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Home My WebLink About2021-01-27 Agenda Packet Historic Preservation Commission and Planning Commission Agenda January 27, 2021 Rancho Cucamonga, CA 91729 7:00 p.m. PURSUANT TO GOVERNOR GAVIN NEWSOM’S EXECUTIVE ORDER N-29-20 THIS MEETING WILL BE HELD AS A TELECONFERENCE MEETING In response to the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, there will be no members of the public in attendance at the Planning Commission Meetings. Members of the Planning Commission and staff will participate in this meeting via teleconference. In place of in-person attendance, members of the public can observe and offer comment at this meeting via Zoom: VIEW MEETING VIA ZOOM APP OR ZOOM.COM AT: zoom.us/join using Webinar ID: 955 5827 2293 -or- YOU CAN DIAL-IN USING YOUR PHONE UNITED STATES: + 1 (669) 900-6833 Access Code: 955 5827 2293 A. Call to Order and Pledge of Allegiance B. Public Communications This is the time and place for the general public to address the Commission on any item listed or not listed on the agenda. The Commission may not discuss any issue not included on the Agenda but set the matter for a subsequent meeting. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of January 13, 2021. D. Public Hearings D1. DESIGN REVIEW MODIFICATION DRC2020-00482 – DR HORTON– A request for a design review modification to SUBTPM19762, SUBTT20032, DRC2016-00449, DRC2016- 00450, DRC2016-00451, DRC2016-00452, DRC2016-00508 by modifying the current conditions of approval with the removal of Condition #13 that places restrictions on the residential occupancy of the community. The project site is located at the southwest corner of Day Creek Boulevard and Base Line Road – APN: 1090-695-90. Pursuant to the California Environment Quality Act (CEQA), a Mitigated Negative Declaration was adopted HPC/PC Agenda – January 27, 2021 Page 2 of 3 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. and approved in 2017 as part of the original project approval and was determined that the project would not have any significant impacts on the environment. The request to modify a condition of approval will not result in any significant impacts or additional impacts that weren’t previous addressed by the Mitigated Negative Declaration. Therefore, no further environmental review is required. D2. TENTATIVE TRACT MAP SUBTT20295 – COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT – A review of a proposed subdivision of a property of about 1,166 acres into twelve (12) lots for sale and three (3) lettered lots to be retained by the project proponent, located within the Etiwanda Heights Neighborhood and Conservation Plan, located north of Banyan Street, east of Milliken Avenue, and west of Day Creek Boulevard – APNs: 0201-191-27; 0201-272-15, -16, -17, and -18; 0225-091-05 and -06; 0225-092-01; 1074-351-01, -04, -05, and -06; 1087-071-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -13, 14, 18, -19, and -20. Pursuant to the California Environment Quality Act (CEQA), the City certified and Environmental Impact Report (EIR) on October 2, 2019 in connection with the City’s approval of Environmental Impact Report and General Plan Amendment DRC2015-00749, Etiwanda North Specific Plan Amendment DRC2015-00750, Zoning Map Amendment DRC2015-00752, Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) Specific Plan DRC2015-00751, Annexation DRC2015-00732, and Development Code Amendment DRC2019-00459. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required in connection with subsequent discretionary approvals of the same project. D3. MUNICIPAL CODE AMENDMENT DRC2021-00003 - CITY OF RANCHO CUCAMONGA - A request to amend Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to defer payment of public art in lieu fee from building permit issuance to final inspection. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA Section 15061(b)(3). This item will be forwarded to City Council for final action. E. General Business - None F. Director Announcements G. Commission Announcements H. Workshop - None I. Adjournment HPC/PC Agenda – January 27, 2021 Page 3 of 3 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. For each of the items listed under “PUBLIC HEARING ITEMS”, the public will be provided an opportunity to speak. To address the Planning Commission via Zoom App, click the “Raise Hand” button when the item you wish to comment on is being discussed. On Zoom via phone, you can also raise your hand by pressing *9 when the item you wish to comment on is being discussed. Comments will be limited to 5 minutes per individual. If a large number of individuals wish to speak on an item, the Chairman may limit the time to 3 minutes in order to provide an opportunity for more people to be heard. Speakers will be alerted when their time is up, and no further comments will be permitted. If you wish to speak concerning an item not on the agenda, you may do so under “PUBLIC COMMENTS.” As an alternative to participating in the meeting, you may submit comments in writing to Elizabeth.Thornhill@cityofrc.us by 12:00pm on the date of the meeting. Written comments will be distributed to the Commissioners and included in the record. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are available at www.CityofRC.us. 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 $3,206 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cell phones while the meeting is in session. I, Elizabeth Thornhill, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Thursday, January 21, 2021, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Historic Preservation Commission and Planning Commission Agenda January 13, 2021 MINUTES Rancho Cucamonga, CA 91729 7:00 p.m. The meeting of the Historic Presentation Commission and Planning Commission was held on January 13, 2021. The meeting was called to order by Chairman Guglielmo at 7:00pm. Planning Commission present: Chairman Guglielmo, Vice Chair Oaxaca, Commissioner Dopp, Commissioner Morales. Commissioner Williams – Absent Staff Present: Darrelle Field, City Attorney; Anne McIntosh, Planning Director; Sean McPherson, Sr. Planner; Dat Tran, Assistant Planner; David Eoff, Sr. Planner; Elizabeth Thornhill, Executive Assistant; Jason Welday, Engineering Director; Mike Smith, Principal Planner; Brian Sandona, Senior Civil Engineer. B. Public Communications Chairman Guglielmo opened for public communications and hearing no comment, closed communications. C. Consent Calendar C1. Consideration to adopt Regular meeting Minutes of December 9th, 2020. C2. Consideration to adopt Special meeting Minutes of December 21st, 2020. Motion by Commissioner Morales, second by Vice Chair Oaxaca. Motion carried 4-0-1 to adopt the minutes as presented. Absent - Commissioner Williams. D. Public Hearings D1. TENTATIVE TRACT MAP SUBTT18305, MINOR EXCEPTION DRC2020 00217, AND TREE REMOVAL PERMIT DRC2020-00218 (LOCATED THE WEST SIDE OF HERMOSA AVENUE AT VISTA GROVE STREET) – MANNY BADIOLA – A request for site plan review to subdivide a 4-acre parcel of land into 6 residential lots for the future development of 6 single-family residences within the Very Low (VL) Residential District and the Equestrian Overlay District; APN 1074-201-01 and 02. A Mitigated Negative Declaration of environmental impacts was prepared for consideration. Tabe van der Zwaag, Associate Planner, presented Commissioners with a Staff Report and oral presentation (copy on file). Commissioner Dopp asked a question regarding the tree removal, if there was a place for the trees. Tabe van der Zwaag answered tress will be located inside and spaced along the perimeter on the project site. 004 HPC/PC Minutes Notes – January 13, 2021 Page 2 of 5 Draft Chairman Guglielmo opened the public hearing. Ben and Vera, property owners at 5344 Hermosa Ave. have concerns regarding the retaining wall and asked if their rod iron fence will be removed. Tabe van der Zwaag responded yes, it will be removed replaced with a new retaining wall. (6ft. retaining wall with a 5 ft. rod iron fence.) He assured them when the wall plans would be reviewed by the Building and Safety Department for adequacy to retain the existing slope. The following individuals have concerns of privacy with the 2-story homes and problems with rodents once construction begins: Phillip and Karla Feldman, Tracy Contreras, Weston Taylor and Jim Caldwell. With no further public comments. Chairman Guglielmo closed public hearing. Commissioner Dopp requested staff to answers residents’ concerns. Tabe van der Zwaag response as follows: • Wall Height - 6 ft block wall along the trail easement and planting eucalyptus along the rear property lines of each new parcel. Mike Smith, Principal Planner, responded to the neighbor’s concern related the potential rodent issues during the grading phase when houses are developed in the future. He stated that they will need to work with the applicant to bring on a pest control specialist. He also reminded the Commission that they are only reviewing the tentative tract map. He stated that when we get to the point of reviewing the houses on the lots, consideration of view obstructions and pest issues can be discussed. Commissioner Dopp stated after hearing from staff, he is good with project moving forward. Commissioner Morales asked for confirmation regarding the existing and proposed equestrian trails along the west property line will be merged together as one big trail, with no split rail fencing dividing the two trail easements. Tabe van der Zwaag confirmed that there would not be a split rail fence between the two trail easements. Commissioner Oaxaca stated that he is glad to see attention to the trails making sure there is access from individual properties leading to the trails. He has no issues with this project. Commissioner Guglielmo thanked staff for clarifying we are only speaking of the tentative tract at this time along with a minor exception and tree removal permit. He said there will be a day in the future when houses on the lots will be removed and the issues raised by the neighbors may be discussed. Motion by Commissioner Dopp, second by Commissioner Morales. Motion carried 4-0-1 vote to adopt Resolutions 21-1, 21-2 and 21-3. Absent - Commissioner Williams. 005 HPC/PC Minutes Notes – January 13, 2021 Page 3 of 5 Draft D2. DESIGN REVIEW DRC2019-00651 – (LOCATED AT 12550 ARROW ROUTE) – SGE CONSULTING STRUCTURAL ENGINEERS FOR AIR GAS SPECIALTY GAS FACILITY - A request to demolish an existing office building and construct a new 18,165 square-foot industrial building/production facility with a 3,490 square-foot office and additional site improvements. The project is located in the General Industrial (GI) zone at 12550 Arrow Route – APN: 0229-031-23. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA Section 15332 – In-Fill Development Projects. David Eoff, Sr. Planner, presented Commissioners with a Staff Report and oral presentation (copy on file). Commissioner Morales asked if there will be a concrete apron where the old building was or new landscaping. David Eoff answered the plan is to replace with concrete. Chairman Guglielmo opened the public hearing. Rachel Wu, Applicant, thanked Planning Commission for their time and consideration and David for his presentation. She added, to the question from Commissioner Morales, explained the open space where the building is being demolished will be replaced with concrete apron and it may be used for temporary storage once project gets built. With no public comments. Chairman Guglielmo closed public hearing. Commissioner Morales stated project is an improvement and is in support of it. Vice Chair Oaxaca mentioned the applicant did a real nice job in the design and showed flexibility working with staff and it will be a great addition on Arrow Hwy. and is looking forward to seeing it. Commissioner Dopp stated the rod iron fence will be a vast improvement over chain link and barb wire. He also said any attempt to make industrial like buildings look nicer and raise the level of that architectural style is always appreciated. Chairman Guglielmo stated the overall project is a vast improvement over the existing and if it helps their operation and they are willing to go the extra mile with rod iron, then it is a worthy project and looks forward to seeing it and improve the city. Motion by Vice Chair Oaxaca, second by Commissioner Dopp. Motion carried, 4-0-1 vote to adopt resolutions #21-4. Absent – Commissioner Williams. D3. GENERAL PLAN AMENDMENT DRC2020-00215 (LOCATED EAST OF INTERSTATE 15, SOUTH OF ARROW ROUTE, NORTH OF 4TH STREET, AND WEST OF THE CITY’S EASTERLY BOUNDARY) – CITY OF RANCHO CUCAMONGA – A proposal to amend the General Plan of the City of Rancho Cucamonga to incorporate a new street network plan within the southeast industrial area of the City that is generally. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 2000061027) on May 19, 2010 in connection with the City’s approval of the City’s 006 HPC/PC Minutes Notes – January 13, 2021 Page 4 of 5 Draft 2010 General Plan Update. Pursuant to CEQA Guidelines Section 15164, an Addendum to the EIR has been prepared for consideration (Continued from December 9, 2020 public hearing). Sean McPherson, Sr. Planner, presented Commissioners with a Staff Report requesting to continue item to a date unspecified in order to maintain constructive and helpful dialogue between the City and all stakeholders now that the moratorium on industrial development has been extended to June 30th, 2021, by City Council. This extension provides staff additional time to have conversations with stakeholders and continue to work on the proposed road network. With no questions by Commissioners, Chairman Guglielmo re-opened the public hearing. John Shardlow, on behalf of Black Creek, property owners of the site commonly referred to as “Gen On”, concurs with staff recommendation and in full support of continuance. For the record, it is noted that the following correspondence was received after the preparation of the agenda packet and the following general concern is noted. The actual correspondence could be referred to for details: • Letter from Mark A. Ostoich, Gresham Savage Nolan & Tilden, requesting item to be continued. With no further public comments. Chairman Guglielmo closed public hearing. All Commissioners concur with item being continued to a date unspecified and expressed they are glad to see this positive movement and with this opportunity now that it has been extended. They are looking forward to this time to be used wisely so that they can consider it and hopefully make a decision. Motion by Commissioner Dopp, second by Commissioner Morales to continue Item D3 to date unspecified. Motion carried 4-0-1. Absent - Commissioner Williams. E. General Business - None F. Director Announcements Anne McIntosh, Planning Director, wished all a Happy New Year and announced the following: • PlanRC is on schedule and ready to enter the next phase of Policy Development. • Industrial Area Project, which includes the General Plan Amendment for the road network, has other components as well. Staff is undertaking a code update to the industrial zones and development standards in an effort to get new update modern policies in place for the industrial area. • Upcoming DRC and PC agendas will have items on it for the next few months. Keeping all of these meetings on schedule and will continue the Zoom format for a while. G. Commission Announcements - None H. Workshop – None 007 HPC/PC Minutes Notes – January 13, 2021 Page 5 of 5 Draft I. Adjournment Motion by Commissioner Morales, second by Vice Chair Oaxaca to adjourn the meeting, motion carried unanimously, 4-1-0 vote. Absent – Commissioner Williams. Meeting was adjourned at 8:09pm. Respectfully submitted, ________________________ Elizabeth Thornhill Executive Assistant, Planning Department Approved: 008 DATE: January 27, 2021 TO: Chairman and Members of the Planning Commission FROM: Anne McIntosh, AICP, Planning Director INITIATED BY: David F. Eoff IV, Senior Planner SUBJECT: DESIGN REVIEW MODIFICATION DRC2020-00482 – DR HORTON– A request for a design review modification to SUBTPM19762, SUBTT20032, DRC2016-00449, DRC2016-00450, DRC2016-00451, DRC2016-00452, DRC2016-00508 by modifying the current conditions of approval with the removal of Condition #13 that places restrictions on the residential occupancy of the community. The project site is located at the southwest corner of Day Creek Boulevard and Base Line Road – APN: 1090-695-90. Pursuant to the California Environment Quality Act (CEQA), a Mitigated Negative Declaration was adopted and approved in 2017 as part of the original project approval and was determined that the project would not have any significant impacts on the environment. The request to modify a condition of approval will not result in any significant impacts or additional impacts that weren’t previous addressed by the Mitigated Negative Declaration. Therefore, no further environmental review is required. RECOMMENDATION: Staff recommends approval of Design Review Modification DRC2020-00482 to the City Council for consideration to allow the modification to the previous approval of Design Review DRC2016-00450, Tentative Tract Map SUBTT20032, and Tentative Parcel Map TPM19762 by modifying the current conditions of approval with the removal of Condition #13 that places restriction on the residential occupancy of the community. BACKGROUND: In 2017, DR Horton was granted approval by the City Council to subdivide 28.4 acres of land at the southwest corner of Day Creek Boulevard and Base Line Road for the construction of a mixed use project consisting of 380 residential units, a 71-room hotel, and two commercial building pads totaling 12,000 square feet. The project was initiated through a preliminary review application and pre-application review workshop in 2015. The formal application and entitlement process included the following approvals: • Tentative Parcel Map SUBTPM19762 • Tentative Tract Map SUBTT20032 • Conditional Use Permit DRC2016-00449 • Design Review Application DRC2016-00450 • Uniform Sign Program DRC2016-00451 • Victoria Community Plan Amendment DRC2016-00452 • Minor Exception DRC2016-00508 009 PLANNING COMMISSION STAFF REPORT DESIGN REVIEW MODIFICATION DRC2020-00482 – DR HORTON January 27, 2021 Page 2 The project is progressing forward towards completion. The commercial pad buildings are entitled, permitted, and nearly complete. The residential area is on-going and working through each phase and is expected to be complete with construction with all units ready for occupancy by late 2021, early 2022. The hotel, which is the final piece of the overall project, has received approval of their construction plans from the Building and Safety, Planning, and Engineering Departments, and is ready for permit issuance. However, the developer of the hotel has not obtained permits nor has construction of it begun. The anticipated construction start date for the hotel is unknown as this time. ANALYSIS: During the entitlement process, the project was envisioned to be compatible with surrounding land uses, such as the Stater Brothers neighborhood center at the northwest corner of Day Creek Boulevard and Base Line Road that was also being planned at the time, the existing commercial center to the east at the southeast corner of Day Creek Boulevard and Base Line Road, and Victoria Gardens. The project site is located at one of the City’s prominent intersections and at the time was one the few remaining vacant parcels in the City of 30 acres or more. With it’s proximity to other services and it’s prominent location, the site was seen as a great opportunity for substantial land uses planning and potential economic synergy. The overall project approval included various conditions of approval that provided additional requirements and regulations for the project to meet and maintain. Some conditions were typical conditions that are applied to all projects of this type, while others were special conditions that were specific to the completion and expectations of the project. One of the special conditions, Condition #13 that applied to the approval of SUBTPM19762, reads “No more than 65% of the permits for the residential units (247) shall be issued unless building permits for the hotel and two restaurant buildings have been issued. Occupancy for the residential units shall be limited to 90% (342 units) until occupancy has been approved for the hotel and the two restaurant buildings…”. Condition #13 was placed on the project as a way to ensure all phases were completed and the overall project was finalized in a manner that met the expectations of the City and City Council. The construction of the commercial and residential components of the project are progressing on schedule and as anticipated. However, due to the unfortunate circumstances of the COVID-19 pandemic and the impact it’s having on the hotel/hospitality industry has caused an inability for the hotel owner to secure funding and proceed with construction. The delay with the construction of the hotel and the subject condition of approval has put DR Horton in a unique position that is out of their control. The residential construction is progressing as planned with over 230 residents throughout the community. To date, over additional homes, not yet completed, have been sold and will be ready for occupancy with the next few months. According to DR Horton, a modest projection of ongoing sales and construction will put them at the threshold of 342 homes ready for occupancy by the end of June of this year. The hotel is likely a 10 to 14-month construction project. If construction commenced this month, the hotel would not be complete and ready for occupancy until November/December of 2021 at the earliest, several months after DR Horton anticipates being ready to close their 342nd home. DR Horton does not have control over the hotel component of the overall project nor their anticipated schedule. Additionally, the hotel owner does not have control over the restrictions or progress towards financial institution’s willingness to provide investment/lending opportunities. The City has discussed the status of the hotel project with the owner on several occasions and believes the owner remains eager to move forward with the project. According to the hotel owner, there have been several attempts to work with different financial lending companies, each request ended with the same negative result. The hotel owner intends to pursue funding and hopes to move forward with the project. 