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HomeMy WebLinkAbout2015-11-10-Agenda Packet-PC-HPC 0 THE CITY OF RANCHO CUCAMONGA A SPECIAL MEETING OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION NOVEMBER 10, 2015 - 7:00 PM Rancho Cucamonga Civic Center COUNCIL CHAMBERS 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER OPledge of Allegiance Roll Call Chairman Wimberly_ Vice Chairman Oaxaca _ Munoz Macias Fletcher 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. • HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA aRANCHO NOVEMBER 10, 2015 O.vcA Page 2 III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION A. Consideration of minutes dated October 28, 2015 B. VACATION OF A 25-FOOT WIDE STORM DRAIN EASEMENT, LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND THE SR-210 FREEWAY(V-231)—CCI LOT 9 HAVEN LLC IV. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/orposted 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. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2015-00388 -LEWIS RETAIL CENTERS—A request to change the General Plan Land Use Designation for 10.94 acres of land from Low Medium (LM) Residential to Neighborhood Commercial (NC)related to the construction of a 100,135 square foot 9-building multi-tenant retail center located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan — APN's: 1089-031-15, 16, 35 and a portion of 1089-031-14. Related cases: Design Review DRC2015-00386, Victoria Community Plan Amendment DRC2014 00390, Tentative Tract Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2015-00390 - LEWIS RETAIL CENTERS — A request to change the Victoria Community Plan Zoning Designation for 10.94 acres of land from Low Medium (LM) Residential (4-8 dwelling units per acre) to Village Commercial (VC) related to the construction of a 100,135 square foot 9-building multi-tenant retail center at the northwest corner of Day Creek Boulevard and Base Line Road. The Amendment also includes changing the zoning designation for 4 contiguous acres of land from Medium (M) Residential (8-14 dwelling units per acre) to Low Medium (LM) Residential (4-8 dwelling units per acre)and a text amendment clarifying development standards—APN's: 1089-031- 15, 16, 35 and a portion of 1089-031-14. Related cases: Design Review DRC2015-00386, General Plan Amendment DRC2014 00388, Tentative Tract Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391.Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. OHISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA AC�oGn NOVEMBER 10, 2015 Page 3 E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM19637 - LEWIS RETAIL CENTERS —A request to subdivide 14.08 acres of land into 6 parcels of land on 10.08 acres of land for the purposes of developing a retail center and a 4-acre remainder parcel for residential purposes for a site located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan—APN's: 1089-031-15 and 16. Related cases: Design Review DRC2015- 00386, General Plan Amendment DRC2014 00388, Tentative Tract Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391.Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. F. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2015-00386 - LEWIS RETAIL CENTERS —A request for site plan and architectural review of a 100,135 square foot 9-building multi-tenant retail center that includes a 44,988 square foot major tenant building, a 15,207 square foot pad building, a 9,160 inline tenant building, two 7,560 square O foot inline tenant buildings, a 4,500 square foot inline tenant building,two 3,780 inline tenant buildings and a future 3,600 square foot inline tenant building on 10.94 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan-APN's: 1089-031-15, 16, 35 and a portion of 1089-031-14. Related cases: General Plan Amendment DRC2014-00388, Victoria Community Plan Amendment DRC2014 00390, Tentative Tract Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. G. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2015-00387- LEWIS RETAIL CENTERS—A request to operate a 100,135 square foot multi-tenant retail center on 10.94 acres of land for a site located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M)Zoning District of the Victoria Community Plan — APN's: 1089-031-15 and 16. Related cases: Design Review DRC2015-00386, General Plan Amendment DRC2014 00388, Victoria Community Plan Amendment DRC2015-00390 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. H. CONDITIONAL USE PERMIT DRC2015-00886 - BOONSEE THAI MASSAGE-A request to operate a massage establishment within a 834 square foot tenant space located at the northeast corner of Milliken Avenue and Kenyon Way within the Village Commercial (VC) District of the Victoria Community Plan at 11338 Kenyon Way, Unit B; APN: 1089-131-07. 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 O Guidelines as a Class 1 (CEQA Guidelines Section 15301)exemption,which covers existing facilities. ZHISTORIC PRESERVATION COMMISSION . AND PLANNING COMMISSION AGENDA RANCHO NOVEMBER 10, 2015 CUCAMONGA Page 4 I. CONDITIONAL USE PERMIT DRC2015-00613- ORCHID BEAUTY DAY SPA-A request to operate a massage establishment within a 1,448 square foot tenant space located on Foothill Boulevard east of Vineyard Avenue within the Community Commercial(CC)zoning district of the Foothill Boulevard Overlay District located at 9000 Foothill Boulevard, Suite 104; APN: 0208-101-17. 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 as a Class 1 (CEQA Guidelines Section 15301) exemption, which covers existing facilities. J. CONDITIONAL USE PERMIT DRC2015-00806—V SPA-A request to operate a massage establishment within a 936 square foot tenant space within the Neighborhood Commercial (NC) District located at the northeast corner of Base Line Road and Carnelian Street at 8800 Base Line Road, Unit C; APN: 0202-381-24. 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 as a Class 1 (CEQA Guidelines Section 15301) exemption, which covers existing facilities. K. CONDITIONAL USE PERMIT DRC2015-00848 — ROYAL SPA - A request to operate a massage establishment within a 1,395 square foot tenant space located within Planning Area 10 of the Rancho Cucamonga Industrial Area Specific Plan at the northwest corner of Milliken Avenue and 7th Street at 9090 Milliken Avenue, Suite 130; APN: 0209-272-28. 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 as a Class 1 (CEQA Guidelines Section 15301)exemption,which covers existing facilities. V. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION L. INTER-AGENCY UPDATES M. COMMISSION ANNOUNCEMENTS VI. ADJOURNMENT O 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 November 5, 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. O 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$2,584 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. 0 VicinityMap Historic Preservation and Planning Commission Meeting November 10 , 2015 -•---- - --tea•---.cFJ B Q2 � I S a r —• 1 o � d t ti Of 19th St Base Line Base Line J Church Church Foothill � Lk Foothill � l4 l� L•' m Arrow = A J rs ey t 8th w i C7 6th H 6th W s N H C-G a L ld7 4th a = � 4th 7� Meeting Location: J K City Hall/Council Chambers 10500 Civic Center Drive Item A: Consideration of minutes dated October 28, 2015 Item B: Vacation at northeast corner Haven and 210 Freeway Items C-G: Lewis Retail at northwest corner of Day Creek & Base Line Item: H: CUP for massage at Milliken Ave and Kenyon Way Item l: CUP for massage at Foothill Blvd east of Vineyard Item J: CUP for massage at northeast corner of Base Line and Carnelian Item K: CUP for massage at northwest corner of Milliken Ave & 7th Street THE CITY OF RANCHO CUCAMONGA THE MINUTES OF Jc'=Ho ONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION October 28, 2015 a 7:00 PM TO BE REVIEWED AND APPROVED AT • THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION MEETING ON DECEMBER 9, 2015 Item A STAFF REPORT ® ENGINEERING SERVICES DEPARTMENT Date: November 10, 2015 91 RANCHO To: Chairman and Members of the Planning Commission CUCAMONGA From: Dan James, Senior Civil Engineer By: Willie Valbuena, Assistant Engineer Subject: VACATION OF A 25-FOOT WIDE STORM DRAIN EASEMENT, LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND THE SR-210 FREEWAY (V- 231) — CCI LOT 9 HAVEN LLC — A request to vacate a 25-foot wide storm drain easement located at the northeast corner of Haven Avenue and SR-210 Freeway -APN 201-272-23 Related Files: DRC2008-00464, DRC2013-00811 RECOMMENDATION Staff recommends that the Planning Commission make the finding through minute action that the proposed vacation is in conformance with the General Plan. BACKGROUND/ANALYSIS DRC2008-00464 was approved by the Planning Commission on January 28, 2009, for the • development of two multi-tenant retail buildings with a drive-thru, located at the northeast corner of Haven Avenue and the SR-210 Freeway. On November 13, 2013, the Planning Commission approved the time extension of the project under DRC2013-00811. During the course of reviewing the project, it was determined that the existing storm drain easement was granted by the State of California to the City. With the City processing the vacation, the existing storm drain easement will become a private drainage easement which will be maintained by the property owner. The property owner will also have the option to construct a new storm drain within the easement around the proposed building and discharge to Haven Avenue. Chapter 4, Article 1, Section 8333 of the Streets and Highways Code allows for an easement to be summarily vacated when it was superseded by relocation and there are no public facilities within the easement. Respectfully submitted, Dan James Senior Civil Engineer Attachments: Vicinity Map Legal Description (Exhibit "A") Plat (Exhibit "B") • Item B —1 City of Rancho Cucamonga Engineering Division Vicinity Map 1 I . ...... ............ P a r 3 Par. I Par. ; ,--,17 P a r 1 1 ul- P a r. 2 .......... tt S T*T-E HWY 3-0- /B F W+E S Item: V. 23 Title: VICINlr*r 11AP Item B -2 Exhibit"A" Sheet 1 of 2 LEGAL DESCRIPTION FOR • VACATION OF STORM DRAIN EASEMENT That portion of Parcel 9 of Parcel Map 9416 in the City of Rancho Cucamonga, County of San Bernardino, State of California, as shown on a map recorded in Parcel Map Book 101, pages 53 through 55 inclusive, in the Office of the County Recorder of said County, lying within the southwest quarter of Section 25,Township 1 North, Range 7 West, San Bernardino Meridian,described as follows: COMMENCING at the southeast corner of said Parcel 9; thence along the northerly line of that certain property described in a Final Order of Condemnation, Case No. RCV 046430, to the People of the State of California recorded September 24, 1993 as Instrument Number 93-462537 of Official Records of said County, North 67°44'53" West, 129.771 meters (425.76 feet) to the POINT OF BEGINNING; thence Course "A",South 74°16'23" West, 69.885 meters (229.28 feet) to the east line of Haven Avenue (90.00 feet half-width) as shown on said Parcel Map; thence along said east line, North 00°05'02" East, 7.920 meters (25.98 feet) to a line parallel with and distant northwesterly 7.620 meters (25.00 feet) measured at right angles from said Course "A"; thence along said parallel line, North 74°16'23" East, 57.787 meters (189.59 feet) to a point on a non-tangent curve on said northerly line, concave southwesterly, having a • radius of 173.720 meters(569.95 feet),a radial line to said point bears North 20°12'13" East; thence along said northerly line, southeasterly along said non-tangent curve, 6.210 meters (20.37 feet), through a central angle of 02°02'54"; thence continuing along said northerly line, South 67°44'53" East, 6.316 meters (20.72 feet) to the POINT OF BEGINNING. There shall be no abutter's right of access appurtenant to the above-described real property in and to said Haven Avenue. This real property described has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's act. �g�OFpD.MF�& Signature O 9L �t J f eiter, LS#8217 + No $217 0 License expires 03/31/2017 * # Date 101'ot$jl5 of co.�.�FaP • EXHIBIT A Item B -3 EXHIBIT "B" SHEET 2 OF 2 SCALE: 1"=60' i " R=1�73.200m02M.37') 9.95') N2012'13"E (R L=6.210m VARIES - — _ _ SD EASEMENT DIRECTOR'S 6,316, DEEDED TO CITY OF RANCHO (262. P.O.B. W CUCAMONGA PER INST. NO. egg 59'� E'LY LINE 2009-0244759, O.R. 1m l Z OF HAVEN 5118 w AVENUE23'E (42S 1,1 4 N61 Q N1 16 Sl 4 6 2�9 28> 13610j; 44' W N00'05'02"E S (4 7.920, 46 Q a 48) (25.98 ) Lp APN 0201-272-08 w W CALTRANS R/W i a r� O J Lr)o �- - -'- - SR210F REEINAY Wg DF=RgMP I �QNpp LqkQ LEGEND: PROPERTY LINE — - - — INDICATES STORM DRAIN IL No O EASEMENT TO BE VACATED .r' AREA OF EASEMENT: 484.94 SF � CAL� POINT OF COMMENCEMENT P.O.C. POINT OF BEGINNING P.O.B. VA LPLAT FOR Exs>NU"G,>(C VACATION OF CIVIL ENGINEERING.LAND SURVEYING•LAND PLANNING 18D N. BENSON AVE, STE A, UPLAND, CA 91186 STORM DRAIN EASEMENT ")NE: (909) 982-4601 EXHIBIT B Item B -4 STAFF REPORT • PIANNINGDEPARTII'fENT ` l DATE: November 10, 2015 TO: Chairman and Members of the Planning Commission RANCHO FROM: Candyce Burnett, Planning Director CUCAMONGA BY: Tabe van der Zwaag, Associate Planner ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2015- 00388 - LEWIS RETAIL CENTERS — A request to change the General Plan Land Use Designation for 10.94 acres of land from Low Medium (LM) Residential to Neighborhood Commercial (NC) related to the construction of a 100,135 square foot 9-building multi- tenant retail center located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan — APN's: 1089-031-15, 16, 35 and a portion of 1089-031-14. Related cases: Design Review DRC2015-00386, Victoria Community Plan Amendment DRC2015-00390, Tentative Parcel Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2015-00390 - LEWIS RETAIL CENTERS — A request to change the Victoria Community Plan Zoning Designation for 10.94 acres of land from Medium (M) Residential (4-8 dwelling units per acre) to Village Commercial (VC) related to the construction of a 100,135 square foot 9-building multi-tenant retail center at the northwest corner of Day Creek Boulevard and Base Line Road. The Amendment also includes changing the zoning designation for 4 contiguous acres of land from Medium (M) Residential (8-14 dwelling units per acre) to Low Medium (LM) Residential (4-8 dwelling units per acre) and a text amendment clarifying development standards —APN's: 1089-031-15, 16, 35 and a portion of 1089-031-14. Related cases: Design Review DRC2015-00386, General Plan Amendment DRC2015-00388, Tentative Parcel Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM19637 - LEWIS RETAIL CENTERS — A request to subdivide 14.08 acres of land into 6 parcels including 10.08 acres of land for the purposes of developing a retail center and a 4-acre remainder parcel for residential purposes for a site located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan —APN's: 1089-031-15 and 16. Related cases: Victoria Community Plan Amendment DRC2015-00390, Design Review DRC2015-00386, General Plan Amendment DRC2014-00388, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2015-00386 - LEWIS RETAIL CENTERS —A request for site plan and architectural review of a 100,135 square foot 9-building multi-tenant retail center that includes a 44,988 square foot major tenant • building, a 15,207 square foot pad building, a 9,160 inline tenant building, two 7,560 square foot inline tenant buildings, a 4,500 square foot inline tenant building, two 3,780 inline tenant buildings and a future 3,600 square foot inline tenant building on 10.94 acres CtoG -1 PLANNING COMMISSION STAFF REPORT DRC2015-00386, DRC2015-00387, DRC2015-00388, DRC2015-00390 & SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 2 of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan - APN's: 1089-031-15, 16, 35 and a portion of 1089-031-14. Related cases: General Plan Amendment DRC2015-00388, Victoria Community Plan Amendment DRC2015-00390, Tentative Parcel Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2015-00387 - LEWIS RETAIL CENTERS — A request to operate a 100,135 square foot multi-tenant retail center on 10.94 acres of land for a site located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan — APN's:. 1089-031-15 and 16. Related cases: Design Review DRC2015-00386, General Plan Amendment DRC2015-00388, Victoria Community Plan Amendment DRC2015-00390, Tentative Parcel Map SUBTPM19637 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that the Planning Commission take the following actions: 1) approve Design Review DRC2015-00386, Tentative Parcel Map SUBTPM19637 and Conditional Use Permit DRC2015-00387 through adoption of the attached Resolutions; and 2) recommend that the City Council approve General Plan Amendment DRC2015-00388 and Victoria Community Plan Amendment DRC2015-00390 through adoption of the attached Resolutions and adopt the Mitigated Negative Declaration of environmental impacts for the project. PROJECT AND SITE DESCRIPTION: North - RCFPD Station 173 and Vacant Land; Community Facilities (CF) & Medium (M) Residential (8-14 dwelling units per acre) Victoria Community Plan South - Vacant Land; Regionally Related Office/Commercial (RR) (Victoria Community Plan East - Single-Family Residences; Low Medium Residential (LM) (4-8 dwelling units per acre) Victoria Community Plan West - San Bernardino County Flood Control District Maintenance Facility; Very Low (VL) Residential Medium (M) Residential (8-14 dwelling units per acre) Victoria Community Plan A. General Plan Designations: Project Site - Low Medium (LM) Residential (4-8 dwelling units per acre) (Existing Zoning) North - Low Medium (LM) Residential (4-8 dwelling units per acre) South - Mixed Use (MU) East - Low Medium (LM) Residential (4-8 dwelling units per acre) West - Low Medium (LM) Residential (4-8 dwelling units per acre) ANALYSIS: A. Prosect Proposal: The applicant proposes constructing a 100,135 square foot multi-tenant retail center on 10.94 acres of land located on the northwest corner of Day Creek Boulevard and Base Line Road. The project site is made up of 10.08 acres of land that is part of a larger 14.08 acre C to G —2 PLANNING COMMISSION STAFF REPORT DRC2015-00386, DRC2015-00387, DRC2015-00388, DRC2015-00390 & SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 3 parcel of land being purchased from the Successor Agency of the Rancho Cucamonga Redevelopment Agency and .86 acre of land being purchased from San Bernardino County Flood Control District. The remaining 4 acres of land that are part of the 14.08 acres of land purchased from the Successor Agency is being set aside for the future development of an affordable senior housing project. The .86 acre of land being purchased from the San Bernardino County Flood Control District will be used for the development of Pad B and to provide access to the project site from Base Line Road. The future building on the .86 acre parcel of land being purchased from the San Bernardino County Flood Control District will be reviewed at a later date when that purchase is complete, though this piece of land is being included in the project layout and is calculated into the total project size for purposes of the environmental review, total required parking and the related Conditional Use Permit. The project is oriented with the 44,998 square foot major tenant building angled towards the intersection of Day Creek Boulevard and Base Line Road. Three inline tenant buildings are plotted adjacent to the major tenant building. Additionally, two (2) pad buildings are plotted adjacent to Day Creek Boulevard and three (3) pad buildings are plotted adjacent to Base Line Road. The main pedestrian entrance will be at the Day Creek Boulevard and Base Line Road intersection and will include a large outdoor seating area with decorative arbors. Pedestrian access to the major tenant building will be provided along a tree lined walkway from the Day Creek Boulevard and Base Line Road intersection. Pedestrian access points will also be provided on Base Line Road, Day Creek Boulevard and Firehouse Court. The Firehouse Court pedestrian access point will serve as the main pedestrian connection to the proposed senior housing development to the north. A second pedestrian-orientated focal point is proposed at the southwest corner of Day Creek Boulevard and Firehouse Court and will include picnic benches, a drinking fountain and a bike rack/repair station and is designed to serve users of the Pacific Electric Trail to the north. Multiple outdoor eating areas are provided throughout the project. The project will take vehicular access from Day Creek Boulevard, Firehouse Court and Base Line Road. A new signalized intersection is proposed as part of the project on Base Line Road, approximately 600 feet west of the Day Creek Boulevard intersection. A secondary emergency vehicle access (EVA) point will be provided through the project site to the future senior housing development to the north. The San Bernardino County Flood Control maintenance yard will take access from Base Line Road through the project site and through an existing secondary driveway. The project has a Craftsman architectural theme that includes wood siding, stone veneer, exposed rafter tails and wood support structures. Each building incorporates multiple tower elements including a clock tower adjacent to the major tenant building. Decorative arbors and green screens with climbing vines are used to accent each building and tie the buildings together. Decorative paving is provided at each vehicle entrance and pedestrian crossings as well as at the outdoor eating areas. The drive through lanes will be screened by low walls and landscaping and will include concrete paving. A decorative bus shelter will be provided on Base Line Road and will carry over the design theme of the center. Trash enclosures will be constructed of split face block, decorative stone veneer columns, a decorative overhead trellis and a roll-up door. • C to G —3 PLANNING COMMISSION STAFF REPORT DRC2015-00386, DRC2015-00387, DRC2015-00388, DRC2015-00390 & SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 4 The project complies with all related Victoria Community Plan and Development Code requirements with the reduced setbacks permitted by the proposed Victoria Community Plan Amendment. The Victoria Community Plan is currently silent on building and parking setbacks. In the absence of specific setbacks, the standards in the Development Code would apply, which is a 45-foot setback along major boulevards, as measured from the curb face; however, as discussed below, the applicant is requesting consideration of a Victoria Community Plan Amendment to permit setbacks to be determined through the development review process. For the proposed project, the setbacks along the Base Line Road and Day Creek Boulevard range from 24 feet to 55 feet, as measured from curb face. A total of 506 parking spaces are provided on the project site, 5 parking spaces over the minimum requirement based on 1 parking space per 200 square feet of gross floor area. Landscape coverage is 18 percent, in excess of the 10 percent landscape coverage required by the Development Code. Parking Calculation Parking Ratio Tenant Area Re wired Parking Provided Parkin 5 per 1,000 s uare feet 100,135 square feet 1 501 spaces 506 spaces B. General Plan and Victoria Community Plan Amendments: The General Plan Land Use designation of the 10.94 project site is Low Medium (LM) Residential. The project site is within the Victoria Community Plan with a zoning designation of Medium (M) Residential. The applicant has submitted a General Plan Amendment to change the General Plan land use designation to Neighborhood Commercial (NC) and a Victoria Community Plan Amendment to change the Victoria Community Plan Zoning Designation to Village Commercial (VC), which is the Victoria Community Plan equivalent to the Neighborhood Commercial (NC) designation. The Victoria Community Plan Amendment also includes a text amendment which states that "building setbacks to be determined through the development approval process." The General Plan land use designation for the 4 acre parcel to the north of the project site will remain Low Medium (LM) residential. The Victoria Community Plan zoning designation for 4 acres will be changed from Medium (M) Residential to Low Medium (LM) Residential, in conformance with the General Plan. C. Conditional Use Permit: The Victoria Community Plan requires that shopping centers be approved by a Conditional Use permit (CUP). The CUP covers the layout and operation of the proposed commercial center. Future individual uses within the commercial center, including tenants with drive-thru lanes and land uses which require a CUP, will be approved on a case-by- case basis when they are submitted for review. D. Sign Program: The project includes a Uniform Sign Program (DRC2015-00391) which complies with signage standards for multi-tenant commercial centers as outlined in Table 17.74.080-1 of the Development Code. The Uniform Sign Program is included as an exhibit and will be approved by the Planning Director upon project approval. E. Design Review Committee: The project was reviewed by the Design Review Committee on October 6, 2015 at 7:00 p.m. The main issue raised by staff was whether the design of the Pad A drive-thru lane would conflict with the adjacent drive aisles when the maximum capacity of the drive-thru lane was exceeded. The Design Review Committee agreed with the applicant that the proposed stacking of 12 vehicles should be adequate. The Development Code requires that a C to G —4 PLANNING COMMISSION STAFF REPORT DRC2015-00386, DRC2015-00387, DRC2015-00388, DRC2015-00390 & SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 5 traffic engineer study the adequacy of the drive-thru lane stacking when the required Conditional Use Permit is submitted for review. The Committee also recommended that additional embellishments be added to the project which emphasize the City's wine making heritage. The applicant agreed to add winery themed elements and have a concept plan ready for presentation at the Planning Commission hearing. The Committee recommended that the project move forward to the Planning Commission for their review. F. Technical Review Committee: The project was reviewed and approved by the Committee on October 6, 2015. G. SB18 Tribal Consultation: California State Bill 18 (SB18) requires that the City send project notification to California tribal communities when a project proposes a General Plan or Specific Plan Amendment. California Assembly Bill 52 (AB52) requires that the City send project notification to interested California tribal communities when a project requires an Environmental Impact Report, Mitigated Negative Declaration or Negative Declaration. Notification was sent for both SB18 and AB52 on May 12, 2015. Staff also requested a Historical Resources Review from the South Central Coastal Information Center. That review (June 23, 2015) recommended that a Cultural Resources Assessment be performed on the project site. The applicant submitted a Cultural Resources Assessment (LSA; July 2015) which concluded that no previously documented resources were identified within the project area and no other cultural resources were identified during the field survey. Staff has not received comment from the tribal • communities contacted as of the date of this report. A standard mitigation measure is included in the Mitigation Monitoring Program requiring that grading activities cease and an archeologist be consulted if historic resources are found on the project site. H. 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 aesthetics, cultural resources, hydrology and water quality, noise, air quality, greenhouse gas emissions and geology and soils, 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, 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. A letter was received On October 27, 2015 from the California Department of Fish and Wildlife (CDFW) related to the Biological Resources section of the Initial Study. CDFW raised 5 issues related to the Biological Resources Assessment Survey submitted for the project (LSA - February 26, 2015). The issues raised were related to the San Bernardino Kangaroo Rat, Sensitive Species, Sensitive Natural Communities, Streambed Habitat and Nesting Birds. A copy of the CDFW letter was forwarded to the applicant's consultant (LSA) for their review. A response letter from LSA was received on October 30; 2015, which addressed each of the issues raised by CDFW. Staff has reviewed the CDFW comments and the response to these comments from LSA and modified an existing mitigation measure under Biological Resources shortening the period of performing a nesting bird survey prior to • grading from 10 days to 3 days. CtoG -5 PLANNING COMMISSION STAFF REPORT DRC2015-00386, DRC2015-00387, DRC2015-00388, DRC2015-00390& SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 6 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper with a large, 1/8th page legal notice, 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 Director CB:TV/Is Attachments: Exhibit A - Site Utilization Plan Exhibit B - Site Plan Exhibit C - Photometric Plan Exhibit D - Floor and Roof Plans Exhibit E - Elevations Exhibit F -Tentative Parcel Map, Grading Plan and WQMP Exhibit G - Landscape Plan Exhibit H - Design Review Committee Action Agenda for October 6, 2015 Exhibit I - Existing and Proposed General Plan Land Use Map Exhibit J - Existing and Proposed Victoria Community Plan Map Exhibit K - Victoria Community Plan text change Exhibit L - Initial Study Parts I, II, and III Exhibit M - CDFW Response Letter Exhibit N -Consultant Response Letter Resolution Recommending Approval of General Plan Amendment DRC2015-00388 Resolution Recommending Approval of Victoria Community Plan Amendment DRC2015-00390 Resolution of Approval for Tentative Parcel Map SUBTPM19637 Resolution of Approval for Design Review DRC2015-00386 Resolution of Approval for Conditional Use Permit DRC2015-00387 CtoG -6 I a ♦ , r\ \u / . — VILINIIv.JFY SIJN40 PALS TOTRAL6 E q�y,�y�, 9,fqq{Y .i .I 3bREN�E_ OLITH A4F M�4 it �y y NOTE! 7 2 ��y�ei +aN�I ., _ � .•1'- A •w n.n �,.,. .nu,+.n UTILITIES COMPANIES. m,en F^s, 5t DLA^ 'a 4H. I II i L 4J I IT hnrTri INTI I� y r > a r n- CML ENGINEER IL BASELINE ROAD -. - _ E .S NE SEE A H 1 ��T B[H SITE PIAN PoB SITE PROPER"OEV%OPER p1 DIMENSIONS AND SETBACKS qr'/ nr--,-1Y� Yp ( �F a j t YdI i }_p�"�' a ,gym r e -"4I1l '"y�wlkE�IEI 'E rul SITE UTILIZATION MAP I /^ ,�[L{p, �,y•, >� � +i 1 r qf� 3;'' ai ,� TENTATIVE PARCEL MAP 19637 IN THE CITY OF RANCHO CUCAMONGA, SCALE 1.FEET COUNTY OF SAN BERNARDINO STATE Of CALIFORNIA. ': .`1q„ '. ` ✓ ' a1 J�✓'Y 4 ,.,f IMPCII.M,S 14d ACflF9 fA09 {pL,CL WDJD#; N s p °. _SUBTT .. 'Lnren S'n ! ItIA ' y�{,�•,�.,��,.� j n 'itiy f G {{ii11+ _ _ .:.!'4`.dk:F:OYlAi^.w 3.• .n m6a! _ -_ ORC NUMBER ', SU-01 DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS N tK.KLL=TNOM 0.1 °°� NADEL ���MADOLE nsa s euiui%iiuo Pei ioois RANCHO CUCAMONGA, CA - � ""' nneee oLe: sPs oe.exe.oLu ! I Summary EXISTINGFIRE ror / r �� t r STATION�_.__ Land ±70.94 AC ±4 474 SF `` S �- — - ---L�--- Pd parcel ±10.08 AC ±439,013 29 SF B f ' a0 3 SF i COU I ,�¢� Ex.Esmnt. x0.17 AC 27,211 SF PROPOSED RESIDENTIAL / - - 4.0 ACRES < �,, Build O ing 100,135 SF QJ 1 ! � fd¢[fl , -........ r, aw �F ���` ❑ vn -p1V Land-to-Bldg Ratio 4.13 Coverage 21 % i ,I �"g Parking Provided 506 stalls 00 y ;' MAJOR 8 — _ Parking Ratio(provided) 5.0/1000 DRUG AA - �I gi '/` 15,207 SF SHOPS3 k ,- ..... ------" Parking Required 500 31780 SF w Parking Ratio(required) 5.0/1000 r� f F'apef D J gy p�\0p �S 6 ^s illil� w.rwwnu..�.urwxerrnrornn Lu I az Tf 00 r r Q s W ¢ �,�Cx cc „oP4 / y/r ❑ �:.i LEGEND_ .... ' zs FIRE ACCESS RADIUS S � �I E LL LL > '�I ■�����■ PEDESTRIAN ADA ACCESS it -- QOry sr� ' w. , .r.uwwxwv.,.,xo,m¢rcwrrmua,reuuuvuvunnrux r.a vu rrtwuwurr.wvwenror+w..mx,rr,ewnanmcumn�rn,n arw.'xrr¢erss-w„ wri 1°", ¢ux ¢a,m, , -. _. r�nmrwwry¢uu¢umo-,eww.w>xrwwmmxw¢suwMre n' �v -.a m-r uY.,m ___ wxu uununRnrovw¢nrun,ews.wrm.vocwnwc.u,xnnerw 1 nrorr[cnunr.mnvxrrwuroonrm,nk W.,xnru.nwc __ ___ orwur.rcrorvwrwucnr Mrlr[fx ra _ Ji BASE LINE ROAD -- -- - - r .uconm.,ur, DAY CREEK MARKETPLACE Lewis Retail Centers �¢ ofl�1mwe o, ,.u,G„ RANCHO CUCAMO N GA, CA. A Member of the Lewis Group of Companies a :r¢ . r¢., ¢r EXISTING FIRE m,r�yg5gmf L — � sTs .�- _ y 'COURT- PROPOSED RESIDEWAL 4.0 ACRES MNOR B .. oavc 1 15,207 St- --- lil --- 0P OC o: P i Ljj LIJy Q / / vhf / \. �W Ij//: FIRE ACCESS G C I QQ' r. YI•�l [.. S 7iz s o � -------------- -------------------------------------------- BASE LINE ROAD — -., —�---- —--------- — — — ------------------------------------ % -- Sp— � . � DAY CREEK MARKETPLACE FIRE ACCESS PLAN Lewis Retail Centers RANCHO CUCAMONGA, CA. A Member of the Lewis Group of Companies T1°:e i mrwcco. .4: ...... 906 Typ.Parking Boy(DbI ktjipirgL__L 90jPqrkmg @ End Planner(Dbl Striping) TWk.1 Elike R.& Typical Site Light Pioure Typical Site Light Foundation A A if�m, is ,os., s� @) IT -93 Trash End...,.Screen Wall Trash Endosum Door&Joeab Dfl, @) Is' 50 T,.�h Eael.n,—Ele�.fl.ns Trash Enclosum Plan Trash Enclosure Door Sill pits. .... --1 1—11— 1-,.s— SP- 1 .2 rkaT 11,1 3'-C'&6'.0"Ht.S�r..a Wall DAY CREEK MARKETPLACE Lewis Retail Centers N H 0 11 A Member of the Lewis Group of Companies RANCHO CUCAMONGA, CA. .err qL ._. _. I a IOU h , 0 _. NOT FOR CONSTRUCTION P�9iNy I I I�1Fun N♦ _. .. + - ,.1 .� � Mwinxtmxtwittx�Fx ry eeK�oum,Fup SITE PHOTOMETRIC PLAN DAY CREEK MARKETPLACE Lewis Retail Centers mPa LOS F ,R 091NAElE9.G A Member of the Lewis Group o(Companies *.mo emsm P.mo.9ano ez RANCHO CUCAMONGA, CA. SCHEME TNM.w° °° e 7� .- l SHOPS 1 - FLOOR PLAN SHOPS 1 - ROOF PLAN O ; C� U O c) 8 C) O C) O I C� 8 + 0 O i ' l ar. n. e •vx 5 - n eEll m-am-r SHOPS 5 - FLOOR PLAN SHOPS 4 - FLOOR PLAN SHOPS 2 & 3 - FLOOR PLAN `- Ld J J e� SHOPS 5 - ROOF PLAN SHOPS 4 - ROOF PLAN SHOPS 2 & 3 - ROOF PLAN rh . . PRELIMINARY FLOOR & ROOF PLANS— SHOPS 1 , 2, 3, 4 & 5 A-01 RANCHO CUCAMONGA, CA DAY CREEK MARKETPLACE „m M " I LZp :: C :_. rl n_. If p _ — dip tGagm.'.goo c)}- n Y Y ty s- O I CVS - FLOOR PLAN -- 4 -- _ -- E ------a ---� STATER BROS - FLOOR PLAN PRELIMINARY FLOOR & ROOF PLANS- STATER BROS. & CVS n'' A-02 DAY CREEK MARKETPLACEBOOS NHDEL RANCHO CUCAMONGA, CA ..I M x oo T SHOPS', IAARKFT SHOPS PATIO SI IOPS 3 ti SHOPS 1 SOUTH ELEVATION SHOPS2 ,. 0 0 G) A rig E 1 MAJOR A, SHOPS 1 ,2 &3 - EXTERIOR ELEVATIONS Nfl0F[ DAY CREEK MARKETPLACE Lewis Retail Centers .... RANCHO CUCAMONGA, CA. A Member of the Lewis Group of Companies '""""""""""" SHOPS3 SHOPS2 • • SHOPS rr) -G- Ln 1Lv-^ MAJOR •' E2 MAJORA, SHOPS 1 - EXTERIOR ELEVATIONS "„ NOR DAY CREEK MARKETPLACE Lewis Retail Centers RANCHO CUCAMONGA, CA. A Member of the Lewis Group of Companies ”""" f i�. 11 A�� .•I � SHOPS 4-NORTH ELEVATION SHOPS 4-SOUTH ELEVATION n h O qI. I 1 / .. LL Oo - - �v) 41..4P SHOPS 4-WEST ELEVATIONn. . .. ... SHOP 5 l L 7,560 S.F. JI E3 SHOPS 4 — EXTERIOR ELEVATIONS NRUE[ DAY CREEK MARKETPLACE Lewis Retail Centers RANCHO CUCAMONGA, CA. A Member of the Lewis Group of Companies ^""" `" SHOPS771-1 • SHOPS n 0 0 - - 1 Oo SHOPS 5-NORTH ELEVATION SHOP 5 l 7,560S.F. -- '`- - E4 SHOPS 5 - EXTERIOR ELEVATIONS Nfl0F[ DAY CREEK MARKETPLACE Lewis Retail Centers RANCHO CUCAMONGA, CA. A Member of the Lewis Group of Companies "'"""'"""""^ Ly 3 .. MAJOR B-SOUTH ELEVATION MAJOR B-EAST ELEVATION n 0 i 00 _ .. _. MAJOR B-NORTH ELEVATION MAJOR B-WEST ELEVATION r ~" E5 MAJOR B - EXTERIOR ELEVATIONS N R D E t DAY CREEK MARKETPLACE RANCHO CUCAMONGA, CA. Lewis Retail Centers L A Member of the Lewis Group of Companies Lj J _11-:77- PAD A-EAST ELEVATION PAD A-NORTH ELEVATION PAD A-SOUTH ELEVATION n r i . ,v v..,. t PAD A-WEST ELEVATION rig E6 TYPICAL PAD - EXTERIOR ELEVATIONSMf[um NH011 DAY CREEK MARKETPLACE Lewis Retail Centers RANCHO CUCAMONGA, CA. A Member of the Lewis Group of Companies -- - --------- - -- - - -- -- - --- LLRaXD A1BAE BOa1H P EM SITEs• T - EASELNEROD OETAIL I I I nETUL_.W � FAI �- e IIIIIII� _ `�P I •_ ..m` PAIICB'4 are v&BdIE ROAD p4 NET ESAilp9 NO 173 OMAIL e' Y WCe 21 L? 1 \ _ I. •�. iur uue 19 %4 C YMAP u. r�E.. f a, M e PLCLE'v "a _ r I I a.u, C�(90U.EVNU I IN OSP ,aww....,._.w,_,,.,rw. ansae,=HOAo �ID PNif85 y*P.p v, z URIIES GCIPRB� 4T, ' ' 1, op �P PNICaR Ea.- ", 1-- T wwnrm - - '• �� r MN.1.1-1'.11ll Ub}U]iS TENTATIVE PARCEL MAP 19637 } PAPw1 8L IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SANBEERNANoINO, STATEOFCALIFORNIA NLVXFP[DM�MC ut — - + R,RoFnvwcEl nynv n.AA ._-•1, PIJICa _ � mwxnu. r W010�: �- I _ ..- --'-- -_ _... . .u. _____` -... _...--- .- .____• - ww u.m.unrm `ORC NUMBER � T O1 NADEL DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS XXEff 9SUEW EXx..0 195E 5.BOXES EP..5°UPIX R009 �Ic�MA��E,r nrrwen.w,w„ss LOS.XEf IfS.f.900x5 RANCHO CUCAMONCA, CA .ufuwe ES xK Mws EXwX w ewrexXs �..............pN'�� x.5ro.exE.ErEY e.no.eu.ole5 .rr.�+m rr.xMXwccov �J .. IT E _ \ I/ J" 1 I -PROLECTSITE N � p� 1 .. � ' PYoroxupfp _ s ax �� ,J �• �- twNw DRUG I e VICINIMAP t �Fp ""hh, u rsx°ioxT )�hso I,, _ LEGEND — ' 151 I IT ._ ax.ar. a �� � uxrw.m IT or AIII- 0 IT 4 LM v•v 9� 4 y W xoTE d G . a u r�� .y rj� i .. °( n P sHDP7—' r' .w l'— � Q rws ° , n' s .. IEAART� .w .� N Q gA aaI onSURe NuuacR zozs tf'rfy(Iy.\1Ll TT .•A 1 PADA L r SHOP, ri 'L -/M� NDEEA rl=)I 1 w J a rr- 0 4 `$ 'ftl DI ARCH SITE PUN AGN SITE L is l I DIMENSIONS AND LAINSETBACKS. n NO CONCEPTUAL I BASELINE ROAD _ _- __ __ GRADING PLAN --------.:r ___ _ __.__ TAIL PURPOSES --- - FOR RE POSES R -- - - - — -- - 'C� TENTATIVE PARCEL MAP 19637 L � r - COUNT VIN OTTHE CITI OF R[RNAflANCH CSTAUCAMOCALIPoRHIA er xc f AC rrx Yc -_ .roxr ox or rxr sw 1 s .. .w,w. 1. YU'�T�ILIRH�Eg]S�COMPANIES CIVILENGINEER _PROPER_tt OWNER I DEVELOPER u.R<N,m15 uax¢Al;LA.S uvorxm mt �V4'IYr,L.vw[ ,x mR[, - omun[xe u b A PLNYNOLP INICII x. Nr .r,x..II..,, N I.AOU r1".1.111.IFJs CG-01 _ RCENOMI I.I. OT ONKI RANCHOraw r..T__ o fxf.x A Y,x,r..,xxxr r.N,,.wr ws : v:Mrx..x w. ... wDIGp NADEL DAY CREEK MARKETPLACEr LEWIS RETAIL CENTERS « x'°"91001°YY""` �MADOLE,,,,,,,,,,.,,,.,,„.,n 1»o s.euLOS AICEUS,v:94115 CUCAMONCA, CA A uLuxr or ne Irwrs G.a couru,as r.U.,ME II 1.)m.us IUl • M10[4YC.f0Y 1 xo yv BAEEIlE RDAD @p�lj�E ROAD u 4v xllr • _ _ .. ww s un • C n (1 0 BA9EIA�E.FAAD G'1 tL DRC NUNBER 3015- DAY d'B914]'QHO SUBii NOTE: SEE ARCH SITE PUN FOR SITE DIMENSIONS AND SETBACKS. M CONCEPTUAL GRADING PLAN FOR RETAIL PURPOSES TENTATIVE PARCEL MAP 19637 IN THE CITY OF RANCHO CUCAMONGA, I� ,µ uM r- -� • e COUNTOF SAN DERNARDINO. STATE OF CALIFORNIA .11.A .1111.Of IME CAI COT,lx } K.pA..SBM m • �/ ! L _ /-nun• —_ _ _ __ J_- J ___ NAMCM,xU�S A OB ACHES GPU55 'UMU(p(U LOI _17d I MM`Alp Pdp[EL CC-02 DAY CREEK 6CI. APD DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS ((( YIU YN(...A NADEL 199U 5.BUMUi OA.(OUAtN M1OON L MLMEp ClIn Uw.S..I a CA.wrs MADO�E•"'"""""•"-*°" Los Axox¢s,a 9ooxs RANCHO CUCAMUNGA, CA � �p '� Lma.excolex .$lo.exe.elnz rw.xdonuucoN i SECTION B-B SECTION A-A su¢"'s SECTION C-C zu ,-s uxe rs e x e 0o w, r L FW vx %��,. •�.# SECTION O-D SECTION E-E - SECTIONS F-F R Lu SECTION G-G SECTION H-H SECTION 1-1 c - �' ��•"'� r `� URC NUMBER 3015- NOTE. SEE ARCH Sin PIAN FOR SITE AN DIMENSIONS AND SFIDACKS. SECTION J-J SECTION K-K CONCEPTUAL GRADING PLAN FOR RETAIL PURPOSES TENTATIVE PARCEL MAP 19637 u IN THE CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA a..Iwxr w cr ME sw l ssc m.'.HA.x uw see zols Moe aaEs cxoss s REMANDED. - n DEunwocx rAncEc SECTION L-L CG-03 DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS x.oElsluowo.E.wc. �1 ,DCI lata s.ea"A.0. I.ON. 'i". IFy' CL n MExzED a T E Urns Man Iv mue.x¢s N MADOLE..,,,,sem.,„,. 1As.xANus,a.Dazs CI RANCHO CUCAMONGA, CA �^ „p„_;, 5"C r.em.EZE.ouz I.suu mn Arxre�ru.�, ......zueerox PAP R' rz 1 i I Im.uo...i. P. A. 0 ��x�i• CA pP s 0 Adw MA A ..a.�... .s,.m... k CA w u.,�N w r. a _ G1 s x ION•M• N i DflC HUMBER 3015- uen BA wr LMEX d1T CA Hort: Al SEE ARCH SITE PUN FOR SITE DIMENSIONS AND SETDACKS. s rioryM;_x• CONCEPTUAL GRADING PLAN FOR RETAIL PURPOSES TENTATIVE PARCEL MAP 19637 IN LHE CITY OF RANCHO CUCAMONGA. COUNiY OF SAN RERNVRDINO.STATE OF CAUFORNIA HUK A PoPIgN OF THE 9w 1,SEG![.1.1X..UAR.GTH H.P.EO15 IlO9 A".H.,I B MURDER.G1 A RERMNOEN PARCEL CG-04 DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS N( ..1'..,DG HE.K. NADEL- RANCHO CUCAMONGA, CA A umYX rc IK LEm uua or<plVMps ma s.eu- " " -appy MADOLE lu ni •n_sn,an LOS AXCEIES.CA 9p03! 1.11O.tl[.plli i.llO.tlP,plpi YXrXY�ryY � FYY.XApF4[C.[pY AN YYX�IENXAKKLI PP ARE a SrYL S'A",ARPRIA, 410P'3 O �� ouw�rt a¢u( a¢uL w m •xXv asw w• uw I SEC�ION,P'� C uc s ry aw w OAr LP[Ert Plw, ; 'HOFS' HIS sraP[ o 7. SECTION"P' n ura— P-x O SHOP"I. PASA 3 0 c m s YSEOX[PON w +o" .rm sFrmrnwig —eeLR�"-um__ AS m CONCEPTUAL GRADING PLAN FOR RETAIL PURPOSES e� c �oxe x' TENTATIVE PARCEL MAP 19637 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN SELINARDINO• STATE OF CALIFORNIA P[WO A PMipN OF THE SW I.SE[.32.T.IN.,RAW,SON YAPCX,im5 111.NR6 A XYNPEMO LOI A ROMANCER PARCEL SXOP"1 SiAi[P BPOI X[PS Q PIgP R MI u¢rrt m <rwo• j•�vr� _ _ •• �.N•R _ _ NOTE. CG-05 ORC NUMBER T015- SEE ARCH SITE PUN FOR SNE SEUIDM•N• =DBR NADIL a- DIMENSIONS AND SETBACKS. DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS rr� NA°`L STUC"OX`•'ry C. 199P s.9u.1r 1 SON E.rto, MADOLE ,Y,N„„¢,„, m,,,n ms ARCE¢s,a s°au RANCHO CUCAMONGA, CA AYtvxx ar Tl<[[M awPwmYPAxvs �"oN r....=. ' r.no.uP.auL :no.ne.olu rrr.uo[mc.cov MSEuxE Raw i N MM RU � N veve sIME 3 roer.rn.r. n .. O BEY,i`pl ' Ll iWfINNCH LWRf DRUM p6 3015— \1• SUBR SECTION'0' NOTE. SEE ARCH SITE PUN FOR SITE DIMENSIONS AND SETBACKS. CONCEPTUAL GRADING PLAN FOR RETAIL PURPOSES TENTATIVE PARCEL MAP 19637 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA BCWG A ITAFT.01 ME.L SLC 19.T.IY.,111,1. MARCH.3015 IAM ACRES ON.0 6 NUYREPN LOT A NEY4NOER PANGEL CG-06 DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS RAottSILEU AE,NN' NADEL- 1990 S.9 UNDY OR..FOURTH FLOOR A E.H.YOF I.U.Ii IN.01 CWPMrtS MADOLE rnr rnrsuw war rn L03 AMG[IfS.CA 90015 RANCHO CUCAMONCAr CA ...,n., ;n.�."'."ILtn um.nc.auv R.NSIa.mc9le9 o[urt.roY SITE PLAN AND DRAINAGE AREA MAP PNo]ECTSTE COO I o i v �- �- MAJOR 'R' II VICINITY MAP — r I \ 4 iI. oMA1 —___-0C 9]SrAREA t1 . j r S P LEGEND: ( \4 MAS ' X210 WBSF � � •, �J as SHEETINOE% *am 1 � •_ N � �� 'GP' � i (>LV 5]SSCP WUI' Ek��fO1H5f � J - TILES 5 _ t— • ° 4'-+• -- __ PRELIMINARY WATER QUALITY MANAGEMENT PLAN `----- -'--- - —'' --- I FOR RETAIL PURPOSESPOSES TENTATIVE PARCEL MAP 19637 y_� _ --- --., IN THEN B N DINO, ATECUCOF CALIFORNIA_____ _ _ _ _ —_-�_-_'_T'-- --- -------------- -'-�--'�' E COONiY Of SAN BERNAPNINO. STATE Of CAL • 9A9aPE ROAD BE,XG.1 PoPipX Of TIE SWI 5[C ]3 1.M., MAFCH.1015 13.05 ACRES GWS 1 11.11111 LOT ACNE BUV AS-.11 CEPIr1.H A.I--1111 1111L 1119 RETAIL CENTER _ IISfi N'JP1H MW MAIN.1K.. _ � 16 1fBBYll.1 u4uND.CA 9179E 1—,o,K-1d r.............mx o.,L nLa. WGIMP•01 COHTACC Wµr MTCNELL �ORC NUMBER x015- P"M:I909I 999-671tl - •ywluK dX f SUBL ii .T.N NADEL DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS O( .01EO B1V0p ON Al C. nro s.Euxor oE,[OURIN ft..MADOLE,m m,a.,,.�,,,,,,,. 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V {q l yll l J IT II 1 I ; 0 O NOTE: • ry PROPOSED STORMTECH MC-6500 INFILTRATION CHAMBERS OR APPROVED EQUAL LID ltijf v111p I �1 LEMS RIYSOH MfJPBUJXE ND 11Y'ECMNi _.• '••:•^"�:•- / �,,._„"... 'I WIS RETAIL CENTER ...r_ "......,. 1156 n'JHI11 IlJlrvl/JN nK uRp,im..owy.F�.yl t r it TI ID.fA. 'AI -' 1 i(.WLR 11-1FL. ' LN_(','IT SAY-blltl PRELIMINARY WATER QUALITY MANAGEMENT PLAN Yi rFOR RETAIL PURPOSES ^ StormTech .,,.,�.._,,._. Ids - �i, TENTATIVE PARCEL MAP 19637 IN THE CITY OF RANCHO CUCAMO GA. ..'.]:1 ^^”""""'-""`••^ f.jaII 1 COUNTY OF SAN BERNARONO STATE OF CALIFORNIA - d ^'�"� "•^^^ `""'•-^ BIN.A FORPON 01 THE EW t SEC.3 11X.,PfiA SW rv , YAPCH.3015 A09 AIgCS LFOSf a xuy1Cw LOI WIMP-03 ORE NUMBER 2015- SUBTT n DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS W goo U..YOWNE.00 NRDEE na4 s.rvxxl 4x,. D.Ox nodi MADOLL �.;rurwv LO$AMERf3.EA 94015 RANCHO CUCAMONCA, CA Avnazq Or lxf¢Wrs uwP Or covEAx¢s "^^`. A "� ,m4.uA41xwvw.wioi'iiwi°poi TECHNICAL SPECIFICATIONS INSPECTION AND MAINTENANCE SCHEDULES VORTSENTflY HISPECTION AND MAINTENANCE GUIDE IN3L istl uN_SLMNG&AE5"NU NLE CLANDEREARE �) AAME= GREENTERAND, CONCENT, UNDER 4 _ -' -� -•- MAN 'RAcPWX[EPROCIESTLAE. PEmxPY xNmetx -....-. - ssmTERvL ARILESIM 1THAI t 1_r 1 xrR A. LARGUMODITICSTUNIANSTRAC.—I ERANT "cox s Ewhs„ESMUCHERIJAURCHATEMIAL :STEM will Ii _ :MORTC. - e'a: xxOWwPE° .oA .a E I _ 01 A-EA.....R TLE MY OTHER . [ .xY.;M N mAPe re I..:.RREm'-A OF i n a.ATwI RW.LE xExw I :• .. o-EFEDT..RUMORS W EmEaWrE MATERIALS A �[.M RY - _ ..--...... s :IP.TIERM.A.'ADETYEAunYYOSOACW1'ASPECT SYSTURRA Xu[u: CORRECT A-1 PUPING,PARY"TIONS,ETCWNTECH N FFEm9IOExv.FAHE.re1P1� xw lk9.RL. !-1 E mswwy ,xlpr9ExwYw nL"TERE.MYEEnA r+ ! 0 NOTE: PROPOSED PRETREATMENT:VORTSENCRY OR APPROVED EOVAL CHAMBER NSPECTION AND MANTE MANCE GUIDE O CATCH SASH NSERT NSPECTION AND MANIENANCE GUIDE msec�na a axc€Pc.�ML9 wP,%ax'wlr"r`E - svECT Gx A•xrexnx'SYDNNEY. , NAAn"N' _. ,wAE... _ OVOMM _ ne.o,Ytlx.vnoeEWXE9x R � Rr�4�REPAREz'Frn NPb 1 EMS RETAIL CENTER ".TITHEToxgr�RpAIR AS ux _e NOHIII xlI1NIFiN AVP. XALL PRI e}: IYnM1L r H1GX IyRIu)MtFAi AMC.pErnocEYunEi A yINM14 'XmF09u:O keOYEOIxiXEMANATE oixE90 re 'NSIL T�A1)11nII ,I DAMM—ME xYRIeY UE Au— ,I ANTED AND SAW-AAI lOE •'ll(li\'L\`lY)Y l� IC T,uEww,wxN-uk.TO GAG- - Ep_YE,mN,Yn OF WOPX AEXOPo,fO .I PEMWePAMWLEcn¢ wNOOXrw YP xEP a1 pEYEASTR 'c AUSTROM'Eu E.vu:cEPECOpOSNu M'wYemsY.TEl 1.DIFre M°Cw EA-L w.I.S. vi IWtlPINOCA[CM6WxiMYEFEmeAND lu[YAk RGERYINGTHISGIMINGEReI ALLOY ApavEN AWUTxAY”,MAN TAMER IF LAYu NLA.( -FAA`pµo.TNEpxv[aacFRx�NSMNLl. MI VAGREAS,i Ria,mEmuEc,EOWrewA,SiROYux[R ,n[w AL NYfLL[En YETUE INGE.As. AT ILOAN-YEONE w[eE REPAVE.nv[rxE u9k O,A xE, ..AA'Al A HATEER ipOYOANIO n TXHE TERREwxE[o„Em[.WTENLkk9Ax.rLTA.RAP XIM. XRPe Lr PRELIMINARY WATER QUALITY MANAGEMENT PLAN NUET,9ta'xE-Ax.mxERrcews9xou,n xoT xk kxE0.0A0xETe.inAXEt POux,wo e1.,oexa.ow.P.`X�"E,:Y a.e AP.AxT..reE[R.Aw FOR RETAIL PURPOSES 9EwPExn9 "`.ppE`n"°"""`FTH . F- TENTATIVE PARCEL MAP 19637 NTO .mpuervpE AxYewltlm. 01 uwPECTYITATYE" rYimkw Eoue¢EWE" IN LNC CITY 06 RANCHO [UCAMONGA. e11xEAGAY STAFF.OE T,ETc'' •I wivEc, wr.E T.lOra9 weEWwE A..'. ISE...EAMERY. COUNTY OF SAN SMARTING, STATE OF CALIFORNIA SO EAuce A9xkcE99AxY. Popn°x OF•e. PLA.ATTAcx PYucxr[.,eps iOiNErtwEP'9Wrvx. BEING A THE M I.SEC.32,T.1"..ELY.SOY N.ANi CEia'P[nEA,u'` RpVUCEOMTA, p.CoA -ID AW tl SALE CA' xc E9TwT L --� xXxnl.xms u.0e ACRES mass s MADE ED m AT OEfER5�i 9EPVICEAARLD, T A pEwlryO[x PAPCEk IIIIIHII LEP-LCE WnxOLE c.uin.RY WQMP-04 I ORC NUMOEfl 2015-�� SOETT NRDE� DAY CREEK MARKETPLACE LEWIS RETAIL CENTERS f L'T""'°°"` '"` A. m0 s,,ux0[OR.,TOURxx, MADOLE,. A Ax IL [w voms RANCHO CUCAMONCA, CA L xnmN 11 na ww,.x.uP 11 ccw.xps ul0.Ez5.019E r.vO.nE.Ouz •rrA�rm P.x. rx.x.LOnAxu9P PLANT PAIFITF >wr� 00 ..r.. LL 0 0 urr..•....,.... StF'5i'_iC5.VA21fKt it : v I � e ,n I : ! I .-_� \\ woe•,re I w..... ...rr aFpO 'Nr A — rv,. •\ u.ya� �I _ er re.a arcw, ...nxa c `w i CONCEPTUAL LANDSCAPE PLAN Pr. DAY CREEK MARKETPLACE Lewis Retail Centers - : : RANCHO CUCAMONGA, CA. A Member of the Lewis Group of Companies ' LP-01 I SHOPS 4 I I r' I I •. o.Nlw TenLEs w uRaELLAs +E R "LT. TRELa I GC CENT POTS ,A-->RCATECAIRALPEATIREon" Y i SHOPS 5 G,T WAY TR 45 1 +' TME 1.EuRED CLT IGCti C'1_�\STER Rry-'ELI IDV 5,^. ELE/>'OV w1�,fDEcrPLscT.nE�e GATEWAY TRELLIS&ICON PILASTER ENLARGEMENT A.E ER.NG SCALE 1/2-=1'1 g NOGoVER PLMTING \- J V -- TRELLIS GA75 G>TfNAY4Y�4`LLIS O ggppppyyy _ STME VEN efRCO + � "I •. 'g{� TER4CLEG,CANTER$ 1. BASELINE&DAV CREEK CORNER ENLARGEMENT BASELINE&DAV CREEK CORNER ELEVATION SCALE 3/16'=1'-W PROJECT ICPI PILASTER - I —G SAL TiEI W/IiYI IELLAS // LARGE DELA TINE PLANTER DOTS — WTEN<Y TRELLIS —laJAR TREI.LA j i --STME VENEERED TERRACED PLANTERS W PROJECT SIGNAGE SE. BASELINE&DAY CREEK CORNER SECTION SCALE 3/16"=1'1 I o s o �a vo ✓� SGLESGLET� _��:YI �I CONCEPTUAL LANDSCAPE PLAN ENLARGEMENTS DAY CREEK MARKETPLACE Lewis Retail Centers F(jLP-02 RANCHO CUCAMONGA, CA. AMembeEoftheLewisGroupofCompanies i RIE R11151 RE11il 511-0, j -I-.R.(NG ECVATANP 1'J -PRIES -LW III III NAIL —T'+ERAT..PAVING.I. rRELLs PROJECT IWN PILASTERS, 0. � STRAW9ETREE REE RR1 T k � �P �r _may TRAILHEAD PLAZA ENLARGEMENT 3L A. —LESRSE SEATING r I , ,Y SHOPS T-o1n1NG PATO W /. W '�% �—G,mu wrio=ExcuOG TRAILHEAD PLAZA RENDERING i SHOPS 1 \ SHOPS 2 � DINING PATIO&PEDESTRIAN CONN ENLARGEMENT I N?. •,L.�T E. w. ,o. DECORATIVE ARBOR THEMATIC PATIO ENLARGEMENT SEALE.r�— CONCEPTUAL LANDSCAPE PLAN ENLARGEMENTS Lewisroup oirk DAY CREEK MARKETPLACE Lewis Retail Centers rye: Q A Member of the Group Companies ' ���—OJ RANCHO CUCAMONGA, CA. 1Y �e e r• 4s I 1 � _ YW� �AfYY :y3ri -•. 1�. STRAWBERRY IIICtr 4p11RALIAN WILLOW CRAPE MYRTLE MAGNOLIA CANARY ISLAND FINE CHINESE PISTACHE yr w CALIFORNIA SYCAMORE ':.I Lt2Y PEAR PURPLE-LEAF PLUM g PURPLE�ROBE LOCUST ]ELKOVA n , `Ye, K Vii• -. y „ �N � ,• :. , , a ��g A a �. J Lim ,113 W '^ moi•' // –_- - — A ti ALOE KANGAROO PAW DWARF Hot FFSTWAL CRA IRE \'dQIEL\TCD F1:Y IIYY ECHE EWA 'AFTERCLOW 1.i .kik '.'tl: . 1•I It N. a ` wv '�' Y BIDE FFSNE WOOLY C.I RFD YUCCA DWARF TEXAS RANGER PINK MUHLY FIREWORKS' FOUM'AN GRASS BLUE REDDER PENSTEMON NEW ZEALAND FLAX UPRIGHT MOCK ORANGE H�. 1 ' DWARF COFFEBERRY CARPET ROSE CREEPING ROSEMARY UPRIGHT ROSEMARY CLEVELAND SAGE BLUE FINGER COAST ROSEMARY PLANT MATERIAL IMAGE BOARD DAY CREEK MARKETPLACE Lewis Retail Centers I `� RANCHO CUCAMONGA, CA. A Member of the Lewis Group of Companies ..-. I-01 SITE FURNISHINGS Rflr i rr .J vim_ S. WABASH VALLEY WABASH VALLEY'FG' TEAK WAREHOUSE WESTMINISTER COLLECTION WABASH VALLEY WINCHESTER BENCH TRASH RECEPTACLE SERPENTINE BIKE LOOP WABASH VALLEY WINCHESTER WABASH VALLEY'FG'PLANTER �G DINING TABLE QUICKCRETE LB T PICNIC TABLE MOST DEPENDABLE DERO FIAT REPAIR STATION PAVING DRINKING FOUNTAIN SITE LIGHTING w �- #- 4 w - GP-9L ..,- 'ORC6 PTETRA- - SCOFIELD'WESTWOOD BROWN' -"' CIRCULAR THEMATIC PAVING INTEGRAL COLOR CONCRETE STAMPED ASPHALT PAVING ARROYO CRAFTSMAN'GLASGOW' SITE MATERIALS IMAGE BOARD DAY CREEK MARKETPLACE Lewis Retail Centers RANCHO CUCAMONGA, CA. AMemberofthe LewisGroup ofCompanies SMI-01 THE CITY OF RANCHO CUCAMONGA DESIGN REVIEW COMMITTEE ACTION AGENDA PRHO CUCAMONGA October 6, 2015 - 7:00 P.M. Rancho Cucamonga Civic Center Rains Room 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Roll Call 7:00 p.m. Regular Members: Richard Fletcher X Francisco Oaxaca X Candyce Burnett_ Donald Granger X Alternates: Ray Wimberly_ Lou Munoz_ Rich Macias_ Additional Staff Present. Tabe Van de Zwaag, Assistant Planner II. PROJECT REVIEW ITEMS The following items will be presented by the applicant and/or their representatives. Each presentation and resulting period of Committee comment is limited to 20 minutes. Following each presentation,the Committee will address major issues and make recommendations with respect to the project proposal. The Design Review Committee acts as an advisory Committee to the Planning Commission. Their recommendations will be forwarded to the Planning Commission as applicable. The following items do not legally require any public testimony,although the Committee may open the meeting for public input. A. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2015- A. DRC2015-00386 00386 - LEWIS RETAIL CENTERS — A request for site plan and Committee architectural review of a 100,135-square-foot 9 building multi-tenant retail recommended center that includes a 44,988-square-foot major tenant building, a 15,207- approval and square-foot pad building, a 9,160 inline tenant building, a 7,560-square- forwarded projectro PC with the foot inline tenant building, a 4,500-square-foot inline tenant building, two requirement that the 3,780 inline tenant buildings and a future 3,600-square-foot pad building applicant add on 10.93 acres of land located at the northwest corner of Day Creek historical/design 1 of 2 EXHIBIT H C to G —36 DESIGN REVIEW COMMITTEE AGENDA Rexoao CUCAMONGA October 6, 2015 Boulevard and Base Line Road in the Medium (M) Zoning District of the elements reflecting Victoria Community Plan - APN: 1089-031-15, 16, 35 and a portion of the City's wine 1089-031-14. Staff has prepared a Mitigated Negative Declaration of growing history, environmental impacts for consideration. Related cases: General Plan Amendment DRC2015-00388, Victoria Community Plan Amendment DRC2014-00390, Tentative Tract Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. III. PUBLIC COMMENTS This is the time and place for the general public to address the Committee. State law prohibits the Committee from addressing any issue not previously included on the Agenda. The Committee may receive testimony and set the matter for a subsequent meeting. Comments are limited to five minutes per individual. IV. ADJOURNMENT 7:32 p. The Design Review Committee has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Committee. 1, Jennifer Palacios, Office Specialist 11 with the Planning Department for the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was posted on September 23, 2015, at least 72 hours prior to the meeting per Government Code Section 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga. 2 of 2 C to G —37 50 3 General Plan Existing \ w i LOW MEDIUM RESIDENTIAL (4-8 du/ac) FLOOD CONTROL (FC) o W UTILITY CORRIDOR (UC) 00 Project Site LOW MEDIUM RESIDENTIAL (4-8 du/ac) arm MEG W13 -- OPEN SPACE (OS) �MIXEDUSE+(M�1) REGIONAL RELATED E/ COMMERCIAL (RRO/e)i////.