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Home My WebLink About2015-05-13-Agenda Packet-PC-HPC t J • THE CITY OF RANCHO CUCAMONGA THE REGULAR MEETINGS OF RaivCHO CIIC tONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION MAY 13, 2015 - 7:00 PM Rancho Cucamonga Civic Center COUNCIL CHAMBERS 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER • Pledge of Allegiance Roll Call Chairman Wimberly_ Vice Chairman Oaxaca Munoz_ Howdyshell_ FletcherFIF _ II. PUBLIC COMMUNICATIONS This is the time and place 1br the general public to address the Historic Preservation Commission or the Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic Preservation Commission or the Planning Commission from addressing any issue not previously included on the Agenda. The Historic Preservation Commission or the Planning 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 desiring to speak. All communications are to be addressed directly to the Historic Preservation Commission or Planning Commission, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. III. CONSENT CALENDARAMSTORIC PRESERVATION • COMMISSION AND PLANNING COMNIISSION HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA ;4= O MAY 13, 2015 icA Page 2 A. CONSIDERATION OF MINUTES DATED APRIL 22, 2015 IV. DIRECTOR'S REPORTS/PLANNING COMMISSION B. CONSIDERATION AND DISCUSSION OF THE CIRCULATION MASTER PLAN (CMP) FOR BICYCLISTS AND PEDESTRIANS V. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required bylaw. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. C. CONDITIONAL USE PERMIT(MODIFICATION)DRC2015-00227-HWS BAR AND GRILL- A request to modify Conditional Use Permit 87-06 and Conditional Use Permit(Modification) DRC2013-01025 to increase the floor area by 1,200 square feet for a restaurant with a bar within the Neighborhood Commercial(NC)Development District, located at 974019th Street -APN: 1076-011-10. This action is categorically exempt from the California Environmental Quality Act(CEQA)pursuant to State CEQA Guidelines Section 15301 -Existing Facilities. D. ENTERTAINMENT PERMIT(MODIFICATION)DRC2015-00228-HK'S BAR AND GRILL- A request to modify Entertainment Permit DRC2013-01027 in order to increase the floor area by 1,200 square feet for a restaurant with a bar that provides entertainment within the Neighborhood Commercial (NC) Development District, located at 974019th Street—APN: 1076-011-10. This action is categorically exempt from the California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15301 - Existing Facilities. E. TIME EXTENSION DRC2015-00239—LIFEWAY CHURCH MINISTRIES-A request for a one-year time extension of Conditional Use Permit DRC2006-00926 for Lifeway Church to construct the remaining phases of the previously approved Master Plan, including a 15,000 square foot, two-story classroom wing and a 10,074 square foot multi-purpose hall for property located within the Low Residential District at 7477 Vineyard Avenue-APN: 0208- 921-36. On April 24, 2002, a Mitigated Negative Declaration of environmental impacts was adopted by the Planning Commission for Conditional Use Permit DRC2001-00439. 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. F. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2014-00546 —7418 ARCHIBALD, LLC-A request to amend the General Plan land use designation from HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA CAH MAY 13, 2015 Page 3 Low(L) Residential to High (H) Residential for 2.25 acres of land, located on the west side of Archibald Avenue, south of Base Line Road; APN: 0208-031-58 and 0208-031-59. Related Files: Design Review DRC2014-00545,Zoning Map Amendment DRC2014-00547, Development Agreement DRC2014-00610, Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. This item will be forwarded to the City Council for final action. G. ENVIRONMENTAL ASSESSMENT AND ZONING MAP AMENDMENT DRC2014-00547— 7418 ARCHIBALD, LLC-A request to amend the Zoning Map from Low(L) Residential to High(H)Residential and to establish a Senior Housing Overlay Zoning District(SH)for 2.25 acres of land, located on the west side of Archibald Avenue, south of Base Line Road;APN: 0208-031-58 and 0208-031-59. Related Files: Design Review DRC2014-00545, General Plan Amendment DRC2014-00546, Development Agreement DRC2014-00610, Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. This • item will be forwarded to the City Council for final action. H. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT DRC2014-00610- 7418 ARCHIBALD, LLC — A Development Agreement between the City of Rancho Cucamonga and 7418 Archibald, LLC,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; APN: 0208-031-58 and 0208-031-59. Related Files: Design Review DRC2014-00545, General Plan Amendment DRC2014-00546,Zoning Map Amendment DRC2014-00547, Minor Exception DRC2014-00713,and Tree Removal Permit DRC2015-00275. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. This item will be forwarded to the City Council for final action. I. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2014-00545 - 7418 ARCHIBALD, LLC-The request to develop a 24,641 square foot,60-unit,three-story senior . apartment complex on 2.25 acres of land in the Low (L) Residential District (2-4 dwelling units per acre) (the associated General Plan Amendment and Zoning Map Amendment applications propose the High(H)Residential District(24-30 dwelling units per acre)and the Zoning Map Amendment also proposes establishing the Senior Housing Overlay Zoning District (SH) on the project site), located on the west side of Archibald Avenue, south of Base Line Road; APN: 0208-031-58 and 0208-031-59: Related Files: General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, Development Agreement DRC2014-00610, Minor Exception DRC2014-00713,and Tree Removal Permit • DRC2015-00275. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. i HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA dcm MAY 13, 2015 °N°" Page 4 J. MINOR EXCEPTION DRC2014-00713-7418 ARCHIBALD, LLC-A request 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 of a proposed 24,641 square foot, 60-unit, three-story senior apartment complex on 2.25 acres of land in the Low (L) Residential District (2-4 dwelling units per acre) (the associated General Plan Amendment and Zoning Map Amendment applications propose the High(H)Residential District(24-30 dwelling units per acre)and the Zoning Map Amendment also proposes establishing the Senior Housing Overlay Zoning District (SH) on the project site), located on the west side of Archibald Avenue, south of Base Line Road; APN: 0208-031-58 and 0208-031-59. Related Files: Design Review DRC2014-00545, General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, Development Agreement DRC2014-00610, and Tree Removal Permit DRC2015-00275. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. K. TREE REMOVAL PERMIT DRC2015-00275 - 7418 ARCHIBALD, LLC - The request to remove 14 trees, including 3 heritage trees, for the development of a.24,641 square foot, 60-unit, three-story senior apartment complex on 2.25 acres of land in the Low (L) Residential District(2-4 dwelling units per acre)(the associated General Plan Amendment and Zoning Map Amendment applications propose the High (H)Residential District(24-30 dwelling units per acre) and the Zoning Map Amendment also proposes establishing the Senior Housing Overlay Zoning District(SH)on the project site), located on the west side of Archibald Avenue, south of Base Line Road;APN: 0208-031-58 and 0208-031-59. Related Files: Design Review DRC2014-00545, General Plan Amendment DRC2014-00546,Zoning Map Amendment DRC2014-00547, Development Agreement DRC2014-00610,and Minor Exception DRC2014-00713. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. VI. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COWUSSION L. INTER-AGENCY UPDATES M. COMMISSION ANNOUNCEMENTS VII. ADJOURNMENT , J .. • 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee,hereby certify that a true, accurate copy of the foregoing agenda was posted on May 7, 2015, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, 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. 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$2,533 for all decisions of the Commission. (Fees are established and governed by the City Council). Please tum 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. • VicinityMap Historic Preservation and Planning Commission Meeting MAY 13 , 2015 j � I I rl lrji C 1 � 1 g 19th Sty � AP ZA I IT 't .% Base Line ' Base Line r f Church y Church Foothill-� -JL Foothill N L ! OPW y Arrow ■ /fEw Arnow J rse.y 8th o� w i m 6thw 9 /1 E Q _ _ 4th L Meeting Location: F-K City Hall/Council Chambers 10500 Civic Center Driv- Item A: Consideration of Regular Meeting Minutes dated April 22, 2014 Item B: Circulation Master Plan/Bicyclists and Pedestrians(citywide) Items C-D: HK's Bar and Grill DRC2015-00227&228 Item E: Time Extension Lifeway Churc DRC2015-00239 Items F-K: 7418 Archibald Avenue(GPA,ZMA, DA, DR, ME,&TRP) Vicinity Map Historic Preservation and Planning Commission Meeting MAY 13 , 2015 --------------------------- ------------------ E a c i t E d i a ci -4= d I V) ; U I I t A � d 19th St i i Pill Base Line /Base J Church Church Foothill Foothill N E ) d Arrow E I Arrow i mey t i 8th w 6 y c 6th w C-D Y E 4th r a = _ 4th * Meeting Location: F-K City Hall/Council Chambers 10600 Civic Center Dri— Item A: Consideration of Regular Meeting Minutes dated April 22, 2014 Item B: Circulation Master Plan/Bicyclists and Pedestrians (citywide) Items C-D: HK's Bar and Grill DRC2015-00227 & 228 Item E: Time Extension Lifeway Churc DRC2015-00239 Items F-K: 7418 Archibald Avenue (GPA, ZMA, DA, DR, ME, &TRP) • THE CITY OF RANCHO CUCAMONGA THE P41NUTES OF �►NCHo (aUCAMONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION APRIL 22, 2015 - 7:00 PM Rancho Cucamonga Civic Center COUNCIL CHAMBERS 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance 7:00 PM Roll Call Chairman Wimberly X Vice Chairman Oaxaca X Munoz X Howdyshell X Fletcher A Additional Staff Present: Candyce Burnett, Planning Director; Steven Flower, Assistant City Attorney, Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; Mike Smith, Associate Planner; Tabe van der Zwaag, Associate Planner Two students from Los Osos High School were also in attendance. IF II. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or the Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic Preservation Commission or the Planning Commission from addressing any issue not previously included on the Agenda. The Historic Preservation Commission or the Planning 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 desiring to speak. All communications are to be addressed directly to the Historic Preservation Commission or Planning Commission, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. Plone Item A-1 , T. r HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION WNUTES R*HO APRIL 22, 2015 Page 2 III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION A. Consideration of minutes dated April 8, 2015 Moved by Munoz seconded by Oaxaca, carried 4-0-1 (Fletcher absent) to adopt the Consent Calendar. IV. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/orposted 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 for each project Please sign in after speaking. ' B. DESIGN REVIEW DRC2014-00745 — KARISH ARCHITECHTS —A request for site plan and architectural review of a 15,821 square foot office/warehouse/manufacturing building on a .89 acre project site located within the General Industrial (GI) Zoning District on the southeast corner of Hellman Avenue and Feron Boulevard-APN: 0209-032-57.This action is categorically exempt from the California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15332—In-Fill Development Projects. Tabe van der Zwaag, Associate Planner, gave a brief PowerPoint presentation (copy on file). Bruce Karish stated he is the applicant and stated Mr. van der Zwaag did a thorough and complete job during the process. Chairman Wimberly opened the public hearing. Seeing and hearing none, Chairman Wimberly closed the public hearing. Commissioner Munoz said it is a good project, with good design, and it checked off all the main items such as street improvements, land use, parking, etc. Commissioner Howdyshell said it is a straightforward application and that the applicant.did a great job on the design and embellished landscaping. Commissioner Oaxaca concurred and said he is happy with the design and they did a good job at DRC. He offered his support. Item A-2 r HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION �V NUTES CaoAAPRIL 22, 2015 NrA Page 3 Chairman Wimberly concurred and said the design is fantastic and it will enhance the location. ,',,loved by Howdyshell, seconded by Munoz, carried 4-0-1 (Fletcher absent) to adopt the Resolution of Approval for Design Review DRC2014-00745. C. DEVELOPMENT REVIEW DRC2013-00914 — JWDA - A review of six (6) single-family homes that will be constructed in conjunction with a previously approved subdivision in the Low(L)Residential District located about 200 feet south of Wilson Avenue on the east side of Winchester Court-APNs: 0201-182-36, -37, and-38. Related file: Tentative Tract Map SUBTT18391. On November 10, 2010, a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Tract Map SUBTT18391. Per Section 15162, no further environmental review is required for subsequent projects or minor revisions to projects within the scope of a previous Mitigated Negative Declaration. Mike Smith, Associate Planner, presented the staff report and gave a PowerPoint presentation (copy on file). Chairman Wimberly asked if the building materials were reviewed at the DRC. Mr. Smith said the project was reviewed by the DRC in December, 2014 that included the building materials. He noted they are the same. Michael Sun stated he is the architect for JWDA. He said he worked closely with staff for several months. He thanked staff for their assistance. Chairman Wimberly opened the public hearing and seeing and hearing no comment, closed the public hearing. Commissioner Munoz said they did a good job, and the project will finish off the street. He said he reviewed the project in 2010, and the product looks good. Commissioner Howdyshell said she favors the design and the single storl models. She said staff and the DRC did a great job. Commissioner Oaxaca thanked the applicant and staff for taking the recommendations of the DRC to attain variety and diversity of design within a small neighborhood. Moved by Munoz, seconded by Howdyshell, carried 4-0-1 (Fletcher absent) to adopt the Resolution of Approval for Development Review DRC2013-00914. • Item A-3 J HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES CRAW= APRIL 22, 2015 Page 4 V. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION D. INTER-AGENCY UPDATES None E. COMMISSION ANNOUNCEMENTS None VI. ADJOURNMENT 1 THE PLANNING COMMISSION ADJOURNED AT 7:25 PM. THE WORKSHOP SCHEDULED TO BE HELD IN THE RAINS ROOM TO DISCUSS PRE- APPLICATION REVIEW DRC2015-00155— MARC HOMES, LLC. WAS CANCELED. NOTICE OF THE CANCELED MEETING WAS POSTED 48 HOURS IN ADVANCE ON THE ENTRY DOORS OF THE RAINS ROOM AND IN THE WINDOWAREA TYPICALLY USED FOR POSTING AGENDAS,AS WELL AS ON THE CITY'S WEBSITE. 1, Lois J. Schrader,Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on April 16,2015,at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, 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. Item A-4 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION iWINUTES CRANCHo APRIL 22, 2015 U(,MfONGA Page 5 The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS . Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning • Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. interested a g AP- Any 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$2,533 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. • Item A-5 J r STAFF REPORT' _ PUNNING DEPARTMENT v RANCHO Date: May 13, 2015 C,'UCAMONGA To: Chairman and Members of the Planning Commission From: Candyce Burnett, Planning Director By: Mayuko Nakajima, Assistant Planner Subject: Consideration and Discussion of the Circulation Master Plan for Bicyclists and Pedestrians (CMP) RECOMMENDED ACTION: 1. Receive staff and consultant's presentation; and, 2. Receive and File the Circulation Master Plan for Bicyclists and Pedestrians (CMP). BACKGROUND: In 2008, the City Council established Healthy RC, which is a community-led effort committed to long-term community health improvement through the development of programs, policies and partnerships. Led by the City Manager's Office, the Healthy RC collaborative consists of City departments, local residents, and over 50 community stakeholders with diverse expertise to • address complex community health issues and explore strategies and opportunities to improve health and wellness. In May 2010, the City Council adopted the 2010 General Plan. The new General Plan was amended to incorporate Healthy Mind, Body, and Earth principles throughout the document. Within the General Plan Update, many policies were created to support the Healthy RC initiative such as improving access to public transportation, community walkability, and bicycling opportunities. Additionally, several policies were added to encourage pedestrian/bike connectivity and easier access to transit facilities. To assist in the implementation of healthy community principles, the City applied for and received a grant from the California Endowment to improve health through active transportation planning. A portion of this grant is funding the development of the CMP. This plan is intended to be a comprehensive update to the documents and data which already exist, such as the Trail Implementation Plan, the City's 2002 Bicycle Transportation Plan, and San Bernardino County's Non-Motorized Transportation Plan. In January 2015, Alta Planning + Design was selected as the City's consultant to prepare the CMP. Staff from the Planning Department, City Manager's Office, and the Engineering Department are part of the project team that worked with the consultant on this plan. FINAL CMP: The link to the final CMP is referenced as Exhibit A. The CMP is a critical element of the City's overall multi-modal transportation strategy and shares the same health-minded vision as stated in the Healthy RC chapter of the Rancho Cucamonga General Plan: Healthy RC inspires a lifestyle that embraces a Healthy Mind, Body and Earth, through lifelong learning and enrichment, active and healthy living, and environmental sustainability. Item B-1 .ti r, 'v PLANNING COMMISSION STAFF REPORT-CMP May 13, 2015 Page 2 This statement serves as the foundation for the Plan's goals, objectives and recommendations; it is what inspires the City's commitment to a healthy community. The benefits of bicycling and walking are not just healthy options, but also make for a livable and sustainable City. Chapters 1 through 3 of the CMP outline the basic foundation of the document with an executive summary, introduction, and review of existing plans and policies. Chapter 4 analyzes existing conditions such as roadways, infrastructure, and existing programs. From analysis of these existing conditions, Chapter 5 includes a Needs Analysis based on types of users and community-identified needs. The last part of the CMP includes recommendations for infrastructure improvements, program recommendations and implementation and funding mechanisms. Finally, the CMP includes a customized project prioritization for Rancho Cucamonga to consider for future projects. PUBLIC OUTREACH: Staff worked with community groups and the consultant to obtain community input on biking and walking in the City. A public survey was created using SurveyMonkey. Outreach events and in-person interviews using the survey at public parks and schools aimed to educate community members about the purpose of the CMP and to gather responses for the survey. The survey was well received and many community members were enthusiastic to take the survey and support the City's efforts to develop this Plan. A total of 848 survey responses were collected as a result of the outreach process. Community members expressed interest and support for biking and walking infrastructure in the City. It is interesting to note that Southwest Rancho Cucamonga (SWRC) survey respondents exhibited some notable differences in survey responses from the overall survey results such as poor walking conditions, they are more likely to take walking trips that traveled outside Rancho Cucamonga, and are more likely to be "nervous" or"not comfortable" while walking. CITY COUNCILIPLANNING COMMISSION JOINT WORKSHOP: On April 1, 2015, staff held a joint workshop to gather early input from the City Council and Planning Commission on the development of the CMP. The consultant presented principles of active transportation as well as preliminary findings regarding community needs and opportunities. The second part of the workshop gave an opportunity for the City Council and Planning Commission to ask questions and provide comments. Overall, there was general agreement that more could be done to encourage alternative transit uses as well as ensure safety within the City for the next generation of residents who want transit options and a healthy community. In general, there was support for realistic implementation of bicycle and pedestrian-related infrastructure,,as funding permitted. The need for a safe and comfortable environment with amenities that encourage walking and biking was discussed, such as providing shade, marked facilities, and wayfinding signage. The need to make sure that facilities are visible to create awareness amongst the community to "share the road" was also discussed. A call for public education was prominent throughout the workshop. Council and Commission members saw public education as a way to encourage and increase active transportation. An investment in active transportation options and public education can help address equity issues and create a well-rounded and healthy Rancho Cucamonga. All of these ideas have been incorporated into the plan. NEXT STEPS: Staff recommends that the Planning Commission receive and file the plan. This document will help staff in the future to amend the General Plan, Trail Implementation Plan, the City's 2002 Bicycle Transportation Plan, Development Code, among other regulatory documents that assist City staff in implementing bicycle and pedestrian related infrastructure. This document Itpm R-2__ PLANNING COMMISSION STAFF REPORT-CMP May 13, 2015 Page 3 will also be helpful when applying for grant funding, especially where prioritization ranks a high need for improvements. It should be noted and recognized that an amendment to the General Plan will necessitate environmental assessment for any potential impacts such as traffic. Res ctfully.submitted, 1 Z C 'L-A Candyce urnett Planning Director CB:MN/Is Exhibit A: The website link for the Circulation Master Plan for Bicyclists and Pedestrians (CMP) is www.tinvurl.com/RCbikeaeds Item B-3 STAFF REPORT • PLANNING DEPARTMENT RANCHO CUCAMONGA DATE: May 131 2015 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, Planning Manager BY: Tabe van der Zwaag, Associate Planner SUBJECT: CONDITIONAL USE PERMIT(MODIFICATION) DRC2015-00227 - HK'S BAR AND GRILL - A request to modify Conditional Use Permit 87-06 and Conditional Use Permit (Modification) DRC2013-01025 to increase the floor area by 1,200 square feet for a restaurant with a bar within the Neighborhood Commercial (NC) Development District, located at 9740 19th Street -APN: 1076-011-10. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 -Existing Facilities. ENTERTAINMENT PERMIT(MODIFICATION) DRC2015-00228- HK'S BAR AND GRILL- A request to modify Entertainment Permit DRC2013-01027 in order to increase the floor area by 1,200 square feet for a restaurant with a bar that provides entertainment within the Neighborhood Commercial (NC) Development District, located at 9740 19th Street — APN: 1076-011-10. This action is categorically exempt from the California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15301 - Existing Facilities. • RECOMMENDATION: Prior to any action being taken on this entitlement, Planning Department Staff determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines (Section 15301 — Existing Facilities). Staff recommends that the Planning Commission approve Conditional Use Permit (Modification) DRC2015- 00227 and Entertainment Permit (Modification) DRC2015-00228 through the adoption of the attached Resolutions of Approval and Standard Conditions. Environmental Assessment: The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301, which covers the permitting and minor alterations of existing structures that involve negligible'or no expansion of the use beyond that existing at the time of the lead agency's original determination. The project scope includes increasing the floor area of an existing restaurant by 1,200 square feet by expanding the business into the adjacent tenant space. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment, in that the applicant does not propose modifying or expanding the existing structure. The Planning Director has reviewed the Planning Department's determination of exemption, and based on her own independent judgment, concurs in the staff's determination of exemption. PROJECT AND SITE DESCRIPTION: • Item C-D1 PLANNING COMMISSION STAFF REPORT DRC2015-000227 AND DRC2015-00228 - HK'S BAR AND GRILL May 13, 2015 Page 2 A. Surrounding Land Use and Zoning: North - 210 Freeway South - Residential Development- Low Medium Residential (LM) (4 - 8 dwelling units per acre) East - Residential Development - Medium High Residential (MH) (14 - 24 dwelling units per acre) West - Residential Development- Low Medium Residential (LM) (4 - 8 dwelling units per acre) B. General Plan.Designations: Project Site - Neighborhood Commercial (NC) North - 210 Freeway South - Low Medium Residential (LM) (4 - 8 dwelling units per acre) East - Medium High Residential (MH) (14 - 24 dwelling units per acre) West - Low Medium Residential (LM) (4- 8 dwelling units per acre) C. Site Characteristics: The project site is a 4,900 square foot inline tenant space (originally approved 3,700 square foot tenant space along with the 1,200 square foot expansion area) within an existing commercial center located on the northeast corner of Archibald Avenue and 19th Street. The center has a total of 22 tenants with Stater Brothers Market as the anchor tenant. D. Background: The applicant purchased Pepper's Restaurant on April 18, 2013 and changed the name to HK's Bar and Grill. The Planning Commission approved Conditional Use Permit (Modification) DRC2013-01025 and Entertainment Permit DRC2013-01027 on February 12, 2014. Conditional Use Permit (Modification) DRC2013-01025 established a new set of Conditions of Approval for the operation of the business and modified the closing time approved by CUP 87-06 from 11:00 p.m. to 12:00 a.m., Sunday through Wednesdays and from 11:00 p.m. to 2:00 a.m., Thursday through Saturday. The entitlement also modified the closing time on select holidays to close at 2:00 a.m., as outlined in Resolution of Approval 14-10.. Entertainment is approved from 6:00 p.m. to 11:30 p.m. Sunday through Wednesday and from 6:00 p.m. to 1:00 a.m. Thursday through Saturday. The approved floor plan includes 100 seats and a 170 square foot dance floor. The current Rancho Cucamonga Fire Department (RCFPD) occupancy rating for the business is 128 persons. ANALYSIS: A. Project Proposal: The applicant proposes expanding the floor area of the restaurant by 1,200 square feet in order to move the existing stage area away from front entrance and to increase the seating area (Exhibit B). The floor plan changes will improve the flow of the restaurant by eliminating the necessity of having to navigate around the stage when entering the restaurant. The changes will increase the seating capacity by 40 seats for a total capacity of 140 seats. The additional floor area increases the RCFPD occupancy rating by 80 persons for a total occupancy rating of 208 persons. The applicant does not propose changing the operating hours or the times at which entertainment is provided. B. Business Operation: HK's Bar and Grill operates a full-service restaurant with bar serving lunch and dinner. With the proposed expansion, they will have approximately 25 employees, with 12 employees working on the largest shift. The additional floor area will also necessitate one additional security guard to monitor the second entrance when entertainment is provided. Item C—D2 PLANNING COMMISSION STAFF REPORT DRC2015-000227 AND DRC2015-00228 - HK'S BAR AND GRILL May 13, 2015 • Page 3 C. Entitlement Requirements: Development Code Section 17.30 requires restaurants that serve distilled spirits be approved by a Conditional 'Use Permit. Development Code Section 17.20.020 requires businesses that provide entertainment to obtain an Entertainment Permit. Development Code Section 17.14.100 requires that modification of a previously approved entitlement be approved by the original approving body. D. Public Safety: Staff contacted the San Bernardino County Sheriff's Department and was informed that from April 1, 2014 to March 31, 2015 there were 5 calls-of-service to the business. The calls- for-service included one assault, one call for public intoxication, two calls for theft and one call for a found person. The number of calls is considered below average for a restaurant with bar of this size. The Sheriff's Department finds that the business is well operated and does not have any issues with the proposed increase in floor area. Additionally, there have been no Bureau of Alcohol Beverage Control (ABC) violations in the last year. E. Parking: The commercial center in which the site is located was developed with 64,610 square feet of lease area and 319 parking spaces. The required parking was calculated at 4.5 parking spaces per 1,000 square feet of gross tenant space, which translates into a parking requirement of 348 parking spaces. The center has a 29 parking space deficit and is considered legal nonconforming with the current parking requirements of the Development Code. The applicant's tenant space has continually been operated as a restaurant since 1987 and is the busiest in the evenings when many of the neighboring office uses are closed. For this reason, staff concludes that continuing the existing use will not negatively impact the other tenants in the center. Type• of Use Floor Area Parking # of Spaces #of Spaces Provided (SF) Ratio Required Shopping Center 64,610 4.5/1,000 348 319 29 Space Deficit F. Land Use Compatibility: The premise of a Conditional Use Permit is to ensure the compatibility of adjacent uses and the separation of potential nuisance activities. The commercial center in which the restaurant is located has a mix of retail, food service and office uses. Staff has visited the project site during the lunch hour and in the evenings when the applicant's business is busiest and found that there was adequate on-site parking for all uses. Additionally, the City has not received any complaints regarding parking issues at the center or regarding parking or noise issues from the surrounding residential developments. Based on these factors, staff does not foresee any potential conflicts with the other tenants in the center provided the applicant adheres to the Security Plan and the Conditions of Approval. G. FACTS FOR FINDINGS: The purpose of an Entertainment Permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety. The following are facts to support the necessary findings: 1. Finding: The conduct of the establishment or the granting of the application is consistent to the public health, safety, morals or welfare. • Fact: The applicant provided a Security Plan with the original entitlement and conditions were imposed to ensure the proper service of alcohol and that the building complies with all applicable Fire and Building Codes. Item C—D3 PLANNING COMMISSION STAFF REPORT DRC2015-000227 AND DRC2015-00228 - HK'S BAR AND GRILL May 13, 2015 Page 4 2. Finding: The premises or establishment is likely to operate in a legal, proper, and orderly manner. Fact: The applicant submitted a Business Plan with the original entitlement (CUP DRC2013- 01025 and EP DRC2013-01027) that included a Security Plan, which was reviewed and accepted by the Rancho Cucamonga Sherriffs Department. The Sherriffs Department have visited the site and found the business to be operated in a good manner and in conformance with the approved Security Plan. Additionally, there have been no Bureau of Alcohol Beverage Control violations in the last year. 3. Finding: Granting the application would not create a public nuisance. Fact: The Rancho Cucamonga Sherriffs Department informed staff that there has been a below average number of calls-for-service to the business and that the business is being managed in a manner that limits any negative impacts on the public. Additionally, there have been no Bureau of Alcohol Beverage Control violations in the last year. 4. Finding: The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. Fact: The project site is in excess of 250 feet from the nearest residence and conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.66.050-G of the Development Code and will not create adverse impacts upon the adjacent uses. Additionally, there have not been any complaints reported to the City regarding the operation of the business. 5. Finding: The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. Fact: Staff has reviewed the submitted documents and found them to be accurate. 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. Respectfully submitted, Candyce urnett Planning Director CB:TV/Is Attachments: Exhibit A - Site Plan Exhibit B - New Floor Plan Exhibit C - Letter of Operation Item C—D4 PLANNING COMMISSION STAFF REPORT DRC2015-000227 AND DRC2015-00228 - HK'S BAR AND GRILL May 13, 2015 Page 5 Exhibit D - Staff Report for CUP DRC2013-01025 and EP DRC201301025 dated November 12, 2014 Exhibit E - Resolution of Approval 14-10 for CUP DRC2013-01025 Exhibit F - Resolution of Approval 14-11 for EP DRC2013-01027 Draft Resolution of Approval for Conditional Use Permit DRC2015-00227 Draft Resolution of Approval for Entertainment Permit DRC2015-00228 Item C—D5 ® • r 21►v u lvtllM)tIV i/AS E R 7100 to �� . I72 4 AJ n I _ • 1700 p rL U U� I I I INU I I I u I I I I I I i U I I I I o �ii R • -I I u O Ez R fi n tj vi lsoo•a IL I R 1400 t L p 1100 eq 1L I ' 900.4/L R 120,41L • 1500.41L I . R i 8 � s s s e a ' ( I 0:48 PM IE) EXIT PANIC HDW EXIST. 19•, LOCKEp RM O EXIST. 5• OFFICE R) ® CE O Yx EXIT D HS f PANIC m S m > HRDWR i K O y z F IIl 3. U G. ^L. S EXIT t0 PANIC HflOWR xlY% L I EXIST. Yix , Y � WALK�IN COOLER _ 2 NEW Fie AREA g w(Y FO m 4 X mIy - 2 Ex!ST 4 3 7 ! s KITCHEN 4 4 API V EI m% Zw tt)or[mnc' 4 4 m� _ � 4 18 E9 20 2E 22 23 24 25 � Z, a ❑n q v • gIE I., PDS 4I. POS q z EXIST. ADJACENT BAR AREA TENANT SEATING=25 Z Z m 17 g;f 4 y 2 4 POS om (D OQDD�DOQO it AH'. AF s; (Nlxt n!GnGWR(IIGK m •rc �r D SEATING=16 0 IO GVRRgRa1[ � 4 G � q 4 4 q EXIST. q WAITING Y PANIC O HRDWR 4 4 d 4 4 EXIT EXIT lE1 (O (E) (xlRMgaoa {xI BO[•aoa l l IO 10 I[I I I COVERED PATIO lE)CUNCRE f E WALK • �a0la:lx ayNxEi!a4Y[[Hl lxRl IEI P(S IxVRRHrIM�i INu R[TERRnOn51 (E)CURB March 2, 2015 ® To: Planning City of Rancho Cucamonga From: HK's Bar and Grill Re: Expansion of 1200 sq.ft. HK's Bar and Grill is proposing an expansion of the existing Bar and Grill to add an additional 1,200 square feet.We feel this expansion is necessary to accommodate our customers and to be able to be competitive with other restaurant/bars in the area.The proposal includes reconfiguring the seating and moving the entertainment stage into the 1,200 square feet expansion area and adding a waitress station.Our current operation employs 22 people,we will increase the number of servers by 3 additional jobs taking our total employees to 25 people.Our entertainment is not proposing to change. Existing entertainment on Monday and Tuesday is karaoke or DJ from 8:00 PM to 11:30 PM.On Thursday, Friday and Saturday entertainment consists of bands of 2 to 4 band members from 8:30pm to 12:30am. We will not be charging admission for the entertainment.We will continue to have security and management in place when entertainment is provided. HK's Bar and Grill has been in operation from April 2013 to present,we have had few calls for service,and we attribute this to being proactive on reputation as a safe environment for people and our community. In closing we hope that we will be recognized as being responsible business owners and will continue to contribute to our community by adding jobs and being a great place to go in Rancho Cucamonga. EXHIBIT C Item C-D8 STAFF REPORT ® PUNNING DEPARTMENT DATE: November 12, 2014 RANCHO TO: Chairman and Members of the Planning Commission �,;UCAMONGA FROM: Candyce Burnett, Planning Director BY: Tabe van der Zwaag, Associate Planner SUBJECT: CONDITIONAL USE PERMIT(MODIFICATION) DRC2013-01025- HK'S BAR AND GRILL — A 6-month progress report reviewing compliance with Conditional Use Permit (Modification) DRC2012-01025 for the operation of a bar and grill within the Neighborhood Commercial (NC) Development District, located at 974019th Street-APN: 1076-011-10. ENTERTAINMENT PERMIT DRC2013-01027 - HK'S BAR AND GRILL -A 6-month progress report to review compliance with an approved Entertainment Permit at HK's Bar and Grill within the Neighborhood Commercial (NC) Development District; located at 9740 19th Street—APN: 1076-011-10. RECOMMENDATION: Staff finds that the business is being operated in compliance with Conditional Use Permit 2013-01025 (Modification) and Entertainment Permit DRC2013-01027 and that an additional 6-month review is not necessary at this time. Staff asks that the Planning Commission provide comment and direction as appropriate, and that the Planning Commission secretary receive and file the report. • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - 210 Freeway South - Residential Development - Low Medium Residential (LM) East - Residential Development - Medium High Residential (MH) West - Residential Development- Low Medium Residential (LM) B. General Plan Desiqnations: Project Site - Neighborhood Commercial (NC) North - 210 Freeway South - Low Medium Residential (LM) (4 -8 dwelling units per acre) East - Medium High Residential (MH) (14 - 24 dwelling units per acre) West - Low Medium Residential (LM) (4 - 8 dwelling units per acre) C. Site Characteristics: The project site is a 3,700 square foot inline tenant space within an existing commercial center located on the northeast corner of Archibald Avenue and 19th Street. The center has a total of 22 tenants including the anchor, Stater Brother's market. EXHIBIT D Item C—D9 PLANNING COMMISSION DIRECTORS REPORT DRC2013-01025 AND DRC2013-01027 - HK'S BAR AND GRILL November 12, 2014 Page 2 ANALYSIS: A. Project Background: The Planning Commission approved Conditional Use Permit (Modification) DRC2013-01025 and Entertainment Permit DRC2014-01027 on February 12, 2014. Both entitlements included a condition of approval requiring that the business operation be reviewed by the Planning Commission after 6 months of operation for compliance with the approved Conditions of Approval. Conditional Use Permit 87-06 was originally approved for the operation of Pepper's Restaurant. The prior business, Pepper's Restaurant, had a large number of violations regarding the operation of the business and an excessive number of calls-for-service by the Rancho Cucamonga Police and Fire Department. The current operator assumed the business on April 18, 2013, changed the name of the business to HK's Bar and Grill and completely renovated the interior. Conditional Use Permit (Modification) DRC2013- 01025 established a new set of Conditions of Approval for the operation of the business and extended the hours-of-operation approved by CUP 87-06 from 11:00 p.m. to 12:00 a.m., Sunday through Wednesdays and from 11:00 p.m. to 2:00 a.m., Thursday through Saturday. The entitlement also provided for extended hours-of-operation on select holidays as outlined in the Resolution of Approval. B. Public Safety: Staff contacted the Rancho Cucamonga Police Department (RCPD) and was informed that since the date of approval there has only been one call-for-service related to an intoxicated patron which took place on July 19, 2014. The RCPD performed a compliance check on October 18, 2014 and found that they were in conformance with all the Conditions of Approval for the approved Conditional Use Permit and Entertainment Permit. The professional opinion of the RCPD is that the business is being operated in a professional manner and is not negatively impacting public safety. Staff also contacted the Rancho Cucamonga Fire Department (RCFPD) and was informed that they have not made any calls of service to the business. C. Business License: Their Business License is up to date and an Admissions Tax is not applicable as they do not charge an entrance fee when entertainment is provided. D. Compliance with CUP and EP: Planning staff visited the business on three occasions: October 13th—This visit took place'at 11:30 a.m. Staff found approximately 10 patrons in the restaurant. The manager gave staff a tour of the operation including demonstrating compliance with the Conditions of Approval including I.D. scanner, security cameras and RPCD alcohol training certificates. The kitchen was prepping for the lunch service. October 15th —This visit took place at 7:00 p.m. Staff found approximately 100 patrons in the restaurant. The kitchen was open and staff found the business being operated in a professional manner. October 18th — This visit took place at 11:00 p.m. Staff found approximately 70 patrons in the restaurant. There was live music being performed and two security staff were checking I.D.'s as customers entered the business. The kitchen was open and serving food. There were no minors in the restaurant and staff found the business to be operating in conformance with the Item C-1310 PLANNING COMMISSION DIRECTORS REPORT DRC2013-01025 AND DRC2013-01027 - HK'S BAR AND GRILL November 12, 2014 ® Page 3 approved Conditional Use Permit an Entertainment Permit. In overview, staff found the business to be incompliance with the approved Conditional Use Permit and Entertainment Permit and to be professionally operated. On each visit the business was well below their maximum occupancy of 160 patrons, a full menu was available, no oversized beverages were being served and security staff was on site when entertainment was being provided. E. Site Conditions: Staff reviewed compliance with the approved floor plan and found that no changes have been made. The parking lot was kept clean and no patrons were observed loitering in the parking lot. The applicant informed staff that they have personnel monitor the parking lot on a regular basis. F. Alcohol Beverage Control: Alcohol Beverage Control (ABC) inspected the business on October 22, 2014 and found no violations. G. Conclusion: The business is being operated in conformance with the approved Conditional Use Permit and Entertainment Permit. Due to the positive outcomes of both RCPD and staff's visits to the business, it is staffs professional opinion that an additional 6 month review is unnecessary. Staff will continue to monitor the business and will schedule a Planning Commission review if problems arise. Respectfu ubmitted, Candyce rnett Planning Di ctor CB:TV/Is Attachments: Exhibit A - Staff Report for DRC2014-01025 and DRC2014-01027 Exhibit B - Resolution of Approval for Conditional Use Permit DRC2013-01025 Exhibit C - Resolution of Approval for Entertainment Permit DRC2013-01027 Exhibit D - Approved minutes from Planning Commission Meeting dated February 12, 2014 Item C—D11 STAFF REPORT--7 PL%NNING DEPARTMENT DATE: February 12, 2014 RANCHO TO: Chairman and Members of the Planning Commission. CUCAMONGA FROM: Candyce Burnett, Planning Manager BY: Tabe van der Zwaag,Associate Planner SUBJECT: CONDITIONAL USE PERMIT(MODIFICATION) DRC2013-01025-HK'S BAR AND GRILL - A request to modify Conditional Use Permit 87-06 to extend the hours of operation to 2:00 a.m., seven days per week, for a bar and grill within the Neighborhood Commercial (NC) Development District, located at 9740 19th Street-APN: 1076-011-10. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 -Existing Facilities. ENTERTAINMENT PERMIT ORC2013-01027 - HK'S BAR AND GRILL - A request to provide entertainment including live music and a disc jockey at HK'S Bar and Grill within the Neighborhood Commercial(NC) Development District, located at 9740 19th Street — APN: 1076-011-10. This action is categorically exempt from the California Environmental Quality Act(CEQA)pursuant to State CEQA Guidelines Section 15301 -Existing Facilities. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC2013-01025 and Entertainment Permit DRC2013-01027 through the adoption of the attached Resolution of Approval and Standard Conditions. The hours of operation have been modified per the amended request discussed in the staff report and as outlined in the conditions of approval in the Resolution. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - 210 Freeway South - Residential Development-Low Medium Residential(LM) East - Residential Development-Medium High Residential(MH) West - Residential Development-Low Medium Residential (LM) B. General Plan Designations Project Site - Neighborhood Commercial (NC) North - 210 Freeway South - Low Medium Residential(LM) (4-.8 dwelling units per acre) East - Medium High Residential(MH)"(14-24 dwelling units per acre) West - Low Medium Residential (LM) (4-8 dwelling units per acre) G. Site Characteristics: The project site is a 3,700 square foot inline tenant space within an existing commercial center located on the northeast corner of Archibald Avenue and 19th Street. The center has a total of 22 tenants including the anchor, Stater Brothers market. Pc /rzlz.dry EXHIBIT A Item C-1312 PLANNING COMMISSION STAFF REPORT ® ORC2013-01025 AND ORC2013-01027-HK'S BAR AND GRILL February 12, 2014 Page 2 ANALYSIS:: A. Proiect Proposal: The applicant's purchased Pepper's Restaurant on April 18, 2013, and changed the name to HK's Bar and Grill. The applicant has since renovated the interior of the restaurant and created a new menu. The business has continued to operate under Pepper's CUP (87-06), which requires the business to close by 11:00 p.m., 7 days per week. The applicant requested to extend the hours of operation to 2:00 a.m., 7 days per week and to add live entertainment In a meeting with the applicant, the Planning staff outlined their concerns that the late operating hours were out of character with the operation of a restaurant. The applicant agreed to reduce the requested closing time to 12:00 a.m. Sundays through Wednesdays and 2:00 a.m. Thursdays through Saturdays. Staff also found it acceptable to stay open until 2:00 a.m. for the following holidays: New Year's Eve, Valentine's Day, Saint Patrick's Day, Cinco de Mayo, Memorial Day; 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. Because the meeting took place after the printing of the legal advertisement in the Inland Valley Daily Bulletin newspaper, both the legal advertisement and the posting state a 2:00 a.m., 7 days per week, closing time. B. Business Operation: HK's Bar and Grill operates a full-service restaurant serving lunch and dinner. They will have approximately 19 employees with 9 employees working on the largest • shift. C. Entitlement Requirements: Development Code Section 17.30 requires restaurants that serve distilled spirits be approved by a Conditional Use Permit. Development Code Section 17.20.020 requires businesses that provide entertainment obtain an Entertainment Permit. D. Entertainment: Live music and DJ's are proposed from 6:00 p.m. to 11:30 p.m., Sundays through Wednesdays and from 6:00 p.m. to 1:00 a.m. Thursdays through Saturday. The live music will consist of bands with up to four members playing pop, country, and acoustic music. The DJ's will play recorded music with a focus on classic rock and pop music. The Floor Plan includes a 145 square foot dance floor adjacent to the stage and the bar area. No admission will be charged for the entertainment. In addition to the live entertainment, the applicant also proposes,having four electronic dart board games, an electronic golf game and a juke box. E. Security Plan: The applicant's Security Plan has been reviewed and accepted by the Rancho Cucamonga Police Department. The Security Plan is also incorporated into the Draft Resolution of Approval. The Police Department has concluded that if these measures are sustained and the Business is operated in a responsible manner, potential negative activities and nuisance impacts will be controlled and minimized. In addition to the safety provisions outlined in the Security Plan, the Resolution of Approval requires that employees who serve alcohol obtain a Certificate of Completion for training in the proper service of alcohol (L.E.A.D. or equivalent). A condition has also been added Item C-1313 PLANNING COMMISSION STAFF REPORT ORC2013-01025 AND ORC2013-01027-HK'S BAR AND GRILL February 12, 2014 Page 3 requiring alcohol sales to cease no less than thirty (30)minutes prior to closing time to ensure that all drinks are finished by closing time. In addition, staff will bring both the Conditional Use Permit and the Entertainment Permit back to the Planning Commission in 6 months to review the business operation to verify compliance with both Resolutions of Approval. F. Parking: The commercial center in which the site is located was developed with 64,610 square feet of lease area and 319 parking spaces. The required parking was calculated at 4.5 parking spaces per 1,000 square feet of gross tenant space, which translates into a parking requirement of 348 parking spaces. The center has a 29 parking space deficit with the current tenant makeup. The applicant's tenant space has continually been operated as a restaurant since 1987 and is the busiest in the evenings when many of the neighboring office uses are closed. For this reason, staff concludes that continuing the existing use.will not negatively impact the other tenants in the center._ There will be adequate parking for all the uses on the site because of the off-set in peak parking demand hours between the applicant's restaurant and the office uses. Type Floor Area Parking #of Spaces 9 of S of Use (SF) Ratio Required paces Provided Shopping Center 64,810 4.511,000 348 319 29 Space Deficit G. Land Use Compatibility: The premise of a Conditional Use Permit is to ensure the! compatibility of adjacent uses and the separation of potential nuisance activities. The commercial center in which the facility will be located has a mix of retail, food service and office uses. Staff does not foresee any potential conflicts with the other tenants in the center provided the applicant adheres to the Security Plan and the Conditions of Approval. H. FACTS FOR FINDINGS: The purpose of an Entertainment Permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety. The following are facts to support the necessary findings: 1. The conduct of the establishment or the granting of the application is consistent to the public health, safety, morals or welfare. The applicant has provided a Security Plan and conditions have been imposed to ensure the proper service of alcohol to patrons and the building complies with all applicable Fire and Building Codes, 2. The premises or establishment is likely to operate in a legal, proper, and orderly manner. The applicant has submitted a Business Plan that includes a Security Plan, which has been reviewed and accepted by the Police Department to minimize potential negative activities and nuisance impacts. 3. Granting the application would not create a public nuisance. The applicant applied for an Entertainment Permit and provided all required documents to allow for an in-depth review of the proposed business operation. Further, with the inclusion of the Conditions of Approval, potential negative activities, and nuisance impacts will be controlled and minimized. Item C—D14 `- PLANNING COMMISSION STAFF REPORT ® ORC2013-01025 AND ORC2013-01027-HK'S BAR AND GRILL February 12, 2014 Page 4 4. The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. The project site is in excess of 250 feet from the nearest residence and conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.66.050-G of the Development Code and will not create adverse impacts upon the adjacent uses. 5. The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. Staff has reviewed the submitted documents and found them to be accurate. 1. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under . State CEQA Guidelines Section 15301, which covers the permitting and minor alterations of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The project entails increasing the hours of operation and permitting entertainment for an existing restaurant and bar with no expansion or major changes to the existing building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment, in that the applicant does not propose modifying or expanding the existing structure: The Planning Manager has reviewed the Planning Department's determination of exemption, and based on her own independent judgment, concurs in the staffs determination of exemption. ® 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. Respectfully submitted, Candyce: rnett Planning Manager C B:TVge Attachments: Exhibit A - Site Plan Exhibit B - Floor Plan Exhibit C - Business/Entertainment/Security Plan Exhibit D - Photos of Interior of Restaurant Exhibit E - Tenant List Exhibit F - Menu Exhibit G - Correspondence Regarding the Application Draft Resolution of Approval for Conditional Use Permit ORC2013-01025 Draft Resolution of Approval for Entertainment Permit ORC2013-01027 Item C—D15 $ eFE ii 4 ;Y Y �r e�eosi 91 be ml . Y 1r�Dee �r et oosr �o 1r fie 002104" V1 � WWI I I nvl I I lo I I I I USI IIIA ej J .12 v e•Doer I �i e.Dere .. „ ® r 17 IOCJaER RY(El o r• r OFFICE(E) C� 5oee Fli a ppNM RMpp•iw El' - JDl1 6T• W"IN COOLER(1) 7 7 M walw9wN • KITCHEN(E) Y(/117 wa I • qq •I 11 19 20 71 27 71 24 79 / (7 BAR u ❑ r .• Is o: ® • 7 DANCE FLOOR 14 coe . •01 I., n 17 ❑ 11 BAR roe 7 (o �, 'arK 1unNo.1/7 DINNING RM 13 1� 7 MOSTE35 I( surlN/.(• i 1 I? } • Mar"•12 E7tlT ONLY I! • • . 'NNTINO ❑ O 2070 ('fit 5070 � Yo/ ❑O . a COVERED PATIO tag 391 (E)WNOSCAMNO (N3IRON MANORML ' d CONCRETE WALK(E) M ,w2.0 he enVif'w ► CIV OF nn1.Vl.� --�- - (E)CURB HK's Bar & Grill Floor Plan 9740 191hStreet G �St,�L ft' t A�ncho Cucamonga,Ca 91737 -2 Item C—D17 [tem#3 on Conditional Use Permit Checklist; Business Operation:HK's Bar and Grill purchased and took over Pepper's Restaurant operation April 18� 2013. We are currently operating under the old Pepper's CUP#87- .06i at 9740 1911 Street,Rancho Cucamonga,Ca. 91737-APN 1076-011-10.At the time of the takeover the business was operating with a total of 4 employees,since the takeover we have grown the employee base to a total of 19. We have gone through an extensive facelift of the facility'and cleaned up the operation and recreated a restaurant/bar menu that represents the community needs.Our current hours of operation are Monday thru Friday I 1 am to 11 pm, Saturday and Sunday we open at 9:30am to 1 I pm..The largest shift we employ 9 people.The reason we are requesting extended hours to 2 AM is to meet the community needs as well as being competitive and in line with all other restaurantibars in the Rancho area. We have not had any calls for service and currently employ security on Friday and Saturday nights from 7 to 11 pm. We plan to increase our security to keep in line with the needs of the business as well as deemed necessary by the city. We respectfully request your granting us the privilege to extend our hours. Item#3 on Entertainment permit Checklist: Entertainment Plan: We are proposing to have entertainment on an existing stageldance floor consisting of 145 sq feet. We would plan to have up to four people performing at one time.The type of entertainment will be live/local bands that play at existing restaurant/bars in the Rancho area.Our focus will be on pop music,country;acoustic.We would propose to have the live entertainment available Wednesday,Thursday,Friday and Saturday. Perfonnances would start at 8:30pm and end at 12:30am:On days that we do not have live entertainment we would like to have the option of a D1 and dancing music. Types of music will be limited to classic rock,country and pop hits. No admission fee would be charged to attend entertainment on premises.We would like to include in our request that we are able to keep our 4 electronic arcade soft tip dart boards and one golden tee golf machine and one Jukebox machine for internet delivered music. Each one of the six machines operates independently.Our hopes are that we will continue to host the dart leagues on Monday's and Wednesday's of each week. [tem#4 on Entertainment Permit Checklist: Security Plan: We plan to have a minimum of(2)security personnel on site prior to the start and after the entertainment ends up to and after closing.The security we have will be our employees and dressed in HK's Bar and Grill attire clearly designating them as Security. Procedures if there are problems will be dealt with 1.Asking the patron to abide by our rules ofproper conduct 2. If a problem continues with improper conduct they will be ask and escorted out of our facility. We will follow the subject out and observe their departure.There will be one entry/exit into and out of our restaurant;the rest of our exits . will be fire alarmed doors. ID checks will be done before entering the facility,we will use ID check computers that will capture all.ID info of each person entering and verifying they are of legal age to consume alcohol.The security will be outfitted with two lz Item C-1318 way radios for communication, radio communication will also be monitered by the manager on duty. We have sixteen surveillance cameras in place in the facility as well as placed in the front and rear of the building,recording 24 hours per day. We also plan to monitor the parking lot in and around our facility for suspicious activity.Parking lot checks will be a crucial part of security.Management will be on site at all times. S Q�� Cl 1 w A 3 ASW a ff i a s 1 � , r, p� YI iiL£ Ans V si FFF 1 • Tenant List 19"Street and Archibald Rancho Cucamonga,CA 91737 Address Square 9710 Vacant 2100 9720 Dr.Amor Quinio Pediatrician 1200 9 am-5 p.m. 9740 HK's Grill Restaurant and Bar 3700 11 a.m-11 p.m. 9760 Panda Chinese Fast Food 1500 11 a.m.-6 p.m. 9762 Town&Country C. Dry Cleaners 2400 7 a.m.-6 p.m. 9766 Vacant 900 9768 Angel Jewelry Jewelry Store 1200 10 a.m.-6 p.m. 9770 El Perico Restaurant 1500 11 am.-9 p.m. 9774 The Dance Gallery Dance School 3000 3 p.m.—9 p.m. 9778 Dr. Sabicer Dentist 1168 8 a.m.—5 p.m. 9780 Vacant 1250 9782 Ace Alterations Alterations 750 9 a.m.