HomeMy WebLinkAbout2017-02-08 - Supplemental BRecO2d Cop
®South Coast
Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91765-4178
(909) 396-2000 • www.agmd.gov
SENT VIA E-MAIL AND USPS:
donald.prangcr@citvofrc.us
Donald Granger, Senior Planner
City of Rancho Cucamonga — Planning Department
P.O. BOX 807
Rancho Cucamonga, CA 91729
February 7, 2017
The South Coast Air Quality Management District (SCAQMD) staff appreciates the opportunity to
comment on the above -mentioned document. The following comment is meant as guidance for the Lead
Agency and should be incorporated into the Final MND.
The Lead Agency proposes to demolish the existing single story structures and construct an 8-unit
multifamily development. Since the project includes demolition, the Lead Agency should discuss and
provide additional information regarding compliance with SCAQMD Rule 1403 — Asbestos Emissions
from Demolition/Renovation in the Final MND.
The SCAQMD staff is available to work with the Lead Agency to address these concerns and any other
air quality questions that may arise. Please contact Jack Cheng, Air Quality Specialist at (909) 396-2448,
if you have any questions regarding these comments. We look forward to reviewing and providing
comments for the Final MND associated with this project.
LS:JC
SBC 161223-05
Control Number
Sincerely,
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Lijin Sun, J.D.
CEQA IGR Program Supervisor
Planning, Rule Development & Area Sources
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PLANNING COMMISSION RESOLUTION NO. 17-08
DESIGN REVIEW DRC2014-00732 — RC1 HOMES, LLC
February 8, 2017
Page 2
f. The project also includes a Minor Exception (DRC2016-00657) to reduce the street side
building setbacks by up to 10 percent, a Minor Exception (DRC2016-00658) to increase the maximum
per wall height by up to 2 feet and a Tree Removal Permit (DRC2015-00310) to remove 2 trees.
3. Based upon the substantial evidence presented to this Commission during the
above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed project is consistent with the General Plan. The General Plan land use
designation for the project site is Low Medium (LM). The General Plan states that Low Medium (LM) land
use district is characterized by detached and attached housing structures that contain either one or two
individual dwelling units. The project is for the development of 4 buildings made up of 2 units per
building, in accord with the intent of the Low Medium (LM) land use district; and
b. The proposed use is in accord with the objective of the Development Code and the
purposes of the district in which the site is located. The Development Code states that the Low Medium
(LM) District is for the development of 4 to 8 dwelling units per acre. The Low Medium (LM) District
permits the development of multi -family projects. The project is for the development of an 8-unit, multi-
family project on 1.01 acre site, in accord with intent of the Low Medium (LM) District; and
C. The proposed use is in compliance with each of the applicable provisions of the
Development Code. The project will be in compliance with the Development Code with approval of the
Minor Exception (DRC2016-00657) to reduce the required street side building setback by 10 percent and
Minor Exception (DRC2016-00658) to increase the maximum permitted wall height by up to 2 feet; and
d. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in
the vicinity. The Initial Study Part II outlines potential environmental impacts related to the project and
identifies project specific mitigation measures that reduce these impacts to less -than -significant.
4. Based upon the facts and information contained in the application, together with all written
and oral reports included for the environmental assessment for the application, the Planning Commission
finds that no subsequent or supplemental environmental document is required pursuant to the California
Environmental Quality Act (CEQA) in connection with the review and approval of this application based
upon the following findings and determinations:
a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local
CEQA Guidelines, the City 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. During the circulation period for the proposed Mitigated Negative Declaration
(MND), staff received correspondence from the South Coast Air Quality Management District
(SCAQMD) for the project related MND requesting the inclusion of a mitigation measure related to
asbestos emissions from the demolition of the existing on -site structures. In response, staff has
modified an existing mitigation measure to the Initial Study Part II and related CEQA documents
to require the project to comply with SCAQMD Rule 1403 (asbestos emissions from
PLANNING COMMISSION RESOLUTION NO. 17-08
DESIGN REVIEW DRC2014-00732 — RC1 HOMES, LLC
February 8, 2017
Page 3
demolition/renovation) for the demolition of on -site structures. Section 15073.5(c)(1) of the CEQA
Guidelines states that recirculation of the MND is not required when a mitigation measure
replaces with a mitigation measure that is more effective pursuant to CEQA Section 15074.1.
