I l t� 1, iC, e 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose nama(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA MIL LEA WITNESS my hand and official seal. commission # 2141479 z i X N! Notary Public - California n z San Bernardino County Comm. Expires Fab 2, 2020 Notary Public Signature (Notary Public Seal) ADDITIONAL OF THE ATTACHED DOCUMENT (rfGe or descrptlon of aSached dcamenq (Title or d?scdp6on of a9zcFeddw:mentc rtirued) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tilde) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other T INSTRUCTIONS FOR COMPLETING THIS FORM Thtsform complies with current California statutes regarding notary wording and if needrel, should ba completed and gltached io thx docwment Acknowledgments front other states ntur he completed for documents being sent to that state so long at the a ording does not require the Cal fornla rtateiry to violate Caltfarma notary lam • State mid County information must be the State and County where the document signerts) personally appeared before the notary public for acknowledgment. • Date of noutnealion mutt be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization • indicate the correct singular or plural forms by crossing off incorrect forms ti.e. Fx„he'S'z?y,- ishew ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • the notary seal impression must be clear and photographically reproducible. Impression must not corer text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on rile with the office or the count) clerk. Additional information is not requirul but could help to ensure this acknowledgment is not misused or attached to a different document. Y Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document toal:e signed document with a staple D3—Pgl6 A notary public or other officer completing this certificate cerilies onlythe identitc of the individual who signed tha docuracnt to which this certificate is ittarlied. end not the truthfulnt ,, accura-y. or validity of that docttrnent. STAIT OF CALIFORNIA COUNTY OF On fl 24 , 2ors before mc. S+e k.w Edw. '�� _ � �, Notary Public, personally appeared'/,J�R.(aFl4 �, _A_ IN. f�.; c� dp6v+_wyho proved to me on the ha:is ofsatisfactory evidence to he the pers6n(s) %chose narne(s) iiare sub,cribed to tile N�ithin in;truinent and acknowledged to me that lie 914@'tlle} CSeCRted the saute in Wsk ,their authorized capacity(ies), and that by h thcir signatttre(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT iNFSS my hand and official seat. ed bib slim 21"MY MADS Corn Mim m12059013 -i Holary;btit • C91i3orni9 z ";?- Or3ny�s Courty My Comm. Expires Feb 23.2018+ ru76:i 1639142.5 \ame: ..o NotaryPublicPublic D3—Pg17 EXHIBIT "A" SITE LEGAL DESCRIPTION THE. LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS, FOLLOWS: The North 160 feet of the South 1/2 of Lot I, Section 3, Township 1 South, Range 7 West, San Bernardino Base and Meridian according to the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per Map recorded in Book 4 Page 9 of Maps, in the office of the County Recorder of said County. EXCEPT the East 45 feet thereof conveyed to the County of San Bernardino, a body corporate in the Deed recorded March 19, 1965, in Book 6352, Page 952, of Official Records. APN: 0208-031-58-0-000, 0208-031-59-0-000 A-1 1076`55.1639143.5 D3—Pg18 EXHIBIT "C•' EXAMPLE I\CO.%1l: AND AFFORDABLE RENT CALCULATIONS Examples of the maximum incomes and Affordable Rents for different income level; as restricted under this Agreement are shown on the following charts which are the maximum incom: le els and rents published by the California Tax Credit Allocation Committee for 2015 for projects placed in service after March 6. 2015. These charts are for illustrative purposes only and the actual maximum incomes and Affordable Rents will be based on the charts published by the California Tax Credit Allocation C'omnlittce for each year after the Project is placed in service. ..11AXINIUM INCOMES R-rAaed per HUE) P ftt, CALIEORNA i'AX CREW ALLOCATION COMMITTEE Etlecave: March 61 2015 2015 MlaMMUM Income Levels For 1'1cSF as Pbreci in SwWCP. on or after 3.W2015 lCounty Per5nn Person Person Person Person Person Person Persons 00% Income Level 543,500 549,700 $55,900 $62,100 567,100 $72,100 $77.100 $82.000 0% Income Level $26,100 $29,820 $33.540 $37,260 $40.260 $43,260 $46,260 $49,200 5% Income Level $23 925 527,335 $30.745 $34,155 $36,905 $39,655 $42.405 $45.100 0% Income Level $21.750 524,850 $27.950 $31,050 $33.550 $36.050 $38,650 $41,000 5% Income Leral $19,575 VZ365 $25.155 $27,945 $30,195 $32,445 $34,695 $36,900 0% Income Leval $17,400 $19,880 $22,350 $24,840 $26.840 $28,843 $30,840 $32.800 6°% Income Level $15,225 S17,395 $19.565 $21,735 $23,485 $25,235 $26,985 $28,700 0% Income Leval $13.050 514,910 $16,770 $18,630 $20,130 $21,630 $23,130 $24,600 107,655 16391425 D3-Pgl9 AFFORDABLE RENTS Revised per NOD Notice CALIFOPMATAX CREDIT ALLOCATION COMMITTEE Effective: March 6.2015 