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Home My WebLink About1996/11/06 - Agenda PacketFire Protection District Agenda November 6, 1996 CORRECTED AGENDA SPECIAL MEETING 5:00 P.M. TAPIA CONFERENCE ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA A. CALL TO ORDER 1. Roll Call: Alexander Biane , Curatalo , Gutierrez , and Williams__ B. ADJOURNMENT MEETING TO RECESS TO EXECUTIVE SESSION TO DISCUSS LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE ANDREW ARCZYNSKI, ASSISTANT CITY ATTORNEY, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS RELATING TO THE FIRE UNION, FIRE SUPPORT AND FIRE MANAGEMENT GROUPS. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 31,1996, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Fire Protection District Agenda November 6, 1996 SPECIAL MEETING 5:00 P.M. TAPIA CONFERENCE ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA A. CALL TO ORDER 1. Roll Call: Alexander Biane , Curatalo , Gutierrez , and Willlares__ B. ADJOURNMENT MEETING TO RECESS TO EXECUTIVE SESSION TO DISCUSS LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 24, 1996, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, ~'~'~~ 'CITY COUNCIL., AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. November 6, 1996 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Gutierrez, Mayor Pro Tern Paul Biane, Councilmember James V. Curatalo, COuncilmember Diane Williams, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 477-2700 City Council Agenda November 6, 1996 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday of the week prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander Biane __, Curatalo Gutierrez , and Williams__ B. ANNOUNCEMENTS/PRESENTATIONS C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. Approval of Warrants, Register Nos. 10/16/96 and Payroll ending 10/17/96 for the total amount of $1,298,741.33. Alcoholic Beverage Application for On-Sale Beer and Wine for Willie & Pie Pizza Padour, W and P Pizza Parlor-A California Limited Partnership, 632 Haven Avenue, Suite 1. Approval to authorize the Advertising of the "Notice Inviting Bids" for the Arrow Route Street Improvements from the Burlington Northern Santa Fe Railroad Spur to 400 feet west of Milliken Avenue, to be funded from Transportation Systems Development, Account 22- 4637-9522 and SB140 Account No. 35-4637-9522. RESOLUTION NO. 96-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ARROW ROUTE STREET IMPROVEMENTS FROM THE BURLINGTON NORTHERN SANTA FE RAILROAD SPUR TO 400 FEET WEST OF MILLIKEN AVENUE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Agenda November 6, 1996 10. Approval to reject all bids for the Sports Park Pavilion Improvement Project as non-responsive to the needs of the City. Approval of extension of Comcast Cable T.V. Franchise. RESOLUTION NO. 91-012Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA Approval of an order to vacate Almond Avenue and Cherry Avenue south of Wilson Avenue. RESOLUTION NO. 96-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE VACATION OF ALMOND AVENUE AND CHERRY AVENUE SOUTH OF WILSON AVENUE Approval to execute a Drainage Acceptance Agreement for Etiwanda Intermediate School, located at the southeast corner of Etiwanda Avenue and Victoda Street, submitted by Etiwanda School District. RESOLUTION NO. 96-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRAINAGE ACCEPTANCE AGREEMENT FOR ETIWANDA INTERMEDIATE SCHOOL Approval to execute agreement (CO 96-053) with Mayer, Coble and Palmer for City Prosecution Services for Code Enforcement. Approval to execute amendment to Law Enforcement Services Contract (CO 94-017) for Fiscal Year 1996/97. Approval and execution of the amendment to Agreement (CO 94- 077) Distdct Agreement No. 8-924, N1, between the City of Rancho Cucamonga and the State of California for the Design and Construction of Traffic Signals and Safety Lighting on State Route 30 (19th Street) at Hermosa Avenue for an increase in matching funds due to revised cost estimates. 13 14 15 16 21 27 29 30 31 32 City Council Agenda November 6, 1996 11. 12. RESOLUTION NO. 96-144 A RESOLUTION Of THE CiTY COUNCIL Of THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF THE AMENDMENT TO AGREEMENT, DISTRICT AGREEMENT NO. 8-924, A/l, FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING ON ROUTE 30 (19TH STREET) AT HERMOSA AVENUE FOR AN INCREASE IN MATCHING FUNDS DUE TO REVISED CONSTRUCTION, PRELIMINARY ENGINEERING AND CONSTRUCTION ENGINEERING COST ESTIMATES. Approval of Map, execution of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Tract No. 15725, generally located on the south side of Terra Vista Parkway west of Belpine Place, submitted by Lewis Development Company, a California General Partnership. RESOLUTION NO. 96-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15725, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 96-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT MAP NO. 15725 Approval to accept Improvements, Release the Faithful Performance Bond and accept a Cash Deposit in lieu of a Maintenance Bond and file a Notice of Completion for CUP 95-15, located on the south side of Summit, between Etiwanda and East Avenues. Release: Faithful Performance Multiple Maturity Certificate of Deposit $ 98,000.00 Accept: Cash Deposit, Receipt #01-44761 9,800.00 Received 10-10-96 34 35 38 39 42 City Council Agenda November 6, 1996 RESOLUTION NO. 96-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR CUP 95-15, LOCATED ON THE SOUTH SIDE OF SUMMIT, BETWEEN ETIWANDA AND EAST AVENUES, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 13. Approval to release Maintenance Bonds for Terra Vista Parkway, Tract 13303. Release: Maintenance Bond $ 11,600.00 14. Approval to release Maintenance Bond for Tract 13890-2, located on the north side of Highland Avenue, south of Banyan Street and west of Deer Creek Canyon. Release: Maintenance Bond $ 17,800.00 4 43 44 45 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. CONSIDERATION OF AN ORDINANCE FOR THE RECOVERY OF COSTS FOR SECOND POLICE RESPONSES TO PARTIES ORDINANCE NO. 561 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 9.32 TO TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE RECOVERY OF COSTS FOR SECOND RESPONSES BY POLICE TO PARTIES AND OTHER ASSEMBLAGES 46 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A public hearing on the Final EIR for a request to add Big Box retail as a 49 City Council Agenda November 6, 1996 Conditionally Permitted Use on approximately 33 acres, including mitigation measures, a statement of overriding considerations, and a mitigation monitoring plan, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the I-15 Freeway- APN: 229-263-18 through 21,229-263-48 through 53; and 229-341-13. RESOLUTION NO. 96-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 12, ADDING WAREHOUSE-STYLE MERCHANDISING AS A USE AND THE ASSOCIATED STATEMENT OF OVERRIDING CONSIDERATIONS ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the I-15 Freeway- APN: 229-263-18 through 21,229-263-48 through 53, and 229-341-13. RESOLUTION NO. 96-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 AMENDING INDUSTRIAL AREA SPECIFIC PLAN TEXT TO ADD WAREHOUSE-STYLE RETAIL MERCHANDISING AS A USE FOR 73 ACRES OF LAND, LOCATED NORTH OF FOURTH STREET, EAST OF MILLIKEN AVENUE, AND WEST OF THE 1-15 FREEWAY IN SUBAREA 12 -APN: 229-263-18 THROUGH 21,229-263-48 THROUGH 53, AND 229-341-13 City Council Agenda November 6, 1996 CONSIDERATION TO EXTEND DEVELOPMENT AGREEMENT 88-02 ('CO 88-199) - STANDARD PACIFIC - A request to amend the termination date of the Agreement for Eljwanda Highlands (Tentative Tract 13564 and Tract 13565) for approximately 282 acres located at the nodheast corner of Wilson Avenue and Wardman Bullock Road. ORDINANCE NO. 562 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO AN EXISTING DEVELOPMENT AGREEMENT NO. 88-02 FOR ETIWANDA HIGHLANDS 50 55 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. CONSIDERATION TO APPROPRIATE $10,000 ($3,905 FROM FUND 20 AND $6,095 NET PROCEEDS FROM THE SKATE PARK FUNDRAISER), AND APPROVAL TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (CO 96-055) WITH PURKISS-ROSE-RSI FOR DESIGN SERVICES FOR THE SKATE PARK PROJECT 58 i. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. REPORT ON TRAFFIC CONDITIONS AT THE INTERSECTION OF BASE LINE ROAD AND EAST AVENUE 2. REPORT ON ANIMAL SHELTER OPERATIONS 61 62 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. City Council Agenda November 6, 1996 7 K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; VALLEY BASEBALL AND JERRY FULWOOD, DEPUTY CITY MANAGER, NEGOTIATING PARTIES; REGARDING TERMS OF PAYMENT. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October24, 1996, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. % ,0 C~ Z :1 I--c~ _J tL. ,j I I eeeeeeeeeeeeeeeeeeeleeeeeeeeeeeeel eeeeeeeeo U I 't' 0 e V I: A A A Z II I I II I I oe I I I I UJ I I~1 I i I I I I I I II II I'~,1 CALIIORNIA APPL I CATI ON FOR ALCOHOL BEVERAGE TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782--4400 DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? If premise licensed: Type of license DROPPING P;~)TN_~_ YES ....... LICENSE(S) File Number .............. 323418 Receipt Number ......... 1103794 Geographical Code ........ 