CEQA Section 15074.1(b)(1) and (2) states that prior to adopting a substituted mitigation
measure, 1) a public hearing for the project shall be held, and 2) a written finding shall be
adopted that the new measure is more effective in mitigating potential significant effects and that
it in itself will not cause any potentially significant effect on the environment. In accordance with
this requirement, a public hearing for the project and MND was held on February 8, 2017, and the
Planning commission finds based on substantial evidence presented at that hearing that the new
mitigation measure is equivalent or more effective in mitigating or avoiding potential significant
effects and it in itself will not cause and potentially significant effect on the environment. The
modified mitigation measure will strengthen the Air Quality section of the City's MND by limiting
the potential release of asbestos, and will not cause significant effects on the environment as it
will ensure that if asbestos is encountered on the project it will be properly handled in a manner
in accordance with SCAQMD Rule 1403.
C. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based on the whole record before
it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that,
based on the imposition of mitigation measures, there is no substantial evidence that the project will have
a significant effect on the environment. The Planning Commission further finds that the Mitigated
Negative Declaration reflects the independent judgment and analysis of the Planning Commission.
Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration.
d. The Planning Commission has also reviewed and considered the Mitigation Monitoring
Program for the project that has been prepared pursuant to the requirements of Public Resources Code
Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation
measures during project implementation. The Planning Commission therefore adopts the Mitigation
Monitoring Program for the project.
e. 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 Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department
1) Approval is for site plan and architectural review of an 8-unit, multi -family
development on 1.01 acres of land located at the southwest corner of 6th
Street and Hellman Avenue; APN: 0210-341-74.
2) The approval is subject to Planning Commission approval of Tentative Tract
Map SUBTT19918; Minor Exception DRC2016-00657, Minor Exception
DRC2016-00658 and Tree Removal Permit DRC2015-00310.
PLANNING COMMISSION RESOLUTION NO. 17-08
DESIGN REVIEW DRC2014-00732 — RC1 HOMES, LLC
February 8, 2017
Page 5
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 GGRStFUGtiGR equipment shall GGMPIY with SGAQM_P Rules 402 and
The project shall comply with South Coast Air Quality Management
District Rule 1403 (Asbestos Emissions from Demolition/Renovation)
for the demolition of the existing on -site structure, and all construction
equipment shall comply with SCAQMD Rules 402 and 403.
Additionally, all contractors shall include the following provisions:
• Reestablish ground cover on the construction site through seeding and
watering.
• Pave or apply gravel to any on -site haul roads.
• Phase grading to prevent the susceptibility of large areas to erosion
over extended periods of time.
• Schedule activities to minimize the amounts of exposed excavated soil
during and after the end of work periods.
• Dispose of surplus excavated material in accordance with local
ordinances and use sound engineering practices.
• Sweep streets according to a schedule established by the City if silt is
carried over to adjacent public thoroughfares or occurs as a result of
hauling. Timing may vary depending upon the time of year of
construction.
• Suspend grading operations during high winds (i.e., wind speeds
exceeding 25 mph) in accordance with 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.
13) Landscape with native and/or drought -resistant species to reduce water
consumption and to provide passive solar benefits.
14) Provide lighter color roofing and road materials and tree planting programs to
comply with the AQMP Miscellaneous Sources MSC-01 measure.
PLANNING COMMISSION RESOLUTION NO. 17-07
SUBTT19918 — RC1 HOMES, LLC
February 8, 2017
Page 2
3. Based upon the substantial evidence presented to this Commission during the
above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. That the tentative tract is consistent with the General Plan, Development Code, and any
applicable specific plans. The proposed tentative tract map is consistent with the General Plan and
Development Code Low Medium (LM) land use and zoning designations for the project site; and
b. The design or improvements of the tentative tract is consistent with the General Plan,
Development Code, and any applicable specific plans. The proposed tentative tract map is consistent
with the Low Medium (LM) General Plan land use designation. The related Design Review (DRC2014-
00732) includes two Minor Exceptions, one (DRC2016-00657) for a reduction in the required street side
setback and one (DRC2016-00658) for an increase in the maximum permitted wall height. With approval
of these related exceptions, the project will be consistent with the Development Code; and
C. The site is physically suitable for the type of development proposed. The project site is
located at the intersection of two public streets and will be of similar design and density to the project to
the north and will be compatible with the single-family development east, west and south.
d. The design of the subdivision is not likely to cause substantial environmental damage
and avoidable injury to humans and wildlife or their habitat. The Initial Study Part II outlines potential
environmental impacts related to the project and identifies project specific mitigation measures that
reduce these impacts to less -than -significant; and
e. The tentative tract is not likely to cause serious public health problems. The subdivision
is for residential purposes, which usually does not cause public health issues; and
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.