—6 p.m. 9784 Fantastic Sam's Hair Salon 1000 9 a.m.—7 p.m. 9786 Vivi Nails Nail Salon 750 10 a m.—6 p.m. 9788 Dr Yeh Optometrist 1000 10 am.—6 p.m. 9790 Archibald Pet Hsp Veterinary 1168 9 am.—6 p.m. ® 9792 Barboni's Pizza Rest. 2400 11 a.m.—9 p m. 9794 Town&Country Liq Liquor Store 5169 7 am.—10 p.m. 9798 %s Vacant 1280 EXHIBIT E ® f L sfa -/,2 Item C-1321 HK's BAR &GRILL 9740 19TH STREET. ALTA LOMA,CA 91737. PHONE 909.9992220 BURGERS SALADS HK HAMBURGER- 7 COBB SALAD 12 Gritted Hamburger"I w/Lettum OkW Gn*d Chkko,romotoM A Bed Onix► rama ft 3 gMtedred arrtosrs a XW Cheaae om tills alar a bed al mixed Greens served w/fnedttm files Add Bacon$Z Strad wl ow ehace old e.096 HK CHEESE BURGER• a ALTA LOMA SALAD 10 Grilled Hombrvgerfall%w/Lethtcy 0kedGrtlkrdChlcbM romdeoe;drledciaMertex romaft a gritted rad wkas Fero Cheael Otapped Akeandq Served w/Freedom kites Add Baca►$T A Gropes(la Sea-4 Served wl HKVktolrem. (rater choke Cheddi r�lack w swine cheese) ORTEGA BURGER• a HK WEDGE SALAD 9 Wedge alloWl Le9tuae Oked ramoto ft Grilled Hambwger 9'bnl.wl LeMMIp. L7trlay Bhre Grease vuab4s 4 8otsm aft rotrrat4 OrteW Chiles i gn*d rid anions Rived wl yaw choly 4Oresilhm rapped w a pepperrhbd Served w/Fredap Fran Add Beans S2 (Your choke Cheddar-Jack arSwim cbeese) HOUSE SALAD 4 BLUE CHEESE BURGER" a BedarmhedGreea>I.dad ramamn Cucumber,thnddad awd w Alas!Cheese /yaw shaft of OremV. Hamburger Lettuay ��,,, Tamara grrlhd anon 4 Blas cheese. Served wtl Freedaer Fetes Add Bacon$2 PATTY MELT- SALAD DRESSINGS: e Gritted MamburgvrPuft w/Grilled Ordaas HK's VINEGARET7E Sw iss a Caddo Owm 10001OW4 1000 ISLAND on eossced Sawdaagit Served M/FnadamFrha BLUE CHEESE RANCH CUCAMONGA BURG ER° 10 ,JALAPEAo RANo4 A ititptntain al o burger) 2 Grilled Hamburger yank[wl LeR g ramat4 grilled red Dolan 4 Blur Cheers Served we✓freedom Fetes. Add Baht$I STEAKS/SPECIALTY SOUPS HK'S FILET MIGNON • 19 BROCCOU CHEESE Cup 3 BOwL 3 Orale Ba¢wrappedin 0 - I yakd to yawlikbrgt p e a ft%hwSmorw Vepmbles Pbfallate CHICKEN NOODLE CUP 3 BOWL eJ Add a Soup ar Sated $ NEW YORK S?RIP •toms 17 Chaise gee,gnBed 0 arae! DESSERTS S&Wd err/Hmtrenrade neaahed pommel a fresh Seasonal V"Wamq FRIED ICE CREAM 4 Add a Saup ar Salad $3 A Large soap al VeW t to beep meed In spacial pose 8 deep feed TORTEWNI Fouls cmmw 10 fawcherse rwUWsnradreredinmet Smoijed rarwfp M�. BALMY CHEESE CAKE 3 vodksce A*rdamuSe►wdw/cheaeb►aedslket Add chKkrae or Sh"59 rapped w Cllacarew ar RsrpbamSwce CHOCOLATE SUNDAY 5 V=A%ke Germ w it pm/att glass awk chaeabm syrup rappel with whipped cram ar d.a cherry ce tip OPEN SAT&SUN AT 9:30AM SERVING BREAKFAST—BLOODY .•{ll Fbothall Games are showing-get MARY'S AND MIMOSA SPECIALS here early........ FOR RESCRVATIONS CALL KARL 909-9632220 11K'3 Bar and Grill T-Shirts SIr9.00 Sizes L, A, XYL I rrpat5,L'/n:irry, psl4 rJ,sk?nl:sn,n nW3 rr,7e'mrr-33A per It -lness Item C-1322 FTHIE CITY OF RANCHO CUCAMONGA THE MINUTES OF CUCAMONCA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION FEBRUARY 12, 2014 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I• CALL TO ORDER ® Pledge of Allegiance 7.•00 PM Roll Call Chairman Howdyshell X Vice Chairman Fletcher X Munoz A Wimberly X Oaxaca X Additional Staff Present: Donald Granger, Senior Planner, Jeff Bloom, Deputy City Manager/Economic and Community Development;Dan James, Senior Civil Engineer,Mayuko Nakajima, Assistant Planner; Lois Schrader, Planning Commission Secretary Mike Smith, Associate Planner, Tabe van der Zwaag, Associate Planner, Tom Grahn, Associate Planner it was noted that Commissioner,'Munoz' absence is excused for medical reasons. II. PUBLIC COMMUNICATIONS or the general public to address the Historic Preservation Commission or the This is the time and place f Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic Preservation Commission or the Planning Commission from addressing any issue not previously included on the Agenda. The Historic Preservation Commission or the Planning 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 desiring to speak. All communications are to be addressed directly to the Historic Preservation Commission or Planning Commission, not to the memb ( f audience. This is a professional business meeting and courtesyand decorum ere of the from any debate between audience and speaker, making louu noises, or engaging n any activity which EXHIBIT Item C-D23 • RESOLUTION NO. 14-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2013-01025,A REQUEST TO MODIFY CONDITIONAL USE PERMIT 87-06 TO EXTEND THE HOURS OF OPERATION FOR A BAR AND GRILL WITHIN THE NEIGHBORHOOD COMMERCIAL (NC) DEVELOPMENT DISTRICT, LOCATED AT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1076-011-10. A. Recitals. 1. HK's Bar and Grill filed an application for the issuance of Conditional Use Permit DRC2013-01025 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 12th day of February, 2014, 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 12, 2014, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 3,700 square foot in-line tenant space within a commercial center with 21 other tenants including anchor Stater Brother's Market and is located on the northeast corner of Archibald Avenue and 19th Street; and b. To the north is the 210 Freeway; to the south (across 19th Street) is single-family development within the Low Medium (LM) Development District; to the east is a multi-family development within the Medium High (MH) Development District; and to the west (across Archibald Avenue)is a multi-family development within the Low Medium(LM)Development District; and C. The applicant's purchased Peppers Restaurant on April 18,2013 and changed the name to HK's Bar and Grill. They have since renovated the interior of the restaurant and created a new menu. The business continues to operate under Pepper's CUP (87-06), which requires that they close by 11:00 p.m., 7 days per week. The applicant is requesting to extend the hours of operation and to add live entertainment (DRC2013-01027). • EXHIBIT E Item C-1324 PLANNING COMMISSION RESOLUTION NO. 14-10 CONDITIONAL USE PERMIT DRC2013-01025- HK'S BAR AND GRILL February 12, 2014 Page 2 d. HK's Bar and Grill operates a full-service restaurant serving lunch and dinner. They will have approximately 19 employees with 9 employees working on the largest shift; and e. The applicant's Security Plan has been reviewed and accepted by the Rancho Cucamonga Police Department; and f. A full menu will be served at all times that alcoholic beverages are served; and g. The center has a 29 parking space deficit with the current tenant makeup. The applicant's tenant space has continually been used as a restaurant since 1987 and is busiest evenings when many of the neighboring office uses are closed. For this reason, Staff feels that continuing the existing use will not negatively impact the other tenants in the center and there will be adequate parking for all the uses on the site. 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 use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code,Municipal Code,General Plan,and any applicable Specific Plans or City regulations/standards. In that, the operation of a bar in conjunction with a restaurant is permitted within the Neighborhood Commercial (NC) Development District with the approval of a Conditional Use Permit. b. The site is physically suited for the type,density, and intensity of the proposed use including access,utilities,and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards. In that;the commercial center in which the site is located was designed for a wide variety of commercial uses including restaurants with bars. C. Granting the application would not be detrimental to the public, health, safety, morals, or welfare, in that the applicant has provided a Security Plan to regulate the operation of the restaurant and bar to limit any negative effects on the public. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities -which covers the permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead. agency's original determination. The project entails increasing the hours of operation and permitting entertainment for an existing restaurant and bar with no expansion or major changes to the existing building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3,and 4 above,this Commission hereby approves the application, subject to each and every condition set forth below and in the standard conditions attached hereto and incorporated herein by this reference: Item C-D25 PLANNING COMMISSION-1.9SOLUTION NO. 14-10 CONDITIONAL USE PERMIT DRC2013-01025-HK'S BAR AND GRILL February 12, 2014 Page 3 Planning De artment 1) Approval is to expand the hours of operation of a 3,700 square foot restaurant and bar at 9740 19th Street-APN: 1076-011-10. 2) Changes to the approved Site Plan, Floor Plan, and/or expansion of the approved hours of operation requires prior approval of the Planning Manager or Planning Commission. 3) The approved hours of operation are Sundays through Wednesdays from 9:30 a.m. to 12:00 a.m. (Midnight) and from 9:30 a.m. to 2:00 a.m. Thursdays through Saturdays. 4) The business may also stay open until 2:00 a.m. for the following holidays: New Year's Eve, Valentine's Day, Saint Patrick's Day, Cinco de Mayo, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. 5) The full-restaurant menu shall be available at all times that alcoholic beverages are served. The service of alcoholic beverages shall cease a minimum of 30 minutes prior to the approved closing time. 6) The business operations shall be in compliance with the performance • standards that are described in Section 17.66 of the Development Code, including noise limits which are described in Section 17.66.050(G). 7) The business operations shall be in compliance with the regulations and requirements of the California Department of Alcoholic Beverage Control that apply to Type 47 Liquor Licenses. 8) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 9) All signs shall comply with Chapter 17.74 (Sign Regulations for Private Property)of the Development Code and Uniform Sign Program #11. 10) 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. Item C-1326 PLANNING COMMISSf:y:. .F CONDITIONAL NO. 14-10 CONDITIONAL USE PERMIT DRC2013-01025-HKS BAR AND GRILL February 12, 2014 Page 4 11) No modifications to the Floor Plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. 12) The applicant shall obtain all necessary permits from the Building and Safety Services Department and the Rancho Cucamonga Fire Protection District prior to operation. 13) This application (Conditional Use Permit DRC2013-01025) shall be brought back to the Planning Commission for review within 6 months of the date of the approval. Alcohol Service: 14) The applicant must use an identity card scanner(ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment as defined by the Development Code. (Definition of ID Scanner: An ID Scanner automates and documents the age verification process by scanning the ID through a card reader). The ID Scanner should record and timestamp the name, identification number, and date of birth on the identity card provided by patrons. This information should be recorded and maintained for a minimum of thirty (30) days. The business will provide the ID Scanner records to law enforcement upon request. 15) If persons under 21 years of age are allowed on the premises after midnight, the licensee(s) must utilize separate types of glassware to distinguish alcoholic drinks from non-alcoholic drinks. Additionally, persons over 21 years of age shall have a unique mark or symbol applied to the backside of their hand that readily identifies them as a person who can be served an alcoholic drink. 16) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 17) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating"All you can drink for..."or similar language. 18) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 19) Except for wine bottles, oversized containers or pitchers containing in excess of 25 ounces of an alcoholic drink shall not be sold to a single patron for their sole consumption. 20) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 21) Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. Item C—D27 PLANNING COMMISSION. .AOLUTION NO. 14-10 CONDITIONAL USE PERMIT ORC2013-01025-HK'S BAR AND GRILL February 12, 2014 Page 5 22) A file containing the names and dates of employment of eve person consumption b serving alcoholic beverages for every 9 p y patrons on the licensed premises and every manager shall be kept on the premises. The file shall also include a copy of each person's Certificate of Completion of the Department of Alcohol Beverage Control L.E.A.D.course(Licensee Education on Alcohol and Drugs)or equivalent. Upon request, said file shall be made available for review to representative of the City of Rancho Cucamonga Police Department. New employees will have 60 days from date of employment to.obtain a L.E.A.D. certification or equivalent . 23) There shall be a Designated Driver Program wherein there is an incentive to the person not drinking alcoholic beverages, who is in a group of three or more, to be the designated driver for that group of patrons. 24) There shall be a taxi-ride program where the establishment will offer to call a taxi for patrons when it seems appropriate. Phone numbers of local taxi companies shall be posted for viewing by patrons. Securi 25) Any patron who (1) fights or challenges another person to fight, (2) • maliciously and willfully disturbs.another person by loud or unreasonable noise, or(3)uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 26) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, in the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness,drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 27) Security guards shall maintain order and enforce the establishment's no loitering policy and shall take"reasonable steps"(as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code)to correct objectionable conditions that constitute a nuisance. 28) Except in case of emergency,the licensee shall not permit its patrons to ® enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from the patio Item C-D28 PLANNING COMMISSILl RESOLUTION NO. 14-10 .� CONDITIONAL USE PERMIT DRC2013-01025-HISS BAR AND GRILL February 12, 2014 Page 6 areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 29) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing;handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Licensee(s); verifying age/checking identification of patrons;warning patrons of reaching their drinking limit/potential intoxication and refusing to serve;and calling the police regarding observed or reported criminal activity. 30) Contract security services shall be familiar with the establishments written security policy and procedures; by reviewing them and signing they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual. 31) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. Fire District/Building and Safety Services Department 1). Any proposed Floor Plan, seating, occupancy, and/or furnishing changes must be submitted to Rancho Cucamonga Fire Protection District for review and approval. Do not increase the approved occupant load. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2014 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: r C— \ . CCG-'' Frances Howdyshell, Chairman ATTEST: Candyce Burnett, Secretary Item C—D29 PLANNING COMMISSION R SOLUTION NO. 14-10 CONDITIONAL USE PERMIT ORC2013.01025-HK'S BAR AND GRILL February 12, 2014 Page 7 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 12th day of February by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ ABSTAIN: COMMISSIONERS: NONE Item C-1330 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD - CONDITIONS PROJECT#: DRC2013-01025 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: HK'S BAR AND GRILL LOCATION: 9740 19TH STREET-APN: 1076-011-10 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT, APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: comcietion Date 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. 14-10 or Approval I I_ Letter, 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 Manager hearing. a) Notice of Exemption-$50 X 1 Item C—D31 Project No. DRC2013-01025 Completion Date B. Time Limits ® 1. Any approval shall expire if Building Permits are not issued or approved use h as commenced within 5 years from the date of approval or a time extension has been granted.t /C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which Program, and grading on file in the Planning Department, the coninclude Site Plans, architectural elevations, exterior materials and colors, landscaping, sign and the Development Code regulations. ditions contained herein,- 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 Manager. _ 3. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 4. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Manager review and approval prior to the issuance of Building Permits. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. • 2 Item C—D32 J ,l RESOLUTION NO. 14-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT PERMIT DRC2013-01027,A REQUEST TO PROVIDE ENTERTAINMENT INCLUDING LIVE MUSIC ANDA DISC JOCKEY AT HK'S BAR AND GRILL WITHIN THE NEIGHBORHOOD COMMERCIAL(NC) DEVELOPMENT DISTRICT LOCATED AT 974019TH STREET;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-011-10. A. Recitals. 1. HK's Bar and Grill filed an application for the issuance of Entertainment Permit DRC2013-01027 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as"the application." 2. On the 12th day of February, 2014, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing ort 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 12, 2014, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a. 3,700 square foot inline tenant space within a commercial center with 21 other tenants including anchor Stater Brothers Market and is located on the northeast corner of Archibald Avenue and 19th Street; and b. To the north is the 210 Freeway;to the south(across 19th Street) is single-family development within the Low Medium (LM) Development District; to the east is a multi-family development within the Medium High (MH) Development District; andto the west (across Archibald Avenue)is a multi-family development within the Low Medium(LM)Development District; and C. Live music and DJ's are proposed from 6:00 p.m.to 11:30 p.m., Sundays through Wednesdays and from 6:00 p.m. to 1:00 a.m. Thursdays through Saturdays. The live music will consist of bands with up to four members playing pop, country, and acoustic music. The DJ's will play recorded music with a focus on classic rock and pop music. The Site Plan includes a 145 square foot dance floor adjacent to the stage and the bar area. No admission will be charged for the entertainment. In addition to the live entertainment, the applicant also proposes having • four electronic dart board games, an electronic golf game and a jukebox. EXHIBIT F Item C-1333 PLANNING COMMISSION RESOLUTION NO. 1411 ENTERTAINMENT PERMIT DRC2013-01027- HK'S BAR AND GRILL February 12, 2014 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The conduct of the establishment or the granting of the application is consistent to the public health, safety, morals or welfare. The applicant has provided a Security Plan and conditions have been imposed to ensure the proper service of alcohol to patrons and the building complies with all applicable Fire and Building Codes.'' b. The premises or establishment is likely to be operated in a legal,proper and orderly manner. The applicant has submitted a Business Plan that includes a Security Plan that has been reviewed and accepted by the Police Department to minimize potential negative activities and nuisance impacts. C. Granting the application would not create a public nuisance. The applicant has applied for this Entertainment Permit and provided all required documents to allow for an in-depth review of the proposed business operation. Further,with the inclusion of the Conditions of Approval, potential negative activities and nuisance impacts will be controlled and minimized. d. The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. The project is in excess of 1,000 feet from the nearest residence and conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.66.050 G of the Development Code and will not create adverse impacts upon adjacent uses. e. The applicant has not. made any false, misleading, or fraudulent statement of material fact in the required application. Staff has reviewed the submitted documents and found them to be accurate. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities-which covers the,..permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. In that, the project consists of permitting entertainment in a restaurantibar with no expansion of the existing tenant space. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment: The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3,and 4 above,this Commission hereby approves the application, subject to each and every condition set forth below and in the standard conditions attached hereto and incorporated herein by this reference: Item C-1334 PLANNING COMMISSION RESOLUTION NO. 14-11 ENTERTAINMENT PERMIT ORC2013-01027-HKS BAR AND GRILL • February 12, 2014 Page 3 Planning Department 1) Approval is for live entertainment in conjunction with a 3,700 square foot restaurant and bar at 9740 19th Street-APN: 1076-011-10. 2) The approved entertainment is limited to live music with dancing with up to four musicians, DJ's playing recorded music, five electronic game machines, and a jukebox. Expansion of the types of entertainment provided or intensity requires prior Planning Commission approval. 3) All conditions of approval for Conditional Use Permit ORC2013-01025 shall apply. 4) Site security shall conform to the submitted Security Plan and the conditions outlined in this Resolution of Approval. 5) The approved hours of operation for the entertainment shall be limited to between 6:00 p.m. and 11:30 p.m. on Sundays through Wednesdays and between 6:00 P.M. and 1.00 a.m. from Thursdays through Saturdays. 6) Entertainment may also be provided until 1:00 a.m. on the following • holidays: New Year's Eve, Valentine's Day, Saint Patrick's Day, Cinco de Mayo,Memorial Day,4th of July, Labor Day,Thanksgiving Day,and Christmas Day, 7) All entertainment shall be conducted inside the building. 8) All doors and windows shall remain closed when entertainment is provided for noise attenuation purposes. 9) Adult entertainment, as defined in Section 17.128.020 of the Development Code, is not permitted. 10) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable security firm as approved by the Rancho Cucamonga Police Department shall be required to be on the premises during the hours of entertainment as defined in Condition No. 5. The guard shall be in peace officer attire and shall remain on duty in the parking area and outside of the adjacent areas of the,facility to avert problems such as loud noise, disorderly conduct from patrons, or anyone in the parking lot, loitering activities, and any other nuisances or disturbances. 11) The applicant must use an identity card scanner(ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment. (Definition of ID Scanner: An I D Scanner automates and documents the . • age verification process by scanning the ID through a card reader). The ID Scanner should record and timestamp the name, identification Item C-1335 PLANNING COMMISSION.RESOLUTION NO. 14-11 ENTERTAINMENT PERMIT DRC2013-01027-MCS BAR AND GRILL February 12, 2014 Page 4 number, and date of birth on the identity card provided by patrons.This information should be recorded and maintained for a minimum of thirty (30) days. The business will provide the ID Scanner records to law enforcement upon request. 12) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasonable noise, or(3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 13) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection.by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance° means disturbance of the peace,public drunkenness,drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 14) Security guards shall maintain order and enforce the establishment's no loitering policy and shall take"reasonable steps"(as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code)to correct objectionable conditions that constitute a nuisance. 15) There shall be no flashing lights, disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 18) The business operations shall be in compliance with the performance standards that are described in Section 17.66 of the Development Code, including noise limits which are described in Section 17.66.050(G). 17) The business operations shalt be in compliance with the regulations and requirements of the California Department of Alcoholic Beverage Control that apply to Type 47 Liquor Licenses. 18) Access to the loungelentertainment area must be from the main entrance to the restaurant and not from a separate exterior entrance. Other exits shall be used for emergency purposes only. Item C.—D36 PLANNING COMMISSION RESOLUTION NO. 14-11 ENTERTAINMENT PERMIT ORC2013-01027-HCS BAR AND GRILL February 12, 2014 • Page 5 19) if operation of this Entertainment Permit causes adverse effects upon the adjacent residences, businesses, or operations including, but not limited to, noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 20) This Entertainment Permit application DRC2013-01027 shall be brought back to the Planning Commission for review within 6 months of the date of approval. 21) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 22) The applicant shall submit an annual renewal statement and fee,due on or before January 1 of each and every year per Section 17.20.20(G)of the Development Code. 23) All signs shall comply%?lith Chapter 17.74(Sign Regulations for Private Property)of the Development Code and Uniform Sign Program#119. 24) Security personnel required by the Entertainment Permit issued for the • licensed premises shall be in a uniform or clothing that is readily identifiable as a security person. The uniform of the security shall have the word "Security" clearly visible on it. They shall maintain order and enforce the establishment's no loitering policy and shall take "reasonable steps' (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. 25) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior, handling patrons involved in fighting or arguing;handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Licensee(s); verifying age/checking identification of patrons;warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the Police regarding observed or reported criminal activity. 26) Contract security services shall be familiar with the establishment's written security policy and procedures; by reviewing them and signing they have read and understood the policy. The acknowledgement shat(be kept in a file relating to the security manual Item C-1337 PLANNING COMMISSION RESOLUTION NO. 14-11 ENTERTAINMENT PERMIT DRC2013-01027-HK S'BAR AND GRILL February 12, 2014 Page 6 27) Prior to utilizing a contract security guard company, the establishment shall ' verify the security company. has a current City of Rancho Cucamonga Business License. 28) All managers, bartenders, and servers shall complete the Licensee Education on Alcohol and Drugs (LEAD) Program offered by the California Department of Alcohol Beverage Control within 60 days of being hired. Fire District/Building and Safety Services Department 1) Any proposed Floor Plan,seating,occupancy and/or furnishing changes must be submitted to Rancho Cucamonga Fire Protection District for review and approval. Do not increase the approved occupant load. 6. The Secretary to this Commission shaA certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2014 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: rances Howdyshell, Chairman ATTEST:. :....._.. Candyce Burnett, Secretary! 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 12th day of February by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ ABSTAIN: COMMISSIONERS: NONE -- Item C-D38 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2013-01027 SUBJECT: ENTERTAINMENT PERMIT APPLICANT: HK'S BAR AND GRILL LOCATION: 9740 19TH STREET—APN: 1076-011-10 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: ® A. General Requirements completion oats 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. 14-11 or Approval Letter;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 Manager hearing. a) Notice of Exemption-$50 X • 1 Item C—D39 Project No. DRC20f3-01027 Completion Date B. Time Limits 1. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all I I_ Conditions of Approval shall be completed to the satisfaction of the Planning Manager. I Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been compiled with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 4. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be !/_ submitted for Planning Manager review and approval prior to the issuance of Building Permits. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances,and applicable Community, Specific Plans and/or Master Plans in effect.at the time of Building Permit issuance. 2 Item C-1340 ; • RESOLUTION NO. 15-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT (MODIFICATION) DRC2015-00227, A REQUEST TO MODIFY CONDITIONAL USE PERMIT 87-06 AND CONDITIONAL USE PERMIT (MODIFICATION)DRC2013-01025 TO INCREASE THE FLOOR AREA BY 1,200 SQUARE FEET FOR A RESTAURANT WITH A BAR WITHIN THE NEIGHBORHOOD COMMERCIAL (NC) DEVELOPMENT DISTRICT, LOCATED AT 974019TH STREET;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-011-10. A. Recitals. 1. HK's Bar and Grill filed an application for the issuance of Conditional Use Permit (Modification) DRC2015-00227 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 13th day of May, 2015, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 13,2015, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 4,900 square foot in-line tenant space (originally approved 3,700 square foot tenant space along with the 1,200 square foot expansion area)within a commercial center with 21 other tenants including the tenant anchor, Stater Brother's Market,and is located on the northeast corner of Archibald Avenue and 19th Street; and b. To the north is the 210 Freeway; to the south (across 19th Street) is single-family development within the Low Medium (LM) Development District; to the east is a multi-family development within the Medium High (MH) Development District; and to the west (across Archibald Avenue)is a multi-family development within the Low Medium(LM)Development District; and ® C. The applicant purchased Pepper's Restaurant on April 18, 2013 and changed the name to HK's Bar and Grill. The Planning Commission approved Conditional Use Permit Item C—D41 PLANNING COMMISSION RESOLUTION NO. 15-30 CONDITIONAL USE PERMIT DRC2015-00227- HK'S BAR AND GRILL May 13, 2015 Page 2 (Modification) DRC2013-01025 and Entertainment Permit DRC2013-01027 on February 12,2014. Conditional Use Permit (Modification) DRC2013-01025 established a new set of Conditions of Approval for the operation of the business and modified the closing time approved by CUP 87-06 from 11:00 p.m. to 12:00 a.m., Sunday through Wednesday and from 11:00 p.m. to 2:00 a.m., Thursday through Saturday. The entitlement also modified the closing time on select holidays to close at 2:00 a.m., as outlined in Resolution of Approval 14-10. Entertainment is approved from 6:00 p.m. to 11:30 p.m. Sunday through Wednesday and from 6:00 p.m. to 1:00 a.m. Thursday through Saturday. The approved floor plan includes 100 seats and a 170 square foot dance floor. The current Rancho Cucamonga Fire Department (RCFPD) occupancy rating for the business is 128 persons; and d. . The applicant proposes expanding the floor area of the restaurant by 1,200 square feet in order to move the existing stage area away from front entrance and to increase the seating area (Attachment A to this Resolution). The floor plan changes will improve the flow of the restaurant by eliminating the necessity of having to navigate around the stage when entering the restaurant. The changes will increase the seating capacity by 40 seats for a total capacity of 140 seats. The additional floor area increases the RCFPD occupancy rating by 80 persons for a total occupancy rating of 208 persons. The applicant does not propose changing the operating hours or the times at which entertainment is provided, and e. HK's Bar and Grill operates a full-service restaurant serving lunch and dinner. The bar and grill will have,with the proposed expansion,approximately 25 employees with 12 employees working on the largest shift. The additional floor area will also necessitate one additional security guard to monitor the second entrance when entertainment is provided; and f. The commercial center in which the site is located was developed with 64,610 square feet of lease area and 319 parking spaces. The required parking was calculated at 4.5 parking spaces per 1,000.square feet of gross tenant space, which translates into a parking requirement of 348 parking spaces. The center has a 29 parking space deficit and is considered legal nonconforming with the current parking requirements of the Development Code. The applicant's tenant space has continually been operated as a restaurant since 1987 and is the busiest in the evenings when many of the neighboring office uses are closed . For this reason, staff concludes that continuing the existing use will not negatively impact the other tenants in the center. 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 use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code, Municipal Code,General Plan,and any applicable Specific Plans or City regulations/standards. The operation of a bar in conjunction with a restaurant is a permitted use within the Neighborhood Commercial(NC)Development District with the approval of a Conditional Use Permit. b. The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards. The commercial center in which the site is located was designed for a wide variety of commercial uses including restaurants with bars. Item C-D42. PLANNING COMMISSION RESOLUTION NO. 15-30 CONDITIONAL USE PERMIT DRC2015-000227-HK'S BAR AND GRILL May 13, 2015 Page 3 C. Granting the application would not be detrimental to the public, health, safety, morals,or welfare. The applicant submitted a Business Plan with the originally approved applications (CUP DRC2013-01025 and EP(DRC2013-01027)that included a Security Plan,which was reviewed and accepted by the Rancho Cucamonga Sherriffs Department. The Sherriffs Department visited the site and found the business to be operating in a good manner and in conformance with the approved Security Plan. 4. Prior to any action being taken on this entitlement, the Planning Department Staff determined that the project is categorically exempt from the requirements of the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities - which covers the permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The scope of the project includes increasing the floor area of an existing restaurant by 1,200 square feet by expanding the business into the adjacent tenant space. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of.exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3,and 4 above,this Commission hereby approves the application, subject to each and every condition set forth below and in the standard conditions attached hereto and incorporated herein by this reference: • Planning Department 1) Approval is to expand the floor area of an existing restaurant with bar by 1,200 square feet for total floor area of 4,900 square feet as shown on Attachment A to this Resolution incorporated herein for a site located at 9740 19th Street-APN: 1076-011-10. 2) Changes to the approved Site Plan, Floor Plan, and/or expansion of the approved hours of operation requires prior approval of the Planning Director or Planning Commission. 3) All Conditions of Approval for Conditional Use Permit DRC2013-01025 and Entertainment Permit DRC2013-01027 shall apply. Fire District/Building and Safety Services Department 1) Any proposed Floor Plan, seating, occupancy, and/or furnishing changes must be submitted to Rancho Cucamonga Fire Protection District for review and approval. 2) The expansion of the business into the neighboring tenant space requires prior approval of a Change of Occupancy through the Building Department. Item C-1343 PLANNING COMMISSION RESOLUTION NO. 15-30 CONDITIONAL USE PERMIT DRC2015-000227-HK'S BAR AND GRILL May 13, 2015 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: Candyce Burnett, Secretary I, Candyce Burnett,Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced,passed,and adopted by the Planning Commission of the City of Rancho Cucamonga,at a regular meeting of the Planning Commission held on the 13th day of May by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Item C—D44 *0:48 PM • IEI EXIT PANIC HDW EXIST. 15+ LOCKER RM i.� EX ST. OFFICE l[I ___ r• : EXIT y ® ICE u F PANIC HS NI" S x NRDMN AX % 2 DN Oy .�'. 2m „ A III O� ^ nF _ _� 00 EXIT ; PANIC IN wv L HROWR Yr Y E%15T. WALK IN COOLER a U X � NEW Y� NAR AREA J +nl F 0k N EXIST. S KITCHEN S • A � a _ mX IO 2 N lCl oPENua VI y 4 a w S rF 10 = g 4 IB 19 20 21 22 23 2. 25 yz Da a Q • 1 4 = a a POS -_. _....... Ul Ell EXIST.FAR AREA ADJACENT T N i 2 in En � SEATING=25 TENANT 21 g" ° _ �` ` 9 10 p�.�� • �a� PUS 1 N aF a! s 3 tm+r Nlun uu+Auw+ D - _ SEATING=16 rcll:uuw.v • a . • . 4 n E%15T. PANIC � WA,TINO r H • 4 4 U EXXITIT 4 4 q 0 E%Ii (NI BUM 101 IN)!W{+pC 10 I ( ( (O l4 IO I +E)CONC:ML IE WALK COVERED PATIO wO,w.Cll tival�wu,��(NI un+l (MI KI[IYTNIMI (E)CURD Conditions of Approval R" -PTO CUC.AMONGA Community Development Department Project#: DRC2015-00227 DRC2015-00228 Project Name: HK's Bar and Grill Expansion Location: 9740 19TH ST- 107601110-0000 Project Type: Conditional Use Permit Modification Entertainment Permit Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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 or Approval Letter, Conditions of Approval, 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 California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 4. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. Building and Safety Services Department Standard Conditions of Approval 1. All exit components must comply with the requirements of CBC (adjoining rooms, rated corridors, door swings, separation of exits, etc.). 2. The plans shall be designed incompliance with CBC regarding mixed occupancy ratio and the Green Building Standard Code. 3. Due to the scope of the project, an Occupancy Change review is required. Submit plans to the Building and Safety Services Department to determine compliance for the proposed use. 4. Provide compliance with the Current Edition of California Building Code (CBC) for the property line clearances considering use, area, and fire-resistive rating of existing buildings. 5. Finish materials must comply with flame spread smoke devlopment regulations of the CBC Chapter 8 6. The Building and Safety Services Department requires that change of occupancy plans be prepared by professional architect licensed in California. • 7. Provide required restroom facilities per the CBC. Printed:4/30/2015 www.CityofRC.us Item C-1346 Project#: DRC2015-00227 DRC2015-00228 Project Name: HK's Bar and Grill Expansion Location: 9740 19TH ST- 107601110-0000 Project Type: Conditional Use Permit Modification Entertainment Permit Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Building ROJECT.Building and Safety Services Deyartment Standard Conditions of Approval 8. The facility must meet the State of California's Energy Standard regulations applicable to the new occupancy. 9. Upon tenant improvement and/or change of occupancy plans review, additional analysis may be required. Printed:4/30/2015 www.CityofRC.us Page 2 of 2 Item C-D47 i RESOLUTION NO. 15-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT PERMIT (MODIFICATION) DRC2015-00228, A REQUEST TO MODIFY ENTERTAINMENT PERMIT DRC2013-01027 IN ORDER TO INCREASE THE FLOOR AREA BY 1,200 SQUARE FEET FOR A RESTAURANT WITH A BAR THAT PROVIDES ENTERTAINMENT WITHIN THE NEIGHBORHOOD COMMERCIAL (NC) DEVELOPMENT DISTRICT, LOCATED AT 974019TH STREET;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-011-10. A. Recitals. 1. HK's Bar and Grill filed an application for the issuance of Entertainment Permit (Modification) DRC2015-00228 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 2. On the 13th day of May, 2015, the Planning Commission of the City of Rancho Cucamonga Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. • B. Resolution. NOW, THEREFORE, it is hereby found,determined,and resolved by the Planning Commission of the City of Rancho,Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 13, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 4,900 square foot in-line tenant space (originally approved 3,700 square foot tenant space along with the 1,200 square foot expansion area)within a commercial center with 21 other tenants including the anchor tenant, Stater Brother's Market, and is located on the northeast corner of Archibald Avenue and 19th Street; and b. To the north is the 210 Freeway; to the south (across 19th Street) is single-family development within the Low Medium (LM) Development District; to the east is a multi-family development within the Medium High (MH) Development District; and to the west (across Archibald Avenue)is a multi-family development within the Low Medium (LM) Development District; and C. The applicant purchased Pepper's Restaurant on April 18, 2013 and changed the name to HK's Bar and Grill. The Planning Commission approved Entertainment Permit DRC2013- ® 01027 on February 12, 2014 to permit entertainment from 6:00 p.m. to 11:30 p.m. Sunday through Item C-D48 PLANNING COMMISSION RESOLUTION NO. 15-31 ENTERTAINMENT PERMIT DRC2015-00228-HK'S BAR AND GRILL May 13, 2015 Page 2 Wednesday and from 6:00 p.m. to 1:00 a.m. Thursday through Saturday. The applicant does not propose any changes to the time at which entertainment is provided; and d. The applicant.proposes expanding the floor area of the restaurant by 1,200 square feet in order to move the stage area away from front entrance and to increase the seating area. The floor.plan changes will improve the flow of the restaurant by eliminating the necessity of having to navigate around the stage when entering the restaurant. The changes will increase the seating capacity by approximately 40 persons. The applicant does not propose changing the operating hours or the times at which entertainment is provided. 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 conduct of the establishment or the granting of the application is consistent to the public health, safety, morals or welfare. The applicant provided a Security Plan with the original entitlement and conditions have been imposed to ensure the proper service of alcohol and that the building complies with all applicable Fire and Building Codes. b. The premises or establishment is likely to be operated in a legal, proper and orderly manner. The applicant submitted a Business Plan with the originally entitlement (CUP DRC2013- 01025 and EP DRC2013-01027)that included a Security Plan,which was reviewed and accepted by the Rancho Cucamonga Sherriff s Department. The Sherriff s Department visited the site and found the business to be operating in a good manner and in conformance with the approved Security Plan. Additionally, there have been no Bureau of Alcohol Beverage Control violations in the last year. C. Granting the application would not create a public nuisance. The Rancho Cucamonga Sherriffs Department have informed staff that there has been a below average number of calls-for-service to the business and that the business is being managed in a manner that limits any negative impacts on the public. Additionally, there have been no Bureau of Alcohol Beverage Control violations in the last year. d. The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. The project site is in excess of 250 feet from the nearest residence and conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.66.050-G of the Development Code and will not create adverse impacts upon the adjacent uses. Additionally, there have not been any complaints reported to the City regarding the operation of the business. e. The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. Staff has reviewed the submitted documents and found them to be accurate. 4. Prior to any action being taken on this entitlement, the Planning Department Staff determined that the project is categorically exempt from the requirements of the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301 -Existing Facilities-which covers the permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The scope of the project includes increasing the floor area of an existing restaurant by 1,200 square feet by expanding the business Item C—D49 PLANNING COMMISSION RESOLUTION NO. 15-31 ENTERTAINMENT PERMIT DRC2015-00228- HK'S BAR AND GRILL May 13, 2015 Page 3 • into the adjacent tenant space. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3,and 4 above,this Commission hereby approves the application, subject to each and every condition set forth below and in the standard conditions attached hereto and incorporated herein by this reference: Planning Department 1) Approval is to expand the floor area of an existing restaurant with bar by 1,200 square feet for total floor area of 4,900 square feet as shown on Attachment A to this Resolution incorporated herein fora site located at 9740 19th Street-APN: 1076-011-10. 2) Changes to the approved Site Plan, Floor Plan, and/or expansion of the approved hours of operation requires prior approval of the Planning Director or Planning Commission. 3) All conditions of approval for Conditional Use Permit DRC2013-01025 and Entertainment Permit DRC2013-01027 shall apply. Fire District/Building and Safety Services'Department 1) Any proposed Floor Plan, seating,occupancy and/or furnishing changes must be submitted to Rancho Cucamonga Fire Protection District for review and approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: Candyce Burnett, Secretary Item C-1350 PLANNING COMMISSION RESOLUTION NO. 15-31 ENTERTAINMENT PERMIT DRC2015-00228-HK'S BAR AND GRILL May 13, 2015 Page 4 I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed,and adopted by the Planning Commission of the City of Rancho Cucamonga,at a regular meeting of the Planning Commission held on the 13th day of May by the following vote-to-wit: AYES:. COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Item C-D51 Conditions of Approval • *P,111CHO CUCAMONGA Community Development Department Project#: DRC2015-00227 DRC2015-00228 Project Name: HK's Bar and Grill Expansion Location: 9740 19TH ST-107601110-0000 Project Type: Conditional Use Permit Modification Entertainment Permit Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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 or Approval Letter, Conditions of Approval, 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 California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 4. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. Building and Safety Services Department Standard Conditions of Approval 1. All exit components must comply with the requirements of CBC (adjoining rooms, rated corridors, door swings, separation of exits, etc.). 2. The plans shall be designed incompliance with CBC regarding mixed occupancy ratio and the Green Building Standard Code. 3. Due to the scope of the project, an Occupancy Change review is required. Submit plans to the Building and Safety Services Department to determine compliance for the proposed use. 4. Provide compliance with the Current Edition of California Building Code (CBC) for the property line clearances considering use, area, and fire-resistive rating of existing buildings. 5. Finish materials must comply with flame spread smoke devlopment regulations of the CBC Chapter 8 6. The Building and Safety Services Department requires that change of occupancy plans be prepared by professional architect licensed in California. 7. Provide required restroom facilities per the CBC. Printed:4/30/2015 www.QtyofRC.us Item C-1352 Project# DRC2015-00227 DRC2015-00228 Project Name: HK's Bar and Grill Expansion Location: 9740 19TH ST- 107601110-0000 Project Type: Conditional Use Permit Modification Entertainment Permit.Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Buildina and Safety Services Decartment Standard Conditions of Approval 8. The facility must meet the State of California's Energy Standard regulations applicable to the new occupancy. 9. Upon tenant improvement and/or change of occupancy plans review, additional analysis may be required. www.CityofRC.us Printed:4/30/2015 Page 2 of 2 Item C—D53 3:00:48 PM EXIT PANIC NOW EXIST. LOCKER RM E OFFICE EX ST. lB rr S F PANIC m RS 29 nRDNR m • ._ F 2 a N ASI .1. Zm p ^ Di ® 0, of = II, r1 3. 0 ANC ; In 8 r PANIC may,. Iro�q Y A HROWR i�7� 10. ry EXIST. 'x COD ,h COOLER _ 2 NEW taG BAR AREA +[ll OK 2� A ) 2 1 N ExIST. S KITCHEN a � mN IEI z N lU OYINWG p LIT ' 0 6 S D b 40 A IB 19 ZO 21 22 23 N 25 m nn v 3 3 Z' - •_ 4 � 0 n a _ n Ln El A E PDS a � i • A a i P OS h p - EXIST. 64 .. BAR AREA ADJACENT Z Z n 11 SEATING=25 TENANT POS ' Om i�N 10 9 ��❑�❑�a I a �; ml.r x�x uwxon•r a - SEATING=16 _ IDcwepu. � 0 V � l EXIST. PANIC WAITING r HRD" A 4 EDIT Iq l0 ExIT ' Ix)AM6l0a %mum= (O t l (O lB IB COVERED PATIO l E)CUNI:HE[E WALD � � +�:[M1l unu IEI[l[I[11P41:.,N1 IM1OµI[xE[IOM151 (E)CURB STAFF REPORT PL-INNING DEPARTIfENT DATE: May 13, 2015 RANCHO TO: Chairman and Members of the Planning Commission cUCAMONGA FROM: Candyce Burnett, Planning Director BY: Dominick Perez, Assistant Planner SUBJECT: TIME EXTENSION DRC2015-00239— LIFEWAY CHURCH MINISTRIES -A request for a one-year time extension of Conditional Use Permit DRC2006-00926 for Lifeway Church to construct the remaining phases of the previously approved Lifeway Church Master Plan, including a 15,000 square foot two-story classroom wing and a 10,074 square foot multi-purpose hall for property located within the Low Residential District at 7477 Vineyard Avenue — APN: 0208-921-36. On April 24, 2002, a Mitigated Negative Declaration of environmental impacts was adopted by the Planning Commission for Conditional Use Permit DRC2001-00439. 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 Time Extension DRC2015-00239 by adoption of the attached Resolution of Approval with conditions. On April 24, 2002, a Mitigated Negative Declaration of • environmental impacts was adopted by the Planning Commission for Conditional Use Permit DRC2001- 00439. 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. ANALYSIS: A. Background: On April 24, 2002, the Planning Commission approved Conditional Use Permit DRC2001-00439 allowing for the phased development of a 41,300 square foot new church facility, with related buildings on a 5.03 acre vacant parcel (Exhibit B). With this approval, the Planning Department included a Condition in Resolution No. 02-43 (Exhibit C) stating, "The Master Plan is approved in concept only. Future development for each building proposed in phases 2, 3 and 4 shall be subject to separate Development Review process." Following the initial approval in 2002, the sanctuary, office buildings, parking lot and landscape improvements were constructed as part of the first phase of development. On October 19, 2006, WLC Architects, on behalf of Lifeway Church Ministries, submitted Conditional Use Permit DRC2006-00926. This application requested approval to develop the remaining phases of Lifeway Church, including an approximate 15,000 square foot classroom wing, an approximate 10,000 square foot multipurpose hall, and temporary classroom modules. This request was reviewed and approved by the Planning Commission on October 22, 2008 (Exhibit C). Per Resolution of Approval No. 08-62 (Exhibit D) for Conditional Use Permit DRC2006-00926, Planning Condition 2, the approval of the project was set to expire "if Building Permits are not issued or approved use has not commenced within five (5) years from the date of approval" on October 22, 2013. • On July 24, 2013, the Planning Commission approved Resolution of Approval No. 13-31 Exhibit E PP ( ) allowing for a Time Extension (DRC2013-00093) request to extend the duration of the existing entitlement approval by an additional two (2) years, which assigned an expiration date of October Item E-1 PLANNING COMMISSION STAFF REPORT DRC2015-00239- LIFEWAY CHURCH MINISTRIES May 13, 2015 Page 2 22, 2015. Since building permits are not yet issued, the applicant is now requesting to extend the permit for one (1) additional year. Development of the new phases was postponed due to financial reasons; however, the applicant has verbally indicated that upon approval of the subject Time Extension DRC2015-00239, Lifeway Church Ministries plans to submit building plans and begin construction of the 15,000 square foot classroom wing first, and then construct the 10,000 square foot multipurpose hall as part of the last and final phase. Per Development Code Section 17.14.090 (C), after the initial two (2) year extension, a final one (1) year extension of time may be granted. Time extension requests are subject to the review and approval by the same designated authority that approved the original project. The designated approving authority must find that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension. The applicant does not propose any changes to the project (Exhibit A). If the applicant's request is granted, the approval of the project will expire on October 22, 2016. A site visit/compliance check was conducted by the Planning Department staff on April 15, 2015. While onsite, staff observed that the site contains a sanctuary building, office building, as well as onsite parking and landscaping. Additionally, the temporary classroom module units that were once located east of the office building have since been removed as required per Resolution of Approval No. 08-62. Staff also verified that the landscaping along the south perimeter contained a total of nine (9)trees. However, the previously approved landscape planting plan indicated that a total of nineteen (19) Brisbane Box trees were required to be installed within the landscape planter along the south perimeter. Per Resolution No. 08-62 (Planning Condition No. 7), at least 50% or more of the new trees to be planted, as shown on the submitted Planting Plan, are required to be a minimum size of 36-inch box to further buffer the proposed development from the neighboring residential properties. As a result of site inspection, the Planning Department is proposing to include within the Conditions of Approval the installation of the remaining trees along the southern perimeter (as shown on the previously approved Planting Plan) to be installed prior to occupancy of the 15,000 square foot classroom wing or prior to the expiration date of Conditional Use Permit DRC2015-00239 (October 22, 2016), whichever comes first. The applicant has since verbally confirmed, during a follow up site inspection on April 28, 2015, that the trees will be installed prior to occupancy of the future buildings. Once installed, the trees will be in general compliance with the City's landscape requirements, which states that trees must be planted at a rate of one tree per thirty (30) linear feet of interior property line within a planter area. Because of the continuing drought and the subsequent Executive Order of Governor Brown regarding water conservation, staff would support the selection of a more drought tolerant tree variety other than the Brisbane Box. A modified condition of approval has been added to the Conditions of Approval that states, "Installation of the remaining 10 trees may be modified to include a drought tolerant tree variety subject to review and approval by the Planning Director prior to installation. The selected variety must-provide similar or better screening from the neighboring properties." B. Design Review Committee: After the project was presented to the Design Review Committee at several meetings, the project was conditioned by the Committee (October 14, 2008) with a recommendation of approval to the Planning Commission. The project was then scheduled for a public hearing before the full Planning Commission. The Committee's conditions were subsequently incorporated into the Resolution of Approval (Resolution No. 08-63)for the project. As the applicant does not propose any changes to the project in conjunction with this time extension request, no further action by any of the Committees was necessary. The Committee's original conditions of approval continue to apply and this is noted in the attached Resolution of Approval. Item E-2 PLANNING COMMISSION STAFF REPORT DRC2015-00239 - LIFEWAY CHURCH MINISTRIES ® May 13, 2015 Page 3 C. 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 April 24, 2002, in connection with the City's approval of Conditional Use Permit DRC2001-00493 for the approval of the initial project. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent or 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. In 2008, staff evaluated Conditional Use Permit DRC2006-00926 and concluded 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. At that time, the applicant proposed a less intense project by consolidating the initial Gymnasium and Fellowship Hall buildings into a smaller single structure that reduced the building height, square footage, and building mass by eliminating approximately 1,900 square feet. In the initial proposal, these two functions (i.e., the Gymnasium and Fellowship Hall) were provided in separate buildings on two levels. In the revised proposal, the buildings were combined into a single Multi-Purpose Hall that would be located on a lower, mid-plaza level. • Because the applicant is proposing a time extension to the previous approval, staff evaluated Time Extension DRC2015-00239 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. 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. Staff has determined that the project is consistent with the previously approved master plan. Furthermore, the design of the project has not changed since the Planning Commission approved Conditional Use Permit DRC2006-00926. 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 DRC2015-00239. 