010 PLANNING COMMISSION STAFF REPORT DESIGN REVIEW MODIFICATION DRC2020-00482 – DR HORTON January 27, 2021 Page 3 Based on this information, staff believes DR Horton is in a difficult position that is out of their control and could potentially lead to the progress residential of the component of the project slowing down and/or stopping completely. The applicant is requesting that the subject condition of approval be stricken in its entirety. The other existing conditions of approval will remain in place and will continue to apply. No additional changes to the project are included with this request. EXHIBITS: Exhibit 1. Resolution No. 21-08 011 RESOLUTION NO. 21-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DESIGN REVIEW DRC2020-00482, A REQUEST FOR A DESIGN REVIEW MODIFICATION TO SUBTPM 19762, SUBTTM 20032, DRC2016-00449, DRC2016-00450, DRC2016-00451, DRC2016-00452, DRC2016-00508 BY MODIFYING THE CURRENT CONDITIONS OF APPROVAL WITH THE REMOVAL OF CONDITION #13 THAT PLACES RESTRICTIONS ON THE RESIDENTIAL OCCUPANCY OF THE COMMUNITY. THE PROJECT SITE IS LOCATED AT THE SOUTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD – APN: 1090-695-90. A.Recitals. 1.DR Horton has filed an application for the approval of Design Review DRC2020-00482 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 January 27, 2021, 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 January 27, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a.The application applies to the property located at the southwest corner of Day Creek Boulevard and Base Line Road at APN 1090-695-90 with an area of roughly 30 acres and is currently approved for a mixed-use development consisting of 382 residential units, two commercial buildings totaling 12,000 square feet, and 71-room hotel. The site is bound by commercial shopping center to the north and east, and residential uses to the west and south; and b. The site has a General Plan land use designation of Mixed Use; and c.The application is a request to modify the existing conditions of approval applicable to current development project as described above by removing Condition #13 that restricts the number of residential occupancies until occupancy on the hotel and commercial pads are granted; and Exhibit 1 012 PLANNING COMMISSION RESOLUTION NO. 21-08 DESIGN REVIEW DRC2020-00482 – DR HORTON JANUARY 27, 2021 Page 2 d. The proposed removal of Condition #13 will not impact or alter the overall development, and will only allow the residential area of the project to maintain progress towards completion of construction and occupancy of units; and e. All other existing conditions of approval will remain effective and applicable to the project; and 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan. The General Plan land use designation for the project is Mixed Use, which provides for a wide range of residential and non-residential uses. The project was previously approved in 2016 and such approval will remain consistent with the General Plan even with the removal of Condition #13; and b. The proposed use is in accord with objective of the Development Code, and the purposes of the district in which the site is located. The previously approved project will not be altered and modified and will remain in accord with the mixed-use designation of the Development Code even with the removal of Condition #13; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code. The project meets all applicable development standards as required from the previous approval and will continue to meet such standards with the removal of Condition #13; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, and welfare, or materially injurious to properties or improvements in the vicinity. The proposed use is a compatible and complimentary to the existing surrounding developments where it is located, as it meets the intent and purpose of the General Plan Designation and Zoning District for the project site. All existing conditions of approval will remain effective and applicable to the project, with the exception of Condition #13 which has been stricken; and 4. Pursuant to the California Environment Quality Act (CEQA), a Mitigated Negative Declaration was adopted and approved in 2017 as part of the original project approval and was determined that the project would not have any significant impacts on the environment. The request to modify a condition of approval will not result in any significant impacts or additional impacts that weren’t previous addressed by the Mitigated Negative Declaration. Therefore, no further environmental review is required. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of the application to the City Council subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. 013 PLANNING COMMISSION RESOLUTION NO. 21-08 DESIGN REVIEW DRC2020-00482 – DR HORTON JANUARY 27, 2021 Page 3 APPROVED AND ADOPTED THIS 27TH DAY OF JANUARY 2021 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony Guglielmo, Chairman ATTEST: Anne McIntosh, AICP, Secretary I, Anne McIntosh, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of January 2021, by the following vote- to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: 014 Conditions of Approval Community Development Department Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions CCR's shall be submitted and reviewed prior to Building Permit issuance. In addition to the CCR's, a parking management plan shall be included with the CCR's that shall include provisions for managing, inspecting and enforcement procedures to ensure that all garages are kept free and clear to provide adequate area to store 2 cars. 1. Plans submitted for plan check shall incorporate all conditions of approval from the Design Review Committee. 2. Final design of all architectural details, including, but not limited to, rafter tails, recesses, braces, awnings, recessed niches and similar architectural features, shall be subject to City Planner review and approval during plan check. Architectural elements shown on the entitlement plans that convey wood elements shall either be real wood, foam, cementitious material or equivalent that reflects an authentic wood appearance; the use of metal for wood elements, including, but not limited to, braces, columns, beams, posts, headers, trellis elements or similar features is not permitted. 3. During grading activity, all construction equipment (= 150 horsepower) shall be California Air Resources Board (CARB) Tier 3 Certified or better. 4. Construct a minimum 6-foot high noise barrier for the outdoor living areas (first floor patios) of multi-family residential condos/townhomes, and hotel rooms with first floor patios, adjacent to Day Creek Boulevard and Base Line Road. 5. Construct a minimum 6-foot high noise barrier for the outdoor living areas (backyards) of the single-family residential homes adjacent to Day Creek Boulevard. 6. www.CityofRC.us Printed: 1/21/2021 015 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions Interior Noise Mitigation: Windows: All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have the following minimum sound transmission class (STC) ratings: Upgraded first, second, and third floor windows with a minimum STC rating of 30 are required for residential (single- and multi-family), hotel, and commercial buildings adjacent to Day Creek Boulevard and Base Line Road. All other buildings require standard windows with a minimum STC rating of 27. Doors: All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths-inch thick. Walls: At any penetrations of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar to form an airtight seal. Roof: Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one half inch thick. Ceilings shall be well fitted, fully sealed gypsum board of at least one-half inch thick. Insulation with at least a rating of R-19 shall be used in the attic space. Attic: Attic vents should be oriented away from Day Creek Boulevard and Base Line Road. If such an orientation cannot be avoided, then an acoustical baffle shall be placed in the attic space behind the vents. Ventilation: Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use and still receive circulated air. A forced air circulation system (e.g. air conditioning) or active ventilation system (e.g. fresh air supply) shall be provided which satisfies the requirements of the Uniform Building Code. 7. Prior to approval of grading plans and/or issuance of building permits, plans shall include a note indicating that noise-generating project construction activities shall only occur between the hours of 7:00 a.m. to 8:00 p.m. on weekdays, including on Saturdays, with no activity allowed on Sundays and holidays. 