The project site does not contain any existing easements.
4. Based upon the facts and information contained in the application, together with all written
and oral reports included for the environmental assessment for the application, the Planning Commission
finds that no subsequent or supplemental environmental document is required pursuant to the California
Environmental Quality Act (CEQA) in connection with the review and approval of this application based
upon the following findings and determinations:
a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local
CEQA Guidelines, the City 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. During the circulation period for the proposed Mitigated Negative Declaration
(MND), staff received correspondence from the South Coast Air Quality Management District
(SCAQMD) for the project related MND requesting the inclusion of a mitigation measure related to
asbestos emissions from the demolition of the existing on -site structures. In response, staff has
modified an existing mitigation measure to the Initial Study Part 11 and related CEQA documents
PLANNING COMMISSION RESOLUTION NO. 17-07
SUBTT19918 — RC1 HOMES, LLC
February 8, 2017
Page 3
to require the project to comply with SCAQMD Rule 1403 (asbestos emissions from
demolition/renovation) for the demolition of on -site structures. Section 15073.5(c)(1) of the CEQA
Guidelines states that recirculation of the MND is not required when a mitigation measure
replaces with a mitigation measure that is more effective pursuant to CEQA Section 15074.1.
CEQA Section 15074.1(b)(1) and (2) states that prior to adopting a substituted mitigation
measure, 1) a public hearing for the project shall be held, and 2) a written finding shall be
adopted that the new measure is more effective in mitigating potential significant effects and that
it in itself will not cause any potentially significant effect on the environment. In accordance with
this requirement, a public hearing for the project and MND was held on February 8, 2017, and the
Planning commission finds based on substantial evidence presented at that hearing that the new
mitigation measure is equivalent or more effective in mitigating or avoiding potential significant
effects and it in itself will not cause and potentially significant effect on the environment. The
modified mitigation measure will strengthen the Air Quality section of the City's MND by limiting
the potential release of asbestos, and will not cause significant effects on the environment as it
will ensure that if asbestos is encountered on the project it will be properly handled in a manner
in accordance with SCAQMD Rule 1403.
C. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based on the whole record before
it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that,
based on the imposition of mitigation measures, there is no substantial evidence that the project will have
a significant effect on the environment. The Planning Commission further finds that the Mitigated
Negative Declaration reflects the independent judgment and analysis of the Planning Commission.
Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration.
d. The Planning Commission has also reviewed and considered the Mitigation Monitoring
Program for the project that has been prepared pursuant to the requirements of Public Resources Code
Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation
measures during project implementation. The Planning Commission therefore adopts the Mitigation
Monitoring Program for the project.
e. 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 Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department
1) Approval is for the subdivision of air space (Tentative Tract Map
SUBTT19918) for the purpose of creating a one lot subdivision for 8
residential condominium units related to the development of an 8-unit multi-
family development located at the southwest corner of 6th Street and
Hellman Avenue on 1.01 acres of land; APN: 0210-341-74.
PLANNING COMMISSION RESOLUTION NO. 17-07
SUBTT19918 — RC1 HOMES, LLC
February 8, 2017
Page 4
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
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 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)
The project shall comply with South Coast Air Quality Management
District Rule 1403 (Asbestos Emissions from Demolition/Renovation)
for the demolition of the existing on -site structure, and all construction
equipment shall comply with SCAQMD Rules 402 and 403.