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. Respectfully submitted, Candyce urnett Planning Director • CB:DP/Is Item E-3 PLANNING COMMISSION STAFF REPORT DRC2015-00239- LIFEWAY CHURCH MINISTRIES May 13, 2015 Page 4 Attachments: Exhibit A - Time Extension Request Letter(prepared by the applicant) Exhibit B - Staff Report for Conditional Use Permit DRC2001-00439 Exhibit C - Staff Report for Conditional Use Permit DRC2006-00926, dated October 22, 2008 (Including Resolution 'of Approval No. 02-43 for Conditional Use Permit DRC2001-00439) Exhibit D - Resolution of Approval No. 08-62 for Conditional Use Permit . DRC2006-00926 Exhibit E - Resolution of Approval No. 13-31 for Time Extension DRC2013-00093 Draft Resolution of Approval for Time Extension DRC2015-00239 Item E-4 LIFE WAY CHURCH Pastor Chris A. Esteves, PhA Y o�~ March 12, 2015 City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga,CA 91730 Re: Time Extension To:The City of Rancho Cucamonga, We are requesting a Time Extension at: 7477 Vineyard Ave. Rancho Cucamonga,CA 91730 in regards to the already approved second phase of the Children's School building. CUP DRC2006-00962:Approved by the Planning Commission on October 22,2008 under resolution 08-62 for an approximate 15,000 square foot Classroom Wing and an approximate 10,000 square foot Multi-Purpose Hall. Approval expires on October 22,2015. No changes are being made to the proposed project. The reason for the request is due to the hard economic times of the recession,which caused a delay in the construction progress of the Children's School building phase#2 of the project. We have begun to see a remarkable progress economically,so things are now beginning to tum around. This has now allowed the construction to be placed back on track. We are presently in the process of completing the plans and the schedule to begin the construction is,April 2015. The construction will be complete in twelve months. An extension would allow us the time and necessary coordination with the Architects, City officials and the Church to complete this project. It is with great gratitude that we present our request as you consider this extension for approval. Sin r y, Chris A. Esteves Ph.D. Senior Pastor 7477 Vineyard Ave,Rancho Cucamonga,CA 91730 EXHIBITq Business Office(909)948-5557 Fax(909)948-5598 Item E-5 • T H E C I T Y 0 F PIANCHO C U C A M O N G A Staff Report DATE: April 24, 2002 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Kirt A. Coury, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00439 - LIFEWAY CHURCH - The phased development of a new church facility of approximately 41,300 square feet to include a sanctuary, educational facilities, a gymnasium, administrative offices, and storage on 5.03 acres of land in the Low Residential District (2-4 dwelling units per acre), located at the southeast corner of Vineyard Avenue and Calle del Prado - APN: 208-921-36. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. VARIANCE DRC2001-00444 - LIFEWAY CHURCH -A request to allow a 10-foot high parking lot retaining wall and a 15-foot high parking lot retaining wall, where a maximum 6-foot high wall is permitted, and increase building height to 45 feet, where 35 feet is the permitted maximum building height, for a proposed church in the Low Residential District (2-4 dwelling units per acre), located at the southeast corner of Vineyard Avenue and Calle del Prado -APN: 208-921-36. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Single-family Residential, Low Residential (2-4 dwelling units per acre) South - Single-family Residential, Low Residential (2-4 dwelling units per acre) East - Single-family Residential, Low Residential (2-4 dwelling units per acre) West - Open Space, Red Hill Park B. General Plan Designations: North - Low Residential (2-4 dwelling units per acre) South - Low Residential (2-4 dwelling units per acre) East - Low Residential (2-4 dwelling units per acre) 0 West - Park EXHIBIT B Item E-6 PLANNING COMMISSION STAFF REPORT DRC2001-00439 and DRC2001-00444—LIFEWAY CHURCH April 24, 2002 Page 2 C. Site Characteristics: The site is located at the southeast comer of Vineyard Avenue and Calle del Prado, across the street from Red Hill Park (Exhibit "A"). The site is undeveloped, with a substantial slope from west to east, and is covered with grasses with no mature trees. Single-family dwellings surround the property on the north and south. Immediately east of the site is vacant land. Access to the site will be through proposed =dnve a praaches-on-VineyaTtAvehue Ca e-det-Prado D. Parking Calculations: The parking requirement for the church is based on 1 space required for each 4 fixed seats within the main auditorium (18 linear inches of bench shall be considered a fixed seat). Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Church/Sanctuary 13,985 1 space per 4 140 234 (557 fixed seats) fixed seats Total 140 234 Church hours and office hours of operation are proposed as follows: Sunday: 7:30 a.m. to 12:30 p.m. Monday through Friday: 6:30 a.m. to 6:30 p.m. ANALYSIS: A. General: The project consists of a Master Plan of 41,300 square feet of building area with sanctuary, storage, educational facilities, an office area, a fellowship hall, and a gymnasium. The buildings will be built on the 5.03 acres of land (Exhibit "B"). The buildings will be self sufficient with independent access, parking, and utility services. Finish materials for the proposed building exterior include pilaster texture, aluminum storefront windows, stained glass treatment, and a concrete file roof(Exhibit"C). The applicant proposes to develop the property in four phases (Exhibit "D"). The first phase will include a sanctuary and office building fronting Vineyard Avenue and a parking lot on the east end of the site. Phase 1 is scheduled to be completed by the end of 2002. Building design approval is only being requested for Phase 1, with the remaining phases being master planned in terms of building, parking, and access locations. Phase 2 will include the construction of a 2-story education building along Calle del Prado behind the sanctuary to be completed by 2006. Phase 3 will include the construction of a fellowship hall behind the office building toward the south side of the site proposed to be completed by 2008. Phase 4 will consist of a gymnasium to the east of Phase.3 after 2010. Item E-7 PLANNING COMMISSION STAFF REPORT DRC2001-00439 and DRC2001-00444— LIFEWAY CHURCH • April 24, 2002 Page 3 B. Design Review Committee: The Design Review Committee (McNiel, Stewart, Fong) reviewed the project at their March 5 and 19, and April 2, 2002, meetings (Exhibit"I"). The Committee recommended approval of the project with conditions. C. Grading and Technical Committees: The Grading Committee reviewed the project on and'-April.--Z,—2002-_.- The—Technicat—Committee---reviewed--thy-protee�or-t---•---. -- -.-_-.. _..- March 5, 2002. Both Committees recommended approval with conditions. D. Neighborhood Meeting: A neighborhood meeting was held on March 14, 2002. Five people attended the meeting, which included property owners from the surrounding residences to the north and south of the subject site. The residents asked questions regarding street improvements to the north and the easterly parking lot walls and noise. E. Environmental Assessment: Part I of the Initial Study was completed by the applicant. Staff completed Part II of the Initial Study (Exhibit "J") and the Environmental Checklist. Staff determined that the project could have a significant adverse environmental impact on short-term air quality and noise during site preparation, such as dust caused by grading and equipment noise. Mitigation measures will be required to reduce the short-term air quality and noise impacts to a less than significant impact. If the Commission concurs, then issuance of a Mitigated Negative Declaration would be in order. • VARIANCE ANALYSIS: A. Building Height Increase: The applicant is proposing to increase the maximum building height from 30 feet to 45 feet. Because of the significant grade associated with the property, the project is subject to Hillside Development Regulations. A variance is required to increase and encroach into the maximum building height by 15 feet. The intent of the Hillside Development Regulations is to minimize adverse effects of grading while allowing for reasonable development of land. In order to integrate the building to the surroundings, the applicant has proposed a terraced site design. The building will be sufficiently set back from property lines and curb face of Vineyard Avenue and Calle del Prado to eliminate impacts to adjacent properties. Granting of the variance for the increased height of the structure will result in a portion of the sanctuary roof element approximately 10 feet greater in height than the surrounding single-family residences. The increased height element only applies to the northwest corner of the sanctuary roof, with the remainder of the building compliant with the Hillside Development Regulations. In addition, the proposed roof pitch and style are characteristic with that associated with a church/sanctuary. The increased building height is necessary to accommodate proper interior dimensions for the sanctuary for aesthetic and acoustical purposes. Further, the topography of the site is such that it slopes 25 feet from the north property line to the south property boundary. The sanctuary is located in the downhill (i.e., lower) portion of the site. Because of the unique topographic setting of the site and proposed building setbacks, the variance for building height will not result in a negative aesthetic impact on the surrounding neighborhood. B. Increased Wall Height: The applicant is proposing to construct parking lot retaining walls up to a maximum of 15 feet. The Development Code allows a maximum 6-foot wall for residential districts. The retaining walls are necessary to accommodate development of Item E-8 PLANNING COMMISSION STAFF REPORT DRC2001-00439 and DRC2001-00444—LIFEWAY CHURCH April 24, 2002 Page 4 the parking lot at the eastern portion of the site, away from Vineyard Avenue. The northernmost wall has a height varying from less than 1 foot at its western end to 10 feet high at the east end. The second retaining wall at the center of the parking lot has a height varying from less than 1 foot at its eastern end to 15 feet at its west end (Exhibit"H"). Both of these retaining walls are curb height from the north with the wall exposed�to tfie salt':—Becafse , lot an additional 15 feet before reaching the property line, the height difference from the adjacent properties is as much as 40 feet. As such, the retaining walls are not visible from the south. Design and height of the wall will be further visually mitigated through decorative plaster, pilasters, and landscape treatment. C. Staff Conclusion: Based on the above analysis, staff believes that there are sufficient facts to support the findings of the requested Variance. The site's topography is such that it slopes 55 feet from the northeast corner down toward the southwest comer, and 25 feet from the north property line to the south property line. Exposure of the site to excessive topography constitutes an exceptional circumstance, as the vast majority of land within the Low Residential District is not exposed to such excessive topography. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit DRC2001-00439 and Variance DRC2001-00444 through the adoption of the attached Resolutions of Approval with Conditions. Respectfully submitted, Brad Buller City Planner BB:KC/jc Attachments: Exhibit"A" - Location Map Exhibit"B" - Site Plan Exhibit "C" - Elevations Exhibit"D" - Master Plan/Phasing Plan Exhibit"E" - Conceptual Grading Plan Exhibit"F" - Floor Plans Exhibit"G" - Landscape Plan Exhibit"H" - Fence and Wall Elevations Exhibit"I" - Design Review Committee Minutes dated March 5, and 19, and April 2, 2002 Exhibit"J" - Initial Study Draft Resolution of Approval with Conditions for Conditional Use Permit DRC20014)0439 Draft Resolution of Approval with Conditions for Variance DRC2001-00444 Item E-9 T H E C I T Y O F R .. RANCHO CUCAMONGA Staff Report DATE: October 22, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Corkran W. Nicholson, Assistant Planning Director SUBJECT: CONDITIONAL USE PERMIT - DRC2006-00926 - WLC ARCHITECTS - Review of Master Phasing Plan for remaining phases of Lifeway Church project development including a classroom wing, temporary classroom modules, and a multi-purpose hall on 5.03 acres of land in the Low Residential District (2-4 dwelling units per acre) at 7477 Vineyard Avenue at Calle del Prado. APN: 208- 921-36. Related Files: Conditional Use Permit DRC2001-00439, Non-Construction Conditional Use Permit DRC2007-00544. On April 24, 2002, a Mitigated Negative • Declaration of environmental impacts was adopted by the Planning Commission for Conditional Use Permit DRC2001-00439. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of the previous Mitigated Negative Declaration. ENTITLEMENT REQUIREMENT: The purpose of a Conditional Use Permit (CUP) is to create flexibility necessary to achieve the objectives of the Development Code and General Plan, and to ensure that the proposed use is compatible with neighboring uses. If necessary, conditions may be required to provide adequate mitigation of any potentially adverse impacts. The proposed site is within the Low (L) Residential district. Churches (synagogues) and preschools are permitted uses within the Low Residential district subject to a Conditional Use Permit and Planning Commission approval. BACKGROUND: On July 1, 2001, an application for Conditional Use Permit DRC2001-00439 was filed for the construction and occupation of a new master planned Lifeway Church facility on Vineyard Avenue across from Red Hill Park. The facility included several phases of construction with a sanctuary, offices, education building, fellowship hall, and gymnasium. Following the Design Review Committee's approval on April 2, 2002, the Planning Commission approved the project on April 24, 2002, with 15 Planning conditions, as set forth in Resolution No. 02-43, which include the following: 7) The Master Plan is approved in concept only. Future development for each building proposed in Phases 2, 3, and 4 shall be subject to separate Development Review • process. EXHIBIT C Item E-10 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00926—WLC ARCHITECTS October 22, 2008 Page 2 9) This approval is for the operation of a church and office and does not include a daycare or private K-12 school. Development Code Section 17.02.100, and repeated in the Standard Conditions for DRC2001- 00439, is the requirement that building permits be obtained for buildings within five years and diligently- pursued toward completion. - The Master Plan- approved under- DRC2001-00439- expired on April 24, 2007 without the building permits for the subsequent phases being issued i.e., for the education building, fellowship hall, and gymnasium. The existing portable temporary classroom units were placed on the site in October, 2006, and as determined by the Planning Commission at their December 13, 2006, meeting, the portable temporary classroom units were part of Phase 1 and were not to be permanent but must be associated with a permanent building which has an active Conditional Use Permit. The permanent building to replace the temporary units is the classroom building, which is part of Phase 2. With the expiration of the 2002 Conditional Use Permit, the subject Conditional Use Permit must be approved for the temporary classroom units to remain until the new classroom building is completed. The applicant submitted a new application, Conditional Use Permit DRC2006-00926, for the remaining phases of the Lifeway Church project that included an educational building, the temporary classroom modules, a gymnasium, and fellowship hall that had not obtained building permits prior to the expiration. In addition, the applicant submitted an additional application for a Non-Construction Conditional Use Permit DRC2007-00544, to operate a private/parochial school, Kindergarten through grade 12, at the church facility. Both applications were accepted as complete prior to the April 24, 2007 expiration of the previous Conditional Use Permit. The project received Design Review Committee approval on June 19, 2007. At the August 22, 2007 Planning Commission meeting, the above-referenced projects were presented at a single public hearing for both related requests. The staff report and exhibits were presented and testimony by the applicant and neighbors was taken. The Planning Commissioners expressed serious concerns over several aspects of both requests including school operation and coordination with the nearby public high school, traffic and parking impacts, substantial noise, site design, and visual impacts of the additional phases and compliance for the southerly screen wall. The Planning Commission provided direction that a master phasing plan with potential negative impacts could not be favorably acted upon without reviewing more substantial architectural design drawings, receiving more school operation information and detailed traffic and parking information. In an effort to provide the applicant with an opportunity to rectify these concerns, the items were continued to give Staff an opportunity to devise a draft set of procedures for the applicant to follow to address the Commission's concerns adequately. The continued public hearing items were brought back to the Planning Commission on September 12, 2007, at which time and in conference with the Planning Department Staff, the church modified their application, as follows: 1. The Non-Construction Conditional Use Permit DRC2007-00544 for the private school operation was withdrawn; and, Item E-11 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00926—WLC ARCHITECTS October 22, 2008 Page 3 2. The application for the Master Plan for future phases was amended to take place without a phasing plan and to require a Development Review of the Classroom/Education Building and the Gymnasium. The Planning Commission accepted the above changes and adopted the following additional review procedures;.as-recommended by Staff for Conditional-Use Permit DRC2006-00926j-as--... the item was continued for the Commission's action at a future date: 1. The Development Review project DRC2006-00926 should be continued by the Planning Commission to give Staff, the Design Review Committee, and the Planning Commission an opportunity to review the revised project and provide a further hearing opportunity for the site and building design. 2. The applicant shall provide full architectural drawings and a site plan for the Classroom Building and Gymnasium. If changes in grade are necessary, a Conceptual Grading Plan shall also be submitted. 3. A detailed development schedule shall be provided to establish a timeline for the removal of the temporary classroom units and all other parts of the program. 4. The applicant shall provide a quality development package for review to Staff within 45 days so that it can be docketed for review by the Design Review Committee at the earliest possible date. The Planning Commission will provide the final review of the project after the Design Review Committee is sufficiently satisfied with the design changes to make a recommendation. In accordance with the additional review procedures, as noted above for Conditional Use Permit DRC2006-00926, the applicant obtained DRC approval on October 14, 2008, and is now seeking the Planning Commission final review and approval of the project. PROJECT AND SITE DESCRIPTION: A. Project Description: Lifeway Church is seeking approval of a Conditional Use Permit to complete their existing facility by constructing an on-site 15,000 square foot, two-story Classroom Wing and a 10,074 square foot Multi-Purpose Hall. B. Surrounding Land Use and Zoning: North - Single-Family Residential; Low Density (2 to 4 dwelling units per acre) Residential South - Single-Family Residential; Low Density (2 to 4 dwelling units per acre) Residential East - Single-Family Residential; Low Density (2 to 4 dwelling units per acre) Residential West - Park; Open Space C. General Plan Designations: Project Site - Low Density (2 to 4 dwelling units per acre) Residential North - Low Density (2 to 4 dwelling units per acre) Residential • South - Low Density (2 to 4 dwelling units per acre) Residential East - Low Density (2 to 4 dwelling units per acre) Residential West - Open Space Item E-12 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00926—WLC ARCHITECTS October 22, 2008 Page 4 D. Site Characteristics: The project site is terraced into several levels to accommodate the existing and proposed development, and is located on the east side of Vineyard Avenue and across from Red Hill Park. Currently, the site is developed with the church sanctuary, offices, and temporary __...classroom.modules along with fully developed on-site-parking and-landscaping.-__ --- -- ANALYSIS: A. General: The proposed Classroom Wing will be built first, and will provide the younger, elementary children with meeting rooms and nursery rooms on the lower level along with staff offices and other building support spaces. The upper level will provide meeting rooms for the older children along with a children's worship space. Access to the Classroom Wing will be from the existing upper parking lot level and from the mid-plaza level. The upper parking lot access will also provide.disabled access via an elevator to the lower level, which will be at grade with the mid-plaza. This building will maintain a northerly street side building setback of approximately 40 feet from the curb face on Calle Del Prado, approximately 365 feet from the neighboring residential property to the east of site, and approximately 170 feet from the neighboring residential properties to the south. Upon completion of the Classroom Wing, the existing portable classrooms will be removed from the site. The Multi-Purpose Hall will be the next structure built, and will provide a multi-purpose room, storage room, serving kitchen, and restrooms. The multi-purpose room (approximately 6,181 sq. ft.) will be used for dining, social activities, gymnasium, church meetings, and instructional purposes throughout the week. This primarily single-story structure will also have a small second-story area for general offices. Access to the multi- purpose hall will be from the lower main plaza, which is directly across from the existing Sanctuary. Disabled access will be provided via the elevator in the Sanctuary. The Multi- Purpose Hall will maintain a northerly building setback of approximately 170 feet from the curb face on Calle Del Prado, approximately 425 feet from the neighboring residential property to the east of site, and approximately 57 feet from the neighboring residential properties to the south. The architecture of the proposed buildings is consistent with the existing sanctuary and office building. Key features include the use of stacked-stone veneer, plaster reveals, textured stucco, and solar bronze colored window glazing. The maximum height for both buildings will be 30'-0" as measured from the lowest adjacent finished grade surface next to each building, as shown on the submitted Site Section 3 drawing on plan sheet A1.1. B. Use Description and Hours of Operation: Religious services take place on Wednesday evenings from 6:30 p.m. to 9:30 p.m. and on Sunday mornings into the afternoon from 8:00 a.m. to 1:00 p.m. The use of the proposed Classroom Wing and the Multi-Purpose Hall, as described above, will be in conjunction with the general services of the Lifeway Church. Item E-13 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00926—WLC ARCHITECTS • October 22, 2008 Page 5 C. Development Code Compliance: The project complies with the Development Code requirements for setbacks, building height, the provision of required on-site parking, and an efficient on-site circulation system. The site is located on and served by a fully developed public street of the appropriate size and configuration to accommodate the proposed use. Although the applicant is proposing a substantial enhancement of the existing landscape buffer along the site's southerly property line and adjacent to the south side of the Multi- Purpose Hall, Staff is including a condition of approval in the attached resolution to require that at least 50% or more of the new trees to be planted shall be a minimum size of 36 inch box. The larger tree sizes will aid in buffering the proposed development from the neighboring residential properties. Staff has also included a condition to clarify the status of the temporary portable classroom units in relation to the permanent facilities for that function. The intent of allowing temporary facilities for temporary occupation is that there is the anticipation of a permanent occupation of a permanent building for the same function. The existing portable units serve as a temporary location to house the meeting rooms for religious educational purposes that cannot be housed in any of the permanent buildings currently on the site. The proposed Classroom Wing will meet this need for the additional meeting rooms, as well as provide nursery rooms, and other support spaces as the classroom • building is proposed as a two-story, 12,000 square foot structure and the temporary units are only about 4,200 square feet in floor area. Therefore, the temporary portable classroom units should be removed as soon as the classroom building can be occupied or when the five-year life of this approval has lapsed, whichever is first. D. Parking Calculations: Development Code Section 17.12.040(B) (5) (g), requires one parking stall for every 4 fixed seats in the sanctuary. Currently, the site provides 230 on- site parking spaces, which well exceeds the 140 spaces required by Code for the 557 fixed seats within the existing sanctuary. E. Neighborhood Meeting: The architect for the project, Jim DiCamillo, informed Staff that the most recent neighborhood meeting was held in the Lifeway Church Sanctuary on January 7, 2008. He estimated that there were approximately 12 to 15 neighbors in attendance along with about 75 to 100 individuals from the congregation. Following an introduction by Pastor Esteves, the architect stated that he presented a history of the entire project, an explanation of the process, and a brief summary of where they are in the process. In addition, a slide show was provided that allowed those who attended the meeting to view the drawings that were submitted to the City. He also stated that he described the project and the changes that have been made at that time, focusing on the consolidation of the Gym and Fellowship Hall into a single Multi-Purpose Hall, and that the Pastor informed everyone that the church is not proposing a school with the current application. In his opinion, the project was well received, with the exception of a few who have strongly opposed anything the church submits. F. Design Review Committee: The Design Review Committee reviewed the applicant's more recent proposal on November 6, 2007, January 15, 2008, and October 14, 2008, and made the following recommendations in the order of each meeting: Item E-14 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00926—WLC ARCHITECTS October 22, 2008 Page 6 • November 6, 2007 DRC meeting: Per the direction of the Planning Commission, the applicant presented a preliminary concept plan for the Committee's feedback, which included a scale model of the church campus that offered the opportunity to visualize the building arrangement, site orientation particularly in relation to the neighboring down-slope residences, building mass, and architecture.. Complaints from a _ neighboring property owner who attended the_meetingwere._.received.-..that-.were primarily about building mass, view, and the unsightliness of the site's southerly 6-0" + high masonry wall that faces the neighboring residential properties. The Committee conveyed their concerns regarding the neighbor's issues, and directed the applicant to return to the Committee with a complete presentation of the design. • January 15, 2008 DRC meeting: The applicant submitted a revised proposal that incorporated the following changes to address the design issues that were previously raised by the Design Review Committee: Issue: Consider a re-orientation of the gym so that the shorter dimension of the building faces the slope and the neighboring homes to reduce the massive appearance of the building. Plan Revision: The Gymnasium and Fellowship Hall buildings were consolidated into a single structure. In the previous proposal these two functions were provided in separate buildings on two levels. In the revised proposal these buildings are combined into a single Multi-Purpose Hall that would be located on the lower mid plaza level. Such a revision reduces both the building square footage and building mass by eliminating approximately 1,900 square feet. Issue: It was suggested that a possible change in the pad elevation and/or landscaping would help mitigate the neighbor's view. Plan Revision: The pad elevation for the proposed Multi-Purpose Hall was dropped by approximately 14'-0°, and substantial landscaping was added in accordance with the submitted Planting Plan. Issue: Can the gym be moved to the east portion of the site? Response: Staff and the applicant believe that the proposed location for the Multi- Purpose Hall, which includes a regulation basketball court, is best suited for their needs in terms of public safety when accommodating on-site vehicular traffic and pedestrian circulation. The Committee and Staff agreed that although a possible alternative, moving the Multi-Purpose Building to the east would create a non- integrated campus. Furthermore, the neighboring properties along Calle del Prado could be subject to additional traffic, safety, and noise concerns which would necessitate further environmental studies which were not covered by the original approval and environmental clearances. Issue: A solution is needed to mitigate the stark appearance of the southerly wall that faces the neighboring properties. Item E-15 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00926—WLC ARCHITECTS October 22, 2008 Page 7 Plan Revision: The revised proposal provides for a much greater detail of the landscape and wall treatment along the southerly property line. The area between the wall and the property line is shown on the Proposed Planting Plan with substantial new trees, shrubs, and groundcover material; and according to the applicant the existing wall would receive a stucco finish of color and texture that _ .._.would..match..the..existing church_building_._.In additionr_a-&Z'-high-wrought-iron fence-- will be installed to enclose the rear portion of the parking areas, as noted on the submitted site plan. Issue: Several neighboring property owners attended the meeting and expressed their concerns regarding grading, building height, the appearance of the southerly wall that faces the neighboring properties, conducting a school on the subject site, and a request to install "story poles." They felt that such poles would provide further visual guidance as to how high the proposed buildings may appear from the surrounding properties. Response and Revision: It was the general consensus of the Committee members that the church has gone to great lengths to address the issues that have been raised through the review process, which has made the proposal very acceptable; therefore, the Committee recommended that the proposal be forwarded to the - Planning Commission subject to the following conditions: 1. Erect on-site story poles for the purpose of providing a visual aid to further convey to the surrounding residences the proposed height of the new buildings. After the story poles are erected the applicant will notify the Planning Department of the completed installation of the poles, and request that notices explaining the purpose of story poles be sent to the surrounding residences. The story poles shall remain in place for a minimum of two weeks from the mailing date of the notices. 2. Submit a Conceptual Grading and Drainage Plan by a certified civil engineer for the purpose of identifying and verifying the placement and height of the story poles, proposed building heights, pad elevations, drainage system, and the extent of grading that would occur to accommodate the new buildings. A reduced copy of the required Grading Plan was provided with each notice to the surrounding residences to further explain the installation of the story poles. The notices were mailed out on May 13, 2008; however, the installation of the story poles was delayed until May 19, 2008. The poles were removed on August 5, 2008. • October 14, 2008 DRC meeting: The applicant submitted a revised proposal that replaces the upward sloping shed roof design for the Multi-Purpose building with a lower profile parapet design. This redesign was recommended by Staff to ensure that the Multi-Purpose building will fully comply with the applicable height requirements, and to further reduce the overall building mass. Additionally, staff informed the applicant of new conditions of approval that were further developed in conjunction with the review of the re-design. The added conditions include the application of the stucco finish to the southerly wall and its future maintenance as well as the installation of wrought iron fencing along the southerly perimeter of the Item E-16 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00926—WLC ARCHITECTS October 22, 2008 Page 8 parking lot. The condition for the removal of the temporary modular units was reiterated to the applicant and it was made clear that these shall be removed prior to occupancy of the Classroom Wing. Staff also proposed a condition to require some larger specimen trees (36-inch box) for the southerly portion of the property and along the southern slope above the neighbors' property line. The applicants .--..-.........-.-.-.---.acknowledged the conditions_ The Design Review Committee (Munoz,_.Wimberly,_ Nicholson)approved the redesign as submitted by the applicant and commented that the applicant has gone to great lengths and great expense to respond to the concerns of the neighbors and to make the project better. One neighbor attended the meeting and voiced his continued opposition and concern about the project, its purported impacts, and his perception of a lack of cooperation from the applicant and the City,. G. 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 April 24, 2002, in connection with the City's approval of Conditional Use Permit DRC2001-00493 for the approval of the initial project. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent or discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated Conditional Use Permit DRC2006- 00926 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. In that the applicant is currently proposing a less intense project by consolidating the initial Gymnasium and Fellowship Hall buildings into a smaller single structure that reduces the building height, square footage, and building mass by eliminating approximately 1,900 square feet. In the initial proposal these two functions (i.e., the Gymnasium and Fellowship Hall) were provided in separate buildings on two levels. In the revised proposal the buildings are combined into a single Multi-Purpose Hall that would be located on a lower mid plaza level. 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 Conditional Use Permit DRC2006-00926. 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. Item E-17 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00926-WLC ARCHITECTS October 22, 2008 ® Page 9 RECOMMENDATION: Approval The Planning Commission should move to approve Conditional Use Permit DRC2006-00926 and.adopt.Resolution..No.08.-62._approving.-the--applicant's.-proposal-to-expand--the--Lifeway-- -- - Church facility by constructing an on-site 15,000 square foot, two-story Classroom Wing and a 10,074 square foot Multi-Purpose Hall at 7477 Vineyard Avenue. Denial If the Planning Commission intends to deny this Conditional Use Permit application, the Commission should state the specific reasons for denial and direct staff to prepare the appropriate resolution incorporating the Commission's decision and specific findings. Respectfully submitt d, James R. Troyer, AICP Planning Director JT:CN/Is Attachments: Exhibit A -Aerial Photo of the Site Exhibit B - Site Plan Exhibit C - Floor Plans Exhibit D -Architectural Elevations Exhibit E - Grading Plan Exhibit F - Landscape Plan Exhibit G - DRC Comments, November 6, 2007, January 15, and October 14, 2008 Exhibit H - Noticing of the Story Poles Exhibit I - Resolution No. 02-43 approving Conditional Use Permit DRC2001- 00439 for the development of the initial Master Plan for the church Draft Resolution of Approval for Conditional Use Permit DRC2006-0926 • Item E-18 6t-3 wall d 1/ 181HX3 ' •! m o • r . O O f► z • Z i � D M S w . "VOYt3a'ARD Mill Sol ; r .5 _4 _ ' . •fa� P. �; tt '."""mss,...].•,:—: � �, 1.S■7 -f``�r . n ` m W bALLE DEL PRADO - W L C I LIFEWAY CHURCH - - p EDUCATION i � S BUILDINGS I xpI � �� NFEWAY CHURCH f, I d _ p 7477VINEYAWAVE CUCAMCNG&CA ..............,._ 1 91739 Z3 N la Ez o SITE PI AN1 • � I,ili. 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PODOCARPJS GRACILIOR TRISTANIA CONPERTA ABELIA GRAN'DFLORA DE'TES VEGATA _ 'EDWARD GOUCF,ER' � O r m - Z O HEMEROCALJSS _IMONNJM PEREZII PENN4SETUM SETACE'JM PH012M0.IM TENAX PITTOSPORJM TO892A � x RED FLOWERING 'RUBRA' 'SLWDOWN'B7 'VARIEGATA U z o 0 U J o Or r U Z 3 m � r 'a wPHOTWIA PRASERI RHAPIOLEPIS INDICA XYLOSMA CONGESTUM PARTHENOCSSL'S cESTUCAY W OVWA Ly W 'SPRWGTIME' TRICUSPIDATA 'GLAUCA' J -'RAC�FLOSPERMUM ROSMIRINUS OFFICWA_IS _ASMINOIDES 'LOCKWOOD DE PORES” — PROPOSED PLANTING PALETTE_ LPP.1 • DESIGN REVIEW COMMENTS 7:00 p.m. Corky Nicholson November 6, 2007 CONDITIONAL USE PERMIT DRC2006-00926 - WLC ARCHITECTS - Review of Master Phasing Plan for the remaining phases of the Lifeway Church project development including an education building, temporary classroom modules, gymnasium and fellowship hall on 5.03 acres of land in the Low Residential District (2-4 dwelling units per acre),.located at 7477 Vineyard Avenue at Calle del Prado - APN: 0208-921-36. Related Files: Conditional Use Permit DRC2001-00439 and Non-Construction Conditional Use Permit DRC2007-00544. Design Parameters: On September 12, 2007, the Planning Commission directed the applicant to pursue a more complete design presentation for the remaining buildings for the church campus. The applicant is presenting a preliminary concept for Committee feedback. Drawings are attached with an explanation of the building program. More extensive presentation materials will be provided at the meeting. Staff Recommendation: Staff recommends providing the applicant with direction and having the applicant return to the Committee with a full presentation of the designs. • Attachment Design Review Committee Action.- Members ction:Members Present: (Fletcher, Munoz, Diaz) Staff Planner: Corky Nicholson Also present at the meeting were: Corky Nicholson, Assistant Planning Director; Jim Di Camillo of WLC Architects; Elena Purice of WLC Architects; WLC Architects; Sylvester Mayberry, Lifeway Church; Pastor Chris A Esteves, Lifeway Church; Char Ransom, Lifeway Church. Jim Di Camillo, WLC Architects presented a scale model of the church campus that offered the opportunity to visualize the building arrangement, site orientation particularly in relation to the neighboring downslope homes, building mass and architecture. He highlighted a few features of the design such as the proposed education building that is tucked into the hillside; the fellowship hall (following the removal of the temporary classrooms); and the gym that now reflects a lowered profile. He confirmed that the gym will be placed approximately 15 feet closer to the roadway abutting the slope than the portable classrooms. He commented that the height of the proposed building is about the same as the two story homes previously proposed for the site. He said moving the gyre to a different location on the site would produce a fire access problem. Public Comments * Charles Rich, a neighboring resident expressed frustration that the Committee meeting tonight was not advertised to the neighborhood. He complained that it is his understanding that the gymnasium will be PC l 0/7-212.008 EXHIBIT G Item E-34 DRC ACTION AGENDA CONDITIONAL USE PERMIT DRC2006-00926—WLC ARCHITECTS November 6, 2007 Page 2 built approximately 15 feet closer to the "edge" than the existing portable classrooms and because of the height of the building, will be even more of a visual impact to the homes at the bottom of the slope. He complained that the neighbors have lost their view. . He asked if there was going to be a balcony on the fellowship hall. Mr. Rich presented photos to the Committee pointing out the view from the homes. He remarked that he has been given different information on how much the height of the gymnasium has been lowered. He implied that the grading presented to the neighbors prior to construction is different from what has occurred and that the road that leads up to the church is higher than what was presented. He said the path along the wall was not supposed to be there. He complained that the wall that was constructed looks bad from the neighbors' side but looks nice on the church's side. He expressed frustration that Planning Staff has not located the specifics of the materials used for the wall. He responded negatively to offers of mitigation unless they are different to what he has already heard to this point. He remarked that the church has a poor track record in following through. He said the neighbors are concerned about the additional traffic that would be generated if the church renews its application to run a school on site. He expressed concern that the church could have basketball leagues running every night. Corky Nicholson, Assistant Planning Director, reported that the current wall was required by the City, however, no specific conditions could be found that dictated the materials to be used. He said the wall was constructed to mitigate glare from headlights of vehicles traveling to and from the church. He reported that overall the slope is being well maintained. He added that the path was required for maintenance purposes. He noted there were four neighborhood meetings held prior to the original approval. He added that the use of the gym was included in the original environmental review and that traffic concerns were considered with that approval. Pastor Esteves reported that the wall was constructed as it is to properly distribute weight loads on the geo grid related to the building pads and to hold the slopes in place and that it had nothing to do with the cosmetics of the wall facing the neighbors' homes. He said this wall was very costly. He said the church is willing to stucco the neighbors' side or do something to improve the appearance of the wall. He said the pathway was required for emergency and fire access and for maintenance of the slope. He said the pitch of the gym has been lowered as much as possible without losing the usability and intended function of the building as a gym. He said there will be a great deal of space that can be planted with trees and flowers. He commented that if adequate trees are brought in, it will help make the view more benign. He added that the church wants to do what they can to make the neighbors happy but they would also appreciate consideration because of the possible costs. He noted that the church already spent a great deal of money on grading and construction and now they have to spend money on something else. He personally offered to work with Mr. Rich. Mike Diaz, Senior Planner, suggested they consider a re-orientation of the gym so that the shorter dimension of the building faces the slope and the neighbors homes rather than the longer side of the building so as to reduce the massive appearance of the building from the neighbors' homes. Commissioner Munoz commented that the model is helpful. He noted that the Pastor already offered to mitigate the appearance of the wall. He said the architecture seems fine but that he would prefer to see other alternatives. He suggested a possible change in the pad level and/or landscaping to help mitigate the neighbors' view. He said the hill appears higher from the neighbors' homes and that the view is harsh for the neighbors. He said there should be a halfway point and that what he is seeing thus far in compromise is not sufficient. He said he would like to see a landscape plan the next time they come to the Committee and he would like them to explore more alternatives to take care of the problem. He said Mr. Diaz's suggestion of reorientation of the gym is the type of alternative he would like to have them explore. Item E-35 DRC ACTION AGENDA CONDITIONAL USE PERMIT DRC2006-00926-WLC ARCHITECTS • November 6, 2007 Page 3 Commissioner Fletcher noted that this meeting is an open meeting but not a public hearing and that it did not need to be advertised. He commented that the way the wall was constructed was not a neighborly way of doing it, that it should be split faced on both sides. He suggested the gym building be lowered, not just the pitch and eaves, but the grade of the pad that it will rest upon. He said it appears the grading has changed. He said he would like to see a landscape plan. He suggested they explore the idea of a forested hillside with appropriate trees that do not produce debris when the winds come. He said they would need to have substance and height. He asked if the gym could possibly be moved to the east portion of the site. He added that he wants to see a solution to the appearance of the wall facing the neighbors. He noted that the City does not have a view ordinance. He added that the use of the gym is included in the church's Conditional Use Permit and that if the use became a problem, it would be addressed. Item E-36 DESIGN REVIEW COMMENTS 7:20 p.m. Corky Nicholson January 15, 2008 CONDITIONAL USE PERMIT DRC2006-00926 - WLC ARCHITECTS - Review of the Master Phasing Plan for the remaining phases of the Lifeway Church project development including a classroom wing, temporary classroom modules, and a multi-purpose.hall on 5.03 acres of land in the Low Residential District (2-4 dwelling units per acre), located at 7477 Vineyard Avenue at Calle del Prado - APN: 0208-921-36. Related Files: Conditional Use Permit DRC2001-00439 and Non-Construction Conditional Use Permit DRC2007-00544. The above project description has been revised to include a proposed multi-purpose hall, which combines the previously proposed gym and Fellowship Hall into a single, smaller building as shown on the submitted plans. Background: This application was reviewed by the Design Review Committee on November 6, 2007. At that time, the applicant presented a preliminary concept plan, per the direction of the Planning Commission, for the purpose of receiving feedback from the DRC (see Attachment A - Design Review Action Comments dated November 6, 2007). Design Parameters: Please refer to the Project Description dated December 20, 2007 (Attachment B). Staff Comments: Maior Issues: The following comments are intended to provide an outline for discussion purposes, which include the revisions that were previously requested by staff and the Committee. The applicant's revisions are in italics: 1. Consider a re-orientation of the gym so that the shorter dimension of the building faces the slope and the neighboring homes to reduce the massive appearance of the building. The applicant is proposing a consolidation of the Gymnasium and Fellowship Hall buildings into a single structure. In the previous proposal, these two functions were provided in separate buildings on two levels. In the revised proposal, these buildings are combined into a single Multi-Purpose Hall that would be located on the lower mid-plaza level. Such a revision reduces both the square footage and building mass. 2. It was suggested that a possible change in the pad elevation and/or landscaping would help mitigate the neighbor's view. The applicant is proposing to drop the pad elevation for the proposed Multi-Purpose Hall by approximately 14 feet, and add substantial landscaping in accordance with the submitted Planting Plan. 3. Indicate if the gym can be moved to the east portion of the site. Staff believes that the proposed location for the Multi-Purpose Hall, which includes a regulation basketball court, is best suited for their needs in terms of public safety when accommodating on-site traffic and pedestrian circulation. Item E-37 DRC ACTION AGENDA DRC2006-00926—WLC ARCHITECTS January 15, 2008 • Page 2 4. A solution is needed to mitigate the stark appearance of the southerly wall that faces the neighboring properties. The revised proposal provides for a much greater detail of the landscape and wall treatment along the southerly property line. The area between the wall and the property line is shown on the Proposed Planting Plan with substantial new tree planting, and according to the applicant, the existing wall would receive a stucco finish of color and texture that would match the existing church building. Secondary Issue: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the need for a Conceptual Grading and Drainage Plan for the purpose of identifying the extent of grading that would occur to accommodate the new Multi-Purpose Hall. Staff Recommendation: Staff recommends that the Design Review Committee approve the proposed improvements provided that the applicant submits a Conceptual Grading and Drainage Plan for staffs review and approval prior to the scheduling of the required Planning Commission hearing on the applicant's Conditional Use Permit proposal. Design Review Committee Action: Members Present: Munoz, Stewart, Diaz Staff Planner: Corky Nicholson Corkran Nicholson, Assistant Planning Director, gave a brief overview and stated that this is the Church's proposal for the final phases of their development. He reviewed the overall design and stated that this meeting is to consider their proposed changes that address the concerns previously expressed. Jim DiCamillo WLC Architects, presented a material sample board, landscape plan and a model indicating the changes. He commented that they do not anticipate any traffic issues. He said they held a neighborhood meeting one week ago. He noted that they have combined the fellowship hall and gymnasium uses into one building to help mitigate the controversy. He said the building reduces their square footage by about 2,000 square feet; the parapet height has been lowered; the building has been dropped by about 15 feet; and new open spaces have been created. He added that they have significantly increased the landscaping to the inside and outside areas of the wall. He presented a photo taken from the comer of Zircon and Balsa. He remarked that the building mass tends to "fade away" visually the closer it is viewed from the homes. He said one would not be able to see into the backyards below from the church property above. An unidentified neighbor asked for a photo taken from the north side looking south because he believed that the building would block the view, particularly the tower. Commissioner Munoz remarked that if one stands directly behind the steeple it would block the view. He • noted that Rancho Cucamonga does not have "view rights" and that the church is trying to come halfway (with compromise). He reiterated the proposed improvements and said that it is greatly improved from the proposals of November and December and that they have done much to mitigate the neighbors concerns. Item E-38 DRC ACTION AGENDA DRC2006-00926—WLC ARCHITECTS January 15, 2008 Page 3 Mr. Rich asked if a traffic study would be performed. Mr. DiCamillo said that this development does not require it; it would be required if the school was still part of the proposal. Commissioner Munoz added that if the school was proposed there would also be the Conditional Use Permit for the school that would be an added protection. Mr. Rich retorted that the church is planning to run a school. Chairman Stewart reiterated that it is not part of their proposal at this time and is not on the table for discussion this evening. Mr. Rich complained that the building is only 8 feet lower and only 7 feet lower than what he was told last time. Mr. Nicholson said they are going by the approved grading plan. Mr. Rich claimed the building is higher than that. Mr. Nicholson stated that he and Mathew Addington spent two hours explaining the grading plans to Mr. Rich and that the plans are signed and stamped by a registered engineer. Mr. Rich complained that the information he has asked for has not been provided and he cannot confirm what he has been told. Mr. DiCamillo offered to meet with Mr. Rich to review and discuss the issue. Mr. Rich indicated he does not believe the site is built according to plan and that he was told the road would be no higher visually than the wall at the top. Mr. Nicholson said there is some variation from the high to low points. Chairman Stewart asked for the record to reflect a 5 minute time limit on comments for the remainder of the project review because of the argumentative dialogue. George Guidera, a neighbor, stated that some cities require a "silhouette" or "story poles" of the proposed building to give neighbors an idea of the height of the proposed structures. He said they are shot by a surveyor and left up for a week or two; a notice is sent to the neighbors to look at it. He said it is a minimal cost. He expressed concern that the block wall was built with the split face side facing the church rather than the neighbors' property. He asked if decoration could be done and if the wall will continue to the east boundary line. He asked about drainage and a V-ditch. Mr. Rich questioned the use of sandbags along a portion of the southerly slope. Mr. Nicholson said the sandbags are required. Pastor Esteves said that the sandbags would be removed when the V-ditch is done. Item E-39 DRC ACTION AGENDA DRC2006-00926—WLC ARCHITECTS January 15, 2008 • Page 4 Mr. Nicholson said when they receive their approvals, the existing wall would not be extended. He said the "goat farm" portion of the property will not be altered. Wanda Knight, a resident, said she thought the sight poles are a good idea. Mr. Rich continued to complain that the sandbags were still there last Saturday and that he could not trust what anyone tells him because the path and wall were built differently than what was proposed to the neighbors. Mr. Rich continued to contend that he was unsure the development so far was built according to plan and that the computer generated photos being presented by the architect my not be trustworthy. Mr. DiCamillo remarked that this technology is as accurate as it gets. He noted that it is part of the proposal to "dress up" the existing wall with stucco. Mr. Guidera suggested they "break up" the wall with a pilaster treatment. Mr. DiCamillo commented that it might draw even more attention to it and would not accomplish the goal of visually minimizing the wall. He said they would be happy to do the story poles. Pastor Esteves said they have taken 4-6 months, have taken the advice and dealt with their board. He t said they are now almost 3,000 square feet smaller that compromises the ultimate vision of the church. He said the changes will require them to re-do all of their electrical that was already put in accordance to the master plan. He said this is costing hundreds of thousands of dollars more, and he would like his church membership to know that their wishes have also been considered and that they have done all they can; they too are "a neighbor". Commissioner Munoz said the church has gone to great lengths to accommodate and mitigate. He said there is no way the hill will disappear but that they have done much to mitigate the visual impacts. He noted that when he first saw the development and the proposal he knew they had to go through this process and that whether it is 11 or 12 feet difference is not relevant. He noted they agreed to story poles and they have mitigated as much as possible and nothing more can be done without hurting the land owner; he filed plans that are within the Code. He added that he hoped the neighbors can live with this. Chairman Stewart remarked that the parties came together and the result is superb. She said it is now very acceptable and recommended the revised plans be forwarded to the Planning Commission. Mr. Nicholson added that the recommendation be conditioned upon submittal of new conceptual grading and drainage plans along with the erection of story poles. Mr. DiCamillo asked for direction on the protocol for the story poles because he was concerned the result would later be challenged. Mr. Nicholson suggested they be erected and remain up for at least two weeks and that it be done by a ® civil engineer. He noted this is for height purposes only. Commissioner Munoz cautioned the neighbors that the story poles do not determine if the project is "a go or no go" it is only a reference point. Item E-40 DRC ACTION AGENDA DRC2006-00926—WLC ARCHITECTS January 15, 2008 Page 5 Mr. Nicholson remarked that such poles were used for years before computer graphics and that the computer generated photos are a much better representation because the poles only reflect a representation of the height and not building mass. Mr. Di Camillo asked if a letter would be sent to the neighbors. Mr. Rich wanted additional reference points to show how close the buildings would be.to their property. Commissioner Munoz said it would not show that. Chairman Stewart agreed to the proposal. In accordance with the Committee's final action, the applicant must complete the following items for staff's review and approval prior to the scheduling of the required public hearing before the Planning Commission for the consideration of the subject conditional use permit: 1. Erect on-site story poles for the purpose of providing a visual aid to further convey to the surrounding residences the proposed height of the new buildings. After the story poles are erected, the applicant will notify the Planning Department of the completed installation of the poles, and request that notices explaining the purpose of story poles be sent to the surrounding residences. The story poles shall remain in place for a minimum of two weeks from the mailing date of the notices. 