3615 Copies Mailed Date 8-30-96 Issued Date RIVERSIDE WILLIE & PIE PIZZA PARLOUR CA 91730 6321 HAVEN AVE STE 1 RANCHO CUCAMONGA SAN BERNARDINO YES Transferor's names/license: WILLIE &PIE PIZZA PARLOUR 1 GP 195629 License Type Transaction Tv~ Fee TYpe Master DUo Date Fee 1.41 ON-SALE BEER AND W PERSON TO PERSON TRANS NA YES 0 AUG 30,1996 $150.00: 2.41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 AUG 30,1996 $205.00: 3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 AUG 30,1996 $78.00 : TOTAL S433 . 00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Act. or regulations of the Department pertaining to the Act? NO Explain any "Yes' answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date AUG 30,1996 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contenu thereof and that each of the above statements therein made are true; (3) that no ~:~erson other than the applicant or applicants has any direct or indirext interest in Ihe applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud ot injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. W AND P PIZZA PARLOR A CALIFORNIA LIMITED P Signed By: BRUNO, Lora LynrgLtd Ptnrshp ABC 211 (5/96) O 0 0 O CITY OF RANCHO CUCAiMONGA STAFF REPORT DATE: November 6, 1996 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE ARROW ROUTE STREET IMPROVEMENTS FROM THE BEINGTON NORTHERN SANTA FE RAILROAD SPUR TO 400' WEST OF MILLIKEN AVENUE, TO BE FUNDED FROM TRANSPORTATION SYSTEMS DEVELOPMENT, ACCOUNT 22-4637-9522 AND SB-140 35-4637-9522 RECOMMENDATION It is recommended that the City Council approve plans and specifications for the Arrow Route Street Improvements from the Burlington Northern Santa Fe Railroad Spur to 400' West of Milliken Avenue, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS The subject project plans and specifications have been completed by staff and approved by the City Engineer. The Engineer's estimate for construction is $73,827.00. Legal advertising is scheduled for November 7, 1996, and November 14, 1996, with the Bid opening at 2:00 PM on Tuesday November 19, 1996. Respectfully submitted, William J. O'Neil City Engineer WJO:LB:Is Attachment RESOLUTION NO. ~(49-/4,ZL- A ESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE ARROW ROUTE STREET IMPROVEMENTS FROM THE BURLINGTON NORTHERN SANTA FE RAILROAD SPUR TO 400' WEST OF MILLIKEN AVENUE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFOE, BE IT ESOLVED that the plans and specifications presented by the City ofRancho Cucamonga be and are hereby approved as the plans and specifications for the ARROW ROUTE STEET IMPROVEMENTS FROM THE BURLINGTON NORTHERN SANTA FE RAILROAD SPUR TO 400' WEST OF MILLIKEN AVENUE. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the ~vork specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the follo~ving words and figures to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bemardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, November 19, 1996, sealed bids or proposals for the ARROW ROUTE STREET IMPROVEMENTS FROM THE BURLINGTON, NORTHERN SANTA FE RAILROAD SPUR TO 400' WEST OF MILLIKEN AVENUE in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City ofRancho Cucamonga, California, marked, "Bid for Construction of ARROW ROUTE STREET IMPROVEMENTS FROM THE BURLINGTON, NORTHEPdN SANTA FE P~\ILROAD SPUR TO 400' WEST OF MILLIKEN AVENUE". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages Jr'or work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem ``rages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined-such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars (S50.00) for each laborer, `'vor'kman, or mechanic employed for each calendar day or portion thereol; if such laborer, work. man or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate ',,,'ill also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City ofRancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lo~vest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any xvork or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said ~vork. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together ~vith the expiration date, and be signed by the Contractor declaring, trader penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be ~.~rnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section %3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the ~vork contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 6th day of November, 1996. PASSED AND ADOPTED by the Council of the City of Rancho Cucan~onga, California, this 6th day of November, 1996. William J. Alexander, Mayor // ATTEST: Debbie J. Adams, City Clerk ADVERTISE ON: November 7 and November 14, 1996 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: By: SUBJECT: November 6, 1996 Mayor and Menlbers of the City Council Jack Lam, AICP, City Manager Williron J. O'Neil, City Engineer Michael D. Long, Supervising Public Works Inspector REJECT ALL BIDS' FOR THE SPORTS PARK PAVILION IMPROVEMENT PROJECT, AS NON-RESPONSIVE TO THE NEEDS OF THE CITY RECOMMENDATION It is recommended that the City Council reject all bids for tile Sports Park Pavilion Improvement Project as non-responsive to the needs of the City. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on October 10, 1996, for tile subject project. Staff has completed the required bid proposal review and has found minor discrepm~cies common to all bids submitted. Therefore, staff is recommending that all bids be rejected. The project consists of the construction of a pavilion type social area. Respectfully submitted, Willi~O,Neil~7'g~ City Engineer WJO:MDL:dlw Attachment _/ CITY OF RANCHO CUC~,~,IONGA STAFF REPORT DATE: November 6, 1996 TO: FROM: SUBJECT: Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane Baker, Assistant to the City Man~ EXTENSION OF COMCAST CABLE T.V. FRANCHISE RECOMMENDATION Adoption of Resolution No. 91-012Z extending Comcast's Franchise License for 90 days. BACKGROUND The City staff would appreciate the opportunity to continue with the negotiations with Comcast to insure that every opportunity has been made available to Comcast to obtain a Franchise License. DAB:jls Attachment RESOLUTION NO. 91-012Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA WHEREAS, the Franchise License granted to Corncast Cable T.V. by the County of San Bernardino and has been grandfathered into the City ofRancho Cucamonga; and WHEREAS, negotiations are ongoing between the City ofRancho Cucamonga and Comcast Cable T.V.; and WHEREAS, all terms and conditions of the current license will continue the same. NOW, THEREFORE, the City Council of the City ofRancho Cucarnonga does hereby resolve to extend the Franchise License for 90 days a~er the expiration of the current County of San Bernardino License. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 6, 1996 Mayor and Members of the City Council, William J. O'Neil, City Engineer Maria E. Perez, Assistant Engineer APPROVAL OF AN ORDER TO VACATE ALMOND AVENUE AND CHERRY AVENUE SOUTH OF WILSON AVENUE RECOMMENDATION: Staff recommends the City Council adopt the attached resolution ordering the summary vacation of Almond Avenue and Cherry Avenue south of Wilson Avenue to fulfill the City's portion of a land exchange ag-reement between the developer, the City and San Bernardino County Flood Control District and authorizing the City Engineer to sign the Quitclaim Deed for Almond Avenue and Cherry Avenue and to present same to the County Recorder to be filed for record. BACKGROUND/ANALYSIS: A Land Exchange Agreement between the Caryn Development Company, the City of Rancho Cucamonga and the San Bernardino County Flood Control District was approved by the City Council February 20, 1992. The agreement indicates that the City is to abandon surface and easement rights to Almond Avenue and old Cherry Avenue as seen on Exhibits "B" and "C". The related development project, Tracts 13566 and 13566-2, have been taken over by TMP Homes who has been conditioned to fulfill the land exchange agreement in place of the previous developer. On October 23, 1996, the Planning Commission, by consent agenda, determined the vacation conforms with the General Plan and made a finding thereof. Section 833 1 of the Streets and Highways Code states local agencies may summarily vacate a street or highway if it is unnecessary for present or prospective public use, for a period of five consecutive years has been impassable for vehicular travel and no public money was expended for maintenance. A copy of the Land Exchange Agreement is available in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO:MP:dlw k,~_ttachments CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ITEM: VACATION TITLE: VICINITY MAP EXHIBIT: "A" CITY OF RANCH0 CUCAMONGA ENGINEERING DIVISION AZ '1 ~,, L//,/,E f 55C. Z 7 \VILSON "~ TH 'FRAC'F I/'V S 2'7. //0. /8~ - 3~1o~rd- / See Exhibit B-2 RETAINED FOR COMMUNITY ,-TRAIL pURPOSES ITEM: VACATION TITLE: ALMOND AVENUE EXHIBIT: "B-I" CITY OF RANCHO CUGAMONGA ENGINEERING DIVISION See E.,chibit B-1 //q,,4,fl D/%dAA/_ ~ ITEM: VACATION TITLE: ALMOND AVENUE EXHIBIT: "B-2" /¢ WILSON AVENUE CITY OF RANCH0 CUCAMONGA ENGINEERING DIVISION ITEM: VACATION TITLE: CHERRY AVENUE EXHIBIT: "C" RESOLUTION NO. ~)Q~.