2015 Maximum Rents icr Projects From Ceilings Post-1989 and 7ho a from the Fie-1990 Cei _,a That Elected with the Secretary of the Treasury' to use tine Poat-1989 Rents '(See JFG Section 42-SL-tia,n 13142(c) of the Omnibus'Budget Peconc Youdn Act OF 199.1) ForPrnjecrs Placed in Service oil or afar 3/6/2015 County EffirienCK-- 1 BR - 2 BR 3 BR 4 BR 5 BR SAN BERNARDINO 100%Income Level $1,086 $1,164 $1,396 $1,614 $1,802 $1,988 60%Income Level $652 $699 $838 $969 $1,081 $1,193 55%Income Level $598 $640 $768 $888 $991 $1,093 50%Income Level $543 $582 $696 $807 $901 $994 45% Income Level $489 $524 $628 $726 $811 $894 40%Income Level $435 $465 $559 $646 $721 $795 35%Income Level $380 $407 $489 $565 $630 $696 30%Income Level. $326 $349 $419 $484 $540 $596 C-2 1076 55 1639142.5 D3-Pg20 EXHIBIT "B" SITE PLAN lattachedl B-1 1076' 551639142.5 D3—Pg21 I I I I I� I �1=ldd tl0.17= oad III avm ]r r I Di`(7d ails - _I;Ii A I♦ P —1 i U D3-Pg22 RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA and WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA, 91729 Electronically Recorded in Offcia' Records. County of San Bernardino BOB DUTTON ASSESSOR - RECORDER - CLERK ` 31A City Clerk's Office RC Doc 9: 2016-0412012 Titles: i IIIIIIIIIIIIIIIIIII�III IIIIIII other _ PAID Exempt from Recording Fee per Government Code 6103 FIRST AMENDMENTTO DEVELOPMENT AGREEMENT DRC 2014.00610 SENIOR CITIZENS' HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC (CO 15-122) Title of Document CITY OF RANCHO CUCAMONGA OCT 0 6 20% RECEIVED - PLANNING 10/04/2016 10:22 AM FV Pages: 7 a0 .00 .00 _ .00 EXHIBIT B D3—Pg23 FIRST AMENDMENT TO DEVELOP MENT AGREE MENT DRC 2014-00610 SENIOR CITIZEN'S HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC THIS FIRST AMENDMENT TO DEVELOPMENT //AGREEMENT ("First Amendment") is made and entered into as of this J� day ofiC`)7e2016, by and between 7418 ARCHIBALD, LLC, a California limited liability company ("Developer") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("CITY") RECITALS A. On June 17, 2015 the City Council adopted Ordinance 876 approving a Development Agreement ("Development Agreement") with the Developer, recorded on July 21, 2016 with a document number of 2016-0292138, which provided for the development of 59 affordable senior housing units with one manager's unit located at 7418 Archibald Avenue which consists of two parcels of land totaling 2.25 acres in the City of Rancho Cucamonga. B. On February 17, 2016 the City of Rancho Cucamonga, as Successor Housing Agency to the Rancho Cucamonga Redevelopment Agency, approved an amendment to the Acquisition, Disposition, Development, and Loan Agreement ("ADDLA") between the City and the Developer for this affordable senior housing project to allow for the use of 4% low income housing tax credit financing, along with other financing resources, should the Developer be unsuccessful in securing a 9% low income housing tax credit from the California Tax Credit Allocation Committee ("TCAC"). The use of 4% low income tax credits for the project required a modification to the unit affordability due to a reduction in the amount of revenues to construct and manage the project. This income affordability modification was included in the amendment to the ADDLA. C. The Developer was unsuccessful in receiving a 9% low income tax credit approval in March 2016 and has notified the City of its intent to pursue the 4% low income housing tax credit financing. D. The purpose of this First Amendment is to modify the affordability requirements included in the Development Agreement for the project as a result of the change in tax credit financing. E. Capitalized terms used, but not defined, in this First Amendment shall have the meaning set forth in the Development Agreement. 1076155U 927081.2 D3—Pg24 AMENDMENT 1. Section l.a. shall be deleted in its entirety. 2. Section 1.b. shall be deleted and replaced with: b. "Affordable Rents" shall mean the total charges for rent, utilities and related services that are no greater than that considered as "affordable rent' for low-income households, adjusted for family size appropriate to the unit, pursuant to Section 50053 of the California Health and Safety Code, as amended, or any successor statute thereto. The maximum housing cost for the Qualified Tenant for each of the income levels set forth in this Agreement must comply with the regulations promulgated by the CaliforniaDepartment of Housing and Community Development Sections 6910-6932 in Title 25 of the California Code of Regulations, to the extent such regulations govern density bonuses and other incentives pursuant to Section 65915 of the Government Code. Initial rents for each unit shall be set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted annually by the same percentage that Area Median Income has increased, if any, for an Extremely Low Income Qualified Tenant, a Very Low Income Qualified Tenant and a Lower Income Qualified Tenant. Rents may be set at the