2. Submit a Conceptual Grading and Drainage Plan by a certified civil engineer for the purpose of identifying and verifying the placement and height of the story poles, proposed building heights, pad elevations, drainage system, and the extent of grading that would occur to accommodate the new buildings. Item E-41 DESIGN REVIEW COMMENTS 7:00 p.m. Corkran Nicholson October 14, 2008 CONDITIONAL USE PERMIT DRC2006-00926 - WLC ARCHITECTS - A review of the Master Phasing Plan for remaining phases of Lifeway Church project development including a class room wing, temporary classroom modules and multi-purpose hall on 5.03 acres of land in the Low Residential District (2-4 dwelling units per acre), located at 7477 Vineyard Avenue at Calle de Prado - APN: 0208-921-36. Related files: Conditional Use Permit DRC2001-00439 and Non-Construction Conditional Use Permit DRC2007-00544. On April 24, 2002, a Mitigated Negative Declaration of environmental impacts was adopted by the Planning Commission for Conditional Use Permit DRC2001-00439. The California Environmental Quality Act (CEQA) provides that no further environmental review or Negative Declaration is required for subsequent projects within the scope of the previous Mitigated Negative Declaration. The planner will provide an oral presentation and plans at the meeting. Design Review Committee Action: • Staff Planner: Corkran Nicholson Members Present: Munoz, Wimberly Corkran Nicholson, Assistant Planning Director gave a brief introduction and noted that the last time the project was reviewed was on January 15, 2008. He invited the architect to make a short presentation regarding the change on the roof design. Jim Di Camillo of WLC Architects noted that there are now two buildings proposed; the Education Wing and the Multi-Purpose Hall with no changes to the Education Wing. He noted that they erected story poles on many locations of the site. He said there was some concern of the height of the ridgeline of the building and so to address the concern, they changed the design of the roof, eliminating the ridge which lowered the overall height of the building. He said that was the intent of the story poles, to give people the impression as to how the building would appear. He said everything else stayed the same. Mr. Nicholson noted a sheet that makes the comparison of the old plan to that of the revised plans; Sheet AB5.3 indicates the resulting change in the reduction of the building mass. Commissioner Wimberly noted a significant reduction in mass. Mr. Di Camillo commented that the change makes the building appear lower from only some perspectives. Mr. Nicholson invited the one neighbor in attendance to comment. OCharles Rich, 8930 Balsa Avenue, said it is true the building height is lower but only to meet the City Code requirement of 30 feet and no more than that. He said that he believes there is a pitch to the roof. Item E-42 DRC ACTION AGENDA DRC2006-00926-WLC ARCHITECTS October 14, 2008 Page 2 Mr. Nicholson clarified that there is a slight pitch to the roof for drainage but that they added a parapet to screen that. Mr. Rich stated that not all of the Commissioners came to view the story poles from his backyard. He said the project to the north of his and the neighbors' yard (southerly slope of the church property) creates a 30 to 40 foot "wall." He said because of the grading, the project is now lower on the bottom and higher on top. He said it does not make sense to totally destroy the homes to spread the wealth around. He said it is unfortunate that not all the neighbors received the information regarding the meeting this evening and he did not know why. He said it is no secret they are planning on building a school. He said almost everyone that has looked at this agrees that it never should have been approved the way it was approved. He said because it was approved, you have to approve the second phase. He said you are approving an education building that is planned to be a school and when a plan is presented for a school, it will be approved for a school. He said there are 11 large rooms. He added that the property is not fit to be a school and a lot of the neighbors have a concern about that. He said a dead tree has been there for a year. He said the retaining wall the church built seeps (onto his neighbor's property). He said it used to be a wooden fence but now it seeps and has algae growing on it and is a mess. He said he pointed it out to Trang Hyung (Building Official) and Mandi Aluzri, (Deputy City Manager, Community Development). He claimed the neighbor has complained and nothing has been done to his knowledge. Commissioner Munoz confirmed with Mr. Rich that he had completed his comments. He noted the comment about the pitch of the main building. He asked staff to comment on the seeping wall. Mr. Nicholson said he is aware of the wall condition and noted that the staff report for the October 22, 2008, Planning Commission meeting notes a condition stipulating that the church will be responsible for the maintenance and function of all the walls. He added that the church and the architect have been very willing to look into these matters and correct what issues may exist. He noted that Mr. Rich commented on the grading. He reported that on the southerly portion of the site, 19 feet of fill was added when the site was originally graded. He said Planning staff is now far more sensitive to these infill concerns than when the original proposal was presented. He said it is difficult to say what would be recommended at this time. He said that from working with the church on the original proposal, the plans have changed, that originally there was to be a gym and fellowship hall (two separate buildings), with the gym located at the current location/elevation of the modular trailers. He said they have tried to mitigate the infill by lowering the building pad 14 feet. He noted that if the original 19 feet of infill is considered, the difference between the 19 feet and 14 feet is a building pad elevation of 5 feet above the natural grade prior to development. He said that the extent of the lowered pad is consistent with the interior plaza area which will serve as access to the new Multi-Purpose Building. He noted that the re-design consolidated the gym and fellowship hall into one building with a net reduction of approximately 2,000 square feet. He said the new roof design lessens the building mass as well. He said staff is conditioning (provided the project is approved) additional landscaping, stucco finish to the southerly wall, and the installation of 6-foot high wrought iron fencing along the southerly perimeter of the parking lot (for added security). He commented that these are substantial improvements. He said this approval has nothing to do with the past approvals. He said this re-design has been to the Design Review Committee three times over the course of 6 to 7 months with more than 1/2 dozen revisions to mitigate the impacts on the adjacent property owners. He responded to Mr. Rich's comment about only some of the neighbors being invited to this meeting. He reported that the property owners most affected by the project were invited and that although this meeting is not a public hearing, staff wanted to give them the opportunity to attend. He added that the Planning Commission Meeting on October 22, 2008, will provide a specific, detailed staff report for a public hearing. He said that it has been fully advertised and Item E-43 DRC ACTION AGENDA DRC2006-00926-WLC ARCHITECTS • October 14, 2008 Page 3 all property owners within a 660-foot radius from the exterior property lines have been noticed. Mr. Nicholson responded to the comment about the church operating a school. He noted that prior to the January 15, 2008, meeting the Commission considered the phasing plan and their request for a school. The Commission heard the concerns of the neighbors and said that there was not enough information to support approval of a school use, that further environmental clearance, a traffic study, and information from the other schools in the area was needed as well as additional staff review. Therefore, the church withdrew the application for the school use and asked that no further phases be considered. The Commission directed that their review would be through the Conditional Use Permit (CUP) process. The staff report for the upcoming meeting indicates there will not be a school and that he has a statement from the church detailing what is proposed for the Classroom Wing and the uses for those rooms that include meeting rooms and a youth worship area. He confirmed that upon completion of the Classroom Wing and prior to the Multi-Purpose room being built, the modular units must be removed from the site. Commissioner.Munoz asked what would occur if the church wanted to establish plans for a school at a later time. Mr. Nicholson said they would be required to go through a new CUP process with environmental clearance, a traffic study, and with input from the surrounding area schools. He said there are many issues that this proposal does not even address. He said there is no means for them to do that without going through the process. Commissioner Munoz asked the applicant if they are aware of the condition of the wall maintenance and of the seeping wall and if they can accept the condition regarding its maintenance. Pastor Esteves stated they have already worked out this concern with the affected neighbor months ago. Commissioner Munoz summarized the concerns, the wall issue, plans for a school, seepage, the building height, the slope, maintenance, enhanced landscaping, stucco on the wall, security fencing for the parking area, etc. He said it is not a public hearing and the applicants are present to tell them about the changes. He stated he appreciated Mr. Rich's input and it is difficult situation for the neighbors and for the church to proceed with what they believe their mission to be. He said the DRC has dealt with this in a fair, drawn out and specific manner, that they have looked at everything, the building height, the mass, and they put up story poles to help the neighbors understand what the massing would look like and that the church changed their plans in good faith. He noted the story poles went up at great expense and that the church has gone further and with their new plans reduced the mass of the building closest to the neighbors by nearly one third. He said he believes the church has bent over backwards; it is a tough problem just short of putting the hill back the way it was 10 years ago. He said he did not believe any other solution would work here. He said he recommends the project be forwarded to the Planning Commission as presented. He reiterated that this meeting is not a public hearing, but that was his opinion and he deferred to Commissioner Wimberly for comment. Commissioner Wimberly concurred with all of Commissioner Munoz' comments and added that he felt the cooperation received from the applicant, their product, what they have done, and their attempt to mitigate all that is out there is significant. He concurred with moving the project forward to the Planning • Commission. Commissioner Munoz recommended the project move forward, that he would not debate the issue further but invited further comment from Mr. Rich. Item E-44 DRC ACTION AGENDA DRC2006-00926-WLC ARCHITECTS October 14, 2008 Page 4 Mr. Rich reiterated they do not maintain things now, and that nothing gets done unless the neighbors complain either on the church side or the City's side. He said the lights were getting blocked, issues with landscaping being put in, gravel, sandbags, and tree removal. He said he has no assurance they will do anything and he cited old concerns regarding sandbags, lights, and the wall maintenance. He said the stucco treatment on the wall is a new wrinkle and that no one talked to the neighbors about it, that they won't take care of it, and that he did not know if the neighbors want that. He insisted it would not be taken care of and that the church did not work with the neighbors as directed by the Commission. He said they did not work with them at all. He said they just came to us and told us what they want to do and they asked for their approval. He maintained the building could be moved to the other side of the property. He said the building is now compacted and on top of them and the height is higher than the City Code and it does not help them. He said there is a lack of working with the neighbors on their part (church) and the City. Commissioner Munoz said he appreciates the church working with the City. Jim Di Camillo said his company has done work for the City for 25 years and that this project is an example of the process working. He said the applicant has made numerous changes. He said the intent is to improve the project and there has been much compromise on the part of the church. He said staff has done a great job. He said it is an example of a problem being resolved with people working together. Pastor Esteves thanked staff on behalf of the church. Mr. Rich said it would be impossible for him to be at that meeting (October 22, 2008). Item E-45 :Ljrynr DO`ALD J. KURTH, N•11). :Llayor Pro Tem L DENNIS MICKAEL t Gouncibnembers yS ti\dtt ;� RE\ GUTIE.RRE,7. Skm DUNE WII.LL-vMS Cry ManagerTHE CITY OFRANCHO CUCAtiONGA ]Ac; LAm,:- ICP RANCHO CUCANIONGA - - - May-13,_2008. 0208-592-03 Jonathan Mark & Lynette S. Wilson 8933 Ironwood Street Rancho Cucamonga, CA 91730 SUBJECT: LIFEWAY CHURCH LINE OF SIGHT "STORY POLES" Dear Property Owner, The Planning Department staff, in concert with the direction of the Design Review Committee, has been performing a review of the Master Phasing Plan for the remaining phases of the Lifeway Church project development including a classroom wing, temporary classroom modules, and a multi-purpose hall on 5.03 acres of land in the Low Residential District (2-4 dwelling units per acre), located at 7477 Vineyard Avenue (.APN: 0208-921-36). • As a courtesy, and per the direction of the Design Review Committee Lifeway Ch story poles or. their church roe Story � Y urch will be erecting property.rty ry poles are simply PVC poles erected at precise locations on the subject property for the purpose of providing precise vertical measurements. Such poles are sometimes used by the construction industry to help give visual guidance as to how the proposed height of a future permanent structure may appear from the surrounding properties. The poles will not aide in giving perspective of the mass of a future building but should be helpful to neighboring residents as to how high a building may appear from their own home/property. Lifeway Church plans to erect the poles within the week of May 12-16 and they will remain on the property for a minimum of two weeks time following the installation of the poles. Included with this letter is a map that denotes the precise location and elevation of each pole site (indicated with yellow dots) as well as the vertical elevation for the top of each pole. Should you have questions or concerns about the story poles, please feel free to contact Elena Purice, Senior Architect with WLC Architects, at (909) 987-0909. Sincerely, PLANNING DEPARTMENT Corkran W. Nicholson Assistant Planning Director CN\ma FU EXHIBIT H ,_ .,. f=.��; •09 _. _.,_,•; . .......sir. .,...... tF� I � I i r22. V �• .._.�rte. �.�.� �_.'—.�z �.� _r-'..��—.-�en+aaa-.-... .�v+.a--r__. 3 l ,moo W Ir.1 I I 0 1 441- •as p,_ � Z.-- a r CfTY OF RANCHO CUCAMONGA CONCEPruAL owmfG PLAN L/F£WAY CHURCH ®? DRC2001-00439 1ITem 2 - tip-�7 • RESOLUTION NO. 02-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2001-00439 FOR THE DEVELOPMENT OF A CHURCH MASTER PLAN, INCLUDING A SANCTUARY, EDUCATIONAL FACILITIES,A GYMNASIUM,ADMINISTRATIVE OFFICES,AND STORAGE ON 5.03 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT, LOCATED AT THE SOUTHEAST CORNER OF VINEYARD AVENUE AND CALLE DEL PRADO, r---- --AND-MA�IVG-FIRDINGSIN-SUPPORT THEREOF=APN _20 9Z1-36. A. Recitals. 1. Lifeway Church filed an application for the issuance of Conditional Use Permit DRC2001-00439, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 24th day of April 2002, 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 April 24, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southeast comer of Vineyard Avenue and Calle del Prado,with a street frontage of approximately 286 feet along Vineyard Avenue, and an approximate lot depth of 720 feet, and is presently vacant; and b. The property to the north, south, and east of the subject site is zoned Low Residential(2-4 dwelling units per acre), and the property to the west is zoned Open Space(existing Red Hill Park); and C. The application contemplates the immediate construction of 19,415 square feet of sanctuary, administrative offices, storage on-site, and master planned future development of another 21,900 square feet of building space for use as an educational center, a fellowship hall, and a gymnasium; and d. The property has a significant slope from west to east. The proposed project and grading concept contemplates the use of on-site retaining walls in the east parking lot. Development of the parking lot will require construction of retaining walls of up to 15 feet in height. PG1012- ?-/Ice EXHIBIT I Item E-48 ti PLANNING COMMISSION RESOLUTION NO. 02-43 CUP DRC2001-00439-LIFEWAY CHURCH April 24, 2002 Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. C. The proposed use complies with each of the applicable provisions of the Development Code. d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans sand wildlife or their habitat. 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. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Declaration and Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project,which are listed below as Conditions of Approval. C. Pursuant to the provisions of Section 753.5(c)of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration,the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing,the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 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. Item E-49 m PLANNING COMMISSION RESOLUTION NO. 02-43 CUP DRC2001-00439— LIFEWAY CHURCH April 24, 2002 Page 3 Planning Division 1) Light fixtures shall be constructed at a maximum height of 15 feet (to include pedestal), and shall be shielded and directed away from residential areas. A detailed Lighting Plan, including a photometric diagram, shall be prepared prior to issuance of building permits to provide proper shielding of light sources from adjoining properties. 2) Additional landscaping and trees shall be provided along the south end of the property to screen the drive aisle along the south property line and the proposed parking lot in Phase 1, to the satisfaction of the City Planner. 3) All future building pads and parking areas shall be seeded and irrigated for erosion control. Detailed plans shall be included in the Landscape and Irrigation Plans to be submitted for Planning Division approval prior to the issuance of building permits. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. • 5) If operation of the facility causes adverse effects upon adjacent businesses or residences,the Conditional Use Permit shall be brought before the City Planner for consideration and possible termination of the use. 6) Any signs proposed for the facility shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the City Planner, prior to installation. 7) The Master Plan is approved in concept only. Future development for each building proposed in Phases 2, 3, and 4 shall be subject to separate Development Review process. 8) All landscaped areas shall be kept free from weeds and debris and maintained in a healthy growing condition, and shall receive regular pruning, fertilizing, mowing, and trimming. 9) This approval is for the operation of a church and office and does not include a daycare or private K-12 school. 10) 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. 11) Lifeway Church shall not use Red Hill Park parking lots for their parking. • 12) The applicant shall include a landscape planter in place of proposed hardscape at the top of the north retaining wall located in the east parking lot. Item E-50 PLANNING COMMISSION RESOLUTION NO. 02-43 CUP DRC2001-00439-LIFEWAY CHURCH April 24, 2002 Page 4 13) The applicant shall add a detail cap at the top of the stacked stone pilasters proposed on the retaining walls located in the east parking lot, subject to City Planner review and approval. 14) The applicant shall provide a 6-foot high decorative wall (to match the proposed east parking lot retaining walls)along the southern end of the south drive aisle,terminating at first parking stall of the east parking lot to screen on-site vehicular traffic light glare and noise from existing single-family residences to the south. 15) Reduce the proposed grade from 2 percent to 1 percent at the southeast comer of the property to eliminate the necessity of a single large retaining wall, and incorporate terraced retaining walls, subject to the satisfaction of the City Engineer. Engineering Division 1) Missing improvements along Vineyard Avenue shall be installed including, but not limited to, curb and gutter, sidewalk, streetlights, street trees, signing, striping, drive approaches, etc., and as required. Vineyard Avenue is a City'Collector Street.' 2) Calle del Prado cul-de-sac shall be fully constructed with curb and gutter on the north side, curb and gutter and sidewalk on the south side, drive approach, streetlights, street trees,signing, striping,etc., in accordance with City "Local Cul-de-Sac," 36 feet curb to curb, and a 60-foot right-of-way. Dedication of right-of-way is required(30 feet from the existing centerline to southerly right-of-way). The cul-de-sac needs to utilize the existing right-of-way. 3) Water runoff from Calle del Prado will not be allowed to drain through the driveway to the parking lot. 4) Commercial driveways on Vineyard Avenue and Calle del Prado shall be 35 feet minimum per City standard. 5) Overlay Calle del Prado 0.10-foot minimum, including the north side of the street as directed by the City Engineer. 6) Complete the north side curb and gutter of Calle del Prado with the phased development for the gymnasium or the education building, whichever comes first. Environmental Mitigation Air Quality 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. Item E-51 PLANNING COMMISSION RESOLUTION NO. 02-43 CUP DRC2001-00439— LIFEWAY CHURCH April 24, 2002 Page 5 2) Vineyard Avenue and Calle del Prado shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour 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 PM,o emissions. 5) The construction contractor shall select the construction equipment used on-site based on low-emission factors and high-energy efficiency. The construction contractor shall ensure the construction Grading Plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 6) The contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. • 7) The construction contractor shall ensure that construction Grading Plans include a statement that work crews will shut of equipment when not in use. Noise 1) During all project site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with the manufacturers, standards. 2) The project contractor shall place all stationary equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise, and the noise-sensitive receptors nearest the project site during all phases of project construction. 4) During all phases of project construction, the construction contractor shall limit all construction related activities that would result in high noise levels to between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday. No construction shall occur on Sundays and public • holidays. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. Item E-52 PLANNING COMMISSION RESOLUTION NO. 02-43 CUP DRC2001-00439—LIFEWAY CHURCH April 24, 2002 Page 6 APPROVED AND ADOPTED THIS 24TH DAY OF APRIL 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Z' Rich Macias, Vice Chairman ATTEST: rad Bull creta I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of April 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL, TOLSTOY Item E-53 City of Rancho Cucamonga ® MITIGATION MONITORING PROGRAM Project File No.: DRC2001-00439/DRC2001-00444 This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project.This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary.This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. • 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management-The MMP will be in place through all phases of the project. The project planner, assigned by the 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 Division 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 Item E-54 Mitigation Monitoring Program Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures.The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring.The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds(or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. (:\FINAL\CEQA\MMP Form-rev.wpd Item E-55 MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: Conditional Use Permit DRC2001-00439 Applicant: Lifewav Church Initial Study Prepared bv- Kirt Coury Date: April 1, 2002 Mitigation Measures No. Responsible Monitoring of Method o f Verified Sanctions for Implementing Air Quality ;E. The site shall be treated with water or other soil-stabilizing agent CP C Review of plans A/C 2 (approved by SCAQMD and RWQCB)daily to reduce PM,• emissions,in accordance with SCAQMD Rule 403. Vineyard Avenue and Calle del Prado shall be swept according to a CP C Review of plans A/C 2 schedule established by the City to reduce PM,a emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. Grading operations shall be suspended when wind speeds exceed CP C Review of plans A/C 2 25 miles per hour to minimize PM,o emissions from the site during such episodes. r+ rG Chemical soil stabilizers(approved by SCAQMD and RWQCB)shall CP C Review of plans A/C 2 3 be applied to all inactive construction areas that remain inactive for M 96 hours or more to reduce PM,o emissions. I �n The construction contractor shall select the construction equipment CP B/C Review of plans A/C 2 O� used on-site based on low-emission factors and high-energy efficiency. The construction contractor shall ensure the construction Grading Plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. The contractor shall utilize electric or clean alternative fuel-powered CP C Review of plans A/C 2 equipment where feasible. The construction contractor shall ensure that construction Grading CP/CE B Review of plans C 2 Plans include a statement that work crews will shut of equipment when not in use. Noise During all project site excavation and grading,the project CP C Notes on Grading A 4 contractors shall equip all construction equipment,fixed or mobile, plans/site with properly operating and maintained mufflers consistent with the inspections manufacturers'standards. The project contractor shall place all stationary equipment so that CP C Notes on Grading A 4 emitted noise is directed away from sensitive receptors nearest the plans/site project site. inspections Mitigation MeaSUres No. Responsible Monitoring Timing of of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non-Compliance The construction contractor shall locate equipment staging in areas CP C Notes on Grading A 4 that will create the greatest distance between construction related plans/site .noise,and the noise-sensitive receptors nearest the project site inspections during all phases of project construction. During all phases of project construction,the construction contractor CP C Notes on Grading A 4 shall limit all construction related activities that would result in high plans/site noise levels to between the hours of 6:30 a.m.and 8:00 p.m. inspections Monday through Saturday. No construction shall occur on Sundays andipublic holidays. Key to Checklist Abbreviations Responsible Person Monitoring'Frequency,. Method of-Verification Sanctions CDD-Community Development Director or designee A-With Each New Development A-On-site Inspection 1 -Withhold!Recordation Final Map D CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit 3 CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy m BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order in PO.-Police Captain or designee E-Operating 5-Retain Deposit or Bonds v FC-Fire Chief or designee g 6-Revoke CUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: CONDITIONAL USE PERMIT DRC2001-00439 41,300 SQUARE FOOT SANCTUARY, EDUCATIONAL FACILITIES, GYMNASIUM, AND SUBJECT: ADMINISTRATIVE OFFICES APPLICANT: LIFEWAY CHURCH LOCATION: SOUTHEAST CORNER OF VINEYARD AVENUE AND CALLE DEL PRADO ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: �. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign • program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. SC-02-02 1 Item E-58 ` Project No.DRC2001-00439 Completion Date 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 City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 9. 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. City Planner. For single-family residential developments, transformers shall be placed in underground vaults. 10. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 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. Slope fencing along side property lines may be wrought iron or black plastic coated chain link to maintain an open feeling and enhance views. 13. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured products. D. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. SC-02-02 2 Item E-59 Project No.DRC2001-00439 Completion Date E. Parking and Vehicular Access (indicate details on building plans) • 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 5. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped. 6. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. F. 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 City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building'. 5. 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. 6. 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. SC-02-02 3 Item E-60 Project No.DRC2001-oo439 Completion Date 7. For multi-family residential and non-residential development, property owners are responsible —/�— for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 8. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 9. 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. 10. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 11. Landscaping and irrigation shall be designed to conserve water through the principles of —I_/— Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. G. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. H. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 719.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. I. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and �— location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. General Requirements 1. Submit five complete sets of plans including the following: —/�— a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; SC-02-02 4 Item E-61 f Project No.DRC2001-00439 Completion Date d. Ceiling and Roof Framing Plan; • e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., TT #, CUP #, DR #, etc.) 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. Separate permits are required for fencing and/or walls. 4. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. K. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., CUP 98-01). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, • National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development or ��— addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building 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. 5. Construct trash enclosure(s) per City Standard (available at the Planning Division's public —/—/— counter). L. New Structures 1. Provide compliance with the California Building Code for the property line clearances —/—/— considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separation(s). —/—/- 3. Plans for food preparation areas shall be approved by County of San Bernardino —I—/— Environmental Health Services prior to issuance of building permits. 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC —/—/— Table 5-A. SC-02-02 5 Item E-62 Project No.DRC2001-00439 Completion Date 5. Exterior walls shall be constructed of the required fire rating in accordance with UBC Table 5-A 6. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. 7. Provide smoke and heat venting in accordance with UBC Section 906. 8. Upon tenant improvement plan check submittal, additional requirements may be needed. M. Grading 1. Grading of the subject property shall be in accordance with the Uniform 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 plans shall be completed and approved prior to issuance of building permits. 5. In hillside areas, residential developments shall be graded and constructed consistent with ��— the standards contained in the Hillside Development Regulations Section 17.24.070. 6. A separate grading plan check submittal is required for all new construction projects and for existing buildings 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 DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: N. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured —1—J— from street centerline): 30 total feet on Calle del Prado(South side right-of-way) 2. Corner property line cutoffs shall be dedicated per City Standards. 0. Street Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: Street Name Curb& A.C. Side- Drive Street Street Comm Median Bike other Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Calle del Prado X X X X X X Vineyard Avenue 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 SC-02-02 6 Item E-63 Project No.DRC2001-00439 Completion Date 2. Improvement Plans and Construction: • a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. C. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. e. 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. f. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. 3. 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. 4. Install street trees per City street tree design guidelines and standards as follows. SEE ATTACHED STREET TREE REQUIREMENT FORM. P. Public Maintenance Areas 1. 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 bome by the developer. Q. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. _/_/_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits • in the case of all other residential projects. SC-02-02 7 Item E-64 Project No.DRC2001-00439 Completion Date R. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: S. Security Lighting 1. All parking,common, and storage areas shall have minimum maintained 1-foot candlepower. These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. T. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. _/_ 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device,tempered glass or a double cylinder dead bolt shall be used. 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. 4. All roof openings giving access to the building shall be secured with either iron bars, metal gates, or alarmed. U. Security Fencing 1. All businesses or residential communities with security fencing and gates will provide the police with a keypad access and a unique code. The initial code is to be submitted to the Police Crime Prevention Unit along with plans. If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24- hour dispatch center at (909) 941-1488 or by contacting the Crime Prevention Unit at (909) 477-2800 extension 2474 or extension 2475. V. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted from frame or track in any manner. W. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-02-02 8 Item E-65 CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION &TREET TREE REQUIREMENT FORM (REVISED 3/5/02) LAST UPDATED 8/27/01 DATE: 11/6/01 TO: HENRY MURAKOSHI, ASSOCIATE ENGINEER COMMENTS PREPARED BY: JANELL DAVIS, CONTRACT LANDSCAPE PLAN CHECKER PROJECT: DRC2001-00439 LOCATION: VINEYARD & CALLE DEL PRADO DESIGN NOTES: 1. STREET TREES ON NEW STREETS ARE TO BE SELECTED FROM THE CITY'S APPROVED STREET TREE LIST, BASED UPON AVAILABLE PLANTING AREA (TYPICALLY BETWEEN BACK-OF-CURB AND THE SIDEWALK). ESTABLISHED STREETS SHOULD ALREADY HAVE DESIGNATED TREE SPECIES. CONTACT LAURA BONACCORSI AT 909-477-2740, EXT 4023 FOR INFORMATION. 2. STREET TREES ARE TO BE SHOWN ON STREET OR OTHER PUBLIC IMPROVEMENT PLANS SIGNED BY THE CITY ENGINEER,AND CONSTRUCTED PER THE SAME. 3. STREET TREES SHOWN ON PLANNING DIVISION SUBMITTALS ARE CONCEPTUAL ONLY 4. INTERIOR STREETS WILL BE REQUIRED TO SELECT DECIDUOUS TREES FOR EAST-WEST STREETS AND EVERGREEN TREES FOR NORTH-SOUTH STREETS FROM THE CITY S APPROVED STREET TREE LIST. WIND-PRONE AREAS MAY BE REQUIRED TO UTILIZE A MORE DECIDUOUS PALETTE. 5. INDICATED SPACINGS AND SIZES ARE REQUIREMENTS FOR CITY-MAINTAINED TREES ONLY. WHERE THE TREE CONCEPT GOES BEYOND AREAS OF INFLUENCE NEAR PUBLIC IMPROVEMENTS AND/OR ANY CITY MAINTENANCE EASEMENT,SPACINGS AND SIZES WILL BE PER THE ON-SITE PLANS APPROVED BY THE PLANNING DIVISION. ON-SITE AND OFF-SITE PLANS SHALL BE COORDINATED. 6. STREET IMPROVEMENT PLANS SHALL REFLECT THE LEGEND AND NOTES INDICATED BELOW. IN SOME CASES,WHEN DETAILS ABOUT PARKWAY SIZES OR UTILITIES ARE UNAVAILABLE AT THE TIME OF CONDITIONING,OPTIONS ARE PROVIDED FOR VARIOUS SITUATIONS. IT IS THE DESIGNER'S RESPONSIBILITY TO ASCERTAIN THE CONTEXT OF THE TREE PLANTING,SELECT THE APPROPRIATE TREE OPTION,AND OMIT ANY ERRONEOUS INFORMATION ON THE FINAL LEGEND. 7. STREET IMPROVEMENT PLANS SHALL REFLECT A LINE ITEM WITHIN THE CONSTRUCTION LEGEND TO STATE: STREET TREES SHALL BE INSTALLED PER THE NOTES AND LEGEND ON SHEET ? (TYPICALLY SHEET 1) STRENI4M : `B0 A [C L-'NAM EO MQt MIN6RA S ,",� ; -, - ::i5.. _ ::''.� - •fit:•,.- �'�.. :i::•;•":�';-..;r:;;.,;. VINEYARD RHUS LANCEA AFRICAN SUMAC 5' (LOCAL ST 20'O.C. 15 GAL. FILL ) IN CALLE DEL PRADO PYRUS CALLERYANA NCN 3' 20'O.C. 15 GAL FILL 'ARISTOCRAT IN *TREES SHALL BE 15 GALLON SIZE UNLESS OTHERWISE APPROVED. CONSTRUCTION NOTES FOR STREET TREES: 1. ALL STREET TREES ARE TO BE PLANTED IN ACCORDANCE WITH CITY STANDARD PLANS. 2. PRIOR TO THE COMMENCEMENT OF ANY PLANTING, AN AGRONOMIC SOILS REPORT SHALL BE FURNISHED TO THE CITY INSPECTOR. ANY UNUSUAL TOXICITIES OR NUTRIENT DEFICIENCIES MAY REQUIRE BACKFILL SOIL AMENDMENTS, AS DETERMINED BY THE CITY INSPECTOR. �. ALL STREET TREES ARE SUBJECT TO INSPECTION AND ACCEPTANCE BY THE ENGINEERING DIVISION. 4. STREET TREES ARE TO BE PLANTED PER PUBLIC IMPROVEMENT PLANS ONLY. Item E-66 FIFA PROTECTION LSTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-01-0563-A PROJECT#: DRC2001-00439. PROJECT NAME: Lifeway Church DATE: January 12, 2002. PLAN TYPE: Conditional Use Permit APPLICANT NAME: WLC Architects OCCUPANCY TYPE: Group A, Division 2 and Group B FLOOR AREA(S): 14,304 s.f and 4,648 s.f. TYPE CONSTRUCTION: Type V-1 hr and Type V NR LOCATION: SEC Vineyard and Calle de Prado FD REVIEW BY: Steve Locati, Fire Protection Planning Specialist PLANNER: Kirt Coury ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT. 3009, IF YOU HAVE QUESTIONS REGARDING THE FOLLOWING CONDITIONS: The following comments and conditions represent the minimum standard for Fire District approval of the project as submitted. These conditions are based upon review of the plans as submitted. Although we have tried, not all Fire District requirements for the proposed project may be included. Additions to or changes in the project may result in additional or changed Fire District requirements. Please make the necessary changes or corrections prior to resubmitting for review. "Bold" items identified below, as a"Required Note" shall be included as notes on plans resubmitted to the Planning Division to obtain Fire District approval. If your project is approved by the City of Rancho Cucamonga, all other Fire District conditions and comments must be addressed before construction permits can be issued. Contact the Fire Safety Division to schedule an appointment to verify compliance. A. Water Plans for Fire Protection 1. Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District. 2. Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District standards. Contac the Fire Safety Division for a copy of"Fire District Notes for Underground and Water Plans." 3. Required Note: When any portion of a facility or building is located more than 150-feet from a fire hydrant located on a public street, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. The distance is measured as vehicular path of travel on adjacent access roadways, not line of sight. Item E-67 4. Required Note: Tr quired fire flow for this project shall be N0 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 amended. For site planning purposes one fire hydrant is required per 1000 gallons of required fire flow. • 5. Required Note: The required fire flow shall be delivered by fire hydrants located in accordance with Fire Code Appendix III-B, as amended. 6. 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. 7. Required Note: All required public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i.e., lumber, roofing materials, etc.). Water District personnel shall inspect the installation and witness hydrant flushing. The builder/developer shall submit test report to the Fire Safety Division. 8. Required Note: All private on-site fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i.e., lumber, roofing materials, etc.). Fire Construction Services representative shall inspect the installation and witness hydrant flushing. The builder/developer shall submit final test report to the Fire Safety Division. 9. For the purpose of final acceptance, an additional test of the on-site fire hydrants shall be conducted by the builder/developer in the presence of the Water District or Fire Construction Services, as appropriate. The builder/developer shall submit the final test report to the Fire Safety Division. 10. Existing fire hydrants and mains within 600-feet of the project shall be shown on the water plan submitted for review and approval. Include main size. 9. Prior to the issuance of a fire sprinkler system permit, the applicant shall submit construction plans, specifications, and calculations for the fire sprinkler system underground to the Fire Safety Division for approval. ® 10. If the system is private the applicant shall do the following prior to the issuance of the building permit: a. Submit proof that provisions have been made for the annual testing, repair, and maintenance of the system. A copy of the maintenance agreement shall be submitted to the District. b. For developments with multiple owners,they shall establish a reciprocal maintenance agreement, that shall be submitted to the Fire District for acceptance. 11. Prior to the issuance of any Certificate of Occupancy,all fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers." On private property these markers are to be maintained in good condition by the property owner. B. Water Availability 1. Required Note: Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Rancho Cucamonga Fire Protection District Water Availability for Fire Protection Form shall be completed by the Water District and submitted for approval by the Rancho Cucamonga Fire Protection District. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system maybe required in each structure affected by the insufficient flow. C. Automatic Fire Sprinkler Systems 1. Required Note: RCFPD Ordinance 15 or other adopted code or standard requires an approved automatic fire sprinkler system to be installed throughout the building(s). • 2. Required Note: All commercial or industrial structures greater than 7,500 square feet, all Group A or E Occupancies with an occupant load of 50 or more persons, multi-family residential structures, and all structures that do not meet Fire District access requirements (See Fire Access below), shall be protected by an approved automatic fire sprinkler system. Item E-68 3. Plans for the require tomatic fire sprinkler system shall be su' tted to Fire Construction Services for review and approval. No work is.allowed without a permit issued by =ire Construction Services. 4. Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 5. The fire sprinkler system monitoring system shall be installed, tested, and operational immediately following the completion of the fire sprinkler system. Monitoring is required with 20 sprinklers in Group I Occupancies, or 100 or more sprinklers in all other Occupancies. D. Fire Access 1. Required Note: Fire District access roadways shall be provided for every facility, building, or portion of a building constructed when any portion of the facility or any portion of an exterior wall of the first story of the building is located- more than 150-feet from Fire District approved vehicle- access.--- The distance is measured by an approved route around the exterior of the facility or building. 2. Fire District access roadways include public roads, streets, highways, as well as private roads, streets and designated fire lanes. 3. Commercial/Industrial and Multi-family Residential-Required Note: Prior to recordation of a subdivision/tract/parcel map or the issuance of any grading permit, whichever occurs first, the applicant shall submit plans and specification for the approval of the Fire District for all Fire District access roadways to within 150-feet of all portions of the exterior.of every structure on-site. 4. Roadways and Fire Lanes-Required Note: Prior to issuance of any grading permits, the applicant shall submit and obtain approval of plans for all public and/or roads, streets, courts and cul-de-sacs from the Fire District in consultation with the Grading Committee. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150-feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions that prohibit obstructions such as traffic calming devices (speed bumps, humps, etc.), control gates, bollards, or other modifications in fire lanes C.- access access roadways without prior written approval of the Fire District, Fire Safety Division. 5. Private Roadways and Fire Lanes-Required Note:The inside tum radius shall be 20-feet. The outside tum radius shall be not less than 50-feet. The minimum radius for cul-de-sacs is 45-feet. The minimum unobstructed width for a Fire District access roadway or fire lane is 26-feet. The minimum vertical clearance is 14 feet,6 inches. At any entry median the minimum width of traffic lanes shall be 20-feet. 6. Dead-end Fire District Access Roadways-Required Note: Dead-end Fire District access roadways in excess of 150-feet shall be provided with approved provisions for the turning around of fire apparatus. This may include a cul-de-sac,"hammerhead,"or other means approved by the Fire District. 7. Required Note: All portions of the facility or any portion of the exterior wall of the first story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates, and fences are an obstruction. 8. Approved access walkways shall be provided from the fire apparatus access road to exterior building openings. 9. Required Note: All buildings that have three or more stories, or are 30-feet in height shall be provided with fire apparatus access on at least two sides. Access to exterior walls shall extend from 5 to 50-feet horizontally, with no vertical obstructions. 10. Knox Rapid Entry System: A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 11. Required Note: Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14-feet, 6• inches from the ground up, so as not to impede fire vehicles. 12. Required Note: Emergency access, a minimum 26-feet in width and 14-feet, 6-inches in height shall be provided and maintained free and clear of any obstructions at all times during construction, in accordance with Fire District Standards. Item E-69 13. Prior to the issuance+. building permit, the applicant shall subrr° ans and obtain approval from the Fire District for required Fire District access roadways less than 40-feet in width. When fire lanes are required the plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved. Contact the Rancho Cucamonga Fire • Protection District at(909)477-2770 for a copy of the"FD Access—Fire Lanes"standard. 14. Fire Lanes: Prior to the issuance of any Certificate of Occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's or other approved documents shall contain a fire lane map and provisions that prohibit parking in the fire lanes. The method of enforcement shall be documented. The CC&R's shall also identify who is responsible for not less than annual inspection and maintenance of all required fire lanes. 15. New buildings other than single-family dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street-an additional non-illuminated 6=inch minimum number address shall be provided at the property entrance. 27. In multi-unit complexes approved address numbers, and/or building identification letters shall be provided on the front and back of all units, suites, or buildings. The Fire District shall review and approve the numbering plan in coordination with the City of Rancho Cucamonga. E. Traffic Signal Preemption Devices 1. Prior to the recordation of the applicable subdivision map,the Fire District in consultation with the City Engineer shall approve the locations of Traffic Signal Preemption Devices. F. Combustible Construction Letter 1. Required Note: Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply • for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-site. The roadway shall be maintained at all times. G. Architectural Building Plans 1. Prior to the issuance of a building permit the applicant shall submit plans for the review and approval of the Fire District. Call the Fire Construction Services Unit at(909) 477-2713 for any required notes to be placed on the plans prior to submittal. FI. Fire District Service Fees' 1. The following fees may be applicable to this project and are being identified at this time to assist the applicant in planning for future costs. Other comments in this letter identify fire protection features or other required installations subject to approval by the Fire District. The fees for these additional plan reviews are to be paid at the time plans submitted. When the required plans are submitted the following fees will be assessed by the Fire Safety Division:" $82 Start-up fee for commercial, industrial or multi-family dwelling projects (Paid prior to TRC) $66 Fire District Access Review (Includes Fire Lane Plans) $132 Conditional Use Permit Review Fee(CUP) $132 for Private Fire Mains or Fire Sprinkler Underground Water Supply $677(per new building)for New Commercial and Industrial Development *' Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. • ' Note: Separate plan check fees will be assessed by the Fire Construction Services unit for review of tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews upon submittal of plans. Item E-70 2. The following servic es are due to the Fire District and payaR' �at this time: $82 Start-up fee for commercial, industrial or multi-family dwelling projects(Paid prior to TRC) $132 Conditional Use Permit Review Fee(CUP) $214 -Total due at this time. Remit payment by check made payable to the"Rancho Cucamonga Fire District" **Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. *Note: Separate plan check fees will be assessed by the Fire Construction Services unit for review of tenant improvement work,fire protection systems(fire sprinklers,alarm systems,fire extinguishing systems, etc.), and/or any consultant reviews upon submittal of plans. I. Hazard Control Permits 1. As noted below Special Permits may be required, dependent upon approved use(s): a. Operate a place of public assembly. b. To install any access control device, system, or any material under, upon or within the required fire district access roadway. This includes any gate, barrier, traffic-calming device, speed bump, speed hump or any device that delays or slows Fire District response. c. Candles and open flame in public assembly. .1. Hazardous Materials—Compliance with Disclosure and Reporting Regulations The below listed businesses, operations, uses or conditions require that the San Bernardino County Fire Department review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-3041 for forms and assistance. They are the CUPA for the City of Rancho Cucamonga. 1. Any business that uses, generates, processes, produces, treats, stores, emits, or discharges a hazardous material in quantities at or exceeding 55 gallons, 500 pounds, or 200 cubic feet (compressed gas) at any one time in the course of a year. .2. All hazardous waste generators, regardless of quantity generated. 3. Any business that handles, stores, or uses Category (1) or (11) pesticides, as defined by FIFRA, regardless of amount. 4. Any business that handles DOT Hazard Class 1 (explosives,found in 49 CFR) regardless of amount. 5. Any business that handles extremely hazardous substances (EHS's) in quantities exceeding the threshold planning quantity (T.P.Q.). Extremely Hazardous Substances are designated pursuant to the Emergency Planning and Community Right to Know Act Section 302, and are listed in 40 CFR Part 355. 6. Any business subject to the Emergency Planning and Community Right to Know Act (EPCRA), also known as SARA Title III. Generally, EPCRA includes facilities that handle hazardous substances above 10,000 pounds, or extremely hazardous substances above threshold planning quantities. There are some exceptions, including retail gas stations with up to 75,000 gallons of gasoline or 100,000 gallons of diesel fuel in Underground Storage Tanks (UST's) that meet the 1998 upgrade requirements. To get more information on EPCRA requirements call 1-800-535-0202. Due to State disclosure consolidation laws, Tier II forms need not be submitted to the various State and Federal agencies. Submission of your Business Emergency/ Contingency Plan will meet this requirement; however, EPCRA does require full annual inventory submission rather than a certification statement each March 1. Also, EPCRA facilities are bound by the trade secret limitations of EPCRA, and must sign every page of inventory. 7. Any business that handles radioactive material that is listed in Appendix B of Chapter 1, of 10 CFR. Item E-71 8. If the facility is a N business, a Certificate of Occupancy d by Building and Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous material disclosure • requirements. A Risk Management Program (RMP) may also be required if regulated substances are to be used or stored at the new facility. Contact County Fire, Hazardous Materials Division at (909) 387-3041 for forms and assistance. 9. Any business that operates on rented or leased property, and is required to submit a Plan, is required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates, and has complied with the provision, and must provide a copy of the Plan to the property owner within 5 working days after receiving a request from the owner. 10. The Fire Code adopted by the Fire District has a provision requiring collection of information regarding hazardous materials-at facitities for purposes of Fire Code-implementation and emergency response. Prior to issuance of a Certificate of Occupancy a copy of the Business Emergency/Contingency Plan - New Business (Hazardous Materials Release Response Plans and Inventory) shall be submitted to the Fire District after it is approved by the San Bernardino County Fire Department. In some cases additional information that is not in the Business Emergency/Contingency Plan may be required in order to support local fire prevention and emergency response programs. K. Plan Submittal Required Notice 1. Plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical and RCFPD Ordinances FD15 and FD32, Guidelines and Standards. L. Other Fire District Requirements or Comments 1. NOTE: The Fire Safety Division has previously met with representative of WLC regarding fire district access.The results of that meeting are not reflected in the current resubmittal. ® Fire District Conditions of Approval-Template SL 11/20/01 Revision • Item E-72 • RESOLUTION NO. 08-62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2006-00926 TO COMPLETE THE LIFEWAY CHURCH FACILITY BY ADDING A NEW CLASSROOM WING AND MULTI- PURPOSE HALL IN THE LOW DENSITY(2 TO 4 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT, LOCATED AT 7477 VINEYARD _AVENUE;ANDMAKING FINDINGS-IU SUPPORTTHE-REOF—APN=020& _�_---- 921-36. A. Recitals. 1. WLC Architects on behalf of Lifeway Church, filed an application for the issuance of Conditional Use Permit DRC2006-00926, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 22nd day of October 2008, 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 October 22, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 7477 Vineyard Avenue,with a street frontage of approximately 297 feet and lot depth of approximately 720 feet, and is presently improved with the Phase 1 sanctuary and office building of Conditional Use Permit DRC2001-00439; and b. The property to the north of the subject site is single-family residential;the property to the south consists of single-family residential; the property to the east is single-family residential; and the property to the west is a public park; and C. The site has sufficient parking for the proposed uses at 230 spaces; and place; and d. The substantial site improvements, landscaping, lighting, and circulation are in • e. The portable classroom units are only temporary and will be removed as part of the completion of this project. EXHIBIT D Item E-73 i PLANNING COMMISSION RESOLUTION N0. 08-62 DRC2006-00926—WLC ARCHITECTS October 22, 2008 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and e propose use, toget er wif tie conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and C. The proposed use complies with each of the applicable provisions of the Development Code. 4. Pursuant to the California Environmental Quality Act(CEQA)and the City's local CEQA Guidelines,the City adopted a Mitigated Negative Declaration on April 24,2002, in connection with the City's approval of Conditional Use Permit DRC2001-00439 for the approval of the initial project. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent or discretionary approvals of the same project unless: (i)substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or(iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated Conditional Use Permit DRC2006-00926 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. In that the applicant is currently proposing a less intense project by consolidating the initial Gymnasium and Fellowship Hall buildings into a smaller single structure that reduces the building height,square footage, and building mass by eliminating approximately 1,900 square feet. In the initial proposal these two functions(i.e.,the Gymnasium and Fellowship Hall)were provided in separate buildings on two levels. In the revised proposal the buildings are combined into a single Multi-Purpose Hall that would be located on a lower mid plaza level. 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, the Planning Department has determined that no additional environmental review is required in connection with the City's consideration of Conditional Use Permit DRC2006-00926. The Planning Commission has reviewed the Planning Department's determination that no additional environmental review is required, and based on its own independent judgment, concurs in the staffs determination. 