-/4---~ A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMAPdLY ORDERING THE VACATION OF ALMOND AVENUE AND CHERRY AVENUE SOUTH OF WILSON AVENUE WHEREAS, by Chapter 4 Article 1, Section 8331, of the Streets and Highways Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate Almond Avenue south of Wilson Avenue, herein more particularly described; and WHEREAS, by Chapter 4 Article 1, Section 8333, of the Streets and Highways Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate Cherry Avenue south of Wilson Avenue, herein more particularly described; and WHEREAS, the City Council found all the evidence submitted that Almond Avenue south of Wilson Avenue is unnecessary for present or prospective public street purposes, it has not been used for more than five (5) consecutive years and no public money was expanded for maintenance of same; and WHEREAS, the City Council found all the evidence submitted that Cherry Avenue south of Wilson Avenue has been superseded by relocation and there are no other public facilities located within the easement. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: SECTION 1: That the City Council hereby makes its order vacating Almond Avenue and Cherry Avenue south of Wilson Avenue, as shown on map V-141, on file in the office of the City Clerk of the City ofRancho Cucamonga, which has been further described in a legal description and plat which is attached hereto, labeled Exhibit "B" and "C", and by this reference made a part hereof. SECTION 2: That the subject vacation shall be subject to the reservations and exceptions, if any, for any or all existing utilities on record, as directed by the affected utility companies. SECTION 3: That from and after the date the resolution is recorded, said Almond Avenue and Cherry Avenue south of Wilson Avenue no longer constitute public streets or easements. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. ,;/ EXIIIBIT "B" LEGAL DESCRIPTION ALMOND AVENUE ABANDONMENT SHEET I OF 3 A PARCEL OF LAND TO BE ABANDONED ACROSS THAT CERTAIN PROPERTY LYING WITHIN SECTION 27, TOWNSHIP I NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 27; THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 27 SOUTH 89°41'46' WEST 1290.00 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT- OF-WAY LINE OF ALMOND AVENUE AS DESCRIBED IN BOOK 'A" PAGE 215 OF DEEDS; THENCE ALONG SAID PROLONGATION AND SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°19'21. WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00° 19'21" WEST 3424.10 FEET TO A POINT IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 1-15 AS SHOWN ON A STATE OF CALIFORNIA RIGHT-OF-WAY MAP FILE NO. 915022; THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE SOUTH 50°45'32" WEST 77.83 FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID ALMOND AVENUE, THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00°19'21. EAST 1581.27 FEET TO THE BEGINNING OF A NON-TANGENT 1454.00 RADIUS CURVE CONCAVE NORTHERLY, A RADIAL THROUGH SAID BEGINNING BEARS SOUTH 05°37'28' EAST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 02°15'11" AN ARC DISTANCE OF 57.18 FEET; THENCE NORTH 00°18'01' EAST 1835.24 FEET; THENCE NORTH 20°15'33' WEST 21.36 FEET; THENCE NORTH 00°18'01. EAST 30.00 FEET TO A POINT IN A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE SAID NORTHERLY LINE OF SAID SECTION 27; THENCE ALONG SAID PARALLEL LINE NORTH 89°41'46" EAST 11.50 FEET TO THE TRUE POINT OF BEGINNING. /~~ 7/)~"~ 4131' DAVID ~~ILL~IAMS L.S. EXPIRATION DATE: 6130192 2442.183 I 9-3-9 I LG-183 r" / //.50' 50. oo T. Po. 8. N o~ 90 oo · . ~ NS~'d/',t&"E /~LMONO AVE. PER 8 00 K '~-1" ,,°G. 215 DE,'= O S, EXHIBIT 'B' EXISTING CITY INTEREST FOrt ALMOND AVENUE R/W, BOUNDARY · ~'1 '- ,~...~, .'~. PORTION OF EXISTING ALMOND ':'1 ~ , --, ...--' '~~A~ b,.,~",~.,I Av,:. TO .. ABANDONDED ~7.1, f,"' " 1454. dO' Hh,t, tl,h'. I '#ll~li#v*,,I,I Id.V (714) .J SHEET 2 OF 3 LEGEND (~'k ' CENTERLINE R/W EXISTING ALMOND AVE. (TO BE ABANDONED) RANCHO CUCAMONG;~, //. ~UL L OCt~ t~o~D ~ _.-/ ,~ AZ MOA/D ,4 V'E. ,~:. 2/5 P~=Eo5 iF,IG r; DAVID DATE 6/30.92 EXHIBIT 'B' EXISTING CITY INTEREST FOR ALMOND AVENUE SHEET 3 OF 3 EXIHBIT "C" LEGAL DESCRIPTION CItERRY AVENUE ABANDONMENT SHEET 1 OF 2 A 60.00 FOOT WIDE PARCEL, OF LAND TO BE ABANDONED ACROSS THAT CERTAIN PROPERTY LYING WITHIN SECTION 26 AND SECTION 27 TOWNSHIP I NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 27, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF SAID SECTION 27 SOUTH 00°19'20. WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00019'20" WEST 1320.14 FEET TO A POINT IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF RELOCATED CHERRY AVENUE AS DESCRIBED IN A DOCUMENT RECORDED AS INSTRUMENT NO. 80-008070 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE NORTHERLY TERMINUS OF THE EASTERLY SIDE LINE SHALL BE LENGTHENED OR SHORTENED TO TERMINATE ON A LINE PARALLEL TO AND 50.00 FEET SO~.TH OF THE NORTH LINE OF SAID SECTION 26 AND THE WESTERLY SIDE LINE SHALL BE LENGTHENED OR SHORTENED TO TERMINATE ON A LINE PARALLEL TO AND 50.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 27. THE SOUTHERLY TERMINUS OF SAID SIDE LINES SHALL BE LENGTHENED OR SHORTENED TO TERMINATE ON SAID NORTHWESTERLY RIGHT-OF-WAY LINE OF RELOCATED CHERRY AVENUE, AVID H ~r.I~4131 EXPIRATION DATE: 6~30/92 4131 '~t ~ ' te. s404e 2442.183 10/22/90 LG-183 ~,¢4 L~ 51=. ~ H o'le '~o"~ ~_3 2E~'x 26 P-.X~ellHG ., ~' No. 4131 DAVID H. WILLIA~~SI~- DATE, 6/30/92 CiTY P--3~TIF9 EAS~/vI6MT ~ I ~T t.l~/y:. I I ,rT,_~P, XlcjTIl'~ kl I / / LEGEND. CENTERLINE R/W, BOUNDARY. EXISTING CHERRY AVE. (TO BE ABANDONDEDI CO.'a Enllr~'rnt · Lan. d .$unvJ,Jn EXHIBIT 'C' EXISTING CITY INTEREST FOR CHERRY AVENUE SHEET 2 OF 2 DATE: TO: FROM: BY: SUBJECT: November 6, 1996 CITY OF RANCHO CUCAMONGA STAFF REPORT Mayor and Members of the City Council Jack Lain, AiCP, City Manger William J. O'Neil, City Engineer Phillip Verbera, Assistant Engineer APPROVAL OF A DRAINAGE ACCEPTANCE AGP, EEMENT FOl~. ETIWANDA INTER~MEDIATE SCHOOL, LOCATED AT THE SOUTHEAST CORNEP, OF ETIWANDA AVENUE AND VICTORIA STREET, SUBMITTED BY ETiWANDA SCHOOL DiSTPdCT I~,ECOMMENDATION It is reconuncndcd that the City Council adopt tile attached resolution accepting tile subject agreement and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS Etixvanda Intermediate School, located at the southeast corner of Etiwanda Avenue and Victoria Strcct, is being remodeled and street improvements being constructed on Victoria Street. As a result of tile street improvements a portion of the Victoria Street surface drainage will run off onto the school site. This is a temporary drainage condition that will exist ualtil a master pimpned storm drain line is constructed along Victoria Street in the distant future. The school district is submitting a Drainage Acceptm-~cc Agreement to agree to accept tile public drainage water discharged from Victoria Street. This agreement was reviewed and/or approved as to form by both the City Attorney and the District's Attorney. ,: Copies of tile agreement arc available in the City Clcrk's office. Rcspectfull~ submit~~,~ William J. ~ City Engineer WJO:PV:dlxv Attachn~cn ts HIGHLAND AVENUE LiJ D Z < Z < VICTORIA STREET /,~TIWANDA IN'IERMEDIA IE CHOOL SI 1E LLJ D Z t---=L~=t-a.=l:-~l=bl=l=t-=l--t -'t=l=l=t=.t=l=l--t--J=l=l--I=t-- I=IH ;t=l--I;:l=t=t-'.t=l=l= BASELINE ROAD ,,,/ NO SCALE CITY OF RANCH0 CUCAMONGA ENG~G DIVISION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRAINAGE ACCEPTANCE AGREEMENT FOR ETIWANDA INTERMEDIATE SCHOOL WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, has for its consideration A Drainage Acceptance Agreement executed on September 12, 1996, by Etiwanda school district Board of Trustees as developer, for the acceptance of public drainage water discharged from Victoria Street onto Etiwanda Intermediate School; and WHEREAS, the acceptance of such public drainage water described in said Drainage Acceptance Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to as Etiwanda Intermediate School; and WHEREAS, to meet the requirements established as prerequisite to approval and acceptance of Victoria Street Improvements said developer has offered the Drainage Acceptance Agreement submitted herewith for approval and execution by said City. NOW THEEFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: That said Drainage Acceptance Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Bill Makshanoff; Building Official CONSIDERATION OF A CONTRACT WITH THE LAW FIRM OF MAYER, COBLE AND PALMER FOR CITY PROSECUTION SERVICES FOR CODE ENFORCEMENT RECOMMENDATION: The City Council approve the attached contract with Mayer, Coble, and Palmer, a law firm, to provide prosecution services for the City of Rancho Cucamonga for code enforcement program. BACKGROUND / ANALYSIS: The City Council approved in the Fiscal Year 96-97 budget $15,000 for legal services for Code Enforcement. Staff is proposing that the City Council contract with a private law firm to assist staff in gaining Code compliance. In our search for this, we interviewed two firms; the Law Offices of Dapeer and Rosenblit; and Mayer, Coble, and Palmer, Attorneys At Law. Both of these firms have extensive experience providing this type of legal service for cities throughout Southern California and came highly recommended. The firm of Mayer, Coble and Palmer is recommended because of it's familiarity with the West Valley Courts in their role of City prosecution for the City of Upland. We anticipate the use of these legal services will resolve those protracted cases which have resisted voluntary compliance which will allow the Code Enforcement staff to be more effective in their use of