//�/�//�' Co�yng'h6:J 20d^a Esn, 'Je L�ro,_, ,JPoUT� , m A0 75 300 I General Me Proposed ENS - -T LOW MEDIUM RESIDENTIAL (4-8 du/ac) FLOOD CONTROL (FC) n �°, UTILITY CORRIDOR (UC) —� w LD Project Site i NEIGHBORHOOD COMMERCIAL (NC) ' I om OPEN SPACE (OS) MIXED'USE,(MU) REGIONAL RELATED OFFICE/ COMMERCIAL fig'ht� A n,iD L F / Po T� . •i et M15o Victoria Community Plan Existing L Communiacility j i I FLOOD CONTROL (FC) ° MEDIUM RESIDENTIA (4- L 8 du/ac) 'a' A UTILITY CORRIDOR (UC) Project Site � � � I ' I I ------------ Go OPEN SPACE (OS) 000 MIXED USEOI REGIONAL RELATED OFF COMMERCIAL (RRO/C) IAO O 75 300 Victoria Commur, y Plan Proposed ,��''Community�FaciIi LOW MEDIUM RESIDENTIAL (4-8 du/c)� I FLOOD CONTROL (FC) MOM c) UTILITY CORRIDOR (UC) A Project Site VILLAGE COMMERCIAL (VC) I i OPEN SPACE (OS) �MIXED'USE (MU) REGIONAL RELATED OFFICE/ COMMERCIAL (RRO/C)�� COMMERCIAL STANDARDS General provisions for land uses designated as Regional Center, Regional-related Commercial and Village Commercial. Site Development Standards: (1) Building site coverage: No maximum subject to Development Approval Process (2) Building setbacks: To be determined through the Development Approval Process. (3) Building site width: 150-foot minimum (4) Building height: 65 feet typical maximum; buildings over 65 feet subject to a Conditional Use Permit Uses not permitted within the Planned Community: • Massage Parlors, except as conditionally permitted within the Victoria Arbors Master Plan. • "Adult' Entertainment Establishments Shopping Centers. To ensure that the goals and policies of the General Plan and Community Plan are implemented, a Conditional Use Permit shall be required for shopping centers. In such a review, the following criteria shall be considered: (1) The transition from more sensitive land uses and buffering methods to mitigate commercial activities such as loading, lighting, and trash collection; (2) The Center has been planned as a group of organized uses and structures; (3) The Center is designed with one theme,with buildings and landscaping consistent in design (similar architectural style, similar exterior building materials, and a coordinated landscaping theme); (4) The Center makes provisions for consistent maintenance, reciprocal access, and reciprocal parking:. (5) Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system; and (6) The development or approval of any portion of a center shall require the development of a conceptual development plan, which shall consider such things as, but not limited to, circulation, uniform architectural design, drainage/grading, buffers, phased improvements, and landscaping. Regional Center a. The following general categories of uses shall be permitted: (1) Retail businesses, including, but not limited to: • Department stores • Drug stores II EXHIBIT C to G —42 - � Print Foam ENVIRONMENTAL INFORMATION FORM (fart I o Initial Study) RANCHO (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) CUCAMONGA 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. GENE-RAL• INFORIWA TION: INCOMPLETE APPLICATIONS 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: Day Creek Marketplace and Residential Project Name&Address of project owner(s): Lewis Retail Centers, 1156 N. Mountain Avenue, Upland CA 91786 Name&Address of developer or project sponsor. Lewis Retail Centers, 1156 N. Mountain Avenue, Upland CA 91786 • EXHIBIT L Page 1 of 10 C to G -43 Contact Person&Address: Walt Mitchell VP Retail Project Development Lewis Retail Centers 1156 N. Mountain Avenue Upland, CA 9178 Walt.Mitchell@lewisop.com (909) 949-6718 Direct Name&Address of person preparing this form(if different from above): Carl Winter, Associate/LSA Associates, Inc. 1500 Iowa Avenue, Suite 200 Riverside, CA 92507 Telephone Number.' (951)781-9310 PROJECT • ' • 1 • Information indicated by an asterisk(')is not required of non-construction CUP's unless otherwise requested by staff. '1) Provide a full scale(8-112 x 11)copy of the USGS Quadrant Sheet(s)which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west; views into and from the site from the primary access points that serve the site,and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location(describe): Project site is located at the northwest corner of the intersection of Baseline Road and Day Creek Boulevard. 4) Assessor's Parcel Numbers(attach additional sheet if necessary): 1089-031-15,-16, -35, and a portion of 1089-031-14. `5) Gross Site Area(aclsq. ft.): 14.94 acre/637,771 sf '6) Net Site Area(total site size minus area of public streets&proposed 14.08 dedications): 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): GPA from Low-Medium Residential to Neighborhood Commercial and Medium Density Residential Victoria Community Plan Amendment from Village Commercial and Medium-High Density Residential Updated 4/11/2013 Page 2 of 10 C to G -44 ® 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 General Plan Amendment;Victoria Community Amendment(s); Conditional Use Permit; Design Review; Tentative Parcel Map 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 generally flat and level with an elevation of approximately 1,320 feet above mean sea level (amsl.) A drainage feature, originating from an on-site 24"diameter culvert near Firehouse Court, is present on the southeastern portion of the site. The site historically located on an alluvial fan and the on-site soils are a remnant of this condition. The site is moderately to heavily disturbed. The approximately 70% of the site that is vegetated consists of Riversidian alluvial fan sage scrub and ruderal vegetation. Ruderal species are dominant • along the site perimeter, which are the areas most disturbed. A mature canyon live oak is located on-site,just west of Firehouse Court. A biological resources assessment has been prepared for the project and a focused California gnatcatcher survey is in process. The site does not provide suitable habitat for the San Bernardino kangaroo rat. No structures are located within the site boundaries. • Updated 4/11/2013 Page 3 of 10 C to G -45 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information(books,published reports and oral history): Based on Figure 4.6-1 of the City's General Plan EIR, Baseline Road is identified as a"California Point of Historic Interest."This same reference identifies a "Rancho Cucamonga Local Landmark"in the general area west of Firehouse Court. Further investigation of the site's potential historic significance may be required. 11) Describe any noise sources and their levels that now affect the site(aircraft,roadway noise,etc.)and how they will affect proposed uses: Currently, the site is exposed to noise from traffic on the adjacent Day Creek Boulevard and Base Line Road. An exiting fire station is located north of the project, and the project would be exposed to siren noise and noise from firehouse operations. 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 commercial center includes a 44,988 sf grocery store, 15,207 drug store, 31,840 sf of retail/shop/rest- aurant uses, and two restaurant buildings (8,100 sf total.)Access to the commercial development is proposed on the southern portion of the site at the corner of Day Creek Boulevard and Baseline Road with one driveway access on each road. A third access point will be be provided from Firehouse Court. The residential component of the site will be located north of the shopping center and west of the existing fire station on approximately 4.0 acres. The maximum density under the proposed Medium-High Density Residential desig- nation is 24 units per acre(96 units); however, since the community plan allows for one dwelling for one affordable housing unit,the project could be potentially approved for 36 to 48 dwelling units per acre (from 144 to 192 total units.)Access to the residential portion of the site would be through one driveway from Firehouse Court. 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.): The Day Creek Station (Firehouse 173) and undeveloped property is located north of the project site(across Fire House Court.)A maintenance yard is located west of the site. Undeveloped property (across Base Line Road) is located to the south. Single-family residences are located to the east(across Day Creek Boulevard.) A commercial/retail center is located at the southeastern corner of the intersection of Day Creek Boulevard arW Baseline Road. I Updated 4/11/2013 Page 4 of 10 C to G -46 14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? ® While the current General Plan designation for the site is "Low-Medium"residential which is consistent with other uses within the project area, the proposed on-site retail uses would be consistent with the other retail uses located at an opposing quadrant of the intersection. Medium-High residential uses are not currently developed in the immediate project area. 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? Development of the site would generate short-term construction-related noise that may be perceptible at adjacent uses. Increases in ambient noise levels may result from stationary (HVAC, compactor, parking lot noise) and mobile (traffic) sources.)A noise study will be prepared to identify project-related noise and required mitigation. `16) Indicate proposed removals and/or replacements of mature or scenic trees: The single mature canyon live oak located just west of Firehouse Court would be retained on-site. No other City-designated heritage trees are located within the project limits. 17) Indicate any bodies of water(including domestic water supplies)into which the site drains: The project site is bound by Day Creek Boulevard and Baseline Road,which are improved with curb and gutters. Catch basins are located at the northwest corner of the intersection. Day Creek Channel is located approximately 1,150 feet west of the project site. 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) 49,512 Peak use49,512 (gal/Day) b. Commercial/Ind. 10,000 10,000 (gal/day/ac) Peak use(gal/min/ac) 19) indicate proposed method of sewage disposal. 0 Septic Tank `0 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) 36480 b. Commercial/Industrial(gaUday/ac) 27816 Updated 4/11/2013 Page 5 of 10 C to G -47 RESIDENTIAL PROJECTS: 20) Number of residential units: 192 Detached(indicate range of parcel sizes,minimum lot size and maximum lot size: Attached(indicate whether units are rental or for sale units): unknown at this time 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent(per month) $unknown to $unknown 22) Specify number of bedrooms by unit type: unknown at this time 23) Indicate anticipated household size by unit type: unknown at this time 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary., b. Junior High: c. Senior High COMMERCIAL INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type of use(s)and major function(s)of commercial, industrial or institutional uses: Development of a neighborhood and community serving commercial center anchored by a 44,998 sf grocery and a 15,207 full-service pharmacy with drive though uses.The center would be supported by an additional 31,840 sf of speciality retail/shop/restaurant uses, and 8,100 sf of other restaurant uses.The project provides parking, access, landscaping, lighting, and other public amenities Updated 4/11/2013 Page 6 of 10 C to G -48 a f , 26) Total floor area of commercial,industrial, or institutional uses by type: Grocery: 44,988 sf, Pharmacy, 15,207 sf; • retail/shops/restaurant, 31,840 sf; other restaurant, 8,100 sf 27) indicate hours of operation: Grocery store: 6:00 am - 10:00 pm; pharmacy 7:00 am- 11:00 pm (with option 24 hour operation), other retail/restaurant uses would generally operate within similar time frames. 28) Number of employees: Total:105-120 Maximum Shift: unknown at this time Time of Maximum Shift: unknown at this time 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): 25-30 full-and part-time employees at the proposed pharmacy, 150 full-time equivalent employees at the grocery, unknown as to the remaining Shops and Restaurants ® 30) Estimation of the number of workers to be hired that currently reside in the City:75% (estimated 75-90workers) "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): A detailed air quality impact analysis will be completed for the proposed project. The air quality impact analysis will identify short-term construction-related and longer-term operational-related emissions. As necessary, the air quality impact analysis will identify appropriate measures to mitigate project-related emissions of any criteria pollutant. 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. Contact with these agencies will follow • Updated 4/11/2013 Page 7 of 10 C to G -49 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, if known. There is no known history of hazardous material discharge, disposal or use on site. No evidence of hazardous material use, disposal or discharge was evident during visits to the site. No known USTs are located within the project limits. A detailed Phase 1 Environmental Site Assessment may be required. 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. The project will include commercial and residential uses. These uses routinely involve the transport, storage, sale and use of common household hazardous materials. The transport, storage, sale and use of any such materials is subject to applicable local, State and federal handling guidelines. 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. /further understand that additional information maybe regrired fp be submitted before an adequate evaluation can be made by the City of Rancho Cucamon r'_ �( Date: Signature: / V Title: I i Updated 4/11/2013 Page 8 of 10 C to G -50 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 Usaae 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/Government 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 C to G -51 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 t 9 Updated 4/11/2013 Page 10 of 10 Cto G -52 _ City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: General Plan Amendment DRC2015-00388, Victoria Community Plan Amendment DRC2015-00390, Design Review DRC2015-00386, Conditional Use Permit DRC2015-00387 and Tentative Parcel Map SUBTPM19637. 2. Related Files: N/A 3. Description of Project: The overall project area is made up of 4 parcels totaling 14.94 acres of land. Of this total area, 10.94 acres of land will be used for the proposed commercial center with the 4 remaining acres designated for the future development of multi-family housing. The project is for the site plan and architectural review of a 100,135 square foot, 9-building multi-tenant retail center that includes a 44,988 square foot major tenant building, a 15,207 square foot pad building, a 9,160 square foot inline tenant building, two 7,560 square foot inline tenant buildings, a 4,500 square foot inline tenant building, two 3,780 square foot inline tenant buildings and a future 3,600 square foot inline tenant building on 10.93 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan. The project includes the subdivision of 10.08 acres of the project site into 6 parcels, with the remaining .86 acre area to be developed with a commercial building in a later phase of the overall • project. The project includes a General Plan Amendment to change the land use designation of the 10.94 acre project site from Low Medium (LM) Residential to Neighborhood Commercial and a Victoria Community Plan Amendment changing the zoning designation of the 10.94 acre project site from Medium (M) Residential to Village Commercial (VC). The four acre remainder parcel will retain the current General Plan land use designation of Low Medium (LM) Residential. The Victoria Community Plan zoning designation for this 4 acre parcel of land will be changed from Medium (M) Residential to Low Medium (LM) Residential. The environmental (CEQA) review of the land use change of the 4 acre remainder parcel is included in this Initial Study Part II. The environmental impacts for the future project development of the 4 acre remnant parcel will be reviewed at a later date when a project is submitted on that site — APN's: 1089-031-15, 16, 35 and a portion of 1089-031-14. 4. Project Sponsor Name and Address: Lewis Retail Centers 1156 North Mountain Avenue Upland, CA 91786 5. General Plan Designation: Low Medium (LM) Residential 6. Zoning: Medium (M) Residential 7. Surrounding Land Uses and Setting: The vacant project site is located on the northwest corner of Day Creek Boulevard and Base Line Road. Total vegetation cover on the project is approximately 70 percent and is moderately to highly disturbed. On-site vegetation consists of Riversidean Alluvial Fan Sage Scrub and ruderal vegetation. The project site is bounded by ® Firehouse Court, Day Creek Fire Station Number 173 and vacant land to the north, with a Rails to trails multi-use trail and single-family residences beyond; by Base Line Road to the south, with a vacant land beyond: by Day Creek Boulevard to the east, with residential development beyond,- and, by a San Bernardino County Flood Control District maintenance yard to the west. C to G -53 Initial Study for . City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 2 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Tabe van der Zwaag (909)477-2750, ext. 4316 10. Other agencies whose approval is required: 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 ( ) Hazards &Waste Materials (✓) Hydrology &Water Quality Emissions ( ) Mineral Resources (✓) Noise ( ) Land Use & Planning ( ) Public Services ( ) Recreation ( ) Population & Housing ( ) Utilities & Service Systems ( ) Mandatory Findings of (✓) Transportation/Traffic Significance DETERMINATION On the basis of this initial evaluation: ( ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (✓) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. Rev 4-7-15 i CtoG -54 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 3 ® ( ) I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ( ) I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ( ) I find that.although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlie/up NEGATIVE DECLARATION, including revisions or mitigation measures that are impose proposed project, nothing further is required. Prepared By: Date: 1115,115 Reviewed By: Date: 110WV V • • Rev 4-7-15 C to G —55 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 4 Less Than Significant Less PoteIssues and Supporting Information Sources: Significantlly With Than PP g Significant Mitigation Significant No Impact Incorporated Impact Impact 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. Day Creek Boulevard, which runs adjacent to the project site, is a special boulevard and a designated view corridor according to General Plan Figure LU-6. The development of the project site will not negatively impact the Day Creek Boulevard view corridor. 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. C) The vacant site is located at the northwest corner of Day Creek Boulevard and Base Line Road and is characterized by residential development to the north and west, vacant land to the south and by a San Bernardino County Flood Control District maintenance yard to the west. On-site vegetation consists of Riversidean Alluvial Fan Sage Scrub and ruderal vegetation. The visual quality of the area will not degrade as a result of the project as the proposed retail center is designed with a similar architectural theme to the adjacent City fire station and will become a larger part of the community. There is a commercial center of similar size and configuration located at the southeast corner of the same intersection. The project was reviewed by City's Design Review Committee and is consistent with the Development Code and Victoria Community Plan design guidelines. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that require shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. Rev 4-7-15 C to G —56 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 5 • Less Tnan Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) (✓) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (✓) Williamson Act contract? C) 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 vacant project site is located at the northwest corner of Day Creek Boulevard and Base Line Road and is characterized by residential development to the north and west, vacant land to the south and by a San Bernardino County Flood Control District maintenance yard to the west. 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. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. • c) There are no lands within the City of Rancho Cucamonga that is 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. No mitigation is required. Rev 4-7-15 C to G —57 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 6 Less Than Significant Less Issues and Su ortin Information Sources. Potentially With Than pp g Significant Mitigation Significant No Impact Incorporated Impact Impact 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 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. e) The vacant project site is located'at the northwest corner of Day Creek Boulevard and Base Line Road and is characterized by residential development to the north and west, vacant land to the south and by a San Bernardino County Flood Control District maintenance yard to the west. The nearest agricultural use, Joseph Filippi Winery, and Vineyards, is less than .5 miles to the east of the project site. The project site does not border this agricultural use and the proposed commercial center will not negatively impact the operation of this agricultural use. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, there is no potential for conversion of forest land to a non-forest use. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project., a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (✓) applicable air quality plan? b) Violate any air quality standard or contribute ( ) (✓) ( ) ( ) substantially to an existing or projected air quality violation? C) Result in a cumulatively considerable net increase of ( ) (✓ ) ( ) ( ) 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 of local air quality) 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 (PMio), fine particulate matter less than 2.5 (PM2.5) microns in diameter and lead. Among these pollutants, ozone and particulate matter (PM,o and PM2.5) are considered regional pollutants while the others have more localized effects. In addition, the State of California has set standards for Rev 4-7-15 C to G —58 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 7 Less Tnan Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact sulfates, hydrogen sulfide (1-12S), vinyl chloride and visibility reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at an intersection, a mall and on highways. SCAQMD also regulates stationary sources of pollution within a jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air 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 (PM2.5) 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 PM2.5. Specific criteria for determining whether the potential air quality impacts of a project are significant are set forth in the SCAQMD's CEQA Air Quality Handbook. The criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an Air Quality Impact Analysis was prepared by Urban Crossroads (April 7, 2015) that utilizes CalEEMod (Version 2013.2.2) to evaluate short-term construction emissions and short- term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. Short Term (Construction): Project Emissions and Impacts tThe project is for the site plan and architectural review of a 100,135 square foot 9-building multi-tenant retail center on 10.93 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Rev 4-7-15 C to G -59 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 8 Less Than Significant Less Issues and Su ortin Information Sources. Potentially With Than PP g Significant Mitigation Significant No Impact Incorporated Impact Impact Community Plan. As part of the project, the applicant has submitted a General Plan Amendment requesting to change the General Plan land use designation from Low Medium (LM) Residential to Neighborhood Commercial (NC); the applicant has also submitted a Victoria Community Plan Amendment requesting to change the Victoria Community Plan zoning designation from Medium (M) Residential to Village Commercial (VC). The Victoria Community Plan Amendment also includes changing the zoning designation of a 4 acre remnant piece of land adjacent to the project site from Medium (M) Residential to Low Medium (LM) Residential, in conformance with the General Plan land use designation. The air quality impacts for the 4 acre remnant parcel will be reviewed at a later date when a project is submitted on that site. The project site is currently vacant. The potential emissions associated with construction of the project are described in the following sections. Summary of Peak Construction Emissions (Emissions Summary of Overall Construction with Best Available Control Measures) Emissions(pounds per day) Year voc NOx CO sox PM10 PM2.5 2016 13.94 54.95 1 40.00 0.06 9.26 6.09 2017 13.51 34.48 34.25 0.06 3.96 2.48 Maximum Daily Emissions 13.94 54.95 1 40.00 0.06 9.26 6.09 SCAQMD Regional Threshold 75 100 550 150 150 55 Threshold Exceeded? NO NO I NO NO NO NO Construction activities associated with the project will result in emissions of CO, VOCs, NOX, SOX, PM10 and PM2.5 and are expected from the following construction activities: demolition, grading (including soil import), building construction, painting (architectural coatings) paving (curb, gutter, flatwork, and parking lot), and construction worker commuting. Localized Significance Summary (Construction Emissions with Best Available Control Measures Emissions(pounds per day) On-Site Site Preparation Emissions NO, CO PMJo PM2,5 Maximum Daily Emissions 54.84 38.63 9.04 6.03 SCAQMD localized Threshold 270 2,193 16 9 Threshold Exceeded? NO NO NO NO I Rev 4-7-15 C to G —60 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 9 • Less Than Significant Less Issues and Supporting Information Sources: F Significant ally wtn Than ant Mi;igation Significant No Impact Incorporated Impact Impact On-site Grading Emissions Emissions(pounds per day) N0, CO PM10 PMz5 Maximum Daily Emissions 52.44 30.62 5.67 4.01 SCAQMD Localized Threshold 1270 2,193 16 9 Threshold Exceeded? NO I NO NO NO Equipment Exhausts and Related Construction Activities Construction activities produce combustion emissions from various sources such as site grading, utility engines, on-site heavy-duty construction vehicles, asphalt paving, and motor vehicles transporting the construction crew. Exhaust emissions from construction activities envisioned on site would vary daily as construction activity levels change. The use of construction equipment on site would result in localized exhaust emissions; however, as shown in the tables above, the amount will not exceed any threshold of • significance. Fuqitive 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. Architectural Coatings Architectural coatings contain VOCs that are similar to ROCs and are part of the 03 precursors. Based on the proposed project, it is estimated that the proposed project will result in a maximum of approximately 13.94 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. Rev 4-7-15 C to G —61 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 10 Less Than Significant Less Issues and Su ortin Information Sources: Potentially With Than pp g Significant Mitigation Significant No Impact Incorporated impact Impact Naturally Occurring Asbestos The proposed project is located in San Bernardino County and it is not among the counties that are found to have serpentine and ultramafic rock in their soils. In addition, there has been no serpentine or ultramafic rock found in the project area. Therefore, the potential risk for naturally occurring asbestos (NOA) during project construction is small and less than significant. Based on the discussion above and with implementation of the following Best Available Control Measures (BACM) identified in the Air Quality Impact Analysis prepared by Urban Crossroads (April 7, 2015) as mitigation measures, short-term, construction impacts will be less-than-significant: 1) All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions. 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 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 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 (Os), and Particulate Matter (PM2.5 and PM,o) 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. The project is for the site plan and architectural review of a 100,135 square foot 9-building multi-tenant retail center on 10.93 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Rev 4-7-15 C to G —62 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 11 • Less Than Significant Less Issues and Su ortin Information Sources: Potentially w:tn Than PP g Significant M:tigation Significant No Impact Incorporwed Impact Impact Community Plan. As part of the project, the applicant has submitted a General Plan Amendment requesting to change the General Plan land use designation from Low Medium (LM) Residential to Neighborhood Commercial (NC); the applicant has also submitted a Victoria Community Plan Amendment requesting to change the Victoria Community Plan zoning designation from Medium (M) Residential to Village Commercial (VC). The Victoria Community Plan Amendment also includes changing the zoning designation of a 4 acre remnant piece of land adjacent to the project site from Medium (M) Residential to Low Medium (LM) Residential, in conformance with the General Plan land use designation. The air quality impacts for the 4 acre remnant parcel will be reviewed at a later date when a project is submitted on that site Based on the Air Quality Impact Analysis by Urban Crossroads (April 7, 2015), no short- term, construction 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, the project's contribution to 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 asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 9) 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. • 10) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Rev 4-7-15 C to G —63 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 12 Less Than Significant Less Issues and Su ortin Information Sources. Potentially With Than pp g Significant Mitigation Significant No Impact Incorporated Impact Impact • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 11) 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. 12) 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. Project Lona Term (Operational) Emissions and Impacts Long-term air pollutant emissions are those associated with stationary sources and mobile sources involving any project-related changes. The proposed project would result in a net increase in the amount of development in the area; therefore, the proposed project would result in net increases in both stationary and mobile source emissions. The stationary source emissions would come from additional natural gas consumption for on-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 4-7-15 C to G —64 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 13 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 Operational Activities-Summer Scenario Emissions(pounds per day) voc NO, CO 50, PM3, PMs,s Area Source 6.49 5.80e-4 0.06 -- 2.20e-4 2.20e-4 Energy Source 0.22 2.02 1.69 0.01 0.15 0.15 Mobile 43.20 51.05 244.17 0.30 17.65 5.04 Maximum Daily Emissions 49.92 53.07 245.92 0.31 17.80 5.19 SCAQMD Regional Threshold 55 155 550 150 150 155 Threshold Exceeded? NO ' NO NO NO NO NO Operational Activities-Winter Scenario Emissions(pounds per day) voc NO, CO S0, PM, PM=,s Area Source 16.49 5.80e-4 0.06 -- 2.20e-4 2.20e-4 Energy Source 0.22 2.02 1.69 0.01 0.15 0.15 Mobile 42.18 52.33 267.76 0.28 17.66 5.05 • Maximum Daily Emissions 48.90 54.34 269.52 0.29 17.81 5.20 SCAQM D Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO CO NO2 PM,,, PM2.s Operation Averaging Time 1-Hour 8-Hour 1-Hour 24-Hours(Operations) Peak Day Localized Emissions 0.215 0.156 0.0009 0.73 0.71 Background Concentration" 3.0 1.3 0.069 Total Concentration 3.22 1.46 0.07 0.73 0.71 SCAQMD Localized Significance Threshold 20 9 0.18 2.50 2.50 Threshold Exceeded? NO NO NO NO NO • Rev 4-7-15 C to G -65 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 14 Less Than Significant Less Issues and Su ortin Information Sources: Potentially With Than pp g Significant Mitigation Significant No Impact incorporated Impact Impact Cumulative Impacts (Long Term/Operational Emissions) The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the potential impacts to air quality based on the future build out of the City. In the long-term, continued development would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, all developments would be cumulatively significant if they cannot be mitigated on a project basis to a less-than-significant level. This City-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. The project is for the site plan and architectural review of a 100,135 square foot 9-building multi-tenant retail center on 10.93 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan. As part of the project, the applicant has submitted a General Plan Amendment requesting to change the General Plan land use designation from Low Medium (LM) Residential to Neighborhood Commercial (NC); the applicant has also submitted a Victoria Community Plan Amendment requesting to change the Victoria Community Plan zoning designation from Medium (M) Residential to Village Commercial (VC). The Victoria Community Plan Amendment also includes changing the zoning designation of a 4 acre remnant piece of land adjacent to the project site from Medium (M) Residential to Low Medium (LM) Residential, in conformance with the General Plan land use designation. The air quality impacts for the 4 acre remnant parcel will be reviewed at a later date when a project is submitted on that site Based on the Air Quality Impact Analysis (April 7, 2015), 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, the project's contribution to cumulative impacts will be less-than-significant: 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Schedule truck deliveries and pickups during off-peak hours. 16) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 17) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 18) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. Rev 4-7-15 C to G —66 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 15 • Less Than Significant Less Issues and Su ortin Information Sources: Potentially With Than pportSignificant Mitigation Significant No Impact Incorporated Impact Impact 19) 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. 20) All commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 21) All commercial facilities shall designate preferential parking for vanpools. 22) All commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 23) All 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. 24) All commercial structures shall be required to incorporate high-efficiency/low- polluting heating, air conditioning, appliances, and water heaters. 25) All 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. The project is for the site plan and architectural review of a 100,135 square foot 9-building multi-tenant retail center on 10.93 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan. As part of the project, the applicant has submitted a General Plan Amendment requesting to change the General Plan land use designation from Low Medium (LM) Residential to Neighborhood Commercial (NC); the applicant has also submitted a Victoria Community Plan Amendment requesting to change the Victoria Community Plan zoning designation from Medium (M) Residential to Village Commercial (VC). The Victoria Community Plan Amendment also includes changing the zoning designation of a 4 acre remnant piece of land adjacent to the project site from Medium (M) Residential to Low Medium (LM) Residential, in conformance with the General Plan land use designation. The air quality impacts for the 4 acre remnant parcel will be reviewed at a later date when a project is submitted on that site Based on the Air Quality Impact Analysis by Urban Crossroads (April 7, 2015), no short- term construction 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 designed to minimize long-term, operational air quality impacts, cumulative impacts will be less-than-significant. Rev 4-7-15 C to G —67 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 16 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp g Significant Mitigation Significant No Impact Incorporated Impact Impact 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 not located within mile of a sensitive receptor. 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. 26) 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 not typically associated with the type of use. Odors from the proposed commercial use would most likely be from activities such as the preparation of food and the storage of waste materials, 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 ( ) ( ) ( ) (1) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery. sites? Rev 4-7-15 C to G —68 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 17 ® Less Than S'anifcant Less Issues and Su ortin Information Sources: Potentially With Than PP g Significant mitigation Significant No Impact Incorporated Impact Irnpact e) Conflict with any local policies or ordinances ( ) ( ) ( ) (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (✓) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with residential and commercial uses. The site has been previously disrupted during the construction of infrastructure and annual discing for weed abatement. 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. A Biological Resources Assessment Survey was conducted on the project site by LSA (February 26, 2015). The assessment found that the onsite vegetation, which includes Riversidean Alluvial Fan Sage Scrub, is potential habitat for the Coastal California gnatcatcher and recommends that nonbreeding season surveys be conducted for the Coastal California gnatcatcher. The assessment concluded that the onsite plant communities, including the Riversidean Alluvial Fan Sage (RSS) Scrub, was disturbed and isolated from a larger block of habitat and that the loss of 10 acres of RSS is not considered substantial and does not require mitigation. The assessment did recommend • that if vegetation clearing is planned during the avian nesting season (approximately February 1 through August 31) that nesting bird surveys be conducted 30 days prior to vegetation clearing to ensure the protection of birds covered by the California Fish and Game Code. Focused surveys for the Coastal California gnatcatcher were conducted by LSA from March 25, 2015 through May 7, 2015 (Report date May 19, 2015). The study concluded that no Coastal California gnatcatchers were detected during the survey. A follow-up study was also submitted by LSA (July 29, 2015) that discussed whether the project site was suitable habitat for the burrowing owl. The study concluded that the vegetation on the project site was not suitable habitat for the burrowing owl and that no burrowing owls were observed on the project site. A burrowing owl survey is being required prior to ground clearing activities to assure that burrowing owls have not occupied the project site during the intervening time between the submitted study and ground clearing activities. With the following the mitigation measures, any impacts to sensitive species will be less than significant: 1) Three days prior to the removal of vegetation or ground-disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non- invasive methods that either (a) the adult birds have not begun egg-laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non-raptor nests, and within 5,000 feet of raptor nests, during the breeding season to avoid abandonment of young. • If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the Rev 4-7-15 C to G —69 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 18 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non-breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre-construction survey shall be provided to CDFW and the City. If the pre-construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre- construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre-construction survey, the site shall be resurveyed for owls. • During the non-breeding season from September 1 through January 31, if burrows are occupied by migratory or non-migratory resident burrowing owls during a pre-construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. The Biological Resources Assessment Survey (LSA: February 26, 2015) concluded that the project site did not include riparian habitat. Therefore no adverse impacts are anticipated. C) No wetland habitat is present on-site. The Biological Resources Assessment Survey (LSA: February 26, 2015) concluded that the project site did not include any water features that would be considered jurisdictional waters or streambeds by the U.S. Army Rev 4-7-15 C to G —70 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 19 Less Than Signincant Less Issues and Supporting Information Sources: Potentially Vh*h Thar. Significant P,ti;igafl Significant No Impact Irorporated Impact Impact Corps of Engineers under Section 404 of the Federal Clean Water Act. 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. The Biological Resources Assessment Survey (LSA: February 26, 2015) did not observe any migrating fish or wildlife. Therefore, no adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore; the proposed project is not in conflict with any local ordinance. 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. 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). A Cultural Resources Assessment was performed on the project site by LSA (July 2015). The study reviewed the cultural resources records and literature, aerial photographs and historic maps for a 1-mile radius surrounding the project site. The study also included an intensive field survey of the project site. The study concluded that no previously undocumented resources were identified within the project area and no other cultural resources were identified during the field survey. No monitoring or future cultural resource studies are recommended. The study does recommend that in the event that previously undocumented archaeological resources are identified during earthmoving activities, further work in the area should be halted until a professional archaeologist can assess the nature and significance of the finding can be determined. In conformance with both California State Bill (SB) 18 and California Assembly Bill (AB) 52, staff sent a Tribal Consultation Request (May 12, 2015) of the proposed project to a list of tribal communities provided by the Native American Heritage Commission. As of the date of this • study, staff has not received a consultation request. With the mitigation measure included under b) below, any impacts on historic resources will be less than significant. Rev 4-7-15 C to G —71 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 20 Less Than Signin•_ant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based on the future build out of the City. The following mitigation measures as identified in the FPEIR 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. o 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. o 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: I 2) If any paleontological resource (i.e. plant or animal fossils) are encountered j before or during grading,the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or I Rev 4-7-15 Cto G —72 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 21 ® Less Than Significant Less Issues and Supporting Information Sources: Por-ontiady V.Iith Than Significant Mitigation Significant No Incacl I:ccrporated I;rpact I.mcacl preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. • d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding development and by 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? ( ) ( ) ( ) (✓) • iii) Seismic-related ground failure, including ( ) ( ) ( ) (✓) liquefaction? Iv) Landslides? Rev 4-7-15 C to G —73 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 22 Less Than Signi��cant Less Issues and Supporting Information Sources: Potentiallyigniftigati Than PP 9 Significant Mitigation Significant No Impact Incorporated Impact Impact 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 ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR. The Red Hill Fault, passes within 2 miles north 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 14 miles northeasterly of the site and the San Andreas, capable of up to MW 8.2 earthquakes, is 16 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code and Standard Conditions will ensure that geologic impacts are less-than-significant. b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit 4.7-4 of the General Plan FPEIR. The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce 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. Rev 4-7-15 C to G —74 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 23 • Loss Than slgni-cant Less Issues and Supporting Information Sources: Potentially m Than significar.t P.tit:gatior, significant No Impact Incorporated Impact Impact 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 prohibits the development within slopes of 30 percent or greater and limit the number of units that could be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The site is not within an Earthquake hazard zone or other unstable geologic unit or soil type according to General Plan FPEIR Exhibit 4.7-2. Soil types on-site consist of Tujunga loamy soil association according to General Plan FPEIR Exhibit 4.7-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Tujunga loamy soil association according to General Plan FPEIR Exhibit 4.7-3. These soils typically have slow to very slow runoff and have a slight hazard of water erosion. 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) roject:a) Generate greenhouse gas emissions, either directly or ( ) (✓) ( ) ( ) indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Comments: a) Regulations and Significance—The Federal government began studying the phenomenon of global warming as early as 1979 with the National Climate Protection Act(92 Stat. 601). In June of 2005, Governor Schwarzenegger established California's Green House Gas (GHG) emissions reduction target in Executive Order (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 6 key GHGs (carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons • (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)). The combined emissions of these well-mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. Rev 4-7-15 C to G —75 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 24 Less Than Significant Less Issues and Su ortin Information Sources: Potentially With Than PP g Significant Mitigation Significant No Impact Incorporated Impact Impact The western states, including Arizona, California, New Mexico, Oregon, Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected to see an increase of 3 to 4 degrees Fahrenheit (°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 approved 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 i has been analyzed based on a qualitative analysis (CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana-Arrow Highway station. The Upland station monitors all criteria pollutants except PM1o, PM2.5, and SO2 which are monitored at the Fontana-Arrow Highway station. The ambient air quality in the project area for CO, NO2, and SO2 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PM10, and PM2.s 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. Rev 4-7-15 C to G —76 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 25 • Less Than S:grificant Less Issues and Supporting Information Sources: Potent.aiv w,;h Than Signi`car.t Il; tigation Significant No Imoa•ct Incorporated Impact Impact 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 staff's 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 by Urban Crossroad dated April 7, 2015, total project related emissions would be 4,373 MTCO2eq/year, as shown in the following table: "Business as Usual Greenhouse" Gas Emissions Emissions(metric tons per year) Emission Source CO2 CH, N20 Total CO2E Annual construction-related emissions amortized 27.37 0.005 over 30 years 27.47 Area 10.01 7.00e-5 I— 0.02 • Energy 1,473.41 0.06 0.02 1,480.05 Mobile Sources 4,379.19 0.56 4,390.94 waste 124.42 7.35 278.83 Water Usage 68.43 0.50 0.01 82.86 Total C%E(All Sources) 6,260.17 Source:Ca!EEMod-model output,see Appendix 3.1 for detailed model outputs. Note:Totals obtained from CaIEEModl and may not total 100%due to rounding. Greenhouse Gas Emissions with Applicable Regulatory Development, Mitigation Measures and Design Features • Rev 4-7-15 C to G —77 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 26 Less Thar. Significant Less Issues and Supporting Information Sources: Potentially with Than Signiricant Mitigation Significant No Impact Incorporated Impact Impact Emissions(metric tons per year) Emission Source CO, CH, N20 Total CO2E Annual construction-related emissions amortized 27.37 0.005 - 27.47 over 30 years Area 0.01 4.00e-5 - 0.02 Energy 1,101:36 0.05 0.02 1,107.49 Mobile Sources 2,903.16 0.12 2,905.76 I Waste 124.42 7.35 - 278.83 Water Usage 42.18 0.40 9.93e-3 53.71 Total COzE(Alt Sources) 4,373.28 Source:C61EEMod'model output,See Appendix 3.1 for detai!ed model outputs. Note.Totals obtained from CalEEMcd-and may not total 100%due to rounding. The analysis demonstrates that the project is consistent with, or is otherwise not in conflict with, recommended measures and actions in the CARB Scoping Plan. The Scoping Plan establishes strategies and measures that would achieve GHG reductions goals set forth in the Global warming Solutions Act of 2006 (AB 32). More specifically, the CARB Scoping Plan calls for an approximate 30 percent reduction in GHG emissions when compared to Business as Usual (BAU)conditions. As shown in the table below, the total amount of project related GHG emissions for BAU without accounting for any project design features or regulatory developments that would. reduce GHG emissions from direct and indirect sources combined would total 6,260 MTCO2e. The total amount of project related GHG emissions when accounting for applicable regulatory development, project design features and mitigation measures that would reduce GHG emissions from direct and indirect sources combined would total 4,373 MTCO2e. This results in a 30.14 percent reduction from BAU, thus with implementation of the project's GHG reduction would exceed the CARB's reduction target of 30 percent in conformance with AB 32. I l i Rev 4-7-15 C to G —78 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 27 • Less Than Significant Less Issues and Supporting Information Sources: Potentiaily rrth Tnan Significant Miliga;ion Significant No Impact IncorporaLd Impact Imoaci Summary of Greenhouse Gas Emissions for Business as Usual and Project Category CO2e Emissions 8AU Project Metric Tons per Year Construction 27.47 27.47 Area 0.02 0.02 Energy Use 1,480.05 1,107.49 Mobile Sources(Traffic) 4,390.94 2,905.76 Waste Disposed 278,83 278.83 Water Use 82.86 53.71 Total 6,260.17 4,373.28 • Project Improvement over 6AU 30.14% Cumulative Short Term (Construction) GHG Emissions — The General Plan FPEIR (Section 4.5) indicates that GHG emissions result from construction activities associated with diesel-powered construction equipment and other combustion sources (i.e. Generators, workers vehicles, material delivery, etc.). The GHG emitted by construction equipment is primarily carbon dioxide (CO2). The highest levels of construction related GHG's occur during site preparation including demolition, grading and excavation. Construction related GHG's are also emitted from off-site haul trucks and construction workers traveling to the job site. Exhaust emissions from construction activities would vary each day with the changes in construction activity on site. The combustion of fossil- based fuels creates GHG's such as CO2, Cho, and N20. CH4 is emitted during the fueling of heavy equipment. Based on the Greenhouse Gas Analysis by Urban Crossroads dated April 7, 2015, no significant impacts to GHGs from short-term construction impacts would occur as a result of the project as shown in the table above. Because the project related GHG emissions would be reduced 30.14 percent from Business as Usual, the project will exceed CARB's reduction target of 30 percent in conformance with AB 32. The proposed project would have less than a significant short-term cumulative impact with implementation of the following enforceable actions, which are included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice • daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on Rev 4-7-15 C to G —79 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 28 Less Than Significant Less Issues and Supporting Information Sources: Significant Fgnifi aly with Than ant Mitigation Significant No Impact Incorporated Impact Impact 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 Long Term (Operational) GHG's Emissions —The primary source of GHG emissions generated by the proposed project would be from motor vehicles, combustion of natural gas for space and water heating, as well as off-site GHG emissions from generation of electricity consumed by the proposed land use development over a long term. CEQA requires the Lead Agency to review the project for"adequacy, completeness, and a good faith effort at full disclosure," to determine potential impacts of GHG's. Therefore the project has been analyzed based on methodologies and information available to the City at the time this document was prepared. Estimates are based on past performance and represent a scenario that is a worst case with the understanding that technology changes may reduce GHG emissions in the future. To date, there is no established quantified GHG emission threshold. The project involves the construction of a 100,135 square foot 9-building multi-tenant retail center on 10.93 acres of land and therefore would result in an increase in the net increases of both stationary and mobile source emissions. The majority of energy consumption typically occurs during project operation (more than 80 percent and less than 20 percent during construction activities). The proposed project will incorporate several design features that are consistent with the California Office of the Attorney General's recommended measures to reduce GHG emission including: water efficient landscaping: shade trees, and walkways that provide accessibility to public sidewalks. The project is consistent with the California Environmental Protection Agency Climate Action Team that 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 by Urban Crossroads dated April 7, 2015, no significant impacts to GHGs from long-term, operational impacts would occur as a result of the project as shown in the tables above. Because the project related GHG emissions would be reduced 30.14 percent from Business as Usual, the project will exceed CARB's 1 reduction target of 30 percent in support of AB 32.The proposed project, thus 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 I Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: t Rev 4-7-15 C to G —80 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 29 • Less Tnar. Signic cavi Less Issues and Supporting Information Sources: Poten;ia;ly With Than Significant Miiigatior. Significant No Impact Incorporated Impact Impact 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 by 10 percent including but not limited to any combination of; • Increased insulation such that heat transfer and thermal bridging is minimized. • Limit air leakage through the structure and/or within the heating and cooling distribution system. • 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. • Design buildings to accommodate photovoltaic solar electricity systems or the installation of photovoltaic solar electricity systems. • Install electrical hook-ups at the loading dock areas. • Install dual paned windows or other energy efficient windows. • Install automatic devices to turn off lights where they are not needed. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available 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. Rev 4-7-15 C to G —81 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 30 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significar,I Mitigation Significant No Impact Incorporated Impact Impact 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 is for the site plan and architectural review of a 100,135 square foot 9-building multi-tenant retail center on 10.93 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan. As part of the project, the applicant has submitted a General Plan Amendment requesting to change the General Plan land use designation from Low Medium (LM) Residential to Neighborhood Commercial (NC); the applicant has also submitted a Victoria Community Plan Amendment requesting to change the Victoria Community Plan zoning designation from Medium (M) Residential to Village Commercial (VC). The Victoria Community Plan Amendment also includes changing the zoning designation of a 4 acre remnant piece of land adjacent to the project site from Medium (M) Residential to Low Medium (LM) Residential, in conformance with the General Plan land use designation. The GHG impacts for the 4 acre remnant parcel will be reviewed at a later date when a project is submitted on that site. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emissions apply to the project. The 2010 General Plan Update includes adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re-use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes diverse opportunities. The proposed project includes water efficient landscaping, shadetrees, and walkways that provide accessibility to public sidewalks and therefore is consistent with the sustainability and climate change policies of the General Plan. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG's and determined that GHG emissions would be cumulatively considerable, which would be a significant, unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. Based on the Greenhouse Gas Analysis by Urban Crossroads dated April 7, 2015, no significant impacts to GHGs from short-term, construction impacts or long-term, operational impacts would occur as a result of the project. Because the project related GHG emissions would be reduced 30.14 percent from Business as Usual, the project will exceed CARB's reduction target of 30 percent in support of AB 32. The project's contribution to GHGs from short-term construction and long-term operational cumulative impacts is also considered minimal. With implementation of the mitigation measures listed in subsection a), less than significant impacts would occur as a result of the project. In addition, the proposed project would not hinder the State's GHG reduction goals established by AB 32 and therefore would be less than a significant impact. Rev 4-7-15 C to G —82 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 31 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 8. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (✓) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of ( ) ( ) ( ) (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5 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 City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive that 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. No adverse impacts are expected. Rev 4-7-15 C to G —83 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 32 Less Than Significant Less Issues and Supporting Information Sources: Significant Mitigation Potentially iga Than tion Significant No Impact Incorporated Impact Impact b) The proposed project does not include the use of hazardous materials 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. No adverse impacts are anticipated. C) There are no schools located within 1/4 mile of the project site. The project site is located approximately 1.3 miles from the nearest existing or proposed school, Carleton P. Lightfoot Elementary School. No impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspections did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an airport land use plan 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 8.5 miles northerly of the Ontario Airport and is offset north of the flight path and is not within the Airspace Protection Area according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1. Development. No impact is 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. No impact is anticipated. g) The City has a developed roadway network that provides emergency access and evacuation routes to existing development. New development will be located on a site that has access to existing roadways. The City's Emergency Operation Plan, which is updated every three years, includes policies and procedures to be administered by the City of Rancho Cucamonga in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from wind-driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS-1, no adverse impacts are anticipated. Rev 4-7-15 C to G —84 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 33 Less Than Sicnificart Less Fotentia.Y Wit rh.fic SigriScant Mifiga: Issues and Supporting Information Sources: on Sio_nicanl No Impact Incorporated Impact Impact 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, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB), through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Rev 4-7-15 C to G -85 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 34 Less Than Significant Less Issues and Supporting Information Sources: Pwith Than Signifiialy gnificant Mitigation Significant No Impact Incorporated Impact Impact Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) 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 exhibit, prepared by Madole and Associates, Inc., 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) ctivities: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 Rev 4-7-15 C to G —86 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 35 • Less Than Significant Less Issues and Supporting Information Sources: Po'entiaRy with Tnan Significant Maigatio,n Sionificant No Impact Incorporated Irncact Impact program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Post- Construction Operational: 6) Prior to issuance of building permits, the 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. 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. No impacts are anticipated. Rev 4-7-15 C to G —87 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 36 Less Than Significant Less Issues and Supporting Information Sources: Potentially t:gati Than Sign�ncant Mitigation Significant No Impact Incorporated Impact Impact C) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or 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. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on-or off-site. No impacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. 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 site is for new development therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. With implementation of the mitigation measures specified under subsection a), less than significant impacts are anticipated. 8) The developer shall implement the BMPs identified in the Water Quality Management Exhibit prepared by Madole and Associates, Inc. to reduce construction pollutants from entering the storm drain system to the maximum extent practical. g) No housing units are proposed with this project. The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. h) The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. 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 Rev 4-7-15 C to G —88 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 37 ® Less Than Sig sir--ant Less Issues and Supporting Information Sources: Potentially wth Than S wiflcant Mitigation significant No Impact Incorporat=_d Impact Imoact 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. No adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 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 vacant project site is located at the northwest corner of Day Creek Boulevard and Base Line Road and is characterized by residential development to the north and west, vacant land to the south and by a San Bernardino County Flood Control District maintenance yard to the west. The project will be of similar design and size to the commercial development at the southwest corner of Day Creek Boulevard and Base Line Road and will be accessed by three existing public streets. As such; no adverse impacts are anticipated. b) The project site land use designation is Low Medium (LM) Residential. A General Plan Amendment was submitted as part of the project that proposes changing the land use designation from Low Medium (LM) Residential to Neighborhood Commercial (NC)for the 10.94 acre project site. With the proposed General Plan Amendment, the project will be consistent with the General Plan and will not interfere with any policies for environmental protection, or SCAG's Regional Comprehensive Plan. The project will be of similar design and size to the commercial development at the southwest corner of Day Creek Boulevard and Base Line Road and will provide both emergency vehicle and pedestrian access to the adjacent 4 acre parcel of land, which is designated for the future development of multi- family housing. The project will also not negatively impact the operation of the San Bernardino County Flood Control maintenance yard to the west, Rancho Cucamonga Fire Station Number 173 to the north or the single-family residences to the east. The project will become a part of the larger community and will fulfill General Plan Goal ED-2.1, which • encourages projects which enhance the City's major corridors as generators of both jobs and revenue and ED-2.2, which encourages the diversification of the City's retail base. As such, no impacts are anticipated. Rev 4-7-15 C to G -89 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 38 Less Than Significant Less Issues and Supporting Information Sources: Significant t Potentially Than aSignificant Mitigationigation Than No Impact Incorporated Impact Impact 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, there is no impact. b) The site is not designated by the General Plan, Figure RC-2 and Table RC-1, as a valuable mineral resource recovery site; therefore, there is no impact. 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? 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? Rev 4-7-15 C to G —90 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 39 • Less Than Sicni`cant Less Issues and Supporting Information Sources: Po;envally v%i;h Than Significant Miltation Sicnifican: No Imnav Inccrpora:ed Imcact Impact 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 was prepared for.the project by Urban Crossroads (April 10, 2015). The report reviewed the construction and operational noise impacts related to the project. The report finds that the increase in noise levels related to the project required the implementation of mitigation measures to reduce construction noises levels. Due to the existing ambient noise levels of the adjacent roadways and the separation between the project and the nearest residential uses, the operational noise levels do not require mitigation to be in compliance with the City's noise standards. With the following mitigation measures to reduce the short term construction noise levels the project will have a less than significant impact. Exterior: 1) Install temporary noise control barriers that provide a minimum noise level attenuation of 10 dBA when project construction occurs near existing noise- sensitive structures. The noise control barrier must present a solid face from top to bottom. The noise control barrier must be high enough and long enough to block the view of the nose source. Unnecessary openings shall not be made. The noise barriers must be maintained and any damage promptly • repaired. Gaps, holes, or weaknesses in the barrier or opening between the barrier and the ground shall be promptly repaired. 2) During all project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with property operation and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from noise sensitive receptors nearest to the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receivers. 4) The construction contractor shall limit haul truck deliveries to the same hours specified for construction activities (8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday). The contractor shall prepare a haul route exhibit and shall design delivery routes to minimize the exposure of sensitive land used or residential dwellings to delivery truck related noise. 5) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. • b) A noise Impact Analysis was prepared for the project by Urban CrossroadsA r' ( p tl 10, 2015). Construction activities related to the project will create ground-borne vibration levels. Grading related activities will increase the largest increase in ground-borne Rev 4-7-15 C to G —91 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 40 Less Than Signifcan; Less Issues and Supporting Information Sources: Potentially Mitigation Than Significant tvlitiga;ion Significant No Impact Incorporated Imoact Impact vibration levels. Due to the distance of the nearest sensitive receptor or residential dwellings, the project construction will not exceed City vibration standards. Additionally, construction at the project site will be restricted to daytime hours consistent with City requirements thereby eliminating potential vibrations impacts during sensitive nighttime hours. As such, no impacts are anticipated. C) The primary source of ambient noise levels in Rancho Cucamonga is traffic. 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. 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: 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, 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. 3) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment but do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes 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 8.5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. Rev 4-7-15 C to G —92 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 41 • Less Tran Significant Less Issues and Supporting Information Sources: Fot=_ntia'nt With T�3 S�gni scant Mitigation Significar:t No Impact InCpfporaled Impact Impact f) The nearest private airstrip, Cable Airport, is located approximately 2 112 miles to the west of the City's westerly limits. No impact is 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 proposes the construction of a 100,135 square foot 9-building multi-tenant retail center on 10.93 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road. The project area also includes a 4 acre parcel of land that is designated for the future development of multi-family residences. The project site • presently has a General Plan land use designation of Low Medium (LM) Residential and a Victoria Community Plan zoning designation of Medium (M) Residential. The applicant proposes changing the General Plan land use designation to Neighborhood Commercial (NC) and the Victoria Community Plan zoning designation to Village Commercial (VC). The 4 acre portion of the project area will retain the current General Plan land use designation of Low Medium (LM) Residential and the Victoria Community Plan zoning designation will be amended form Medium (M) Residential to Low Medium (LM) Residential, in accord with the General Plan land use designation. The project site is located in a predominantly developed area and will not induce population growth. Once constructed, the proposed project will have a limited number of employees; hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities. No significant impacts are anticipated. b) The property is vacant there will be no displacement of housing or people. Therefore, no adverse impact is expected. C) The property is vacant there will be no displacement of housing or people. Therefore, no adverse impact is expected. 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? Rev 4-7-15 C to G —93 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 42 Less Than slgnifcant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact C) Schools? ( ) ( ) ( ) (✓) d) Parks? ( ) ( ) ( ) (✓) e) Other public facilities? ( ) ( ) ( ) (✓) Comments: a) The site, located at the north west corner of Day Creek Boulevard and Base Line Road, would be served by Day Creek Fire Station Number 173, which is located directly adjacent to the project site at 12270 Firehouse Court. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project to lessen the future demand and impacts to fire services. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. No impacts are anticipated. c) The site is in a developed area currently served by the Etiwanda School District and the Chaffey Joint Union High School District. The project will be required to pay School Fees as prescribed by State law prior to the issuance of building permits. No impacts are anticipated. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Ellena Park, is located 1.2 miles from the project site at 7139 Kenyon Way. The project includes the development of a commercial center on land that currently has a General Plan land use designation of Low Medium (LM) Residential and a Victoria Community Plan zoning designation of Medium (M) Residential.As part of the project the applicant is requesting to change the General Plan land use designation to Neighborhood Commercial (NC) and the Victoria Community Plan zoning designation to Village Commercial. A 4 acre remnant portion of the project area will retain the existing Low Medium (LM) General Plan land use designation and the Victoria Community Plan zoning designation will be changed from Medium (M) Residential to Low Medium (LM) Residential. The proposed commercial project will not increase the number of housing units or 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. The 4 acre remainder portion of the project area is zoned residential and will increase use of park services and will be required to pay Park Development fees at the time it is developed. No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FPEIR (Section 4.14), there will be a projected increase in library space demand but with the implementation of development impact fees the increase in Library Services would be mitigated to less-than-significant impact. Additionally, the Paul A. Biane Library has an additional 14,000 square foot shell of vacant library space which is in the process of being developed for future Library use. The Rev 4-7-15 C to G —94 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 43 ® Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significart Mitigation Significant No Impact Incorcora:ed Irpact Impact proposed project includes a General Plan Amendment to change the General Plan land use designation from Low Medium (LM) Residential to Neighborhood Commercial (NC) and a Victoria Community Plan Amendment to change the zoning designation from Medium (M) Residential to Village Commercial. The 4 acre portion of the project area will retain the current General Plan land use designation of Low Medium (LM) Residential and the Victoria Community Plan zoning designation will be amended form Medium (M) Residential to Low Medium (LM) Residential, in accord with the General Plan land use designation. The commercial project will not increase the number of housing units or demand on library services. The 4 acre remainder portion of the project area is zoned residential and will increase use of library services and will be required to pay Library Impact fees at the time it is developed. No 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, Ellen@ Park, is located 1.2 miles from the project site at 7139 Kenyon Way. The project includes the development of a commercial center on land that currently has a General Plan land use designation of Low Medium (LM) Residential and a Victoria Community Plan zoning designation of Medium (M) Residential. As part of the project the applicant is requesting to change the General Plan land use designation to Neighborhood Commercial (NC) and the Victoria Community Plan zoning designation. to Village Commercial. A 4 acre remnant portion of the project area will retain the existing Low Medium (LM) General Plan land use designation and the Victoria Community Plan zoning designation will be changed from Medium (M) Residential to Low Medium (LM) Residential. The commercial project will not increase the number of housing units or 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. .The 4 acre remainder portion of the project area is zoned residential and will increase use of park services and will be required to pay Park Development fees at the time it is developed. No impacts are anticipated. b) See a)response above. • Rev 4-7-15 C to G —95 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 44 Less Than Significant Less Issues and Supporting Information Sources: Potentia y N/ith Than Signi`cant Mitigation Signi:icant No Impact Incorporated Impact Impact 16. TRANS PORTATIONITRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy ( ) ( ) ( ) (✓) establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management ( ) ( ) ( ) (✓) program, including, but not limited to a level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? C) Result in a change in air traffic patterns, including ( ) ( ) ( ) (✓) either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (✓) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (✓) 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 is for the site plan and architectural review of a 100,135 square foot 9-building multi-tenant retail center on 10.93 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan. As part of the project, the applicant has submitted a General Plan Amendment requesting to change the General Plan land use designation from Low Medium (LM) Residential to Neighborhood Commercial (NC); the applicant has also submitted a Victoria Community Plan Amendment requesting to change the Victoria Community Plan zoning designation from Medium (M) Residential to Village Commercial (VC). The Victoria Community Plan Amendment also includes changing the zoning designation for a 4 acre remnant piece of land adjacent to the project site from Medium (M) Residential to Low Medium (LM) Residential, in conformance with the General Plan land use designation. The traffic impacts for the 4 acre remnant parcel will be reviewed at a later date when a project.is submitted on that site. A traffic study was prepared for the 10.93 project site by Urban Crossroads (April 10, 2015). The study reviewed the cumulative impacts on the study area intersections and recommends mitigation measures to address cumulatively significant impacts. The study concludes that the study area intersections are anticipated to operate at an acceptable Level of Service (LOS) under both Opening�Year Cumulative with Project (2017) and Rev 4-7-15 C to G —96 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 45 • Less Than Significant Less Issues and Supporting Information Sources: Potenl:aliy w:;h Than S gnificant %litigation Sigr.;ficanl No Impact Incorporated Imoact Impact Horizon Year with Project conditions (2035) and that no cumulative impacts are anticipated. The traffic study based the project trip generation on the Institute of Traffic Engineers (ITE) trip generation model for the individual land uses proposed within the project area. As shown on the table below, the project is anticipated to generate a net total of approximately 6,576 net trips per day on a typical weekday with 618 net vehicles per hour (VPH) during the weekday AM peak hour and 542 net VPH during the weekday PM peak hour. Project Trip Generation Summary AM Peak Hour PM Peak Haur Land Use Quantity Units' in Ott Total in Out I Total Dai( Supermarket ----+----�_ - - ---- 44.988 TSF 95 58 153 217 209 _ 42.6 4,600 - —___—�- internalCa�!ure Reduction .i0S5_ '_____ -22— 21 71 43 460 Pass 6y P.eduction _ 36% —_ _-_ _--_- -_ — -7C_ 68 238 -1,440_ Net Trips(Supermarket) — 95 58 153 125 120 ._246 2,649 Pharmacy with DrNe-Thru _-.- -15.2f}7 TSF_ 27 25 52 75 75 15i 1,474 Internal Capture Reduction SC96� ?-- -__ -____� ______ -_-g 8. 15-- --_--- _ -147 • __ _ —______Pass•6Y Reduction -.49% ------ ----------- —.33_ --33 - -65 650 Net-Trips(Pharmacy with Orive-Thnaj 27 2S— 52 —35 35 69 —675 Fast-Food with Drive-Thru -_ _3.600 _T_SF _ 83 80 164 61 _ S6 118 1,786 _Internal Capture Reduction _1046_ .5 -• ------ --------- _ _ _ -fl2 _—_179 _ _ __ _ _Pass-By Reduction 49/.0%• s - -4! 39 --8G _28 -25 -53 •804 Net Traps(Fast•Food with Drive-Thru) .w .�.- - -- �43+ r 41 _ -83 28— ��,-- - g3 904 Restaurant use'_ 19.620 TSF 117 95 _212 _116_ 77 143 2,495 Internal Capture Reduction 10?SM .- �`r 12 •8 __ _ Pass-By Reduction 43%_ ,-- - - 45 -30 -75 _•955 Net Trips(Restaura.nt Use) --- 117 95 212 — 59 40 -.99-- _.180 Retail 14.720 TSF 9 5 14 26 213 55 629 Pass-By Reduction 34% '----- .�._.. _._..._. 10.._ ,.....�.„.. -224 Aiet Trifis(Shopping Center) 9 5 14 i7 14 36 .415 Coffee Shap with Drive Thru 2.000 TSF10_3 99 201 43 43 86 1,637 30 Internal Capture Reduction % W �W -4 —' .---�-- _ — -4 _ S _-264 _ Pass-By Reduction 49/5N 3 -_--__ •50 .-48 .59 - . -19• -19+K 38 722 Net Trips(I_offee Shopwith Drive-Thru) — — 52 So 103 29 19 139 751 TOTAL NET TRIPS 343 275 618 283 --25-&-T542 6,57'6 r T;F c Thousand Square Feet a Internal capture trip reducticn cf lo%is assured for mixed-use ratme of the project development. AppCed to the PM peak hour and daily only. I Pass-bY redaction Perco-ntages detorrsrined by taltirg the average of the data provided for Land Uses 820,8S0,gal,and 93.1 ks the ITE Trip Generation Hwuaxook,3rd EdStion,Augast 2014. 'Rates for wgh Turnover(Sit-Do")Restaurant WE W 932)used for Restaurant uses. • Rev 4-7-15 C to G —97 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 46 Less Than Slgnifican: Less Issues and Supporting Information Sources: Pocencialnt with Than Significant With Significant No Impact Incorporated Impact Impact The traffic study calculated Level of Service (LOS) for the 10 intersections that would be impacted by the proposed project for both with and without Opening Year Cumulative (2017) and Horizon Year (2035) traffic conditions. The table below summarizes the findings and indicates that both Opening Year Cumulative (2017) and Horizon Year(2035) Levels of Service (LOS) for the 10 affected intersections remain at or above the "D" LOS which is considered acceptable by Rancho Cucamonga General Plan (Performance (Level of Service) Standards: Section CM12). Summary of Intersection LOS Eidstlng(2014. E+P LOS 2037 NP LOS 2017 WP LOS 2035 NP.LOS. 2035 WP LOS Accepta6k 8.InterSettion AM .PM AM PM AM PM AM PM ! 0.'N PM : .AM. PM LOS 1 Milliken Avenue/Baseline Road C 0 C D C 0 C D C D C D D 2 Rochester Avenue/BaselineRoad D D D D D D D D D D D D D 3 Driveway 1/Baseline Road — C C C C C D 11 D D D D 4 Day Creek Boulevard/Vitoria Fa.k Lane B A B A B A 8 A B B B B D 5 Day Creek Boulevard/Frehouse Court/Dwy 2 A A B A A A B A B A B B D 6 Day Creek Boulevard/Driveway 3 — — C B — — C B — — C B D 7 Day Creek Boulevard/BaseBne Road D C D C D C D C D C D C D 8 Day Creek Boulevard/Church Street C D C D C D C D C D C D D 9 Victoria Park Lane/Baseline Road D D D D D D D D D D D D D 10 Etiwanda Avenue/Baseline Road D D D D D D D 0 D D D D D LOS=Level of Serds:E+P=Existing Plus Prated:NP=No Project(of Without Prejeet):WP L'AL7 Project The table above shows that with implementation of the mitigation measures outlined below and in the traffic study, the cumulative traffic impacts created by the project will be "less-than-significant:" 1) Driveway 1 at Base Line Road — Modify the existing median to provide full access. Install a traffic signal and construct the intersection with the following geometrics: • Northbound Approach: One left turn lane and one shared through-right turn lane. • Southbound Approach: One left turn lane and one shared through-right turn lane. • Eastbound Approach: One left turn lane with minimum 265 feet storage, three through lands and right turn lane. • Westbound Approach: One left turn lane, three through lanes and one right turn lane with minimum 200 feet storage. 2) Day Creek Boulevard at Driveway 2 / Firehouse Court — The intersection with the following existing geometrics is sufficient to accommodate the addition of project traffic: • Northbound Approach: One left turn lane and three through lanes. • Southbound Approach: Three through lanes and one right turn lane. Rev 4-7-15 C to G —98 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 47 • Less Than Significant Less Issues and Supporting Information Sources: Pot--c'ma:ly with Than Sionifican: Mitigation significant No Impact Incorporated Impact Impact • Eastbound Approach: One shared left-right turn lane. 3) Day Creek Boulevard at Driveway 3 — Install a stop control on the eastbound approach and construct the intersection with the following geometrics: • Northbound Approach: Three through lanes. • Southbound Approach: Two through lanes and one shared through-right turn lane. • Eastbound Approach: On right turn lane. b) In November 2004, San Bernardino County voters passed an extension to Measure I 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. With adherence to these programs, no impacts are anticipated. • c) Located approximately 8.5 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles during construction and upon completion of the project and will therefore not create an inadequate emergency access. No impacts are anticipated. f) The project is designed to accommodate public transit and bicycle use by providing a bus shelter with seating on Base Line Road, a bicycle repair station and bicycle racks. No 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? Rev 4-7-15 C to G —99 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 48 Less Than Significant Less Issues and Supporting Information Sources: Significant Mitigation with Than ant Mitigation Signif;•can! No Impact Incorporated Impact Impact C) Require or result in the construction of new storm ( ) ( ) ( ) (✓) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (✓) provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ( ) ( ) ( ) (✓) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (✓) regulations related to solid waste? Comments: a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-1 and RP-4 treatment plants. The RP-1 capacity is sufficient to exceed the additional development within the western and southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to treat all increases in wastewater generation for buildout of the General Plan. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. C) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is not considered significant. d) The 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. No impacts are anticipated. e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. No impacts are anticipated. Rev 4-7-15 C to G —100 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 49 • Less T^an S,gni`canl Less Issues and Supporting Information Sources: Potentialy Wit" Th-an SigniFca.^,1 Mitiga:icn significant No Impact Incorporated Imcact Impact 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. No impacts are anticipated. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 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 site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Figure RC-4. A Biological Resources Assessment Survey was conducted on the project site by LSA on February 26, 2015. The assessment found that the onsite vegetation, which includes Riversidean Alluvial Fan Sage Scrub, is potential habitat for the Coastal California gnatcatcher and recommends that nonbreeding season surveys be conducted for the Coastal California gnatcatcher. The assessment concluded that the onsite plant communities, including the Riversidean Alluvial Fan Sage (RSS) Scrub, was disturbed and isolated from a larger block of habitat and that the loss of 10 acres of RSS is not considered substantial and does not require mitigation. The assessment did recommend that if vegetation clearing is planned during the avian nesting season (approximately February 1 through August 31) that nesting bird surveys be conducted 30 days prior to vegetation clearing to ensure the protection of birds covered by the California Fish and Game Code. Focused surveys for the Coastal California gnatcatcher were conducted by LSA from March 25, 2015 through May 7, 2015 (Report date May 19, 2015). The study concluded that no Coastal California gnatcatchers were • detected during the survey. A follow-up study was also submitted by LSA (July 29, 2015) that discussed whether the project site was suitable habitat for the burrowing owl. The study concluded that the vegetation on the project site was not suitable habitat for the burrowing owl and that no burrowing owls were observed on the project site. A burrowing Rev 4-7-15 Cto G —101 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM19637 Page 50 Less Than Significant Less Issues and Supporting Information Sources: Significant ally With Than ant Mitigation Significant No Impact Incorporated Impact Impact owl survey is being required prior to ground clearing activities to assure that burrowing owls have not occupied the project site during the intervening time between the submitted study and ground clearing activities. With the mitigation measures included under Section 4 (Biological Resources) of this report, any impacts to sensitive species will be less than significant. b) If the proposed project were approved, the applicant would be required to develop the site in accordancewith the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. C) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier PEIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (T) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH#88020115, certified January 4, 1989) Rev 4-7-15 CtoG -102 Initial Study for City of Rancho Cucamonga < Tentative Parcel Map SUBTPM19637> Page 51 ® (T) Victoria Planned Community EIR (Certified May 20, 1981) Technical Appendences (see disc) (A) Air Quality Impact Analysis (Urban Crossroads; April 7, 2015) (B) Biological Resources Assessment (LSA; February 26, 2015) (C) Biological Resources Assessment (California Gnatcatcher)(LSA; May 19, 2015) (D) Biological Resources Assessment (Burrowing Owl)(LSA; July 29, 2015) (E) Cultural Resources Assessment(LSA, July 2015) (F) Greenhouse Gas Analysis (Urban Crossroads; April 7, 2015) (G) Noise Impact Analysis (Urban Crossroads; April 10, 2015) (H) Traffic Impact Analysis (Urban Crossroads; April 10, 2015) APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have • read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Applicant's Signature: Date: Print Name and Title: • Rev 4-7-15 C to G —103 MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: SUBTPM19637 Applicant: Lewis Retail Centers Initial Study Prepared by: Tabe Van der Zwaag Date: 9/25/15 Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-compliance Section 3—Air Quality Short Term (Construction) Emissions 1) All clearing, grading, earth-moving, or PD C Review of plans A/C 2/4 excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions. 2) The contractor shall ensure that all disturbed 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 o complete coverage of disturbed areas, shall G) occur at least three times a day, preferably in the midmorning, afternoon, and after work is c done for the day. 3) The contractor shall ensure that traffic speeds PD C Review of plans A/C 2/4 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 Page 1 of 18 Mitigation Measures No. / Responsible Monitoring Timing ofMethod of Verified Sanctions for Implementing Action _ for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 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 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 asphalt shall meet or exceed performance --- —�- - ---- - ) p P gp g Review of plans A/C 2 standards noted in SCAQMD Rule 1108. 9) All paints and coatings shall meet or exceed BO g Review of plans A/C 2 performance standards noted in SCAQMD i Rule 1113. Paints and coatings shall be n applied either by hand or high-volume, low- 0 pressure spray. 10) All construction equipment shall comply with gp C Review of plans A/C 2/4 SCAQMD Rules 402 and 403. Additionally, , LL„ contractors shall include the following provisions: - — • Reestablish ground cover on the gp C Review of plans A/C 2/4 construction site through seeding and watering_. • Pave or apply gravel to any on-site haul gpC Review of plans A/C 2/4 -- roads. --- ---I-- - -' -- ----- - ---- - • Phase grading to prevent the gp C Review of plans A/C 2/4 susceptibility of large areas to erosion over extended periods of time. _ • Schedule activities to minimize the gp C Review of plans A/C 2/4 amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in gp C Review of plans A 4 accordance with local ordinances and — — use sound engineering practices. • Sweep streets according to a schedule gp C During construction A 4 established by the City if silt is carried Page 2 of 18 Mitigation Measures No. / Responsible Monitoring Timing of J Method of Verified Sanctions for Implementing Action for Monitoring Frequency _Verification Verification Date/Initials Non-Compliance over to adjacent public thoroughfares or occurs as a result of hauling. Timing ! may vary depending upon the time of ! year of construction. • Suspend grading operations during high BO C During construction A 4 winds (i.e., wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard BO C During Construction A 4 ratio on soils haul trucks or cover payloads using tarps or other suitable means. 11) The site shall be treated with water or other BO C During construction A 4 soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM.1o) emissions, in accordance with ri SCAQMD Rule 403. e+ — — 0 12) Chemical soil-stabilizers (approved by BO C During construction A 4 SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain Cn rn inactive for 96 hours or more to reduce PM10 emissions. Long Term Emissions 13) Provide adequate ingress and egress at all BO C During construction A 4 entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy BO C During construction A 4 vehicles and shuttle services. 15) Schedule truck deliveries and pickups during BO C During construction A 4 off-peak hours. 16) Improve thermal integrity of the buildings and BO C During construction A 4 reduce thermal load with automated time clocks or occupant sensors. 17) Landscape with native and/or drought- BO C During construction I A 4 resistant species to reduce water consumption and to provide passive solar benefits. Page 3 of 18 • _ _ 0 _ _ 0 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action — for Monitoring_ Frequency -Verification Verification_ Date/Initials Non-Compliance 18) Provide lighter color roofing and road BO C During construction A 4 materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 19) Comply with the AQMP Miscellaneous BO C During construction A 4 Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 20) All commercial facilities shall post signs BO C Review of plans A 4 requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 21) All commercial facilities shall designate PD C Review of plans A/C 2/3 preferential parking for vanpools. 22) All commercial site tenants with 50 or more PD C Review of plans p 2/3 -- employees shall be required to post both bus r) and Metrolink schedules in conspicuous r+ o areas. Gl -- -- All commercial site tenants with 50 or more D 2/3 � PD C Review of plans -- employees shall be required to configure their 0 operating schedules around the Metrolink schedule to the extent reasonably feasible. 24) All commercial structures shall be required to BO C/D Review of plans C 214 incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 25) All commercial structures shall be required to BO C/D Review of plans C 2/4 incorporate thermal pane windows and weather-stripping. 26) All new development in the City of Rancho BO C/D Review of plans C 2/4 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 Page 4 of 18 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring_ Frequency Verification Verification Date/Initials Non-Compliance after March 9, 2009. Section 4-Biological Resources 1) Three days prior to the removal of PD C Review of plans A/C 2/4 vegetation or ground-disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through 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 n conditions, then no disturbance shall occur o within 300 feet of non-raptor nests, and within 5,000 feet of raptor nests, during the i breeding season to avoid abandonment of c young. 00 If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume _ 2) Perform a Burrowing Owl Survey that is in PD C Review of plans A/C 2/4 conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 Page 5 of 18 • _ _ _ •_ _ _ _ 0 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action _ for Monitoring Frequency Verification Verification Date/Initials Non-Compliance days of groundbreaking activity. The survey — - shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non-breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre- construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre- construction survey, measures shall be n developed by the qualified biologist in o coordination with CDFW to avoid Gl Impacting occupied burrows during the i nesting period. These measures shall be based on the most current CDFW to protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre-construction survey, the site shall be resurveyed for owls. • During the non-breeding season from September 1 through January 31, if burrows are occupied by migratory or non-migratory resident burrowing owls during a pre-construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in _ coordination with CDFW using the most Page 6 of 18 Mitigation Measures No. ! Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. Section 5—Cultural Resources 1) If any prehistoric archaeological resources rn are encountered before or during grading, the developer will retain a qualified archaeologist 0to monitor construction activities, to take i appropriate measures to protect or preserve them for study. With the assistance of the CD 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 PD/BO C Review of report A/D 3/4 require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. _ • Pursue educating the public about the PDIBO C Review of report A/D 3/4 archaeological heritage of the area. _ • Prepare a mitigation plan consistent with P/D B/C Review of A/D Section 21083.2 Archeological Plans/Report During resources of CEQA to eliminate adverse Construction project effects on significant, important, Page 7 of 18 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 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 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 PD B Review of report A/D 4 animal fossils) are encountered before or during grading, the developer will retain a h qualified paleontologist to monitor i o construction activities, to take appropriate C) 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: i • Assign a paleontological monitor, trained PD BReview of report A/D 4 and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area BO B/C Review of report A/D 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 Page 8 of 18 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all PD D Review of report D 3 recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Mus_eum). • Submit summary report to City of PD D Review of report D 3 Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. Section 6—Geology and Soils 1) The site shall be treated with water or other BO C During construction A 4 soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, in accordance with SCAQMD Rule r) 403 or re-planted with drought resistant o landscaping as soon as possible. G1 2) Frontage public streets shall be swept BO C During construction A 4 according to a schedule established by the NCity 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 BO C During construction A 4 wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. _ 4) Chemical soil-stabilizers (approved by BO C During construction A 4 SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Section 7 —Greenhouse Gas Emissions 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 Page 9 of 18 Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action — for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 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 manufactures' specification. 3) Trucks shall not idle continuously for more BO C During construction A 4 than 5 minutes. 4) Alternative fuel powered equipment shall be BO C A 4 utilized in lieu of gasoline- or diesel-powered During construction engines where feasible. i 5) Construction should be timed so as not to BO I C During construction A I 4 n interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be BO C - 4 supported and encouraged for construction I During construction A crew. 0 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 I manufactured in an environmentally friendly way including low-volatile-organic-compound (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 such that heat transfer and thermal bridging is minimized. • Limit air leakage through the structure and/or within the heating and cooling Page 10 of 18 Mitigation Measures No. 1 Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance distribution system. • Incorporate Energy Star or better rated windows, space heating and cooling i equipment, light fixtures, and appliances. i • Landscape and developed site utilizing shade, prevailing winds and i landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. o Install solar or light emitting diodes (LED's)for outdoor lighting. • Design buildings to accommodate photo- voltaic solar electricity systems or the o installation of phot-voltaic solar electricity systems. I 9 Install electrical hook-ups at the loading dock areas. • Install dual paned windows or other energy efficient windows. • Install automatic devices to turn off lights where they are not needed. 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 i within the project if available and/or ' install the infrastructure to deliver and i _ � L. Page 11 of 18 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification use reclaimed water. Verification Date/Initials Non-Compliance - — - — • 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 CE A Review of plans C 2 demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. Section 9 Hydrology and Water Quality n Construction Activities — — r+ _ 1) Prior to issuance of grading permits the BO B/C/D A/C permit applicant shall submit to Building Review of plans 2/4 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 for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to Page 12 of 18 Mitigation Measures No. ! Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such BO B/C/D Review of plans A/C 2/4 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, BO B/C/D Review of plans A/C 2/4 street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of grading or paving BO B/C/D Review of plans A/C 2/4 permits, the applicant shall obtain a Notice of n Intent (NOI) to comply with obtaining o coverage under the National Pollutant Discharge. Elimination System (NPDES) i General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. 6) Prior to issuance of building permits, the BO B/C/D Review of plans A/C 2/4 applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. Page 13 of 18 0 ___-_- 0 0 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action _ for Monitoring Frequency Verification Verification_ Date/Initials Non-Compliance 7) Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4 controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) The developer shall implement the BMPs BO B/C/D Review of plans A/C 2/4 identified in the Water Quality Management Exhibit prepared by Madole and Associates, Inc. to reduce construction pollutants from entering the storm drain system to the maximum extent_practical. _ Section•12._ Noise Exterior 0 1) Install temporary noise control barriers that BO C During construction A 4 provide a minimum noise level attenuation of 10 dBA when project construction occurs near existing noise-sensitive structures. The noise control barrier must present a solid face from top to bottom. The noise control barrier must be high enough and long enough to block the view of the nose source. Unnecessary openings shall not be made. The noise barriers must be maintained and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or opening between the barrier and the ground shall be promptly repaired. 2) During all project site construction, the BO C During construction A 4 construction contractors shall equip all construction equipment, fixed or mobile, with property operation and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from noise Page 14 of 18 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance sensitive receptors nearest to the project site. 3) The construction contractor shall locate BO C During construction A 4 equipment staging in areas that will create the greatest distance between construction- related noise sources and noise-sensitive receivers. 4) The construction contractor. shall limit haul BO C During construction A 4 truck deliveries to the same hours specified for construction activities (8:00 p.m. and 6:30 a.m. on weekdays, including. Saturday, or at any time on Sunday or a national holiday). The contractor shall prepare a haul route exhibit and shall design delivery routes to minimize the exposure of sensitive land used or residential dwellings to delivery truck related noise. rn 5) Business operations shall maintain a noise BO C During construction A 4 o level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, 00 containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. Interior 1) Construction or grading shall hot take place BO C During construction A 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. 2) Construction or grading noise levels shall not BO C During construction A 4 exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. 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 Page 15 of 18 • • Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring_ Frequency Verification Verification Date/Initials Non-Compliance the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed PD C During construction A A as early as possible in the first phase. 4) Haul truck deliveries shall not take place POW C During construction A 4/7 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 n would exceed 100 daily trips (counting both to and from the construction site), then the o 0developer shall prepare a noise mitigation i plan denoting any construction traffic haul routes. To the extent feasible, the plan shall to denote haul routes that do not pass sensitive land uses or residential dwellings. Section,16=,Transportation/Traffic — --"--- -- 1) Driveway 1 at Base Line Road — Modify the PO/BO C During construction A 4/7 existing median to provide full access. Install a traffic signal and construct the intersection with the following geometrics: • Northbound Approach: One left turn lane and one shared through-right turn lane. • Southbound Approach: One left turn lane and one shared through-right turn lane. • Eastbound Approach: One left turn lane with minimum 265 feet storage, three Page 16 of 18 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance through lands and right turn lane. Westbound Approach: One left turn lane, three through lanes and one right turn lane with minimum 200 feet storage. 