8. www.CityofRC.us Page 2 of 25Printed: 1/21/2021 016 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions Install minimum 12-foot high temporary construction noise barriers at the southern Project site boundary, as shown on Exhibit 11-A of the Noise Impact Analysis for the duration of construction activities at the project site. The noise control barriers must present a solid face from top to bottom. The noise control barrier must meet the minimum heights shown on Exhibit 11-A. • The barrier shall provide a weight of at least 4 pounds per square foot of face area with no decorative cutouts or line-of-sight openings between shielded areas and the noise source. The noise barrier shall be constructed using one of the following materials: o An acoustical blanket (e.g. vinyl acoustic curtains or quilted blankets) attached to the construction site perimeter fence or equivalent temporary fence posts; o Masonry block; o Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient weight per square foot; o Glass (1/4 inch thick), or other transparent material with sufficient weight per square foot; o Earthen berm; o Any combination of these construction materials satisfying a weight of at least 4 pounds per square foot of face area. • The noise barriers must be maintained and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or openings between the barrier and the ground shall be promptly repaired. • The noise control barriers and associated elements shall be completely removed and the site appropriately restored upon the conclusion of the construction activity. • During all Project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers’ standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. • The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receivers nearest the project site (i.e., to the center) during all Project construction. • The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (between the hours of 7:00 a.m. to 8:00 p.m. on weekdays, including on Saturdays, with no activity allowed on Sundays and holidays). • The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (between the hours of 7:00 a.m. to 8:00 p.m. on weekdays, including on Saturdays, with no activity allowed on Sundays and holidays). The contractor shall prepare a haul route exhibit and shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck-related noise. 9. The developer shall pay the current residential school facility fee plus the Etiwanda School District special tax. 10. www.CityofRC.us Page 3 of 25Printed: 1/21/2021 017 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions Transportation and Traffic: Project to restripe rightmost northbound through lane as a shared through-right turn lane and adjust signal timing splits at Day Creek Boulevard and Foothill Boulevard. Project to contribute fair share towards improvements at East Avenue and Base Line Road as part of the I-15 Freeway / Base Line Road Interchange Project. Payment will be collected through Development Impact Fees. 11. Tribal Cultural Resources: In the event that human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. The archaeologist shall contact Tribal communities for input regarding the preservation, retention and final disposition of any discovered cultural resources. The archaeologist shall prepare a mitigation plan and technical resources management report, which shall document the inventory, evaluation, and proposed mitigation of resources within the project area. In the event that significant Native American historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, an SOI-qualified archaeologist shall be retained to develop a cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan. 12. No more than 65% of the permits for the residential units (247 units) shall be issued unless building permits for the hotel and two restaurant buildings have been issued. Occupancy for the residential units shall be limited to 90% (342 units) until occupancy has been approved for the hotel and the two restaurant buildings. The applicant may seek to alter or remove this condition by way of a development agreement adopted in accordance with state law, provided that this condition shall not be construed to commit the city to approve a development agreement. 13. Security cameras shall be installed in the linear park along the south edge. Final design of the cameras, location and placement shall be subject to the review and approval by the Planning Department and the San Bernardino County Sheriff. The cameras shall be designed to connect to the Public Video Safety Network. 14. www.CityofRC.us Page 4 of 25Printed: 1/21/2021 018 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions Prior to final map recordation, the developer shall make a good faith effort to secure easement rights at the western boundary of the project site from the property owner for pedestrian access from the project through the utility corridor to the San Bernardino County Flood Control Access Road/Regional Trail. If access rights are secured, the developer shall install a pedestrian access gate subject to City Planner review and approval. 15. Prior to final map recordation, the parking agreement exhibit and language governing the use of parking stalls on the commercial parcels by the residential units under certain specified conditions shall be reviewed by the Planning and Engineering Department. 16. Standard Conditions of Approval As conditioned by the Design Review Committee, Villages A and D dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of Building Permits. 17. Standard patio cover plans for use by the Homeowner's Association shall be submitted for Planning Director and Building and Safety Official review and approval prior to issuance of Building Permits. 18. For the hotel and restaurant buildings, paint roll-up doors and service doors to match main building colors. 19. 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. 20. 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. 21. Approval of Design Review DRC2016-00450, Conditional Use Permit DRC2016-00449, Minor Exception DRC2016-00508, Uniform Sign Program DRC2016-00451,Tentative Tract SUBTT20032 and SUBTPM19762 is granted subject to the approval of Victoria Community Plan Amendment DRC2016-00452. 22. www.CityofRC.us Page 5 of 25Printed: 1/21/2021 019 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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. 23. 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 $2,266.25. 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. 24. Approval for Design Review, Conditional Use Permit, Minor Exception and Uniform Sign Program 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. Approval for Tentative Maps shall expire within 3 years unless the Final map has been filed with the Engineering Services Department is filed or a time extension has been approved. 25. For multi-family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 26. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 27. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 28. A minimum of 20 percent of trees planted within industrial projects, and a minimum of 30 percent within commercial and office projects, shall be specimen size trees - 24-inch box or larger. 29. A minimum of trees per gross acre, comprised of the following sizes, shall be provided within the project: percent - 48-inch box or larger percent - 36-inch box or larger, percent - 24- inch box or larger, percent - 15-gallon, and percent - 5 gallon. 30. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 31. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 32. www.CityofRC.us Page 6 of 25Printed: 1/21/2021 020 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along Day Creek Boulevard. . 33. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 34. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. 35. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 36. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 37. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. 38. All parking lot landscape islands shall have a minimum outside dimension of 6 feet.39. All parking spaces shall be 9 feet wide by 18 feet long with a required 1-foot overhang (e.g., over a curb stop). 40. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 41. 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. 42. 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. 43. 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. 44. 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. 45. www.CityofRC.us Page 7 of 25Printed: 1/21/2021 021 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval Access gates to the rear yards shall be constructed from a material more durable than wood gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 46. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 47. Construct block walls between homes (i.e., along interior side and rear property lines), rather than wood fencing for permanence, durability, and design consistency. 48. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 49. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Services Department and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of Building Permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 50. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and Engineering Services Department approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 51. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, the Development Code regulations and the Victoria Community Plan. 52. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 53. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of Building Permits. 54. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 55. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of Building Permits. 56. www.CityofRC.us Page 8 of 25Printed: 1/21/2021 022 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 57. 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. 58. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 59. 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. 60. 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. 61. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 62. The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 63. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108.64. 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. 65. www.CityofRC.us Page 9 of 25Printed: 1/21/2021 023 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24 inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 66. 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. 67. Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 68. Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 69. Provide preferential parking to high occupancy vehicles and shuttle services.70. Schedule truck deliveries and pickups during off-peak hours.71. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 72. Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 73. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 74. 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. 75. All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 76. All industrial and commercial facilities shall designate preferential parking for vanpools.77. www.CityofRC.us Page 10 of 25Printed: 1/21/2021 024 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 78. All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 79. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 80. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 81. 