time and resources in the field. This contract will provide legal services on a limited bases consistent with the budget for Fiscal Year 96-97, which was approved by the City Council. The City Attorney's office has reviewed and approved the proposed contract. s p e~ 1 y~~__~~ William N.. Makshanoff Building Official CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: FROM: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager APPROVAL OF AMENDMENT TO LAW ENFORCEMENT SERVICES CONTRACT WITH THE COUNTY OF SAN BERNARDINO RECOMMENDATION It is recommended that the City Council adopt the attached amendment to the Schedule "A" of the Law Enforcement Contract with the County of San Bernardino. The total amount of the contract amendment is $9,251,810 and is to be funded from account 01-4451-6028. BACKGROUND Schedule "A" is the financial portion of the contract which was discussed and included as part of the City Council's budget deliberations. This contract amendment includes the five new deputies received as part of the COPS grant. As this contract is consistent with the direction of the City Council in adopting the Fiscal Year 1996/97 budget, staff recommends approval of the contract amendment. Duane A. Baker Assistant to the City Manager /dab CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lain, AICP, City Manger William J. O'Neil, City Engineer Paul A. Rougeau, Traffic Engineer APPROVAL AND EXECUTION OF THE AMENDMENT TO AGREEMENT, DISTRICT AGREEMENT NO. 8-924, A/l, BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGItTING ON STATE ROUTE 30 (19TH STREET) AT HERMOSA AVENUE FOR AN INCREASE IN MATCHING FUNDS DUE TO REVISED COST ESTIMATES RECOMMENDATION It is hereby reconunended that the City Council adopt the attached Resolution and approve and execute the ,adnendment to Agreement, District Agreement No. 8-924, A/l, between the City of Rancho Cucmnonga a2~d the State of Califomia for the design and construction of traffic signals and safety lighting on State Route 30 (1 9th Street) at Hermosa Avenue and that a certified copy of the Resolution be sent to Caltrans along with the original copies of said Amendment. BACKGROUND/ANALYSIS The District Agreement provides for the design and construction of traffic signals and safety lighting as well as appurtenant street and traffic striping and marking changes at the intersection of State Route 30 (19th Street) at Hermosa Avenue and was approved and executed by City Council on October 19, 1994. The costs are proportioned with the State paying one half and the City the other half. The agreement also provides for sharing the cost of maintenance and operation of the signals and lighting. The revision would bring the City's and State's share of the work from $61,650 each to $97,270 each due to cost increases reflected in the revised cost estimate by the State. The added amount reflects cost increases since the last estimate for the work and the addition of emergency vehicle preemption CITY COUNCIL STAFF REPORT AMENDMENT TO AGREEMENT NO. 8-924, A/1 November 6, 1996 Page 2 equipment at the City's expense. Construction has already started under earlier provisions and is proceeding as expected. The City has budgeted its share of this project since FY 92/93 in Fund 12, TDA Article 8, Account No. 12-4637-8828 and has sufficient funds in the proposed FY 96/97 budget to cover the revised costs and contingencies, if any. Original copies of the original agreement and the mnendment are available in the City Clerk's office. Respectfully submitted, William ~//~7~Cf City Engineer WJO:PAR:JTH:sd Attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF THE AMENDMENT TO AGREEMENT, DISTRICT AGREEMENT NO. 8-924, A/l, FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING ON ROUTE 30 (19TH STREET) AT HERMOSA AVENUE FOR AN INCREASE IN MATCHING FUNDS DUE TO REVISED CONSTRUCTION, PRELIMINARY ENGINEERING AND CONSTRUCTION ENGINEERING COST ESTIMATES WHEREAS, the City Council of the City of Rancho Cucmnonga (hereinafter referred to as "City"), has for its consideration and execution, the Amendment to Agreement - District Agreement No. 8-924, A/l, for the design and construction of traffic signals and safety lighting on Route 30 at Hermosa Avenue; mad WHEREAS, the State of California, Department of Transportation, District Office 8, (hereinafter referred to as "State") processes and monitors State funded projects; and WHEREAS, the construction costs are revised to $97,270 for both City and State, and State will not furnish controller as previously agreed but will purchase Emergency Vehicle Pre- emption System which will be paid for by City; and WHEREAS, as a condition to payment of State funds for said project, the City shall approve and execute said Amendment to Agreement - District Agreement No. 8-924, A/1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA does hereby resolve as follows: Authorize the Execution of Amendment to Agreement - District Agreement No. 8-924, A/1 for design and construction of traffic signals and safety lighting on Route 30 at Hermosa Avenue. To authorize the Mayor to sign said An~endment and direct the City Clerk to attach a certified copy of this Resolution and for the return of the original copies of said amendment to the State of California Department of Transportation along with the certified copy of the Resolution. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 6, 1996 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manger FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: APPROVAL OF THE MAP, IMPROVEMENT AGREEMENT, LMPROVEMENT SECURITY, AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT NO. 15725, GEEELY LOCATED ON THE SOUTH SIDE OF TERRA VISTA PARKWAY \VEST OF BELPINE PLACE, SUBMITTED BY LEWIS DEVELOPMENT COMPANY, A CALIFORNIA GENERAL PARTNERSHIP RECOMMENDATION: It is recommended that the City Council adopt the attached resolutions approving Tract Map No. 15725, accepting the subject agreement and security, and ordering the annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4, and authorizing the Mayor and the City Clerk to sign said agreement; and authorizing the City Clerk to attest and the City Engineer to present the Tract Map to the County Recorder to be filed for record. BACKGROUND/ANALYSIS: Tentative Tract Map No. 15725, generally located on the south side of Tetra Vista Parkway west of Belpine Place, was approved by the Planning Commission on February 28, 1996, for a residential subdivision of 30 single family lots on 3.45 acres of land in the low-medium residential designation of the Terra Vista Planned Community. The Developer, Lewis Development Company, a California General Partnership, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: Labor and Materialmen Bond: Monumentalion: $92,467.56 $46,233.78 $3,900.00 CITY COUNCIL STAFF REPORT TR 15725 ~ LEWIS DEVELOPMENT COMPANY November 6, 1996 Page 2 Copies of the agreement and security, and the Consent and Waiver to Annexation form signed by the Developer are available in the City Clerk's office. Respectfully submitted, Willi~j.O,N5~/ City Engineer WJO:JAD:dlw Attachments VICINITY MAP PROJ...E._CT LOCATION /, "" CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO PROJECT- TR 15725 File: h:\Ibrms\','icmal~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15725, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 15725, submitted by Lewis Development Company, a California General Partnership, consisting of 30 lots, generally located on the south side of Terra Vista Parkway west of Belpine Place, was approved by the Planning Commission of the City of Rancho Cucamonga on February 28, 1996; and WHEREAS, Tract Map No. 15725 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, monumentation security has been provided; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security, by Lewis Development Company, a California General Partnership, as developer; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Tract Map No. 15725. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest; and that said Tract Map No. 15725 be and the san~e is hereby approved and authorizing the City Clerk to attest and the City Engineer to present same to the County Recorder to be filed for record. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT MAP NO. 15725 WHEREAS, The City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of Califomia, said special maintenance district 'known and designated as Landscape Maintenance District No. 4, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 4 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shoxvn in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT "A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 4 AND 4 LMD MAINTENANCE AREA .._ .: ", IILlllIA VISIA Ib\III(H;,Y '_' ' :.;4.;<.;+;.;4.~v,,', .... ', , . .w, . . . . , , , . · , __ ..'E+.' : .': ! l'.ue~'2. ........ \',' '1 _::_ '_:-;-'_'.iY ,:::Y°zt2i':.])'-)-~i.~:-., "-.'-:':~ ,: .: ',. ,.o · '. ", . . , t .......... CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO PROJECT- TR 15725 Filc: h:\fornts\assmm~ap EXHIBIT "B" WORK PROGRAM PROJECT: TRACT 15.725 STREET LIGHTS: NUMBER OF LAMPS Dist. 5800L 9500L 16,000L 22,000L 27,500L S1 ............... S4 4 ............ LANDSCAPING: Community Equestrian Trail Dist. D.G.S.F. L4 N/A Turf Non-Turf Trees S.F. S .F. Ea. 1,887 730 12 ASSESSMENT UNITS: Assessment Units Bv District Parcel DU S 1 S4 L4 N/A 30 30 30 30 Annexation Date: November 6, 1996 Form Date 11/16/94 4/ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Linda Beek, Jr. Engineer .,-,~,~ ACCEPTANCE OF IMPROVEMENTS, RELEASE THE FAITHFUL PERFORNIANCE BOND AND ACCEPT A CASH DEPOSIT IN LIEU OF A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR CUP 95- 15, LOCATED ON THE SOUTH SIDE OF SUMMIT, BETWEEN ETIWANDA AND EAST AVENUES RECOMMENDATION The required street improvements for CUP 95-15 have been completed in an acceptable manner and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to accept the Maintenance Bonds. BACKGROUND/ANALYSIS Cup 95-15, is located on the south side of Summit, between Etiwanda and East Avenues. Developer: Howard D. Chastain 830 Harbor Island Drive Newport Beach, CA 92660 Release: Faithful Performance Multiple Maturity Certificate of Deposit in the amount of $98,000.00 Accept: Cash Deposit in the amount of $9,800.00, Receipt No. 01-44761, received October 10, 1996 Respectfu/Ll~ubmitted, William J. ~ City Engineer WJO:LB:ls A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR CUP 95-15, LOCATED ON THE SOUTH SIDE OF SUMMIT, BETWEEN ETIWANDA AND EAST AVENUES, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of improvements for CUP 95-15, located on the south side of Summit between EtNvanda and East Avenues, have been completed to the satisfaction of the City Engineer; and, WHEREAS, a Notice of Completion is required to be filed, certifying NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino Countv. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 6, 1996 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer ~ j SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TERRA VISTA PARKWAY, TtL~CT 13303, IN THE AMOUNT OF $11,600 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond Number 2058218 for Tetra Vista Park~vay, Tract 13303. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Respectfully submitted, Willia~.O'Neil City Engineer WJO:LRB:ls Attachments CITY OF RANCHO CUCA~MONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Linda R. Beek, Jr. Engineer .~ RELEASE OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $17,800 FOR TRACT 13890-2, LOCATED ON THE NORTH SIDE OF HIGHLAND AVENUE, SOUTH OF BANYAN STREET AND WEST OF DEER CREEK CANYON RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond Number 35M88192500 for Tract 13890-2, Located on the North side of Highland Avenue, South of Banyan Street and West of Deer Creek Canyon. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Respectfi.fily submitted, William J. O'Neil City Engineer WJO:LRB:Is Attachments ORDINANCE NO. 561 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADDING A NEW CHAPTER 9.32 TO TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO RECOVERY OF COSTS FOR SECOND RESPONSES BY POLICE TO PARTIES AND OTHER ASSEMBLAGES. The City Council of the City of Rancho Cucamonga does ordain as follows: Section 1. A new Chapter 9.32 hereby is added to Title 9 of the Rancho Cucamonga Municipal Code, to read, in words and figures, as follows: CHAPTER 9.32 Recovery of Costs for Second Responses by Police to Parties and Other Assemblages. 9.32.010 Recovery of Costs Authorized. 9.32.020 Costs Constitute Debt. (A) (B) 9.32.010. Recovery of Costs Authorized. Notwithstanding any other provision of this Code, the city shall be authorized to recover its costs incurred when any members of its police (sheriff's) department respond a second time within a twenty-four (24) consecutive hour period to any party or other assemblage of persons within the city if: The owner and/or other adult person in possession of the premises has, at the time of the first response, been delivered a written notice as hereinafter described or such written notice has been posted as authorized herein; and o There is probable cause by police to believe that a violation of Penal Code § 407, § 415 or § 416 has occurred on the premises any time after first responding. The written notice required to be provided shall state words to the effect that a warning is hereby given that if police (sheriff) respond again within twenty- four (24) hours thereafter, such second response may be deemed to be a special security assignment over and above the law enforcement services normally provided, and the owner and/or other adult person in possession of the premises shall be liable for payment of all costs incurred by the City of Rancho Cucamonga, including administrative costs and overhead, in providing such law enforcement services. Ordinance No. 561 Page 2 (c) If no owner or adult person in charge of the premises can be located or identified at the time of the first response, the written notice required herein may be posted in any visible outdoor location near any entrance to the premises. In such event, the owner and any other adult person in possession of the premises at the time of the response by police (sheriff) may be held jointly liable for the costs of such second response, as provided herein. 9.32.020. Costs Constitute Debt. The costs provided for herein shall be computed by city and shall be forwarded in the form of an invoice to the owner and/or adult person in possession of the premises at the time of the police responses, and shall constitute a debt recoverable as a debt due and owing on a written contract. In the event city is required to institute any legal proceeding to recover such costs, it shall be entitled to additionally collect all costs, including attorney's fees, incurred as a result thereof. Section 2. If any section, subsection, sentence, clause, phrase or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or word thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. Section 3. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this 6th day of November, 1996. AYES: NOES: ABSENT: William J. Alexander, Mayor Ordinance No. 561 Page 3 ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 16th day of October, 1996, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of November, 1996. Executed this 7th day of November, 1996, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk CITY OF RANCH0 CUCAiMONGA MEMORANDUM DATE: October 23, 1996 TO: M yor and Members of City Council J ck Lam, AICP, City Manager FRO rad Buller City Planner B . ~ Bratt, ssoc~ate Planner SUBJECT: CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A public hearing on a Final EIR for a request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, including mitigation measures, a statement of overriding considerations, and a mitigation monitoring plan, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the I-15 Freeway- APN: 229-263-18 through 21,229-263-48 through 53; and 229-341-13. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the M5 Freeway- APN: 229-263-18 through 21,229- 263-48 through 53, and 229-341-13. The Staff report for this item will be delivered under separate cover by October 31, 1996. The delay is needed in order to complete the environmental requirements; specifically, to resolve the Dehli Sands Flower Loving Fly issue raised by the U.S. Department of Fish and Wildlife. Staff anticipated a field meeting with U.S.F.W., but because of scheduling conflicts, such a meeting has not occurred. Due to completion of a Delhi Sands Flower Loving Fly Habitat Conservation Plan, it may be possible to resolve the issue by October 24, 1996. BB:MB:taa F' CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Bullet, City Planner Dan Coleman, Principal Planner CONSIDERATION TO EXTEND DEVELOPMENT AGREEMENT 88-02 - STANDARD PACIFIC - A request to amend the termination date of the Agreement for Etiwanda Highlands (Tentative Tract 13564 and Tract 13565) for approximately 282 acres located at the northeast corner of Wilson Avenue and Wardman Bullock Road. RECOMMENDATION The Planning Commission recommends approval. BACKGROUND These two Tentative Tracts were approved by the County of San Bernardino in 1987. This Development Agreement was approved by the City Council and entered into as of January 7. 