2) Day Creek Boulevard at Driveway 2 / PO/BO C During construction A 4/7 Firehouse Court — The intersection with the following existing geometrics is sufficient to accommodate the addition of project traffic: • Northbound Approach: One left turn lane and three through lanes. • Southbound Approach: Three through lanes and one right turn lane. n • Eastbound Approach: One shared left- 0 right turn lane. G1 3) Day Creek Boulevard at Driveway 3 — Install PO/BO C During construction A 4/7 lb a stop control on the eastbound approach , and construct the intersection with the C) following geometrics: • Northbound Approach: Three through lanes. • Southbound Approach: Two through lanes and one shared through-right turn lane. • Eastbound Approach: On right turn lane. Key to Checklist Abbreviations s, r.'Method.:of;VerifIca tion> Sanctions :: ::;;;:.;:;..:::.:: ;:..:. ..u- Res onsible Pe son. 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 Page 17 of 18 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 n 0 r1 I N r Page 18 of 18 t State of California-Natural Resources Agency EDMUND G BROWN Jr Governor •. DEPARTMENT OF FISH AND WILDLIFE CHARLTON H.BONHAM,Director Inland Deserts Region 3602 Inland Empire Blvd., Suite C-220 Ontario,CA 91764 i (909)484-0459 www.wildlife.ca.gov i i i October 27, 2015 { Mr. Tabe Van Der Zwaag Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: Initial Study and Mitigated Negative Declaration Day Creek Marketplace and Residential Project State Clearinghouse No. 2015101018 Dear Mr. Van Der Zwaag: The California Department of Fish and Wildlife (Department).appreciates the opportunity to comment on the Initial Study(IS) and proposed Mitigated Negative Declaration (MND)for the Day Creek Marketplace and Residential Project(Project) [State Clearinghouse No. 2015101018]. The Department is responding to the IS and proposed MND as a Trustee Agency for fish and wildlife resources (California Fish and Game Code Sections 711.7 and 1802, and the California Environmental Quality Act [CEQA] Guidelines Section 15386), and as a Responsible Agency regarding any discretionary actions (CEQA Guidelines Section 15381), such as the issuance of a Lake or Streambed Alteration Agreement(California Fish and Game Code Sections 1600 et seq.)and/or a California Endangered Species Act(CESA) Permit for Incidental Take of Endangered, Threatened, and/or Candidate species (California Fish and Game Code Sections 2080 and 2080.1). Proiect Description The proposed project site is located north of Base Line Road, west of Day Creek i Boulevard, south of the Pacific Electric Bike Trail, and east of the Day Creek Flood Control Channel, within the City of Rancho Cucamonga, San Bernardino County, California. The project proposes to amend the General Plan and Victoria Community Plan to change the land use designation to allow the development of a commercial center of 10.94 acres of land and 4 acres designated for the future development of multi-family housing. Biological Resources and Impacts The Department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable ,ruing Caf forma's Wifdlife Since 1870 EXHIBIT M CtoG _122 Initial Study and Mitigated Negative Declaration Day Creek Marketplace and Residential Project I • SCH No. 2015101018 Page.3 of 5 policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service". This is incorrect: the project site supports Riversidean i alluvial fan sage scrub (RAFSS), a state designated S=1.1 "very threatened" community. Page 5 of the BRA states that "because (the on-site RAFSS) is disturbed and isolated from larger blocks of habitat; the loss of 10 acres of (RAFSS) is not considered substantial."The Department does not concur with j this conclusion, and considers net loss of this imperiled habitat to be adverse and significant. We recommend that the MND be revised to include a thorough and detailed analysis of the temporal, permanent, and cumulative impacts to RAFSS C habitat. The Department considers sensitive plant communities to be imperiled habitats having both local and regional significance. Plant communities, alliances, and associations with a statewide ranking of S-1, S-2, S-3, and S-4 should be considered sensitive and declining at the local and regional level. These ranks can be obtained by querying the CNDDB and are included in The Manual of j California Vegetation (Sawyer et al. 2009). i The Department strongly encourages the City and the project applicant to avoid and conserve the on-site RAFSS habitat to the greatest extent feasible. If • complete avoidance is not possible, the Department recommends that the City revise the MND to include a thorough and detailed mitigation proposal to address i the temporal, permanent, and cumulative impacts. 4. Impacts to Streambed Habitat. Page 3 of the BRA characterizes the on-site ephemeral stream as "a drainage ditch created by roadside runoff," and states that it"does not contain CDFW riparian habitat and is. not considered a natural waterway regulated by CDFW."The Department does not concur with this G statement. Based on a review of aerial photography, and the photographs supplied in Figure 4A of the BRA, it is likely that the project applicant will need to notify the i Department per Fish and Game Code section 1602. Fish and Game Code section 1602 requires an entity to notify the Department prior to commencing any activity that may do one or more of the following: Substantially divert or obstruct i the natural flow of any river, stream or lake; Substantially change or use any material from the bed, channel or bank of any river, stream, or lake; or Deposit debris, waste or other materials that could pass into any river, stream or lake. Please note that "any river, stream or lake" includes those that are episodic(i.e., those that are dry for periods of time) as well as those that are perennial (i.e., those that flow year round). This includes ephemeral streams, desert washes, and watercourses with a subsurface flow. It may also apply to work undertaken within the flood plain of a body of water. Upon receipt of a complete notification, the Department determines if the proposed project activities may substantially adversely affect existing fish and C to G —123 I Initial Study and Mitigated Negative Declaration: Day Creek Marketplace and Residential.Project' SCH No. 2015101018 Page.5 of 5 j Literature Cited Braden, G., and. R.. McKernan. 2000. A Data Based Survey Protocol and Quantitative Description of Suitable Habitat for the Endangered San Bernardino Kangaroo Rat. Sari Bernardino County Museum. June 2000. 35 pp Sawyer, J. O., T. Keeler-Wolf, and J. M. Evens. 2009. A manual of California Vegetation, 2"d ed. California Native Plant Society Press, Sacramento, California. http://vegetation.cnps.org/ i i j 1 i i ' I C to G —124 L 15A ASSOCIATES. INC BERKELEY FRESNO PT RICHMOND • 15V IOWA AVENUE, SUITE 200 951.731.9310 TEL FOR COLLINSPALM SAN LUN RIVERSIDE. CALIFORNIA 92507 951.731.4277 FAX FORT COLP.4LS1 SPRINGS SAN LUIS OBISPO MEMORANDUM DATE: October 30,2015 TO: Tabe Van Der Zwaag,City of Rancho Cucamonga FROM: Lynn Calvert-Hayes, LSA Denise Woodard,LSA SUBJECT: Response to California Department of Fish and Wildlife Comments on the Initial Study/Mitigated Negative Declaration Day Creek Marketplace and Residential Project State Clearinghouse No.2015101018 The following provides responses to comments received from the California Department of Fish and Wildlife(CDFW)in a letter dated October 27, 2015,addressed to the City of Rancho Cucamonga (City.) CDFW Comment 1. San Bernardino Kangaroo Rat.The project site contains suitable habitat for, and is located within one mile of federally designated critical habitat for San Bernardino kangaroo rat (SBKR),a federally endangered species and California Species of Special Concern.Although the roads,flood control channel, and bike trail surrounding the site present barriers to SBKR movement, • the Department does not concur that SBKR can be presumed absent based on the presence of barriers alone. Nor can SBKR be precluded by the level of disturbance on the site: SBKR have been detected in disturbed habitat, including orange groves, former vineyards,and areas containing non-native grasses and other'ruderal'vegetation(Braden and McKernan 2000). Absent a focused trapping survey,the Department recommends that the City consult with the United States Fish and Wildlife Service(Service)prior to initiation of project activities. Response.LSA Biologists Richard Erickson and Leo Simone,who are permitted under LSA's Federal Fish and Wildlife Permit TE-777965-10(March 22,2013—March 21,2017)and CDFW attachment to Scientific Collecting Permit SC-000777 providing Conditions for Research on Listed Mammals(November 27,2012—January 31,2017)determined the habitat on the project site is unsuitable for the San Bernardino kangaroo rat(SBKR). While it is true that the site is within one mile of designated critical habitat for this species,and potentially suitable Riversidean alluvial fan sage scrub(RAFSS)habitat is present on site,the site is isolated and fragmented from existing known SBKR occupied sites.Over the past 15 years LSA has conducted extensive trapping in the project area with no SBKR captures. Extensive development of the surrounding area and channelization of the drainage channel has effectively isolated the project site from known occupied locations,the nearest of which is f 3 miles away. No change in the significance of the impact identified in the Initial Study/Mitigated Negative Declaration would occur. CDFW Comment 2. Sensitive Species.The Biological Resources Assessment(BRA)identifies the following special-status species as potentially occurring on-site:coast horned lizard(Phrynosoma hlaini 71177),northwestern San Diego pocket mouse(Chaetodipus fallax fallax), San Diego desert • woodrat(Neotoma lepida intermedia),Parry's spineflower(Chori_anthe parryi var.parryi),and mesa tchell'•Desktop'10 30 2015 Memo to Rancho Cucarnonga re CDFW ISM ND Comments edited Ich.doc) EXHIBIT N C to G -125 LSA ASSOCIATE'S. INC. ranks can be obtained by querying the CNDDB and are included in The Manual of California Vegetation(Sawyer et al.2009). The Department strongly encourages the City and the project applicant to avoid and conserve the on- site RAFSS habitat to the greatest extent feasible.If complete avoidance is not possible,the Department recommends that the City revise the MND to include a thorough and detailed mitigation proposal to address the temporal,permanent,and cumulative impacts. Response.The plants species occurring on the proposed project site are not intrinsically rare or valuable. RAFSS habitat in a more natural setting is often considered sensitive because of its dynamic nature(on active alluvial fans),plant and animal species diversity,and the fact that it can be habitat for rare or endangered species and healthy populations of other special-status species. As detailed in the response above,the RAFSS habitat on site is degraded and not considered suitable for the long term preservation of the non-listed sensitive species discussed in the response to Comment 2 above. In addition,the listed Californian gnatcatcher was found to be absent,and the habitat is considered unsuitable for the listed San Bernardino kangaroo rat as discussed in the response to Comment 1 above.Again,the RAFSS habitat is isolated from other RAFSS habitat in the region by extensive development.Preservation of this habitat would not contribute to the conservation effort of larger blocks of this habitat in the region.The loss of the RAFSS habitat on site will result in an incremental loss of habitat in the region,but is not considered cumulatively significant'when considered in the context of the larger scale conservation efforts described Response to.Comment 2. No change in the significance of the impact identified in the Initial Study/Mitigated Negative Declaration would occur. CDFW Comment 4.Impacts to Streambed Habitat.Page 3 of the BRA characterizes the on-site ephemeral stream as"a drainage ditch created by roadside runoff,"and states that it"does not contain CDFW riparian habitat and is not considered a natural waterway regulated by CDFW."The Department does not concur with this statement. Based on a review of aerial photography,and the photographs supplied in Figure 4A of the BRA, it is likely that the project applicant willneed to notify the Department per Fish and Game Code Section 1602. Fish and Game Code section,1602 requires an entity to notify the Department prior to commencing any activity that may do one or more of the following: Substantially divert or obstruct the natural flow of any river;stream or lake; Substantially change or use any material from the bed, channel or bank of any river,stream,or lake;or Deposit debris,waste or other materials that could pass into any river,stream or lake.Please note that"any river,stream or lake" includes those that are episodic(i.e.,those that are dry for periods of time)as well as those that are perennial(i.e.,those that flow year round).This includes ephemeral streams,desert washes,and watercourses with a subsurface flow.It may also apply to work undertaken within the flood plain of a body of water. Upon receipt of a complete notification,the Department determines if the proposed project activities may substantially adversely affect existing fish and wildlife resources and whether a Lake and Streambed Alteration(LSA)Agreement is required.An LSA Agreement includes measures necessary to protect existing fish and wildlife resources. CDFW may suggest ways to modify your project that would eliminate or reduce harmful impacts to fish and wildlife resources. 112'15(`loc.net`.dfs`Users'w•rmitchell`•Desktop`10 30 2015 Memo to Rancho Cucamonga re CDFW ISNIIND Comments edited Ich.doc) 3 C to G -126 LSA ASSOCIATES. INC. continue to nest after August 31.Therefore, the Department recommends that nesting bird surreys occur regardless of the time of vear. Response. The project will require nesting bird surveys within 3 days prior to vegetation removal or ground clearing activities between January l and August 31,as recommended. It is recommended that Mitigation Measure Ibe revised as follows: I) Three days prior to the removal of vegetation or ground-disturbing activities,a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through 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 sun-ival. If the biologist is unable to verify one of the above conditions,then no disturbance shall occur within 300 fe.et'of non-raptor nests, and within 5,000 feet of raptor nests,during the breeding season to avoid abandonment of young. It is recommended that third bullet of Mitigation 2 be revised as follows: • If nests are discovered,they shal l be avoided throuQ the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist.The temporary"no ® construction"area shall be maintained until the nest has'Ornpleted its cycle,as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest,construction in the area may resume. v y The modification of the stated mitigation.Nyzll not alter the significance finding identified in the Initial Study/Miti.�ated Negative Declaration. v it? 15(.loc.nerdfs Users urmitchel['Desktop'10.0 2015:Memo to Rancho Cucamonga to CDFW ISWN"D Comments edited Ich.doc) C to G -127 RESOLUTION NO. 15-68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2015-00388, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FOR 10.94 ACRES OF LAND FROM LOW MEDIUM (LM) RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL (NC) RELATED TO THE CONSTRUCTION OF A 100,135 SQUARE FOOT 9-BUILDING MULTI- TENANT RETAIL CENTER LOCATED AT THE NORTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD IN THE MEDIUM (M) ZONING DISTRICT OF THE VICTORIA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN'S: 1089-031-15, 16, 35 AND A PORTION OF 1089-031-14. A. Recitals. 1. Lewis Retail Centers filed an application for the approval of General Plan Amendment DRC2015-00388 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment request is referred to as "the application." 2. On the 10th day of November 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 November 10, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan; and b. To the north is RCFPD Station 173 within the Community Facilities (CF) Zoning District and vacant land within the Medium (M)Zoning District of the Victoria Community Plan;to the south is vacant land within the Regionally Related Office/Commercial (RROC)Zoning District of the Victoria Community Plan; to the east are single-family residences within the Low Medium (LM) Zoning District of the Victoria Community Plan; and, to the west is a San Bernardino County Flood Control Maintenance Yard within the Medium (M) Zoning District of the Victoria Community Plan; and C to G —128 PLANNING COMMISSION RESOLUTION NO. 15-68 GENERAL PLAN AMENDMENT DRC2015-00388 LEWIS RETAIL CENTER • NOVEMBER 10, 2015 Page 2 C. The General Plan Land Use designation of the project site is Low Medium (LM) Residential. The project site is within the Victoria Community Plan area with a zoning designation of Medium (M) Residential. The applicant has submitted a General Plan Amendment to change the General Plan land use designation for the 10.94 acre project site to Neighborhood Commercial(NC) and a Victoria Community Plan Amendment to change the Victoria Community Plan Zoning Designation for the 10.94 acre project site to Village Commercial (VC), which is the Victoria Community Plan equivalent to the Neighborhood Commercial (NC) designation; and d. The General Plan land use designation for the 4 acre parcel to the north of the project site will remain Low Medium (LM) residential. The Victoria Community Plan Zoning Designation for this 4 acre parcel of land is being requested to be changed from Medium (M) Residential to Low Medium (LM) Residential, in conformance with the General Plan. e. The application includes the subdivision of 14.08 acres of vacant land into 6 parcels including 10.08 acres of land for the purpose of developing a 100,135 square foot multi- tenant retail center and a 4 acre remainder parcel for the future development of a multi-family senior housing project; and f. 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 related development. The proposed General Plan Amendment will change the Land Use Designation of the project site from Low Medium (LM) Residential to Neighborhood Commercial. • The General Plan outlines that the Neighborhood Commercial (NC) Land Use District is for small- scale shopping centers(5 to 15 acres in size) located near or within residential neighborhoods.The General Plan has a stated policy (Policy LU-1.3) of encouraging commercial centers to serve a broad range of retail and service needs for the community. The project site is proposed to be developed with a 100,135 square foot retail center with a grocery store,drug store and small service oriented businesses, in conformance with the intent of the General Plan; and g. This amendment does promote the goals and objectives of the General Plan Land Use Element. The General Plan has a stated goal (Goal LU-2) of facilitating sustainable and attractive infill development that complements surrounding neighborhoods and is accessible to pedestrians, bicycles, transit and automobiles. The proposed commercial development is designed to complement the surrounding neighborhood and will provide convenient vehicle, pedestrian and bicycle access to goods and services; and h. 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. The proposed General Plan Amendment will change the General Plan Land Use Designation from Low Medium (LM) Residential to Neighborhood Commercial (NC). Air quality, greenhouse gas,traffic and noise studies were submitted as part of the environmental review of the project. With implementation of mitigation measures outlined in the related Initial Study, any environmental impacts related to the project will be less than significant. 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 subject property is suitable for the uses permitted in the proposed district in terms of access, size and compatibility with the existing land uses in the surrounding area. The C to G —129 PLANNING COMMISSION RESOLUTION NO. 15-68 GENERAL PLAN AMENDMENT DRC2015-00388 LEWIS RETAIL CENTER NOVEMBER 10, 2015 Page 3 10.94 acre project site is located at the intersection of two major streets, Day Creek Boulevard and Base Line Road, and is well suited for the proposed commercial development. The project site is separated from adjacent residential land uses by public streets, limiting any potential noise and glare issues and will become an integral part of the surrounding area. b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties.Air quality, greenhouse gas,traffic and noise studies were submitted as part of the environmental review of the project. With implementation of mitigation measures outlined in the related Initial Study,any environmental impacts related to the project will be less than significant. C. The proposed amendment meets the goals and policies of the General Plan. The General Plan states that the intent of the Neighborhood Commercial (NC) Land Use District is for small-scale shopping centers (5 to 15 acres in size) located near or within residential neighborhoods.The 10.94 acre project site is located at the corner of two major streets and is easily accessible to the surrounding residences. 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 assessmentfor 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 that the City Council adopt a Mitigated Negative Declaration 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. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it,finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission furtherfinds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration prior to approving the requested General Plan Amendment. 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 that the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records forthe Initial Study,Mitigated Negative Declaration 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 C to G —130 PLANNING COMMISSION RESOLUTION NO. 15-68 GENERAL PLAN AMENDMENT DRC2015-00388 LEWIS RETAIL CENTER • NOVEMBER 10, 2015 Page 4 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 that the City Council approve the General Plan Amendment application as shown in Attachment "A" subject to each and every condition set forth below. Planning Department 1) Approval is for General Plan Amendment DRC2015-00388 to change the General Plan land use designation from Low Medium (LM) Residential to Neighborhood Commercial for 10.94 acres of land atthe northwest corner of Day Creek Boulevard and Base Line Road;APN's: 1089-031-15, 16, 35 and a portion of 1089-031-14. 2) Approval is contingent upon City Council approval and enactment of Victoria Community Plan Amendment DRC2015-00390. 3) Approval is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impacts for the project and the Mitigation Monitoring Program and all mitigations contained therein. • 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) 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: Candyce Burnett, Secretary C to G —131 PLANNING COMMISSION RESOLUTION NO. 15-68 GENERAL PLAN AMENDMENT DRC2015-00388 LEWIS RETAIL CENTER NOVEMBER 10, 2015 Page 5 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 10th day of November 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Cto G —132 e ■3D0 General R _ n ExistI � ing ^^�• 0 i \ 0 q r-4. LOW MEDIUM RESIDENTIAL (4-8 du/ac) � I FLOOD CONTROL (FC) I G) UTILITY CORRIDOR (UC) w Project Site i I LOW MEDIUM RESIDENTIAL (4-8 du/ac on en OPEN SPACE (OS) ��i�j�/�� �MIXED,USE (MU) REGIONAL RELATED OFFICE/ COMMERCIAL (RROlC)���������� �� Gopy,1J11 i 201 y"Id I F, 0 75 ,50 300 General Plan Proposed LOW MEDIUM RESIDENTIAL (4-8 du/ac) i FLOOD CONTROL (FC) ° opo oP ''I I w UTILITY CORRIDOR (Uc) A i Project Site � NEIGHBORHOOD COMMERCIAL (NC) i I I _ I I I 09 OPEN SPACE (OS) MIXED'USE,(MU) REGIONAL RELATED OF / COMMERCIAL (RRO/C) � IZ/ pyrlq, a� Esrl,,o !wv ,E T m RESOLUTION NO. 15-69 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY PLAN AMENDMENT DRC2015-00390, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN ZONING DESIGNATION FOR 10.94 ACRES OF LAND FROM MEDIUM (M) RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL (VC) RELATED TO THE CONSTRUCTION OF A 100,135 SQUARE FOOT 9-BUILDING MULTI-TENANT RETAIL CENTER AT THE NORTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD. THE AMENDMENT ALSO INCLUDES CHANGING THE ZONING DESIGNATION FOR 4 CONTIGUOUS ACRES OF LAND FROM MEDIUM (M) RESIDENTIAL(8-14 DWELLING UNITS PER ACRE)TO LOW MEDIUM (LM) RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) AND A TEXT AMENDMENT CLARIFYING DEVELOPMENT STANDARDS;AND MAKING FINDINGS IN SUPPORT THEREOF—APN'S: 1089-031-15, 16, 35 ANDA PORTION OF 1089-031-14. A. Recitals. 1. Lewis Retail Centers filed an application for the approval of Victoria Community Plan Amendment DRC2015-00390 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Victoria Community Plan Amendment request is referred to as "the application." • 2. On the 10th day of November 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 November 10, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan; and b. To the north is RCFPD Station 173 within the Community Facilities (CF) Zoning • District and vacant land within the Medium (M)Zoning District of the Victoria Community Plan;to the south is vacant land within the Regionally Related Office/Commercial (RROC)Zoning District of the Victoria Community Plan; to the east are single-family residences within the Low Medium (LM) Cto G —135 PLANNING COMMISSION RESOLUTION NO. 15-69 VICTORIA COMMUNITY PLAN AMENDMENT DRC2015-00390 LEWIS RETAIL CENTER NOVEMBER 10, 2015 Page 2 Zoning District of the Victoria Community Plan; and, to the west is a San Bernardino County Flood Control Maintenance Yard within the Medium (M) Zoning District of the Victoria Community Plan; and C. The General Plan Land Use designation of the project site is Low Medium (LM) Residential.The project site is within the Victoria Community Plan area with a zoning designation of Medium (M) Residential. The applicant has submitted a General Plan Amendment to change the General Plan land use designation for the 10.94 acre project site to Neighborhood Commercial(NC) and a Victoria Community Plan Amendment to change the Victoria Community Plan Zoning Designation for the 10.94 acre project site to Village Commercial (VC) and to change the zoning designation for 4 acres north of the project site to Low Medium (LM) Residential; and d. The Victoria Community Plan Amendment also includes a text amendment stating that"building setbacks to be determined through the development approval process;" and e. The application includes the subdivision of 14.08 acres of vacant land into 6 parcels including 10.08 acres of land for the purposes of developing a 100,135 square foot multi- tenant retail center and a 4 acre remainder parcel for the future development of a multi-family senior housing project. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed Victoria Community Plan Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the development, within the district, in a manner consistent with the General Plan and with related development. The project includes a request to amend the General Plan Land Use Designation from Low Medium (LM) Residential to Neighborhood Commercial (NC). The proposed Victoria Community Plan Amendment will bring the Zoning Designation of the project site into conformance with the proposed General Plan Land Use Designation. General Plan Policy LU-1.3 encourages the development of commercial centers that serve a broad range of retail and service needs of the community. The proposed commercial development is consistent with the intent of the proposed General Plan and Victoria Community Plan Amendments. b. The proposed Victoria Community Plan Amendment does promote the goals and objectives of the Victoria Community Plan which in turn are consistent with and implement the goals and objectives of the General Plan. These goals include promoting the economical and efficient use of land, promoting design and construction techniques that are responsive to the environment, and promoting development compatible with the surrounding neighborhood. The proposed text and zoning amendment will result in a commercial development that is consistent with the goals and objectives of the Victoria Community Plan and will be indistinguishable in overall quality and design from existing development in the surrounding area. c. The proposed Victoria Community Plan Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The proposed Victoria Community Plan Amendment will provide for a commercial development that is separated from the surrounding residential land uses by two public streets which will mitigate any negative impacts created by the commercial center. The amendment will not increase traffic in a manner that is beyond that which the roads were designed to accommodate or overwhelm the C to G —136 PLANNING COMMISSION RESOLUTION NO. 15-69 VICTORIA COMMUNITY PLAN AMENDMENT DRC2015-00390 LEWIS RETAIL CENTER • NOVEMBER 10, 2015 Page 3 existing public facilities; and d. The proposed amendment is in conformance with the General Plan. The General Plan states that the intent of the Neighborhood Commercial(NC) Land Use District is for small-scale shopping centers(5 to 15 acres in size) located near or within residential neighborhoods.The 10.94 acre project site is located at the corner of two major streets and is easily accessible from the surrounding residences; and e. In conjunction with the approval of General Plan Amendment DRC2015-00388,the proposed Victoria Community Plan Amendment will be consistent with the objectives of the Victoria Community Plan. The 10.94 acre project site is located at the intersection of two major streets, Day Creek Boulevard and Base Line Road, and is well suited for the proposed commercial development. The project site is separated from surrounding residential land uses by public streets, limiting any potential noise and glares issues. The project will become an integral part of the surrounding area. 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 that the City Council adopt a Mitigated Negative Declaration 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. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration prior to approving the requested General Plan Amendment. 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 that the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration 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. C to G —137 PLANNING COMMISSION RESOLUTION NO. 15-69 VICTORIA COMMUNITY PLAN AMENDMENT DRC2015-00390 LEWIS RETAIL CENTER NOVEMBER 10, 2015 Page 4 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends that the City Council approve the Victoria Community Plan Amendment application as shown in Attachments"A& B" subject to each and every condition set forth below. Planning Department 1) Approval is for Victoria Community Plan Amendment DRC2015-00390 to change the Victoria Community Plan zoning designation for the 10.94 acre project site from Medium (M) Residential to Village Commercial (VC) and Low Medium (LM) Residential for 4 acres of land north of the project site for a project site located at the northwest corner of Day Creek Boulevard and Base Line Road -APN'S: 1089-031-15, 16, 35 and a portion of 1089-031-14. 2) Approval also includes a Victoria Community Plan Text Amendment adding language to the commercial development standards of the Victoria Community Plan stating that setbacks for commercial centers will be determined through the development approval process as shown in the text change on Exhibit K of the staff report. 3) Approval is contingent upon City Council approval and enactment of General Plan Amendment DRC2015-00388. 4) Approval is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impacts for the project and the Mitigation Monitoring Program and all mitigations contained therein. 5) 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 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 2015. I PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA i I I i CtoG -138 PLANNING COMMISSION RESOLUTION NO. 15-69 VICTORIA COMMUNITY PLAN AMENDMENT DRC2015-00390 LEWIS RETAIL CENTER NOVEMBER 10, 2015 Page 5 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 10th day of November 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • ABSTAIN: COMMISSIONERS: C to G —139 Feet 150 300 Victoria Community Plan Existing t c� Communiacility ` a � I i I I FLOOD CONTROL (FC) j h c, MEDIUM RESIDENTIAL (4-8 du/ac) UTILITY CORRIDOR (UC) Project Site OPEN SPACE MIXED�USE'(MU) REGIONAL RELATED OF / COMMERCIAL (RROIC) / / opyiig•'ht 2012 Esr111, io. �NR�Ef],Tom •m i � dl&et A 0 75WO 300 Victoria Commur, _ _y Plan Proposed ; i Communiacility LOW MEDIUM RESIDENTIAL (4-8 du/ac,� FLOOD CONTROL (FC) UTILITY CORRIDOR (UC) A Project Site ,i VILLAGE COMMERCIAL i I I I I OPENSPACE (OS) ����� (MU) REGIONAL RELATED OFFICE/ COMMERCIAL Cropyngh4.:F 20A3 Esri,�De Lorme!N'AiEQ,TomT•m COMMERCIAL STANDARDS General provisions for land uses designated as Regional Center, Regional-related Commercial and Village Commercial. Site Development Standards: (1) Building site coverage: No maximum subject to Development Approval Process (2) Building setbacks: To be determined through the Development.Approval Process. (3) Building site width: 150-foot minimum (4) Building height: 65 feet typical maximum; buildings over 65 feet subject to a Conditional Use Permit Uses not permitted within the Planned Community: • Massage Parlors, except as conditionally_ permitted within the Victoria Arbors Master Plan. • "Adult' Entertainment Establishments Shopping Centers. To ensure that the goals and.policies of the General Plan and Community Plan are implemented, a Conditional Use Permit shall be required for shopping centers. In such a review, the following criteria shall be considered: (1) The transition from more sensitive land uses and buffering methods to mitigate commercial activities such as loading, lighting, and trash collection; (2) The Center has been planned as a group of organized uses and structures; (3) The Center is designed with one theme,with buildings and landscaping consistent in design (similar architectural style, similar exterior building materials,and a coordinated landscaping theme); (4) The Center makes provisions for consistent maintenance, reciprocal access, and reciprocal parking.- (5) arking:(5) Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system; and (6) The development or approval of any portion of a center shall require the development of a conceptual development plan, which shall consider such things as, but not limited to, circulation, uniform architectural design, drainage/grading, buffers, phased improvements, and landscaping. Regional Center a. The following general categories of uses shall be permitted: (1) Retail businesses, including, but not limited to: • Department stores • Drug stores Attachment C to G —142 RESOLUTION NO. 15-72 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19637,A REQUEST TO SUBDIVIDE 14.08 ACRES OF LAND INTO 6 PARCELS INCLUDING 10.08 ACRES OF LAND FOR THE PURPOSES OF DEVELOPING A RETAIL CENTER AND A 4 ACRE REMAINDER PARCEL FOR RESIDENTIAL PURPOSES FOR A SITE LOCATED AT THE NORTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD IN THE MEDIUM (M) ZONING DISTRICT OF THE VICTORIA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN'S: 1089-031-15, 16, 35. A. Recitals. 1. Lewis Retail Centers, Inc. filed an application for the approval of Tentative Parcel Map SUBTPM19637 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On the 10th day of November 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 November 10, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M)Zoning District of the Victoria Community Plan; and b. To the north is RCFPD Station 173 within the Community Facilities (CF) Zoning District and Vacant Land within the Medium (M)Zoning District of the Victoria Community Plan; to the south is vacant land within the Regionally Related Office/Commercial(RROC)Zoning District of the Victoria Community Plan; to the east are single-family residences within the Low Medium (LM) Zoning District of the Victoria Community Plan; and, to the west is a San Bernardino County Flood Control Maintenance Yard within the Medium (M) Zoning District of the Victoria Community Plan; and C. The application is for the subdivision of 14.08 acres of vacant land into 6 lots • including 10.08 acres of land for the purposes of developing a 100,135 square foot multi-tenant C to G —143 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 2 retail center and a 4-acre remainder parcel for the future development of a multi-family senior housing project; and d. The General Plan Land Use designation of the project site is Low Medium (LM) Residential.The project site is within the Victoria Community Plan area with a zoning designation of Medium (M) Residential. The applicant has submitted a General Plan Amendment to change the General Plan land use designation to Neighborhood Commercial (NC) and a Victoria Community Plan Amendment to change the Victoria Community Plan Zoning Designation to Village Commercial (VC), which is the Victoria Community Plan equivalent to the Neighborhood Commercial (NC) designation; and e. The General Plan land use designation for the 4-acre parcel to the north of the project site will remain Low Medium (LM) residential. The Victoria Community Plan zoning designation for 4 acres will be amended to Low Medium (LM), in conformance with the General Plan. 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 Tentative Parcel Map will be consistent with the General Plan, Development Code and the Victoria Community Plan with approval of the related General Plan Amendment (DRC2015-00388), which changes the General Plan Land Use Designation for the 10.08 acre project side from Low Medium(LM)Residential to Neighborhood Commercial(NC)and a Victoria Community Plan Amendment(DRC2015-00390), which changes the Victoria Community Plan Zoning Designation form Medium (M) Residential to Village Commercial (VC). b. The design and layout of the subject tentative parcel map will be consistent with the General Plan, Development Code and the Victoria Community Plan with approval of the related General Plan Amendment(DRC2015-00388)and Victoria Community Plan Amendment(DRC2015- 00390). The project site is being subdivided for the development of a commercial center which will be consistent. with the proposed Neighborhood Commercial (NC) General Plan Land Use Designation and the Village Commercial (VC) Victoria Community Plan Zoning Designation. C. The site is physically suitable for the type of development proposed. The project includes a request to change the General Plan Land Use Designation from Low Medium (LM) Residential to Neighborhood Commercial and the Victoria Community Plan Zoning Designation from Medium (M) Residential to Village Commercial. The project site is well-suited for a commercial center as it is at the intersection of two major boulevards that were designed to accommodate the level of traffic proposed by the development.The project includes three vehicle access points and 4 main pedestrian access points. d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat. An Initial Study was prepared for the project that includes mitigation measures to reduce any potential impacts to humans or wildlife to less than significant. e. The tentative tract is not likely to cause serious public health problems. The proposed project is for the development of a commercial center which generally does not include the use of hazardous materials. CtoG -144 I PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 • Page 3 f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. Access to the property will be from existing public streets which will require modifying the existing public right-of-way. There is an existing easement in place providing shared access with the existing San Bernardino County Flood Control maintenance yard to the west that will be integrated into the project layout. 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 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. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all • comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission furtherfinds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings,the Planning Commission hereby recommends the City Council adopt the Mitigated Negative Declaration prior to approving the requested Tentative Tract entitlement. 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. d. The custodian of records for the Initial Study, Mitigated Negative Declaration 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. • C to G —145 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 4 Planninq Department 1) Approval is for Tentative Parcel Map SUBTPM19637 for the subdivision of 14.08 acres of land into 6 parcels and a remainder parcel for a site located at the northwest corner of Day Creek Boulevard and Base Line Road: APN's: 1089-031-15, 16, 35. 2) Approval of Tentative Parcel Map SUBTPM19637 is contingent upon Planning Commission approval of Development Review DRC2015-00386 and Conditional Use Permit DRC2015-00387 and City Council approval of General Plan Amendment DRC2015-00388 and Victoria Community Plan Amendment DRC2015-00390 and the City Council's adoption of the Mitigated Negative Declaration of environmental impacts and the Mitigation Monitoring Program and all mitigations contained therein for all project components. 3) 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. 4) 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 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. Air Quality Short Term (Construction) Emissions 1) All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit. fugitive dust emissions. 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three(3)times daily during dry weather.Watering,with complete coverage of disturbed areas,shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 4) 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 C to G —146 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 ® Page 5 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 asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 9) 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. 10) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. CtoG -147 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 6 • Suspend grading operations during high winds (i.e., wind speeds exceeding 25mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 11) The site shall be treated with water or other soikstabilizing agent(approved by SCAQMD and Regional Water Quality Control Board(RWQCB))daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403. 12) 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 Emissions 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Schedule truck deliveries and pickups during off-peak hours. 16) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 17) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 18) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 19) 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. 20) All commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 21) All commercial facilities shall designate preferential parking for vanpools. 22) All commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 23) All 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. CtoG -148 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 • Page 7 24) All commercial structures shall be required to incorporate high- efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 25) All commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 26) 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. Biological Resources 1) Three days prior to the removal of vegetation or ground-disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg-laying or incubation; or (b) the juveniles from the occupied • nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non-raptor nests, and within 5,000 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered,they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non-breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre-construction survey shall be ® provided to CDFW and the City. If the pre-construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the CtoG -149 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 8 project site during the pre-construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre- construction survey, the site shall be resurveyed for owls. • During the non-breeding season from September 1 through January 31, if burrows are occupied by migratory or non-migratory resident burrowing owls during a pre-construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be.avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle,as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading,the developer will retain a qualified archaeologist to monitor construction activities,to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the archaeological heritage of the area. Prepare a mitigation plan consistent with Section 21083.2 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 C to G —150 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 • Page 9 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. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has • completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository(i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent(approved by SCAQMD and 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 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. CtoG -151 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 10 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 Gasses 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 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 construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 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 such that heat transfer and thermal bridging is minimized. • Limit air leakage through the structure and/or within the heating and cooling distribution system. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances CtoG -152 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 • Page 11 • 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 • Install solar or light emitting diodes (LED's)for outdoor lighting. • Design buildings to accommodate photovoltaic solar electricity systems or the installation of photovoltaic solar electricity systems. • Install electrical hook-ups at the loading dock areas. • Install dual paned windows or other energy efficient windows. • Install automatic devices to turn off lights where they are not needed. 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. • 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 recycling. Hydrology and Water Quality Construction Activity 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. C to G —153 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 12 2) . An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction,to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage underthe 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. Gradinq Activities 1) 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. 2) 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. 3) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole and Associates, Inc. to reduce construction pollutants from entering the storm drain system to the maximum extent practical. C to G —154 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 • Page 13 Noise 1) Install temporary noise control barriers that provide a minimum noise level attenuation of 10 dBA when project construction occurs near existing noise-sensitive structures. The noise control barrier must present a solid face from top to bottom.The noise control barrier must be high enough and long enough to block the view of the nose source. Unnecessary openings shall not be made. The noise barriers must be maintained and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or opening between the barrier and the ground shall be promptly repaired. 2) During all project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with property operation and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from noise sensitive receptors nearest to the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receivers. 4) The construction contractor shall limit haul truck deliveries to the same • hours specified for construction activities (8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday). The contractor shall prepare a haul route exhibit and shall design delivery routes to minimize the exposure of sensitive land used or residential dwellings to delivery truck related noise. 5) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 6) 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. 7) 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. CtoG -155 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 Page 14 8) The perimeter block wall shall be constructed as early as possible in first phase. 9) 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. Transportation 1) Driveway 1 at Base Line Road—Modify the existing median to provide full access. Install a traffic signal and construct the intersection with the following geometrics: • Northbound Approach: One left turn lane and one shared through- right turn lane. • Southbound Approach: One left turn lane and one shared through- right turn lane. • Eastbound Approach: One left turn lane with minimum 265 feet storage, three through lands and right turn lane. • Westbound Approach: One left tum lane, three through lanes and one right turn lane with minimum 200 feet storage. 2) Day Creek Boulevard at Driveway 2/ Firehouse Court—The intersection with the following existing geometrics is sufficient to accommodate the addition of project traffic: • Northbound Approach: One left turn lane and three through lanes. • Southbound Approach: Three through lanes and one right turn lane. • Eastbound Approach: One shared left-right turn lane. 3) Day Creek Boulevard at Driveway 3 — Install a stop control on the eastbound approach and construct the intersection with the following geometrics: • Northbound Approach: Three through lanes. CtoG -156 PLANNING COMMISSION RESOLUTION NO. 15-72 TENTATIVE PARCEL MAP SUBTPM19637 LEWIS RETAIL CENTERS NOVEMBER 10, 2015 ® Page 15 • Southbound Approach: Two through lanes and one shared through- right turn lane. • Eastbound Approach: On right turn lane. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 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 10th day of November 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: C to G —157 Conditions of Approval i jZtticrG^teA+oNcA Community Development Department Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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 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. 2. All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Department approval prior to the issuance of Building Permits. 3. Graffiti shall be removed within 72 hours. 4. The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. 5. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 65 dB during the hours of 10 p.m. until 7 a.m. and 70 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 7. Any outdoor vending machines shall be recessed into the building faces and shall not extend into the pedestrian walkways. The design details shall be reviewed and approved by the Planning Director prior to the issuance of Building Permits. 8. The design of store fronts shall compliment the architectural program and shall have subtle I variations subject to Design Review Committee approval prior to the issuance of Building Permits. 9. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for Planning Director review and approval prior to the issuance of Building Permits. www.CityofRC.us Printed:101.2212015 C to G —158 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: • Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 10. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. - 11. 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. 12. 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. 13. 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 82,260.00. 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. 14. 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. 15. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 16. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. 17. 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. 18. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 19. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. • 20. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang (e.g., over a curb stop). Printed'1012212015 www.CityofRC.us Page 2 of 8 C to G -159 Project#: SUBTPM1 9637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 21. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 22. 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. Engineering Services Department Please be advised of the following Special Conditions 1. This development will be. served by the Rancho Cucamonga Municipal Utility (RCMU). RCMU facilities currently end at the southeast corner of Base Line Road and Day Creek Boulevard. Concurrently with development of the proposed site, RCMU would like to extend their line to serve the existing Fire Station to the north. 