California Tax Credit Allocation Committee allowable rents for a specific year for the income categories of Qualified Tenants as specified in this Agreement. Tenants occupying units restricted by this Agreement shall be given at least thirty (30) days written notice prior to any rent increase. Examples of these affordable rent calculations are attached on Exhibit C. 3. Section 8. Rental Requirements. shall be deleted in its entirety and replaced with: Section 8. Rental Requirements. During the Qualified Project Period, at least: a. Five (5) of the units shall be rented, leased or held available for Extremely Low Income Qualified Tenants whose income does not exceed thirty percent (30%) of the Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. b. Seven (7) of the units shall be rented, leased or held available for Very Low Income Qualified Tenants whose income does not exceed fifty percent (50%) of the Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. c. Seventeen (17) of the units shall be rented, leased or held available for Lower Income Qualified Tenants whose income does not exceed sixty percent (60%) of the 1076\55\1927081 2 D3—Pg25 Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. d. All other units, excluding one manager's unit, in the Project shall be rented, leased or held available for Lower Income Qualified Tenants. Each unit must be occupied by a Senior Household as its primary residence, and shall not be sublet. 4. Except for the modifications expressly made herein, the Development Agreement remains unmodified and in full force and effect. 5. Pursuant to Section 65868.5 of the Government Code, the Parties shall mutually assure that a copy of this First Amendment is recorded against the Site, with the County Recorder of San Bernardino County within 10 days after the effective date of the Ordinance approving this First Amendment. SIGNATURES ON FOLLOWING PAGE 107e\55u92908i D3—Pg26 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein. DEVELOPER: 7418 ARCHIBALD LLC, a California limited liability company By: Orange Housing Development Corporation, a California nonprofit corporation, its member By: Eunice Bobert Chief Executive Officer By: C&C Development Co., LLC, a California limited liability company, its member By: Todd R. Cottle, its member By: The Cottle Family Trust Dated 3/8/1987, its member By: A,_ 'Barry A. Cott , Trustee CITY: CITY OF RANCHO CUCAMONGA, a municipal corporation By: / L. Dennis Michael Mayor ATTEST: nice C. Reynolds, City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: �+wj City Attorney 1076\55\1927081.2 D3—Pg27 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Se"4k4nerdfntr On '5P'N() - Da 'l ntO , before me, c,\&WIJOT itD , (insgrt name and title of the officer) Notary Public, personally appeared ToTlb '(L... C-c*kA � 1 zkep( A - (SIT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to the within instrument and acknowledged to me that he/she/Cie xecuted the same in his/he thei authorized capacity(ies), and that by his/her their ignature(s) on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) JOE 2 Commission lon 0 2126028 *MY Notary Public - California Orange County Comm. ExDirss Sao 26.2019 1076155\1927081 D3—Pg28 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San-8ea fdrna— p(l rC ) On _W'Mi , c'ki'AMV before me, JftU6 J1P (insert namepnd title of the officer) Notary Public, personally appeared 66AW1 , who proved to me on the basis of satisfactory evidence to be the person whose name(s) are subsc �^4d to the within instrument and acknowledged to me tha(h he/they executed the same ir( isb her/their authorized capacity(), and that by 4LsMl er/their signatureA on the instrument the personIV), or the entity upon behalf of which the persol 4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ----------------- rA JOAfN1E NO CanMpbn i 2128028 @My Nohry PvW - California OrMV County Cann ExogsS 26,20t9 10M55\1927081.2 D3—Pg29 RESOLUTION NO. 17-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO APPROVE AN AMENDMENT TO DEVELOPMENT AGREEMENT DRC2014-00610 BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD, LLC, TO REMOVE - A STATEMENT PROVIDING FOR SUBORDINATION OF THE DEVELOPMENT AGREEMENT TO DEEDS OF TRUST OR LIENS SECURING FINANCING OF THE PROJECT, AND ANCILLARY MODIFICATIONS, FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY ZONING DISTRICT (.SHOZD), INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS, FOR THE DEVELOPMENT OF A 24,641 SQUARE FOOT, 60-UNIT SENIOR APARTMENT COMPLEX ON 2.25 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 0208-031-58 AND 0208-031-59. A. Recitals 1. The applicant, 7418 Archibald, LLC; filed an application for Development Agreement Amendment DRC2017-00101, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On the 13th day of May 2015, the Planning Commission adopted Resolution No. 15- 35 recommending the City Council approve Development Agreement DRC2014-00610 for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD), including deviating from certain development standards, for the development of a 24,641 square foot, 60-unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. 