1989. The Development Agreement terminates on October 5, 1996 (eight years after recordation of the first final map for Phase 1) per Section 2.2. The first map was recorded on October 5, 1988. ANALYSIS Staff has analyzed the proposed amendment. The applicant is requesting a ten-year extension. Standard Pacific has been diligently pursuing completion of the tracts; however, build out was delayed because of the slowdown of the housing market in the early '90s. Based upon their continuing efforts to complete the project, staff believes the amendment is appropriate. In 1992, the City adopted the Etiwanda North Specific Plan which established detailed architectural and design guidelines. Standard Pacific has been voluntarily complying with these guidelines. Staff believes it would be appropriate to add a condition to the development Agreement requiring compliance with the Etiwanda North Specific Plan. CORRESPONDENCE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices were mailed to all property owners within a 300 foot radius of the project site. PI City anner Attachments: Exhibit "A" - Planning Commission Staff Report Dated October 9, 1996 Exhibit "B" - Planning Commission Resolution No. 96-62 Ordinance Amendment No. 1 to Development Agreement 88-02 F CITY OF RANCHO CUCAtMONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: October 9, 1996 Chairman and Members of the Planning Commission Brad Buller, City Planner Dan Coleman, Principal Planner DEVELOPMENTAGREEMENT 88-02 - STANDARD PACIFIC - A request to amend the termination date of the Agreement for Etiwanda Highlands (Tentative Tract 13564 and Tract 13565) for approximately 282 acres located at the northeast corner of Wilson Avenue and Wardman Bullock Road. BACKGROUND: These two Tentative Tracts were approved by the County of San Bernardino in 1987. This Development Agreement was approved by the City Council and entered into as of January 7, 1989. The Development Agreement terminates on October 5, 1996 (eight years after recordation of the first final map for Phase 1) per Section 2.2. The first map was recorded on October 5, 1988. ANALYSIS: Staff has analyzed the proposed amendment. The applicant is requesting a ten-year extension. Standard Pacific has been diligently pursuing completion of the tracts; however, build out was delayed because of the slowdown of the housing market in the early '90s. Based upon their continuing efforts to complete the project, staff believes the amendment is appropriate. In 1992, the City adopted the Etiwanda North Specific Plan which established detailed architectural and design guidelines. Standard Pacific has been voluntarily complying with these guidelines. Staff believes it would be appropriate to add a condition to the development Agreement requiring compliance with the Etiwanda North Specific Plan. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices were mailed to all property owners within a 300 foot radius of the project site. RECOMMENDATION: Staff recommends that the Commission adopt the attached Resolution recommending approval of the amendment to the City Council. Respectfully submitted, ity Planner BB:DC:mlg Attachments: Exhibit "A" Approved Master Plan Exhibit "B" Letter from Applicant Resolution Recommending Approval Amendment No. 1 to Development Agreement 88-02 TRACT 13564. TOTAL LOTS '182 TRACT 13565 TOTAL LOTS 364 P R 0 J E C T :.,.7,~,)A,}S 1N G S;~ 8£RHA~.~INO COUI'fT~ CA.LIFORN'IA PLAN ETIWA.NDA ~' SAN SEVAINE pLANNtNG AREA: TH~ CARYM CQMPA~'~ REV. 6/'88 RE¥. 9/88 STANDARD PAC]:FIC OF OI:LA, NGE COUNTY August 28, 1996 Dan Coleman Principal Planner City Of Rancho Cucamoga 10500 Civic Center Drive Rancho Cucamoga, CA 91730 4UG 2 9 1896 city of F~ancho C Planning DivTZoa:tonga RE: Development Agreement Extension Tract 13564 & 13565 Dear Dan: Enclosed is the Development Agreement Extension application ti:>r Tracts 13564 and 13565. As we discussed pre`.'iously, Standard Pacific requests an extension to our Development Agreement Ord. 348 so that we mav continue developing both tracts noted above. Standard Pacific originally purchased Tract 13565 in 1988. Since then v,'e have continued to de`,'elop this site. Unfortunate[>' vAth the slow down in the housing market in the early 90's, the buildout of the project has been at a slower rate than expected. Ho`.vever, the past fev.' ,,'ears have shown a pickup in this market area and we are experiencing improved sales. In 1994, Standard Pacific also purchased 182 lots north of the SCE easement known as Tract 13564. Prior to our purchase, this project was near tbreclosure, and the City `,`,'as concerned with the impact of the failed property to the proposed Community Facilities District 88-2 (CFD-88-2). \\'hen Standard Pacific purchased Tract 13564, we took on the increased tax obligation and provided the City and the future municipal bond investors with the confidence that the projects would be completed. As a result, the city moved forward with the issuance of bonds for CFD 88-2. [t is our intent to move tbr~vard v/ith the development of tract 13564 ~vithin the next nine to twelve months. We ,.viII also continue developing our current housing program in Tract 13565. Standard Pacific greatly appreciates the opportunity to work with the City of Rancho Cucamonga to amend this agreement. Should you have an>' questions, please feel free to call me. Sincerely Yours, Project Manager cc/Bill FishceI 1565 West Mac.-',.Fthur Boulevard Costa .Mesa. Calitbmia 92526.714,'668-4300 RESOLUTION NO. 96-62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 88-02, FOR ETIWANDA HIGHLANDS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Etiwanda Highlands has filed an application for Amendment No. 1 to Development Agreement No. 88-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On the 9th day of October 1996, 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. Therefore, pursuant to Section 65868 of the California Government Code. the Planning Commission recommends approval of Amendment No. 1 of Development Agreement 88-02 as attached hereto as Exhibit "1." 3. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF OCTOBER 1996 /~ O ISSION OF TH CITY OF RANCHO CUCAMONGA BY: In ' ATTEST:/~~ I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of October 1996, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, NACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO AN EXISTING DEVELOPMENT AGREEMENT NO. 88-02 FOR ETIWANDA HIGHLANDS A. Recitals. follows: The California Government Code Section 65868, now provides, in pertinent part, as A Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. 2. On January 7, 1989, the parties hereto entered into a Development Agreement concerning a residential development, "Etiwanda Highlands," (hereina~er referred to as "the Agreement"). 3. The original developer, Caryn Development Company, was succeeded by Standard Pacific Corporation. 4. Standard Pacific Corporation has requested Amendment No. 1 to Development Agreement No. 88-02, as described in the title of the Ordinance. Hereina~er, in this Ordinance, the subject Amendment is referred to as the "request." 5. On October 9, 1996, the Planning Commission of the City of Rancho Cucamonga conducted a fully noticed public hearing and recommended approval of this request. 6. On , the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the request. 7. All legal prerequisites prior to the recordation of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: 1. This Council specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance oare true and correct. 2. Therefore, pursuant to Section 65868, of the California Government Code, the City Council approves Amendemnt No. 1 of the Development Agreement 88-02 as attached hereto as Exhibit "1 ." 3. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA WHEN RECORDED, RETURN TO: CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga. CA 91730 Attn: Debbie Adams AMENDMENT NO. I TO DEVELOPMENT AGREEMENT 88-02 THIS FIRST AMENDMENT TO THAT DEVELOPMENT AGREEMENT ENTERED INTO ON JANUARY 7, 1989 ENTERED INTO BY AND BETVVEEN CARYN DEVELOPMENT COMPANY AND THE CITY OF RANCHO CUCAMONGA A. Amendment. 1. Section 2.2, Term, is hereby amended to read as follows: 2.2 Term. The term of this Agreement shall commence on the Effective Date and shall, unless sooner terminated or extended as hereina~er provided, terminate on October 5, 2006. 2. Section 4.3, Design Review of Project, is hereby amended to read as follows: 4.3 Design Review of Project. In order to implement the density, allocation and height provisions herein specified, Developer shall follow the applicable design review procedures of the City. In addition to the design review procedures contained in the City Development Code, the City's "Etiwanda North Specific Plan Design Guidelines" shall be used in the design and review of all development within the Property. 3. Exhibit "D" is hereby deleted in its entirety. 4. Other than as specifically amended hereby, the Agreement and each and every term and provision thereof, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 1 to this Agreement as of the dates set forth below opposite the name of each such party. CITY OF RANCHO CUCAMONGA Dated: By William J. Alexander, Mayor Dated: By. Debra J. Adams, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF RANCHO CUCAMONGA ) On , before me, Jan Sutton, Deputy City Clerk of the City of Rancho Cucamonga, personally appeared William J. Alexander. Mayor, and Debra J. Adams, City Clerk, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Jan Sutton, Deputy City Clerk City of Rancho Cucamonga STANDARD PACIFIC CORPORATION By: Date: Title: STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ) SS. On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared and proved to me on the basis of satisfactory evidence to be the person who executed this instrument as of STANDARD PACIFIC CORPORATION and acknowledged to me that such officer is authorized to execute on behalf of such corporation. WITNESS My hand and official seat. DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 6, 1996 Mayor and Members of the City Council Jack L.am, AICP, City Manager Joe O'Neil, City Engineer Karen McGuire-Emery, Associate Park Planner APPROVAL TO APPROPRIATE $10q000 ($3,905 FROM FUND 20 AND $6q095 NET PROCEEDS FROM THE SKATE PARK FUNDRAISER), AND APPROVAL TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PURKISS-ROSE-RSI FOR DESIGN SERVICES FOR THE SKATE PARK PROJECT RECOMMENDATION That the City Council appropriate $10,000 ($3,905 from Fund 20 as a project "loan" and $6,095 from net proceeds of the skate park fundraising), and approve the execution of a Professional Services Agreement with Purkiss-Rose-RSI for the skate park design project. BACKGROUND At the October 