2. Base Line Road frontage improvements shall be in accordance with City 'Major Divided Arterial" standards as required and including: A. Provide curb & gutter, street type driveway with access ramps, 9500 Lumen HPSV-equivalent LED street lights, and signing & striping including bike lanes as required. B. Sidewalk shall be curvilinear. Curb adjacent sidewalk, 6 feet wide, is allowed along right turn lanes and bus turnouts, but the bus shelter shall be outside the right-of-way. C. Provide a 200' minimum westbound right turn lane at the proposed driveway per Standard Drawing 119. D. Provide a bus bay on the northwest corner of Base Line at Day Creek. E. Provide a traffic signal and related equipment at Base Line Road and the proposed driveway. Eastbound left turn pocket shall be a minimum of 265'. Applicant shall enter into an annual maintenance agreement for the traffic signal. F. Install street trees per Base Line Road Master Beautification Plan. G. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. H. Provide a catch basin on upstream side of driveway. I. Provide an agreement with San Bernardino County Flood Control District that states that they accept the proposed access relocation to their site. 3. Firehouse Court frontage improvements shall be in accordance with City "Collector" standards as required and including: A. Protect, provide, or replace curb & gutter, sidewalk, 5800 Lumen HPSV-equivalent LED street lights and signing and striping as required. B. Drive approach shall be a minimum width of 35 feet per City Std. 101 Type C. C. Install street trees per City Standards. 4. Driveways shall be in accordance with the City Driveway Policy including minimum distances from intersections and other driveways. Printed:10122r2015 www.CityafRC.us Page 3 of 8 C to G -160 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: • Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 5. Day Creek Boulevard frontage improvements shall be in accordance with City "Major Divided Arterial" standards as required and including: A. Protect, provide, or replace curb & gutter, sidewalk, 9500 Lumen HPSV-equivalent LED street lights, and signing and striping including bike lanes as required. B. Drive approach shall be a minimum width of 35 feet per City Std. 101 Type C. C. Install street trees per Day Creek Boulevard Beautification Plan. 6. The existing overhead utilities (telecommunications and electrical) on the project side of Base Line Road shall be undergrounded from the end of line pole on the west side of Day Creek Boulevard to the first pole off site west of the west project boundary, to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. • 7. The Base Line Road median shall be landscaped from Day Creek Boulevard to the existing terminus east of Day Creek Channel, per City Standards, to the satisfaction of the City Engineer. The developer may request a reimbursement agreement to recover one-half the City adopted cost for median landscaping from future development as it occurs on the opposite side of the street. If the developer fails to submit said reimbursement agreement within six months of the landscape improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 8. Development Impact Fees are assessed at the time of building permit issuance. 9. Provide written confirmation from San Bernardino County Flood Control District that states that they accept the proposed access relocation to their existing maintenance yard. SBCFCD should also confirm they will allow the proposed Pad B on their property, prior to map approval or building permit issuance, whichever comes first. A. If a portion of the access drive aisle depends on an offsite easement, that easement shall be acquired prior to map approval or building permit issuance, whichever comes first. 10. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 11. Due to the location of the proposed public storm drain easement, the existing offer of dedication for storm drain purposes located northerly of the development shall be vacated. 12. Trees are prohibited within 5 feet of the outside diameter of the existing and proposed public storm drain, measured from the outer edge of a mature tree trunk. A copy of the on-site landscaping plan, with the storm drain plotted, shall be provided for the City Engineer to verify this condition is being met. Printed' 1G/22vvmv.cityofRc.us2015 Page a of 3 Cto G —161 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. 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. 14. 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. 15. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD-2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. Gradincg Section Standard Conditions of Approval 1. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 2. 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. 3. This project shall comply with the accessibility requirements of the current adopted California Building Code. 4. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 5. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. 6. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 7. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 8. 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. Printed.10/22/2015 www.CityofRC.us Page 5 of 8 CtoG -162 Project##: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: ® Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval i 9. The Preliminary Water Quality Management Plan (WQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project-specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 10. 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. 11. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number(WDID). 12. 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. 13. All roof drainage flowing to the public right of way (Baseline Avenue and Day Creek Boulevard) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. 14. The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection Wells) with the Facility ID Number assigned to the Building and Safety Services Department Official prior to ® issuance of the Grading Permit. 15. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 16. Prior to issuance of a wall permit, 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). 17. Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. 18. 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. Printed 1012212015 www.CityofRC.us Page 6 of 8 C to G -163 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 19. 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. 20. The Water Quality Management Plan (WQMP) shall include a copy of the project Conditions of Approval. 21. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment best management practices (BMP) devices as provided for in the project's Storm Water Quality Management Plan shall be provided for by CC&R's or deeds and shall be recorded prior to the issuance of a grading permit. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 27. 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. 28. 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. 29. 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. 30. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. Printed:10/22/2015 vNNi.cityofRC.us Page 7 of 8 CtoG -164 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 31. 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 1 constructed offset from the property line. 32. 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. 33. 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. Printed:10/22!2015 vnvvv.QtyofRC.us Page 8 of 8 C to G -165 RESOLUTION NO. 15-70 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2015-00386, A REQUEST FOR SITE PLAN AND ARCHITECTURAL REVIEW OF A 100,135 SQUARE FOOT 9-BUILDING MULTI-TENANT RETAIL CENTER THAT INCLUDES A 44,988 SQUARE FOOT MAJOR TENANT BUILDING, A 15,207 SQUARE FOOT PAD BUILDING, A 9,160 INLINE TENANT BUILDING, TWO 7,560 SQUARE FOOT INLINE TENANT BUILDINGS, A 4,500 SQUARE FOOT INLINE TENANT BUILDING, TWO 3,780 INLINE TENANT BUILDINGS AND A FUTURE 3,600 SQUARE FOOT INLINE TENANT BUILDING ON 10.94 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD IN THE MEDIUM(M)ZONING DISTRICT OF THE VICTORIA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF— APN'S: 1089-031-15, 16, 35 AND A PORTION OF 1089-031-14. A. Recitals. 1. Lewis Retail Centers filed an application for the approval of Design Review DRC2015- 0386 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 10th day of November 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 November 10, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M)Zoning District of the Victoria Community Plan; and b. To the north is RCFPD Station 173 within the Community Facilities (CF) Zoning District and vacant land within the Medium(M)Zoning District of the Victoria Community Plan;to the south is vacant land within the Regionally Related Office/Commercial(RROC)Zoning District of the Victoria Community Plan; to the east are single-family residences within the Low Medium (LM) Zoning District of the Victoria Community Plan; and, to the west is a San Bernardino County Flood Control Maintenance Yard within the Medium (M) Zoning District of the Victoria Community Plan; and C to G —166 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 • Page 2 C. The General Plan Land Use designation of the project site is Low Medium (LM) Residential.The project site is within the Victoria Community Plan area with a zoning designation of Medium (M) Residential. The applicant has submitted a General Plan Amendment to change the General Plan land use designation for the 10.94 acre project site to Neighborhood Commercial(NC) and a Victoria Community Plan Amendment to change the Victoria Community Plan Zoning Designation for the 10.94 acre project site to Village Commercial (VC) and to change the zoning designation for 4 acres north of the project site to Low Medium (LM) Residential; and d. The Victoria Community Plan Amendment also includes a text amendment stating that"building setbacks to be determined through the development approval process;" and e. The application includes the subdivision of 14.08 acres of vacant land into 6 parcels including 10.08 acres of land for the purposes of developing a 100,135 square foot multi- tenant retail center and a 4 acre remainder parcel for the future development of a multi-family senior housing project. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: • a. That the proposed project will be consistent with the objectives of the General Plan with the approval of the related General Plan Amendment(DRC2015-00388), which changes the General Plan Land Use Designation from Low Medium (LM) Residential to Neighborhood Commercial (NC). The General Plan outlines that the Neighborhood Commercial (NC) Land Use District is for small-scale shopping centers (5 to 15 acres in size) located near or within residential neighborhoods. The project site is proposed to be developed with a 100,135 square foot retail center with a grocery store, drug store and small service-oriented businesses. b. That the proposed design is in accord with the objectives of the Victoria Community Plan and the purposes of the district in which the site is located with the approval of the related Victoria Community Plan Amendment. The amendment changes the Victoria Community Plan Zoning Designation from Medium(M)Residential to Village Commercial(VC).The project is for the site plan and design review of a 100,135 square foot retail center on 10.94 acres. The project is in accord with the objectives of the Victoria Community Plan which was designed to accommodate a mix of residential, commercial and office land uses. C. That the proposed design is in compliance with each of the applicable provisions of the Development Code including floor area ratio, parking, landscape coverage and design. The project will also be in compliance with the applicable provisions of the Victoria Community Plan with approval of the related Victoria Community Plan Amendment.The amendment changes the Victoria Community Plan Zoning Designation from Medium(M)Residential to Village Commercial(VC)and adds language to the existing Commercial Standards stating that "building setbacks to be determined through the development approval process"; and d. That the proposed design, 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. Air quality, greenhouse gas, traffic and noise studies were submitted as part of the environmental review of the project. With implementation of mitigation measures C to G —167 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 Page 3 outlined in the Initial Study completed for the project, any environmental impacts related to the project will be less than significant. 4. Based upon the facts and information contained in the proposed 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 that the City Council adopt a Mitigated Negative Declaration 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. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration prior to approving the requested General Plan Amendment. 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 that the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration 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 Design Review DRC2015-00386 for the site plan and architectural review of a 100,135 square foot commercial center on 10.94 acres of land located at the northwest comer of Day Creek Boulevard and CtoG -168 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 • Page 4 Base Line Road: APNs: 1089-031-15, 16, 35 and a portion of 1089-031- 14. 2) Approval of Design Review DRC2015-00386 is contingent upon Planning Commission approval of Tentative Parcel Map SUBTPM19637 and Conditional Use Permit DRC2015-00387 and City Council approval of General Plan Amendment DRC2015-00388 and Victoria Community Plan Amendment DRC2015-00390 and the City Council's adoption of the Mitigated Negative Declaration of environmental impacts and the Mitigation Monitoring Program and all mitigations contained therein for all project components. 3) All stone veneer shall be taken down to grade or a concrete base and have a grouted finish. 4) Bicycle parking facilities shall be provided in conformance with Development Code Section 17.64.100. 5) Winery themed design/historical elements shall be incorporated into the final Landscape Plan. The final Landscape Plan shall be subject to review and approval by the Planning Director during Plan Check. 6) 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. 7) 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 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. Air Quality Short Term (Construction) Emissions 1) All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions. 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three(3)times daily during dry weather.Watering, with complete coverage of disturbed areas,shall occur ® at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. C to G —169 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 Page 5 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 asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 9) 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. 10) All construction equipment shall complywith SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. C to G —170 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 ® Page 6 • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 11) 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. 12) 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 Emissions 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Schedule truck deliveries and pickups during off-peak hours. 16) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 17) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 18) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 19) 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. • 20) All commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). CtoG -171 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 Page 7 21) All commercial facilities shall designate preferential parking for vanpools. 22) All commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 23) All 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. 24) All commercial structures shall be required to incorporate high- efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 25) All commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 26) 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. Biological Resources 1) Three days prior to the removal of vegetation or ground-disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg-laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non-raptor nests, and within 5,000 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered,they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department C to G —172 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 • Page 8 within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non-breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre-construction survey shall be provided to CDFW and the City. If the pre-construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre-construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre- construction survey, the site shall be resurveyed for owls. • During the non-breeding season from September 1 through January • 31, if burrows are occupied by migratory or non-migratory resident burrowing owls during a pre-construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered,they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading,the developer will retain a qualified archaeologist to monitor construction activities,to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of • Rancho Cucamonga will: CtoG -173 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 Page 9 • 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. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository(i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. C to G—174 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 • Page 10 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 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 Gasses 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 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 construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 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. CtoG -175 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 Page 11 2) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation such that heat transfer and thermal bridging is minimized. • Limit air leakage through the structure and/or within the heating and cooling distribution system. • 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. • Install solar or light emitting diodes (LED's)for outdoor lighting. • Design buildings to accommodate photovoltaic solar electricity systems or the installation of photovoltaic solar electricity systems. • Install electrical hook-ups at the loading dock areas. • Install dual paned windows or other energy efficient windows. • Install automatic devices to turn off lights where they are not needed. 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. • 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. Cto G —176 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 • Page 12 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 recycling. Hydrology and Water Quality Construction Activity 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) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage underthe 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. Grading Activities 6) 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 CtoG -177 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 Page 13 identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) The developer shall implement the BMPs identified in.the Water Quality Management Plan prepared by Madole and Associates, Inc. to reduce construction pollutants from entering the storm drain system to the maximum extent practical. Noise 1) Install temporary noise control barriers that provide a minimum.noise level attenuation of 10 dBA when project construction occurs near existing noise-sensitive structures. The noise control barrier must present a solid face from top to bottom.The noise control barrier must be high enough and long enough to block the view of the nose source. Unnecessary openings shall not be made.The noise barriers must be maintained and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or opening between the barrier and the ground shall be promptly repaired. 2) During all project site construction,the construction contractors shall equip all construction equipment, fixed or mobile, with property operation and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from noise sensitive receptors nearest to the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receivers. 4) The construction contractor shall limit haul truck deliveries to the same hours specified for construction activities (8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday).The contractor shall prepare a haul route exhibit and shall design delivery routes to minimize the exposure of sensitive land used or residential dwellings to delivery truck related noise. 5) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the C to G —178 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 • Page 14 hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 6) 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. 7) 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. 8) The perimeter block wall shall be constructed as early as possible in first phase. ® 9) 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. Transportation 1) Driveway 1 at Base Line Road— Modify the existing median to provide full access. Install a traffic signal and construct the intersection with the following geometrics: • Northbound Approach: One left turn lane and one shared through- right turn lane. • Southbound Approach: One left turn lane and one shared through- right turn lane. • Eastbound Approach: One left turn lane with minimum 265 feet storage, three through lands and right turn lane. • Westbound Approach: One left turn lane, three through lanes and one right turn lane with minimum 200 feet storage. C to G —179 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 Page 15 2) Day Creek Boulevard at Driveway 2 / Firehouse Court—The intersection with the following existing geometrics is sufficient to accommodate the addition of project traffic: • Northbound Approach: One left turn lane and three through lanes. • Southbound Approach: Three through lanes and one right turn lane. • Eastbound Approach: One shared left-right turn lane. 3) Day Creek Boulevard at Driveway 3 — Install a stop control on the eastbound approach and construct the intersection with the following geometrics: • Northbound Approach: Three through lanes. • Southbound Approach: Two through lanes and one shared through- right turn lane. • Eastbound Approach: On right turn lane. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 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 10th day of November 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: C to G —180 PLANNING COMMISSION RESOLUTION NO. 15-70 DESIGN REVIEW DRC2015-00386 LEWIS RETAIL CENTER November 10, 2015 ® Page 16 ABSTAIN: COMMISSIONERS: Cto G -181 Conditions of Approval t .y. RL�cro tY Development Department Communi GT.c.�xoxc.� ment P Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name.- Location: ame:Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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 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. 2. All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Department approval prior to the issuance of Building Permits. 3. Graffiti shall be removed within 72 hours. 4. The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. 5. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 65 dB during the hours of 10 p.m. until 7 a.m. and 70 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 7. Any outdoor vending machines shall be recessed into the building faces and shall not extend into the pedestrian walkways. The design details shall be reviewed and approved by the Planning Director prior to the issuance of Building Permits. 8. The design of store fronts shall compliment the architectural program and shall have subtle variations subject to Design Review Committee approval prior to the issuance of Building Permits. 9. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for Planning Director review and approval prior to the issuance of Building Permits. WMV.CityofRC.us Prirted:10/22:2015 C to G -182 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: • Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 10. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 11. The applicant shall agree to defend at his sole expanse 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. 12. 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. 13. 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. 14. 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. 15. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 16. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. 17. 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. 18. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 19. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. • 20. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang (e.g., over a curb stop). Printed:10122/2015 wv,%v.CityofRC.us Paye 2 of? C to G -183 Project#: SUBTPM19637 CEQA2015-00016 DRC2015-00386, - 1 C2015 00386, DRC2015 00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Planning. ROJECT:Planning.Department Standard Conditions of Approval 21. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 22. 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. Engineering Services Department Please be advised of the following Special Conditions 1. This development will be. served by the Rancho Cucamonga Municipal Utility (RCMU). RCMU facilities currently end at the southeast corner of Base Line Road and Day Creek Boulevard. Concurrently with development of the proposed site, RCMU would like to extend their line to serve the existing Fire Station to the north. 2. Base Line Road frontage improvements shall be in accordance with City `Major Divided Arterial" standards as required and including: A. Provide curb & gutter, street type driveway with access ramps, 9500 Lumen HPSV-equivalent LED street lights, and signing & striping including bike lanes as required. B. Sidewalk shall be curvilinear. Curb adjacent sidewalk, 6 feet wide, is allowed along right turn lanes and bus turnouts, but the bus shelter shall be outside the right-of-way. C. Provide a 200' minimum westbound right turn lane at the proposed driveway per Standard Drawina 119. D. Provide a bus bay on the northwest corner of Base Line at Day Creek. E. Provide a traffic signal and related equipment at Base Line Road and the proposed driveway. Eastbound left turn pocket shall be a minimum of 265'. Applicant shall enter into an annual maintenance agreement for the traffic signal. F. Install street trees per Base Line Road Master Beautification Plan. G. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. H. Provide a catch basin on upstream side of driveway. I. Provide an agreement with San Bernardino County Flood Control District that states that they i accept the proposed access relocation to their site. 3. Firehouse Court frontage improvements shall be in accordance with City "Collector" standards as required and including: I A. Protect, provide, or replace curb & gutter, sidewalk, 5800 Lumen HPSV-equivalent LED street lights and signing and striping as required. j B. Drive approach shall be a minimum width of 35 feet per City Std. 101 Type C. C. Install street trees per City Standards. 4. Driveways shall be in accordance with the City Driveway Policy including minimum distances from intersections and other driveways. i P^n;gid.10;22.2015 vnvw.CityofRC.us Page 3 of 9 CtoG -184 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: • Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 5. Day Creek Boulevard frontage improvements shall be in accordance with City "Major Divided Arterial' standards as required and including: A. Protect, provide, or replace curb & gutter, sidewalk. 9500 Lumen HPSV-equivalent LED street lights, and signing and striping including bike lanes as required. B. Drive approach shall be a minimum width of 35 feet per City Std. 101 Type C. C. Install street trees per Day Creek Boulevard Beautification Plan. 6. The existing overhead utilities (telecommunications and electrical) on the project side of Base Line Road shall be undergrounded from the end of line pole on the west side of Day Creek Boulevard to the first pole off site west of the west project boundary, to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 7. The Base Line Road median shall be landscaped from Day Creek Boulevard to the existing • terminus east of Day Creek Channel, per City Standards, to the satisfaction of the City Engineer. The developer may request a reimbursement agreement to recover one-half the City adopted cost for median landscaping from future development as it occurs on the opposite side of the street. If the developer fails to submit said reimbursement agreement within six months of the landscape improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 8. Development Impact Fees are assessed at the time of building permit issuance. 9. Provide written confirmation from San Bernardino County Flood Control District that states that they accept the proposed access relocation to their existing maintenance yard. SBCFCD should also confirm they will allow the proposed Pad B on their property, prior to map approval or building permit issuance, whichever comes first. A. If a portion of the access drive aisle depends on an offsite easement, that easement shall be acquired prior to map approval or building permit issuance, whichever comes first. 10. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 11. Due to the location of the proposed public storm drain easement, the existing offer of dedication for storm drain purposes located northerly of the development shall be vacated. 12. Trees are prohibited within 5 feet of the outside diameter of the existing and proposed public storm drain, measured from the outer edge of a mature tree trunk. A copy of the on-site landscaping plan, with the storm drain plotted, shall be provided for the City Engineer to verify this condition is being met. • Printed: 1C/22,12015 vjwvi.CltyofRC.us Page 4 of E C to G —185 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. 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. 14. 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. 15. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD-2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. Grading Section Standard Conditions of Approval 1. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 2. 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. 3. This project shall comply with the accessibility requirements of the current adopted California Building Code. 4. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 1 5. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. I 6. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 7. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 8. Roof storm water is not permitted to flow over the public parkway and shall be directed to an under iparkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. w�,vw.CityofRC.us Printed:10.122/20.15Pag=5 of 8 C to G —186 Project r: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: ® Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 9. The Preliminary Water Quality Management Plan (WQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project-specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 10. 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. 11. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number(WDID). 12. 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. 13. All roof drainage flowing to the public right of way (Baseline Avenue and Day Creek Boulevard) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. 14. The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection Wells) with the Facility ID Number assigned to the Building and Safety Services Department Official prior to issuance of the Grading Permit. • 15. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner sha!I maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 16. Prior to issuance of a wall permit, on engineered combination garden/retaining vials 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). 17. Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. 18. 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. rated10/22.'2015 vAAv.Ci?yofRC.us ?age 5 of C' C to G —187 Project#: SUBTPM 19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 19. 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. 20. The Water Quality Management Plan (WQMP) shall include a copy of the project Conditions of Approval. 21. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment best management practices (BMP) devices as provided for in the project's Storm Water Quality Management Plan shall be provided for by CC&R's or deeds and shall be recorded prior to the issuance of a grading permit. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 27. 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. 28. 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. 29. 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. 30. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. wn,M.CityofRC.us Printed:1-0122.:201.5 Page 7 of e C to G -188 Project : SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: • Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 31. 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. 32. 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. 33. 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. • • rrir;-2d.1 x!22'2015 rr,'rw.CiyofRC.us Page 5 of 5 C to G -189 RESOLUTION NO. 15-71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2015-00387, A REQUEST TO OPERATE A 100,135 SQUARE FOOT MULTI-TENANT RETAIL CENTER ON 10.94 ACRES OF LAND FOR A SITE LOCATED AT THE NORTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD IN THE MEDIUM (M) ZONING DISTRICT OF THE VICTORIA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF — APN'S: 1089-031-15, 16, 35 AND A PORTION OF 1089-031-14. A. Recitals. 1. Lewis Retail Centers filed an application for the approval of Conditional Use Permit DRC2015-0387 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 10th day of November 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 November 10, 2015, including written and oral staff reports,together with public testimony,this Commission hereby specifically finds as follows: a. The application applies to a property located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan; and b. To the north is RCFPD Station 173 within the Community Facilities (CF) Zoning District and Vacant Land within the Medium (M) Zoning District of the Victoria Community Plan; to the south is vacant land within the Regionally Related Office/Commercial (RROC)Zoning District of the Victoria Community Plan; to the east are single-family residences within the Low Medium (LM) Zoning District of the Victoria Community Plan; and, to the west is a San Bernardino County Flood Control Maintenance Yard within the Medium (M)Zoning District of the Victoria Community Plan; and C. The General Plan Land Use designation of the project site is Low Medium (LM) Residential. The project site is within the Victoria Community Plan area with a zoning designation of Medium (M) Residential. The applicant has submitted a General Plan C to G —190 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 • Page 2 Amendment to change the General Plan land use designation for the 10.94 acre project site to Neighborhood Commercial (NC)and a Victoria Community Plan Amendment to change the Victoria Community Plan Zoning Designation for the 10.94 acre project site to Village Commercial (VC)and to change the zoning designation for 4 acres north of the project site to Low Medium (LM) Residential; and d. The Victoria Community Plan Amendment also includes a text amendment stating that"building setbacks to be determined through the development approval process;'' and e. The application includes the subdivision of 14.08 acres of vacant land into 6 parcels including 10.08 acres of land for the purposes of developing a 100,135 square foot multi-tenant retail center and a 4 acre remainder parcel for the future development of a multi- family senior housing project. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Development Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. The project • will be in full compliance with the land use and zoning districts and all related regulatory requirements with approval of the related General Plan (DRC2015-00388) and Victoria Community Plan(DRC2015-00390)Amendments which change the General Plan Land Use Designation to Neighborhood Commercial and the Victoria Community Plan Zoning Designation to Village Commercial,the Victoria Community Plan equivalent to Neighborhood Commercial. 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 10.94 acre project site is located at the intersection of two major streets and is well-suited for the proposed 100,135 square foot commercial center. The project provides vehicle, bicycle and pedestrian access on three public streets and all utilities are available adjacent to the project site; and C. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property,or improvements in the vicinity in which the project is located. Air quality, greenhouse gas, traffic and noise studies were submitted as part of the environmental review of the project. With implementation of mitigation measures outlined in the Initial Study completed for the project, any environmental impacts related to the project will be less than significant. 4. Based upon the facts and information contained in the proposed 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 that the City Council adopt a Mitigated Negative Declaration based upon the CtoG -191 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 Page 3 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. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)that, based on the imposition of mitigation measures,there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration prior to approving the requested General Plan Amendment. 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 that the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration 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 Conditional Use Permit DRC2015-00387 for the layout and operation of a 100,135 square foot commercial development on 10.94 acres located at the northwest comer of Day Creek Boulevard and Base Line Road: 1089-031-15, 16, 35 and a portion of 1089-031-14. 2) Modification of the approved site plan or intensification of the project site will require prior approval by the Planning Commission. Cto G —192 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 • Page 4 3) This approval does not cover the individual uses within the center that require approval of a Conditional Use Permit as indicated in Table 17.30.030-1 of the Development Code. Future individual uses that require a Conditional Use Permit are required to file for Conditional Use Permit prior to commencing operations. 4) Approval of Conditional Use Permit DRC2015-00387 is contingent upon Planning Commission approval of Design Review DRC2015- 00386 and Tentative Parcel Map SUBTPM19637 and City Council approval of General Plan Amendment DRC2015-00388 and Victoria Community Plan Amendment DRC2015-00390 and the City Council's adoption of the Mitigated Negative Declaration of environmental impacts and the Mitigation Monitoring Program and all mitigations contained therein for all project components. 5) 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 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 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. Air Quality Short Term (Construction) Emissions 1) All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions. 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas,shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. • 4) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor C to G —193 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 Page 5 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 asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. . 9) 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. 10) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. C to G —194 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 • Page 6 • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 11) 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. 12) 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 Emissions 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Schedule truck deliveries and pickups during off-peak hours. 16) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 17) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 18) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC- 01 measure. 19) 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. • C to G —195 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 Page 7 20) All commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 21) All commercial facilities shall designate preferential parking for vanpools. 22) All commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 23) All 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. 24) All commercial structures shall be required to incorporate high- efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 25) All commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 26) 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. Biological Resources 1) Three days prior to the removal of vegetation or ground-disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a)the adult birds have not begun egg-laying or incubation; or(b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non-raptor nests, and within 5,000 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback,as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is C to G —1.96 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 ® Page 8 complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non-breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre-construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre-construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period.These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre-construction survey, the site shall be resurveyed for owls. • During the non-breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre-construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist.The temporary"no construction"area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife • biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. C to G -197 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 1.0, 2015 Page 9 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. C to G —198 1 I PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 ® Page 10 • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and 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 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 Gasses 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 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 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 C to G —199 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 Page 11 with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline-or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 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: o Increased insulation such that heat transfer and thermal bridging is minimized. C Limit air leakage through the structure and/orwithin the heating and cooling distribution system. G Incorporate Energy Star or better rated windows,space heating and cooling equipment, light fixtures, and appliances c Landscape and developed site utilizing shade,prevailing winds and landscaping Install efficient lighting and lighting control systems C Install light colored "cool" roofs and cool pavements o Install solar or light emitting diodes(LED's)for outdoor lighting. Design buildings to accommodate photovoltaic solar electricity j systems or the installation of photovoltaic solar electricity systems. i Install electrical hook-ups at the loading dock areas. I C to G —200 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 • Page 12 • Install dual paned windows or other energy efficient windows. • Install automatic devices to turn off lights where they are not needed. 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. • 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 recycling. Hydrology and Water Quality Construction Activity 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 C to G —201 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 Page 13 corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the 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. Grading Activities 6) 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. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole and Associates, Inc. to reduce construction pollutants from entering the storm drain system to the maximum extent practical. Noise C to G —202 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 Page 14 1) Install temporary noise control barriers that provide a minimum noise level attenuation of 10 dBA when project construction occurs near existing noise-sensitive structures. The noise control barrier must present a solid face from top to bottom. The noise control barrier must be high enough and long enough to block the view of the nose source. Unnecessary openings shall not be made. The noise barriers must be maintained and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or opening between the barrier and the ground shall be promptly repaired. 2) During all project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with property operation and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from noise sensitive receptors nearest to the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receivers. • 4) The construction contractor shall limit haul truck deliveries to the same hours specified for construction activities(8:00 p.m.and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday). The contractor shall prepare a haul route exhibit and shall design delivery routes to minimize the exposure of sensitive land used or residential dwellings to delivery truck related noise. 5) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 6) 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. 7) 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 C to G —203 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 Page 15 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. 8) The perimeter block wall shall be constructed as early as possible in first phase. 9) 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 anytime 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. Transportation 1) Driveway 1 at Base Line Road — Modify the existing median to provide full access. Install a traffic signal and construct the intersection with the following geometrics: • Northbound Approach: One left turn lane and one shared through-right turn lane. • Southbound Approach: One left turn lane and one shared through-right turn lane. • Eastbound Approach: One left turn lane with minimum 265 feet storage, three through lands and right turn lane. • Westbound Approach: One left turn lane,three through lanes and one right tum.lane with minimum 200 feet storage. 2) Day Creek Boulevard at Driveway 2 / Firehouse Court — The intersection with the following existing geometrics is sufficient to accommodate the addition of project traffic: • Northbound Approach: One left turn lane and three through lanes. • Southbound Approach: Three through lanes and one right turn lane. • Eastbound Approach: One shared left-right turn lane. C to G —204 PLANNING COMMISSION RESOLUTION NO. 15-71 CONDITIOAL USE PERMIT DRC2015-00387 LEWIS RETAIL CENTER November 10, 2015 • Page 16 3) Day Creek Boulevard at Driveway 3 — Install a stop control on the eastbound approach and construct the intersection with the following geometrics: • Northbound Approach: Three through lanes. • Southbound Approach: Two through lanes and one shared through-right turn lane. • Eastbound Approach: On right turn lane. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 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 10th day of November 2015, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • C to G —205 Conditions of Approval RxNcxo CcCAMONcn Community Development Department Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planninq Department Standard Conditions of Approval 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 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. 2. All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Department approval prior to the issuance of Building Permits. 3. Graffiti shall be removed within 72 hours. 4. The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. 5. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 65 dB during the hours of 10 p.m. until 7 a.m. and 70 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 7. Any outdoor vending machines shall be recessed into the building faces and shall not extend into the pedestrian walkways. The design details shall be reviewed and approved by the Planning Director prior to the issuance of Building Permits. 8. The design of store fronts shall compliment the architectural program and shall have subtle variations subject to Design Review Committee approval prior to the issuance of Building Permits. 9. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for Planning Director review and approval prior to the issuance of Building Permits. %-Nrv.CityofRC.us Printed:10!22%2015 C to G —206 Project: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: • Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 10. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 11. 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 tour 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. 12. 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. 13. 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. 14. 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. 15. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is fled with the Engineering Services Department within 3 years from the date of the approval. 16. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. 17. 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. 18. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 19. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. • 20. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang (e.g., over a curb stop). Prated:10/22i2015 vrw.v.CityofRC.us Page 2 of 3 C to G -207 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Planning ROJECT:Planning Department Standard Conditions of Approval 21. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 22. 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. E_ngineering Services Department Please be advised of the following Special Conditions 1. This development will be. served by the Rancho Cucamonga Municipal Utility (RCMU). RCMU facilities currently end at the southeast corner of Base Line Road and Day Creek Boulevard. Concurrently with development of the proposed site, RCMU would like to extend their line to serve the existing Fire Station to the north. 2. Base Line Road frontage improvements shall be in accordance with City "Major Divided Arterial" standards as required and including: A. Provide curb & gutter, street type driveway with access ramps, 9500 Lumen HPSV-equivalent LED street lights, and signing & striping including bike lanes as required. B. Sidewalk shall be curvilinear. Curb adjacent sidewalk, 6 feet wide, is allowed along right turn lanes and bus turnouts, but the bus shelter shall be outside the right-of-way. C. Provide a 200' minimum westbound right turn lane at the proposed driveway per Standard Drawing 119. D. Provide a bus bay on the northwest corner of Base Line at Day Creek. E. Provide a traffic signal and related equipment at Base Line Road and the proposed driveway. Eastbound left turn pocket shall be a minimum of 265'. Applicant shall enter into an annual maintenance agreement for the traffic signal. F. Install street trees per Base Line Road Master Beautification Plan. G. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. H. Provide a catch basin on upstream side of driveway. I. Provide an agreement with San Bernardino County Flood Control District that states that they accept the proposed access relocation to their site. 3. Firehouse Court frontage improvements shall be in accordance with City "Collector" standards as required and including: A. Protect, provide, or replace curb & gutter, sidewalk, 5800 Lumen HPSV-equivalent LED street lights and signing and striping as required. B. Drive approach shall be a minimum width of 35 feet per City Std. 101 Type C. C. Install street trees per City Standards. 4. Driveways shall be in accordance with the City Driveway Policy including minimum distances from intersections and other driveways. vM/4v.C ltyofRC.u5 ?rirfed: M21'2015Payy^e 3 of 3 C to G —208 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: • Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 5. Day Creek Boulevard frontage improvements shall be in accordance with City "Major Divided Arterial" standards as required and including.