3. On the 3rd day of June 2015, the City Council approved Development Agreement DRC2014-00610. 4. On the 17th day of June 2015, the City Council adopted Ordinance No. 876 for Development Agreement DRC2014-00610. 5. On the 24th day of August 2016, the Planning Commission adopted Resolution No. 16- 47 recommending the City Council approve for Development Agreement Amendment DRC2016- 00667 to allow for a reduction in the percentage of tax credit financing and to modify unit affordability for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD). 6. On the 21st day of September 2016, the City Council approved Development Agreement Amendment DRC2016-00667. D3—Pg30 PLANNING COMMISSION RESOLUTION NO. 17-15 DRC2017-00101 — 7418 ARCHIBALD, LLC February 22, 2017 Page 2 7. On the 3rd day of October 2016, the City Council adopted Ordinance No. 896 for Development Agreement. Amendment DRC2016-00667 to allow for a reduction in the percentage of tax credit financing and to modify unit affordability. 8. The purpose of this Amendment is to modify the Development Agreement to remove the last sentenced of Section 24 as it pertains to subordination of the Development Agreement to deeds and of trust or liens securing financing of the project. 9. On the 22nd day of February 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 10. The subject property of the Development Agreement Amendment is legally described herein. 11. A true and correct copy of the proposed Development Agreement Amendment is attached as Attachment "A" to this Resolution. 12. 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. This Commission tiereby specifically finds that the Development Agreement Amendment and each and every term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga based on the following findings: a. The proposed Development Agreement Amendment is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans; and b. The proposed Development Agreement Amendment is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice; and C. The proposed Development Agreement Amendment will not be detrimental to the health, safety, and general welfare of the City; and d. The proposed Development Agreement Amendment will not adversely affect the orderly development of property or the preservation of property values. 3. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on June 3, 2015, in connection with the City's approval of Development Agreement DRC2014-00610. 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. The D3—Pg31 PLANNING COMMISSION RESOLUTION NO. 17-15 DRC2017-00101 — 7418 ARCH IBALD, LLC February 22, 2017 Page 3 proposed Development Agreement Amendment deletes the last sentence of Section 24 (See Attachment A, page 8) where the City had agreed that the terms of the agreement are subordinate to any such financing instrument and that the City shall execute from time to time any and all documentation reasonably requested by Developer or Lender to effect such subordination. Accordingly, no substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. On June 3, 2015, the City adopted a Mitigated Negative Declaration regarding the, proposed development of a 24,641 square foot, 60-unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. Accordingly, there have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, 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. 4. This Commission hereby recommends approval of the Development Agreement Amendment attached hereto as Attachment "A" with the special condition which follows: a. The final draft of the Development Agreement Amendment shall be reviewed and accepted by the City Attorney prior to approval by City Council. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF FEBRUARY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA MR ATTEST: Francisco Oaxaca, Chairman Candyce Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of February 2017, by the following vote -to -wit: D3—Pg32 PLANNING COMMISSION RESOLUTION NO. 17-15 DRC2017-00101 — 7418 ARCHIBALD, LLC February 22, 2017 Page 4 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D3—Pg33 DRAFT RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 Attn: City Clerk IIBLq Exempt from Recording Fee per Government Code 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZENS' HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC (CO 15-122) ?c RBso n/o. /7-/s ATTACHMENT A -I- 11231-0001L039716v Ldoc 4850-6866-5410v.1 4900000-001905 D3-Pg34 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZENS' HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC (CO 15-122) THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is made and entered into as of March 15, 2017, by and between 7418 ARCHIBALD, LLC, a California limited liability company ("Developer") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("CITY"). RECITALS A. On June 17, 2015 the City Council adopted Ordinance 876 approving a Development Agreement ("Development Agreement") with the Developer, recorded on July 21, 2016 with a document number of 2016-0292138, which provided for the development of 59 affordable senior housing units with one manager's unit located at 7418 Archibald Avenue which consists of two parcels of land totaling 2.25 acres in the City of Rancho Cucamonga. B. In October, 2016, said Development Agreement was amended by a First Amendment to Development Agreement (the "First Amendment"). Said Development Agreement, as so amended, is hereinafter referred to as the "Development Agreement". C. Developer and City now desire to further amend the Development Agreement to remove one sentence therein that provided for subordination of the Development Agreement to deeds of trust or liens securing financing for the project. D. Capitalized terms used, but not defined, in this Second Amendment shall have the meaning set forth in the Development Agreement. AMENDMENT 1. Section 24.d. of the Development. Agreement is hereby amended and restated and replaced in its entirety with the following: "d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed or a deed in lieu of foreclosure (`Foreclosure Remedy') and assign its rights as Developer to a subsequent purchaser following a Foreclosure Remedy such that such subsequent purchaser would acquire and succeed as Developer under the Development Agreement." The last sentence of Section 24 of the Development Agreement is hereby deleted. Rental Restrictions following Foreclosure Remedy by First Lienholder. -2- 11231-000(120397I6v I.doc 4850-6866-541Ov.1 4900000-001905 D3—Pg35 a. In connection with the construction financing for the Project, Developer is executing a deed of trust in favor of Bank of America, N.A., a national banking association ("Initial First Lienholder") securing a construction loan to Developer ("Construction Loan"), which shall be an encumbrance against the Site ("Initial First Lien"). Initial First Lienholder shall, upon the satisfaction of certain teens and conditions set forth in that certain Loan Purchase Agreement among Developer, Initial First Lienholder and California Community Reinvestment Corporation ("CCRC"), assign its rights under the Initial First Lien to CCRC. As used herein, "First Lienholder" shall mean each of (i) the Initial First Lienholder and its successors and assigns as the holder of the note secured by the First Lien, including, but not limited to, CCRC; and (ii) any holder of any new mortgage debt which is extended in whole or in part to refinance or replace all or any part of the Initial First Lien, so long as such new mortgage debt has a principal amount not in excess of the maximum amount of the Construction Loan secured by the Initial First Lien plus customary protective advances. b. From and after the exercise of a Foreclosure Remedy by First Lienholder, the rental restrictions set forth in Section 8 of the Development Agreement (as amended by the First Amendment) shall automatically be amended and restated and replaced with the following: "8. Rental Restrictions. During the Qualified Project Period, all units in the Project (other than one unrestricted manager's unit) shall be rented, leased or held available for Qualified Tenants whose annual income does not exceed eighty percent (80%) of Area Median Income (`Eighty Percent Income Qualified Tenants') at affordable rents as published by the California Tax Credit Allocation Committee for each year for a specific year for Eighty Percent Income Qualified Tenants." -3- 11231-0001\2039716v Ldoc 4850-6866-5410V.1 4900000-001905 D3—Pg36 IN WITNESS WHEREOF, this Agreement has been executed by the parties. DEVELOPER: 7418 ARCHIBALD LLC, a California limited liability company By: Orange Housing Development Corporation, a California nonprofit corporation, its member In Eunice Bobert Chief Executive Officer By: C&C Development Co., LLC, a California limited liability company, its member M Todd R. Cottle, its member By: The Cottle Family Trust Dated 3/8/1987, its member CITY: CITY OF RANCHO CUCAMONGA, a municipal corporation By: Print Name: Mayor ATTEST: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Barry A. Cottle, Trustee By: -4- 11231-0001\2039716v Ldoc 4850-6866-5410v.1 4900000-001905 D3—Pg37 James Markman, City Attorney A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On before me, , (insert name and title of the officer) Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and.correct. WITNESS my hand and official seal. (Seal) -5- 11231-0001\2039716vl.doc D3—P 38 4850-6866-541Ov.1 4900000-001905 g A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On before me, , (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify.under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ®. 11231-0001\2039716v1.doc 4850-6866-5410v.1 4900000-001905 D3—Pg39