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. 82. www.CityofRC.us Page 11 of 25Printed: 1/21/2021 025 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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 500 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. 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. 83. www.CityofRC.us Page 12 of 25Printed: 1/21/2021 026 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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. 84. 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 Archaeological Information Center for permanent archiving. 85. www.CityofRC.us Page 13 of 25Printed: 1/21/2021 027 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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. 86. Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 87. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 88. Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 89. 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. 90. 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. 91. Trucks shall not idle continuously for more than 5 minutes.92. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 93. Construction should be timed so as not to interfere with peak-hour traffic.94. Ridesharing and transit incentives shall be supported and encouraged for the construction crew.95. 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. 96. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored “cool” roofs and cool pavements. • Install solar or light emitting diodes (LED’s) for outdoor lighting. 97. www.CityofRC.us Page 14 of 25Printed: 1/21/2021 028 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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. 98. 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. 99. 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. 100 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. 101 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. 102 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. 103 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. 104 www.CityofRC.us Page 15 of 25Printed: 1/21/2021 029 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 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. 105 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. 106 The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 107 Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 108 Business operations shall maintain a noise level at 60dB or less during the hours of 10 p.m. until 7 p.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 p.m. in a manner which would cause a noise disturbance to residential areas. 109 Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developers 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. 110 The perimeter block wall shall be constructed as early as possible in the first phase.111 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. 112 Engineering Services Department Please be advised of the following Special Conditions www.CityofRC.us Page 16 of 25Printed: 1/21/2021 030 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions Base Line Road frontage improvements shall be in accordance with City “Major Divided Arterial” standards as required and including: a. Protect, provide or replace curb and gutter, sidewalk, ADA ramps, driveway approaches, 5300 Lumen LED street lights, and signing and striping including bike lanes as required. The street light shall be owned by the City. Developer shall be responsible to coordinate and pay all costs to provide SCE power on City owned street lights. Coordinate with City staff for design and installation requirements. b. Right-of-way dedications shall be made to follow the City's Major Divided Arterial standards. c. Driveways shall be in accordance with the City Driveway Policy including minimum distances from intersections and other driveways, including adjustments to corner cutoffs for driveways. d. Applicant shall coordinate with the developer to the north (PM 19637) and enter into an annual maintenance agreement between both developers and the City for the proposed traffic signal on Base Line Road near the west end of the project. e. Parkway landscaping shall conform to the Base Line Road Beautification Master Plan. 1. 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 and gutter, sidewalk, ADA ramps, driveway approaches, 5300 Lumen LED street lights, and signing and striping including bike lanes as required. The street light shall be owned by the City. Developer shall be responsible to coordinate and pay all costs to provide SCE power on City owned street lights. Coordinate with City staff for design and installation requirements. b. Right-of-way dedications shall be made to follow the City's Major Divided Arterial standards. c. Driveways shall be in accordance with the City Driveway Policy including minimum distances from intersections and other driveways, including adjustments to corner cutoffs for driveways. d. No median breaks on Day Creek Boulevard. e. Parkway landscaping shall conform to the Day Creek Boulevard Beautification Master Plan. f. Provide all necessary traffic signal modifications at Day Creek Boulevard and Madrigal Place. Modify traffic striping and replace existing traffic signing as applicable. Protect, relocate, or install traffic signal equipment as required. g. No accent paving within the public right-of-way. 2. www.CityofRC.us Page 17 of 25Printed: 1/21/2021 031 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions Developer will be required to install or pay one-half the cost of median landscaping on Base Line Road with developer-to-developer reimbursement agreements with PM 19637. 3. Reconstruct access ramp at the southwest corner of Base Line Road and Day Creek Boulevard to comply with current ADA requirements. A detail will have to be added to the street improvement plan showing the design details, elevations, and grades of the access ramp to substantiate they comply with current ADA requirements. 4. Development Impact Fees are assessed at the time of building permit issuance. Fees are subject to change. 5. Base Line Road and Day Creek Boulevard Parkway Landscaping shall be maintained by the Homeowners’ Association and/or Property Owners Association. 6. Depending upon application and type of development, drive access may be drive aisles or private streets subject to different design criteria. 7. The proposed development is slated to be included in the City’s Fiber Optic / Broadband service business plan that would provide a City owned Fiber-to-the-Home (FTTH) infrastructure. Proposed fiber optics on-site (conduits and fiber) will be placed underground within a duct and structure system to be installed by the Master Developer. The fiber and conduits along the backbone streets shall be installed in a joint trench by the developer as the last lane improvements are completed. In-tract fiber and conduit shall be installed by the developers in joint trench where possible. Maintenance of the installed system will be the responsibility of the City. Development of the project requires the installation by the developers of all fiber optic infrastructure necessary to service the Project as a stand-alone development. In addition, developer shall coordinate with RCMU which may provide for high-speed internet services. 8. The proposed signalized access on both Base Line Road and Day Creek Boulevard shall be constructed as street types with access ramps and corner cutoffs. 9. The property benefited from CFD 2001-01 improvements but chose not to participate in the CFD. Resolution No. 01-066 was adopted by both the City and the Redevelopment Agency to implement the fair share payment required. The developer is required to pay back the advance, plus interest, at the time of development based on the fee schedule. If payment is made between March 1 and August 30, the March 1 payment for that year is applied. If the payment is made between September 1 and the end of February, then the September payment for that year is applied. The current payoff is $2,544,410.05. The payoff must be paid prior to final map recordation or prior to any City permits being issued, whichever occurs first. 10. No retaining walls shall be allowed within the public right-of-way.11. Standard Conditions of Approval Developer shall execute a Line Extension Agreement for electric service and construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility (RCMU) requirements. Developer shall dedicate such facilities to RCMU. RCMU shall be the electrical service provider for all project related development. 12. www.CityofRC.us Page 18 of 25Printed: 1/21/2021 032 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Install fiber optic conduit, vaults, and manholes on Day Creek Boulevard per City Standard Drawings 135-137. Public improvement plans shall show the location and limits of the conduits, vaults and manholes with construction notes. 13. An in-lieu fee as contribution to the undergrounding of the existing overhead utilities (telecommunications and electrical) on the opposite side of Base Line Road shall be paid to the City prior to issuance of building permits or approval of the final map, whichever occurs first. The fee shall be for the length of the Base Line frontage, from the west project boundary to the centerline of Base Line Road and Day Creek Boulevard. The fee amount shall be determined by the reimbursement agreement with the Developer to the north side of Base Line Road. Should the agreement not be approved prior to permits, the fee amount shall be one-half the City adopted amount. 14. Corner property line cutoffs shall be dedicated per City Standards.15. A signed consent and waiver form to join and/or form the appropriate Landscape (LMD 2) and Lighting Districts (SLD 1 & SLD 3) shall be filed with the Engineering Services Department prior to final map approval or issuance of Building Permits whichever occurs first. Annexation costs shall be borne by the developer. 16. 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. 17. 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. 18. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City.19. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map. 20. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 21. 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. 22. www.CityofRC.us Page 19 of 25Printed: 1/21/2021 033 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for: Base Line Road and Day Creek Boulevard. 23. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 24. The developer shall be responsible for the relocation of existing utilities as necessary.25. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 26. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 27. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 28. Building and Safety Services Department Please be advised of the following Special Conditions When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes & Local Ordinances. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC/CRC, NFPA 13, 13R, 13D and the Current RCFPD Ordinance. Disabled access for the site and building must be made to the in accordance to the State of CA and ADA regulations. 1. Grading Section Standard Conditions of Approval Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential 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. 1. 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. 2. 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. 3. www.CityofRC.us Page 20 of 25Printed: 1/21/2021 034 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 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. 4. 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 prior to the issuance of a grading or building permit. 5. 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. All dust control sign(s) shall be located outside of the public right of way. 6. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 7. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 8. Prior to issuance of a grading permit 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. 9. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 10. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 11. Prior to the issuance of a grading plan for multi-family projects, the private streets and drive aisles within multi-family developments shall include street plans as part of the Grading and Drainage Plan set. The private street plan view shall show typical street sections. The private street profile view shall show the private street/drive aisle centerline. 12. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 13. 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. 14. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 15. www.CityofRC.us Page 21 of 25Printed: 1/21/2021 035 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval This project shall comply with the accessibility requirements of the current adopted California Building Code. 16. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout “Information for Grading Plans and Permit”. 17. 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. 18. All roof drainage flowing to the public right of way (Daycreek Boulevard) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. This shall be shown on both the grading and drainage plan and Engineering Services Department required plans. 19. 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). This shall be shown in the typical sections of the grading and drainage plan. 20. 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. 21. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 22. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 23. Prior to approval of the project-specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 24. www.CityofRC.us Page 22 of 25Printed: 1/21/2021 036 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 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. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 25. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. This shall be shown on the grading and drainage plan prior to issuance of a grading permit. 26. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 27. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 28. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 29. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) 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 approval of the Water Quality Management Plan. 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. 30. 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. 31. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 32. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project-specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project-specific Water Quality Management Plan. 33. www.CityofRC.us Page 23 of 25Printed: 1/21/2021 037 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/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 (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 34. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis 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. 35. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 36. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 37. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP’s). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 38. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project-specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the “Inspection and Maintenance Responsibility for Post Construction BMP” section of the final project-specific water quality management plan. 39. www.CityofRC.us Page 24 of 25Printed: 1/21/2021 038 Project #: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to issuance of a grading permit the Final Project-Specific Water Quality Management Plan shall include a completed copy of “Worksheet H: Factor of Safety and Design Infiltration Worksheet” located in Appendix D “Section VII – Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, …” of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer’s recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors”. 40. Prior to approval of the final project-specific water quality management plan the applicant shall have a soils engineer prepare a project-specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. 41. The Tentative Parcel Map 19762 (SUBTPM19762) is the primary discretionary permit for the project. The final project-specific Water Quality Management Plan (WQMP) shall be prepared as a Phased WQMP for SUBTPM19762 and shall include all phases of the project. Construction of the storm water treatment structural devices may be constructed as construction progresses. Prior to issuance of a grading permit, either a precise or rough grading permit, the final project-specific water quality management plan shall be recorded. 42. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As-Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 43. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project-specific Water Quality Management Plan document. 44. www.CityofRC.us Page 25 of 25Printed: 1/21/2021 039 SUBJECT: TENTATIVE TRACT MAP SUBTT20295 – COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT – A review of a proposed subdivision of a property of about 1,166 acres into twelve (12) lots for sale and three (3) lettered lots to be retained by the project proponent, located within the Etiwanda Heights Neighborhood and Conservation Plan, located north of Banyan Street, east of Milliken Avenue, and west of Day Creek Boulevard – APNs: 0201-191-27; 0201- 272-15, -16, -17, and -18; 0225-091-05 and -06; 0225-092-01; 1074-351-01, - 04, -05, and -06; 1087-071-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, - 12, -13, 14, 18, -19, and -20. Pursuant to the California Environment Quality Act (CEQA), the City certified and Environmental Impact Report (EIR) on October 2, 2019 in connection with the City’s approval of Environmental Impact Report and General Plan Amendment DRC2015-00749, Etiwanda North Specific Plan Amendment DRC2015-00750, Zoning Map Amendment DRC2015-00752, Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) Specific Plan DRC2015-00751, Annexation DRC2015-00732, and Development Code Amendment DRC2019-00459. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required in connection with subsequent discretionary approvals of the same project. RECOMMENDATION: Staff recommends approval of Tentative Tract Map SUBTT20295 through adoption of the attached Resolution with Conditions of Approval. PROJECT DESCRIPTION AND BACKGROUND: The 1,166-acre project site is part of the 4,393-acre Etiwanda North Neighborhood and Conservation Plan (EHNCP) (the “Specific Plan”), which was adopted by the City Council on October 2, 2019 (Related Files: General Plan Amendment DRC2015-00749, Etiwanda North Specific Plan Amendment DRC2015-00750, Zoning Map Amendment DRC2015-00752, Etiwanda North Neighborhood and Conservation Plan DRC2015-00751, and Development Code Amendment DRC2019-00459). The Specific Plan extends from Haven Avenue, easterly to the City’s boundary with Fontana, and from the 210 Freeway, northerly into the San Bernardino National Forest boundary. The Specific Plan is comprised into two areas: A 3,603-acre Rural/Conservation Area primarily intended for open space retention, habitat conservation, and recreational access, and a 790-acre Neighborhood Area, primarily intended for residential/commercial development. The DATE: January 27, 2021 TO: Chairman and Members of the Planning Commission FROM: Anne McIntosh, AICP, Planning Director INITIATED BY: Mike Smith, Principal Planner Vince Acuna, Associate Planner 040 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT20295 – COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT January 27, 2021 Page 2 Neighborhood Area of the Specific Plan is further subdivided into nine sub-areas, which is intended to phase development and ensure the intended distribution of building types are constructed. The proposed subdivision encompasses the entire Neighborhood Area, and a southerly portion of the Rural/Conservation Area. The existing land uses, General Plan, and zoning designations for the project site and surrounding properties are as follows: Land Use General Plan Zoning Site Vacant EHNCP Planning Area EHNCP (Neighborhood Area, Sub Areas 1 through 9 and Rural/Conservation Area) North Vacant/Rural EHNCP Planning Area EHNCP (Rural/Conservation Area) South Single-Family Residential Low Residential Low Medium (LM) Residential District, Caryn Specific Plan, Los Osos High School Schools School (S) District 210 Freeway n/a n/a East Single-Family Residential Low Residential Low (L) Residential District, Etiwanda North Specific Plan West Single-Family Residential Very Low Residential Very Low (VL) Residential District Flood Control and Flood Control/ Utility Corridor Flood Control (FC) District, ANALYSIS: A. General: The project will subdivide the Specific Plan’s neighborhood area into 8 lots (Lots 1 through 7, and 9). These lots are intended to be developed or sold to various buyers, who will then develop the area. The entitlement applications for the various components of the Specific Plan’s neighborhood area will be submitted by each developer separately for review and action by the City at a later date. Development within all lots will be governed by the technical and design standards/guidelines described in the Specific Plan. The remaining lots (Lots 8, and 10 through 12) occurs in the Rural/Conservation area and is intended to be used primarily for conservation purposes, while the three lettered lots (Lots A through C) will be retained by the applicant for flood control use. No building construction is proposed in conjunction with this tentative tract map. The area of the proposed lots will range between approximately 5 acres and 275 acres. B. Design Review Committee: The proposed project is for the subdivision of the property only. The outcome of this project is the creation of separate lots and there are no design issues that require review by the Design Review Committee. Development within the Neighborhood Area is governed by standards and guidelines described in the Specific Plan. When the entitlement applications for the developments in the Neighborhood Area are submitted at a later date, staff will analyze them to verify compliance with the Specific Plan. These applications will be presented to the Design Review Committee for their consideration and recommendation to the Planning Commission. 