- A. ncluding:A. Protect, provide, or replace curb & gutter, sidewalk, 9500 Lumen HPSV-equivalent LED street lights, and signing and striping including bike lanes as required. B. Drive approach shall be a minimum width of 35 feet per City Std. 101 Type C. C. Install street trees per Day Creek Boulevard Beautification Plan. 6. The existing overhead utilities (telecommunications and electrical) on the project side of Base Line Road shall be undergrounded from the end of line pole on the west side of Day Creek Boulevard to the first pole off site west of the west project boundary, to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 7. The Base Line Road median shall be landscaped from Day Creek Boulevard to the existing • terminus east of Day Creek Channel, per City Standards, to the satisfaction of the City Engineer. The developer may request a reimbursement agreement to recover one-half the City adopted cost for median landscaping from future development as it occurs on the opposite side of the street. If the developer fails to submit said reimbursement agreement within six months of the landscape improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 8. Development Impact Fees are assessed at the time of building permit issuance. 9. Provide written confirmation from San Bernardino County Flood Control District that states that they accept the proposed access relocation to their existing maintenance yard. SBCFCD should also confirm they will allow the proposed Pad B on their property, prior to map approval or building permit issuance, whichever comes first. A. If a portion of the access drive aisle depends on an offsite easement, that easement shall be acquired prior to map approval or building permit issuance, whichever comes first. 10. A final drainage study shall be submitted to and approved by the City Engineer prior to finalmap approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 11. Due to the location of the proposed public storm drain easement, the existing offer of dedication for storm drain purposes located northerly of the development shall be vacated. 12. Trees are prohibited within 5 feet of the outside diameter of the existing and proposed public storm drain, measured from the outer edge of a mature tree trunk. A copy of the on-site landscaping plan, with the storm drain plotted, shall be provided for the City Engineer to verify this condition is being met. P ri n ted:10i2212015 wNPPd/.0 ity0-,R C.US Page A Of C to G -209 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. 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. 14. 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. 15. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD-2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, vNiw.CityofRC.us, under City Hall; Engineering; Environmental Programs. Gradinq Section Standard Conditions of Approval 1. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 2. 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. 3. This project shall comply with the accessibility requirements of the current adopted California Building Code. 4. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout 'Information for Grading Plans and Permit". 5. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. 6. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 7. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 8. 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. Printed:10122% vAPN.CityofRC.us2015 Page 5 of 8 C to G -210 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: ® Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 9. The Preliminary Water Quality Management Plan (WQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project-specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 10. 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. 11. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). 12. 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. 13. All roof drainage flowing to the public right of way (Baseline Avenue and Day Creek Boulevard) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. 14. The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection Wells) with the Facility ID Number assigned to the Building and Safety Services Department Official prior to issuance of the Grading Permit. • 15. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 16. Prior to issuance of a wall permit, 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). 17. Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. 18. 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. P,.:...'e . xvAv.CityofRCus i d:1G22�2015 ?age o of 8 C to G —211 Project#: SUBTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment, Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 19. 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. 20. The Water Quality Management Plan (WQMP) shall include a copy of the project Conditions of Approval. 21. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/'treatment best management practices (BMP) devices as provided for in the project's Storm Water Quality Management Plan shall be provided for by CC&R's or deeds and shall be recorded prior to the issuance of a grading permit. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 27. 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. 28. 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. 29- 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. 30. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. Prir'ed:10122.' vnnr�.City0 RC.us2015 Page 7 Cf e C to G —212 Project: SUSTPM19637 CEQA2015-00016, DRC2015-00386, DRC2015-00388, DRC2015-00390, DRC2015-00391 Project Name: Location: - 108903115-0000 • Project Type: Tentative Parcel Map CEQA Review, Design Review, General Plan Amendment. Specific Plan Amendment, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 31. 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. 32. 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. 33. 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. ranted: 10/22:2:15 vi,,w/.CityofRC.us Pace of 2 C to G -213 I C to G -214 J STAFF REPORT • Planning Department DATE: November 10, 2015 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, Planning Director BY: Jennifer Nakamura, Associate Planner SUBJECT: CONDITIONAL USE PERMIT DRC2015-00886- BOONSEE THAI MASSAGE -A request to operate a massage establishment within a 834 square foot tenant space located at the northeast corner of Milliken Avenue and Kenyon Way within the Village Commercial (VC) District of the Victoria Community Plan at 11338 Kenyon Way, Unit B; APN: 1089-131-07. 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 as a Class 1 (CEQA Guidelines Section 15301) exemption, which covers existing facilities. RECOMMENDATION: Staff recommends approval of the Conditional Use Permit DRC2015- 00886 through the adoption of the attached Resolution and conditions of approval. SITE DESCRIPTION: A. Surroundinq Land Use and Zoninq: Site - Commercial Center- Village Commercial (VC) District North - 210 Freeway South - Single Family Residential — Low-Medium Residential (LM) District East - Single Family Residential — Low-Medium Residential (LM) District West - Single Family Residential — Low-Medium Residential (LM) District B. General Plan Designations: Site - Neighborhood Commercial (NC) North - 210 Freeway South - Low-Medium Residential (LM) East - Low-Medium Residential (LM) West - Low-Medium Residential (LM) C. Site Characteristics: The project site is located on the northeast corner of Milliken Avenue and Kenyon Way. The site currently contains various retail and service businesses including a grocery store, restaurants and a bank. The site was developed with and contains sufficient onsite parking for the various uses within the center. • Item H —1 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00886—BOONSEE THAI MASSAGE November 10, 2015 Page 2 ANALYSIS: A. Background: In 2008 the Governor signed into law SB 731, which established uniform regulations for massage therapy and massage establishments. This law preempted most local land use, zoning and operational regulations provided that massage establishments and practitioners were certified by the California Massage Therapy Council. Prior to the implementation of SB 731, massage establishments were conditionally permitted in the General Commercial zoning district Citywide and within the Village Commercial zoning district of Victoria Arbors Master Plan.. In 2012, as part of our comprehensive Development Code Update, massage establishments were permitted "by- right" in all commercial zones, as well as the Industrial Park and General Industrial zoning districts. This was done to bring the City's land use regulations on massage establishments into compliance with State law. Massage establishments have proliferated in the City since the implementation of SB 731. Prior to the required land use changes, there were seven massage establishments within the City. By the end of 2014 there were forty-two establishments. This represents a 600% increase in less than three years. There is evidence in other jurisdictions that massage establishments are fronts for prostitution or human sex trafficking. Staff from the Rancho Cucamonga Police Department, Rancho Cucamonga Fire District, Planning, Building and Safety, Community Improvement and Business License have created a task force to perform inspections of all massage establishments in Rancho Cucamonga. As a result of this task force, eight locations have been closed permanently and several have been closed pending proper permits. On September 18, 2014, Governor Brown signed into law AB 1147 which amended the State's current massage therapy laws to expand local authority to adopt zoning regulations, business licensing, and reasonable health and safety requirements for massage establishments and practitioners. AB 1147 took effect on January 1, 2015. The City Council enacted an interim ordinance that now requires a City-issued Conditional Use Permit for new establishments intending to operate in the City after January 1, 2015. B. Approving Authority: Chapter 17.16 of the Development Code authorizes the Planning Director to administratively review and decide all Conditional Use Permits, after a public notification period. This administrative review was predicated on the anticipation that the uses qualifying for a Conditional Use Permit were minor in nature, only have an impact on immediately adjacent properties, and could be modified and/or conditioned to ensure compatibility. The Planning Director, pursuant to Section 17.14.060.0 of the Development Code, may at any point in the application review process, transfer decision making authority to the Planning Commission at her discretion because of policy implications, unique or unusual circumstances or the magnitude of the project. At this time the Planning Director is referring Conditional Use Permit applications for massage establishments to the Planning Commission for review and action. Item H —2 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00886— BOONSEE THAI MASSAGE November 10, 2015 Page 3 • C. General: The applicant, Boonsee Thai Massage, is requesting to operate a massage establishment within an 834 square foot suite. The business proposes to be open 7 days a week from 10:00 a.m.to 9:00 p.m. The submitted floor plan indicates there is a reception area, 5 treatment rooms, restroom, storage and an employee break room. There will be up to 3 massage therapists and 1 receptionist onsite for each shift. D. Police Review: The Rancho Cucamonga Police Department has reviewed the application and inspected the site and has no comment at this time. E. Other Department's Review: On October 8, 2015, the Planning Department, along with the Building and Safety Department and Rancho Cucamonga Police Department, conducted an inspection of this facility. During this inspection, Building and Safety staff verified multiple unpermitted improvements within the interior of the subject unit. This included the installation of walls and electrical outlets. To correct these issues, staff has included a condition of approval in the attached Resolution that will require the discussed unpermitted improvements as well as safety requirements to be permitted and installed by the City prior to the start of any business at this location. F. Land Use Compatibility: The site was developed to accommodate various commercial retail and services businesses. Massage establishments are generally compatible with typical commercial retail and services uses, such as the businesses that exist within this • shopping center. That being said, staff believes that the use is compatible with the area it is located. G. Facts of Finding: Section 17.16.120 of the Development Code requires that a Conditional Use Permit can only be approved by the approving authority after finding the following. If all of these findings cannot be made, the permit shall be denied. 1. The proposed use is allowed within the applicable zoning district and complies with all other provisions of the Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. The proposed massage establishment is a permitted use within the Village Commercial (VC) zoning district subject to approval of a Conditional Use Permit. The proposed business is in compliance with Development Code Section 17.102.080 (Special Regulated Uses — Massage Establishments), which requires massage establishments to operate between the hours of 7:00 a.m. and 10:00 p.m. The subject massage establishment proposes operating hours from 10:00 a.m. to 9:00 p.m. 2. 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 site, a commercial shopping center, is currently fully developed. The site contains multiple commercial buildings as well as sufficient onsite parking for the various • commercial retail and service uses. The subject property is located at the north east corner of Milliken Avenue and Kenyon Way, which are fully improved and provide Item H —3 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00886- BOONSEE THAI MASSAGE November 10, 2015 Page 4 sufficient access to the site. Although staff has noted that the proposed suite has numerous unpermitted interior improvements, a condition will be added requiring the applicant to obtain all necessary permits for the interior work prior to the operation of any business at this location. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. Staff has included a list of reasonable conditions of approval that will help ensure the proposed massage establishment is operating in an appropriate and legal manner. This includes a condition that subjects the Conditional Use Permit to modification, suspension or revocation, where the Planning Commission finds that the owner, operator, or any person employed or retained by the massage establishment, has violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation. H. Conditions of Approval: In approving a Conditional Use Permit, the approving authority may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within the Development Code. The conditions of approval are attached to the resolution. I. 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 operation, repair, and maintenance of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. Because the project involves the operation of a massage establishment that is located within an existing building on a site that is currently developed, staff concludes that there is no substantial evidence that the project will have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper on October 29, 2015, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. Staff has received one phone call in support of this business. Respectfully submitted, Candy4Bnetft Planning Director CB:JN/Is Item H -4 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00886—BOONSEE THAI MASSAGE November 10, 2015 Page 5 Attachments: Exhibit A - Aerial Photo Exhibit B. - Site Plan Exhibit C - Floor Plan Exhibit D - Project Statement from the Applicant Resolution of Approval Conditional Use Permit DRC2015-00886 Item H —5 Nx J wrn4ate ur rs�d > o r n •; 0o Way r � �. corron cion tigrown,ur � � � + ,.: R �kenyon waY gst 0 R m CONDITIONAL USE PERMIT _ 1 BOONSEE THAI MASSAGE e 11338 KENYON WAY, UNIT B FCS T.1 STANDARD NOTES, tI v Q CEJ -��- YiW'ffKl,H:rM`ws'PtClKA'.rW USC[[WWI N:H I.F rLNLH»,.,.: RANCHO CUCAMONGA CA 91701 I.rv1(wvYcluw a rwu APPaax Is afawFn R(rcvrr I.ti'mmn'x vILIxIn %l.Lr.L i:iN-Irn,.rr Kre Pr A I.e pNL'rwu wslt'erNw Rr'uNrsr..0 v:r:Lor `g ,rli(wshtlKw,Y!lASk C.IL(RUN),J/-1J//rr1(b tYAM'.I a p na...rnExisting. Kw skxAers°tis'PlNswvn uv a APN: 1089-131-07 VICINITY MAP 3 ' RxHL r'J`N "' 2013 CALIFORNIA BUILDING CODE 1 e,.No.rw'ws,u I'ur_,Ns'ku Ko wsl,.leo w.cccw,nu'K'e.:M zms CEC.CMC,evc,CFC Tenant improvement +/-934 USF GEN PLAN: Commercial A-O SITE PLAN/FIRE NOTES z6.1 .IM M"KY.UNYLSS llti nN¢S dnK A:KUnY(K!s!s 0Y!�k-H:AI(xYG M( saa'1 Aw AW+as uYUArlars,HL AVAewlNr Lwuae'Ar e.e...Hw,.a. ZONE:VC Village Commercial(2007) A-1 FLOOR PLAN-AS BUILT PC-V Victoria Planned Comm2u0m1 IIwl,.ng e.n:r. C Ile n ILI RF nI.HIYnC?R s n1L W51 kF CMN rn rrf rwE lN•FCC:vR x ioe irr u.°iwriYeni enk.Ywel'"'NAeekisr InL ar Luc,eu m He AN;+HnA USE: Massage Establishment ( RPN rk.peue wmah 3877 Nn xYd M RG e I.:C(KIW;usN(Ps r5r M wYIKLLn PCN ACI)O PtrKv.nF PR A.'+5 APPLICABLE CODES 6 SCOPE OF WORK 5 PROJECT SUMMARY--F4 SHEET INDEX 2 "13 Nw i&r"wk n1:.1K1!'INI,Y,1 e.e..Iq...wp aaeas.L)..m kep (r'FMrAAn­1.1-1 N A'IFrrs nrarAcr '14, FOOTHILL FRE'E'WAY 210 rxr..rrw•Irwv i.rKw ru rwAL wsxclr rvevA'r n¢eeuWfrro rLnY i ra r.et w.vrnrr a rre'r,Yr w rw.L rw(wwcraw Mr row 5 ZONE: LM STATE HIGHWAY Gasw92MI p VlL71161 - 1lJprtwIAMS AHC/YN[.Rf4 A>k1W:.n'Mn wsr HC ----_= —� It 7L059&2061 s'viA'likn r'Lw RENfW 4M1n APAPTK.ASWK Sall M„LYRIYLAYL(wR, _�——_ If P(YY'I 5(.ilA:v[TL MPCCIrw K MX M APM:Y�s'I kk'PFRr P'kYIH Mri �� — A Ik.l .n[rwCENYENI nlnwu n(.S Wsr.U'l)i2 w51Kt('n u"IA AWJGY lv.G � _ c r AN AYIGwrK m I.,rnNL rw(Awtw srsrry feKer.Y.v:G lur saw.•.IeR 2=J / J�_ I R' w,rsWiaarimAsnxe:rii rwru ,'iw,.wwanr u.uneri,uRK G w.. 1 / f I 1 • to T,Y!!JAI nWYfNCr u.,;k APLArr rs�;,Aw�, ;o= � --- 1TI11-(1l'1-FI-fT1Tf1lT y� N r.nPC 1 K,.1 w nWvk ArN!cawwU rs wsr.11rA A n,fU LwL 2 ul O s'r'rYTKw sYsliu rf MdA>:'(n IUK Ws!M SIrNn:rfn.s(fARAr!(r'IrR K N - R!SICr,/rJ,r'PrroSAI.AIYiK srW L WI CWrMY'1wIN,A'KWI 5 N W oil r+ WlUlru./KFN REUUVLs sLWfIMSX,v L"LA-L 5'U^Jgfss.Uv> Tlr Rr rK 1 1 ayY� LfJ O IV srwN,L(a Ya+ncxr.;us=Y cw ME Irx Ar,rRY a rla.r.wY ssxu Lus! I MOBIL OAS I��°'Iv-"•r-_- Wei L14.Y PRJRJSLUI A 1PLPAlf WM'SLYYnrIK 6 RCCIRR(n IOi nQ NARY — STATION r nF uALo-J,c a raRPlro NIM Aurr..wne rxr:rnHeras nF erA'rRK p n 5 o MOP rc'rwn_Wsr LowwY nw rrf s-ttwN c 1 u Ikk 1-sRY 11 1 I 1-1-I-— ALS o EIR I SCONS PHARINACY m S,S^.Y IS ilwaC IIF cf.,-sr HL KIIFLH r,,n¢-T5 R ,T r rrf_ nRlrro,nF srNenv rnvmA.rw Wsr ru.Ir.cr nu- u a SUPERMARKET rW'r..cunsai'crKiv A alWrrR cuYVAa1-1 U-1 INr 1-l.I..rAv V w'Sul.Auwkss Wsr u ws 11.w.�1 L..11-—Lr NN W 1 1 LOCATIO w�f w'.-wcN lYar lErrrKs'cw,r„A>reK;n r A•mwno .. .� LOCATION A II0. RBI n.M Ru1CVIt A4'MYA SIW L(F Po52'n Cw nk'fA.eLVK Q p �/7 _ OM. NA L.nr pf�1 sN'M!bClR:nWs RFyURlR Hr IIR":JOU r YrcH c';Rk'!M C _ _ - .._..._.___ L/ _ .a.: WA NJA,s'K'.lIMN 5„lL M OL WILFCM-Ile In nrt IWE Sr'PYwLL1 r�`3 _- t• L� I-- - Shu 1 I A ,rrt%vIG,IARY (N nF PUfI nRCCIMS,R£Aur w5lw lln w• 'V- 'y JA)nxU[I a ll sr'AGC. Ir IX,1——1 LF 1OW l ill A�L9 � / L � —� \ �' ft..”! 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N -- KENYON WAY PUBLtcR.o.W • lJ� ' O�� RESID SNGLE AMILY k1,G`NrON IY,lr ' ° Q ZONE: LM ��` NORTH 9 -O FIRE DEPT. NOTES SITE PLAN/ SITE UTILIZATION 1 r.m� Nei Ogg a I ULoJ a >o ),. (E)E.P.STA0 E)RESTROM • a 1e��1 S e 9 se �y apM p1w.-H—m nn i 7737 Ner NpI W4R0 ' R(E) 5oom i NLw N7eePM„Nr 11017 8vi64ve O•m IISD 1011[9R 11 EOIV NALLWAY 16714 MRme Or 4-nAA4 r WM EA 4!061 ,F1W5 7605911-ID61 (SRiw.616F. )) M-Y �E.ST: ( STOFWGE RN S p 1� 4 W 'lfl nLesn:. AAilnp: (ET15U � NWM• � ?e, 3 ROOM] 0 enisnNs 5 p MALL N •; ro rascal. A o6wsN,•.7L eJsnrn srJo MAu STEO MALL TO LIb � i�"e'p; ; oeoRNAraEe \ (e) I xr�ln-eo•le•oc. ROOM RESTROOM'� �' I .( ew5nN5 DOOR (m: NB sols: WA ..♦ lo' p sUlmral: WA S.00Trr _ PAOM� IEn GOpE N�R;Yt. WA .,C`P Wi' 1NFAGE 'g'OOOR SGEAIC ft-kV WA TYP DOOR (E) y .e•NP Y N MNA D a F7NWA: WA ROOM 1 9 XIT E..�r 910ru-eRm(drMLE � �'�°.' WA U PLAN woeo rRA.e Dca•/cAs;rs I �rreeRr`�"Irm.Im v ry k I-�/�•NOLOn LORe OQM UI,LKi►_ITHONA F SN TO NATW F'ST � TITAN Iff W/Ne 1]O/]'}l EO IULLWAY --- — --- rY,ALL MgMm O010BUnOr1 C T Ak: g TQtRO1C'/t0 DATA O/M1Lr FLOOR PLAN 4 FEE U asLex;acePrruE .. .. ...,U'•. WAITINL' REC • Q .IAOTKM m RWIO 811507 I F.P. q. __ ..Ey,(1. I t ! •..._ •E`T T ..... `}� TOY UTIrl5lAypl e OmoS/ IB 615 ELEVATIONS "'�" UNIT B ' FLOOR PLAN AS-BUILT NORTN 874 USABLE SF E a a ]6n1: I r A-1 FLOOR PLAN • Bonsee spa, /nmpollated Piba Boonsee Thai/Massa ye Vinyards Marketplace, 11338 Kenyon Way, Rancho Cucamonga, CA 91701 (909) 466-7172 September 3,2015 Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga,CA 91730 Subject:Conditional Use Permit The intent of this letter is to satisfy the requirements set forth in section 1,item 3 of the checklist of the conditional use permit.The business that is being applied for is to operate at 11338 Kenyon Way,Rancho Cucamonga, CA 91701.This business will be a day spa whose principal services will consist of offering a traditional Thai massage. Traditional Thai massage uses no oils or lotions.The recipient remains clothed during a treatment.There is constant body contact between the giver and receiver, but rather than rubbing on muscles,the body is compressed, pulled, and stretched. Thai massage helps to reduce the individual's stress levels and improve their overall circulation. The recipient of the massage wears loose,comfortable clothing and lies on a mat.In Thailand the massage is often given to a group of a dozen or so subjects receiving massage simultaneously in the same large room.The true ancient style of the massage requires that the massage be performed solo with just the giver and receiver which is the method used at Boonsee Thai Massage.The receiver will be positioned in a variety of yoga-like positions during the course of the massage that are also combined with deep static pressures. The hours of operation will be loam until 9pm Sunday through Saturday.The maximum employees at any time on site will consist of three licensed massage therapists and one receptionist. The reason that we are requesting a CUP at this specific location is that the CUP has been made a requirement when this type of business changes name or ownership. Boonsee Thai Massage has operated successfully at this location since July of 2012 but changed ownership in December of 2014. Boonsee Thai Massage has acquired many customers at this location and,with an additional 4 years left on the lease,it would create a significant financial hardship for this business to relocate.A relocation of Boonsee Thai Massage would also create a hardship for our customers who may not be able to travel to a different location. EXHIBIT D Item H -9 RESOLUTION NO. 15-73 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2015-00886, A REQUEST TO OPERATE A MASSAGE ESTABLISHMENT WITHIN AN 834 SQUARE FOOT TENANT SPACE IN THE VILLAGE COMMERCIAL (VC) DISTRICT LOCATED AT 11338 KENYON WAY, UNIT B; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1089-131-07. A. Recitals. 1. Kochaporn Condit, owner of Boonsee Thai Massage, filed an application for the issuance of Conditional Use Permit DRC2015-00886, 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 10th day of November 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 November 10, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property within the Village Commercial (VC) District located at 11338 Kenyon Way, Unit B. The subject property is currently developed with a commercial shopping center that contains adequate onsite parking; and b. The property to the north is developed with CA 210-Freeway, the property to the south, across Kenyon Way, is developed with single-family residences and is located within the Low Medium Residential (LM) District, the property to the east, is developed with single-family residences and is located within the Low Medium Residential (LM) District, and the property to the west, across Milliken Avenue, is developed with single-family residences and is located within the Low Medium Residential (LM) District; and C. The application involves a request to operate a massage establishment within a 834 square foot tenant space; and Item H —10 PLANNING COMMISSION RESOLUTION NO. 15-73 CONDITIONAL USE PERMIT DRC2015-00886— BOONSEE THAI MASSAGE November 10, 2015 • Page 2 d. The massage establishment is requesting to be open 7 days a week with hours of operation from 10:00 a.m. to 9:00 p.m.; and e. The proposed services will include full body massage; and f. The unit is currently improved with a reception area, 5 treatment rooms, restroom, storage and an employee break room.; and g. On October 8, 2015, the Planning Department, along with the Building and Safety Department and Rancho Cucamonga Police Department, conducted an inspection of this facility. During this inspection, Building and Safety staff verified multiple unpermitted improvements within the interior of the subject unit. This included the installation of walls and electrical outlets. To correct these issues, staff has included an attached Conditions of Approval that will require the discussed unpermitted improvements as well as safety requirements to be permitted and installed by the City prior to the start of any business at this location; and h. The Rancho Cucamonga Police Department has reviewed the application and inspected the site and has no comment at this time; and i. The site was developed to accommodate various commercial retail and services businesses. Massage establishments are generally compatible with typical commercial retail and services uses, such as the businesses that exist within this shopping center. That being said, staff ® believes that the use is compatible with the area it is located; and j. The Development Code requires all property owners within a 660 foot radius of the subject property to be notified for all Conditional Use Permit applications. The required notifications were sent out on October 29, 2015. Planning Staff has received one phone call in support of the application. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. The proposed massage establishment is a permitted use within the Village Commercial (VC) zoning district subject to approval of a Conditional Use Permit. The proposed business is in compliance with Development Code Section 17.102.080 (Special Regulated Uses — Massage Establishments), which requires massage establishments to operate between the hours of 7:00 a.m. and 10:00 p.m. The subject massage establishment proposes operating hours from 10:00 a.m. to 9:00 p.m. 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 site, a commercial shopping center, is currently fully developed. The site contains multiple commercial buildings as • well as sufficient onsite parking for the various commercial retail and service uses. The subject property is located along Foothill Boulevard, which is fully improved and provides sufficient access to the site. Although staff has noted that the proposed suite has numerous unpermitted interior Item H —11 PLANNING COMMISSION RESOLUTION NO. 15-73 CONDITIONAL USE PERMIT DRC2015-00886— BOONSEE THAI MASSAGE November 10, 2015 Page 3 improvements, a condition will be added requiring the applicant to obtain all necessary permits for the interior work prior to the operation of any business at this location. C. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. Staff has included a list of reasonable conditions that will help ensure the proposed massage establishment is operating in an appropriate and legal manner. This includes a condition that subjects the conditional use permit to modification, suspension or revocation, where the Planning Commission finds that the owner, operator, or any person employed or retained by the massage establishment, has violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation. 4. The Planning Department Staff has determined that the project is.categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project involves the operation of a massage establishment that is located within an existing building on a site that is currently developed. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 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 10th Day of November 2015, by the following vote-to-wit: Item H —12 PLANNING COMMISSION RESOLUTION NO. 15-73 CONDITIONAL USE PERMIT DRC2015-00886 — BOONSEE THAI MASSAGE November 10, 2015 Page 4 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Item H —13 Conditions of Approval jMO Development o CUCACAbtOVGA CommunityDevelo Department p Project#: DRC2015-00886 Project Name: Boonsee Thai Massage Location: 11338 KENYON WAY B - 108913107-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 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 the applicant of his obligations under this condition. 2. Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval or the use is discontinued for more than 180 days. No extensions are allowed. Should this use be discontinued for more than 180 days, the approving authority may revoke this permit at a public hearing. If this business is closed for more than one calendar year this entitlement shall expire as outlined in Section 17.14.090 D. of the Rancho Cucamonga Development Code. 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. 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. 5. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints or any other material that unreasonably obstructs, obscures, blurs, or darkens the view into the premises. 6. The business shall remain in compliance with all State, County, and Local regulations, including the conditions of the Conditional Use Permit at all times. If the operation of the facility does not remain in compliance with the conditions of approval, the Conditional Use Permit may be reviewed by the Planning Commission for possible modification of the conditions of approval, suspension or the revocation of the Conditional Use Permit. 7. 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. 8. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m., seven days of the week. www.CityofRC.us Printed:11!4!2015 Item H —14 Project#: DRC2015-00886 Project Name: Boonsee Thai Massage Location: 11338 KENYON WAY B - 108913107-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 9. Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit, shall require review and approval by the approving authority. 10. Any modifications to the floor plan shall require review by the Planning Director and may require review by the approving authority. 11. Each person employed or acting as a massage technician or certified massage therapist shall have a valid certification issued by the California Massage Therapy Council (CAMTC) and shall be displayed in a conspicuous area open to the public at all times. It is unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked CAMTC certificate. 12. The possession of a valid conditional use permit does not authorize the possessor to perform work for which a CAMTC certificate is required. 13. A copy of the CAMTC certificate of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises. 14. The massage establishment shall keep a written record of the date and hour of each treatment, the • name and address of each patron, the name of the CAMTC licensed technician administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the director. Such records shall be open to inspection only by officials charged with enforcement of this permit, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any officer or employee of the City or the County of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor and such persons shall be subject to the penalty of the provisions of this chapter in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of 2 years. 15. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. 16. No massage establishment shall be open for business without at least one CAMTC certified massage technician on the premises at all times who is in possession of a current, valid permit or massage certificate. 17. All clients and visitors shall be required to enter and exit through the main entry door. Except when there is no staff available to assure security for massage therapy clients and staff who are behind closed doors, no massage therapy may be carried on behind locked, closed doors. 18. The massage establishment shall have a manager on the premises at all times the massage establishment is open for business. The operator of each massage establishment shall file a statement with the Planning Director designating the person or persons who shall act as manager. The operator, or manager in the operator's absence shall be responsible for ensuring compliance with this permit. 19. All signs shall be in conformance with the current Ordinances of the City. • Printed:1114/2015 www.CityofRC.us Page 2 of 5 Item H —15 Project#: DRC2015-00886 Project Name: Boonsee Thai Massage Location: 11338 KENYON WAY B- 1 0891 31 07-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 20. Minimum lighting shall be provided in accordance with Section 1205 of the Uniform Building Code or successor provision or provisions. In addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where massage services are performed on patrons. 21. Beds, floor mattresses and waterbeds are not permitted on the premises of the massage establishment, and no establishment shall be used for residential or sleeping purposes. 22. Water tables or shower tables are not permitted on the premises of the massage establishment. 23. No alcoholic beverages shall be sold, served or furnished to any client; nor shall any alcoholic beverages be permitted, kept or possessed on the premises of a massage establishment. 24. The massage establishment owner shall be responsible for the conduct of all massage establishment operators, employees, agents, independent contractors, or other representatives, while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment. 25. All payments for massage therapy services, including gratuities or tips, shall be made only in the designated reception and waiting area and not in the massage therapy room. Any gratuities or tips that are solicited from the client in violation of this provision shall be presumed to be for the purpose of committing a sexually related act and may be grounds for the suspension or revocation of the conditional use permit. 26. Massage establishment shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate health department approved receptacles. www.CityofRC.us Printed:11/4/2015 Page 3 of 5 Item H -16 Project#: DRC2015-00886 Project Name: Boonsee Thai Massage • Location: 11338 KENYON WAY B - 108913107-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 27. The massage establishment owner shall be deemed to know and understand the conditions of approval for this conditional use permit. This conditional use permit is subject to modification, suspension or revocation, where the Planning Commission finds that any of the following have occurred on even a single occasion: A. The owner, operator, or any person employed or retained by the massage establishment, has violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation. B. The owner, operator, or any person employed or retained by the massage establishment, has engaged in fraud or has knowingly made a misstatement of material fact either as part of the application or while working in or for the massage establishment. C. The owner, operator, or any person employed or retained to provide services by the massage establishment, has been the subject of a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or sections 11225 through 11235 of the California • Penal Code, or any similar law in any state or other jurisdiction. D. The owner, operator, or any person employed or retained to provide services by the massage establishment, has been convicted in a court of competent jurisdiction of any offense that relates directly to the conduct or operation of a massage establishment, or has at any time been convicted in a court of competent jurisdiction of any offense the commission of which occurred on the premises of a massage establishment or while performing out-call massage services. E. The owner, operator, or any person employed or retained by the massage establishment, has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any of the following offenses: Sections 266, 266a, 266e, 266f, 2669, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any similar offense in any state or other jurisdiction, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not such acts occurred with or without the actual knowledge of the owner. F. The owner, operator, or any person employed or retained by the massage establishment, is currently required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 commencing with section 290 of Title 9 of Part 1 of the California Penal Code), or any similar law in any state or other jurisdiction. G. The owner has continued to operate the massage establishment after the Conditional Use Permit has been suspended. • H. Massage therapy has been performed for compensation by a person who is not a CAMTC certified massage professional, with or without the actual knowledge of the owner. Printed:1114/2015 www.CityofRC.us Page 4 of 5 Item H -17 Project#: DRC2015-00886 Project Name: Boonsee Thai Massage Location: 11338 KENYON WAY B - 108913107-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions I. The owner, operator or any person employed or retained by the massage establishment, has engaged in conduct or committed acts that a reasonable person in the client's position would understand as an offer to perform on or engage in with a client acts that are sexual in nature or that involve the touching of the client's genitals, pubic area, anus, or areola. J. Any other unprofessional conduct or violation of any applicable law, rule or regulation that is substantially related to the providing of massage therapy. K. Any violation of the conditions of approval for the Conditional Use Permit. 28. The massage establishment shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved conditional use permit, pursuant to Section 17.08.040 B of the Development Code. 29. All employees, including massage technicians and certified massage therapist, shall be clean, and wear clean, non-transparent outer garments. Such garments shall not expose their genitals, pubic area, buttocks or chest. Fire Prevention I New Construction Unit Standard Conditions of Approval 1. There is construction work with out permits including new walls, ceilings and electrical. When the CUP is approved, obtain Building Department plan check approval of all construction work and obtain a permit or remove the work with a demolition permit. After the CUP is approved, the required permits are obtained and all the corrective work is done and accepted by both Building and Fire, the Fire and Building clearance to start business operation will be granted. Building and Safety Services Department Please be advised of the following Special Conditions 1. There is construction work with out permits including new walls, ceilings and electrical. When the CUP is approved, obtain Building Department plan check approval of all construction work and obtain a permit or remove the work with a demolition permit. After the CUP is approved,. the required permits are obtained and all the corrective work is done and accepted by both Building and Fire, the Fire and Building clearance to start business operation will be granted. www.CityofRC.us Printed:11/4/2015 Page 5 of 5 Item H —18 STAFF REPORT • Planning Department DATE: November 10, 2015 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, Planning Director BY: Jennifer Nakamura, Associate Planner SUBJECT: CONDITIONAL USE PERMIT DRC2015-00613 - ORCHID BEAUTY DAY SPA-A request to operate a massage establishment within a 1,448 square foot tenant space located on Foothill Boulevard east of Vineyard Avenue within the Community Commercial (CC) zoning district of the Foothill Boulevard Overlay District located at 9000 Foothill Boulevard, Suite 104; APN: 0208-101-17. 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 as a Class 1 (CEQA Guidelines Section 15301) exemption, which covers existing facilities. RECOMMENDATION: Staff recommends approval of the Conditional Use Permit DRC2015- 00613 through the adoption of the attached Resolution and conditions of approval. SITE DESCRIPTION: A. Surrounding Land Use and Zoning: Site - Commercial Center- Community Commercial (CC) District North - Commercial Center- Community Commercial (CC) District South - Commercial Center- Community Commercial (CC) District East - Commercial Center- Community Commercial (CC) District West - Commercial Center- Specialty Commercial (SC) District B. General Plan Designations: Site - General Commercial (GC) North - General Commercial (GC) South - General Commercial (GC) East - General Commercial (GC) West - General Commercial (GC) C. Site Characteristics: The project site is located on Foothill Boulevard, east of Vineyard Avenue in the former OSH commercial center. The site currently contains various retail and services businesses including Big Lots and the Rancho Cucamonga Family Sports Center. The site was developed with and contains sufficient onsite parking for the various uses within the center. Item 1 —1 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00613—ORCHID BEAUTY DAY SPA November 10, 2015 Page 2 ANALYSIS: A. Background: In 2008 the Governor signed into law SB 731, which established uniform regulations for massage therapy and massage establishments. This law preempted most local land use, zoning and operational regulations provided that massage establishments and practitioners were certified by the California Massage Therapy Council. Prior to the implementation of SB 731, massage establishments were conditionally permitted in the General Commercial zoning district Citywide and within the Village Commercial zoning district of the Victoria Arbors Master Plan. In 2012, as part of our comprehensive Development Code Update, massage establishments were permitted "by- right" in all commercial zones, as well as the Industrial Park and General Industrial zoning districts. This was done to bring the City's land use regulations on massage establishments into compliance with State law. Massage establishments have proliferated in the City since the implementation of SB 731. Prior to the required land use changes, there were seven massage establishments within the City. By the end of 2014 there were forty-two establishments. This represents a 600% increase in less than three years. There is evidence in other jurisdictions that massage establishments are fronts for prostitution or human sex trafficking. Staff from the Rancho Cucamonga Police Department, Rancho Cucamonga Fire District, Planning, Building and Safety, Community Improvement and Business License have created a task force to perform inspections of all massage establishments in Rancho Cucamonga. As a result of this task force eight locations have been closed permanently and several have been closed pending proper permits. On September 18, 2014, Governor Brown signed into law AB 1147 which amended the State's current massage therapy laws to expand local authority to adopt zoning regulations, business licensing, and reasonable health and safety requirements for massage establishments and practitioners. AB 1147 took effect on January 1, 2015. The City Council enacted an interim ordinance that now requires a City-issued conditional use permit for new establishments intending to operate in the City after January 1, 2015. B. Approving Authority: Chapter 17.16 of the Development Code authorizes the Planning Director to administratively review and decide all Conditional Use Permits, after a public notification period. This administrative review was predicated on the anticipation that the uses qualifying for a Conditional Use Permit were minor in nature, only have an impact on immediately adjacent properties, and could be modified and/or conditioned to ensure compatibility. The Planning Director, pursuant to Section 17.14.060.0 of the Development Code, may at any point in the application review process, transfer decision making authority to the Planning Commission at her discretion because of policy implications, unique or unusual circumstances or the magnitude of the project. At this time the Planning Director is referring Conditional Use Permit applications for massage establishments to the Planning Commission for review and action. Item 1 -2 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00613—ORCHID BEAUTY DAY SPA November 10, 2015 Page 3 C. General: The applicant, Orchid Beauty Day Spa, is requesting to operate a day spa with facial, nail and massage services within a 1,447 square foot suite. The business proposes to be open 7 days a week from 10:00 a.m. to 9:00 p.m. The applicant submitted for interior (tenant) improvements to the location in 2014, when massage establishments were permitted by right. The improvements were completed in 2015 and when the applicant came to finalize the permit and obtain their business license, they were subject to the interim ordinance requiring a Conditional Use Permit for all new massage establishments. The unit is currently improved with a reception area, 7 treatment rooms, restroom, laundry and an employee break room. There will be up to 3 employees onsite for each shift. Their business description estimates that 70% of their business will be dedicated to skin care services, including facials, 15% to massage, 10% to waxing, 3% to manicures and 2% to body wraps. Because the applicant in offering massage services as part of their business, their land use is classified as a massage establishment based on the land use classifications of the Development Code and is subject to the Conditional Use Permit process. D. Police Review: The Rancho Cucamonga Police Department has reviewed the application and inspected the site and has no comment at this time. E. Other Department's Review: On July 21, 2015, the Planning Department, along with the Fire District and Rancho Cucamonga Police Department, conducted an inspection of this facility. During this inspection, Fire District staff verified multiple unpermitted ® improvements within the interior of the subject unit including the improper installation of drainage for a water table and improper electrical load for a sauna and numerous safety violations, including inappropriate hardware on the rear door and lack of access keys available in the knox box. Planning staff met with the applicant on August 17 to discuss the violations and a plan for corrective action. The applicant agreed to make any and all changes necessary to address these issues. Fire district staff conducted an inspection on October 5 and verified that all outstanding violations have been corrected. F. Land Use Compatibility: The site was developed to accommodate various commercial retail and services businesses. Massage establishments are generally compatible with typical commercial retail and services uses, such as the businesses that exist within this shopping center. That being said, staff believes that the use is compatible with the area in which it is located. G. Facts of Finding: Section 17.16.120 of the Development Code requires that a Conditional Use Permit can only be approved by the approving authority after finding the following. If all of these findings cannot be made, the permit shall be denied. 1. The proposed use is allowed within the applicable zoning district and complies with all other provisions of the Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. The proposed massage establishment is a permitted use within the Community Commercial (CC) zoning district subject to approval of a Conditional Use Permit. The • proposed business is in compliance with Development Code Section 17.102.080 (Special Regulated Uses — Massage Establishments), which requires massage Item 1 —3 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00613—ORCHID BEAUTY DAY SPA November 10, 2015 Page 4 establishments to operate between the hours of 7.00 a.m. and 10:00 p.m. The subject massage establishment proposes operating hours from 10:00 a.m. to 9:00 p.m. 2. 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 site, a commercial shopping center, is currently fully developed. The site contains multiple commercial buildings as well as sufficient onsite parking for the various commercial retail and service uses. The subject property is located along Foothill Boulevard, which is fully improved and provides sufficient access to the site. Although staff has noted that the proposed suite had numerous safety violations, those issues have since been corrected. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. Staff has included a list of reasonable conditions of approval that will help ensure the proposed massage establishment is operating in an appropriate and legal manner. This includes a condition that subjects the conditional use permit to modification, suspension or revocation, where the Planning Commission finds that the owner, operator, or any person employed or retained by the massage establishment, has violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation. H. Conditions of Approval: In approving a Conditional Use Permit, the approving authority may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within the Development Code. The conditions of approval are attached to the resolution. I. 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 operation, repair, and maintenance of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. Because the project involves the operation of a massage establishment that is located within an existing building on a site that is currently developed, staff concludes that there is no substantial evidence that the project will have a significant effect on the environment. Item 1 -4 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00613—ORCHID BEAUTY DAY SPA November 10, 2015 Page 5 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper on October 29, 2015, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No comments have been received. Respectfully submitted, Candyce Burne t Planning Director CB:JN/Is Attachments: Exhibit A - Aerial Photo Exhibit B - Site Plan Exhibit C - Floor Plan Exhibit D - Project Statement from the Applicant Resolution of Approval Conditional Use Permit DRC2015-00613 Item 1 —5 rA, acs-au.-.�c unu LS309m Z iruaaaau auN m»unnua "°""`: ennui��saa D9LIbV7'V9NOWV'XI'J' py'7NV21 m J[3[Jtd 1�'2i.Lti3� .y trOla Gn�9 1�1:1UOd OOOb V iG AVG Aif d�9 GIH-,W 99NVj+M N`dld 3115 SNUSIX9 e $ ZO m W o I I'I m I I m I � l%�i/ 11 lli j�, l� 11 11 Gi � I• I • I Jl LL I•� I ✓� I � rill/lll'll/i'l/l it —` -, ,� I•.•.•. �' o' UI i , 7 4 l\t jlll1, /ii 'l I I : .— \ \ \ I' .�� .i ; , I I ;:l W ' -.j,!� i'� •1 � I I I.`� ' '� -- -Iz—_ I I �:. �;! i xv scic r�j 1 i ' o• m I \ �I•j , U /:.r, -. I I i � I I I I n _ I I i� \1 I :• �I.l I ��F iW� �"s r ala 1•��I r # 4° s� �� r �w`s• � EXHIBIT B Item 1 -7 -- --'�----� ------ -- ' ------- '- ----r���------ ----'� ---'--- ----- '----- ---' ---�---- REVISIONS 0 ed En � �------- '�--�--"�= ----'--------�-------'------�� �X�� KEA FLOOR PLAN ~ _ | 00 � te FL (I-)FLOOR PLAN -_- _- ---____ -_--_'_-__--_�-----_-_--'-' -_------_-__`-_--_' -_.... ' '_--_- __--- _----_�- _ -----___ • Yong Ying Shi Orchid Beauty Day Spa 9000 Foothill BI#104 Rancho Cucamonga CA 91730 City of Rancho Cucamonga Planning Department Rancho Cucamonga, CA To whom it may concern, The proposed business is a full services day-spa, named "Orchid Beauty Day Spa (9000 Foothill Blvd., #104, Rancho Cucamonga,CA 91730),"The Orchid Beauty Day Spa is a beauty spa providing skin-care services, including facials 70%,therapeutic massage 15%,waxing 10%nail manicures 3%, and body ® wraps 2%. Spa hours are 10 am to 9pm, seven days a week.There will be up to 3 employees onsite at one shift.As requested by the RC Planning Department,the CUP is needed for operation of this type of service business. Sincerely, Yong Ying Shi Tel:909-230-2700 • EXHIBIT D Item 1 —9 RESOLUTION NO.15-74 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2015-00613,A REQUEST TO OPERATE A MASSAGE ESTABLISHMENT WITHIN A 1,448 SQUARE FOOT TENANT SPACE IN THE COMMUNITY COMMERCIAL (CC) DISTRICT LOCATED AT 9000 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0208-101-17. A. Recitals. 1. Yong Ying Shi, owner of Orchid Beauty Day Spa, filed an application for the issuance of Conditional Use Permit DRC2015-00613, 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 10th day of November 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 November 10, 2015, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property within the Community Commercial (CC) District located at 9000 Foothill Boulevard. The subject property is currently developed with a commercial shopping center that contains adequate onsite parking; and b. The property to the north is developed with a commercial center and is located within the Community Commercial (CC) District, the property to the south, across Foothill Boulevard, is developed with a commercial center and is located within the Community Commercial (CC) District, the properties to the east, is developed with a commercial center and is located within the Community Commercial (CC) District, and the property to the west is developed with a commercial center and is located within the Specialty Commercial (SC) District; and C. The application involves a request to operate a massage establishment within a 1,448 square foot tenant space; and Item 1 —10 PLANNING COMMISSION RESOLUTION NO. 15-74 CONDITIONAL USE PERMIT DRC2015-00613—ORCHID BEAUTY DAY SPA November 10, 2015 is Page 2 d. The massage establishment is requesting to be open 7 days a week with hours of operation from 10:00 a.m. to 9:00 p.m.; and e. The proposed services will include skin care services, body massage, waxing, manicures and body wraps; and f. The submitted floor plan indicates there are a total of 7 treatment rooms, 1 restroom, 1 laundry room, 1 break room and a reception counter/waiting area at the entrance of the suite; and g. On July 21, 2015, the Planning Department, along with the Fire District and Rancho Cucamonga Police Department, conducted an inspection of this facility. During this inspection, Fire District staff verified multiple unpermitted improvements within the interior of the subject unit including the improper installation of drainage for a water table and improper electrical load for a sauna and numerous safety violations, including inappropriate hardware on rear door and lack of access keys available in the knox box. Planning staff met with the applicant on August 17, 2015 to discuss the violations and a plan for corrective action. The applicant agreed to make any and all changes necessary to address these issues. Fire district staff conducted an inspection on October 5, 2015 and verified that all outstanding violations have been corrected. h. The Rancho Cucamonga Police Department has reviewed the application and inspected the site and has no comment at this time. ® i. The site was developed to accommodate various commercial retail and services businesses. Massage establishments are generally compatible with typical commercial retail and services uses, such as the businesses that exist within this shopping center. That being said, staff believes that the use is compatible with the area in which it is located. j. The Development Code requires all property owners within a 660 foot radius of the subject property to be notified for all Conditional Use Permit applications. The required notifications were sent out on October 29, 2015. Planning Staff has not received any comments regarding this application. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. The proposed massage establishment is a permitted use within the Community Commercial (CC) zoning district subject to approval of a Conditional Use Permit. The proposed business is in compliance with Development Code Section 17.102.080 (Special Regulated Uses — Massage Establishments), which requires massage establishments to operate between the hours of 7:00 a.m. and 10:00 p.m. The subject massage establishment proposes operating hours from 10:00 a.m. to 9:00 p.m. 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 site, a commercial shopping center, is currently fully developed. The site contains multiple commercial buildings as Item 1 —11 PLANNING COMMISSION RESOLUTION NO. 15-74 CONDITIONAL USE PERMIT DRC2015-00613—ORCHID BEAUTY DAY SPA November 10, 2015 Page 3 well as sufficient onsite parking for the various commercial retail and service uses. The subject property is located along Foothill Boulevard,which is fully improved and provides sufficient access to the site.Although staff has noted that the proposed suite had numerous safety violations, those issues have since been corrected. C. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. Staff has included a list of reasonable conditions that will help ensure the proposed massage establishment is operating in an appropriate and legal manner. This includes a condition that subjects the Conditional Use Permit to modification, suspension or revocation, where the Planning Commission finds that the owner, operator, or any person employed or retained by the massage establishment, has violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project involves the operation of a massage establishment that is located within an existing building on a site that is currently developed. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 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 10th Day of November 2015, by the following vote-to-wit: Item 1 —12 PLANNING COMMISSION RESOLUTION NO. 15-74 CONDITIONAL USE PERMIT DRC2015-00613-ORCHID BEAUTY DAY SPA November 10, 2015 is Page 4 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Item 1 -13 l: Conditions of Approval HO CUjCAMON GA Community Development Department Project#: DRC2015-00613. Project Name: Orchid Beauty Day Spa Location: 9000 FOOTHILL BLVD 104-020810117-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Plannina Department Please be advised of the following Special Conditions 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 the applicant of his obligations under this condition. 2. Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval or the use is discontinued for more than 180 days. No extensions are allowed. Should this use be discontinued for more than 180 days, the approving authority may revoke this permit at a public hearing. If this business is closed for more than one calendar year this entitlement shall expire as outlined in Section 17.14.090 D. of the Rancho Cucamonga Development Code. 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. 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. 5. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints or any other material that unreasonably obstructs, obscures, blurs, or darkens the view into the premises. 6. The business shall remain in compliance with all State, County, and Local regulations, including the conditions of the Conditional Use Permit at all times. If the operation of the facility does not remain in compliance with the conditions of approval, the Conditional Use Permit may be reviewed by the Planning Commission for possible modification of the conditions of approval, suspension or the revocation of the Conditional Use Permit. 7. 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. 8. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m., seven days a week. www.CityofRC.us Printed:11/4/2015 Item 1 —14 Project#: DRC2015-00613 Project Name: Orchid Beauty Day Spa • Location: 9000 FOOTHILL BLVD 104-020810117-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 9. Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit, shall require review and approval by the approving authority. 10. Any modifications to the floor plan shall require review by the Planning Director and may require review by the approving authority. 11. Each person employed or acting as a massage technician or certified massage therapist shall have a valid certification issued by the California Massage Therapy Council (CAMTC) and shall be displayed in a conspicuous area open to the public at all times. It is unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked CAMTC certificate. 12. The possession of a valid conditional use permit does not authorize the possessor to perform work for which a CAMTC certificate is required. 13. A copy of the CAMTC certificate of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises. 14. The massage establishment shall keep a written record of the date and hour of each treatment, the • name and address of each patron, the name of the CAMTC licensed technician administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the director. Such records shall be open to inspection only by officials charged with enforcement of this permit, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any officer or employee of the City or the County of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor and such persons shall be subject to the penalty of the provisions of this chapter in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of 2 years. 15. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. 16. No massage establishment shall be open for business without at least one CAMTC certified massage technician on the premises at all times who is in possession of a current, valid permit or massage certificate. 17. All clients and visitors shall be required to enter and exit through the main entry door. Except when there is no staff available to assure security for massage therapy clients and staff who are behind closed doors, no massage therapy may be carried on behind locked, closed doors. 18. The massage establishment shall have a manager on the premises at all times the massage establishment is open for business. The operator of each massage establishment shall file a statement with the Planning Director designating the person or persons who shall act as manager. The operator, or manager in the operator's absence shall be responsible for ensuring compliance with this permit. 19. All signs shall be in conformance with the current Ordinances of the City. Printed:11/4/2015 www.CityofRC.us Page 2 of 5 Item 1 —15 Project#: DRC2015-00613 Project Name: Orchid Beauty Day Spa Location: 9000 FOOTHILL BLVD 104-020810117-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department please be advised of the following Special Conditions 20. Minimum lighting shall be provided in accordance with Section 1205 of the Uniform Building Code or successor provision or provisions. In addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where massage services are performed on patrons. 21. Beds, floor mattresses and waterbeds are not permitted on the premises of the massage establishment, and no establishment shall be used for residential or sleeping purposes. 22. Water tables or shower tables are not permitted on the premises of the massage establishment. 23. No alcoholic beverages shall be sold, served or furnished to any client; nor shall any alcoholic beverages be permitted, kept or possessed on the premises of a massage establishment. 24. The massage establishment owner shall be responsible for the conduct of all massage establishment operators, employees, agents, independent contractors, or other representatives, while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment. 25. All payments for massage therapy services, including gratuities or tips, shall be made only in the designated reception and waiting area and not in the massage therapy room. Any gratuities or tips that are solicited from the client in violation of this provision shall be presumed to be for the purpose of committing a sexually related act and may be grounds for the suspension or revocation of the i. conditional use permit. www.CityofRC.us Printed:11/412015 Page 3 of 5 Item 1 -16 Project#: DRC2015-00613 Project Name: Orchid Beauty Day Spa ® Location: 9000 FOOTHILL BLVD 104-020810117-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 26. The massage establishment owner shall be deemed to know and understand the conditions of approval for this conditional use permit. This conditional use permit is subject to modification, suspension or revocation, where the Planning Commission finds that any of the following have occurred on even a single occasion: A. The owner, operator, or any person employed or retained by the massage establishment, has violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation. B. The owner, operator, or any person employed or retained by the massage establishment, has engaged in fraud or has knowingly made a misstatement of material fact either as part of the application or while working in or for the massage establishment. C. The owner, operator, or any person employed or retained to provide services by the massage establishment, has been the subject of a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or sections 11225 through 11235 of the California Penal Code, or any similar law in any state or other jurisdiction. D. The owner, operator, or any person employed or retained to provide services by the massage establishment, has been convicted in a court of competent jurisdiction of any offense that relates directly to the conduct or operation of a massage establishment, or has at any time been convicted in a court of competent jurisdiction of any offense the commission of which occurred on the premises of a massage establishment or while performing out-call massage services. E. The owner, operator, or any person employed or retained by the massage establishment, has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any of the following offenses: Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any similar offense in any state or other jurisdiction, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not such acts occurred with or without the actual knowledge of the owner. F. The owner, operator, or any person employed or retained by the massage establishment, is currently required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 commencing with section 290 of Title 9 of Part 1 of the California Penal Code), or any similar law in any state or other jurisdiction. G. The owner has continued to operate the massage establishment after the Conditional Use Permit has been suspended. H. Massage therapy has been performed for compensation by a person who is not a CAMTC certified massage professional, with or without the actual knowledge of the owner. us Printed:11/4/2015 www.CityofRC. Page 4 of 5 Item 1 —17 Project#: DRC2015-00613 Project Name: Orchid Beauty Day Spa Location: 9000 FOOTHILL BLVD 104-020810117-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions I. The owner, operator or any person employed or retained by the massage establishment, has engaged in conduct or committed acts that a reasonable person in the client's position would understand as an offer to perform on or engage in with a client acts that are sexual in nature or that involve the touching of the client's genitals, pubic area, anus, or areola. J. Any other unprofessional conduct or violation of any applicable law, rule or regulation that is substantially related to the providing of massage therapy. K. Any violation of the conditions of approval for the Conditional Use Permit. 27. The massage establishment shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved conditional use permit, pursuant to Section 17.08.040 B of the Development Code. 28. Massage establishment shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate health department approved receptacles. 29. All employees, including massage technicians and certified massage therapist, shall be clean, and wear clean, non-transparent outer garments. Such garments shall not expose their genitals, pubic area, buttocks or chest. www.CityofRC.us Printed:1114/2015 Page 5 of 5 Item 1 —18 STAFF REPORT - PLANNING DEPARTMENT DATE: November 10, 2015 RANCHO TO: Chairman and Members of the Planning Commission C,'UCAMONGA FROM: Candyce Burnett, Planning Director BY: Dominick Perez, Associate Planner SUBJECT: CONDITIONAL USE PERMIT DRC2015-00806 — V SPA — A request to operate a massage establishment within a 1,020 square foot tenant space in the Neighborhood Commercial (NC) District located at the northeast corner of Base Line Road and Carnelian Street at 8800 Base Line Road, Unit C — APN: 0202-381-24. 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 as a Class 1 (CEQA Guidelines Section 15301) exemption, which covers existing facilities. RECOMMENDATION: Staff recommends approval of the Conditional Use Permit DRC2015-00806 through the adoption of the attached Resolution and conditions of approval. • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Residential Development— Medium Residential (M) District South - Restaurants, Office Complex and an Assisted Living Facility — Office Professional (OP) District East - Alta Loma High School — Low Residential (L) District West - Single-Family Residences — Low-Residential (L) District B. General Plan Designations: Project Site - Neighborhood Commercial North - Medium Residential South - Office East - School West - Low Residential C. Site Characteristics: The project site is located at the northeast corner of Base Line Road and Carnelian Street within an existing 7.7-acre multi-tenant shopping center. The site currently contains various retail and services businesses, including a grocery store, restaurants and a bank. The site was developed with and contains sufficient onsite parking for the various uses within the center. Item J —1 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00806—V SPA November 10, 2015 Page 2 ANALYSIS: A. Background: In 2008 the Governor signed into law SB 731, which established uniform regulations for massage therapy and massage establishments. This law preempted most local land use, zoning and operational regulations provided that massage establishments and practitioners were certified by the California Massage Therapy Council. Prior to the implementation of SB 731, massage establishments were conditionally permitted in the General Commercial zoning district Citywide and within the Village Commercial zoning district of Victoria Arbors Master Plan. In 2012, as part of our comprehensive Development Code Update, massage establishments were permitted "by-right" in all commercial zones, as well as the Industrial Park and General Industrial zoning districts. This was done to bring the City's land use regulations on massage establishments into compliance with State law. Massage establishments have proliferated in the City since the implementation of SB 731. Prior to the required land use changes, there were seven massage establishments within the City. By the end of 2014 there were forty-two establishments. This represents a 600% increase in less than three years. There is evidence in other jurisdictions that massage establishments are fronts for prostitution or human sex trafficking. Staff from the Rancho Cucamonga Police Department, Rancho Cucamonga Fire District, Planning, Building and Safety, Community Improvement and Business License have created a task force to perform inspections of all massage establishments in Rancho Cucamonga. As a result of this task force, eight locations have been closed permanently and several have been closed pending proper permits. On September 18, 2014, Governor Brown signed into law AB 1147 which amended the State's current massage therapy laws to expand local authority to adopt zoning regulations, business licensing, and reasonable health and safety requirements for massage establishments and practitioners. AB 1147 took effect on January 1, 2015. The City Council enacted an interim ordinance that now requires a City-issued Conditional Use Permit for new establishments intending to operate in the City after January 1, 2015. B. Approving Authority: Chapter 17.16 of the Development Code authorizes the Planning Director to administratively review and decide all Conditional Use Permits, after a public notification period. This administrative review was predicated on the anticipation that the uses qualifying for a Conditional Use Permit were minor in nature, only have an impact on immediately adjacent properties, and could be modified and/or conditioned to ensure compatibility. The Planning Director, pursuant to Section 17.14.060.0 of the Development Code, may at any point in the application review process, transfer decision.making authority to the Planning Commission at her discretion because of policy implications, unique or unusual circumstances or the magnitude of the project. At this time the Planning Director is referring Conditional Use Permit applications for massage establishments to the Planning Commission for review and action. Item J —2 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00806—V SPA • November 10, 2015 Page 3 C. General: The applicant, V Spa, is requesting to operate a foot and body massage establishment within a 1,020 square foot suite. The business proposes to be open 7 days a week from 10:00 a.m. to 10:00 p.m. The floor plan that was submitted with the application shows a total of 3 enclosed massage rooms, 1 open room with 4 massage chairs and a service/receptionist counter, 1 restroom, and 2 equipment and storage rooms. There will be a total of 2 massage technicians and 1 receptionist onsite at all times. D. Police Review: The Rancho Cucamonga Police Department has reviewed the application and inspected the site and has no comment at this time. E. Other Department's Review: On September 21, 2015, the Planning Department, along with the Building and Safety Department, Fire District and Rancho Cucamonga Police Department, conducted an inspection of this facility. During this inspection, Building and Safety staff verified multiple unpermitted improvements within the interior of the subject unit. This included the installation of walls, electrical,washer and dryer hook ups and a water heater. The Fire District also had noted numerous safety violations, including no onsite fire extinguisher, lack of exit signage over the main door, lack of proper ventilation for the water heater and unsafe electrical wiring. To correct these issues, staff has included a condition of approval in the attached Resolution that will require the discussed unpermitted improvements as well as safety requirements to be permitted and installed by the City prior to the start of any business at this location. • F. Land Use Compatibility: The site was developed to accommodate various commercial retail and services businesses. Massage establishments are generally compatible with typical commercial retail and services uses, such as the businesses that exist within this shopping center. That being said, staff believes that the use is compatible with the area in which it is located. G. Facts of Finding: Section 17.16.120 of the Development Code requires that a Conditional Use Permit can only be approved by the approving authority after finding the following. If all of these findings cannot be made, the permit shall be denied. 1. The proposed use is allowed within the applicable zoning district and complies with all other provisions of the Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. The proposed massage establishment is a permitted use within the Neighborhood Commercial (NC) zoning district subject to approval of a Conditional Use Permit. The proposed business is in compliance with Development Code Section 17.102.080(Special Regulated Uses— Massage Establishments), which requires massage establishments to operate between the hours of 7:00 a.m. and 10:00 p.m. The subject massage establishment proposes operating hours from 10:00 a.m. to 10:00 p.m. 2. 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 site, a commercial shopping center, is currently fully developed. The site contains multiple commercial buildings as well as sufficient onsite parking for the various Item J —3 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00806—V SPA November 10, 2015 Page 4 commercial retail and service uses. The subject property is located at the northeast comer of Base Line Road and Camelian Street, which are both fully improved and provide sufficient access to the site. Although staff has noted that the proposed suite has numerous unpermitted interior improvements, a condition will be added requiring the applicant to obtain all necessary permits for the interior work prior to the operation of any business at this location. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. Staff has included a list of reasonable conditions that will help ensure the proposed massage establishment is operating in an appropriate and legal manner. This includes a condition that subjects the Conditional Use Permit to modification, suspension or revocation, where the Planning Commission finds that the owner, operator, or any person employed or retained by the massage establishment, has violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation. H. Conditions of Approval: In approving a Conditional Use Permit, the approving authority may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within the Development Code. The conditions of approval are attached to the resolution. I. 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 operation, repair, and maintenance of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. Because the project involves the operation of a massage establishment that is located within an existing building on a site that is currently developed, staff concludes that there is no substantial evidence that the project will have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland .Valley Daily Bulletin newspaper on October 29, 2015, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No comments have been received. Respectfully submitted, -6�� Candya4iett Planning Director CB:DP/Is Item J —4 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2015-00806—V SPA November 10, 2015 Page 5 Attachments: Exhibit A - Aerial Photo Exhibit B - Site Plan Exhibit C - Floor Plan Exhibit D - Project Statement from the Applicant Draft Resolution of Approval Conditional Use Permit DRC2015-00806 • Item J —5 • • • - ' - � ' 1 11 : 1 . ti - SITE Base Llne Road A t _ l '. me 0 x Country Village Inc. Blank CHs -No Aces mo I V�oA e c ss Meter Room 1282 Room L (D ----------- u 3 "�ELeciri—c,Fj W19 Room JJ 1004 U802 W(Y) W-Oc 11814 .K. r'ul t\s5�- MA ,C-� �o S I LU R . . . . . . :Umlz EXHIBIT C Item J -8 August 11, 2015 Rancho Cucamonga Planning Department Re: CUP for 8800 Base Line Road, #C Dear Sir: My name is Dan Lin, I want to request the CUP because I am the new tenant at 8800 Base Line Road, #C, Rancho Cucamonga, CA 91.701. I am the new owner of Vspa, which operates Body and Foot Massage. The location will open for business 7 days a week, from 10arn to 10pm daily. There will be two workers on the shift. • Please issue the permit as soon as possible and thank you for your attention to the above. Sincerely, i Dan Lin EXHIBIT Item J -9 RESOLUTION NO. 15-75 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2015-00806,A REQUEST TO OPERATE A MASSAGE ESTABLISHMENT WITHIN A 1,020 SQUARE FOOT TENANT SPACE IN THE NEIGHBORHOOD COMMERCIAL (NC) DISTRICT LOCATED AT THE NORTHEAST CORNER OF BASE LINE ROAD AND CARNELIAN STREET WITHIN AT 8800 BASE LINE ROAD, UNIT C; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0202-381-24. A. Recitals. 1. Dan Lin, the owner of V Spa, filed an application for the issuance of Conditional Use Permit DRC2015-00806, 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 10th day of November 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 November 10, 2015, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property within the Neighborhood Commercial (NC) District located at the northeast corner of Base Line Road and Carnelian Street at 8800 Base Line Road, Unit C. The subject property is currently developed with a commercial shopping center that contains adequate onsite parking; and b. The property to the north is developed with residential units and is located within the Medium Residential (M) District, the properties to the west, across Carnelian Street, are developed with single-family residences and are within the Low Residential (L) District, the properties to the south, across Base Line Road, consist of restaurants, an office complex and an assisted living facility and are located within the Office Professional (OP) District, and the abutting property to the east is developed with a High School and is located within the Low-Residential (L) District; and c. The application involves a request to operate a massage establishment within a 1,020 square foot tenant space; and Item 1 —10 PLANNING COMMISSION RESOLUTION NO. 15-75 CONDITIONAL USE PERMIT DRC2015-00806—V SPA November 10, 2015 • Page 2 d. The massage establishment is requesting to be open 7 days a week with hours of operation from 10:00 a.m. to 10:00 p.m.; and e. The proposed services will include foot and body massage; and f. The submitted floor plan indicates there are a total of 3 private massage rooms, 1 restroom, 1 storage room, 1 utility room and a large open area with 4 massage chairs and a service counter/waiting area at the entrance of the suite; and g. On September 21, 2015, the Planning Department, along with the Building and Safety Department, Fire District and Rancho Cucamonga Police Department, conducted an inspection of this facility. During this inspection, Building and Safety staff verified multiple unpermitted improvements within the interior of the subject unit. This included the installation of walls, electrical, washer and dryer hook ups and a water heater. The Fire District also had noted numerous safety violations, including no onsite fire extinguisher, lack of exit signage over the main door, lack of proper ventilation for the water heater and unsafe electrical wiring. To correct these issues, staff has included an attached Conditions of Approval that will require the discussed unpermitted improvements as well as safety requirements to be permitted and installed by the City prior to the start of any business at this location. • h. The Rancho Cucamonga Police Department has reviewed the application and inspected the site and has no comment at this time. i. The site was developed to accommodate various commercial retail and services businesses. Massage establishments are generally compatible with typical commercial retail and services uses, such as the businesses that exist within this shopping center. That being said, staff believes that the use is compatible with the area it is located. j. The Development Code requires all property owners within a 660 foot radius of the subject property to be notified for all Conditional Use Permit applications. The required notifications were sent out on October 29, 2015. Planning Staff has not received any comments regarding this application. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. The proposed massage establishment is a permitted use within the Neighborhood Commercial (NC) zoning district subject to approval of a Conditional Use Permit. The proposed business is in compliance with Development Code Section 17.102.080 (Special Regulated Uses — Massage Establishments), which requires massage establishments to operate between the hours of 7:00 a.m. and 10:00 p.m. The subject • massage establishment proposes operating hours from 10:00 a.m. to 10:00 p.m. 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 site, a commercial Item J —11 PLANNING COMMISSION RESOLUTION NO. 15-75 CONDITIONAL USE PERMIT DRC2015-00806—V SPA November 10, 2015 Page 3 shopping center, is currently fully developed. The site contains multiple commercial buildings as well as sufficient onsite parking for the various commercial retail and service uses. The subject property is located at the northeast corner of Base Line Road and Carnelian Street, which are both fully improved and provide sufficient access to the site. Although staff has noted that the proposed suite has numerous unpermitted interior improvements, a condition will be added requiring the applicant to obtain all necessary permits for the interior work prior to the operation of any business at this location. C. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. Staff has included a list of reasonable conditions that will help ensure the proposed massage establishment is operating in an appropriate and legal manner. This includes a condition that subjects the Conditional Use Permit to modification, suspension or revocation, where the Planning Commission finds that the owner, operator, or any person employed or retained by the massage establishment, has violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project involves the operation of a massage establishment that is located within an existing building on a site that is currently developed. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on their 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 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 10th Day of November 2015, by the following vote-to-wit: Item J —12 PLANNING COMMISSION RESOLUTION NO. 15-75 CONDITIONAL USE PERMIT DRC2015-00806—V SPA November 10, 2015 ® Page 4 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • Item J —13 Conditions of Approval RANCHO Community Development Department CITCAMONGA Project#: DRC2015-00806 Project Name: V Spa Massage Establishment Location: 8800 BASE LINE RD C -020238124-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 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 the applicant of his obligations under this condition. 2. Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval or the use is discontinued for more than 180 days. No extensions are allowed. Should this use be discontinued for more than 180 days, the approving authority may revoke this permit at a public hearing. If this business is closed for more than one calendar year this entitlement shall expire as outlined in Section 17.14.090 D. of the Rancho Cucamonga Development Code. 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. 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. 5. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints or any other material that unreasonably obstructs, obscures, blurs, or darkens the view into the premises. 6. The business shall remain in compliance with all State, County, and Local regulations, including the conditions of the Conditional Use Permit at all times. If the operation of the facility does not remain in compliance with the conditions of approval, the Conditional Use Permit may be reviewed by the Planning Commission for possible modification of the conditions of approval, suspension or the revocation of the Conditional Use Permit. 7. 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. 8. Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m., 7 days a week. www.QtyofRC.us Printed:11/4/2015 Item J —14 Project#: DRC2015-00806 Project Name: V Spa Massage Establishment Location: 8800 BASE LINE RD C - 020238124-0000 • Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 9. Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit, shall require review and approval by the approving authority. 10. Any modifications to the floor plan shall require review by the Planning Director and may require review by the approving authority. 11. Each person employed or acting as a massage technician or certified massage therapist shall have a valid certification issued by the California Massage Therapy Council (CAMTC) and shall be displayed in a conspicuous area open to the public at all times. It is unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked CAMTC certificate. 12. The possession of a valid conditional use permit does not authorize the possessor to perform work for which a CAMTC certificate is required. 13. A copy of the CAMTC certificate of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises. 14. The massage establishment shall keep a written record of the date and hour of each treatment, the • name and address of each patron, the name of the CAMTC licensed technician administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the director. Such records shall be open to inspection only by officials charged with enforcement of this permit, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any officer or employee of the City or the County of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor and such persons shall be subject to the penalty of the provisions of this chapter in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of 2 years. 15. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. 16. No massage establishment shall be open for business without .at least one CAMTC certified massage technician on the premises at all times who is in possession of a current, valid permit or massage certificate. 17. All clients and visitors shall be required to enter and exit through the main entry door. Except when there is no staff available to assure security for massage therapy clients and staff who are behind closed doors, no massage therapy may be carried on behind locked, closed doors. 18. The massage establishment shall have a manager on the premises at all times the massage establishment is open for business. The operator of each massage establishment shall file a statement with the Planning Director designating the person or persons who shall act as manager. The operator, or manager in the operator's absence shall be responsible for ensuring compliance with this permit. • 19. All signs shall be in conformance with the current Ordinances of the City. Printed:1114/2015 www.CityofRC.us Page 2 of 5 Item 1 —15 Project#: DRC2015-00806 Project Name: V Spa Massage Establishment Location: 8800 BASE LINE RD C- 020238124-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 20. Minimum lighting shall be provided in accordance with Section 1205 of the Uniform Building Code or successor provision or provisions. In addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where massage services are performed on patrons. 21. Beds, floor mattresses and waterbeds are not permitted on the premises of the massage establishment, and no establishment shall be used for residential or sleeping purposes. 22. Water tables or shower tables are not permitted on the premises of the massage establishment. 23. No alcoholic beverages shall be sold, served or furnished to any client; nor shall any alcoholic beverages be permitted, kept or possessed on the premises of a massage establishment. 24. The massage establishment owner shall be responsible for the conduct of all massage establishment operators, employees, agents, independent contractors, or other representatives, while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment. 25. All payments for massage therapy services, including gratuities or tips, shall be made only in the designated reception and waiting area and not in the massage therapy room.. Any gratuities or. tips that are solicited from the client in violation of this provision shall be presumed to be for the purpose of committing a sexually related act and may be grounds for the suspension or revocation of the conditional use permit. www.CityofRC.us Printed:11/4/2015 Page 3 of 5 Item J —16 Project#: DRC2015-00806 Project Name: V Spa Massage Establishment Location: 8800 BASE LINE RD C - 020238124-0000 • Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Planning ROJECT:Planning Department Please be advised of the following Special Conditions 26. The massage establishment owner shall be deemed to know and understand the conditions of approval for this conditional use permit. This conditional use permit is subject to modification, suspension or revocation, where the Planning Commission finds that any of the following have occurred on even a single occasion: A. The owner, operator, or any person employed or retained by the massage establishment, has violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation. B. The owner, operator, or any person employed or retained by the massage establishment, has engaged in fraud or has knowingly made a misstatement of material fact either as part of the application or while working in or for the massage establishment. C. The owner, operator, or any person employed or retained to provide services by the massage establishment, has been the subject of a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or sections 11225 through 11235 of the California Penal Code, or any similar law in any state or other jurisdiction. D. The owner, operator, or any person employed or retained to provide services by the massage establishment, has been convicted in a court of competent jurisdiction of any offense that relates directly to the conduct or operation of a massage establishment, or has at any time been convicted in a court of competent jurisdiction of any offense the commission of which occurred on the premises of a massage establishment or while performing out-call massage services. E. The owner, operator, or any person employed or retained by the massage establishment, has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any of the following offenses: Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any similar offense in any state or other jurisdiction, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not such acts occurred with or without the actual knowledge of the owner. F. The owner, operator, or any person employed or retained by the massage establishment, is currently required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 commencing with section 290 of Title 9 of Part 1 of the California Penal Code), or any similar law in any state or other jurisdiction. G. The owner has continued to operate the massage establishment after the Conditional Use Permit has been suspended. • H. Massage therapy has been performed for compensation by a person who is not a CAMTC certified massage professional, with or without the actual knowledge of the owner. Printed: 11/4/2015 www.CityofRC.us Page 4 of 5 Item J —17 Project#: DRC2015-00806 Project Name: V Spa Massage Establishment Location: 8800 BASE LINE RD C - 020238124-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions I. The owner, operator or any person employed or retained by the massage establishment, has engaged in conduct or committed acts that a reasonable person in the client's position would understand as an offer to perform on or engage in with a client acts that are sexual in nature or that involve the touching of the client's genitals, pubic area, anus, or areola. J. Any other unprofessional conduct or violation of any applicable law, rule or regulation that is substantially related to the providing of massage therapy. K. Any violation of the conditions of approval for.the Conditional Use Permit. 27. The massage establishment shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved conditional use permit, pursuant to Section 17.08.040 B of the Development Code. 28. Massage establishment shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate health department approved receptacles. 29. All employees, including massage technicians and certified massage therapist, shall be clean, and wear clean, non-transparent outer garments. Such garments shall not expose their genitals, pubic area, buttocks or chest. www.CityofRC.us Printed:11/4/2015 Page 5 of 5 Item J —18 STAFF REPORTJ J PL kNNING DEPARTMENT DATE: November 10, 2015 RANCHO TO: Chairman and Members of the Planning Commission �,;UCAMONGA FROM: Candyce Burnett, Planning Director BY: Dominick Perez, Associate Planner SUBJECT: CONDITIONAL USE PERMIT DRC2015-00848 — ROYAL SPA—A request to operate a massage establishment within a 1,395 square foot tenant space located within Planning Area 10 of the Rancho Cucamonga Industrial Area Specific'Plan at the northwest corner of Milliken Avenue and 7th Street at 9090 Milliken Avenue, Suite 130 —APN: 0209-272- 28. 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 as a Class 1 (CEQA Guidelines Section 15301) exemption, which covers existing facilities. RECOMMENDATION: Staff respectfully recommends a continuance of the hearing date for this item to the meeting of December 9, 2015. • Respectfully submitted, Candyce rnett Planning Director CB:DP/Is • Item K —1 NOTICE OF ADJOURNMENT Notice is hereby given that the November 10, 2015 special workshop of the Rancho Cucamonga Planning Commission and special meeting of the Rancho Cucamonga Planning Commission convened in the Tri-Communities Room at 4:30pm and adjourned at 4:35pm to the Council Chambers, 10500 Civic Center Drive and reconvened at 4:45 pm. DATED: November 10, 2015 LoiTS7chrader Planning Commission Secretary Planning Commission Workshop of November 10, 2015 RANCHO CUCAMONGA PLANNING COMMISSION SIGN-IN SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. Len N E A DRESS CITY ITEM 1. 2. (r/ 3. CO- ps X33 c 4. 5. l - O o e_. P<C I 6. \k\N 01\ 7. 8. jj A C_ 9. lo. 71 13. 14. 4eajCAfir• 15. Yo 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. •28. 29. 30. 31. 32. 33. 34. 35. t *QeNo Safe Arbor in the City- latimes �' 1 of 3 The Nation I COLUMN ONE No Safe Arbor in the City :Pares ore•disapi)ewring fivm urban areas-1-lost people don't reulue the sfyrl jicarice(.))'the loss,but one rnun;S f ghtfns ji)r•a.pkwe in the shade. March 08,2004 1 John Balzar I Times Staff Writer Eric Oldar doesn't have to go far to find the alarming evidence.He lifts his sizable 6-foot-s frame out of his office chair,walks 20 paces to the door,steps outside and glumly eyes the culprit:a spindly crape myrtle tree.A whole row of them bordering the Riverside parking lot. Actually,crape myrtles aren't trees.They are shrubs that grow to look something like trees in miniature. And that,in short,is the problem.That is what puts a knot in Oldar's jaw and leaves him muttering:"People want quality lives and communities—they say so. But subtly,all around them,they're losing one of the essentials." Our grand city trees are disappearing. The towering trees that provide us cooling shade and save on air conditioning;the trees that gine roost to birds;the broad-shouldered trees that soak up the heavy rains before they gather into floodwaters;the trees that cleanse our air and muffle the roar of metropolitan life;the great trees that inspire the poet in our battered urban hearts;the trees that soften the sharp corners of crowded living and connect us to the majesty of nature—the trees are going away. In their place:pygmy stands of crape myrtles,or clumps of even smaller bushes.Or just beds of redwood chips scattered atop plastic sheeting to make sure that even weeds don't grow. "We're eliminating trees,"says Oldar with a deep sigh."We're letting them become trivialized;without really paying attention,we're letting them disappear." Oldar is a forester and a pioneer in California's tiny urban forestry program,which is tucked away with firefighters in the state Department of Forestry.He has devoted most of his 27-year career to promoting urban forests,a concept that makes all the sense in the world if we think about it,which,let's agree,not many of us do.How many of us were even aware that Sunday was Arbor Day in California,the day for celebrating and planting trees? In our mind's eye,if not in reality,cities of the United States are made glorious by their trees,and always have been.In the imagination of entrepreneurs,the city groves are a vast,untapped and profitable stock of spectacular hardwoods and softwoods for furniture,floors and home architectural details. In truth,though,our cities are turning from green into gray—at an alarming rate and with surprisingly costly consequences: *According to American Forests,the nation's oldest citizen conservation organization and self-proclaimed"voice of the trees,"the nation's urban areas as defined by the Census Bureau have lost 21%of their tree cover in the last decade.Viewed over longer time spans,the news is even worse.For instance, Washington,a city renowned for its blossoming cherry trees,has sacrificed 6o%of its heavy tree canopy in the last generation. *Even before the recent wildfires,San Diego and surrounding communities had lost 27%of their green canopy in less than 20 years.In an extensive study using satellite imagery,scientists at American Forests calculated that the trend,if unchecked,could cost taxpayers$164 million to manage future storm-water runoff.Added pollution that trees would otherwise absorb could make it more difficult for the region to attain dean-air standards. •A joint study by state and federal forestry agencies determined that California cities have about 177 million trees and 242 million empty planting sites.The potential savings is huge.Three good trees planted around your house can reduce air-conditioning costs 20%or more. *In a project sponsored by NASA,meteorologists determined that clearing trees had made temperatures in Atlanta;to 8 degrees higher than in outlying areas.This has created an urban"heat island"that generates increasingly violent thunderstorms over the city and its suburbs,contributing to flooding. *And the topper:Incalculable millions are spent to process valuable tons of trees as common garbage.According to studies by the U.S.Forest Service and the International Society of Arboriculture,more potentially usable wood fiber is produced in urban areas each year than is harvested from U.S.national forests— much of it sent into an already overburdened waste stream. The numbers grow mind-numbing.Potential energy savings run into the billions of dollars if we would only shade ourselves under more trees—$3.6 billion annually in California alone,according to a study by the U.S.Department of Agriculture.The savings from needless flood control is even greater.And global warming?Trees sequester epic amounts of carbon,which is the culprit in making our atmosphere a heat-trapping greenhouse.In other words,it's not just the size of the car we drive but the number of trees we plant that may shape tomorrow's weather. To visit Oldar's cluttered,to-by-12 office near the 91 Freeway is to tumble down a rabbit hole.The simple logic behind trees in our cities is inarguable;so too are the mindless forces that work against them. That makes Oldar a man of divided spirits.What other do-gooder state bureaucrat can so easily describe a painless,profitable,easily grasped solution fora broad civic problem?This is not poverty or racial prejudice or traffic congestion—troubles that seem to defy our capacity to envision workable solutions.Here, we can all save money and make daily life quieter,more beautiful,indeed more natural,for hardly any effort at all.Oldar s round face seems to light up.He is an unstoppable optimist. http://arti d es.l ati mes,00m/pri nt/2004/mar/08/entertai nmentlet-treesB 11/9/2015 r No Safe A rbor in the City- I ati mes Page 2 of 3 More than 8o years ago,Helen Hoyt put it this way in her poem"Ellis Park": I take your trees,And your breeze,Your greenness,Your cleanness,Some of your shade,some of your sky,Some of your calm as I go by.... But then Oldar outlines the maddening obstacles in the path of shady,greener cities—all of them described in reports,videos,pamphlets,satellite photos and books that he piles up in a tnily scary-large stack almost as high as his desk.Most of these documents contain some version of the old buck-passing excuse:I don't know,I don't care,it's not my responsibility.Oldar sags in his chair with an expression of impossibility on his face,a born-again pessimist. For what it's worth,California is a national leader in the campaign to save city trees.The state's 1978 law on the subject says this:"Trees serve as a vital resource in the urban environment and as an important psychological link with nature for the urban dweller.Trees are a valuable economic asset...play an important role in energy conservation...reduce air pollution...increase property values...attract business...:'And so forth. Here and there—and it's pretty obvious where:Beverly Hills,San Marino,Claremont to name three—individual communities continue to promote and protect their tree-scapes. Other municipalities are awakening.San Diego has undertaken a zo-year replanting program.In the last few years,the city of Los Angeles has begun planting more curbside trees than it cuts down,and just last week announced that a$1-million federal-state transportation grant would be used to plant 3,500 more trees—utilizing crape myrtles only when planting space demands it. "We're planting trees greater than 40 feet whenever possible.It is extremely important for our environment to have a healthy urban forest of large-canopy trees,"says Melinda Bartlett of the Los Angeles Environmental Affairs Department. Elsewhere,though,trees tend to occupy far lower rungs of the municipal priority list,notwithstanding common sense or the law. In Oldar's idealized vision of California's future,the challenge is not quite as simple as planting trees.But almost.It must be the right tree in the proper place —no single-species urban forest monocultures that are prone to attacks like Dutch elm disease or the insect assault that has killed 30,00o eucalyptus trees in Los Angeles in the last 18 months.Plantings need to be spaced out so that entire neighborhoods of trees don't reach maturity and begin to die off at once,as is happening now in post-World War II subdivisions. Municipal leaders and those higher up the governmental organizational chain must update master plans and ordinances to recognize the manifold value of trees,Oldar continues.Governments need to jump-start the budding enterprise of utilizing—and bringing to market—the wondrous woods produced by urban trees as they reach maturity and need to be replaced. One example:Acacia trees by the hundreds,or even thousands,are chopped up and dispatched to California landfills at who-knows-what expense to municipal governments.It is not that different from city councils'hiring crews to"dispose"of underground oil reserves by pumping them into sewers.In Hawaii,by contrast,the sister tree to California's acacia is the imperiled koa,whose wood,increasingly rare,fetches from$17.50 to$so per board foot,which is a chunk of tree smaller than a breadboard,only 12 inches square and 1 inch thick. From a briefcase under his desk,Oldar produces samples of 35 other exotic and valuable woods that are common hereabouts and now burdening landfills instead of being used for furniture,home building or even for fuel to generate energy. Stephen M.Bratkovich,a forester with the U.S.Forest Service in St.Paul,Minn.,has drawn from published studies to calculate that cities produce about 3.8 billion board feet of usable logs each year due to natural mortality,disease,storm blow-downs and development—more wood than harvested from all of the country's 147 million acres of national forestlands. Much of it,probably most,is sent to landfills or turned into low-value products like wood chips.Bratkovich has calculated that if all these logs were sawed into 12-inch-wide boards and laid end to end,they would make 12o round-trip paths from Los Angeles to New York. Hoping to turn the situation around in California,the state now grubstakes entrepreneurs to try their hand at salvaging urban woods.The state Department of Forestry and Fire Protection sponsors an annual four-day Urban Forestry Academy for municipal officials.The state helps support avast website, rvww.ufei.org,that guides consumers and government officials in what kind of trees to plant and,potentially,where the resulting wood can be sold and purchased.Last autumn,the group American Forests urged every city to establish the goal of increasing its tree canopy by 10%. Still,California remains headed down what Oldar calls"an insidious slope":Great shade trees are vanishing,leaving pygmy urban forests and gray-scapes. Why? Oldar rips into the topic with the zeal of a chainsaw:Municipal governments manage trees but have no incentive or requirement to promote energy conservation,storm-water management or pollution abatement.That's the chore of other agencies. On the other hand,local governments are required by law to reduce the volume of waste they send to landfills.They are charged with repairing sidewalks and curbs damaged by tree roots.As a consequence,trees have become a costly nuisance,not an asset to local officials.Who can blame them for the current trend to plant smaller shrubs,like the crape myrtle? As for the potential value of wasted lumber,cities consider this merely theoretical,if they consider it at all.The hidebound lumber distribution system in the U.S.is dominated by giant chain operations that have little interest in sundry lots of variety woods produced in urban forests. Meanwhile,developers,trying to maximize densities,also are planting bushes instead of trees.Ditto homeowners with a mind to expand their houses to the property lines.Thus,the crape myrtle,Lagerstroemia indica,is now the most popular tree in urban California--an idea that strikes Oldar like a thumb in the eye. http://arti d es,l ati mes.com/pri nt/2004/mar/08/ente-tai nment/et-trees8 11/9/2015 N o Safe A rbor i n the Ci ty- I ati mes Page 3 of 3 "I call them crap myrtles,"he grumbles.'"they have their place,but should we get carried away and say this is the only tree?What does that tell us about the future?" Standing outside his office,he surveys the skinny row of 12-foot-tall myrtles."See any signs of birds there?Any nests?"He pivots 18o degrees and looks heavenward to the top of a shapely sycamore,where a large nest is silhouetted against the sky.In the summer,these trees would tell another important story— that the crape myrtles generate hardly enough shade to cover the bonnet of a compact car while one lone sycamore shelters the forestry department offices all afternoon. Added up block by block,the consequences can be startling.In the various studies of tree cover in Atlanta,scientists measured the downtown air temperature at 86 degrees,while comparative surface temperatures were 85 to go degrees in the shade of trees and 127 to 129 in direct sun.In one seven-house development built by Atlanta's Habitat for Humanity,scientists determined that homeowners would save$951 in energy and$268 in storm drainage charges each year if adequate trees were planted and allowed to mature. Meanwhile,Oldar says,municipal and regional park departments are increasingly preoccupied with recreational developments—tennis courts,softball fields, recreation centers and the like,not trees. These days,even homeowners cannot be counted on to keep their neighborhoods green—and the truth is that private citizens shoulder much of the burden as urban foresters.In Los Angeles,the city government owns 1.5 million to 2 million trees,while businesses and homeowners are responsible for perhaps 10 million. And while many citizens are happy to tell pollsters all the virtues of tree-lined streets,in practice a good many favor trees everywhere but on their own property,worried about storm damage or tree roots clogging their pipes or squirrels tangling with their house cats or the mess of leaves in autumn.More and more,they turn over yardwork to gardeners who are untrained in tree care. "I have one of the few homes on my block with any substantial number of trees left,"Oldar sadly concedes about his neighborhood in Ontario. In and climates like Southern California,the fresh water necessary for all types of vegetation is increasingly part of the civic conversation,or should be.In this, trees generally fare well--with malty varieties requiring only about one-third the water of a lawn,and then,in turn,providing shade that conserves soil moisture for other plants. Asked to look ahead,Oldar,the father of two,remains a man divided.It is entirely plausible,he says,for a common-sense turnabout.Once Californians begin to recognize what is happening,it would take only reasonable effort to increase the shade-tree canopy to 25%or 30%of our residential landscape. "That's realistic,and that's what I'd like to see,"he says."What I fear is the mind-set of doing nothing,that people won't appreciate trees generally." In that case,trees may wind up like covered bridges,a quaint part of America's past.Within a generation,perhaps only 6%of our cities will be shaded by trees —with the corresponding reduction in the quality of our lives. "That,"Oldar says quietly,"is what I fear for my kids.They'll wake up in the future and wonder:Where did it all go?" s Copyright 2o15 Los Angeles Times Index by Keyword I Index by Date I Privacy Policy I Terms of Service http://arti G es.I ati mes,com/pri nt/2004/mar/08/ente-tai nment/et-trees8 11/9/2015 CLSA ASSOCIATES, INC. BERKELEY FRESNO PT. RICHMOND J1500 IOWA AVENUE. SUITE 100 951.731.9310 TEL CARLSBAD IRVINE ROCKLIN A I RIVERSIDE. CALIFORNIA 9507 951.751.4177 FAX FORT COLLINS PALM SPRINGS SAN LUIS OBISPO MEMORANDUM DATE: October 30, 2015 revised November 10, 2015 TO: Tabe Van Der Zwaag, City of Rancho Cucamonga FROM: Lynn Calvert-Hayes, LSA Denise Woodard, LSA SUBJECT: Response to California Department of Fish and Wildlife Comments on the Initial Study/Mitigated Negative Declaration Day Creek Marketplace and Residential Project State Clearinghouse No. 2015101018 The following provides responses to comments received from the California Department of Fish and Wildlife(CDFW) in a letter dated October 27,2015, addressed to the City of Rancho Cucamonga (City.) CDFtiV Comment 1. San Bernardino Kangaroo Rat.The project site contains suitable habitat for, and is located within one mile of federally designated critical habitat for San Bernardino kangaroo rat (SBKR),a federally endangered species and California Species of Special Concern. Although the roads, flood control channel, and bike trail surrounding the site present barriers to SBKR movement, the Department does not concur that SBKR can be presumed absent based on the presence of barriers alone. Nor can SBKR be precluded by the level of disturbance on the site: SBKR have been detected in disturbed habitat, including orange groves, former vineyards,and areas containing non-native grasses and other'ruderal'vegetation(Braden and McKernan 2000). Absent a focused trapping survey, the Department recommends that the City consult with the United States Fish and Wildlife Service(Service)prior to initiation of project activities. Response. LSA Biologists Richard Erickson and Leo Simone, who are permitted under LSA's Federal Fish and Wildlife Permit TE-777965-10 (March 22, 2013—March 21, 2017) and CDFW attachment to Scientific Collecting Permit SC-000777 providing Conditions for Research on Listed Mammals(November 27,2012—January 31,2017)determined the habitat on the project site is unsuitable for the San Bernardino kangaroo rat(SBKR). While it is true that the site is within one mile of designated critical habitat for this species, and potentially suitable Riversidean alluvial fan sage scrub(RAFSS)habitat is present on site, the site is isolated and fragmented from existing known SBKR occupied sites. Over the past 15 years LSA has conducted extensive trapping in the project area with no SBKR captures. Extensive development of the surrounding area and channelization of the drainage channel has effectively isolated the project site from known occupied locations, the nearest of which is t 3 miles away. No change in the significance of the impact identified in the Initial Study/Mitigated Negative Declaration would occur. 