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 conditions (including Standard Conditions) set for Conditional Use Permit DRC2001-00439 (Planning Commission Resolution 02-43)shall pertain to this project. Item E-74 PLANNING COMMISSION RESOLUTION NO. 08-62 DRC2006-00926-WLC ARCHITECTS October 22, 2008 • Page 3 2) The full five years permitted in Section 17.02.100(Lapse of Approval and Extensions) of the Rancho Cucamonga Municipal Code shall apply to this approval including the other requirements and limitations of that section, except that the temporary classroom units shall be removed from the site no later than the end of the five-year period regardless of the status of the progress of the proposed development or any extension that may be provided-for this expansion: -- - •—_= _- r ---- . - _. 3) In addition to the statement of absolute approval lapse for the temporary portable classroom units in Condition 2 above, the following condition shall operate as to the duration of these units on the site: The eventual location for the meeting rooms that currently house the religious educational programs by use of the temporary portable classroom units is the new Classroom Wing. Therefore, the temporary portable classroom units shall be vacated upon the approved occupancy of the new Classroom Wing or the end of the five-year approval period of this Conditional Use Permit,whichever is first. The units must not remain on the site more than 90 days after this date. 4) The temporary classroom units shall be maintained in good condition at all times including, but not limited to, paint. No signs and/or banners • shall be installed and/or affixed to the temporary classroom units. 5) That at least 50% or more of the new trees to be planted, as shown on the submitted Planting Plan, shall be a minimum size of 36 inch box to further buffer the proposed development from the neighboring residential properties. 6) That all existing and proposed fencing, retaining walls, and garden walls shall be maintained and repaired to function as so designed. 7) The wall on the southerly slope shall be enhanced with a stucco finish prior to the issuance of the Building Permits. 8) The installation of the proposed landscaping for the southerly slope as well as the wrought iron fencing shown on the Site Plan shall be completed in accordance with the approved plans and is subject to review and approval by the Planning Director prior to the issuance of any occupancy permits. 9) The Planning Director shall review the feasibility of the installation of a 6- foot high block wall along the easterly property line of the site in lieu of the wrought iron fencing currently shown on the Site Plan. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2008, PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Item E-75 I PLANNING COMMISSION RESOLUTION NO. 08-62 DRC2006-00926—WLC ARCHITECTS October 22, 2008 Page 4 BY: Richard B. Fletcher, Chairman ATTEST: -Troye r;-AIGRrte ;=Secreta - - 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 22nd day of October, 2008, by the following vote- to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, STEWART, WTMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL Item E-76 COMMUNITY DEVELOPMENT \ ' DEPARTMENT STANDARD CONDITIONS PROJECT#: CONDITIONAL USE PERMIT DRC2006-00926 SUBJECT: LIFEWAY CHURCH APPLICANT: WLC ARCHITECTS LOCATION: 7477 VINEYARD AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 11s. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolutions of Approval 02-43 and 08-62, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, and Development Code regulations. 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. --- SC-1-05 1:1PLANNINGIFINALIPLNGCOMM12008 Res & Stf rep1DRC2006-00926StdCond 10-22.doc Item E-77 Project No. DRC2006-00926 Completion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building,.etc.)or prior to final map approval in the case of a custom lot subdivision., or approved _.....-- - -- -... ......_ use as�ommenced;whicfiever�comes-flrs�---��-...--------�- --- --- -•�_ — ----- 6. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. 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. C. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 2 1APLANNINGTINAUPLNGCOMM\2008 Res&Stf rep\DRC2006-00926StdCond 10-22.doc Item E-78 I .oNa... Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS April 26, 2007 LifewayChurch ---- ---.—._ _.__._------ -- --- ----T -- ---- -- --_ _._.- Modular Classrooms, Fellowship Hall, Gymnasium & Educational Building 7477 Vineyard DRC2006-00926 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT This site is required to be annexed into the Rancho Cucamonga Fire Protection District's Community facility District 85-1. The process must be completed before issuance of the Building permits; allow 6 months for the completion the process; apply now. The modular classroom buildings will also be required to be equipped with automatic fire sprinklers and/or a fire alarm system The RCFPD Procedures & Standards which are referenced in this document can be access at httQ://www.ci-rancho-cucamon ia.ca.us/fire/index htm under the Fire SafetyD v sionn the Fiirre &Construction Services section. Search by article; the preceding number of the standard refers to the rticle. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. 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 commercial/industrial projects is 300 feet. No portion of the exterior wall shall be located more than 150 feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100 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. 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. Item E-79 If any portion of a fa y or building is located more than 15 t from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. J. Provide one fire hydrant for each 1,000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. °ublic fire hydrants located within a 500-foot radius of the proposed project may be used to provide .he 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. 2. lire protection water plans are required for all projects that must extend the existing water supply to or onto the site 3. -he on all site plans submitted for review must show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting.plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Assembly &Educational Occupancy Buildings. 2. Commercial buildings greater than 7,499 square feet or larger. 3. "All structures that do not meet Fire District access requirements (see Fire Access). 4. When buildings do not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard 9-7. 5. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1 . RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) requires an automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code. 2 Item E-80 2. Prior to any y removal rer= '�el, modification and/or additions to tr wilding or suite's fire alarm system, Fire Construction ��ervices' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #r10-6. 03. Based on the number of sprinkler heads; the sprinkler system is required to monitored by a listed central station fire alarm system. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Lanes Standard 9-7. 1. Location of Access: All portions of the structures 1st story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26 feet. b. The maximum inside turn radius shall be 20 feet. C. The minimum outside turn radius shall be 46 feet. d. The minimum radius for cul-de-sacs is 45 feet. • e. The minimum vertical clearance is 14 feet,,6 inches. f. At any private entry median, the minimum width of traffic lanes shall be 20 feet on each side. g. The angle of departure and approach shall not exceed 9 degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12 percent. i. Support a minimum load of 70;000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in buildings in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard #`9-2. The following design requirements apply: • 3 Item E-81 a. Prior to the fabricatic. nd installation of the gates, plans are -`tired to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. �. Gates must slide open horizontally or swing inward. Gates may be motorized or manual. ,J. When fully open, the minimum clearance dimension of drive access shall.be 20 feet. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for 820.00. Motorized gates must open at the rate of one-foot per second. �. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Public Assembly • Cryogenics • Tents, Canopies and/or Air Supported Structures • LPG or Gas Fuel Vehicles in Assembly Buildings FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or r88-1 is required prior to the issuance of grading or building permits. 4 Item E-82 I Chronological Summary of RCFP® Standard Conditions ® PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1 . Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply stem-must be--deli Heti in accordance-with-RCFPb SfandTrds#9-4; fr10-2'and X10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard 74-19-7. All temporary utilities over access roads must be installed at least 14 feet 6 inches above the finished surface of the road. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' •"Temporary Power Release Checklist and Procedures." 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. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on- site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 41 Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm s stA shall be installed: inspected, tested and accepted by Fire Construction Services. y Vm 5 Item E-83 J • 6. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 7. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with, provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of_all re wiredfire.acggL roadways._�_..T_. .__=__T. 8. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi- family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 9. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 10. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 1/2-inch by 11-inch or 11-inch by 17-inch site plan of the site in accordance with RCFPD Standard #13=1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 6 Item E-84 RESOLUTION NO. 13-31 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING A TIME EXTENSION DRC2013-00093, A REQUEST TO EXTEND THE DURATION OF AN EXISTING ENTITLEMENT APPROVAL BY AN ADDITIONAL TWO (2) YEARS FOR DRC2006-0092 ; A PROPOSAL TO COMPLETE THE LIFEWAY CHURCH FACILITY ON 2.975 ACRES WITHIN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT 7477 VINEYARD AVENUE ;. AND_ MAKING FINDINGS IN-SUPPORT- - THEREOF -AM": 08-921-36. A. Recitals. 1. Lifeway Church filed application DRC2013-00093 for the extension of the duration of the entitlement approval("time extension")for Conditional Use Permit DRC2006-00926 as described in the title of this Resolution. Hereinafter in this Resolution, the subject time extension request is referred to as "the application". 2. On October 22, 2008, this Commission adopted its Resolution No. 08-62, thereby approving the application subject to specific conditions and time limits. 3. On July 24, 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. • 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is 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 July 24, 2013, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The applicant does not propose any changes to the original project in conjunction with this time extension request; and b. The previously approved Conditional Use Permit is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and C. The extension of the approval of the Conditional Use Permit will not cause significant inconsistencies with the current General Plan,specific plans, ordinances,plans,codes,or policies; and d. The extension of the approval of the Conditional Use Permit will not be detrimental • to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and EXHIBIT E Item E-85 PLANNING COMMISSIO RESOLUTION NO. 13-31 TIME EXTENSION DRC2013-00093—LIFEWAY CHURCH July 24, 2013 Page 2 e. The extension of the approval of the Conditional Use Permit will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and f. The extension is within the time limits established by State law and local ordinance. _.. .._.. 3. Basect-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 April 24, 2002, in connection with the City's approval of Conditional Use Permit DRC2001-00493 for the approval of the initial project. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent or 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. i In 2008, staff evaluated Conditional Use Permit DRC2006-00926 and concluded that substantal 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 Declaration.. At that time, the applicant proposed a less intense the previous Mitigated Negativeproject by consolidating the initial Gymnasium and Fellowship Hall buildings into a smaller single structure that reduced the building height, square footage, and building mass by eliminating approximately 1,900 square feet. In the initial proposal, these two functions (i.e., the Gymnasium and Fellowship Hall) were provided in separate buildings on two levels. In the revised proposal the buildings were combined into a single Multi-Purpose Hall that would be located on a lower mid plaza level. Staff has evaluated Time Extension DRC2013-00093 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 since the applicant is proposing a time extension to the previous 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 DRC2013-00093. b. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Time Extension DRC2013-00093 for Conditional Use Permit DRC2006-00926. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above,this Commission hereby extends the duration of an existing entitlement approval by an additional two(2) years and modifies the conditions of approval contained in Resolution No. 08-62 to read as follows: Item E-86 PLANNING COMMISS)N RESOLUTION NO. 13-31 TIME EXTENSION ORC2013-00093-LIFEWAY CHURCH July 24, 2013 air Page 3 Planning Department 1) Approval.is for the extension of the duration of the entitlement approval (Time Extension DRC2013-00093) for Conditional Use Permit DRC2006-00926 and modification of the applicable approval time limit as described in Planning Condition #2 contained in Resolution_...,._. No.-08-62-- that-was- adopted'-by- the Planning Commission on October 22, 2008. 2) The time extension of the entitlement approval is for two(2)years. The new expiration date for Conditional Use Permit DRC2006-00926 is October 22, 2015. 3) Any requests for future time extensions shall be subject to the Procedures, conditions,and findings as set forth in Section 17.14.090 of the Development Code. 4) All other prior conditions of approval, including all of the Standard/special conditions of approval from other City departments for Conditional Use Permit DRC2006-00926 (Resolution 08-62) and Conditional Use Permit DRC2001-00439 (Resolution 02-43), shall apply. 5. The Secretary to this Commission shall certify to-the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2013 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Frances Howdyshell, Chairman � ATTEST: Candyce ett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, hereby certify that the foregoing Resolution was duly and regularly introduced,passed and do ed by the Planning Commission of the City of Rancho Cucamonga,at a regular meetin of th adopted Commission held on the 24th day of July 2013, by the following vote-to-wit: g e Planning AYES: COMMISSIONERS: FLETCHER, OAXACA# WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, MUNOZ ABSTAIN: COMMISSIONERS: NONE Item E-87 • RESOLUTION NO.15-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TIME EXTENSION DRC2015-00239, A REQUEST FOR A ONE-YEAR TIME EXTENSION OF CONDITIONAL USE PERMIT DRC2006-00926 FOR LIFEWAY CHURCH TO CONSTRUCT THE REMAINING PHASES OF THE PREVIOUSLY APPROVED LIFEWAY CHURCH MASTER PLAN, INCLUDING A 15,000 SQUARE FOOT TWO-STORY CLASSROOM WING AND A 10,074 SQUARE FOOT MULTI-PURPOSE HALL FOR PROPERTY LOCATED WITHIN THE LOW RESIDENTIAL DISTRICT AT 7477 VINEYARD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN.: 0208-921-36. A. Recitals. 1. Lifeway Church Ministries, filed an application for the approval of Time Extension DRC2015-00239, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." 2. On October 22, 2008, this Commission adopted its Resolution No. 08-62, thereby approving the application subject to specific conditions and time limits. Based on this approval, Conditional Use Permit DRC2006-00926 would have expired on October 22, 2013. 3. On July 24, 2013, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. The Planning Commission adopted Resolution No. 13-31 approving the request to extend the duration of the existing entitlement approval by an additional two (2) years. Based on this approval, Conditional Use Permit DRC2006-00926 expires on October 22, 2015. 4. On May 13, 2015, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on May 13, 2015, including written and oral staff reports, this Commission hereby specifically finds as follows: • a. The application applies to property located at 7477 Vineyard Avenue (APN: 0208-921-36), with a street frontage of approximately 297 feet and lot depth of Item E-88 PLANNING COMMISSION RESOLUTION NO. 15-32 TIME EXTENSION DRC2015-00239— LIFEWAY CHURCH MINISTRIES May 13, 2015 Page 2 approximately 720 feet, and is presently improved with the Phase 1 sanctuary and office building of Conditional Use Permit DRC2001-00439; and b. The project is located within the Low Residential District. The properties to the north, east and south of the subject site are also located within the Low Residential (L) District and contain single-family residential development; and the property to the west is located within the Open Space (OS) District and contains a public park; and c. The applicant does not propose any changes to the original project in conjunction with this time extension request. The proposal involves development of the remaining phases of the previously approved Lifeway Church Master Plan, including a 15,000 square foot two-story classroom wing and a 10,074 square foot multi-purpose hall; and d. The previously approved Conditional Use Permit is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies. As stated in the staff report for Conditional Use Permit DRC2006-00926, the use is in compliance with the City's parking, setback and building height requirements as well as design standards. Staff has verified that, aside from a lack of ten (10) trees along the site's southern perimeter, the landscape throughout the site is in compliance. Staff is including a Condition of Approval that requires the installation the trees prior to occupancy of the 15,000 square foot classroom wing or prior to the expiration date of Conditional Use Permit DRC2015-00239 (October 2.2, 2016), whichever comes first; and e. The extension of the approval of the Conditional Use Permit will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, or policies; and f. The extension, which is this project's final time extension, is within the time limits established by State law and local ordinance. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting 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 use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. Churches and schools are permitted uses within the Low (L) Residential District subject to a Conditional Use Permit and Planning Commission approval; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project was previously approved by the Planning Commission on October 22, 2008 and was determined that, subject to a list of conditions of approval stated within Resolution No. 02-43 and Resolution No. 08-62,the use will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Since the applicant does not propose any changes to the project, staff finds that the impacts will not be detrimental or materially injurious; and C. The proposed use complies with each of the applicable provisions of the Development Code. The project, as previously approved, is in compliance with the City's Item E-89 PLANNING COMMISSION RESOLUTION NO. 15-32 TIME EXTENSION DRC2015-00239— LIFEWAY CHURCH MINISTRIES May 13, 2015 • Page 3 development standards, including, but not limited to setbacks, building height, parking and design. Aside from a lack of ten (10) trees along the site's southern perimeter, the landscape throughout the site is in compliance. Once installed, the site's landscape will be in general compliance with the City's landscape requirements. 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 April 24, 2002 in connection with the City's approval of Conditional Use Permit DRC2001-00493. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or(iv) additional mitigation measures are now feasible to reduce impacts or different • mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the Time Extension DRC2015-00239, 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. In 2008, staff evaluated Conditional Use Permit DRC2006-00926 and concluded 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. At that time, the applicant proposed a less intense project by consolidating the initial Gymnasium and Fellowship Hall buildings into a smaller single structure that reduced the building height, square footage, and building mass by eliminating approximately 1,900 square feet. In the initial proposal, these two functions (i.e., the Gymnasium and Fellowship Hall) were provided in separate buildings on two levels. In the revised proposal the buildings were combined into a single Multi-Purpose Hall that would be located on a lower, mid-plaza level. Since the applicant is proposing a time extension to the previous approval, the Planning Director has evaluated Time Extension DRC2015-00239 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 Planning Director 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. Staff has determined that the project is consistent with the previously approved Master Plan. Furthermore, the design of the project has not changed since the Planning • Commission approved Conditional Use Permit DRC2006-00926. 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 DRC2015-00239. Item E-90 PLANNING COMMISSION RESOLUTION NO. 15-32 TIME EXTENSION DRC2015-00239—LIFEWAY CHURCH MINISTRIES May 13, 2015 Page 4 C. Based on these findings and all evidence in the record,the Planning Commission concurs with the Planning Director's determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Time Extension DRC2015-00239 for Conditional Use Permit DRC2006-00926. 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 in the attached Conditions of Approval incorporated herein. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, 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 13th day of May 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Item E-91 Conditions of Approval A�UCAMONGA Community Development Department Project#: DRC2015-00239 Project Name: One-Year Time Extension for Lifeway Church Master Plan Location: 7477 VINEYARD AVE - 020892136-0000 Project Type: Time Extension ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Deaartment Please be advised of the following Special Conditions 1. Approval is for the extension of the duration of the entitlement approval (Time Extension DRC2015-00239) for Conditional Use Permit DRC2006-00926 and modification of the applicable approval time limit as described in Planning Condition #2 contained in Resolution No. 08-62 that was adopted by the Planning Commission on October 22, 2008. 2. The time extension of the entitlement approval is for one (1) year. The new, and final, expiration date for Conditional Use Permit DRC2006-00926 is October 22, 2016. 3. All other prior conditions of approval, including all of the standard/special conditions of approval from other City departments for Conditional Use Permit DRC2006-00926 (Resolution No. 08-62) and Conditional Use Permit DRC2001-00439 (Resolution No. 02-43), shall apply. 04, The installation of the remaining trees along the southern perimeter, as shown on the previously approved planting plan, shall be installed prior to occupancy of the 15,000 square foot classroom wing or prior to the expiration date of Conditional Use Permit DRC2015-00239, October 22, 2016, whichever comes first. Installation of the remaingin ten (10) trees may be modified to include a drought tolerant tree variety subject to review and approval of the Planning Director prior to installation. The selected variety must provide similar or better screening from the neighboring properties. Grading Section Standard Conditions of Approval 1. This project shall comply with the current adopted Municipal Separate Storm Sewer Systems (MS4) Permit requirements at the time of construction www.CityofRC.us Printed:4/29/2015 Item E-92 STAFF REPORT ® PLANNING DEPARTMENT DATE: May 13, 2015 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, Planning Director BY: Tom Grahn, Acting Senior Planner SUBJECT:ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2014- 00546 — 7418 ARCHIBALD, LLC - A request to amend the General Plan land use designation from Low(L) Residential to High (H)Residential for 2.25 acres of land, located on the west side of Archibald Avenue, south of Base Line Road; APN: 0208-031=58 and 0208-031-59. Related Files: Design Review DRC2014-00545, Zoning Map Amendment DRC2014-00547, Development Agreement DRC2014-00610, Minor Exception DRC2014- 00713, and Tree Removal Permit DRC2015-00275. ENVIRONMENTAL ASSESSMENT AND ZONING MAP AMENDMENT DRC2014-00547 —7418 ARCHIBALD, LLC -A request to amend the Zoning Map from Low (L) Residential to High (H) Residential and to establish a Senior Housing Overlay Zoning District (SH)for 2.25 acres of land, located on the west side of Archibald Avenue, south of Base Line Road; APN: 0208-031-58 and 0208-031-59. Related Files: Design Review DRC2014-00545, General Plan Amendment DRC2014-00546, Development Agreement DRC2014-00610, Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275. • ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT DRC2014- 00610 - 7418 ARCHIBALD, LLC —A request for a Development Agreement between the City of Rancho Cucamonga and 7148 Archibald, LLC, 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; APN: 0208-031-58 and 0208-031-59. Related Files: Design Review DRC2014-00545, General Plan Amendment DRC2014- 00546, Zoning Map Amendment DRC2014-00547, Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2014-00545 - 7418 ARCHIBALD, LLC -A request 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), located on the west side of Archibald Avenue, south of Base Line Road; APN: 0208-031-58 and 0208-031-59: . Related Files: General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, Development Agreement DRC2014-00610, Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275. MINOR EXCEPTION DRC2014-00713 - 7418 ARCHIBALD, LLC - A request 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 of a proposed 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), located on the west side of Archibald Avenue, south of Base Line ® Road; APN: 0208-031-58 and 0208-031-59. Related Files: Design Review DRC2014- 00545, General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014- Item F—K1 PLANNING COMMISSION DRC2014-00545, DRC2014-00546, DRC2014-00547, DRC2014-00610, DRC2014-00713, AND DRC2015-00275—7418 ARCHIBALD, LLC May 13, 2015 Page 2 00547, Development Agreement DRC2014-00610, and Tree Removal Permit DRC2015- 00275. TREE REMOVAL PERMIT DRC2015-00275 - 7418 ARCHIBALD, LLC - A request to remove 14 trees, including 3 heritage trees, for the development of 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), located on the west side of Archibald Avenue, south of Base Line Road; APN: 0208-031-58 and 0208-031-59. Related Files: Design Review DRC2014-00545, General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, Development Agreement DRC2014-00610, and Minor Exception DRC2014-00713. RECOMMENDATION: Staff recommends-that the Planning Commission take the following actions: • Recommend that the City Council adopt the Mitigated Negative Declaration for the project; and • Adopt the attached Resolutions recommending that the City Council approve General Plan Map Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, and Development Agreement DRC2014-00610; and • Adopt the attached Resolutions approving Design Review DRC2014-00545,Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275 contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impacts and approval of the .General Plan Amendment, Zoning Map Amendment, and Development Agreement. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North Villa Pacifica Senior Apartments; High (H) Residential District/Senior Housing Overlay District (SHOD), and Archibald Library; Office Professional (OP) District South - First Baptist Church and vacant; Low (L) Residential District East - Single Family Residential; Low (L) Residential District West - Single Family Residential; Low (L) Residential District B. General Plan Designations: Project Site - Low Residential North - High Residential and Office South - Low Residential East - Low Residential West - Low Residential C. Site Characteristics: The 2.25 acre project site contains three buildings—a residence, a garage, and a small concrete block structure as well as two clusters of Queen Palm trees, miscellaneous mature landscaping, and a variety of citrus trees. The property to the north contains the Archibald Library and the existing Villa Pacifica senior apartments, the property to the south contains the First Baptist Church, and the property to the east and west contains single-family homes. Item F—K2 PLANNING COMMISSION DRC2014-00545, DRC2014-00546, DRC2014-00547, DRC2014-00610, DRC2014-00713, AND DRC2015-00275—7418 ARCHIBALD, LLC • May 13, 2015 Page 3 D. Parking Calculations: Number of Number of Number of Parking Spaces Spaces Type of Use Units Ratio Required Provided Senior Apartments 60 0.7 spaces per 42 60 unit See additional discussion regarding parking in Section D with respect to the Development Agreement and the Senior Housing Overlay District. ANALYSIS: A. Background: On November 11, 1995, the Planning Commission approved Development Review DR 95-22 for the Villa Pacifica senior apartment complex, which provided for the development of a 158-unit,three-story, senior housing project in the High(H)Residential District (24-30 dwelling units per acre) and Senior Housing Overlay Zoning District(SHOD), located on the south side of Base Line Road, west of Archibald Avenue. A related Development Agreement (DA 95-01) was approved by the City Council on December 20, 1995. Villa Pacifica was subsequently developed in the late 1990's and is located directly north of and adjacent to the proposed project site (Exhibit A). • B. Development Review DRC2014-00545: The application proposes the development of a 24,641 square foot, 60-unit, 3-story, senior apartment complex known as Villa Pacifica II." The 60- apartment units will include 48 one bedroom units (693 square feet each) and 12 two bedroom units (945 square feet each). Each residential unit is a fully functioning apartment, with complete living facilities. Centralized washer and dryer facilities are located on each floor of the complex. Elevator access is provided to the second and third floors. The lobby, administrative office, and 1,300 square foot community room are centrally located on the first floor (Exhibit E). Sixty parking spaces are provided for the complex at a ratio of 1 non-covered parking space for each apartment unit (Exhibit B). The project was designed to comply with all Development Code development standards including building setbacks, building height, parking, circulation, recreation, and landscape standards. The design of the project is a contemporary architectural style, yet still architecturally compatible with the design of the existing Villa Pacifica complex to the north. The proposed architectural design provides similar building massing and architectural features (i.e., stucco exterior, tile roof, balconies, etc.) as the existing Villa Pacifica; however, the architecture was revised to include a revised color scheme, additional accent material including a stacked stone wainscot and architectural reveals that break up large expanses of stucco (Exhibit G). Vehicle and pedestrian circulation for the complex was designed to physically connect with the existing Villa Pacifica complex. The perimeter wall along the south boundary of the Villa Pacifica site will be removed to maintain a visual connection between the two projects. A driveway and sidewalk connection will be provided at the northwest corner of the project site providing a direct link between Villa Pacifica and Villa Pacifica II; due to grade differences between the two ® adjacent projects additional sidewalk connections were not possible (Exhibit H). Item F-K3 PLANNING COMMISSION DRC2014-00545, DRC2014-00546, DRC2014-00547, DRC2014-00610, DRC2014-00713, AND DRC2015-00275—7418 ARCHIBALD, LLC May 13, 2015 Page 4 Requirements for recreation amenities are addressed in Development Code Section 17.36.010(E), which requires a total of four (4) amenities for the project. On-site amenities include 2 barbecue pavilions, a community garden area with 10 garden plots on the east side of the building, outdoor fitness stations on the west side of the building, as well as a 1/5th mile fitness loop (Exhibit 1). Combination garden and retaining walls up to 8 feet in height, measured from the mid-point of the retaining wall to the top of the garden wall will be installed along the west and south property line (Exhibit H). Because of the proximity of the site to the adjacent church to the south, staff encouraged the applicant to provide a shared driveway approach between the two properties (Exhibits B and C): Two alternatives to the shared driveway were proposed; a shared driveway with the entire driveway located on the project site (Exhibit B), and a shared driveway with the driveway centered over the shared property line (Exhibit C). Exhibit C is the preferred (and negotiated) alternative as it provides for a larger landscaped open space between the complex and the Archibald Avenue right-of-way. Although most plans in the applicant's submittal reflect the design shown in Exhibit B, the site will be developed. as provided in Exhibit C, and the existing northerly driveway accessing the church property will be removed and a shared driveway will be installed. A copy of the easement agreement between the church and the developer has been provided as Exhibit K. C. - General Plan Amendment---DRC2014-00546 and Zoning Map -Amendment DRC201.4- 00547: The requests propose to change the General Plan land use designation and Zoning Map land use district from Low (L) Residential (2-4 dwelling units per acre) to High (H) Residential (24-30 dwelling units per acre)for the entire 2.25 acre project site. The applicant is also requesting a Senior Housing Overlay District(SHOD) be applied to permit the development of a 60-unit senior housing apartment complex. Development Code standards establish that project areas less than 3.0 acres in size are limited to the low end of the density range. In the High Residential zone, 2.25 acres would permit a total of 54 multiple family units. With a density bonus (up to 25 percent) that can be authorized with a SHOD, the unit count could be as high as 67 units. The application proposes the development of a 60-unit apartment complex at a density of 26.6 dwelling units per acre. Existing Land Use Designations: The project site is currently located within the Low (L) Residential General Plan land use designation and Zoning Map land use district. Under the existing Low (L) Residential component, the 2.25 acre project site could support the development of 4 to 9 single family homes, but the ultimate number of homes would be limited by the need to install right-of-way improvements. The current designation does not permit the development of multiple family units on the project site. Appropriateness of Proposed Land Use Designations: The project site is proposed to be located within the High (H) Residential General Plan land use designation and Zoning Map land use district. These designations will be consistent with the existing High (H) Residential and Office General Plan land use designations to the north and complementary to the existing Low (L) Residential General Plan land use designations to the south, east, and west. The proposed High (H) Residential district is complementary to the existing adjacent Low (L) Residential district as both land uses permit residential development, one more intensive than the other, and thereby functioning as a buffer between the lower density residential land uses to the south and the higher intensity office uses to the north. In the proposed High (H) Residential zone, the Item F—K4 PLANNING COMMISSION DRC2014-00545, DRC2014-00546, DRC2014-00547, DRC2014-00610, DRC2014-00713, AND DRC2015-00275 —7418 ARCHIBALD, LLC • May 13, 2015 Page 5 2.25 acre project site could support the development of 54 multiple family dwelling units. Because the site is under 3.0 acres in size development would be restricted to the low end of the land use density range at 24 units per acre, without a density bonus. In addition, a Senior Housing Overlay District (SHOD) is also proposed to facilitate the construction of affordable senior rental housing units. A SHOD may be applied in combination with a residential district. D. Development Agreement DRC2014-00610 and Senior Housing Overlay District: In accordance with the requirements of the Senior Housing Overlay District (SHOD), the applicant has requested the approval of Development Agreement (Attachment A to the Draft Development Agreement Resolution for DRC2014-00610). The proposed agreement locks in the rental rates, tenant qualification criteria, and the term of affordability and describe development incentives being applied to the project. The following table shows how the project is qualified to take advantage of specific development incentives: SHOD Requirements Proposed Project Target Population 55 years or older 62 years or older . Income Individual or couple with an annual All units will comply; in addition, at Restrictions/Rental income below 80% of the median least 6 will be for Extremely Low Rates income for persons or families within Income tenants; at least 12 units • San Bernardino County as defined by will be for Low Income tenants HUD (40% of median); and at least 11 units will be for Very Low Income tenants. Qualifications Appropriate zoning; "High" residential zoning allows for Compatible living environment (quiet senior apartments; area); The area is generally quiet with no Adequate infrastructure (streets, unusual uses; sidewalks, traffic/pedestrian signals); The site is adjacent to fully Level topography; and, developed arterial streets with Proximity to shopping, services, adequate pedestrian facilities; transit, and open space. The site is generally flat and a number of accessible walkways will be provided; The site is within walking distance of various services at the intersection of Base Line Road and Archibald Avenue, directly north of the proposed project site. The nearest park, Lions Park at 9161 Base Line Road, is located approximately 1/2 mile from the ro'ect site. Term of Affordability 30 years 55 years Development Code Section 17.38.010(F) provides for the consideration of specific ® Development Incentives in order to reduce the development costs associated with the construction of housing oriented toward senior citizens of low and moderate income. The proposed incentives are discussed below: Item F—K5 PLANNING COMMISSION DRC2014-00545, DRC2014-00546, DRC2014-00547, DRC2014-00610, DRC2014-00713, AND DRC2015-00275—7418 ARCHIBALD, LLC May 13, 2015 Page 6 1. Reduction in On-Site Parking. For typical multiple-family residential developments, the Development Code would require 1.5 parking spaces for each 1 bedroom unit, plus 2 parking spaces for each 2 bedroom unit, plus 1 visitor parking space for each 3 units. Additionally, for each unit type 1, required parking space must be in a garage or carport. This would have required 116 on-site parking spaces based on the following table: Unit Type Spaces Units Required Parkin 1 Bedroom 1.5 spaces per unit 48 72 2 Bedroom 2.0 spaces per unit 12 24 Guest 1 per 3 units 60 20 Total 116 However, the Senior Housing Overlay District allows 0.7 non-covered parking spaces per unit, or 42 total on-site parking spaces. The applicant is proposing to provide 60 non-covered parking spaces, which exceeds the 0.7 parking spaces per unit. The parking space requirement for senior apartments applies regardless of the number of bedrooms per unit or the guest parking space requirement. The reduction in parking spaces is determined to be adequate as not all tenants have vehicles, or drive, and the SHOD criteria requires units to be in close proximity to commercial, professional, and recreational services. 2. Dwelling Unit Density Bonus. In order to maximize net yield per acre, an increase in the allowable project density may be permitted by either granting up to a twenty-five (25%) density bonus to the project site's existing density category, or by granting a request for a change in density range (per the City's General Plan), or both depending on the quality, size, nature, and scope of the project. The applicant submitted a General Plan Amendment application to change the General Plan land use designation from Low Residential (4-8 du/ac) to High Residential (24-30 du/ac) and requested a density bonus above the base density range to increase the project density from a maximum of 24 dwelling units per acre to 26.6 dwelling units per acre. The maximum allowable density for the project site, including the base density plus the density bonus is 30 dwelling units per acre. 3. Fee Waivers/Reductions. Projects submitted under the Senior Housing Overlay District may receive, depending upon their size, nature, and scope, a reduction or waiver of some or all City-imposed development submittal and processing fees. The applicant has not requested a fee waiver or fee reduction as part of their Development Agreement. E. Minor Exception DRC2014-00713: The project also includes an application for up to 8-foot high walls (2 feet of retaining and 6 feet of garden wall) along the west and south project boundary. The additional wall height is necessary because of up to a 2-foot grade difference at the subject locations. There is an existing wood fence along the west project boundary and an existing chain link fence along the south project boundary. The wood and chain link fences may be removed and replaced with an 8-foot high precision block wall with a stucco finish and decorative cap. The stucco finish will be painted to match the building. The project perimeter Item F—K6 PLANNING COMMISSION DRC2014-00545, DRC2014-00546, DRC2014-00547, DRC2014-00610, DRC2014-00713, AND DRC2015-00275—7418 ARCHIBALD, LLC May 13, 2015 Page 7 wall will be constructed on the project site; conditions of approval require the applicant to work with adjacent property owners and eliminate any double wall conditions. The findings of fact below support the necessary findings, which are required by the City's Development Code. Fact: The Minor Exception is consistent with the General Plan or any applicable specific plan or Development Agreement. Finding: The proposed wall height increase is necessary due to a grade difference between the project site and existing adjacent properties and is consistent with the residential nature of the Development District in which the project site is located. The additional wall height will provide privacy and security between the adjacent yard areas and neighboring project sites. Fact: The proposed development is compatible with existing and proposed land uses in the surrounding area. Finding: The proposed project is compatible with the surrounding land uses as the project site is within the existing Low (L) Residential District and proposed High (H) Residential District, which will permit the development of multi-family residential structures. Additionally, there are residential developments to the north (Villa Pacifica Senior Apartments), west (existing single- family residential), and east across Archibald Avenue (existing single-family residential). Combination retaining and garden wall heights over 6 feet are common where there is a grade • difference between project sites and neighboring properties. Fact: The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. Finding: There is an approximately 2-foot grade difference between adjacent properties and the project site, with the property to the west approximately 2 feet higher than the project site and the project site approximately 2 feet higher than the property to the south. The additional wall height along the west property line will allow adjacent residential properties to secure their private yard areas with a minimum 6-foot high wall. The additional wall height along the south property line will allow the applicant to maintain a minimum 6-foot high wall between the adjacent land uses. Fact: The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to public health, safety or welfare or materially injurious properties or improvements in the vicinity. Finding: The approval of a Minor Exception is appropriate for proposed wall height increases that would ensure privacy for both properties when there is a minor grade difference between adjacent properties. F. Tree Removal Permit DRC2015-00275: The applicant has submitted a Tree Removal Permit • application requesting the removal of fourteen (14). trees in order to accommodate the development of the project site. Two clusters of Queen Palms are also located on the project site and are proposed for removal; however, Section 17.16.080(E) identifies that trees planted, Item F—K7 PLANNING COMMISSION DRC2014-00545, DRC2014-00546, DRC2014-00547, DRC2014-00610, DRC2014-00713, AND DRC2015-00275—7418 ARCHIBALD, LLC May 13, 2015 Page 8 grown, and/or held for sale by licensed nurseries and/or tree farms ..." are exempt from Tree Removal Permit requirements. There are fourteen (14) trees located on the project site, three (3) of which are heritage trees as defined in Section 17.16.080(C) of the Rancho Cucamonga Development. Code. The heritage trees include one (1) Coast Live Oak (Quercus argifolia) and two (2) Cork Oak (Quercus suber) trees. The non-heritage trees include a variety of fruit and nut bearing trees and other trees not meeting the minimum height and diameter requirements of the Development Code. The applicant submitted an Arborist Report, prepared by Glenn Lukos Associates, February 27, 2015, which identifies that although the three (3) heritage trees are healthy, their location conflicts with the proposed building and associated site improvements, the trees are not suitable for preservation, and their removal will allow for the economic enjoyment of the property. The landscape plan demonstrates the three (3) heritage trees.removed as part of this project will be replaced in kind with a minimum of three (3) 24-inch box size trees. The replacement trees will be in addition to the trees that are required by the Development Code for new residential development. Additionally, two (2) non-heritage trees will be removed along the southern boundary of the Villa Pacific complex boundary to accommodate the driveway connection between the two projects. These 2 trees were planted as conditions of approval for the project and will be conditioned for - replacement on the Villa Pacifica site on a one-for-one basis and at a minimum 15-gallon size tree. G. Neighborhood Meeting: A neighborhood meeting was conducted to gather input and comments from the owners of'the surrounding properties within 660 feet of the project site. This meeting was held in the Villa Pacifica Community Room on November 17, 2014. One property owner from the surrounding community attended. The applicant presented the proposed project and no specific objections were raised. The attendee did question the design of the proposed driveway connection in the northwest corner of the project site, between the proposed project and the existing Villa Pacifica development, and if any trees at the location were to be removed. Staff determined that the only trees to be removed at that location are those that conflict with the driveway improvements and that the.majority of the existing trees at this location were to remain in place. H. Design Review Committee: The project was reviewed by the Design Review Committee (Oaxaca, Fletcher, and Granger) on March 3, 2015. The Committee approved the project as presented. I. Technical Review Committee: The project was reviewed by the Technical Review Committee on March 3, 2015. The Committee approved the project as presented. J. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, 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 Item F—K8 PLANNING COMMISSION DRC2014-00545, DRC2014-00546, DRC2014-00547, DRC2014-00610, DRC2014-00713, AND DRC2015-00275—7418 ARCHIBALD, LLC • May 13, 2015 Page 9 Declaration was prepared. Thereafter, 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 plus radius of the project site. Staff has not received any comments regarding the proposed project. Respectfully submitted, Candyce urnett Planning Director CB:TG/Is Attachments: Exhibit A - Site Utilization Map Exhibit B - Site Plan Exhibit C - Alternate Driveway Proposal Exhibit D - Concept Master Plan Exhibit E - Floor Plan Exhibit F - Roof Plan Exhibit G - Elevations Exhibit H - Grading Plan Exhibit I - Landscape Plan Exhibit J - Design Review Committee Action, March 3, 2015 Exhibit K - Driveway Agreement Exhibit L - Initial Study Part I, II, and III Draft Resolution Recommending Approval of General Plan Map Amendment DRC2014-00546 Draft Resolution Recommending Approval of Zoning Map Amendment DRC2014- 00547 Draft Resolution Recommending Approval of Development Agreement DRC2014- 00610/Draft Development Agreement Draft Resolution of Approval for Design Review DRC2014-00545 Draft Resolution of Approval for Tree Removal Permit DRC2014-00713 Draft Resolution of Approval for Minor Exception DRC2015-00275 Item F—K9 AV • Ij�l n ni.0 N ►' .?fir �/-yS� r�{`r� EXISTING Eli �. 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SECTION ARCHBALD AVE TYP. SECTION ., ^ 0 W811ACiwCIA® a GUTM r moron®OI1NY AFFROAA4 v � . ,, � PCZ 1 _,— BASELINE AVENUE ~— — fi i I uaaner i u � a iy v1u PACIfIG i I I I Aw I Ile ri 21 tiJ u - I t s k -ISO! �--Jif la 1 � - 1. -1 a �B Ez I I By-I I i F�N511 BAPTISTCHUFCl1 � � ' b bwkM W W ar.m.u.0 a a ' j m � I Ott— t 11 1 .w � PROJECT BENCHMRRI( fIRSI BAPIISfICHURCH\/ •.,a �i I V ` t =—= ��`=+�=�• ^^'^"=""°' _SHARED ACCESS ALTERNATE M - - �..«. - A 1— I zw M . _.• - UFIC.o .. Z O • w Q W0 to 2 Ir RuvIK..E—1...p., Q A (n2 '311 w _N1-11 �� ,.: ,..;rF » v,-, ti� >^a y0U9Fk" f s 1 zl l 1 LANDSCAPE CONCEPT VILLA PACIFICA 11 THE KEY DESIGN FEATURES OF THE OPEN SPACE AND LANDSCAPE ARE TO CREATE BUILDING FOOTPRINT 24,641 sf AS MANY OUTDOOR USABLE SPACES AS POSSIBLE WHILE USING WATER WISE AND PERIMETER LANDSCAPE 7,3&5 sl (all sollscape between parking and south an west walls) DROUGHT TOLERANT LANDSCAPE PLANTS AND MATERIALS.A 4'WIDE ADA ENTRY ISLAND 295 sf it ACCESSIBLE PATHWAY SURROUNDS THE BUILDING PROVIDING A 1/5 MILE LOOP INTERIOR LANDSCAPE AREA 24,874 sf WHICH WILL TAKE THE RESIDENTS THROUGH A SENSORY GARDEN A FITNESS TRAIL, TOTAL LANDSCAPE AREA 32.654s( (All soflscape areas includes dry streams) TWO BARBECUE PAVILIONS PAST NUMEROUS SEATING AREAS AND BENCHES, TOTAL INTERIOR AREA 59,354 sf (All areas inside the parking lot add north wall) e AROUND COMMUNITY GARDEN PLOTS AND A COMMUNITY LAWN SPACE. HARDSCAPE AREA 10,239 sf (includes walkways 1/5M mile loop,community plaza,BBD,8 fitness trail)106 sf cnocxee by vuc THE FRONT EDGE OF THE PROJECT ALONG ARCHIBALD,AND MOST OF THE PARKING AND TRASH ENC 31, amwnby. FOL SURROUNDING LANDSCAPE WILL BE PLANTED IN A LOW WATER-USE XERISCAPE BUILDING 24.641 at 25.01% n.teusued 02y021t5 PLANTING WITH GROUPINGS OF PLANTS THAT ARE SEPARATED WITH OPEN AREAS OF LANDSCAPE 32,554 sf 33.04% pb numb..3513 DECOMPOSED GRANITE AND GRAVELS.THESES AREAS WILL BE WATERED WITH A HARDSCAPE 10.239 at 10.39% COMBINATION OF DRIP EMITTERS AND DRIPLINE IRRIGATION,WHICH WILL ALL BE PARKING AND TRASH ENC 31.106 at 31S7% CONTROLLED BY AN ET BASED IRRIGATION CONTROLLER. TOTAL AREA 98,540 sf 100,00% THE DRY STREAM BED WILL ACTUALLY BE A FUNCTIONING COMPONENT OF THE DRAINAGE SYSTEM ALLOWING PLANTS TO SPREAD AND GROW THE COBBLE LINED COMMUNITY OPEN SPACE 34,713 sf 35.23% STREAM BED WILL KEEP THE DRAINAGE AND FLOW LINES CLEAR AROUND THE (TOTAL INTERIOR AREA-BUILDING FOOTPRINT) BUILDING. 59,354 at-24,641 sf=34,713 at his open space is Composed of:1/5th mile loop,BBC pavilions,fitness course,yoga patio, i W community garden plots,seating elements,community lawn,Buffer landscape,and community plazaRaumatin g Q 0 CL EXAMPLES OF DRY STREAM BEDS RERISCAPE PLANTINGS COMMUNITYGARDEN FITNESS EQUIPMENT WALKING YOGA PATIO BARBECUE PAVILION d0 W w A '00 Z< O 3-J y` L-1 DESIGN REVIEW COMMENTS 7.00 p.m. Tom Grahn March 3, 2015 DESIGN REVIEW DRC2014-00545 - C&C DEVELOPMENT - The request to develop a 60-unit, three-story senior apartment complex on 2.25 acres of land within the Low (L) Residential District (2-4 dwelling units per acre) (the associated General Plan Amendment and Zoning Map Amendment applications propose the High (H) Residential District (24-30 dwelling units per acre) and the Zoning Map Amendment also proposes establishing the Senior Housing Overlay Zoning District(SH) on the project site), located on the west side of Archibald Avenue, south of Base Line Road -APN: 0208-031-58 and 0208-031-59. Related files: Development Agreement DRC2014- 00610, CEQA Review CEQA2014-00008, General Plan Amendment DRC2014-00546, and Zoning Map Amendment DRC2014-00547. Design Parameters: On November 11, 1995, the Planning Commission approved Development Review DR 95-22 for the development of a 158-unit, three-story, senior housing project within the High (H) Residential District(24-30 dwelling units per acre), located on the south side of Base Line Road, west of Archibald Avenue. This complex was subsequently developed in the mid to late 1990s. The current project site is located on the west side of Archibald Avenue, south of Base Line Road. The property to the north includes the Archibald Library in the Office Professional (OP) District and the existing Villa Pacifica Senior Apartment complex in the High (H) Residential District and Senior Housing Overlay Zoning District (SHOZD). The property to the south contains a church • within the Low (L) Residential District, and the property to the east and west contain existing single-family residences within the Low (L) Residential District. The project was designed to be compatible with and connect to the existing Villa Pacifica complex to the north. The design of the building has a similar building massing; however, the project architecture has been revised to include additional accent material. Additionally, the project was designed to physically connect with the existing Villa Pacifica complex through the connection of the project driveway at the western edge of the project site, various sidewalk connections along the projects northern boundary, and through the removal of the existing wall along the south boundary of the existing Villa Pacifica complex. Staff has encouraged the applicant to establish a shared driveway approach with the adjacent church property to the south. Although this agreement has not yet been finalized, the site plan does identify a shared driveway both entirely within the project site and an alternative design shared between the two properties. Staff Comments: Major Issues: The following design issues will be the focus of Committee discussion regarding this project: • EXHIBIT J F—K23 _ . _ ... . - -._ .. -. ....... - DRC ACTION AGENDA DRC2014-00545—C&C DEVELOPMENT March 3, 2015 Page 2 1. The applicant worked with staff during the initial review of the project to incorporate recommended design modifications to the project architecture; consequently, there,are no major design issues to address. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. There are no secondary design issues. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 1. The Senior Housing Overlay Zoning District allows the City to grant a developer various development incentives in order to reduce development costs associated with the construction of housing oriented toward senior citizens of low and moderate income. Development incentives can include a reduction in on-site parking, a density bonus, and various fee waivers/reductions. 2. The applicant submitted a Development Agreement that in addition to establishing occupancy criteria, identifies two development incentives. This includes: a. Density Bonus: A request to increase the maximum project density from 24 dwelling units per acre to a maximum of 26.6 dwelling units per acre. On larger parcels a project within the High Residential District is permitted a density range from 24 to 30 dwelling units per acre. Projects under 3 acres in size are restricted to developing at the lower end of the density range, which limits the permitted density to 24 dwelling units per acre. b. Recreational Amenities: A request to duplicate recreational amenities in order to fulfill the total number of recreational amenities for the project. Developments under 100 units are required to provide 4 recreational amenities including, 1) large lawn area, 2)enclosed tot lot, 3)spa or pool, and 4) barbecue facilities. The applicant is proposing to duplicate amenities including 2 large lawn areas and 2 barbecue facilities. Staff Recommendation: Staff recommends the Committee recommend approval of Design Review DRC2014-00545. Design Review Committee Action: The project was approved as presented. Members Present: Fletcher, Oaxaca, and Smith . Staff Planner: Tom Grahn Item F—K24 AGREEMENT TO ENTER INTO AN EASEMENT AGREEMENT This Agreement to Enter into an Easement(this "Agreement")is made as of February,-Zi; 2015,by and between.7418 Archibald,LLC,a California limited liability company ("7418"), and the First Baptist Church of Rancho Cucamonga,California,a California corporation(the "Church")(individually a'Party" and collectively referred to as the"Parties"),with reference to the following facts: RECITALS A. 7419 is under-contract to purchase and deveiopr real-property in Rancho Cucamonga,California(the "7418 Property"), into the Villa Pacifica.H Apartments,consisting of approximately 60 apartment units,a community room and office building and related improvements for seniors. 