041 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT20295 – COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT January 27, 2021 Page 3 C. Neighborhood Meeting: The proposed project is for the subdivision of the property only. Development within the Neighborhood Area is governed by the Specific Plan. The Specific Plan was subject to public review during a series of workshop/presentations conducted by the City. The outcome of this project is the creation of separate lots and there is no additional information of significance to convey that warrants a neighborhood meeting. D. Environmental Assessment: Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) on October 2, 2019 (SCH No.2017091027) in connection with the City’s approval of General Plan Amendment DRC2015-00749, Etiwanda North Specific Plan Amendment DRC2015-00750, Zoning Map Amendment DRC2015-00752, Etiwanda North Neighborhood and Conservation Plan DRC2015-00751 Development Code Amendment DRC2019-00459, and Annexation DRC2015-00732. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project will have new or more severe impacts than previously considered; and d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. FISCAL IMPACT: The proposed subdivision of the property will facilitate the sale of lots to developers to enable the development of the Specific Plan. The project site currently is assessed an annual property tax. A percentage of this annual tax is shared with the City. The development of each sub-area within the Specific Plan will increase the value of each respective site, and the City's annual share of the property tax will increase accordingly. The developers also will be responsible for paying one- time impact fees applicable to their separate, individual projects. These fees are intended to address the increased demand for City services. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks, and community and recreation services. The development of the Specific Plan during construction may increase construction-related employment and, following its completion, will increase employment due to new non-residential (e.g. commercial and office) uses, and may increase employment at surrounding existing and future businesses that will provide services to the residents of the overall project. Additionally, a positive fiscal impact for the City will occur through increased sales tax revenue generated by residents' patronage of local businesses. COUNCIL GOAL(S) ADDRESSED: The proposed subdivision of the property is the first step in the process of submitting entitlement applications for the development of the Etiwanda Heights Neighborhood and Conservation Plan, which when completed, will realize the City Council’s long-term objective of developing and preserving portions of the northeastern annexation area. 042 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT20295 – COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT January 27, 2021 Page 4 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. On January 20, 2021, staff received a phone call from a property owner nearby asking general questions about the proposal. Staff answered the inquirer’s questions to their satisfaction. EXHIBITS: Exhibit A - Vicinity Map Exhibit B - Project Plans Draft Resolution 20-06 of Approval for Tentative Tract Map SUBTT20295 043 N Exhibit A 044 Exhibit B045 RESOLUTION NO. 21-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT20295, A SUBDIVISION OF A PROPERTY OF ABOUT 1,166 ACRES INTO TWELVE (12) LOTS FOR SALE AND THREE (3) LETTERED LOTS TO BE RETAININED BY THE PROJECT PROPONENT, LOCATED WITHIN THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, LOCATED NORTH OF BANYAN STREET, EAST OF MILLIKEN AVENUE, AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0201-191-27; 0201-272-15, -16, -17, and -18; 0225- 091-05 and -06; 0225-092-01; 1074-351-01, -04, -05, and -06; 1087-071- 01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -13, -14, -18, -19, and -20. A. Recitals. 1. The County of San Bernardino Flood Control District filed an application for the approval of Tentative Tract Map No. 20295, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 27th day of January 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 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 January 27, 2020, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property of about 1,166 acres located north of Banyan Street, east of Milliken Avenue, and west of Day Creek Boulevard within the Etiwanda North Neighborhood and Conservation Plan; and b. The City Council approved General Plan Amendment DRC2015-00749, Etiwanda North Specific Plan Amendment DRC2015-00750, Zoning Map Amendment DRC2015- 00752, Etiwanda North Neighborhood and Conservation Plan DRC2015-00751 Development Code Amendment DRC2019-00459, and Annexation DRC2015-00732 for the purpose of establishing the Etiwanda North Neighborhood and Conservation Plan thus enabling development and conservation of roughly 4,393 acres north of the City; and 046 PLANNING COMMISSION RESOLUTION NO. 21-06 TENTATIVE TRACT MAP SUBTT20295 – COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT January 27, 2021 Page 2 c. The Specific Plan has an overall area of 4,393, and extends from Haven Avenue, easterly to the City’s boundary with Fontana, and from the 210 Freeway, northerly into the San Bernardino National Forest boundary. The subject properties are generally located at the middle to southern portion of the Specific Plan; and d. To the north of the project site is the Rural/Conservation Area of the Etiwanda North Specific Plan. To the south are single-family neighborhoods, Los Osos High School, and the 210 Freeway. To the east and west are single-family residences; and e. The subject property and properties to the north are within the Etiwanda Heights Neighborhood and Conservation Plan. The properties to the south are within the Caryn Specific Plan and the School (S) District. The properties to the east are within the Etiwanda North Specific Plan, and the properties to the west are within the Flood Control (FC), Low (L) Residential, Low Medium (LM) and Very Low (VL) Residential Districts; and f. The applicant proposes to subdivide the project site into twelve (12) lots and three (3) “lettered” lots. No building construction is proposed in conjunction with this tentative tract map; and g. The lots will be sold to various developers who will construct the single and multi- family residential units and non-residential buildings within the Neighborhood Area of the Etiwanda North Neighborhood and Conservation Plan; h. The entitlement applications for the various components of the Specific Plan will be submitted by each developer separately for review and action by the City at a later date. Development within all lots will be governed by the technical and design standards/guidelines described in the Etiwanda North Neighborhood and Conservation 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. That the tentative tract map is consistent with the General Plan, Development Code, and the Etiwanda North Neighborhood and Conservation Plan. The proposed project is to subdivide the project site into multiple lots which will be sold to allow the construction of single- and multi-family residential units and non-residential buildings consistent with the goals and policies of the General Plan and intent of the Etiwanda North Neighborhood and Conservation Plan; and b. The design or improvements of the tentative tract map is consistent with the General Plan, Development Code, and the Etiwanda North Neighborhood and Conservation Plan. The proposed project is only to subdivide the project site into twelve (12) lots and three (3) “lettered” lots. No building construction is proposed in conjunction with this tentative tract map; and c. The site is physically suitable for the type of development proposed. The individual entitlement applications for the various components of the Specific Plan will be 047 PLANNING COMMISSION RESOLUTION NO. 21-06 TENTATIVE TRACT MAP SUBTT20295 – COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT January 27, 2021 Page 3 submitted by developers separately for review and action by the City at a later date. Development within all lots will be governed by the technical and design standards/guidelines described in the Etiwanda North Neighborhood and Conservation Plan; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat. The proposed project is only for the subdivision of the project site into multiple lots. No building construction is proposed in conjunction with this tentative tract map. Mitigation measures described in the Environmental Impact Report (EIR) for the Etiwanda North Neighborhood and Conservation Plan will be implemented during the construction and operation of the project; and e. The tentative tract is not likely to cause serious public health problems. The proposed project is only for the subdivision of the project site into multiple lots. No building construction is proposed in conjunction with this tentative tract map. Mitigation measures described in the Environmental Impact Report (EIR) for the Etiwanda North Neighborhood and Conservation Plan will be implemented during the construction and operation of the project; 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. Easements for access through or use of the property within the project will be governed by local and State regulations and applicable technical and design standards/guidelines described in the Etiwanda North Neighborhood and Conservation Plan. 