11/10/15t_�rs'•.f\'at,�c ri`:1ot?Data.l `.1licrn;o'l`\4' '�mpc•r:;rti Internet Filo'(',tient(ltgluik`1 3R iQ� 'I'I(t'1�' , I5\icm,,to . Rancho('uam.,nea re CD17W!Sti1�b I I _ _ �I.'t� c,I �ItIQ I(ani 1?...1..::1e!F!t•t?,.3..1 .(:1:){".1 V..1. \{.�{:)(_F•tTiii?t{H.:dvi) rtnai:+.�:.F{:..:{i...;ti.1..}.t�;.r.l..�._.{t.I...� ..;\j. ....:) L`"T��lil C-G LSA ASSOCIATES. INC. CDFW Comment 2. Sensitive Species.The Biological Resources Assessment (BRA) identifies the following special-status species as potentially occurring on-site: coast horned lizard(Phrynosoma blainvillii), northwestern San Diego pocket mouse(Chaetodipus fallax fallax), San Diego desert woodrat(Neotoma lepida intermedia), Parry's spineflower(Chorizanthe parryi var.parryi),and mesa horkelia(Horkelia citneata var.pubenda).As the BRA notes,"these species have a limited population distribution in southern California,and development is reducing their ranges and numbers further." The BRA states that"due to the small size of the proposed project site,existing disturbances,and proximity to surrounding development, impacts to these sensitive species are not considered significant." However, the Mitigated Negative Declaration(MND)does not include survey data indicating whether any of the above-listed species occur on-site, an analysis of the number of individuals expected to occupy the site,or an estimation of the regional population of the species. Please clarify what the impacts to the above-listed species are expected to be,and provide a thorough and detailed mitigation proposal to offset the temporal, permanent,and cumulative impacts. Response. LSA maintains that the habitat on site is considered to be of low value for the subject species because the site is small in size, and degraded by, and isolated from,other similar habitats in the region as a result of extensive surrounding development.The habitat conditions on site may support a few individuals of these species,but would not support their long term,continued existence. During field surveys,none of the species cited by the CDFW were identified within the project limits (Biological Resources Assessment,Appendix A: List of Plant and Wildlife Species Observed.) In most cases it is not standard practice to estimate specific numbers of individuals of lower level special-status species in CEQA documents. Such estimates are sometimes, but not always made for listed or endangered species,or some plant populations where it is practical to generate that information. Furthermore, it is not necessary or particularly helpful to provide such detailed information to decision makers in cases such as this one. The description provided in this case is considered adequate. Existing and developing regional habitat conservation plans including the Upper Santa Ana River Wash Habitat Conservation Plan,North Fontana Interim MSHCP Policy and other local conservation and preservation plans(e.g.,City of Rancho Cucamonga General Plan)are designed for the long-term conservation of these and other species associated with viable RASS habitat. . No change in the significance of the impact identified in the Initial Study/Mitigated Negative Declaration would occur. CDFW Comment 3. Impacts to Sensitive Natural Communities. The Biological Resources section of the Initial Study(IS)checklist indicates that there will be"no impact" on"riparian habitat or other sensitive natural community identified in local or other regional plans, policies,or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service".This is incorrect: the project site supports Riversidean alluvial fan sage scrub (RAFSS),a state designated S-1.1 "very threatened" community. Page 5 of the BRA states that "because(the on-site RAFSS) is disturbed and isolated from larger blocks of habitat, the loss of 10 acres of(RAFSS) is not considered substantial."The Department does not concur with this conclusion, and considers net loss of this 11/10/15(C:'AJ::ers l' 'an�err.',:\ot<DaI�_L.,;cal'•�lierosoli\1•'indo.�c•.fem{craiti InIennet Filey%conIenl(Aa1ookT-4R.•\05V:r•.10 xi 201,;rwise.l I I IirL I \tem>io Rancho Cucam.mra re l' )FW IS�IN[)Cranmcnts.docR=-I::{:V�.}.{a_:..E3Ki Rc .anx te- :•+trt+art: -�i}4,1..2"1.5..fe,-se1...��1.4> f;:i+x:n.:..l_:,.r�a+��r.-+t��r re.(=1){.'.\t,...{•5�t�{.�.t�i.+::+:+e��i•;:<':.wc) LSA ASSOCIA'rES. INC. imperiled habitat to be adverse and significant. We recommend that the MND be revised to include a thorough and detailed analysis of the temporal,permanent, and cumulative impacts to RAFSS habitat. The Department considers sensitive plant communities to be imperiled habitats having both local and regional significance. Plant communities,alliances,and associations with a statewide ranking of S-1, S-2, S-3, and S4 should be considered sensitive and declining at the local and regional level.These ranks can be obtained by querying the CNDDB and are included in The Manual of California Vegetation(Sawyer et al.2009). The Department strongly encourages the City and the project applicant to avoid and conserve the on- site RAFSS habitat to the greatest extent feasible. If complete avoidance is not possible,the Department recommends that the City revise the MND to include a thorough and detailed mitigation proposal to address the temporal, permanent,and cumulative impacts. Response.The plants species occurring on the proposed project site are not intrinsically rare or valuable. RAFSS habitat in a more natural setting is often considered sensitive because of its dynamic nature(on active alluvial fans),plant and animal species diversity,and the fact that it can be habitat for rare or endangered species and healthy populations of other special-status species. As detailed in the response above,the RAFSS habitat on site is degraded and not considered suitable for the long term preservation of the non-listed sensitive species discussed in the response to Comment 2 above. In addition,the listed Californian gnatcatcher was found to be absent, and the habitat is considered unsuitable for the listed San Bernardino kangaroo rat as discussed in the response to Comment 1 above. Again, the RAFSS habitat is isolated from other RAFSS habitat in the region by extensive development. Preservation of this habitat would not contribute to the conservation effort of larger blocks of this habitat in the region.The loss of the RAFSS habitat on site will result in an incremental loss of habitat in the region,but is not considered cumulatively significant when considered in the context of the larger scale conservation efforts described Response to Comment 2. No change in the significance of the impact identified in the Initial Study/Mitigated Negative Declaration would occur. CDFW Comment 4. Impacts to Streambed Habitat. Page 3 of the BRA characterizes the on-site ephemeral stream as "a drainage ditch created by roadside runoff,"and states that it "does not contain CDFW riparian habitat and is not considered a natural waterway regulated by CDFW."The Department does not concur with this statement. Based on a review of aerial photography, and the photographs supplied in Figure 4A of the BRA, it is likely that the project applicant will need to notify the Department per Fish and Game Code Section 1602. Fish and Game Code section 1602 requires an entity to notify the Department prior to commencing any activity that may do one or more of the following: Substantially divert or obstruct the natural flow of any river, stream or lake; Substantially change or use any material from the bed, channel or bank of any river, stream, or lake; or Deposit debris, waste or other materials that could pass into any river,stream or lake. Please note that"any river,stream or lake" includes those that are episodic(i.e., those that are dry for periods of time)as well as those that are perennial(i.e.,those that flow year round). This includes ephemeral streams, desert washes,and watercourses with a subsurface flow. It may also apply to work undertaken within the flood plain of a body of water. 11/10/15( �r;.TVand�rc•��l+D�t1l cal�1wro;oYt'Winc!o. ;,T�mn;raly Irtcrnot Fi!��'•.G;nunL('utluuk`.f.:1R-10i1-!'.IU a) 1I_ _ _ L rc ked I I I I i L1cr^,,I,t[2.iiicht C:+ic�in,:n•:i re("I')l�N'15�1tiC)(tinir,�n!,+rn:It:;'E:[.,;.�t.F.1l,_.:..[�ic��R�:;.a>r:ya.k..[::�..ttttt?iyiis:.};�-_:!)._'UES t'C1-i5c[..[..}...[.4�...[..i. . [:itltcAr{-:t1�v!??FF?Wiird F,:.[){'di--Iti1,{.\j{).L:c tT?i??Evt?i:i[tk) 1{cRii'i 1 LSA ASSOCIAIES. INC. Upon receipt of a complete notification,the Department determines if the proposed project activities may substantially adversely affect existing fish and wildlife resources and whether a Lake and Streambed Alteration(LSA)Agreement is required. An LSA Agreement includes measures necessary to protect existing fish and wildlife resources. CDFW may suggest ways to modify your project that would eliminate or reduce harmful impacts to fish and wildlife resources. The Department's issuance of an LSA Agreement is a"project" subject to CEQA(see Pub. Resources Code 21065).To facilitate issuance of an LSA Agreement, if necessary,the MND should fully identify the potential impacts to the lake, stream, or riparian resources, and provide adequate avoidance,mitigation,and monitoring and reporting commitments. Early consultation with the Department is recommended, since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources.To obtain a Lake or Streambed Alteration notification package,please go to https://www.wildlife.ca.gov/Conservation/LSA/Forms. Response: It must be noted the creation of the stated drainage is the result of prior off-site construction. The CDFW based its determination of the"likely"nature of the on-site drainage on a review of aerial and site photographs.The evaluation of the drainage identified in the BRA was based on several field observations. As stated in the BRA: An isolated ephemeral drainage feature exists on the site. It originates at a 24-inch diameter concrete culvert approximately 6 feet south of the sidewalk on the west end of Firehouse Court. It appears that roadside runofffrom Firehouse Court enters a curbside storm drain that diverts flow onto the project site via the 24-inch diameter concrete culvert. The roadside runoff draining onto the site eventually sheet flows onto the southeasterly portion of'the site. The flows do not leave the site, and do not connect to any downstream waters. The subject drainage feature is considered to be a drainage ditch created by roadside runoff. This type of drainage ditch is generally not considered jurisdictional under the CWA because it excavated in and drains only uplands, and does not carry a relatively permanent flow of water. Additionally, this drainage feature does not contain CDFW riparian habitat ... Due to the limited extent of the drainage, absence of connectivity with other features,absence of riparian vegetation,and limited flows, it is the consultant's opinion the effects on this feature would not be significant. CDFW Comment 5.Nesting Birds. Mitigation Measure 1 states that a breeding bird survey shall be required to determine whether nesting is occurring"ten days prior to ground clearing activities".The Department recommends that the City revise Mitigation Measure 1 to require nesting bird surveys to occur no more than three(3)days prior to vegetation removal or ground-disturbing activities, as many species of birds may complete nest building in fewer than ten days. Page 18 of the IS identifies the avian nesting season as February 1 through August 31. However, some species of raptors may commence nesting as early as January 1, while some passerines may continue to nest after August 31.Therefore, the Department recommends that nesting bird surveys occur regardless of the time of year. Response.The project will require nesting bird surveys within 3 days prior to vegetation removal or ground clearing activities between January 1 and August 31, as recommended. 11/10/15(C':'.Ulmer; f't"anderz'•:lpvpata•l cu l`til icro,oll'Wincou�,.renyolar:I,lernoFiles`.conicni.outtonk'd:4RAQJVf'•101070i;rovisei.l II Ii I5I \Irmo t.,RanchoC'ucam�,nuareer)fib' C'nmm nt;.d,)CIt:. {41-1.1:. .ACl2r. nsr..1.E•. 'r•1tr;trrH :.IG-7+-_.u.t.j..r'e{::Gail.{...t.I...l_�-�fe!n:rE� lzan.:.h... (Aicarw:rtea re(-'r)}.;,V 1-tir1}Nlo(-r•rrlrnrr:t:i:d,)C) I LSA ASSO(IATES, I\,C. It is recommended that Mitigation Measure 1 be revised as follows: 1) Three days prior to the removal of vegetation or ground-disturbing activities,a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either(a)the adult birds have not begun egg-laying or incubation; or(b)the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non-raptor nests, and within 5,000 feet of raptor nests,during the breeding season to avoid abandonment of young. It is recommended that third bullet of Mitigation 2 be revised as follows: • If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist.The temporary"no construction"area shall be maintained until the nest has completed its cycle,as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest,construction in the area may resume. The modification of the stated mitigation will not alter the significance finding identified in the Initial Study/Mitigated Negative Declaration. 11110115(l':1L';er;tT\'a;deiz`-�rt•f)ata':I;cul tilicr�,nR`:\virc! 7 :ml orate Imcrnet f il�,(:•nicht(1)tluok`P lR-1(";b I'I(;10'10 1 t i c I I I i I I i\lama i,)Rancho C:uca n•,ng1 re('f)f fib'I1%IVf) -- _ mmrnLi.dO�:Rs•l:L.�.—u._I:S,c.- .t., a .. :a:>ter-�:.ko�n�+rgt�-re-l'.F){::�4-4-5�{.�{}�',:•r>trneYa;�:d�a) C� Nakamura, Jennifer From: Wilson Jr,Thomas D. <TDWilson@lasd.org> Sent: Monday, November 09, 2015 6:16 AM To: Nakamura,Jennifer Subject: Boonsee Thai Massage Dear Jennifer, I just want to take a moment and show my support for this business who is seeking to continue doing business in the City of Rancho Cucamonga. My wife,Sandra,and I have been clients for over a year. We have been members of Massage Envy and have also tried other massage parlors within the city. None come close to Boonsee. They are very professional,the facility is immaculate and are extremely good at what they do. Even my son,who thought massage was stupid, misses them badly. We have recommended them to several friends and they too are upset that the business was shut down. Please allow them to continue doing business in the area. They are much missed. Please feel free to contact us regarding this business. Thomas D. Wilson Jr, Sergeant Industry Sheriff's Youth Activities League 626-934-3070 office 626-664-3051 cell tdwilson -lasd.org "Evil is powerless if the good are unafraid!" President Ronald Reagan i fr'r • JiP1 E ----- Planning Commission Meeting November 10, 2015 General Plan Amendment DRC2015-00388 Victoria Community Plan Amendment DRC2015-00390 Tentative Tract Map SUBTPM19637 Design Review D RC2015-00386 Conditional Use Permit DRC2015-00387 C 6 ! ° ` J LO .. • Proilect Proposal ➢ A request to construct a 100, 135 square foot multi-tenant retail center on 10.94 acres of land located on the northwest corner of Day Creek Boulevard and Base Line Road ➢ A request to change the General Plan Land Use designation from Low Medium (LM) Residential to Neighborhood Commercial (NC) ➢ A request to change the Victoria Community Plan Zoning designation for the 10.94 acre project site from Medium Residential (M) to Village Commercial and change 4 acres north of the project site to Low Medium (LM) Residential ➢ A request for a Conditional Use Permit to operate a shopping center ➢ A request for a Tentative Parcel Map to subdivide 10.08 acres of the project site into 6 lots I ' r �1%� • er r lft7 E I Y II t 5T. W Q V' CO U _ k o _ LL 0 ti e p . ■ u I I. revY#} J'^"b IPI°xd go w41 e- 41 w #' _ A r 711711gi f) i l • l� �� �� / /I y t ,ail +"Ir, ; \ r . i� r e I • �\' �!1 s - 10 I IR a + a U v 1 s .1 u . N I ) 1 f z u n 4 s s P I 2 1 u s IL "s+ ' at o+ F}> 9� S+. c3•� t� 1 2 t b rt 4� 4 f # �It � ,j•a � "p T tf }R i 4 9 j T . . � . . . e . . :. �� . / �� �» \ \ SHOPS• , fy ... yt, r v "''VVVV J 0 a tt Parking Calculation Parking Ratio Tenant Area Required Parking Provided Parking 5 per 1 ,000 square feet 100,135 square feet 501 spaces 506 spaces Design Review Committee • Recommended approval of the project with the requirement that additional embellishments be added that emphasize the City's wine making heritage f I � ti � . Jh Mo i � ' 8095 • \ I r k - a _ ~ CONCEPTUAL LANDSCAPE PLAN DAY CREEK MARKETPLACE Lewis Reted Centem RANCHO CUCAMONGA. CA. "M'"" L`Wl�p M�p- R_ � ; T+��L K vx * !� 3 Y h +, 1 � /� I � E. E� v _ ;. `p � � � � "ems. . ��� '� R tiF".rr J�:y uR.w L'N:p� 5... w _ � .z�_: �" w�„ _ . ct:i x �r�'o� RANCHO CUCAMONGA HISTORICAL ' x R ; HIPPARD WINERIES VINEYAHRDS RAN - MARKETPLACE _.. DAY CREEK ; EST. t ss ' -- ELLENA / REGINA.V1[INERY---- (FILIPPI WINERY) fI EST. 1937 I CUCAMONGA RANCHO WINERY I ( i A GOMPANELLA. (THOMAS VINEYARD CO. WINERY) ",GARRET & CO. WINERY ETI VISTGUIDERA a DICARLO EST. 1839 I VINEYARD LANDS (VIRGINIA DARE WINERY) WINERY --- ! EST. 19101920 EST. 1933 EST. 1930s s" — .._._.____....,,....... .:. .^......., ...�.,...___ t �� e..�.,..,, .,...., AGGAZZCX_1,W_IN^ERY. EST. 1 I , 1 CUCAMONGA PIONEER WINERY Esr. 1905 161 ETI WAN DA GRAPE PRODUCTS i COMPANY SITE i I" EST. 1910s A TRIBUTE TO THE RICH HISTORY OF WINE MAKING IN RANCHO CUCAMONGA ELLENA/REGINA WINERY (FILIPPI WINERY) HIPPARD RANCHO This winery is one VINEYARDS ont of five still surviving.Winery Purchased m 1891 =L Winery Jona B. from the Chafley GRAPEEyiWADA Bllmafo�used his 1 brothers for GRAPE PRDDVC'i'B effarn on producing 1 Samuel M.Hrppazd, COMPANY SITE wwe vinegaz,a� but be did no[five - the Aegiaa Grape w see iL His son Owned by the PrnR- Co.was C Camil v ETIV IBTA WINERY CGeorrgg¢later buil[ Y. the nation's wim.le.dfin, Hippazd Aaneh the complea had Stared by a trio producer of wine oa the parcel. wnnela wh d of relattd family vinegar. m®bem,rhe small wine malting wok G opecatbn slopped place durw; is yearly vinmge j IPrombition. w the Fant Cour i 1889 1882 1908 1910 1910.1920 1930 1933 1937 1938 1 GARRET Be CO. ..a WINERY 4 a (VIRGINIA DARE WINERY) �e/�� ftho PIONEER WI �•. winery wu iaspw d PIONEER WINERY CAMPANELLA. byme Musson lm Be as the GVIDERA. AND Risrocaid=Elf CUCAMONGA California[Cine DICARLO VINEYARD 6m7t by John RANCHO WINERY Ass.d.Winery LANDS M.F-rwtand AGGAZZOTTI (fHOM G VINEYARD m 1905,whsch M.)? _ WINERY CoaapA WINERY) ad_..uceretl wtsteriea This property ryas across the state.The sealed by Italian In 1938,Dr.Carlo 0"emia a oldest winery avas used w famiifes,ud dirig M.AZ;aaaom built winery.Hunt some procegrapes from the Dicarlo,3chtm, the winery with a time after March 9, local grss owers. Campanetla,mtena, laboratory in the 1839 by Tuberco Tapia. Columbero,and basement for wwe Construeu.began Gufdera Familm analysis S production whin Governor Juan I who participated in ."I for various B.Ala lido Named a wide range of growers and Rancho de Cucamonga wine making botders. w Tapia. activities. GARRET & CO . WINERY (VIRGINIA DARE WINERY) 10470 FOOTHILL BLVD. RANCHO CUCAMONGA, CA BUILT' 1933 �r h The design of the winery was in- spired by the Mission Inn in River- side and built by John Klusman and M.E. Post in 1910. From 1912 to 1962, Garrett and Company pro- , ` duced wine, except during Prohibi- tion, at which time Virginia Dare grape concentrate was produced. Only the grape crusher building and the tower portion are original and stand among the commercial and retail-office buildings of the complex. Fav General Plan Existing �o—� General Plan Proposed - LOW MEDIUM RESIDENTIAL(4.8 dulac) I � LOW MEDIUM RESIDENTIAL(4•8 dulac) FLOOD CONTROL(FC) FLOOD CONTROL(FC) UTILITY CORRIDOR(U C) ®� UTILITY CORRIDOR IUC) ®� Project Site Project Site NEIGHBORHOOD COMMERCIAL(NC) LOW MEDIUM RESIDENTIAL(4-8 dulac) VON OPEN SPACE(OS) �/1 OPEN SPACE(OS) MIXED'USE(MU) ( ;MED USE(MU) REGIONAL RELATED OFFICE/COMMERCIAL RROIC REGIONAL RELATED OFFICE/COMMERCIAL RRO11 ( ) Victoria Community Plan Existing J A , Victoria Community Plan Proposed mmuniry Facility Community,Facility, / LOW MEDIUM RESIDENTIAL(4.8 dulac i FLOODCONTROL(fC) ' FLOOD CONTROL(FC) MEDIUM RESIDENTIAL(48'dulac) now n �, UTILITY DOR((UC) ( �� UTILITY CGRRIDGR� UC) Project Site Project Site II VILLAGE COMMERCIAL(VC) MIYY No rA D•SPACE(DS) y l���/ /MIXED'USE(MU!!� MIXED USE'(MU) OPEN SPACE(OS) REGIDNALRELATEDDFfICECDMMERCIAL(RRDIC) f f REGIONAL RELATED OFFICEICOMMERCIAL(RRDIC / �, C LU C� tom`_. O f G r _- - rxecom mend aflons Staff recommends that the Planning Commission take the following actions: 1 ) Approve Design Review DRC2015-00386, CUP DRC2015-00387 and Tentative Parcel Map SUBTPM19637 through adoption of the attached Resolutions 2) Recommend City Council approve General Plan Amendment DRC2015-00388 and Victoria Community Plan Amendment DRC2015-00390 through adoption of the attached Resolutions and adopt the Mitigated Negative Declaration of environmental impacts for the project i Planning Commission RmNCHO UCAMONCIA November 10, 2015 L A t. I L Applicant Kochaporn Condit, owner of Boonsee Thai Massage Project Description CONDITIONAL USE PERMIT DRC2015-00886 - BOONSEE THAI MASSAGE - A request to operate a massage establishment within a 834 square foot tenant space located at the northeast corner of Milliken Avenue and Kenyon Way within the Village Commercial (VC) District of the Victoria Community Plan at 11338 Kenyon Way, Unit B • • L• � p LANCHOi a , W { a Ft RNIA 210 t ►� ter Sunrise Li r- a ' ��nYo , r r Background CHO CON ALEFOLA • SB 731 (2008): Preempted most local land use, zoning and operational regulations provided that massage establishments and practitioners were certified by the California Massage Therapy Council. • Development Code Update (2012): Massage establishments were permitted "by-right" in all commercial zones, as well as the Industrial Park and General Industrial zoning districts. • AB 1147 (September 18, 2014): Amended the State's current massage therapy laws to expand local authority to adopt zoning regulations, and other reasonable health and safety requirements for massage establishments and practitioners. • Ordinance 872-A (January 1 , 2015): The City Council enacted an interim ordinance that now requires a City-issued Conditional Use Permit for new establishments. Approving Authority CHO nLIFoRrrM • Per Chapter 17.16 of the Development Code, the Planning Director is authorized to administratively review and decide all Conditional Use Permits. • Pursuant to Section 17.14.060.0 of the Development Code, the Planning Director may at any point in the application review process, transfer decision making authority to the Planning Commission at her discretion. • At this time the Planning Director is referring Conditional Use Permit applications for massage establishments to the Planning Commission for review and action. 4 Business Specifics Rio UKAMO GA • In August 2015, Boonsee Thai Massage applied for a Conditional Use Permit. • Subject suite is 834 square feet in size. • Exclusively offers massage services. • Proposes to be open 7 days a week from 10:00 a.m. to 9:00 p.m. • There will be 3 massage technicians and 1 receptionist on site. • The submitted floor plan indicates there is a reception area, 5 treatment rooms, restroom, storage and an employee break room. Floor Plan r CAM G �I. NCM''N}J \� ,ICI R•3fR]SY,� '' Hµl:yuv T' 7) 7pJ:N s 7 idY 2�U w4: n NT.ral li I,r rT'1 - �. ge.'kV] of O •�� IE :t WaYlPt Irl I`> k v:,7.r,u rccr .n. :1 UNIT 'B• FLOOR PLAN A8-BUILT 6'74 I+Ff:1 lu Sr October 8, 2015 Site Inspection CHO �rearIortGA, n11FoRn,In: • Planning Department, Building and Safety Department and Rancho Cucamonga Police Department. • Building and Safety staff noted multiple unpermitted improvements. • Condition of Approval # 3 prevents occupancy until all unpermitted improvements are permitted. f Conditions of Approval CHO DCAMIONGA ALWORNIA • (Condition #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. • (Condition #6) The business shall remain in compliance with all State, County, and Local regulations, including the conditions of the Conditional Use Permit at all times. If the operation of the facility does not remain in compliance with the conditions of approval, the Conditional Use Permit may be reviewed by the Planning Commission for possible modification of the conditions of approval, suspension or the revocation of the Conditional Use Permit. i Public Notification CHO UCONG ALEFORNIA • Public notification was sent out to surrounding property owners on October 27, 2015. • The site was posted on October 28, 2015. • Notice of public hearing for this project was published in the Inland Valley Daily Bulletin on October 29, 2015. • Staff has received one email in support of this business. Noll Environmental Determination and �2INCHQ Staff Recommendation UCApMONGA �nt.IFoxNM Environmental Determination — The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301 — Existing Facilities — which covers interior alterations to existing structures. Staff Recommendation - Approval of Conditional Use Permit DRC2015-00886 by adoption of the attached Resolution of Approval with conditions. Planning Commission i UMO �� November 10, 2015 ALWORNIX Applicant Yong Ying Shi, owner of Orchid Beauty Day Spa Project Description CONDITIONAL USE PERMIT DRC2015-00613 - ORCHID BEAUTY DAY SPA - A request to operate a massage establishment within a 1 ,448 square foot tenant space located on Foothill Boulevard east of Vineyard Avenue within the Community Commercial (CC) zoning district of the Foothill Boulevard Overlay District located at 9000 Foothill Boulevard, Suite 104. 2 99 1 Au I _ r 0104d IBIPGV r Background ......... --- ECHO x CAMaN • SB 731 (2008): Preempted most local land use, zoning and operational regulations provided that massage establishments and practitioners were certified by the California Massage Therapy Council. • Development Code Update (2012): Massage establishments were permitted "by-right" in all commercial zones, as well as the Industrial Park and General Industrial zoning districts. • AB 1147 (September 18, 2014): Amended the State's current massage therapy laws to expand local authority to adopt zoning regulations, and other reasonable health and safety requirements for massage establishments and practitioners. • Ordinance 872-A (January 1 , 2015): The City Council enacted an interim ordinance that now requires a City-issued Conditional Use Permit for new establishments. Approving Authority C -'10 i U41 MCA • Per Chapter 17.16 of the Development Code, the Planning Director is authorized to administratively review and decide all Conditional Use Permits. • Pursuant to Section 17.14.060.0 of the Development Code, the Planning Director may at any point in the application review process, transfer decision making authority to the Planning Commission at her discretion. • At this time the Planning Director is referring Conditional Use Permit applications for massage establishments to the Planning Commission for review and action. ' Business Specifics CHO WONGA ALIFO U • In June 2015, Orchid Beauty Day Spa applied for a business license, which triggered the requirement for a Conditional Use Permit. • Subject suite is 1 ,447 square feet in size. • Offers facial, massage, nail, waxing and body wrap services. • Proposes to be open 7 days a week from 10:00 a.m. to 9:00 p.m. • There will be a total of 3 employees onsite at each shift. • The unit is currently improved with 7 enclosed therapy rooms, break room, restroom and a reception area T Floor Plan ANCHO GNGiA AL IWORNIA V4 r' r7l F-Gl ! ED P., rs i VO 14-9 FTA 81- it .a !14 fit p4.:FL.om PLM4 e T July 21 , 2015 Site Inspection HO CAMONGA NIA AUTOR • Planning Department, Fire District and Rancho Cucamonga Police Department. • Fire District staff noted multiple unpermitted improvements and safety violations. • Staff met with the applicant to ensure corrective action. • As of October 5, all violations have been corrected. i Conditions of Approval AECHO UCAMONGA ALIFORININ • (Condition #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. • (Condition #6) The business shall remain in compliance with all State, County, and Local regulations, including the conditions of the Conditional Use Permit at all times. If the operation of the facility does not remain in compliance with the conditions of approval, the Conditional Use Permit may be reviewed by the Planning Commission for possible modification of the conditions of approval, suspension or the revocation of the Conditional Use Permit. Public Notification R A-NCHOt vaNcA CALIFORNIA • Public notification was sent out to surrounding property owners on October 27, 2015. • The site was posted on October 28, 2015. • Notice of public hearing for this project was published in the Inland Valley Daily Bulletin on October 29, 2015. • Staff has not received any comments or concerns. T Environmental Determination and f : Staff Recommendation UCA -ALIFORNIA Environmental Determination — The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301 — Existing Facilities — which covers interior alterations to existing structures. Staff Recommendation - Approval of Conditional Use Permit DRC2015-00613 by adoption of the attached Resolution of Approval with conditions. 4 t Planning Commission SOI , MAMONGANovember 10, 2015 ALWORNU Applicant Dan Lin, owner of V Spa Project Description Conditional Use Permit DRC2015-00806 - A request to operate a massage establishment within a 1 ,020 square foot tenant space in the Neighborhood Commercial (NC) District located at the northeast corner of Base Line Road and Carnelian Street at 8800 Base Line Road, Unit C. T S S t — 'soft F W k fa CD • I&EUIS U211E)UJLD r4 t Background A R CHO UCAMONGA IFORN • SB 731 (2008): Preempted most local land use, zoning and operational regulations provided that massage establishments and practitioners were certified by the California Massage Therapy Council. • Development Code Update (2012 : Massage establishments were permitted "by-right" in all commercial zones, as well as the Industrial Park and General Industrial zoning districts. • AB 1147 (September 18, 2014): Amended the State's current massage therapy laws to expand local authority to adopt zoning regulations, and other reasonable health and safety requirements for massage establishments and practitioners. • Ordinance 872-A (January 1 , 2015): The City Council enacted an interim ordinance that now requires a City-issued Conditional Use Permit for new establishments. i Approving Authority i HO UON . ALIFORNTA- Per Chapter 17. 16 of the Development Code, the Planning Director is authorized to administratively review and decide all Conditional Use Permits. • Pursuant to Section 17.14.060.0 of the Development Code, the Planning Director may at any point in the application review process, transfer decision making authority to the Planning Commission at her discretion. • At this time the Planning Director is referring Conditional Use Permit applications for massage establishments to the Planning Commission for review and action. Business Specifics RANCHO � CAMONGA ALIFO • In October 2015, V Spa applied for a business license, which triggered the requirement for a Conditional Use Permit. • Subject suite is 1 ,020 square feet in size. • Proposes to be open 7 days a week from 10:00 a.m. to 10:00 p.m. • There will be a total of 2 massage technicians and 1 receptionist onsite at all times. • The floor plan that was submitted with the application shows a total of 3 enclosed massage rooms, 1 open room with 4 massage chairs and a service/receptionist counter, 1 restroom, and 2 equipment and storage rooms. oor Plan �idlC ,V O pa atom , 48' a j iMa'Y^Fj' l { •-vim"�E�% WDA ���Lo IvI�,fJt�� �' l a x�•. ... al MAS$A&ve.MD 10. 11 ASSOC QED. V 7 I sT"+a'E EXHIBIT C Item J-B September 21 , 2015 Site Inspection R . CO ON ALEFORNIA tip} • Planning Department, Building and Safety Department, Fire District and Rancho Cucamonga Police Department. • Building and Safety staff verified multiple unpermitted improvements. • Fire District also noted numerous safety violations. • To correct these issues, staff has included a condition of approval.. . 4 Conditions of Approval r,' 1 r�e .HO 1 U ON it fir,. ... i ALIFORNM I' .I • (Condition #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. • (Condition #6) The business shall remain in compliance with all State, County, and Local regulations, including the conditions of the Conditional Use Permit at all times. If the operation of the facility does not remain in compliance with the conditions of approval, the Conditional Use Permit may be reviewed by the Planning Commission for possible modification of the conditions of approval, suspension or the revocation of the Conditional Use Permit. i Public Notification : CH . . R UCAM:aGA i ALIFORNIA • Public notification was sent out to surrounding property owners on October 27, 2015. • The site was posted on October 28, 2015. • Notice of public hearing for this project was published in the Inland Valley Daily Bulletin on October 29, 2015. • Staff has not received any comments or concerns. Environmental Determination and CHO Staff Recommendation UE'.Alt�flhtGA, ell.E6'ORN[A Environmental Determination — The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301 — Existing Facilities — which covers interior alterations to existing structures. Staff Recommendation - Approval of Conditional Use Permit DRC2015-00806 by adoption of the attached Resolution of Approval with conditions. Planning Commission RwcH.o� Workshop �aLUoRvrA r November 10, 2015 A workshop to discuss a proposal to amend the Rancho Cucamonga Industrial Area Specific Plan (IABP) Subarea 18 Specific Plan in order to allow a mixed use project on a property currently developed with the Empire Lakes Golf Course, a private facility located north of 4t" Street, west of Milliken Avenue, east of Cleveland Avenue, and south of 8th Street and the BNSF/Metrolink rail line. 0 -- --- -- i Purpose of the R ANCHO Worksho IFQR p • An opportunity for the Planning Commission and public to review the proposed amendment of the Empires Lakes Specific Plan to allow the reuse of the golf course as a mixed use project. • The amendment (inc. associated amendments to the General Plan and Development Code) will be scheduled for public hearings at a future date. At that time, public testimony will be taken and consideration of the amendments will occur. i . ,Haven Avenu W v i Toronto Avenue _ X Cleveland Avenue'.• m � � 4a n G� I tp 16 k h - e5$� Pittsburgh'Avenue I �• ' k e a i a � t �ajkow �NSFIMetrolink,Rail,Line ' Ai a`' �+ d } d i Empire Lakes L ` � �.. .._..®� -Acacia Sheet Golf Course k, a+ *71 th Qt - ' - } 4 iC µ $ ,5' :.. --•: lYgy' ,-'I 1i w ` _ l.. .-.� '3"w1...k`>.s. 6th Street 6th Street , a3 s 7 — r — - Q Empire,Lakes _ '... e � .•---� � �` ��} ,� Golf Course ',t; �;,� ,� � ��, � , i d fi ,moi Io l t6� w t J f k i •. ^•. 4th Street - 4th Street I 1500 feet - -,"BNSF/Metrolink Rail Line r { } jand = Metrolink St ation Industrial OfficesEmpire.Lakescacia Street` `' ', Gdif Cours ,7thJStreetLogistic ' 160 acres ManufacturingAUL - T Multi-Family _ Apartment ti - . Complex �: t 6th Street 5100 feet 1800 feet 6th Street >' ii.a - 1y E,41 e � _ � i S T . c Empire c y _ GQIf Qurse Industrial Offices 'a- w— o .. aApartment Complex - b - . ham+ 4th Street �� -- _ - - 4th Street r 440 feet M'IqREmpire Lakes Specific Plan RA;NcHO Amendment ;UC'.AMONGA CALIFORNU The applicant proposes to amend the Specific Plan in order allow the "redevelopment" of the golf course with a mixed use project. 1 ) Revise/delete existing text and graphics in the Specific Plan ; 2) Re-designate Planning Area IA/IB , and part of Planning Area III as Planning Area 1 ( PA1 ); 3) Incorporate design/technical standards and guidelines for development within Planning Area 1 T _ Empire Lakes Specific Plan RANCHO UCAMONGA Amendment CA IFORNU The applicant proposes a project (" Empire Lakes") that will be comprised of a combination of high density residential , commercial , and office uses in an "urban" setting . The physical arrangement of Empire Lakes is intended to reduce reliance on automobiles, and encourage walking , bicycling , and use of mass transit including the Metrolink Station immediately adjacent to it. ' BNSF/PJ7etrolink Rail Line rtmeCrollnkSa�ardino r I Line 'f . Pocl�r_.ParVc i e. , •, V rn riri.l k • ^ a d , Q sadMllt - � O Kuaa„1 Km t , ��}t sAcacia `Street . ,` ..�. 7 h'-S _ t treat` , �. QL North ,an �� WK Urban Plaza 6th Street - .- a ith Street SouuhsG !'. C ,,A•. iw+..Ya �t{F1 £flisa c _r w ..mK .e i� fia b�,ay ? w6 7 rLM p y a e - vy r ��Y YaY ! I-.- �•. � �: — Lir�. — �A _ i. -.:in ria•= '.: .�ii.GG-.-- y_ca " : . .... ._- ,� b1 -IU.(W) - +r r`1 a qac y• :~ T . uu i th Street3 � „a 4th Street - #r k 3rd Place Space 3rd Place Plaza Space Plaza Is Grand Paseo Grand Paseo I Residential or Residential or Mixed Use Overlay Moved Use Overlay Developmenu , Development Tree Well BU Bikee Lane Lune \ F 3rd Place Gathering Private Patio Space 3rd Place L Pedestrian Gathering Circulation Space Path r. Pedestrian p Circulation Path ' Metrolink Station --1 :71,Stmt ACCENT PALMS ACCENT PN MS STREET TREE STREET TREE COLUMNAR TREE COLUMNAR TREE TREES STREET R SPA ren Y J�8 11' 91 k3' 4'14' 11'— k-11'—k4' k4' k3J� 8'—.I�11'—,1�S PrNate p ftlku'ay Pw�allel .P Bike Travel Travel Bike Parallel Waw �_ Private Bulldlnq wTree Parking / Lane Lane Wrking wRree Bul4dtna Setback ,k-16'Wells l Burner BuPper wells 16' * Setb�`k Pedestrian Realm Sorlping 60' Sorlping pedeetrlan Realm � Curb to Curb � Street ROW 92' Building ro Building Figure 7.21: The Vine Note: Figure not to scale. Architecture defines pedestrian Parking screened realm behind buildings -� 1 fff d. cb building breaks every 300.to 450-fest Irl 1 communedge y s PI... Create mid-block nodes for connectivity io multiple parcels Continuous . edge craomd pl building placement; Buildings front tll front or side onto the Vine �% Connected pedestrian n.N.,k i 1 Empire Lakes Specific N" Plan RANCHO Amendment UCAMONGA CALIF ORN U Empire Lakes will be comprised of six "Placetypes": • Transit (T), • Mixed Use ( MU ), • Urban Neighborhood ( UN ), • Core Living (CL), • Village Neighborhood (VN ), and • Recreation ( REC) The land uses , number of dwelling units , density range , non-residential floor area will vary within each . M�1eGrolinkSon Eer'nar-dine' Line ea —._ �a a a a a I iee i i i i i e iii i a a a Iaa a eiii v i i i i aaaa■a aa i ei ei i i ii i a9 a a a a a 511 i iiia nnn. nennnnrr>r...r Flocket Prji*. Mer,ro link Ro neho ra-i n"a �,�� £;radion UN URF rr.S I a]a[ 3�bJW.I i+�u.Yrs i.a a !S-s Oe!7 At PAU "k, ;I 74L cl uttln, FAAC UX .k wscthet F.��t. N-10 34 Baa auris. f Tn $Gr,;.;c A.ixwn Er.rr .y Td-13 :«_�.xavn -revel o 't#r Gtr�+�t RRC CL itt35 ewi.�L i, E'' �Ar � e• rd6M G1.P;+F N N.H vri North Urban Piga 5th St,-mt ---�^ urDan Ficiza S114REC =-5!-2Z SouUh CL REC 4 5S Ar Pocker, Park "I N YN v N 5 17 VN VN Pkjc*4-�pea Leg-�rrd 0 1.,JA L-J,'?,: Tru rn Ti M LRe d 11&,-, i'PALI'l A Dv,, rt,a ri Nei g h b cl rbLe-ld (IJ KI CorE, Lkolrq (CLj 19 Village hLlighbccP2-cA NW, Rvc-4--r*a t-,i o n i R P.,-.I )t uCwfjr NILI cveriay 4th St4 ,et Non- Residential Permitted Minimn. Maximum Max SF Density Permitted Permitted Transit (T) 1 .2 25,000(3) - Mixed Use (MU) 2.7 75,000 14-40 0 108 combined 3.0 35-55 0 163 Urban Neighborhood (UN) 20. 1 24-80 483 11610 Core Living (CL) 26.5 18-35 476 926 Village Neighborhood (VN) 13.5 16-28 217 379 Potential Subtotal 67.0 100,000 17.5 - 47.6 1 , 176 3, 186 Net Developable Minimum 67.0 1001000 23.8 - 29.9 11594 2,000 Required/Maximum Permitted Recreation (REC) 2.5 (4) - Urban Plaza 0.6 - MWD Easement OS 1 .4 Roads/Misc. OS 10.5 - Non-Developable Subtotal 15.0 (4) - Gross Developable Minimum 82.0 100 000 19.4 - 24.4 1 594 2,000 Required/Maximum Permitted ' South of 6th Street Residential • . _ _ Acres(') Residential - - • MinimumMaximum Max SF D_ PermittedPermitted Range Mixed Use (MU) 3.0 351000 14-40 0 120 Core Living (CL) 14. 1 - 18-35 254 494 Village Neighborhood (VN) 50. 1 - 16-28 802 1 ,403 Potential Subtotal 67.2 35,000 15.7 - 30.0 1 ,056 2,017 Net Developable Minimum 000 15.7 21 .b 1 ,056 1 ,450 Required/Maximum Permitted 672 35, Recreation (REC) 4.3 (4) - Roads/Misc. OS 6.9 - - Non-Developable Subtotal 1 1 .2 (4) Gross Developable Minimum 78.4 35,000 13.5 - 18.5 1 ,056 1 ,450 Required/Maximum Permitted Residential Non- Mixed-Use Overlay Acres[' Residential Permitted Minimum Maximum Max SF Density Permitted Permitted Range > Units[2� Units[2� Mixed Use (MU) 85tOOO Consistent with underlying Placetype Non- Residential PAI Total Acres[' Residential Permifited Minimum MaxiR45 Max SF [3� Densit Required Permi 50 [47 [5� Range�a : Units[2� r _ , i' { j .r l A. s ,�' is U � ■ � � lm, : lam , ■ . . � � Empire Lakes Specific Plan RANCHO Amendment C UCAMONGA CALIFORNU • Submittal of Application — 01 /15/2015 • Public Scoping Meeting — 06/10/2015 • Planning Commission Workshop — 11 /10/2015 • Draft Environmental Impact Report (DEIR) available for public review — 11 /10/215 to 12/24/2015 NEXT STEPS • Final Environmental Impact Report (FEIR) — pending • Planning Commission Public Hearing — TBD • City Council Public Hearing — TBD November 10, 2015 Mr. Ray Wimberly Chairman Planning Commission City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: Empire Lakes Specific Plan Project—Planning Commission Workshop for Specific Plan Amendment DRC2015-00040—SC Rancho Development Corp. (Lewis Operating Corp.) Dear Mr. Wimberly, Thank you for the notice of the November 10, 2015 subject workshop. As I indicated in my comments speaking to the Planning Commission at the June 10, 2015 draft EIR scoping meeting, the Empire Lakes course is an exceptional, well-maintained facility used by golfers and families from the local community, surrounding southern California areas, and visitors from out-of-state. Additionally,the approximately 160 acres of open space makes the course an invaluable and irreplaceable asset of a natural setting in the otherwise developed city scape. Keeping an existing high-quality golf course in a prime southern California location and city like Rancho Cucamonga should be a high priority. I fully acknowledge the need for well-organized and progressive development proposals to serve the legitimate needs of a community for housing and commercial interests. I would suggest, however,that such a proposal be implemented on property not already dedicated to a unique and valuable facility such as Empire Lakes golf course. Specifically, if this redevelopment is truly warranted and considered a necessary step, it should be built on vacant property at another location, and not at the expense of demolishing a championship golf facility. I would urge the Planning Commission to: • consider the unique value of the golf course to the community, and • please deny the proposed land use change, associated amendments, and redevelopment plan. Interested members of the city and other communities have expressed their interest in a petition on-line to keep the golf course in place, and for the city staff not to approve a change in land use. The petition was established in October 2015 and as of this date contains 575 signatures. Many of the signers have added brief comments that can be viewed at the following web site: hU://www.2opetition.com/petitions/save-empire-lakes-golf-course.html lit/ v�i(f�Sf /.0 /'� Page 12 The cover page is attached here for the petition and its contents to be included as part of the public record. I encourage the city staff, Planning Commission, and other decision makers to review the petition and the comments from the public. I appreciate the opportunity to participate in the public process, and look forward to next steps. And,thanks again to you and all the city staff for your time and effort. Respectfully yours, Tom Rheiner 11030 De Anza Drive Rancho Cucamonga, CA 91730 Attachment—Save Empire Lakes Golf Course petition cover page dated November 10, 2015 Copy to: Mr. Kevin Heaney, SCGA Save Empire Lakes Golf Course Petition Page 1 of 2 Petition Tools Join Now I How to write I News I Testimonials Start a Petition I Login M= Follow search Home I Bookmark I Tell Active petitions in over 75 countries Follow GoPetition Save Empire Lakes Golf Course Petition published by Save Empire Lakes on Oct 14, 2015 575 Signatures V loin Now Neoommmd lhnn 696 people recommend this.Sign Up to see what your friends f recommend Target: City of Rancho Cucamonga , Region: United States of America Web site: http://saveempirelakes.com Sign the petition Sponsor CM Tweet ..8 G+I 1 !-{' Petition Background (Preamble): 88• Empire lakes Golf Course was,and could be again,the crown Jewel of the Inland Empire. Lewis Homes has purchased the course and is planning on tearing it down to put up exactly what ZIP, f� Rancho Cucamonga does not need, MORE APARTMENTSI 1_ The course is home to all sorts of wild life that used to rome free In the area before it was severely over developed. Red Tail Hawks, Cranes, Herons and Owls are only a few of the species you find out on the course.The course is a great place for children to learn many aspects that golf has to offer such as; honesty,sportsmanship, respect and build character. 111111111111L j We are trying to keep the city from rezoning the golf course for homes. Please help us. If Lewis Homes were to put as much money Into the golf course as they are putting into trying to destroy it, It could be easily be the top rated course in the Inland Empire and thrive once again as a professional tour stop,generating huge tax dollars for the city and revenue for the surrounding businesses. Petition: $699 vnu,c;na We,the undersigned, call on the City of Rancho Cucamonga to deny the rezoning of Savory Roasted Empire Lakes Golf Course for residential use and motion to keep it as a green zone so It can once again become the Crown Jewel of the Inland Empire. Chicken tt6d WA tko, t'. Sign the petition The Save Empire takes Golf Course petition to City of Rancho Cucamonga was written by Save Empire Lakes and Is In the category Environment at GoPetition.Contact author b=. Petition tags:golf course, golf,save empire lakes,keep it green rancho cucamonga,rancho cucamonga,inland empire ICj I Ma¢ Signatures I Views I BookmarkI Banners I Link I Tip Jar I Sponsor f Click here to Like this petition or Ad&View Comments 40 1 Providence Christian D II Pasadena's Top Christian College.Follow Your Faith 8 Learn to Lead' J O http://www.gopetition.com/petitions/save-empire-lakes-golf-course.html 11/10/2015 Save Empire Lakes Golf Course Petition Page 2 of 2 Home I Petition Definition I Help(FAO) I Create a petition I Terms of use I Disclaimer I Private I About us I Contact us Site map I Start a petition I Slog I YOUTube I Twitter I Facebook GoPetition©2000-2015 http://www.gopetition.com/petitions/save-empire-lakes-golf-course.html 11/10/2015