7418 is under contract to purchase the 7418 Property where the development is to take place and as is more particularly described in the attached Exhibit A. B. The Church owns real property in Rancho Cucamonga,California(the "Church Property")which is adjacent to the 7418 Property. The Church Property is more particularly described in Exhibit B. - • C. The City of Rancho Cucamonga is requiring 7418 and the Church to enter into an easement agreement for a shared driveway as a condition of the construction of the Villa Pacifica H Apartments on the 7-419 Property. D. The Parties desire the construction of the Villa Pacifica II Apartments as a needed resource for seniors in the community and, to facilitate construction of the Villa Pacifica U Apartments, desire to enter into a Reciprocal Easement,Maintenance and Use Agreement for egress and ingress since the shared driveway is to be located on both the 7418 Property and the Church Property,in substantially the form set forth in Exhibit C("REA"). NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement,7418 and the Church agree as follows: 1. Enta-imv REA. The Parties agree to enter,into the REA at the time that 74-18 gr- its assign acquires the 7418 Property and closes on the construction financing for the construction of the Villa Pacifica H Apartments on the 7418 Property. 2. Assignment. 7418 has the right to assign its rights and interests in the Agreement to a to-be-formed limited partnership that will own the 7418 Property and develop and construct the Villa Pacifica 11 Apartments without the consent of'the Church. Prior to any assignment,the Church shall be notified in writing of the name, address,and contact information of the assignee • 1 EXHIBIT K Item F—K25 of this Agreement. This Agreement shall be binding and take full force and effect on all persons, entities,corporations and/or partnerships who have been assigned this Agreement. 3. Remedies. If there is a material breach of any provision of this Agreement,a non- breaching Party may.serve written notice of the breach on the breaching Party. If the breach is not cured within thirty(30)days following receipt of the notice of breach(or such longer period as is reasonably necessary to remedy such breach,provided that the breaching Party shall continuously and diligently pursue such remedy at all times until such breach is cured),the non- breaching Party may bring an action for damages or an action for specific performance or injunction to compel the breaching party to cure the breach. The breach of this Agreement shall not entitle any Party to cancel,rescind,or otherwise terminate this Agreement. The failure to insist upon the strict performance of any provision of this Agreement simii not-be construed as a waiver of any-breach of this Agreement 4. Miscellaneous Provisions. (a) Notices. Formal notices,demands and communications among the Parties shall be sufficiently given if,and shall not be deemed given unless,dispatched by certified mail, return receipt requested;or express delivery service with a delivery receipt,to the principal offices of the Parties as follows: 7418: 7418 Archibald,LLC c/o Orange Housing Development Corporation 414 E. Chapman Avenue Orange,CA 92866 Attn: Chief Executive Officer Church: First Baptist Church of Rancho Cucamonga,California 7450 Archibald Avenue Ramcho Caeamonga,CA 9.1-730- Attn: Bill Williams Notices shall be deemed received.as of the date delivered or delivery was refused as shown on the return receipt. The foregoing addresses may be changed by notice given as provided in this Agreement. Each Parry shall promptly notify each of the other Parties of any change in its address as last disclosed. (b) Counterparts. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original,and all of which taken together shall constitute this Agreement. 2 1076USIL576238.5 Item F—K26 (c) Legal Actions. If any legal action is brought to interpret or enforce the terms of this Agreement,the prevailing party shall be entitled to recover against the party not prevailing, all-reasonable costs,including attorneys' fees,incurred in the action. (d) Exhibits. Any and all Exhibits referred in this Agreement are incorporated in this Agreement. (e). Successors and Assigns. This Agreement shall be binding.upon,and shall inure to the benefit of,the parties hereto and their successors and assigns. (f) Amendments. This Agreement may be amended or modified only by a written instrument executed by the Parties. (g) Venue and Atmlicable Law: This Agreement shalt be governed, construed,and interpreted in accordance with the laws of the State of California,and the Parties shall submit to the jurisdiction of and venue in the courts of the State of California in San Bernardino County in any legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement. (h) Third Party Beneficiary Rights. This Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party to this Agreement. ® (i) Waiver. No waiver of any of the provisions of this Agreement shall be deemed,or shall constitute a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver. (j) Interpretation. If any tern or provision of this Agreement shall,to any extent,be invalid or unenforceable under applicable law,then the remaining terns and provisions of this Agreement shall not be affected, and each such remaining term and provision shall be valid and enforced to the fullest extent permitted by applicable law. (k) Joint and Several Obligations. In the event any Party is composed of more than one person or entity,the obligations of such Party shall be joint and several. (1) Entire Agreement. This Agreement contains the entire agreement between the Parties relating to the rights granted and the obligations hereunder assumed. Any oral representations or modification concerning this Agreement shall be of no force and effect excepting a subsequent modification in writing signed by all Parties. Signatures on Following Page • 3 1076\5511576238.5 Item F—K27 WHEREFORE the Parties have executed this Agreement as of the date first written above. 7418: CHURCH: 7418 ARCHIBALD LLC,a California FIRST BAPTIST CHURCH OF RANCHO limited liability company CUCAMONGA,CALIFORNIA,a California corporation By: Orange Housing Development. Corporation, a California nonprofit corporation,its member By: .�G�.�' Its: By: Name: r.-t ��y�•-�r Eunice Bobert Chief:Executive-Officer By:- Its: By: C&C Development Co.,LLC, a Name: California limited liability company, its member By:- — Todd R. Cottle, its member By: The Cottle Family Trust Dated 3/8/1987,its member By: n� A. C e,Trustee 4 1(►.7.E��11�7b2�$.� Item F—K28 - ® EXHIBIT A LEGAL DESCRIPP'P N'OF'74tt PROPERTY 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 1, 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 WW5511576238.5 —K29 Item F _ EXHIBIT B LEGAL DESCRIPTION OF CERJRCH PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: The South 275 feet of the North 435 feet of the South % of Lot 1, Section 3,Township 1 South, Range 7 West, SAN BERNARDINO BASE AND MERIDIAN,according to Map of Cucamonga Lands,as per plat recorded in Book 4 of Maps,page 9,records of said County. APN: 0208-031-72-0-000 B-1 1076155N1576238.5 Item F—K30 _ _ • EXHIBIT C FORM OF ILEA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: c/o Orange Housing Development Corporation 414 E. Chapman Avenue Orange,CA 92866 Attn: Chief Executive Officer (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RECtFROOAL EASEMENT, -USE AGREtMENT ( This Reciprocal Easement,Maintenance and Use Agreement(this "Agreement")is made as of ,2015,by and between .a California limited partnership VPI7")>:and-Fi_rst:B_apbat.Cburch QfFai3d-Q Cucamonga,Cal:ifarni.a a.Cal>.fQmia.corpQmtiQn_ (the "Church")(collectively referred to herein as the 'Parties"),with reference to the following facts: • RECITALS A. VPII owns the real property in Rancho Cucamonga,California("VPII Property"), which is intended to be developed into approximately 60 apartment units,a community room and office building and related improvements for seniors. The VPII Property is more particularly described in the attached Exhibit A- B. The Church owns the real property in Rancho Cucamonga,California(the "Church Property"), which is adjacent to the VPII Property and is developed as a church and related improvements. The Church Property is more particularly described in Exhibit B. C. VPII and the Church through this Agreement desire to grant and determine reciprocal access and certain utility easements on the VPII and Church Properties. NOW,THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement,the Parties agree as follows: Section 1. - Grant of Reciprocal Access Easement. The VPII Property and the Church Property will share a private driveway providing pedestrian and vehicular access from Archibald Avenue to the VPH and,Church Properties("Shared Access")as depicted on the site plan attached hereto as Exhibit C(the 'Reciprocal Access Easement"). VPII, for itself and its ® successors and assigns, as grantor,hereby grants to the Church and its successors and assigns as C-2 1076155\1576238.5 Item F—K31 grantees,appurtenant to and for the benefit of the Church Property,a non-exclusive reciprocal easement on the portion of the VPII Property included in the Reciprocal Access Easement for: (i)construction of the shared private driveway within the Reciprocal Access Easement; (ii)vehicular,pedestrian,bicycle and similar use and access by any person accessing the Church Property over the Reciprocal Access Easement;and(iii)access for purposes.of,and to the extent necessary for use,maintenance and repair of the shared driveway located in the Reciprocal Access Easement. The Church,for itself and its successors and assigns,as grantor,hereby grants to VPII,as owner of the VPH Property and its successors and assigns as grantees,appurtenant to and for the benefit of the VPH Property,a non-exclusive reciprocal easement in the portion of the Church Property included in the Reciprocal Access Easement for: (i)construction of the shared private driveway within the Reciprocal Access Easement;(ii)vehicular, pedestrian, bicycle and similar use and access by person accessing the VPII Property over the Reciprocal Access Easement;and(iii)access for purposes of,and to the extent necessary for use, maintenance and re*r ofthe shared driveway-located in the Reciprocal-Access-Eksement: The Parties agree that as part of the construction of the Shared Access Easement the existing driveways on each respective Property near the boundary with the other Property will be removed. Section 2. Grant of Drainage Easement. The Church, for itself and its successors and assigns,as grantor,hereby. grants to VPH,as owner of the VPH Property and its successors and assigns as grantees, appurtenant to and:for the benefit of the VFU Property,an easement in the portion of the Church Property included in the Reciprocal Access Easement for: (i)construction and use of storm drains for drainage from the VPH Property(the"Drainage Facilities");and(ii) access for purposes of, and to the extent necessary for,maintenance and repair of the Drainage Facilities. Section 3. Construction and Maintenance. VPII is responsible for construction and maintenance of the Shared Access and Drainage Facilities and will bear all costs to construct, repair and maintain the Shared Access and the Drainage Facilities,and will be fully responsible -to pay for any damage,including but not limited to the Church Property,its fixtures,belongings and any item that is damaged by any event stemming directly from or as a result of the Drainage Facilities Section 4. Financing. VPH and the Church may each encumber,mortgage or hypothecate the property it owns,respectively,with mortgages,deeds of trust,or other instruments secured by such Property. Any secured lender may enforce its security through foreclosure, deed in lieu of foreclosure or otherwise,without violation of this Agreement. No Party to this Agreement has any right to sell,mortgage,lien,lease or rent the other Party's property. Section 5. Property Management and Maintenance. All costs of management and maintenance for each Property owned by the Parties,shall be separately accounted for and paid by the-respective property owner and not as a shared expense; with the-exceoon the- maintenance required in accordance with the terms of this Agreement surrounding the Reciprocal Access Easement. C-3 1076\55\1576238.5 Item F—K32 • Section 6. Uses Prohibited No Party shall do or permit anything to be done in or on the easements described herein that will.in any way unreasonably obstruct or interfere with the rights of the tenants or occupants of the VPII'Property or the Church Property or use or allow the easements to be used for any unlawful or objectionable purpose. Section 7. Damage. Notwithstanding the other maintenance obligations herein, if VPII, its invitees, guests,contractors,employees,agents, successors and/or assigns, causes or is responsible for any damage to the Shared Access or Drainage Facilities, VPII shall promptly pay for all costs to repair and restore the Shared Access and Drainage Facilities to their condition immediately prior to the damage. Notwithstanding the other maintenance obligations herein,if the Church or its successors or assigns,causes or is responsible for any damage to the Shared Access or Drainage Facilities,the Church or its successors or assigns, shall promptly repair and restore the Shared Access and Drainage Facilities to their condition immediately prior to the da mage and-thie Church shall-pay 1or-the costs of such repair and restoration Section 8. Insurance Requirements. VPII and the Church shall maintain liability insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of their respective responsibilities as set forth in this Agreement. (a) Liability and Property Damage Insurance. VPII and the Church shall each keep in full force and effect a policy or policies of comprehensive general liability and property damage insurance against liability for bodily injury to or death of any person or property damage • arising out of an occurrence on or about its respective property. The limits of such insurance shall bei-not less than.One-1ltillion-Dollars($1;000;000)combined.single-limit for-bodily injury and property damage. (b) Workers'Compensation Insurance. VPII shall carry or cause to be carried workers'compensation insurance covering all persons employed in connection with construction and repair of the Shared Access or Drainage Facilities and with respect to whom death,bodily injury,or sickness insurance claims could be asserted against the Parties. Section 9. Remedies. If there is a breach of any provision of this Agreement, a non- breaching Party may serve written notice of the breach on the breaching Party. If the breach is not cured within thirty(30)days following receipt of the notice of breach,the non-breaching Party may take legal action. The breach of this Agreement shall not entitle any Party to cancel, rescind, or otherwise terminate this Agreement. The failure to insist upon the strict performance of any provision of this Agreement shall not be construed as a waiver of any breach of this Agreement. Section 10: No Public Dedication Nothing herein shall be deemed to be a gift-or- dedication of any portion of the easements to the general public or for any public purposes whatsoever. It is the intention of the Parties that this Agreement be strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of the easements or any portion thereof is by permission and subject to the mutual agreement of the ® C-4 107615511570238.5 Item F—K33 Parties. Notwithstanding anything to the contrary herein,the Parties may,by mutual written agreement,periodically restrict ingress and egress to and from any or all of the Shared Access and Drainage Facilities. Section 11. Subordination. All deeds of trust encumbering the VPII and Church Properties shall be subordinated to this Agreement. No violation of this Agreement shall defeat the lien of any deed of trust encumbering the VPII Property or the Church Property,regardless of whether such deed of trust is subordinate to this Agreement. Section 12. Covenant Running with the Land. This Agreement is to be considered as a covenant and equitable servitude running with and appurtenant to the VPII Property and the Church Property and for the mutual benefit of the owners of the VPII Property and the Church Property and their successors and assigns,and it is declared that if any sale or conveyance of either or both the VPII Property and the Church Property takes place,the new owners,assigns, successors and the like shall comply with the terms of this Agreement. Section 13. .Notices. Formal notices,demands and communications among the Parties shall be sufficiently given if, and shall not be deemed given unless,dispatched by certified mail, return receipt requested,or express delivery service with a delivery receipt, to the principal offices of the Parties as follows: VPII: - c/o Orange Housing Development Corporation 414 E. Chapman Avenue Orange,CA 92866 Attn: Chief Executive Officer Church: First Baptist Church of Rancho Cucamonga, California 7450 Archibald Avenue Rancho Cucamonga,CA 91730 Attn: Bill Williams Notices shall be deemed received as of the date delivered or delivery was refused as shown on the return receipt. The foregoing addressed may be change by notice given as provided in this Agreement. Each Party shall promptly notify each of the other Parties of any change in its address as last disclosed. Section 14. Counterparts. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original,and all of which taken together shall constitute this Agreement. Section 15. Legal Actions. If any legal action is brought to interpret or enforce the terms of this Agreement,the prevailing party shall be entitled to recover all reasonable costs, including attorneys' fees,incurred in the action. C-5 1076\55\1576238.5 Item F—K34 - Section 16. Exhibits. Any and all Exhibits referred to in this Agreement are incorporated in this Agreement by this reference. Section 17. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of,the parties hereto and their successors and assigns. Section 18. Amendments. This Agreement may be amended or modified only by a written instrument executed by the Parties. Section 19. Venue and Applicable Law. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of California, and the Parties shall submit to the jurisdiction of and venue in the courts of the State of California in San Bernardino County in any legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement. Section 20. Third Party Beneficiary Rights. This Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party to this Agreement. Section 21. Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver. • Section 22. Indemnity. VPII shall hold harmless, indemnify and defend the Church (and its respective partners, lenders, successors and assigns) from and against any and all actual liabilities and claims, arising from or related to the Church Property(tenant, licensee, invitee, employee, or guest)while accessing or using the Shared Access and Drainage Facilities, including,but not limited to,any damage to property. The indemnity shall cover the costs and expenses of the indemnified Party, including reasonable attorney's fees and costs related to any actions, suits or judgments incident to any of the matters covered by such indemnity. The Church shall provide written notice to VPII within ten(10)days after Church is aware of the occurrence of any event leading to a claim under this Section 22. Should an indemnifying Party fail to discharge or undertake to defend the indemnified Party against such liability within fifteen (15) days after learning of the same, then the indemnified Party may settle such liability, and the liability of such indemnifying Party hereunder shall be conclusively established by such settlement, the amount of such liability to include both the settlement consideration and the reasonable costs and expenses, including attorney's fees and costs, incurred by the indemnified Party in effecting such settlement. Section 23. Interpretation. If any term or provision of this Agreement shall, to any extent,be invalid or unenforceable under applicable law, then the remaining terms and provisions of this Agreement shall not be affected,and each such remaining term and provision shall be valid and enforced to the fullest extent permitted by applicable law. ® C-6 1076\55\1576238.5 Item F—K35 Section 24. Joint and Several Obligations. In the event any Party is composed of more than one person or entity,the obligations of such Party shall be joint and several. Section 25. Recordation. This Agreement shall be recorded in the office of the recorder of the County of San Bernardino. Section 26. Entire Agreement_ This Agreement contains the entire agreement between the Parties relating to the rights granted and the obligations hereunder assumed. Any oral representations or modification concerning this Agreement shall be of no force and effect excepting a subsequent modification in writing signed by all Parties. Signatures on Following Page C-7 1076155\1 576238.5 Item F—K36 ® WHEREFORE the Parties have executed this Agreement as of the date first written above. VPII: CHURCH: a California limited FIRST BAPTIST CHURCH OF RANCHO partnership CUCAMONGA, CALIFORNIA, a California corporation By: OHDC LLC,a California limited liability company, its managing By: general partner Its: Name: By: Orange Housing Development Corporation, its sole member By: By: Its: Eunice Bobert Name: Chief Executive Officer By: C&C LLC, a California limited liability company, its developer general - • partner By: The Cottle Family Trust dated 3/8/87, its member By: Barry Cottle Trustee By: Todd.R. Cottle, its member (attach notary acknowledgements) C-8 1076\55\1576238.5 Item F—K37 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On before me, 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. Name: . Notary Public C-9 1076\55\1 576238.5 Item F—K38. A notary public or other officer completing this certificate verifies only the • identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On before me, 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. Name: Notary Public ® C-10 1076\55\1576238.5 Item F—K39 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which.this certificate is attached,and not the truthfulness, accuracy,or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On before me, 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. Name: Notary Public C-11 1076\55\1576238.5 Item F—K40 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is ® attached, and not the truthfulness,accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On before me, 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. Name: Notary Public ® C-12 1076\55\1576338.5 Item F—K41 EXHIBIT A LEGAL DESCRIPTION OF VPII PROPERTY 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 1, 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 C-13 1076\55\1576238.5 Item F-K42 _ EXHIBIT B LEGAL DESCRIPTION OF CHURCH PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: The South 275 feet of the North 435 feet of the South %z of Lot 1, Section 3,Township 1 South, Range 7 West, SAN BERNARDINO BASE AND MERIDIAN, according to Map of Cucamonga Lands, as per plat recorded in Book 4 of Maps,page 9,records of said County. APN: 0208-031-72-0-000 ® C-14 1076\55\1 576238.5 Item F—K43 EXKMIT C SITE PLAN-RECIPROCAL ACCESS EASEMENT PACIFI II 00 � M v � � F J FFIRST BAPTISTit CHURCH f � SHARED ACCESS EXHIBIT C-15 1076\55\1576238.5 Item F—K44 - City of Rancho Cucamonga ® MITIGATED NEGATIVE DECLARATION G 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.: General Plan Amendment DRC2014-00546, Development Agreement DRC2014-00610, Development Review DRC2014-00545, Zoning Map Amendment DRC2014-00547. Public Review Period Closes: May 13, 2015 Project Name: Project Applicant: C & C DEVELOPMENT Project Location(also see attached map): Located on the west side of Archibald Avenue,south of Base Line Road at 7418 Archibald Avenue-APN: 0208-031-58 and 0208-031-59. Related files: Minor Exception DRC2014-00713 and Tree Removal Permit DRC2015-00275. Project Description: A proposal to amend the General Plan land use designation from Low (L) Residential to High (H) Residential, amend the Development Code zoning district from Low (L) Residential District to High (H) Residential District and Senior Housing Overlay Zoning District (SHOD), and enter into a Development Agreement for the purposes of constructing a 24,641 square foot, 60-unit, 3-story, senior apartment complex known as"Villa Pacifica." The application includes a request for a Minor Exception for a wall height increase along the west and south property lines • and a Tree Removal Permit to remove 14 existing trees on 2.25 acres of land. 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. • May 13, 2015 Date of Determination Adopted By EXHIBIT L Item F—K45 I HA PIAT a t 11G I ! j ANOII� I��IBJBDERS I I t SITE CONSTRUCTION NOTES jomow[ x.E �.EExu>tE.�.Ep„� -A I p M.w,ll\YaMMp1U19E J,xuaDPuww Yu[o.n mlx r D.aww.Y _ �-Z pa waT.ucl.Anow.F Tow..cE)n o[[Ea,E.w wwool.YF,u[E --- - .r--( ---I � 1 p,Aw4,rm.P[.[„•1,,,.[„x,xx,l wE..REuxtD'+%YF pw II ! I ; womas,!wuasaEEwmup pNClxP,f WapJ rYxlw,TN.waNaOF...�w earl I I aIgEFT PANN4Ex165EEOVEP,.w t / I I QIEw(JTY61aMNpIlm.E aCWN.W afF.laapw j ! • ; []IEwOnJ,.xo[Ip,AaN,Ex,amao:afFYip[<rPEpw J I -. _ - . _ ! : a �11 i�r I ® [6 NvtlF m[n YaFR.w Ou16Dfi[I.O:y [ma.wwGaEcl�G.l j ~y .. • 1 l� ►1 IC, � �_ > :yy h g ID - i1J �;� I, ► . I ! � 1 T f / ITI [., t _ PROJECT DATA — APPIICANT aaryrlEwrrlan4pnrnCuPwafion I SITE PLAN OPENMC MEIcaPmaooaPrNW( ypb\d I.tll\aYk[aD ' lJ.zol si m.,Plu9tR10 � � date baued _- . 1147MND)Ilo[d Cglle/kon MVIII •14[c ao,arasur[naxi i.w muYly r,l I hwNra ARc111T[cr W,Y1ti Nlw,r N,w ,a, — YOnebb.w,PAu,aID)a,• . Irm[[I W." rD M (A P. 1!Iw BNum PiVa.i 101d• 1!t[d Yrmr.G 9706 I iImTYarir�x:.�13"J s[szualu.IM Iwn\Abw.il 1 ,u,rrap fE® „NY PMECTADURESS )IM IIttNdWa Airxb u[a,lvr[,G I I kauv ]IIIJ YIS,a Ir\xE.aalTnl �[ Dapall-s[aDMa[t[ellllsY[ooY 1(ItN YPEN IAACE YRD, V [,YBISF SREAREA 1.lS ane IMPERVIDIIS AREA EI1611NGGEN►1AF1 lDw ll�W/A[nl u I I I flIK11M 7,_w NIISTY[GIOBERYADVED al-11 *?'T - nw fieYAN PRDPOSEDGENPSAN IIWII71-]OW/N,[I wuA exrlp14i E u<crwi.- E F OCCUPANct WIIDIHG AREA/YNR MM A-71Nw,max[.,rl/RllwxrlR lxAlr/E.xxxxnrvpxm,l Q F- CONSTRUC710NT'M VJIIMwu IlrrSplNk,N.NrPAI]RI PDOWJWr I Q 6'dN°.SNL _ 144wWs PLa^ ar uaTpuo u IBr4oun,—w!sF wEz fiimsf [D\mVExADE zaa.l[.K1w.«I iniT:;cculw ! f-- Y EMwm SISN IMfiF Izea 11 ZQ CmnuupDli. riMN - 111 EF iM 1c51.1,1fU/IY OF:nd1U/II.SL it 1111 :u -APT xASN[pnx 141.Sun 6!51 N_—_ tc)ef (ieeel A 1l IIW NI (IN1fi N1 aW a[[RIu,E[nT.r MnFpw IZ W � M D6 IDT.I[ q�[6i 1OlN R -61.R c, al[E uta,:xTiOx Pux O (/BJSO N( 1rnl MCI aM1I BUIIDINGARSAJYSNFNAIIDN G .:Oxc[Pt c[aDw pw a Du/AcaE 26.6114 DWN,..)OA SN Dm,nreawa•ne My N,rtlbweQ �, awuP Y,eaau.w:Fpw I I � �d APARTMENTEUKDIND ACCIfSIBUf UNITSmElpnw Srwd Yv4a 1DA•6wax R.aNxPr 1W[SM mrl PARKINl,a FAxa,F kxrxr CVxCF11 I ! Al G MGMMD u IY_xumF —A. old NW.Jble W,Buf3,V 7/0(IOY 60 Um,..).Y a GPEx v.CE auEallS Itlrinniv__. I (i[[Bo,ldryla lwlW NrJ Lp.KIaa WJAI �� L a[`aa�eliuNa],rWJ 1 le w f[4_Fs Al ml�pi[�p rronbN(eA A1N,raN[tlrl :sl klE,:GI airraw VICINITY MAP EPI NlE uaxna�PNIUYEl— — Print Form CITY OF RANCHO CUCAMONGA JUN 10 2014 ENVIRONMENTAL J� RECEIVED - PLANNING INFORMATION FORM (Part I - Initial Study) RANCHO (Please type or print clearly using ink. Use the tab key to move from one line to the next tine.) C;UCAMONGA Planning Department (909)477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to 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, additional information such as,but not limited to,traffic,noise, biological,drainage,and geological reports may be required. The project application will not be deemed complete unless the identified special.studies/reports are submitted for review and accepted as complete and adequate. The project application will not be scheduled for Committees' review unless all required reports are submitted and deemed complete for staff to prepare the Initial Study Part II 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.... • GENERAL INFORMATION: INCOMPLETEAPPLICA TIONS WILL NOT BE 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: Villa Pacifica II Name&Address of project owner(s): 7418 Archibald, LLC 14211 Yorba St., Suite 200 Tustin, CA 92780 Name&Address of developer or project sponsor. 7418 Archibald, LLC 14211 Yorba St., Suite 200 Tustin, CA 92780 • Updated 4/11/2013 Page 1 of 10 Item F-K47 Contact Person&Address: Todd Cottle 14211 Yorba St., Suite 200 Tustin, CA 92780 Name &Address of person preparing this form(if different from above): Telephone Number. 714 288-7600 x250 PROJECT INFORMATION & DESCRIPTION: Information indicated by an asterisk(')is not required of non-construction CUP's unless otherwise requested by staff. '1) Provide a full scale(8-1/2 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): It is located at 7418 Archibald Avenue near the southwest corner of the intersection of Base Line Road and Archibald Avenue. 4) Assessor's Parcel Numbers(attach additional sheet if necessary): 0208-031-58-000&0208-031-59-0000 'S) Gross Site Area(ac/sq.ft.): 2.27 Acres `6) Net Site Area(total site size minus area of public streets&proposed 2.25 Acres dedications): 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): The project is utilizing the Senior Housing Overlay. To accommodate the overlay,the project will need to undergo a general plan amendment, zone change and development district amendment. Updated 4/11/2013 Page 2 of 10 Item F—K48 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: The project will require a building permit that will allow for the construction of 60 senior housing units and all the necessary site work. 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.e.,geological and(or hydrologic studies,biotic and archeological surveys, traffic studies): The site is currently a single family lot. The topography of the site is generally flat with a slope towards Archibald. The soil stability is addressed in the soils report, but with the recommended site preparation, will be capable of accommodating the proposed building. There are some mature palm trees on the site. The existing drainage generally follows the existing topography. The site currently contains.3 structures, a garage, a small blockhouse, and a single family residence. The ® garage was constructed in 2010 and is in average condition. The single family residence was constructed prior to 1938 and is in average condition. The external facade of the builiding has been significantly modified over the years. The small blockhouse is in average condition. Sources of information include a Phase I report dated January 10, 2014 and a Soils report dated January 16, 2014. Updated 4/11/2013 Page 3 of 10 Item F—K49 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information(books,published reports and oral history): A Historical Study of the site is currently underway. 11) Describe any noise sources and their levels that now affect the site(aircraft,roadway noise,etc.)and how they will affect proposed uses: Vehicular noise from Archibald Avenue will be the primary source of community noise. The interior noise impact from the vehicular traffic will be mitigated according to the recommendations in the Noise Study dated May 29, 2014. With these mitigations, the project is expected to meet the City of Rancho Cucamonga's interior noise level standards for residential development 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: The project involves the demolition of the existing single family home and accessory structures and the construction of a new 60 unit affordable senior community. The project will be completed in 1 phase. 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,rear yard, etc.): North- 3 story, Affordable senior apartment community and a two story public library East-single story, Single family homes West-single story, Single family homes South-Church and vacant property Updated 4/11/2013 Page 4 of 10 Item F—K50 14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? The proposed project will not significantly alter the pattern, scale, or character of the • surrounding general area of the project. A similiar project in terms of scale and density is located adjacent to the proposed project. 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? The greatest amount of short term noise will be generated during the construction of the project. The noise produced during construction will be mitigated in accordance with the City of Rancho Cucamonga's construction policies. The long term noise generated by the project will generally come from the Project's internal roads. Based on the noise study, this traffic noise should be minimal. '16) Indicate proposed removals and/or replacements of mature or scenic trees: There are no scenic trees on the property. All of the existing palm trees will be removed. 17) Indicate any bodies of water(including domestic water supplies)into which the site drains: • The site drains through the following: Church Street Storm Drain, Hermosa/Foothill Storm Drain, Deer Creek Channel, Cucamonga Creek Channel, Mill Creek (Prado Area), Santa Ana River Reach 3, Prado Dam Basin. 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) 15,360 peak use1 5,360 (gaUDay) b. Commercial/Ind. (gai/day/ac) Peak use(gal/minlac) 19) Indicate proposed method of sewage disposal. ❑Septic Tank x0 Sewer. If septic tanks are proposed, attach 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 Valley Water District at(909) 987-2591. a. Residential(gal/day) 16,200 b. Commercial/Industrial(gal/day/ac) • Updated 4/11/2013 Page 5 of 10 Item F-K51 RESIDENTIAL PROJECTS: 20) Number of residential units:60 Detached(indicate range of parcel sizes,minimum lot size and maximum lot size: The 60 units will be located in one building on 1 lot. Unit sizes will range from 693-945 sf Attached(indicate whether units are rental or for sale units). Rental 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent(per month) $341 to $820 22) Specify number of bedrooms by unit type: 50 one-bedroom units 10 two-bedroom units 23) indicate anticipated household size by unit type: The maximum household size per unit is anticipated to be: 1 BR-3 persons 2BR-5 persons 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: 0 a. Elementary. 0 b. Junior High: 0 c. Senior High COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type of use(s)and major function(s)of commercial, industrial or institutional uses: Not Applicable Updated 4/11/2013 Page 6 of 10 Item..F-K52 . __ 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:1 Maximum Shift. Time of Maximum Shift: 29) Provide breakdown of anticipated job classifications,including wage and salary ranges,as well as an indication of the rate of hire for each classification(attach additional sheet if necessary): Property Manager-$35-40,000 30) Estimation of the number of workers to be hired that currently reside in the City: 1 potential "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 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. The Cucamonga Valley Water District was contacted in regards to their capacity to provide water, sewer, and fire flow services to the site. At this point, they do not see any issue in being able to provide the necessary services to the site. A flood control agency for this site is not applicable. Updated 4/11/2013 Page 7 of 10 Item F—K53 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 PCB's;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, it known. Small amounts of diesel fuel,oil, and gasoline for use in agricultural equipment have previously been stored on site. These items have been properly stored with no signs of leakage. 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 on the application plans. No 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 Commission/Planning Director hearing: 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 are 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: 6//0/I� Signature: Title: bt f Nvf. &A A?r Updated 4/11/2013 Page B of 10 Item F—K54 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 705 gallons per EDU per day Multi-Family 256 gallons per EDU per day Neighborhood Commercial 1000 gal/day/unit (tenant) .General Commercial 4082 gal/day/unit (tenant) Office Professional 973 gal/day/unit (tenant) Institutional/Government 6412 gal/day/unit (tenant) Industrial Park 1750 gal/day/unit (tenant) Large General Industrial 2020 gal/day/unit (tenant) Heavy Industrial (distribution) 1863 gal/day/unit (tenant) Sewer Flows Single-Family 270 gallons per EDU per day ® Multi-Family 190 gallons per EDU per day General Commercial 1900 gal/day/acre Office Professional 1900 gal/day/acre Institutional/Govemment Industrial Park 3000 gal/day/acre Large General Industrial 2020 gal/day/acre Heavy Industrial (distribution) 1863 gal/day/acre Source: Cucamonga Valley Water District Engineering & Water Resources Departments, Urban Water Management Plan 2000 • Updated 4/11/2013 Page 9 of 10 Item F—K55 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 Page 10 of 10 Item F—K56 City of Rancho Cucamonga ' ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014- 00547, Development Agreement DRC2014-00610, and Development Review DRC2014-00545 2. Related Files: Minor Exception DRC2014-00713 and Tree Removal Permit DRC2015-00275. 3. Description of Project: A proposal to amend the General Plan land use designation from Low(L) Residential to High (H) Residential, amend the Development Code zoning district from Low (L) Residential District to High (H) Residential District and Senior Housing Overlay Zoning District (SHOD), and enter into a DevelopmentAgreement for the purposes of constructing a 24,641 square foot, 60-unit, 3-story, senior apartment complex known as"Villa Pacifica." The application includes a request for a Minor Exception for a wall height increase along the west and south property lines and a Tree Removal Permit to remove 14 existing trees on 2.25 acres of land on the west side of Archibald Avenue, south of Base Line Road, located at 7418 Archibald Avenue APN: 0208-031-58 & 0208-031-59. . 4. Project Sponsor's Name and Address: 7418 Archibald Avenue, LLC ® 14211 Yorba Street, Suite 200 Tustin, CA 92780 5. General Plan Designation: Low Residential 6. Zoning: Low(L) Residential District 7. Surrounding Land Uses and Setting: The project site contains three buildings—a residence, a garage, and a small concrete block structure as well as two groves of Queen Palm trees, miscellaneous mature landscaping, and a variety of citrus trees. The property to the north contains the Archibald Library and the existing Villa Pacifica senior apartments, the property to the south contains the First Baptist Church, and the property to the east and west contains single-family homes. The property to the north is in the Office Professional(OP) District and High (H) Residential District/Senior Housing Overlay District(SHOD), and the properties to the south, east, and west are in the Low(L) Residential District. 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: Thomas Grahn, Acting Senior Planner City of Rancho Cucamonga Planning Department (909) 477-2750, ext. 4312 10. Other agencies whose approval is required: California Tax Credit Allocation Committee. Item F—K57 _ Initial Study for Design Review DRC2014-00545 City of Rancho Cucamonga General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547 Page 2 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 PM,o— 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 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 (✓) Greenhouse Gas Emissions ( ) 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 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 e ci this case because revisions in the project have been made by, or agreed to, Y the projec prop ent. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared By: 1 Date: 1 �� Reviewed By: Date: Rev 8-18-14 Item F—K58 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 3 • Less Than Significant Less Issues and Supporting Information Sources: Potentially wilt Than Significant Mitigation Significant No Impact incorporated Impact Im act EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on 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 Figure LU-6. Therefore, no adverse impacts are anticipated. • 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. Therefore, no adverse impacts are anticipated. C) The project site is located on the west side of Archibald Avenue, south of Base Line Road, and is characterized by the City Library and senior housing apartments to the north, the First Baptist Church to the south, and single-family development to the east and west. The proposed project is similar in scale and massing as the senior housing apartments to the north and the visual quality of the area will not be degraded as a result of this project. Design review and incorporation of established design guidelines 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. There, no adverse impacts are anticipated. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures require compliance 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. Therefore, no adverse impacts are anticipated. 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? Rev 8-18-14 _ Item F—K59 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 4 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 non-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 Archibald Avenue, south of Base Line Road, and is characterized by surrounding developments including the City Library and senior housing apartments to the north, the First Baptist Church to the south, and single- family homes to.the east and.west. The project proposes to amend the General Plan land use designation from Low (L) Residential to High (H) Residential and to amend the Development Code land use district from Low(L)Residential District to High(H)Residential District and Senior Housing Overlay Zoning District(SHOZD)to allow for the development of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land. 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 eastern parts 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. In addition, the proposed project is not located on a site that was designated for or contains farmland so no impacts to farmland would occur as a result of project implementation. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. Therefore, no adverse impacts are anticipated. c) There are no lands within the City of Rancho Cucamonga zoned as forest land 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 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 of the loss or conversion of forest Rev 8-18-14 Item F—K60 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 5 • Less Than Significant Less Issues and SU ortin Information Sources. FotentiWith Than PP g Significaantnt With Significant No Impact Incorporated Impact Impact land to non-forest use. Further, 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 project site is located on the west side of Archibald Avenue, south of Base Line Road, and is characterized by surrounding developments including the City Library and senior housing apartments to the north, the First Baptist Church to the south, and single-family homes to the east and west. Although the site currently contains two large groves of Queen Palms, the project site is not agricultural in nature. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land, and 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 ( ) (✓ ) ( ) ( ) 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 (Os), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), coarse particulate matter with a diameter or 10 microns or less (PM,o), fine particulate matter less than 2.5 (PM2.5) microns in diameter and lead. Among these pollutants, ozone and particulate matter(PM,o 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(H2S), 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 8-18-14 Item F—K61 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 6 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 in 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 contaminants, 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.$) 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, PM,o and PM2.s. 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 27, 2014) was prepared by Urban Crossroads 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) Proiect Impacts There will be minimal short term impacts related to the project. The project proposes to amend the General Plan land use designation from Low (L) Residential to High (H) Residential and to amend the Development Code land use district from Low(L) Residential District to High(H)Residential District and Senior Housing Overlay Zoning District(SHOZD) to allow for the development of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land. The project site currently contains an existing single family house, garage, out buildings and tree farm which will be removed for development of the proposed project. Rev 8-18-14 Item F—K62 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 7 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact Summary of Peak Construction Emissions (Emissions Summary of Overall Construction with Best Available Control Measures) Year Emissions(pounds per day) voC NOx CO sox PM10 PM2.5 2016 5.35 64.24 43.90 0.36 6.72 4.04 2017 6.80 33.96 27.10 0.05 2.91 2.14 Maximum Daily Emissions 6.80 64.24 43.90 0.36 6.72 4.04 SCAQMD Regional Threshold 75 100 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO i Construction activities associated with the project will result in emissions of CO, VOCs, NOx, SO., Mo and PM2.5 and are expected from the following construction activities:demolition, grading (including soil import), building construct, painting (architectural coatings) paving (curb, gutter,flatwork, and parking lot), and construction worker commuting. Localized Siqnificance Summary (Construction Emissions with Best Available Control Measures • I On-Site Grading Emissions Emissions(pounds per day) N0. CO PM10 PM2.5 Maximum Daily Emissions 138.81 23.28 4.63 3.22 SCAQMD Localized Threshold 170 1,232 6 5 Threshold Exceeded? NO j 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. 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 of activity, the specific operation and weather conditions at the time of construction. Construction emissions can vary greatly depending on the level of activity, the specific ® 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. Rev 8-18-14 Item F—K63 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 8 Less Than Significant Less Issues and Supporting Information Sources: PSignificgnifi ally With Than ant Mitigation Significant No Impact Incorporated Impact Impact Architectural Coatings Architectural coatings contain VOCs that are similar to ROCs and are part of the Oa precursors. The proposed project is the construction of a 24,641 square foot, 60-unit, 3- story, senior apartment building proposed for the project. Based on the proposed project, it is estimated that the proposed buildings will result in a maximum of approximately 6.80 lbs 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 lbs/day. 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 Occurrina 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. With implementation of the following Best Available Control Measures(BACM)as mitigation measures, the impact to short-term construction impacts will be less-than-significant: 1) All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph 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. 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 industry Rev 8-18-14 Item F—K64 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 9 ® Less Than Significant Less Issues and Supporting Information Sources: Potentially ant with Than Significant Mitigation Significant No Impact_Incorporated impact impact 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(O3), and Particulate Matter (PM2.5 and PM,c) 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. This project would amend the General Plan from Low Residential (2 to 4 du/ac) to High Residential(24 to 30 du/ac)to support the construction of a 60-unit senior housing complex. Based on the Air Quality Impact Analysis(May 27,2014), no short-term impacts would occur as a result of the project. Because the project would result in minimal emissions that do not exceed any thresholds of significance, the project's contribution to cumulative impacts is also considered minimal. 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, cumulative impacts will be less-than-significant: 4) 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. 5) 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. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 8) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • 9) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. Rev 8-18-14 Item F—K65 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 10 Less Than Significant Less Issues and Supporting Information Sources: Potentially Wrth Than Significant Mitigation Significant No Impact Incorporated Impact Impact 10) 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. 11) Reestablish ground cover on the construction site through seeding and watering. 12) Pave or apply gravel to any on-site haul roads. 13) Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. 14) Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. 15) Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. 16) 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 varydepending upon the time of year of construction. 17) Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. 18) Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 19) 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 PMio emissions, in accordance with SCAQMD Rule 403. 20) 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. Lona Term (Operational) Proiect 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 number of residential buildings in the project 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- site 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. Rev 8-18-14 Item F—K66 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 11 Less-Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Summary of Peak Operational Emissions Emissions(pounds per day) Operational Activities-Summer Scenario I voc I NO, CO So, PMPM1s 1�--..__.__.._... '----- j Area Source i 2.55 0.06 5.02 2.60e-4 0.11 0.11 Energy Source j 0.04 0.30 0.13 1.93e-3 0.02 0.02 Mobile i 0.73 2.14 8.67 0.02 1.53 0.43 Maximum Daily Emissions i 3.32 2.50 13.81 0.02 1.66 0.S6 SCAQMO Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO Emissions(pounds per day) Operational Activities-Winter Scenario VOC NO, CO 50, PM1 PM2s Area Source 1 2.55 0.06 5.02 2.60e-4 0.11 0.11 Energy Source 0.04 0.30 0.13 1.93e-3 0.02 0.02 Mobile. 0.75 2.25 8.50 0.02 1.530.43 Maximum Daily Emissions , 3.34 2.61 13.64 0.02 1.66 0.56 SCAQMO Regional Threshold 155 55 550 150 150 55 Threshold Exceeded? NO NO NO NO .. .. NO NO Cumulative Impacts(Long Term/Operational Emissions) Operational Activity Emissions(pounds per day) NO, CO PM10 PM1.5 Maximum Daily Emissions 0.47 5.56 0.20 0.15 I SCAQMD Localized Threshold 170 1,232 12 2 Threshold Exceeded? NO NO NO NO The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build out of the City. 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 4.3-3 of the General Plan FPEIR; therefore, would all be cumulatively significant 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. This project would amend the General Plan from Low Residential (2 to 4 du/ac) to High Residential(24 to 30 du/ac)to support the construction of a 60-unit senior housing complex. Based on the Air Quality Impact Analysis(May 27, 2014), no long-term, operational impacts would occur as a result of the project. Because the project would result in minimal emissions that do not exceed any thresholds of significance, the project's contribution to cumulative impacts is also considered minimal. 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, cumulative impacts will be less-than-significant: Rev 8-18-14 Item F-K67 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 12 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Im act 21) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 22) Provide preferential parking to high occupancy vehicles and shuttle services. 23) Schedule truck deliveries and pickups during off-peak hours. 24) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 25) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 26) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 27) 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. 28) 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). 29) All industrial and commercial facilities shall designate preferential parking for vanpools. 30) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 31) 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. 32) All residential and commercial structures shall be required to incorporate high- efficiency/low-polluting heating,air conditioning, appliances, and water heaters. 33) 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. As noted in subsection b above, the project would amend the General Plan from Low Residential (2 to 4 du/ac) to High Residential (24 to 30 du/ac) to support the construction of a'60-unit senior housing complex. Based on the Air Quality Impact Analysis (May 27, 2014), no short or long-term, operational impacts to air quality would occur as a result of the project. Because the project would result in minimal emissions that do not exceed any thresholds of significance, the project's contribution to cumulative impacts is also considered minimal. With implementation of mitigation measures listed in subsection b above from the City's 2010 General Plan FPEIR,which are Rev 8-18-14 Item F—K68 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 13 • Less Than Significant Less Potentially ThanIssues and Supporting Information Sources: Significant Mitigaton Significant No Impact Incorporated I Impact impact 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 two sensitive receptors, both schools. Cucamonga Middle School, located at 7611 Hellman Avenue, approximately 1,300 feet southwest of the project site, and Pebbles Christian School, located at 7690 Archibald Avenue, approximately 1,500 feet south of the project site. 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. 34) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule • 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e.fireplaces/hearths) in new development on or after March 9, 2009. 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 typically associated with the type of use. Odors from the proposed residential use would most likely be from activities such as cooking; however, these odors would be minimal and not considered to be significant. 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? Rev 8-18-14 Item F—K69 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 14 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Inco crated Impact Im act 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 Archibald Avenue, south of Base Line Road, and is characterized by surrounding developments including the City Library and senior housing apartments to the north, the First Baptist Church to the south, and single-family homes to the east and west. The project proposes to amend the General Plan land use designation from Low(L)Residential to High(H)Residential and to amend the Development Code land use district from Low(L) Residential District to High (H) Residential District and Senior Housing Overlay Zoning District(SHOZD)to allow for the development of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land. The site has been previously disrupted during construction of the existing single-family residence on site and the use of the site as a Queen Palm tree farm. According to the General Plan Figure RC-4, and Section 4.4 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources;therefore,development is not anticipated to 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. The Arborist Report (Glen Lukos Associates, January 29, 2015) prepared a biological assessment and concluded that the project contains trees and shrubs that exhibit nesting bird potential, and recommended a nesting bird survey be prepared prior to any ground disturbances. It is recommended that vegetation clearing activities be scheduled outside of the avian nesting season (February 15 through August 15). If construction activities are planned during the avian nesting season, a pre-construction nesting bird survey should be conducted within 30 days prior to commencement to avoid impact to birds protected under the Fish and Game Code and Migratory Bird Act. 1) Prior to issuance of a Grading Permit, a nesting bird survey that is in conformance with the Migratory Bird 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 the young. 2) Prior to issuance of a Grading Permit, a Burrowing Owl Survey that-conforms to the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation Rev 8-18-14 Item F—K70 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 15 • Less Than Significant Less Issues and Supporting Information Sources: Potentiallywith Than Significant Mitigation Significant No Impact Incorporated Impact Im act shall be submitted to the Planning Department for review. The survey shall include a habitat assessment, survey and impact analysis. 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. Therefore, no adverse impacts are anticipated. C) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. Therefore, no adverse impacts are anticipated. 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 fourteen (14) trees located on the project site, three (3) of which are heritage trees as defined in Section 17.16.080(C) of the Rancho Cucamonga Development Code. The heritage trees include one(1)Coast Live Oak(Quercus argifolia)and two(2)Cork Oak (Quercus suber) trees. The non-heritage trees include a variety of fruit and nut bearing trees and other trees not meeting the minimum height and diameter requirements of the Development Code. The Arborist Report (Glenn Lukos Associates, February 27, 2015), • identifies that although the three (3) heritage trees are healthy, their location conflicts with the proposed improvements, and are not suitable for preservation. The landscape plan demonstrates the three(3) heritage trees removed as part of this project will be replaced in kind with a minimum of three(3)24-inch box size trees. Therefore, no adverse impacts are anticipated. 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. Therefore, no adverse impacts are anticipated. 