Additionally, all contractors shall include the following provisions:
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Initial Study for City of Rancho Cucamonga
Tentative Tract Map SUBTT19918 and Design Review DRC2014-00732 Page 12
Less Than
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Less
Issues and SupportingInformation Sources:
Potentially
Significant
With
Mitigation
Than
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No
Impact
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Im act
Im act
The project shall comply with South Coast Air Quality Management District Rule
es 1403 (Asbtos Emissions from Demolition/Renovation) for the demolition of the
existing on -site structure, and all construction equipment shall comply with
SCAQMD Rules 402 and 403. Additionally, all contractors shall include the
following provisions:
• Reestablish ground cover on the construction site through seeding
and watering.
Pave or apply gravel to any on -site haul roads.
• Phase grading to prevent the susceptibility of large areas to erosion
over extended periods of time.
• Schedule activities to minimize the amounts of exposed excavated soil
during and after the end of work periods.
• Dispose of surplus excavated material in accordance with local
ordinances and use sound engineering practices.
• Sweep streets according to a schedule established by the City if silt is
carried over to adjacent public thoroughfares or occurs as a result of
hauling. Timing may vary depending upon the time of year of
construction.
• Suspend grading operations during high winds (i.e., wind speeds
exceeding 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 PM10 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 PMfo emissions.
Proiect Long Term (Operational) Emissions and Impacts
Long-term air pollutant emissions are those associated with stationary sources and mobile
sources involving any project -related changes. The proposed project would result in a net
increase in the amount of development in the area; therefore, the proposed project would
result in net increases in both stationary and mobile source emissions. The stationary
source emissions would come from additional natural gas consumption for on -site
buildings and electricity for the lighting in the buildings and at the parking area. As shown
Rev 3-1-16 D )-
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Mitigation Measures No. /
Responsible
Monitoring
Timing of
Method 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
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electric or clean alternative fuel powered
equipment where feasible.
7) The construction contractor shall ensure that
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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
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standards noted in SCAQMD Rule 1108.
9) All paints and coatings shall meet or exceed
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performance standards noted in SCAQMD
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The project shall comply with South Coast
Air Quality Management District Rule 1403
(Asbestos Emissions from
Demolition/Renovation) for the demolition
of the existing on -site structure, and all
construction equipment shall comply with
SCAQMD Rules 402 and 403. Additionally,
all contractors shall include the following
provisions:
• Reestablish ground cover on the
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construction site through seeding and
watering.
•. Pave or apply gravel to any on -site haul
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roads.
• Phase grading to prevent the
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susceptibility of large areas to erosion
Page 2 of 15
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Mr. Chair, Commissioners, Staff, and members of the public:
The committee had its latest meeting on January 20, 2016 in Sacramento. Here are some
talking points from that meeting. (Meetings are generally quarterly)
Transportation Funding is one of the League's Key 2017 Strategic Goals
• We need a comprehensive transportation reform and a funding package.
• While the legislature has had success in recent years in balancing the state budget, we
can no longer afford to ignore our most basic repair and maintenance needs if we wish
to avoid systematic failure of the state's entire transportation infrastructure.
• The gas tax has remained unchanged since 1994 and due to fuel efficiency
advancements, a motorist who drove 12,000 miles in 2016 paid $101 in state per -gallon
gas tax compared to the $111 paid by a driver in 1994. For perspective, if the gas tax had
been continually adjusted for inflation, a driver would pay $183.71 annually.
• As a result, our city streets are literally falling apart, with chunks of asphalt missing from
our pavement, making driving dangerous and punishing on our residents. Our state and
local residents expect us and rely upon us to provide safe and well -maintained roads,
but it's impossible to do that without any new funding.
• A $6 billion proposal would create more than 500,000 jobs, which is a great way to
stimulate our economy and make the roads we and our children rely on safe again.
What's being done today in Sacramento?
• As the first order of business in the new legislative session, Senator Beall and Assembly
Member Frazier introduced similar transportation funding proposals on December 5,
2016, under SB 1 and AB 1, respectively. Upon full implementation, each bill will
generate approximately $6 billion annually with about $2.2 billion going to local streets
and roads.
• These proposals present an opportunity in the new legislative session for all sides to
negotiate on a comprehensive package to send to the Governor. The League of
California Cities supports these proposals as a starting place for negotiations, but also
understands that there is still work needed to get the necessary two-thirds vote in each
legislative chamber.
• The League will continue to help advance the discussion and will provide cities with the
tools it needs to advocate when the legislature is closer to reaching a deal.
Source: League Committee Notes