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), the City certified an Environmental Impact Report (EIR) on October 2, 2019 (SCH No.2017091027) in connection with the City’s approval of General Plan Amendment DRC2015-00749, Etiwanda North Specific Plan Amendment DRC2015-00750, Zoning Map Amendment DRC2015-00752, Etiwanda North Neighborhood and Conservation Plan DRC2015-00751, Development Code Amendment DRC2019-00459, and Annexation DRC2015-00732. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project will have new or more severe impacts than previously considered; and d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with Tentative Tract Map SUBTT20295, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated 048 PLANNING COMMISSION RESOLUTION NO. 21-06 TENTATIVE TRACT MAP SUBTT20295 – COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT January 27, 2021 Page 4 in the previously certified EIR. The application is the subdivision of the project site into twelve (12) lots and three (3) “lettered” lots. The lots will be sold to enable the future construction of the Etiwanda North Neighborhood and Conservation Plan. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. No building construction is proposed in conjunction with this tentative tract map. Development of the project will be governed by the technical and design standards/guidelines described in the Etiwanda North Neighborhood and Conservation Plan. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City’s consideration of the Tentative Tract Map SUBTT20295. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3 and 4 above, this Commission hereby approves the application subject to each and every condition set forth in the Conditions of Approval, 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 27TH DAY OF JANUARY 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony Guglielmo, Chairman ATTEST: Anne McIntosh, AICP, Secretary I, Anne McIntosh, AICP, 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 27th day of January 2021, by the following vote- to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: 049 Conditions of Approval Community Development Department Project #: SUBTT20295 Project Name: Tentative Tract Map 20295 Location: 5447 ETIWANDA AVE - 108708121-0000 Project Type: Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. 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. 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 or within 5 days of the date of project approval. 5. www.CityofRC.us Printed: 1/21/2021 050 Page 1 DATE: January 27, 2021 TO: Chairman and Members of the Planning Commission FROM: Anne McIntosh, AICP, Planning Director INITIATED BY: Jennifer Nakamura, Management Analyst II SUBJECT: MUNICIPAL CODE AMENDMENT DRC2021-00003 - CITY OF RANCHO CUCAMONGA - A request to amend Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to defer payment of public art in lieu fee from building permit issuance to final inspection. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA Section 15061(b)(3). This item will be forwarded to City Council for final action. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution recommending the City Council approve Municipal Code Amendment DRC2021-00003, providing a payment deferment option for the public art in-lieu fee. BACKGROUND: In 2017, the City adopted a public art ordinance to enhance the quality of life for city residents, workers, and visitors by improved public placemaking which will require certain developments to include or provide for public art or architecture that qualifies as art. Projects subject to the public art ordinance have three options to satisfy the public art requirement: 1) Provide art on the project site, 2) Donate art to the City or 3) Pay an in-lieu fee based on the minimum art value required for the project. The code requires options 1 and 2 to be satisfied prior to final inspection of the project site. If option 3 is chosen, the in-lieu fee is required to be paid prior to building permit issuance. ANALYSIS: Since 2017, project developers have utilized all of the three available options for satisfying the public art requirement. Project applicants who are choosing the in-lieu fee option have requested to defer payment of the in-lieu fee until final inspection, similar to options 1 and 2. They explained that paying the in-lieu fee at building permit issuance increases overall costs for the project, as they are often required to finance these fees and pay interest while the building is under construction. The code currently does not provide flexibility to accommodate such request. The proposed change will allow a project applicant to request payment deferral of the public art in-lieu fee from being required at building permit issuance to prior to final inspection. Staff has developed system checks to ensure that if payment is deferred, the developer will be prevented from requesting final inspection and certificate of occupancy until the deferred fees are paid in full. 051 Page 2 The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Development Code Amendment does not propose any physical change to the environment itself. The amendment provides an option to delay the timing of payment of a specific fee (public art in-lieu). Development applications subject to the public art ordinance development subject to these provisions will be reviewed for CEQA compliance under a separate entitlement. During the entitlement process, the applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site- specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Therefore, the amendment will not have a significant effect on the environment. FISCAL IMPACT: This proposed change does not impact the amount of the in-lieu fee collected, just the timing of when the fee is due. Collecting the fee later may reduce any interest gained on the monies over time, but that is expected to be minimal. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The proposed amendment embraces the City Council’s core values of working together cooperatively and respectfully with each other, staff and all stakeholders and continuous improvement. By listening to the concerns of the development community and being responsive to their concerns provides a better working relationship for future initiatives and goals. EXHIBITS: Exhibit 1. – Resolution 20-07 Exhibit 2. – Draft Ordinance 052 RESOLUTION NO. 21-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2021-00003, PROVIDING PAYMENT DEFERRAL OPTIONS FOR THE PUBLIC ART IN-LIEU FEE AND MAKING FINDINGS IN SUPPORT THEREOF A.Recitals. 1.The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2021- 00003, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application". 2.On January 27, 2021 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 the Planning Commission during the above-referenced public hearing on January 27, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a.General Plan Land Use Policy LU-14 identifies policies to support public art an as important amenity in the City. This amendment continues to advance the goal of providing public art through the provision of an in-lieu fee to be paid prior to project completion. 3.The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Development Code Amendment does not propose any physical change to the environment itself. The amendment provides an option to delay the timing of payment of a specific fee (public art in-lieu). Development applications subject to the public art ordinance development subject to these provisions will be reviewed for CEQA compliance under a separate entitlement. During the entitlement process, the applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site-specific project. On a case-by-case review of each project, the appropriate environmental document will Exhibit 1 053 PLANNING COMMISSION RESOLUTION NO.21-07 MUNICIPAL CODE AMENDMENT DRC2021-00003 - CITY OF RANCHO CUCAMONGA January 27, 2021 Page 2 be prepared to address project-specific impacts. Therefore, the amendment will not have a significant effect on the environment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00605 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JANUARY 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony Guglielmo, Chairman ATTEST: Anne McIntosh, AICP, Secretary I, Anne McIntosh, AICP, 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 27th day of January 2021, by the following vote- to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: 054 Draft Ordinance – Page 1 of 2 DRAFT ORDINANCE XXX AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE AMENDING PAYMENT REQUIREMENTS FOR THE PUBLIC ART IN-LIEU FEE, AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga, has prepared Municipal Code Amendment DRC2021-00003, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as “the amendment”. A.The City of Rancho Cucamonga, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California. B.On the 27th day of January, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, issued Resolution No. 21-xx, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. C.On the xth day of February 2021, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. D.All legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies and implementation programs. General Plan Land Use Policy LU-14 identifies policies to support public art an as important amenity in the City. This amendment continues to advance the goal of providing public art through the provision of an in-lieu fee to be paid prior to project completion. SECTION 3. Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Development Code Amendment does not propose any physical change to the environment itself. The amendment provides an option to delay the timing of payment of a specific fee (public art in-lieu). SECTION 4. Section 17.124.020.D of Chapter 17.124 (Design Provisions for Public Art) shall be modified as follows: Exhibit 2 055 Draft Ordinance – Page 2 of 2 D. In lieu of providing the art required by the preceding subsection C, the applicant may do either of the following: 1. Donate to the city art work that meets or exceeds the minimum value of the art work; subject to the provisions of section 17.124.030 of this chapter. 2. Prior to the issuance of a building permit, pay on a per unit basis, an in-lieu fee into the city’s public art trust fund, equal to the minimum value of the art work that would otherwise be included in the development project. The applicant may request deferral of payment of an in-lieu fee to a date no later than defined in subsection E. SECTION 5. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. 056