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). The Historic Resource Assessment (Leslie Heumann, June 18, 2014) prepared for the project site determined that the past removal of all but a few ornamental citrus trees, demolition of agricultural outbuildings such as the barn, extensive alterations to the residence, including Rev 8-18-14 Item Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 16 7Significan't han Less Issues and Supporting Information Sources: Potentially Than Significant on Significant No Impact Incorporated Impact Impact additions, non-original stucco cladding and replacement of all windows and doors, has compromised the property's integrity to the extent that it is not a historic resource under local, State, or Federal criteria of significance. Therefore, no adverse impacts are anticipated. 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 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. 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 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 the Public Safety Element of the General Plan; therefore, the following mitigation measures shall be implemented: Rev 8-18-14 Item F—K72 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 17 • Less Than Significant Less Issues and Supporting Information Sources: Fowith Than significant Mitigation Significant No Impact incorporated Impact Impact 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 befound within an area being cleared orgraded,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 Archaeological Information Center for permanent archiving. 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 the existing single-family residence and agricultural activities (including the Queen Palm tree farm), the construction of infrastructure and surrounding developments, and 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 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? Rev 8-18-14 Item F—K73 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 18 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact iii) Seismic-related ground failure, including ( ) ( ) ( ) (✓) liquefaction? iv) Landslides? ( ) ( ) ( ) (✓) b) Result in substantial soil erosion or the loss of topsoil? ( ) (✓) ( ) ( ) 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 ( ) 0 0 V)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 project.site andit is not located-within an Alquist-Priolo Earthquake Fault Zone; however, the extreme southeast corner of the project site is located within 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 one-quarter (1/4) mile southeast of the site, and the Cucamonga Fault Zone lies approximately 3.5 miles north of the site. These faults are both capable of producing MW 6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to MW 7.5 earthquakes is about 16 miles northeasterly of the site and the San Andreas,capable of up to MW 8.2 earthquakes, is about 18 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. The Preliminary Geotechnical Investigation (LOR Geotechnical Group, January 16, 2014) evaluated the presence of seismic or faulting conditions on the project site. The report states that no active or potentially active faults are known to exist at the subject site and the site does not lie within a current State of California Earthquake Fault Zone; no project specific mitigation measures related to earthquake faults are required. Therefore, no adverse impacts are anticipated. 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 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 Mo emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. Rev 8-18-14 Item F—K74 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 19 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o 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 PM,o 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 PM,o emissions. c) 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. Landslides may be induced by seismic activity, rain, or construction. The City Hillside Development Regulations prohibit development on 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 a hillside area but is within an Earthquake hazard zone or other unstable geologic unit or soil type according to General Plan FPEIR Exhibit 4.7-2. The Preliminary Geotechnical Investigation (LOR Geotechnical Group, January'16, 2014) evaluated the presence of seismic or faulting conditions on the project site. The report states that no active or potentially active faults are known to exist at the subject site and the site does not lie within a current State of California Earthquake Fault Zone; no project speck mitigation measures related to earthquake faults are established. 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 Hanford Coarse Sandy Loam (HaC) soil association according to General Plan FPEIR Exhibit 4.7-3. These soils are typically found at the western section of the City and consist of light brownish-gray course sandy loam on the surface about 10 inches thick; typically used for irrigated crops (i.e., citrus). 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. 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 ( ) ( ) V) ( ) 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). Rev 8-18-14 Item F—K75 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 20 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact In June of 2005, Governor Schwarzenegger established California's Green House Gas (GHG) emissions reduction target in Executive Order(EO)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 six key. GHGs (carbon dioxide (CO2), methane (CHa), nitrous oxide (N20), hydrofluorocarbons (HFCs), perfluorocarbons(PFCs), and sulfur hexafluoride(SN)). 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 three to four degrees Fahrenheit (°F)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 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 determining 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 pollutant except PM,o, PM2.5,.and S02which 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 Rev 8-18-14 Item F—K76 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 21 ® Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PMto, and PM2.5 levels all exceed State and federal standards regularly. Proiect 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 an 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 3,000 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 dated May 27, 2014, total project related emissions would be • 497.16 MTCO2eq/year, as shown in the following table: Emissions(metric tons per year) Emission Source CO2 CH4 N20 Total COLE Annual construction-related emissions amortized 20.43 10.004 — .20.52 over 30 years Area 15.42 1.30e-3 2.60e-4 15.53 Energy 139.66 5.49e-3 2.05e-3 140.42 Mobile Sources 284.66 0.01 — 284.90 Waste 5.60 !0.33 — 12.56 Water Usage 19.54 0.13 3.22e-3 23.24 Total CO2E(All Sources) 497.16 Source:Ca1EEMod"model output See Appendix 3.1 for detailed model outputs. Note:Totals obtained from CaIEEMod"and may not total 100%due to rounding. Table results include scientific notation.a is used to represent times ton roisod to the power of(which would be written as x 10°y)and is followed by the value of the exponent 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- 0 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 Rev 8-18-14 Item F—K77 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 22 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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, Cha, and N20. CH4 is emitted during the fueling of heavy equipment. Based on the Greenhouse Gas Analysis (May 27, 2014), no 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 enei=gy 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 the construction crew. Cumulative Lona 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 a 24,641 square foot, 60-unit, 3-story senior apartment complex 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 Rev 8-18-14 Item F—K78 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 23 Less Than Significant Less Issues and Supporting Information Sources: Potentially ant With Than Significant Mtigation Significant No Impact Incorporated Impact Impact 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 Greenhouse Gas Analysis(May 27, 2014), no 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 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) Prepare a comprehensive water conservation strategy appropriate for the ® project and include the following; Rev 8-18-14 Item F—K79 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 24 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact. • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape . Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets,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 proposes to amend the General Plan land use designation from Low (L) Residential to High (H) Residential and to amend the Development Code land use district _.. from-Low(L)Residential District to High(H)Residential District and Senior Housing Overlay Zoning District(SHOZD) to allow for the development of a 24,641 square foot, 60-unit, 3- story, senior apartment complex on 2.25 acres of land. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emission apply to the project. The 2010 General Plan Update included 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 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 Greenhouse Gas Analysis (May 27, 2014), no significant short-term construction impacts or long-term, operational impacts would occur as a result of the project. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to 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 Assembly (AB) 32 and therefore would be less than a significant impact. Rev 8-18-14 Item F—K80 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 25 ® Less Than Significant Less Issues and Supporting Information Sources: P Significant am with Than ant Mitigation Significant No Impact Incorporated Impact Impact 8. HAZARDS AND WASTE MATERIALS. Would the project.- a) roject.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 65962.5 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, ( ) ( ) ( ) (✓) 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) 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 site is located on the west side of Archibald Avenue,south of Base Line Road,and is characterized by surrounding developments including the City Library and senior housing apartments to the north, the First Baptist Church to the south, and single-family homes to the east and west. The project proposes to amend the General Plan land use designation from Low(L) Residential to High (H) Residential and to amend the Development Code land use district • from Low(L)Residential District to High(H)Residential District and Senior Housing Overlay Zoning District (SHOZD) to allow for the development of a 24,641 square foot, 60-unit, 3- story, senior apartment complex on 2.25 acres of land. As senior residential housing, the project is not anticipated to transport, use, or dispose of significant amounts of hazardous Rev 8-18-14 Item F—K81 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 26 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mtigation' Significant No Impact Incur orated Im act Impact materials. 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 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. Therefore no adverse impacts are anticipated. b) The project proposes the construction of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land and will not include activities that utilize or generate hazardous materials, hazardous waste, or volatile fuels. 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 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. Therefore, no adverse impacts are anticipated. C) The project site is located within '/ mile of two sensitive receptors, both schools. Cucamonga Middle School, located at 7611 Hellman Avenue, approximately 1,300 feet southwest of the project site, and Pebbles Christian School, located at 7690 Archibald Avenue, approximately 1,500 feet south of the project site. The project proposes the construction of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land and because it is located within '/ mile of a sensitive receptor,the project will be required to comply with existing State and Federal standards on the use and transport of hazardous materials. The proposed project and use is not anticipated to emit hazardous materials or create objectionable odors. Therefore, no adverse impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. Site inspections conducted in March 2015 did not reveal the presence of discarded drums or illegal dumping of hazardous materials. Therefore, no adverse impacts are 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 4 miles northerly of the Ontario Airport and is offset north of the flight path. Therefore, no adverse impacts are anticipated. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2 and 1/2 miles to the west of the City's westerly limits. Therefore, no adverse impacts are anticipated. g) The City has a developedroadway 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. 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. Therefore, no adverse impacts are anticipated. Rev 8-18-14 Item F—K82 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 27 ® Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Im act 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. 9. 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? • 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? j) 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 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, Rev 8-18-14 Item F—K83 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 28 i Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Im act Incorporated Impact impact 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 (NO1) 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) 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 Encompass Associates (August 4, 2014), 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: 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 Rev 8-18-14 Item F—K84 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 29 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated impact Impact 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) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Encompass Associates (August 4, 2014) to reduce pollutants during construction entering the storm drain system to the maximum extent practical. ® Post-Construction Operational: 6) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Encompass Associates (August 4, 2014) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 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 City's 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 feet 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. Therefore, no adverse impacts are anticipated. ® c) The project site is currently developed with a single-family house, garage and ancillary out building. The project proposes the construction of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land and development of the site will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water Rev 8-18-14 Item F—K85 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 30 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact _ Impact 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 river. 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. Therefore, no adverse impacts are anticipated. 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. Therefore, no adverse 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. Therefore, no adverse impacts are anticipated. f) 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 project proposes the construction of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land and 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) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a-project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. .9) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (N01) 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. Rev 8-18-14 Item F—K86 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 31 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Im act Impact 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 anticipated. i) 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 anticipated. 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. Therefore, no adverse impacts are anticipated. 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 Archibald Avenue, south of Base Line Road, and is characterized by the City Library and senior housing apartments to the north, the First Baptist Church to the south, and single-family development to the east and west. This project will be of similar design and size to surrounding senior housing apartment complex to the north. The project will become a part of the larger community. Therefore, no adverse impacts are anticipated. b) The project proposes to amend the General Plan land use designation from Low (L) Residential to High (H) Residential and to amend the Development Code land use district from Low(L)Residential District to High(H)Residential District and Senior Housing Overlay • Zoning District (SHOZD) to allow for the development of a 24,641 square foot, 60-unit, 3- story, senior apartment complex on 2.25 acres of land. The proposed 60-unit senior apartment complex will fit into the surrounding neighborhood and become part of the community. The land use change and the project layout is compatible with the surrounding Rev 8-18-14 Item F-K87 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 32 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact. Incorporated Impact Impact area and will not create a conflicting land use since it will be adjacent to existing land uses that are designated High Residential to the north and Low Residential to the east,south and west. The proposed project does not interfere with any policies for environmental protection, the Ontario International.Airport's ALUCP or SCAG's Regional Comprehensive Plan. The proposed project is consistent with the General Plan with the exception of the land use designation for which a General Plan Amendment (DRC2014-00546) is under review to permit the requested multi-family land use. 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 4.10 of 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 is 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? 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,no adverse impacts are anticipated. 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, no adverse impacts are anticipated. 12. 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? Rev 8-18-14 Item F—K88___ Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 33 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Im act Incorporated Im act Impact 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 Figure PS-9 at build-out. A Noise Impact Analysis (Urban Crossroads, May 29, 2014) 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. Exterior: 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from • this equipment would be mitigated during construction. 2) During all project site excavation and grading, the project contractors shall equip all construction equipment,fixed or mobile,with properly operating and maintained mufflers consistent with the manufacturers'standards. 3) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 4) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 5) The construction contractor shall obtain the City's approval for its haul plan, with the planned haul truck routes avoiding residential areas to the extent feasible. 6) The construction contractor shall change the timing and/or sequence of the noisiest construction operations to avoid sensitive times of the day. Interior: 7) All windows and sliding glass doors shall be well fitted, weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating ® of 27. Air gaps and rattling shall not be permitted. 8) All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths inch thick. Rev 8-18-14 Item F—K89 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 34 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant MGgation Significant No Impact Incorporated Impact Im act 9) Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one-half inch thick. Ceilings shall be well fitted, well-sealed gypsum board of at least one-half inch thick. Insulation with at least a rating of R-19 shall be used in the attic space. 10) Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use. A forced air circulation system (e.g., air conditioning) shall be provided, which satisfies the requirements of the Uniform Mechanical Code. 11) All bedrooms,when in use,are expected to contain furniture or other materials that absorb sound equivalent to the absorption provided by wall-to-wall carpeting over a conventional pad. b) 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. C) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The project proposes to amend the General Plan land use designation from Low(L) Residential to High (H) Residential and to amend the-Development Code-land use district from Low (L) Residential District to High (H) Residential District and Senior Housing Overlay Zoning District (SHOZD) to allow for the development of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land. 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. 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: 12) 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. 13) 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 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. 14) The perimeter block wall shall be constructed as early as possible in first phase. Rev 8-18-14 Item F—K90 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 35 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Im act 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: 15) 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 7.7 miles northerly of the Ontario Airport and is offset north of the flight path. Therefore, no adverse impacts are anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. Therefore, no adverse impacts are anticipated. ® 13. 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 include the construction of 60 senior housing units. It is estimated that the project will generate a population growth of approximately 60 persons. Since the project is an infill project and surrounded by developed infrastructure, adequate schools and the utility capacities to serve the project, this minimal increase in population is considered less than significant. Construction activities at the site will be short-term and will not attract new employees to the area. Therefore, no adverse impacts are anticipated. b) The project site contains three buildings—a residence, a garage,and a small concrete block structure. Because the property is vacant, there will be no displacement of housing or people. Therefore, no adverse impacts are anticipated. ® c) The project site contains three buildings—a residence, a garage, and a small concrete block structure. Because the property is vacant, there will be no displacement of housing or People. Therefore, no adverse impacts are anticipated. Rev 8-18-14 Item F—K91 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 36 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mtigation Significant No Im act incorporated Impact Impact 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 Archibald Avenue, south of Base Line Road,would be served by Fire Station#172 at 9612 San Bernardino Road, located approximately 1.0 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. Therefore, no adverse impacts are anticipated. b) The increase in residential units may lead to an increase in calls for service. Although there may be an increase in calls, 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. Therefore, no adverse impacts are anticipated. C) The Central 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 school districts are not considered significant. Therefore, no adverse impacts are anticipated. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Lions Park at 9161 Base Line Road, is located approximately '/Z 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. A standard condition of approval will require the developer to pay Park Development Fees. Therefore, no adverse 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 . demand for library space that would be met through implementation of the goals and policies Rev 8-18-14 Item F—K92 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 37 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact identified in the Public Facilities and Infrastructure Chapter of the General Plan. 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. Therefore, no adverse impacts are anticipated. 15. 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(Lion's Park)is located approximately'/z mile from the project site. The project proposes.to amend the General Plan land use designation from Low(L)Residential to High • (H) Residential and to amend the Development Code land use district from Low (L) Residential District to High (H) Residential District and Senior Housing Overlay Zoning District (SHOZD) to allow for the development of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land which will increase the use of parks and other recreational facilities within the City. The project is consistent with the density of development anticipated for the development district and will not overburden the existing and proposed recreational facility within the City. A standard condition of approval will require the developer to pay Park Development Fees. Therefore, no adverse 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. TRANSPORTATION/TRAFFIC. 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? Rev 8-18-14 Item.F—K93 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 38 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No -Impact incorporated. Impact Impact 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? ( ) ( ) ( ) (✓) f) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (✓) regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Comments: a) The project proposes to amend the General Plan land use designation from Low (L) Residential to High (H) Residential and to amend the Development Code land use district from Low(L)Residential District to High(H)Residential District and Senior Housing Overlay Zoning District(SHOZD) to allow for the development of a 24,641 square foot, 60-unit, 3- story, senior apartment complex on 2.25 acres of land. The Rancho Cucamonga Traffic Model estimates that each senior apartment unit will generate 3.45 daily trips, or 207 total daily trips, and 0.45 two-way peak hour trips. As such, the project will not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at intersections and will not negatively impact the level of service on surrounding roadways. The project is in an area that is mostly developed with street improvements and does not require the extension of any arterials. 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 within the City. Therefore, no adverse impacts are anticipated. 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 building permit. As described in subsection a) above, the project is in an area that is mostly developed with all street improvements existing and only street improvements (curb, gutter, and sidewalk)along the street frontage of the site will be required. The project will not create a substantial increase in traffic and will not negatively impact the level of service standards on adjacent arterials. Therefore, no adverse impacts are anticipated. C) Located approximately 4 miles northerly of the Ontario Airport,the site is offset north of the flight path and will not change air traffic patterns. Therefore, no adverse 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 Rev 8-18-14 Item F—K94 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 39 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Im aCl Im act 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. Therefore, no adverse impacts are anticipated. 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, no adverse impacts are anticipated. f) The project proposes to amend the General Plan land use designation from Low (L) Residential to High (H) Residential and to amend the Development Code land use district from Low(L)Residential District to High(H)Residential District and Senior Housing Overlay Zoning District (SHOZD) to allow for the development of a 24,641 square foot, 60-unit, 3- story, senior apartment complex on 2.25 acres of land. The project design does not provide typical features to support transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.), but was designed to consider the infrastructure requirements for senior housing, including local infrastructure (e.g., streets, sidewalks, and traffic/pedestrian signals), level topography, a demonstrated proximity to commercial establishments(e.g., food shopping, drugstores, banks, medical and dental facilities, public transit, and.open space/recreational facilities) supporting transportation and vehicle trip reduction. 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 ( ) ( ) ( ) (1) 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? Rev 8-18-14 Item F—K95 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 40" Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Im act 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 proposed project will result in a minimal increase in demand,which is not considered significant. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. Therefore, no adverse impacts are anticipated. 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 proposed project will result in a minimal increase in demand, which is not considered significant. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. Therefore, no adverse 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. Therefore, no adverse impacts are anticipated. d) The project is served by the CVWD water system. 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. Therefore, no adverse.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 adverse 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 adverse impacts are anticipated. Rev 8-18-14 Item F—K96 Initial Study for Villa Pacifica Project City of Rancho Cucamonga (DRC2014-00546; DRC2014-00547; DRC2014-00545) Page 41 • Less Than Significant Less Issues and Supporting Information Sources: Potentially wtn Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 ( ) ( ) ( ) (✓) 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 project site is located on the west side of Archibald Avenue, south of Base Line Road at 7418 Archibald Avenue. The project proposes to amend the General Plan land use designation from Low(L)Residential to High(H)Residential and to amend the Development Code land use district from Low(L) Residential District to High (H) Residential District and Senior Housing Overlay Zoning District (SHOD) to allow for the development of a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land. The Arborist Report (Glenn Lukos Associates, January 29, 2015) performed a general biological assessment of the project site and determined that the site contains trees and shrubs that exhibit nesting bird potential, and therefore recommended a preconstruction nesting bird survey prior to ground disturbance activities. Mitigation measures have been added in the Biological Resources section of the study requiring the submission of a nesting bird survey and burrowing owl survey to the Planning Department prior to the issuance of a rough grading permit. No cultural resources are known to exist on the site; however, in the unlikely event that archaeological and paleontological resources are discovered during construction, mitigation measures are included to ensure proper handling and protection. b) The project proposes to amend the General Plan land use designation from Low (L) Residential to High (H) Residential, amend the Development Code land use district from Low (L) Residential District to High (H) Residential District and Senior Housing Overlay Zoning District (SHOD), and construct a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land. With implementation of best practices that have been incorporated into the project and mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize short-term and long-term air quality and greenhouse gas emissions, cumulative impacts will be less-than-significant. 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 Rev 8-18-14 Item F—K97 Initial Study for Design Review DRC2014-00545 City of Rancho Cucamonga General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547 Page 42 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 against the significant unavoidable adverse impacts(CEQA Guidelines Section 15092 and 15096(h)). C) The project proposes to amend the General Plan land use designation from Low (L) Residential to High (H) Residential, amend the Development Code land use district from Low (L) Residential District to High (H) Residential District and Senior Housing Overlay Zoning District (SHOZD), and construct a 24,641 square foot, 60-unit, 3-story, senior apartment complex on 2.25 acres of land. 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 finds that all categories of potential impacts, including those that have the potential to directly or indirectly affect humans such as air quality, greenhouse gas emissions, and noise,will be mitigated to a less than significant level in all categories. 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): (✓) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (✓) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (✓) Master Environmental Assessment for the 1989 General Plan Update (SCH#88020115, certified January 4, 1989) TECHNICAL APPENDICES (✓) Environmental Site Assessment (LOR Geotechnical Group, January 10, 2014) (✓) Preliminary Geotechnical Investigation (LOR Geotechnical Group, January 16, 2014) (✓) Air Quality Impact Analysis (Urban Crossroads, May 27, 2014) (✓) Greenhouse Gas Analysis (Urban Crossroads, May 27, 2014) (✓) Noise Impact Analysis (Urban Crossroads, May 29 2014) (✓) Historic Resource Assessment (Leslie Heumann, June 18, 2014) Rev 8-18-14 Item F—K98 Initial Study for Design Review DRC2014-00545 City of Rancho Cucamonga General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547 Page 43 ® (✓) Water Quality Management Plan (Encompass Associates, August 4, 2014) (✓) Arborist Report (Glenn Lukos Associates, February 27, 2015) Rev 8-18-14 Item F—K99 Initial Study for Design Review DRC2014-00545 City of Rancho Cucamonga General Plan Amendment DRC2014-00546,Zoning Map Amendment DRC2014-00547 Page 44 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 e . nmental effects would occur. Applicant's Signature: Date: Print Name and Title: To C04ake, Cc ukk. ,L e $�+o v��►±e=i a Rev 8-18-14 Item F—K100 • City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: DRC2014-00545 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components—This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. • 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management—The MMP will be in place through all phases of the project. The project planner,assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation)that relate to that department. Procedures—The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga— Lead Agency ® Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Item F—K101 Mitigation Monitoring Program DRC2014-00545 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner, or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner, or responsible City department, will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of. the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee)with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development"Director or Planning Director prior to the issuance of building permits. Item F—K102 MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART 111) Project File No.: DRC2014-00545 Applicant: 7418 Archibald, LLC Initial Study Prepared by: Tom Grahn, Acting Senior Planner Date: April 7, 2015 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Im lementin Action for Monitortng Frequency Verification Verification Date/initials Non-Compliance _41,09n •rt - ... ..:.n.: .. Leo- .�i.. .... c :.,.. i,3;.:. ,,: .,..y, .} ,.}: .v^i� .IE .�'... _ �}.�K;`v':`::..,.r.',�n.�:,; a:a•�..;",,;. Short Term(Construction) Emissions •`�� - .z ,;, q.. .�•.: ;. ? '�.,�-: s ; ?::t 1) All clearing, grading, earth-moving, or PD/BO C Review of plans A/C 2/4 excavation activities shall cease when winds exceed 25 mph 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) times daily during dry weather. .Watering, with complete coverage of disturbed areas, shall X occur at least three times a day, preferably in 3 the midmorning, afternoon, and after work is T done for the day. 71� 3) The contractor shall ensure that traffic speeds PD C Review of plans A/C 2/4 W on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 4) All construction equipment shall be maintained PD C Review of plans A/C 2/4 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. 5) Prior to the issuance of any grading permits, PD/BO C Review of plans C 2 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 Page 1 of 14 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for -implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 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. 6) The construction contractor shall utilize electric PD C Review of plans A/C 2/4 or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that PD 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. 8) All construction equipment shall comply with PD C Review of plans A/C 2/4 SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: 9) All asphalt shall meet or exceed performance BO B s Review of plans A/C 2 standards noted in SCAQMD Rule 1108. m 10) All paints and coatings shall meet or exceed BO C Review of plans A/C 2/4 _ performance standards noted in SCAQMD I Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low- CD pressure spray. 11) Reestablish ground cover on the construction BO C Review of plans A/C 2/4 site through seeding and watering. 12) Pave or apply gravel to any on-site haul roads. BO C Review of plans A/C 2/4 13) Phase grading to prevent the susceptibility of BO C Review of plans A/C 2/4 large areas to erosion over extended periods . of time. 14) 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. 15) Dispose of surplus excavated material in BO C Review of plans .A 4 accordance with local ordinances and use sound en-gineering practices. 16) 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. Page 2 of 14 Mitigatieasures MNo./ Responsible Monitoring Timing of Method of Verified Sanctions for lementonin Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 17) Suspend grading operations during high winds BO C During construction (i.e., wind speeds exceeding 25 mph) in A 4 accordance with SCAQMD Rule 403 re uirements. 18) Maintain a minimum 24-inch freeboard ratio on BO C During Construction soils haul trucks or cover payloads using tarps A 4 or other suitable means. 19) The site shall be treated with water or other BO soil-stabilizing agent (approved by SCAQMD C During construction A 4 and Regional Water Quality Control Board (RWQCB)) daily to reduce Particulate Matter PM10 emissions, in accordance with SCAQMD Rule 403. 20) Chemical soil-stabilizers (approved by BO C During construction A SCAQMD and RWQCB) shall be applied to all 4 inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Long Term Emissions 3 F vide adequate ingress and egress at all Iances to public facilities to minimize BO C Review of plans A/C 2/4 icle idling at curbsides. Ln ide preferential parking to high occupancy BO C Review of plans icles and shuttle services. A/C 2/4 edule truck deliveries and pickups during BO C Review of plans A/C eak hours. 2/4 rove thermal integrity of the buildings and BO C Review of plansA/Cce thermal load with automated time 2/4 ks or occupant sensors. scape with native and/or drought-resistant BO C Review of lansies to reduce water consumption and to p A/C 2/4 provide passive solar benefits. 26) Provide lighter color roofing and road materials BO C Review oflans and tree planting programs to comply with the p A/C 2/4 AQMP Miscellaneous Sources MSC-01 measure. 27) Comply with the AQMP Miscellaneous BO C Review of plans A/C Sources PRC-03, and Stationary Sources 2/4 Operations- Enhanced Inspection and Page 3 of 14 Mitigation Measures No.l Responsible Monitoring Timing of Method of Verified Sanctions for implementing Action for Monitoring Frequency Verification Verification Date linitials Non-Compliance Maintenance and ADV-MISC to reduce emissions of restaurant operations. 28) All industrial and commercial facilities shall Bp C Review of plans A 4 post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 29) All industrial and commercial facilities shall PD C Review of plans A/C 2/3 designate preferential parking for vanpools. 30) All industrial and commercial site tenants with PD C Review of plans D 2/3 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 31) All industrial and commercial site tenants with PD C Review of plans D 2/3 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible: fD 32) All residential and commercial structures shall . PD C Review of plans D 2/3 be required to incorporate high-efficiency/low- polluting heating, air conditioning, appliances, and water heaters. 33) All residential and commercial structures shall PD C Review of plans D 2/3 be required to incorporate thermal pane windows and weather-stripping. 34) All new development in the City of Rancho PD C Review of plans D 2/3 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.s and precludes the installation of indoor or outdoor i wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. Page 4 of 14 • • • Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Fre uenc Verification Verification Date/Initials Non-Compliance LL Sgctiq 4 M3lol Ica(Resources . ;� 1) Prior to issuance of a Grading Permit, a PD B Review of plans D 2 nesting bird survey that is in conformance with the Migratory Bird 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 r« abandonment of the young. m 2) Prior to issuance of a Grading Permit, a PD B D 2 -n Burrowing Owl Survey that conforms to the Review of plans I Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation shall be submitted to the Planning Department for review. The survey shall include a habitat assessment, survey and impact analysis. section S. -Cultur Re o rtes 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 PD/BO C Review of report A/D 3/4 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 re ort A/D 3/4 Page 5 of 14 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for -implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance incorporation of archaeological sites within new developments, using their special ualities 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 PID B/C Review of A/D Section 21083.2 Archeological resources Plans/Report During of CEQA to eliminate adverse project Construction 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 PD C Review of report A/D 3/4 management report, documenting the r+ inventory, evaluation, and proposed r� mitigation of resources within the project 3 area. Submit one copy of the completed i' report,with original illustrations,to the San Bernardino County Archaeological Information Center for permanent o0 archiving. 2) If any paleontological resource (i.e. plant or ' PD B Review of report A/D 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 (Le., 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 A/D 4 and equipped to allow the rapid removal of fossils with minimal construction delay, to Page 6 of 14 Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance ' the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area BO BSC Review of report ASD 4 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 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 n Bernardino County Museum for permanent I archiving. Section 8--faeglo end oils : . . . . . CD W 1) The site shall be treated with water or other BO C agent (a A 4 soil-stabilizingDuring construction g (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 CDuring construction q 4 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 BO C During construction A 4 wind speeds exceed 25 mph to minimize PM10 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 Page 7 of 14 Mitigation Measures No.l Responsible Monitoring Timing of Method of Verified Sanctions for -implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Cumulative 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 SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select BO C 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 i' manufactures' specification. 3) Trucks shall not idle continuously for more BO C During construction A 4 o than 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 with peak-hour traffic. 6) Ridesharing and transit incentives shall be BO C During construction A 4 supported and encouraged for construction crew. Cumulative 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 Page 8 of 14 Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date!Initials Non-Compliance (VOC) materials. 8) Design all buildings to exceed California BO A During Construction C 2 Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and developed site utilizing shade, prevailing winds, and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. 3 0 Install solar or light emitting diodes(LED's) I' 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 City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets, and waterless urinals/water heaters. • Design irrigation to control runoff and to Page 9 of 14 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 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. Educated employees about reducing waste and about recycling. Ssct'an — r I nd G1u�I =:�;• � :. .; � - i Construction Activities 1) 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. 2) An Erosion Control Plan shall be prepared, BO B/C/D Review of plans A/C 2/4 included in the Grading Plan, and implemented 3 for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are ni 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 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. 4) During construction, to remove pollutants, BO B/C/D Review of plans A/C 2/4 street cleaning will be performed prior to storm Page 10 of 14 • 0 - 0 Mitigation Measures No.! Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Com fiance events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs BO B/CID Review of plans A/C 2/4 identified in the Water Quality Management Plan prepared by Encompass Associates (August 4, 2014) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. Post-Construction Operational 6) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Encompass Associates (August 4, 2014) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4 controlling and minimizing the use of T fertilizers/pesticides/herbicides. Landscaped I 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 1) Prior to issuance of building permits, the BO B/C/DReview of plans A/C 2/4 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. Page 11 of 14 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 2) Prior to issuance of grading or paving permits, BO B/C/D Review of plans A/C 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. ; ((.� ,.- .:.... .... .... _...: ... .. .... ..... i ..-. .. :ift.t,:a. ;. r :}t". .,^a�.a "1:., •5f'•' .�i,.p::::;'. "x,K': Interior 1) Prior to .the issuance of any grading plans a PD/BO B Review of plans A/C 2/4 i construction-related noise mitigation plan shall be submitted to the City for review and m approval. The Plan shall depict the location of B the construction equipment and how the noise T from this equipment would be mitigated during construction. 2) During all project site excavation and grading, BO B Review of plans A/C 2/4 the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with the manufacturers'standards. 3) The project contractor shall place all stationary BO B Review of plans A/C 2/4 construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 4) The construction contractor shall locate BO B Review of plans A/C 2/4 equipment staging in areas that will create the greatest distance between construction- related noise sources and noise-sensitive receptors nearest the project site during all project construction. 5) The construction contractor shall obtain the CE B Review of plans D 2/4 City's approval for its haul plan, with the planned haul truck routes avoiding residential areas to the extent feasible. Page 12 of 14 Mitigation Measures No. l Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 6) The construction contractor shall change the PD/BO C Review of plans A 2/4 timing and/or sequence of the noisiest construction operations to avoid sensitive times of the day. Exterior 7) All windows and sliding glass doors shall be BO B/C/DReview of plans A/C 2/3 well fitted, weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating of 27. Air gaps and rattling shall not be permitted. 8) All exterior doors shall be well weather- BO B/C/D Review of plans A/C 2/3 stripped solid core assemblies at least one and three-fourths inch thick. 9) Roof sheathing of wood construction shall be BOB/C Review of plans AIC 2/3 well fitted or caulked plywood of at least one- half inch thick. Ceilings shall be well fitted, well-sealed gypsum board of at least one-half inch thick. Insulation with at least a rating of R- 19 shall be used in the attics ace. =*+ 10) Arrangements for any habitable room shall be BO B/D Review of plans A/C 2/3 such that any exterior door or window can be kept closed when the room is in use. A forced �^ air circulation system (e.g., air conditioning) shall be provided, which satisfies the requirements of the Uniform Mechanical Code. 11) All bedrooms, when in use, are expected to BO B/D Review of plans A/C 2/3 contain furniture or other materials that absorb sound equivalent to the absorption provided by wall-to-wall carpeting over a conventional pad. 12) Construction or grading shall not take place BO B/C/D Review of plans A/C 2/4 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. 13) Construction or-grading noise levels shall not BO B/C/D Review of plans A/C 2/4 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 Page 13 of 14 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 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. 14) The perimeter block wall shall be constructed PD/BO C Review of plans A/C 3 as early as possible in first phase. 15) Haul truck deliveries shall not take place BO B/C/D Review of plans A/C 2/4 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 Bdeveloper shall prepare a noise mitigation plan In denoting any construction traffic haul routes. To the extent feasible, the plan shall denote a, haul routes that do not pass sensitive land uses or residential dwellings. Key to Checklist Abbreviations R �n1xHQca m .�a 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 14 of 14 RESOLUTION NO. 15-33 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL GENERAL PLAN LAND USE MAP AMENDMENT DRC2014-00546 TO AMEND THE DESIGNATION FROM LOW RESIDENTIAL TO HIGH RESIDENTIAL FOR 2.25 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD; 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 General Plan Amendment No. DRC2014-00546 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On the 13th of May 2015, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on May 13, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 2.25 acres of land, basically a rectangular configuration, located on the west side of Archibald Avenue, south of Base Line Road, which is presently improved with a single-family residence. Said property is currently designated as Low Residential; and b. The properties to the north of the subject site are designated High Residential and developed with an existing senior housing apartment complex(Villa Pacifica 1)and Office and developed with the Archibald Library. The properties to the west are designated Low Residential and are developed with single-family residences. The property to the south is designated Low Residential and is developed with the First Baptist Church of Rancho Cucamonga; and C. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the proposed land use designation in a manner consistent with the General Plan and with adjacent development; and d. This amendment promotes Goal HE-1 and Objective HE-1.1 of the General Plan in that future development of the site consistent with a High Density Residential land use designation would contribute to providing a variety of housing types; and ------- Item F—K117 PLANNING COMMISSION RESOLUTION NO. 15-33 GPA DRC2014-00546 —7418 ARCHIBALD, LLC May 13, 2015 Page 2 e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the subject property is suitable for the uses allowed in the proposed land use designation as evidenced by its location and frontage on and access to a public street, its size in being able to provide a suitable area to meet all applicable development standards (e.g., building setbacks, parking, access, landscape coverage, etc.),and the. presence of similar land use designations and existing developments in the immediate area; and b. That the proposed amendment would not have significant impacts on the environment nor on surrounding properties as described in Section 4 of this resolution, would establish a land use designation that is consistent with the High Residential land use designation of the adjacent property to the north of the project site, and would allow for the development of senior housing, which would be consistent with the existing senior housing complex to the north of the project site; and C. The proposed amendment would be consistent with Goal HEA and Objective HE-1.1 of the General Plan in that it would establish a higher density residential land use -designation that would contribute to-providing a variety of housing types. In-addition, the proposed- amendment would not create any internal inconsistencies within the General Plan. 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 recommends the City Council adopt a Mitigated Negative Declaration and Mitigation 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 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; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and Item F—K118 _. ._- PLANNING COMMISSION RESOLUTION NO. 15-33 GPA DRC2014-00546 —7418 ARCHIBALD, LLC May 13, 2015 Page 3 • 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and 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 recommendation 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 recommends approval of General Plan Amendment No. DRC2014- 00546, as depicted in Attachment A, attached hereto. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, 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 13th day of May 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: .Item F—K119 General Plan Amendment D C20 ,4-00546 Base Line Road sfi Neighborhood Commercial 'c m Q M Neighborhood Commercial Y d Office 'c m a m a L U Q I Existing: Low Residential (2-4 du/ac) Proposed: High Residential (24-30 du/ac) Low Residential (2-4 du/ac) Attachment A Palo Alto Street "120 RESOLUTION NO. 15-34 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING THE ZONING MAP (DRC2014-00547) FROM LOW (2-4 DU/AC) RESIDENTIAL TO HIGH (24-30 DU/AC) RESIDENTIAL AND ESTABLISHING A SENIOR HOUSING OVERLAY ZONING DISTRICT FOR 2.25 ACRES OF LAND, LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, 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 Zoning Map Amendment No. DRC2014-00547, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Zoning Map Amendment is referred to as "the application." 2. On May 13, 2015, 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. The Planning Commission also issued Resolution No. 15-33 recommending to the City Council that the associated General Plan Amendment No. DRC2014-00546 be approved. • 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on May 13, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 2.25 acres of land, basically a rectangular configuration, located on the west side of Archibald Avenue, south of Base Line Road, and is presently improved with a single family house. Said property is currently zoned as Low (L) Residential (2-4 du/ac); and b. This proposed amendment will not have a significant impact on the environment as described in Section 4 of this resolution; and C. The property to the north of the subject site is zoned High (H) Residential (24-30 du/ac) and is developed with an existing senior housing apartment complex (Villa Pacifica 1) and • Office Professional (OP) and is developed with the Archibald Library: The properties to the west are zoned Low (L) Residential and are developed with single-family homes. The property to the south is zoned Low (L) Residential and is developed with the First Baptist Church of Rancho Cucamonga. Item F—K121 PLANNING COMMISSION RESOLUTION NO. 15-34 ZMA DRC2014-00547—7418 ARCHIBALD, LLC May 13, 2015 Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with adjacent development. The proposed zoning designation will allow for development of the subject site consistent with the High (H) Residential District and Senior Housing Overlay Zoning District (SH), which is compatible with the adjacent High (H) Residential with Senior Housing Overlay Zoning District (SH) and Office Professional Districts in the immediate vicinity of the project site; and b. This amendment promotes Goal HE-1 and Objective HE-1.1 of the General Plan in that future development of the site consistent with High Density Residential and Senior Housing Overlay Zoning District would contribute to providing a variety of housing types; and c. That the amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment as described in Section 4 of this resolution, nor the surrounding properties. The proposed land use designation change will be compatible with adjacent properties in the vicinity and will allow for the development of the subject site consistent with all applicable development standards; and d. That the amendment would be consistent with the objectives of the Development Code to ensure orderly development. Changing the zoning district would be allow for development that is consistent with the existing senior apartment complex to the north; and e. That the proposed amendment is in conformance with the General Plan as it would establish High (H) Residential District and Senior Housing Overlay Zoning District (SH) on the subject property, which is consistent with the proposed General Plan Amendment DRC2014- 00546 to amend the General Plan land use designation from Low to High Residential. 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 ("CEQK) 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 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; and 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 Item F—K122 PLANNING COMMISSION RESOLUTION NO. 15-34 ZMA DRC2014-00547—7418 ARCHIBALD, LLC May 13, 2015 Page 3 • 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and 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 recommendation 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 recommends approval of Zoning Map Amendment DRC2014-00547, as depicted in Attachment A, attached hereto. • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, 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 13th day of May 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Item F—K123 low Zoning Map Amendment DRC2014-00547 Base Line Road d 'a NC 3 C d a W jp 7 � C > a a C E N 7 Y Existing: Low(L) Residential (2-4 du/ac) Proposed: High (H) Residential (24-30 du/ac) and Senior Housing Overlay Zoning District (SH) Low(L) Residential (2-4 du/ac) Attachment A Palo Alto Street F--I` i z4 • RESOLUTION NO. 15-35 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 DEVELOPMENT AGREEMENT DRC2014- 00610, FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY ZONING DISTRICT (SHOD), 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 DRC2014-00610, 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 of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said • hearing on that date. 3. The subject property of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed Development Agreement is attached as Attachment "A"to this Resolution. 5. The Planning Commission has reviewed and considered the associated Mitigated Negative Declaration prepared for said project as described in Section 3 of this resolution. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Commission hereby specifically finds that the Development Agreement and each and every term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga as proposed to be amended by DRC2014-00546, a request to amend the General Plan land use designation for the subject property from Low to High Residential, and ® conforms to the Zoning Map of the City of Rancho Cucamonga as proposed to be amended by DRC2014-00547, a request to amend the Zoning Map land use district from the Low (L) Residential District to the High (H) Residential District and Senior Housing Overlay Zoning District (SHOD), based on the following findings: Item F—K125 PLANNING COMMISSION RESOLUTION NO. 15-35 DA DRC2014-00610—7418 ARCHIBALD, LLC May 13, 2015 Page 2 a. The proposed Development Agreement 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 is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice; and c. The proposed Development Agreement will not be detrimental to the health, . safety, and general welfare of the City; and d. The proposed Development Agreement will not adversely affect the orderly development of property or the preservation of property values. 3. 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 Mitigation 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 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; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and 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 recommendation 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. Item F—K126 PLANNING COMMISSION RESOLUTION NO. 15-35 DA DRC2014-00610 — 7418 ARCHIBALD, LLC May 13, 2015 Page 3 4. This Commission hereby recommends approval of the Development Agreement attached hereto as Attachment "A"with the special condition which follows: 1) The final draft of the Development Agreement shall be reviewed and accepted by the City Attorney prior to approval by City Council. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, 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 13th day of May 2015, by the following vote-to-wit. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Item F—K127 DEVELOPMENT AGREEMENT DRC2014-00610 • 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 sem. 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 a development agreement, with a density bonus, pertaining to that real property located entirely 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. On , 2015, City adopted its Ordinance No. _approving this Development Agreement with Developer and said action was effective on , 2015. 1 ATTACHMENT A Item F—K128 AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms 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. e. "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. 2 1076\55U639142.5 Item F—K129 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-five(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 Housing Act (except to the extent the Project utilizes federal funds 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 A14reement. 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\I639142.5 -- Item F-1(130 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 term ofthis 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. 8. 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 for 40% 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 held 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 term 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, 4 1076\55\1639142.5 Item_F-K1-31 - - — indemnify and hold 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 a TRW or similar financial search; d. Obtain an income verification from all current employers; and e. If the applicant is 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 sworn 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 rules 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 in 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 5 1076\55\1639142.5 Item F—K132 Developer may determine. During the term hereof, the Project shall be insured to its full insurance replacement value. 15. Maintenance Guarantee. Developer shall comply with all City maintenance standards enacted from time to time. 16. Standards and Restriction Pertaining 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 permits for the Project. b. 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 1 non-covered parking spaces per unit. 18. Project Design Amenities for Senior Citizens. The Project open space,buildings and individual apartments shall be 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 1-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; e. All units shall possess secured entryways off a common enclosed hallway; and 6 1076\55\1639142:5 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, officers, 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 may be 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 se-g- 21. e- .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 • 7 1076\55\1639142.5 Item F-K134 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 under this Agreement shall be deemed to be a waiver of any other subsequent 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 breach or 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 8 1076\55\1639142.5 Item F—K135 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 & 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. Attorneys' 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. Binding 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. 9 1076\55\1639142.5 _. ._ . . Item F—K136 32. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino. SIGNATURES ON FOLLOWING PAGE 10 1076\55\1639142.5 Item F-K137 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective D ate set forth herein. DEVELOPER: CITY: 7418 ARCHIBALD LLC, a California CITY OF RANCHO CUCAMONGA, a limited liability company municipal corporation By: Orange Housing Development Corporation, a California nonprofit corporation, its member By: L. Dennis Michael Mayor By: Eunice Bobert ATTEST: Chief Executive Officer By: C&C Development Co., LLC, a California limited liability company, its Janice C. Reynolds, City Clerk member APPROVED AS TO FORM: • By. RICHARDS, WATSON & GERSHON Todd R. Cottle, its member By: The Cottle Family Trust Dated 3/8/1987, its member By City Attorney By: Barry A. Cottle, Trustee 11 1076\55\1639142.5 Item F-K138 ._ _. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On ,before me, , 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. Name: Notary Public 1076\55\1639142.5 Item F—K139 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is ® attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On , before me, , 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. Name: Notary Public 1076\55\1639142.5 Item F.7K140... _. A notary public or other officer completing this certificate verifies only the. identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On ,before me, ,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. Name: Notary Public 1076\55\1639142.5 Item F-K141 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On , before me, , 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. Name: Notary Public 1076\55\1639142.5 Item F—K142 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 1, 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\1639142.5 Item F—K143 EXHIBIT "B" • SITE PLAN [to be attached] ® B-1 1076\55\1639142.5 Item F-K144. -_ EXHIBIT "C" EXAMPLE INCOME AND AFFORDABLE RENT CALCULATIONS Examples of the maximum incomes and Affordable Rents for different income levels as restricted under this Agreement are shown on the following charts which are the maximum income levels 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 Committee for each year after the Project is placed in service. MAXIMUM INCOMES Revised per HUD Notice CALIFORNIA TAX CREM ALLOCATION COMMITTEE Effective:Mart,6,2015 2015 Maximum Income Levels For Projects Placed in Service on or after M015 One Two Three Four Five Six Seven Eight County Person Person Person Person Person Person Person Person AN BERNARDINO - - 1"00%Income:Level.:° 43..500,;:,: $49;:700 $55 9kQ,,-,::,$6.2;100;.,:"$67;100: $'7.21,Q0 :$77;10q;: $82 000:: 60°h Incline Le4el." 00 $29,820; ,.$33;540 $37 260 $40;260 $43 260 $46 2fi0`"='$49 200 55°/g'.Income::Levelc ' $23;925 $27335 ;$30;.745;':.`.;$34`;155; $38,9U5 :.::539;655.; $42,4.05.";`"-$45;100' : . x ; ,y 56%Income Level $21,750 $24 850_ ; $31;050 $33 550 <° $36 05p:•,:$38;550, .$41.000 45'k_Income,Level:;:::'.;:•.; ;-:::$19575 :;-;$22;365; ;"$25;155:;•.;::$27;945 . 95;:;;$32;445 "'.'04, _.•$36;900.:.": 40%Income Level':.:'.;:-:, $17 400 $19,880.:.= $22 360' $24",840". -$26 840 $28 840.:,•$30840 -`.---$3'2.8W, 35�/.:,Income.Level• •" $15;225:,:: $1:7,395;:;__$1;9,565'.:::::$21;735;. '$23;485: $25,235, .$26!985,"•::$28,700= .. - _ 30°k'Incbmelevel ;::''' , $73,05U.,:, $14.,910 `"; $18;770,=.:.::_$1'8;630:; ;.$20:;130.`'.:;$2.1;630- '$23!130,„'$24600.: C-1 1076'55\1639142.5 Item F-K145 AFFORDABLE RENTS • Revised per MUD Notice CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE Effective:March 6,2015 2015 Maximum Rents for Projects From Ceilings Post-1989 and Those from the Pre-1990 Ceilings That Elected with the Secretary of the Treasury'to use the Post-1989 Rents `(See IRC Section 42-Section 13142(c)of the Omnibus Budget ReconcrTiation act of 1993) For Projects Placed in Service on or after 3/6/2015 County Efficiency 1 BR 2 BR 3 BR 46R4BR 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 $698 $807 $901 $994 45%Income Level $489 $524 $628 $726 $811 $894 40%Income Level $435 $466 $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 Item F—K146 RESOLUTION NO. 15-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2014-00545, THE REQUEST 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) AND SENIOR HOUSING OVERLAY ZONING DISTRICT (SH), LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD; 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 the approval of Design Review DRC2014-00545, 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 13th of May, 2015, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 meeting on May 13, 2015, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to approximately 2.25 acres of land, basically a rectangular configuration, located on the west side of Archibald Avenue, south of Base Line Road. Said property is currently designated as Low Residential; and b. The project site is approximately 612 feet from east to west and 160 feet from north to south and is presently improved with a single-family residence; and C. The project was designed to be architecturally compatible with the design of the existing Villa Pacifica complex and also provides a direct vehicle and pedestrian connection between the two related projects. The design of the proposed building has similar building massing and architectural features (i.e., stucco exterior, the roof, balconies, etc.). The revised • architecture includes a stacked stone wainscot and architectural reveals; and d. The properties to the north of the subject site are designated High Residential and developed with an existing senior housing apartment complex (Villa Pacifica) and Office and Item F—K147 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545—7418 ARCHIBALD, LLC May 13, 2015 Page 2 developed with the Archibald Library. The properties to the west are designated Low Residential and are developed with single-family residences. The property to the south is designated Low Residential and is developed with the First Baptist Church of Rancho Cucamonga; and e. The related General Plan Land Use Map Amendment DRC2014-00546 proposes to amend the land use designation from Low Residential (2-4 dwelling units per acre) to High Residential (24-30 dwelling units per acre); and f. The related Zoning Map Amendment DRC2014-00547 proposes to amend the land use district from the Low(L) Residential District (2-4 dwelling units per acre) to the High (H) Residential (24-30 dwelling units per acre) and Senior Housing Overlay Zoning District (SH); and g. The related Tree Removal Permit DRC2015-00275, which proposes the removal of 14 trees whose location conflicts with proposed improvements, including 3 heritage trees including 1 Coast Live Oak and 2 Cork Oak trees. The 3 heritage trees will be replaced in kind with a minimum of three 24-inch box size trees; and h. The related Minor Exception DRC2014-00713, a request to increase the wall height of a combination retaining and garden wall height from 6 feet to 8 feet along the west and south property line. The increased wall height is necessary due to grade differences between the project site and adjacent properties to maintain a minimum 6 foot high perimeter garden wall; and i. The proposed project meets or exceeds all Development Code standards. As conditioned, the proposed senior apartment complex will meet all applicable Development Code standards for multiple family residential development. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and the purposes.of the district in which the site is located; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 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 Item F—K148 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545—7418 ARCHIBALD, LLC May 13, 2015 Page 3 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 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; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and • 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 recommendation 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 Conditions of Approval, attached hereto and incorporated herein by this reference. Planning Department 1) The approval of Design Review DRC2014-00545, Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275 shall be effective upon approval of General Plan Map Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, and Development Agreement DRC2014-00610 by the City Council. Environmental Mitigation Air Quality Short Term (Construction) Emissions • Item F—K149 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545—7418 ARCHIBALD, LLC May 13, 2015 Page 4 1) All clearing, grading, earth_moving, or excavation activities shall cease when winds exceed 25 mph 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) 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. 5) 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. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 8) All construction equipment shall comply with SCAQMD Rules 402 and 403. 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 be applied either by hand or high-volume, low-pressure spray. 11) Reestablish ground cover on the construction site through seeding and watering. . 12) Pave or apply gravel to any on-site haul roads. Item F—K150 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545 —7418 ARCHIBALD, LLC May 13, 2015 Page 5 • 13) Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. 14) Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. 15) Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. 16) 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. 17) Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. 18) Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 19) 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 PM,o emissions, in accordance with SCAQMD Rule 403. 20) 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. Long Term Project Operational Impacts 21) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 22) Provide preferential parking to high occupancy vehicles and shuttle services. 23) Schedule truck deliveries and pickups during off-peak hours. 24) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 25) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 26) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 • measure. Item F—K151 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545 —7418 ARCHIBALD, LLC May 13, 2015 Page 6 27) 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. 28) 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). 29) All industrial and commercial facilities shall designate preferential parking for vanpools. 30) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 31) 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. 32) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 33) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 34) 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 PMz.s and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. Biological Resources 1) Prior to issuance of a Grading Permit, a nesting bird survey that is in conformance with the Migratory Bird 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 the young. 2) Prior to issuance of a Grading Permit, a Burrowing Owl Survey that conforms to the Department of Fish and Wildlife Staff Report on Item F—K15.2 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545 —7418 ARCHIBALD, LLC May 13, 2015 Page 7 Burrowing Owl Mitigation shall be submitted to the Planning Department for review. The survey shall include a habitat assessment, survey and impact analysis. 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 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) 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. Item F—K153 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545—7418 ARCHIBALD, LLC May 13, 2015 Page 8 • 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). 0 Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Archaeological Information Center for permanent archiving. Geology and Soils 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.. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o 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 PM,o 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 PM,o emissions. Greenhouse Gas Emissions Cumulative Short Term(Construction) GHG 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. Item F—K154 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545 -7418 ARCHIBALD, LLC May 13, 2015 Page 9 • 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 the construction crew. Cumulative Long Term (Operational) GHG Emissions 1) 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. 2) 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. 3) Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available ® and/or install the infrastructure to deliver and use reclaimed water. Item F-K155 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545—7418 ARCHIBALD, LLC May 13, 2015 Page 10 • 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. 4) 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 Construction Activities 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the - maximum extent practical. - 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Encompass Associates (August 4; 2014)to reduce pollutants during construction entering the storm drain system to the maximum extent practical. Item F—K156 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545—7418 ARCHIBALD, LLC May 13, 2015 Page 11 Post-Construction Operational 6) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Encompass Associates (August 4, 2014) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 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) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New ® Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 9) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise Exterior 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly ® operating and maintained mufflers consistent with the manufacturers' standards. Item F—K157 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545—7418 ARCHIBALD, LLC May 13., 2015 Page 12 3) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 4) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 5) The construction contractor shall obtain the City's approval for its haul plan, with the planned haul truck routes avoiding residential areas to the extent feasible. 6) The construction contractor shall change the timing and/or sequence of the noisiest construction operations to.avoid sensitive times of the day. Interior 7) All windows and sliding glass doors shall be well fitted, weather- stripped assemblies and shall have a minimum sound transmission -- class (STC).rating-of 27. Air gaps and rattling-shall not be permitted.__ 8) All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths inch thick. 9) Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one-half inch thick. Ceilings shall be well fitted, well-sealed gypsum board of at least one-half inch thick. Insulation with at least a rating of R-19 shall be used in the attic space. 10) Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use. .A forced air circulation system (e.g., air conditioning) shall be provided, which satisfies the requirements of the Uniform Mechanical Code. 11) All bedrooms, when in use, are expected to contain furniture or other materials that absorb sound.equivalent to the absorption provided by wall-to-wall carpeting over a conventional pad. 12) 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. 13) 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 Item F—K158 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545 —7418 ARCHIBALD, LLC May 13, 2015 Page 13 • 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. 14) The perimeter block wall shall be constructed as early as possible in first phase. 15) 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015. ® PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, 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 13th day of May 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • ABSTAIN: COMMISSIONERS: Item F-K159 Conditions of Approval Community Development Department SV(ANCHOAMONGA Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Plannina Department Standard Conditions of Approval 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. A final acoustical -report shall be submitted for Planning Director review and approval prior to the • issuance of Building Permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 3. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of $729 prior to the issuance of Building Permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 4. In those instances requiring long term monitoring (i.e. beyond final certificate of occupancy), the applicant shall provide a written monitoring and reporting program to the Planning Director prior to issuance of Building Permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. 5. 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. Printed:5/4/2015 www.CityofRC.us Item F—K160 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 6. Copies of the signed Planning Commission Resolution of Approval No. 15-*, Conditions of Approval, 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. 7. Crime Free Multi-Family Housing Program - The owner shall cause the manager and any resident manager to complete the training for and enroll the project in the San Bernardino County Crime Free Multi-Family Housing Program. 8. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,260.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 9. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 10: For multi-family residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped- -areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from th. date of damage. 11. 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 for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 12. 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. 13. A minimum of 50 trees per gross acre, comprised of the following sizes, shall be provided within the project: 10 percent - 48-inch box or larger, 10 percent - 36-inch box or larger, 10 percent - 24- inch box or larger, 70 percent - 15-gallon. Based on a site area of 2.25 acres a minimum of 113 trees shall be planted on-site. 14. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 15. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 16. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. www.CityofRC.us Printed:5/4/2015 Page 2 of 14 Item F—K161 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE- • Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Deaartment Standard Conditions of Approval 17. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 18. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. 19. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 20. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. 21. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang (e.g., over a curb stop). 22. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 23. Textured pedestrian pathways - and textured pavement across circulation aisles shall be provided • throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 24. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 25. Unless exempt, directory monument sign(s) shall be provided for apartment, condominium, or town homes prior to occupancy and shall require separate application and approval by the Planning Department and the RCFPD prior to issuance of Building Permits for the signs in question. (Chapter 17.74.040 B-4) 26. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 27. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department(RCFD) Standards. 28. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and Engineering Services Department 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. 29. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and Development Code • regulations. atyofRC.�s Printed:5/4/2015 . Page 3 of 14 Item F—K162 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30.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. 31. 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 Engineering Services Department review and approved prior to the issuance of Building Permits. 32. For multiple-family development, laundry facilities shall be provided as required by the Development Code. 33. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800) prior to the issuance of Building Permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 34. Occupancy of the facilities shall not commence until such time as all California Building Code and - State Fire Marshal regulations have -been complied-- with.- - Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Service, Department to show compliance. The buildings shall be inspected for compliance and fine, acceptance granted prior to occupancy. 35. 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. 36. 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 owners at least 30 days prior to the removal of any existing walls/fences along the project perimeter. 37. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of Building Permits. 38. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured products. 39. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. Engineering Services Department Please be advised of the following Special Conditions 1. Dedicate an additional 5' bringing in right-of-way for Archibald Avenue to 50 feet measured from th, street centerline. Printed:5!4/2015 www.CityofRC.us Page 4 of 14 Item F—K163 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - • Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 2. Provide written agreement with the adjacent south property regarding the proposed reciprocal access easement at the shared driveway and the closure of the existing northerly drive approach of the south property. The agreement shall be recorded prior to issuance of any City Permit. 3. The two separate parcels shall be merged. Standard Conditions of Approval 4. Archibald Avenue frontage improvements to be in accordance with City "Major Arterial Street" standards including: a. Remove existing curb adjacent sidewalk and reconstruct property line adjacent sidewalk. Match width of and transition to join existing sidewalk at north property line. b. Protect existing curb, gutter and street lights or provide improvements, as required. c. The driveway with median shall have two 20' wide drive aisles separated by a 10' wide median. The median shall not extend into the public right-of-way. d. Remove the existing driveways at the north and south property lines and the existing northerly driveway of the church and repair with curb and gutter. e. Protect or provide additional traffic striping and signage, as required. f. Provide curbside drain outlets per City Std. 107-B. 5. 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 percent of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first Building Permit application is submitted to the Building and Safety Services Department. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. 6. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 50 total feet on Archibald Avenue www.CityofRC.us 5/4/2015 www. Page 5 of 14 Item F—K164 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE- Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Deaartment Standard Conditions of Approval 7. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 8. Construct the following perimeter street.improvements including, but not limited to: Archibald Avenue Curb &Gutter A.C. Pvmt - - - . Sidewalk.._ Drive Approach. Street Lights Street Trees www.QtyofRC.us Printed:5/4/2015 Page 6 of 14 Item F—K165 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - • Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. En-gineering Services Department Standard Conditions of Approval 9. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first: b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: • 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Access ramps for the disabled 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 Manager prior to submittal for first plan check. 10. 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. Printed:5/4/2015 www.QtyofRC.us Page 7 of 14 Item F—K166 Project#: DRC2014-00545 DRC2014-00546, DRC2014-0054.7, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineerina Services Department Standard Conditions of Approval 11. 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. Archibald Avenue Botanical Name- Platanus acerefolia Common Name- London Plane Tree Min. Grow Space-7' Spacing-40' 0.C. Size- 15 Gallon Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to th City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. Street trees are.to be planted per public improvement plans only. 12. 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. 13. The developer shall be responsible for the relocation of existing utilities as necessary. 14. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 15. 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. 16. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of Building Permits. Fire Prevention 1 New Construction Unit Standard Conditions of Approval Printed:5/4/2015 www.CityofRC.us Page 8 of 14 Item F—K167 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - • Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval 1. On all Site Plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. 2. Fire protection water supply 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 the fire protection water supply plans are approved. 3. The required fire flow for this project is calculated gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with California Fire Code Appendix, as adopted by the Fire District Ordinances. The required minimum fire flow for this project may be reduced by 50 percent when automatic fire sprinklers are installed. 4. Public fire hydrants located within the immediate vicinity 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. 5. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. • 6. The current edition of California Building/Fire Codes, the RCFPfl Ordinance and Fire Alarm Standard 9 3 require most fire sprinkler systems to be monitored by a Central Station sprinkler monitoring system. A manual and or automatic fire alarm system may also be required based on the use and occupancy of the building. Plan check approval and a Building Permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standards. Refer to the specified documents for the system requirements. 7. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking,. specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 8. FSC -1 Public and Private Water Supply Design guidelines for Fire Hydrants: Reference the RCFPD Standard 5-10. 9. The required fire flow for this project is calculated gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with California Fire Code Appendix, as adopted by the Fire District Ordinances. The required minimum fire flow for this project may be reduced by 50 percent when automatic fire sprinklers are installed. 10. Mapping Site Plan: Must be in accordance with the RCFPD Standard 5-11. Prior to the issuance of a Certificate of Occupancy, a 81/2-inch by 11-inch or 11-inch by 17-inch Site Plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The Site Plan must be reviewed and • accepted by the Fire Inspector. .CityofRC.us Printed:5/4/2015 Page 9 of 14 Item F—K168 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE- Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval 11. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. Building and Safety Services Department Standard Conditions of Approval 1. Submit two sets of structural calculations, two sets of energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet"signature are required prior to plan check submittal. , 2. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan and reverse oun atlon'p an (when applicable); c. Floor Plan; d. Roof and Floor Framing Plan and reverse Roof and Floor Framing Plan (when applicable); e. Electrical Plans (2 sets, detached) including the size of 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., TT, CUP, DR, etc.) clearly identified on the outside of all plans. 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S). 6. The home must be equipped with automatic fire sprinklers in accordance with NFPA 13D. 7. Provide draft stops in combustible attics and concealed spaces, in accordance with CBC. 8. Provide draft stops in attics in line with common walls when required. 9. Exterior walls shall be constructed of the required fire rating in accordance with CBC. 10. Fire resistive construction of the multi-family dwellings shall be in accordance with the CBC. 11. Provide compliance with the California Building Code (CBC) for property line clearances considerin use, area, and fire-resistive construction. Printed:5/4/2015 www.CityofRC.us Page 10 of 14 Item F—K169 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - ® Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Building and Safety Services Department Standard Conditions of Approval 12. Provide compliance with the California Building Code for required occupancy separations. 13. Openings in exterior walls shall be protected in accordance with CBC. 14. Roofing material shall be installed per the manufacturer's "high wind" instructions. 15. Project shall comply with the accessibility requirements the current edition of the California Building Code 16. The Building and Safety Official shall provide street addresses after tract/parcel map recordation and prior to issuance of Building Permits. 17. Construction activity shall only occur in accordance with the times noted in Chapter 17.66 050 D-4 of the Development Code. 18. Prior to issuance of Building Permits for a new residential project or major addition, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Services Department prior to permit issuance. • 19. Submit pool plans to the County of San Bernardino's Environmental Health Services Department for approval. 20. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., TT, CUP, DR, etc.). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Services Department for availability of the Code Adoption Ordinance and applicable handouts. 21. Construct trash enclosure(s) per City Standard (available at the Planning Division's public counter). Grading Section Standard Conditions of Approval 1. Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. 4. A copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. Printed:5/4/2015 www.CityofRC.us Page 11 of 14 Item F—K170 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE- Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section - Standard Conditions of Approval 5. On engineered combination garden/retaining walls along the property boundary the structural calculations for the wall shall assume, a level toe/heel at the adjacent off-site property (i.e. a manufactured slope is not present). 6. A Grading Bond will be required to be submitted to the Building and Safety Services Department Official for review and approval prior to issuance of a Grading Permit. 7. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 8. All roof drainage flowing to the public right of way .(Archibald Avenue) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. 9. The final Grading and Drainage 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. 10. A separate Grading and Drainage 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 cute and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 11. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. 12. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 13. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage. shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. 14. It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct wall on property line or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 15. The Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted. California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 16.The Grading , and Drainage Plan shall implement City Standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 17. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. 18. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 19. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall t constructed per the, current adopted California Building Code. Printed:5/4/2015 www.CityofRC.us Page 12 of 14 Item F—K171 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - • Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 20. Roof storm water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 21. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 22. This project shall comply with the accessibility requirements of the current adopted California Building Code. 23. The precise grading and drainage plan shall follow the format - provided in. the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 24. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day - in - advance to request the following grading • inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 25. Prior to the issuance of the Certificate of Occupancy the engineer of. record shall certify the functionality of the storm water quality management plan (WQMP) best management practices (BMP) devices. 26. The Water Quality Management Plan (WQMP) shall include a copy of the project Conditions of Approval. 27. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 28. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number(WDID). 29. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent 30. Prior to removing fences or walls along common lot lines and prior to constructing walls along common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. www.CityofRC.us 5/4!2015 www. Page 13 of 14 Item F—K172 Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE- Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 31. Prior to the issuance of a grading permit the applicant shall provide to Building and Safety Services Director a copy of the City of Rancho Cucamonga's Memorandum of Agreement for Storm Water Quality Management Plan for review .prior to recordation of the document. The Memorandum of Agreement for Storm Water Quality Management Plan shall be recorded prior to issuance of a grading permit. 32. A Storm Water Quality Management. Plan (WQMP) shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan"shall be recorded prior to the issuance of a grading permit. 33. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 34. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. Printed:5!4/2015 www.CityofRC.us Page 14 of 14 Item F—K173 RESOLUTION NO. 15-37 40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR EXCEPTION DRC2014-00713, A REQUEST 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 IN CONJUNCTION WITH DESIGN REVIEW DRC2014- 00545 FOR A PROPOSED 24,641 SQUARE FOOT, 60-UNIT, THREE- STORY SENIOR APARTMENT COMPLEX ON 2.25 ACRES OF LAND IN THE LOW (L) RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD—APN: 0208-031-58 AND 0208-031-59 A. Recitals. 1. The applicant, 7418 Archibald, LLC, filed an application for the approval of Minor Exception DRC2014-00713 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Exception request is referred to as "the application." 2. On the 13th day of May 2015 the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. • 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 13, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 2.25 acres of land, basically a rectangular configuration, located on the west side of Archibald Avenue, south of Base Line Road. Said property is currently designated as Low Residential; and b. The project site is approximately 612 feet from east to west and 160 feet from north to south and is presently improved with a single-family residence; and C. The properties to the north of the subject site are designated High Residential and developed with an existing senior housing apartment complex (Villa Pacifica) and Office and developed with the Archibald Library. The properties to the west are designated Low Residential • and are developed with single-family residences. The property to the south is designated Low Residential and is developed with the First Baptist Church of Rancho Cucamonga; and Item F—K174 PLANNING COMMISSION RESOLUTION NO. 15-37 DRC2014-00713—7418 ARCHIBALD, LLC May 13, 2015 Page 2 d. The proposed project meets or exceeds all Development Code standards. As conditioned, the proposed senior apartment complex will meet all applicable Development Code standards for multiple family residential development. 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 Minor Exception is consistent with the General Plan or any applicable specific plan or Development Agreement. The proposed wall height increase is necessary due to a grade difference between project site and existing adjacent properties and is consistent with the residential nature of the Development District in which the project site is located. The additional wall height will provide privacy and security between the adjacent yard areas and neighboring project sites; and b. The proposed development is compatible with existing and proposed land uses in the surrounding area. The proposed project is compatible with the surrounding land uses as the project site is within the existing Low(L) Residential District and proposed High (H) Residential District,which will permit the development of multi-family residential structures. Additionally, there are residential development to the north (Villa Pacifica Senior Apartments), west (existing single- family residential), and east across Archibald Avenue (existing single-family residential). Combination retaining and garden wall heights over 6 feet are common where there is a grade difference between project.sites and neighboring.properties; and._ c. The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. There is an approximate 2-foot grade difference between adjacent properties and the project site, with the property to the west approximately 2 feet higher than the project site and the project site approximately 2 feet higher than the property to the south. The additional wall height along the west property line will allow adjacent residential properties to secure their private yard areas with a minimum 6-foot high wall. The additional wall height along the south property line will allow the applicant to maintain a minimum 6-foot high wall between the adjacent land uses; and d. The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to public health, safety or welfare or materially injurious properties or improvements in the vicinity. The approval of a Minor Exception is appropriate for proposed wall height increases within residential districts when there is a minor grade difference between adjacent properties. 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 Item F—K175 PLANNING COMMISSION RESOLUTION NO. 15-37 DRC2014-00713 — 7418 ARCHIBALD, LLC May 13, 2015 Page 3 • that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigation Monitoring.Program for the project; and 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 recommendation 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 a Minor Exception for an increase in the height of combination retaining and garden walls from 6 feet to 8 feet, along the west and south property line of a proposed 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), located on the west side of Archibald Avenue, south of Base Line Road -APN: 0208-031-58 and 0208-031-59. 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015. • PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Item F—K176 PLANNING COMMISSION RESOLUTION NO. 15-37 DRC2014-00713—7418 ARCHIBALD, LLC May 13, 2015 Page 4 BY: Ravenel Wimberly, 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 13th day of May 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Item F—K177 RESOLUTION NO. 15-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2015-00275, A REQUEST TO REMOVE 14 TREES, INCLUDING 3 HERITAGE TREES, FOR THE DEVELOPMENT OF 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), LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD; 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 the approval of Tree Removal Permit No. DRC2015-00275, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Removal Permit request is referred to as "the application." 2. On the 13th day of May 2015, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 meeting on May 13, 2015, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to approximately 2.25 acres of land, basically a rectangular configuration, located on the west side of Archibald Avenue, south of Base Line Road. Said property is currently designated as Low Residential; and b. The project site is approximately 612 feet from east to west and 160 feet from north to south and is presently improved with a single-family residence; and C. The properties to the north of the subject site are designated High Residential and developed with an existing senior housing apartment complex (Villa Pacifica) and Office and developed with the Archibald Library. The properties to the west are designated Low Residential and are developed with single-family residences. The property to the south is designated Low Residential and is developed with the First Baptist Church of Rancho Cucamonga; and ® d. The related Design Review application (DR C2014-00545) is a request to develop a 24,641 square foot, 60-unit, three-story senior apartment complex on 2.25 acres of land in the Item F—K178 PLANNING COMMISSION RESOLUTION NO. 15-38 TRP DRC2015-00275—7418 ARCHIBALD, LLC May 13, 2015 Page 2 High (H) Residential District(24-30 dwelling units per acre), located on the west side of Archibald Avenue, south of Base Line Road; and e. The trees are not designated as historically significant; and f. The trees are not noted in any Specific Plan/Community Plan or condition of approval; and g. The applicant has submitted an arborist report assessing the health of the individual trees. The applicant submitted an Arborist Report, prepared by Glenn Lukos Associates, February 27, 2015, which identifies that although the three (3) heritage trees are healthy, their location conflicts with the proposed building and associated site improvements, the trees are not suitable for preservation, and their removal will allow for the economic enjoyment of the property. The landscape plan demonstrates the three (3) heritage trees removed as part of this project will be replaced in kind with a minimum of three (3) 24-inch box size trees; and h. It is necessary to remove the trees in order to construct improvements which allow economic enjoyment of the property; and i. There are a variety of existing healthy trees in the neighborhood; the removal does not affect the established character of the area and the property values; and j. It is not necessary to remove the trees to construct required-improvements within the public street right-of-way or within a flood control or utility right-of-way; and k. The trees cannot be preserved by pruning and proper maintenance or relocation rather than removal; and I. The trees do not constitute a significant natural resource of the City. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan; and b. The proposed project is in accord with the objectives of the Municipal Code and the purposes of the district in which the site is located; and C. The proposed project is in compliance with each of the applicable provisions of the Development Code; and 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. 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 Item F—K179 PLANNING COMMISSION RESOLUTION NO. 15-38 TRP DRC2015-00275 —7418 ARCHIBALD, LLC May 13, 2015 Page 3 • 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 ("CEQK) 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 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; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and 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 recommendation 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. Planning Department 1) All applicable Conditions of Approval as contained in DRC2014- 00545, shall apply. 2) Section 19.08.100 of the Rancho Cucamonga Municipal Code requires that all heritage trees be replaced on a one-for-one basis, not less than 15-gallon size. 3) The replacement trees shall be planted on the same lot as the trees • that are being removed. Item F—K180 PLANNING COMMISSION RESOLUTION NO. 15-38 TRP DRC2015-00275—7418 ARCHIBALD, LLC May 13, 2015 Page 4 i 4) This permit shall be valid for a period of 90 days, unless an extension is requested in writing at least 14 days prior,to the expiration. date. Where this permit is associated with development, the effective date begins and the 90 days shall start from the date of final map recordation or building permit issuance, whichever comes first. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, 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 13th day of May 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Item F—K181 PLANNING COMMISSION RESOLUTION NO. 15-36 DESIGN REVIEW DRC2014-00545 —7418 ARCHIBALD, LLC May 13, 2015 Page 3 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 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; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and 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 recommendation 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 Conditions of Approval, attached hereto and incorporated herein by this reference. Planning Department 1) The approval of Design Review DRC2014-00545, Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275 shall be effective upon approval of General Plan Map Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, and Development Agreement DRC2014-00610 by the City Council. 2) The applicant shall permit a member of the Gabrieleno Band of Mission Indians, or their designee, on the project site for Native American Monitoring during any ground disturbance or grading operations of the project site. W\ Conditions of Approval �. i CUCAMON GA Community Development Department Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. The applicant shall design the project and use to conform to the provisions contained in / Development Agreement DRC2014-00610. 2. The applicant shall work with the First Baptist Church located south of the project site to develop a shared driveway access as depicted in the Agreement to Enter Into an Easement Agreement. Standard Conditions of Approval 3. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 4. A final acoustical report shall be submitted for Planning Director review and approval prior to the issuance of Building Permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 5. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of $729 prior to the issuance of Building Permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 6. In those instances requiring long term monitoring (i.e. beyond final certificate of occupancy), the applicant shall provide a written monitoring and reporting program to the Planning Director prior to issuance of Building Permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. wm.QtyofRC.us Printed:5/11/2015 e Project#: DRC2014-00545 DRC2014-00546, DRC2014-00547, DRC2015-00275 Project Name: Villa Pacifica II Location: 7418 ARCHIBALD AVE - Project Type: Design Review General Plan Amendment, Tree Removal Permit, Zoning Map Amendment ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 41. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. Engineering Services Department Please be advised of the following Special Conditions 1. Dedicate an additional 5' bringing in right-of-way for Archibald Avenue to 50 feet measured from the street centerline. 2. Provide written agreement with the adjacent south property regarding the proposed reciprocal access easement at the shared driveway and the closure of the existing northerly drive approach of the south property. The agreement shall be recorded prior to issuance of any City Permit. 3. The two separate parcels shall be merged. Standard Conditions of Approval 4. Archibald Avenue frontage improvements to be in accordance with City "Major Arterial Street" standards including: a. Remove existing curb adjacent sidewalk and reconstruct property line adjacent sidewalk. Match width of and transition to join existing sidewalk at north property line. b. Protect existing curb, gutter and street lights or provide improvements, as required. c. The driveway with median shall have two 20' wide drive aisles separated by a 10' wide median. The median shall not extend into the public right-of-way. d. Remove the existing driveways at the north and south property lines and the existing northerly driveway of the church and repair with curb and gutter. e. Protect or provide additional traffic striping and signage, as required. f. Provide curbside drain outlets per City Std. 107-B. 5. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of Building Permits whichever occurs first. . Formation costs shall be borne by the developer. www.CityofRC.us Printed:5/11/2015 Page 5 of 14 PLANNING COMMISSION RESOLUTION NO. 15-36 RezoxA DESIGN REVIEW DRC2014-00545—7418 ARCHIBALD, LLC May 13, 2015 Page 3 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 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; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and 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 recommendation 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 Conditions of Approval, attached hereto and incorporated herein by this reference. Planning Department 1) The approval of Design Review DRC2014-00545, Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275 shall be effective upon approval of General Plan Map Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, and Development Agreement DRC2014-00610 by the City Council. r2 The applicant licant shall permit a member of the Gabrieleno Band of MissionIndians, or heir designee, on the project site for Native American Monitoring during any ground disturbance or grading operations of the project site. Grahn. Tom From: Carol Klusmann <ke6aua@gmail.com> Sent: Saturday, May 09, 2015 12:47 AM To: Grahn,Tom Subject: proposed plan,zone amendment for Villa Pacifica on May 13 Unfortunately, we will be out of town on the date relating to this meeting. We are vehemently opposed to the rezoning regarding the 3-story height of the building. We investigated adding on to our home in the past. We we told we could only add loft or skylight windows due to privacy of neighbors back yards. You cannot look down into other peoples property as it invades their privacy. This rezoning would eliminate our privacy; even inside our rooms. We keep our drapes open on that side of our house every morning to take advantage of the sun. We have lived at this address for 45 years. This will also possibly increase the escape route for vandals and thieves from nearby businesses. We have no issue with senior housing as we are seniors ourselves; but value our privacy in our bedroom as well as our backyard. Two stories were fine for the first of Villa Pacifica apartment complex as long as talltrees would ensure privacy but this is much higher. Thank you for your consideration. John and Carol Klusmann 7415 Klusman Ave Rancho Cucamonga, CA 91730 909-987-4192 dIOPK i Rancho Cucamonga Circulation Master Plan for Bicyclists & Pedestrianslot =T. m r Planning Commission Meeting May 13, 2015 RANCHO CUCAMONGA