16, 1996, City Council meeting, Active Ride Shop presented the City with a check for $6700, to be applied to the Community Skate Park Fund for the purposes of providing a pilot skate park in the City of Rancho Cucan~onga. This money was collected from a fundraiser held on September 21, 1996, at the Epicenter Expanded Parking Lot. In addition, at that same meeting, the Park and Recreation Commission made a presentation to Council recoxrm~ending that Spruce Park be considered as a pilot project site (see attached exhibits); that an architect be retained for the project and a design completed by the end of FY 1996-97 and, in addition, that Council appropriate matching funds, as a loan to be paid back from future fundraising events, for the purpose of hiring the design consultant. Since that meeting, staff has negotiated a proposal from Purkiss-Rose-RSI, in the mount of $ 1 0,000 to design the skate park project. This ~m~ has completed a long list of highly successful skate park projects throughout the west coast, including most recently, skate parks for the cities of Claremont, Dianmnd Bar, and Palmdale. At the October 21, 1996, Park and Recreation Facilities Subcommittee meeting, the subconm~ittee concurred with the recomn~endation to appropriate the net proceeds from the fundraiser, as well as advance a "loan" for $3,905, to hire Purkiss-Rose-Rsi for design services in the amount of $10,000. Respect,. ly submittyd, WilliZ City Engineer CITY OF RANCH0 CUCAMONGA .~PRUCE AVE. PARK %_ FOOTHIll BLVD. ~ SPRUCE N AVENUF PAF~K :. VICINITY MAP ENGYNEERING DIVISION ExPrrRrr: A zE' o1: oe L._ I*'[".,I..,/ u..c: LU ,¢ W (J r z w .j m 4: I- Z 0 w c~ w w fr- O , CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer TRAFFIC CONDITIONS AT INTERSECTION AVENUE OF BASE LINE ROAD AND EAST RECOMMENDATION It is recommended conditions be observed when traffic stabilizes after opening of Etiwanda Avenue at Base Line on October 25, 1996 and Council action be based on an oral update to this report on November 6. BACKGROUND/ANALYSIS During the public comment portion of the October 16 City Council Meeting, a resident of Eti~vanda expressed concern about traffic conditions at Base Line and East Avenue. This seems to have been prompted by the increase in East Avenue traffic due to the temporary closure of Etiwanda Avenue at Base Line, which occurred on October 7, 1996. At the direction of the Council, conditions there have been investigated and this report prepared. At the time of this writing, Etiwanda Avenue is scheduled to reopen on October 25. This will have a major impact on East Avenue traffic and must be a factor in any assessment of conditions at Base Line and East. After the opening of Etiwanda, conditions at the East Avenue intersection can be properly investigated to determine if a short-term measure should be taken to cover the time until a four-way stop is installed by Caltrans in February. Caltrans is going to install the stop signs as part of a project to rebuild the bridge columns for earthquake safety. The Caltrans four-way stop installation will also include a four-way stop at the northbound I-15 on and off ramp intersection a short distance to the east, but not at the southbound ran~ps to the west. The installations will involve elaborate electrical warning lights which are required by the City of Fontana because of its high volume approach to the area. This equipment would in infeasible for Rancho Cucamonga to install for the short time before the start of the State work. The permanent solution to traffic conflict caused by increasing traffic here ~vill be a traffic signal. A signal ~vill be proposed in the 1997/98 budget and can be in operation by October 1997, assuming completion of the Caltrans work as scheduled. The signal has already been designed. An update on conditions will be given at the November 6 City Council Meeting after conditions can be adequately observed. City Engineer k,~JO:PAR:ls CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: FROM: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager UPDATE ON ANIMAL CARE FACILITY The first month of operation for the Animal Care Facility has been a success. month has seen tremendous community support as well as media support. The Opening on September 24, 1996, the Animal Care Facility has taken in 171 dogs and 210 cats to date. Of these animals, 78 dogs and 47 cats have either been adopted out to new homes or reunited with their owners. This is an adoption/return rate of 32.8%. Our goal is 100% and we will make great strides towards that goal with the help of the community, dedicated staff and volunteers. Part of the facility's success is due to people knowing of its existence. Prior to and since opening, the Animal Care Facility has been the beneficiary of articles in the San Bernardino Sun and the Inland Valley Daily Bulletin. An article also appeared in the last issue of the Grapevine and will be followed up by articles in the upcoming Grapevine. These articles have been about the facility's location, phone number, hours and volunteer opportunities. These written notices have also been followed by announcements on our PEG channel, RCTV-3. You might have seen one of these announcements which includes the picture of one of the puppies available for adoption. This publicity has been very helpful. To date, over 600 individuals have visited the facility and over 750 people have called to ask about animals and adoptions. I believe these numbers will increase as more people come into contact with facility through activities at the Epicenter or Adult Sports Complex. The location of the facility in such a public place is a definite benefit as it will increase awareness and adoptions. Other forms of outreach include a web page and appearances at community events. Thanks to our volunteers, the Animal Care Facility was able to gain a great deal of exposure at the Grape Harvest Festival. Volunteers brought a puppy to the booth at the Festival and answered questions as well as raised awareness about the Animal Care Facility, pet adoptions and humane education issues. This was the first of many community events to come. When the web page is completed, it will feature pictures of pets for adoption as well as volunteer opportunities. It will be just one more way for residents to get information on adopting a pet. ANIMAL CARE FACILITY UPDATE November 6, 1996 Page 2 As with other City operations, the paid staff is able to provide a basic level of service and the extra services that make the program superior are made possible by volunteers. The volunteers at the Animal Care Facility will provide services such as pet grooming, basic pet training, adoption counseling, and exercise for the animals. During the first month of operation, we have a had a few volunteers assisting us with animal grooming. However, the potential is much greater. We have on file the names of 30 other individuals who are ready to assist with their time and talent and this is just the beginning. The contract staff has used this first month to get their procedures worked out and to get used to the new facility. Now that they have their feet wet, they are prepared to begin orientation and training for the majority of volunteers. These orientations will be held on a regular basis and will help insure that the volunteer experience is a positive one for the volunteer and a beneficial one for the City and the animals. The first orientation is scheduled for the end of November 1996. Since opening, the Animal Care Facility has enjoyed success and support from the community and volunteers. This is just the beginning for this facility as the continued energy and support from the community propel it forward to even better service to our residents and the animals they love. ~~S~ L Duane A. Baker Assistant to the City Manager /dab City Council Agenda November 6, 1996 ADDENDUM I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They am not public hearing items, although the Chair may open the meeting for public input. CONSIDERATION OF REQUEST FROM VIP CLUB PRESIDENT DON CARROLL ON MATTERS RELATED TO THE SENIOR CENTER I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 1, 1996, seventy-two (72) hours pdor to the meeting per Government Code 54954.2 at 10500 CMc Center Drive. CITY OF P, ANCHO CUC,~,IONGA MEMORANDUM DATE: October 31, 1996 TO: FROM: SUBJECT: City Council Agenda Distribution Jan Sutton, Deputy City ClerX"'~,~ ....... Additional Staff Report ~/ Last week when the Council agendas for November 6, 1996 were distributed, it was indicated that the staff report for Item F1 under Public Hearings would be submitted under separate cover. Attached is the staff report to be inserted into your package starting with page 49. If you have any questions, please do not hesitate to contact me at extension 2009. /m attachment CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Miki Bratt, AICP, Associate Planner CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A public hearing on a Final EIR for a request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, including mitigation measures, a statement of overriding considerations, and a mitigation monitoring plan, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the 1-15 Freeway - APN: 229-263-18 through 21,229-26348 through 53; and 229-341-13. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the I-15 Freeway - APN: 229-263-18 through 21,229-263-48 through 53, and 229-341-13. RECOMMENDATION The Planning Commission recommends that the City Council certify the Environmental Impact Report, including adoption of the Facts for Finding, the Statement of Overriding Considerations for impacts which cannot be fully mitigated, and a Mitigation Monitoring Plan. The Commission also recommends approval of Industrial Specific Plan Amendment 95-05, a request to add Warehouse- style Retail Merchandising as a permitted use to portions of Subarea 12. BACKGROUND/ANALYSIS At its meeting on September 25.1996, the Planning Commission reviewed the subject application, heard public testimony, and voted 5-0 to recommend certification of the Environmental Impact Report and voted 5-0 to recommend approval of ISP Amendment 95-05 (Exhibit "1" - Staff Report, Exhibit "2" - Minutes of the Planning Commission meeting, Dated September 25, 1996, Exhibit "3" - Resolution 96-58). CITY COUNCIL STAFF REPORT ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA November 6.1996 Page 2 Specific Plan Amendment: The Commission approved Resolution 96-58 recommending approval of Industrial Specific Plan Amendment 95-05. The Commission noted that Fourth Street should be available for retail trade and that Warehouse-style Retail Merchandising is a good transitional use between the adjoining Industrial Park designation and the neighboring Ontario Mills regional retail center. Environmental Assessment: The Commission supported a Statement of Overriding Considerations because they felt that the benefits to the City's economic base, as well as local employment opportunities overshadowed the long term impacts on air quality and transportation which could not be fully mitigated. Also, the Commission directed staff to complete the response to the United States Fish and Wildlife Service (USFWS) comments regarding the Dehli-Sands Flower Loving Fly and other regionally present threatened or endangered species. Accordingly, staff forwarded comments to USFWS on October 24, 1996, thereby completing the required Responses to Comments on the Draft Environmental Impact Report as required by the California Environmental Quality Act. At the time of the Planning Commission hearing staff recommended meeting on the site with a representative of USFWS. However, a timely meeting could not be arranged. In the meantime, on October 22, 1996, The San Bernardino Sun newspaper reported that a Fly Conservation Plan had been completed focusing on occupied sites in the Agua Mansa area (Exhibit "4"). County staff confirms that the Plan identifies substantially contiguous areas offering sustainable habitat in the Agua Mansa area and does not involve any sites in the Rancho Cucamonga or Ontario area. Staff's letter response to the comment by the USFWS concluded that we believe this site is not suitable habitat for the Fly. The many reasons for staff's conclusion, include the absence of any identified occupied habitat in the area, as well as considerable distance from known occupied sites. Further, the intensive development of surrounding properties, including Ontario Mills, and the location of the 1-10 and 1-15 Freeways serve as barriers to Fly colonization. Also, the long term disruption of the native Dehli-sands soils by present and past vineyard agriculture, discing of the remainder of the site for fire prevention purposes, as well as disruption of the soils for installation of infrastructure for development, make it unsuitable as habitat. Finally, although field inspections indicated that a small area had revegetated with native plant species associated with the Fly, the aforementioned characteristics of the site make it reasonable to conclude that the site is not suitable habitat, therefore no mitigation is required. The full response to the USFWS is included in the Responses to Comments of the Draft Environmental Impact Report, Warehouse-style Retail Merchandising Center (Exhibit "5") FACTS FOR FINDINGS Based on the facts and conclusions stated above, the Commission determined that the required facts for finding could be made. The property is suitable for the uses permitted under the proposed Industrial Specific Plan Amendment in terms of size, shape, and access, as well as proximity, to existing retail uses. CITY COUNCIL STAFF REPORT ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA November 6, 1996 Page 3 The proposed amendment could not have a significant impact on surrounding properties in that the Warehouse-style Retail Use will be permitted on the subject side only upon adoption of a Master Plan through the Conditional Use Permit process in order to insure that a warehouse-style retail project will be compatible with adjoining industrial development. The proposed amendment is in conformance with the General Plan and the Industrial Area Specific Plan in that the Industrial Park designation already permits considerable retail uses. An Environmental Impact report has been prepared and mitigation measures identified which will reduce impacts to less than significant, except for long term cumulative impacts to air quality and transportation. The economic benefits of the project are considerable and outweigh impacts on the environment as set forth in the Statement of Overriding Considerations. CORRESPONDENCE This item has been advertised as a public hearing in the Inland Empire Daily Bulletin, the property has been posted, and notices were mailed to all property owners within 300 feet of the project site. CONCLUSION Two actions are before the Council. The first is a resolution certifying the adequacy of the Environmental Impact Report, including adoption of the Statement of Overriding Considerations and a Mitigation Monitoring Plan. The second is an Ordinance approving Industrial Area Specific Plan Amendment 95-05. BB:MB:taa Attachments: Exhibit "1" - Planning Commission Staff Report Exhibit "2" - Minutes of Planning Commission meeting, Dated September 25, 1996, Exhibit "3"- Planning Commission Resolution 96-56 Exhibit "4"- The San Bernardino Sun Article "Plan May Save Endangered Fly," October 22, 1996 Exhibit "5" - Responses to Comments Resolution Certifying Adoption of The Environmental Impact Report Ordinance Approving Industrial Specific Plan Amendment 95-05 CITY OF RANCHO CUCAMONGA STAFF R PORT DATE: TO: FROM: BY: SUBJECT: September 25, 1996 Chairman and Members of the Planning Commission Brad Buller, City Planner Miki Bratt, AICP, Associate Planner CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A public hearing on a draft Final EIR for a request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the 1-15 Freeway - APN: 229-263-18 through 21,229-263-48 through 53; and 229-341-13. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the I-15 Freeway - APN: 229-263-18 through 21,229-263-48 through 53, and 229-341-13. PROJECT AND SITE DESCRIPTION: Action Requested: The applicant requested that a warehouse style retail "Big Box" use be permitted on parcels located between Buffalo and Pittsburgh Avenues on the north side of Fourth Street opposite the Ontario Mills regional retail center. The Planning Commission requested that all parcels fronting Fourth Street between the I-15 Freeway and Milliken Avenue be similarly studied. Therefore, in addition to the 33-acre property owned by the applicant (Mission Land) located between Buffalo and Pittsburgh Avenues, the application includes 28 acres owned by Oltmans Investment located between the I-15 Freeway and Buffalo Avenue and 12 acres owned by Bixby Ranch located between Milliken and Pittsburgh Avenues (Exhibit "A"). At buildout, approximately 845,330 square feet of retail space could be developed on the 73-acre site. The Planning Commission also requested that the "Big Box" retail uses be considered through a text amendment to the Industrial Area Specific Plan. J PLANNING COMMISSION STAFF REPORT ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA September 25, 1996 Page 2 Surrounding Land Use and Zoning: North - Developed, office and industrial buildings and vacant, Industrial Area Specific Plan Subarea 12 (Mission Land and Bixby Master Plans), Industrial Park, and vacant, Industrial Area Specific Plan, Subarea 11, General Industrial South - Developed, Regional Commercial, City of Ontario East - 1-15 Freeway and vacant, Industrial Area Specific Plan Subarea 14, General Industrial West - Vacant, Industrial Area Specific Plan Subarea 18, General Dynamics Specific Plan General Plan Designations: Project Site: Industrial Park North - Industrial Park and General Industrial South - City of Ontario, Regional Commercial East - General Industrial West - Industrial Park Site Characteristics: The site encompasses 73 acres which are vacant with gently sloping sandy soils. Most of the site is covered with abandoned old growth vineyards. The entire site is disced for weeds annually. In general, street improvements and utilities are in place. In the vicinity of the I-15 Freeway on/off ramps, Charles Smith Avenue now has access off Fourth Street, but in the future will be converted to a cul-de-sac with primary access from Buffalo Avenue and/or Sixth Street. BACKGROUND: Master Plans: A Master Plan for Industrial Park development was previously approved for Mission Land's property in Subarea 12, including the 33 acres incorporated into the subject proposal. A Master Plan for Industrial Park development was also previously approved for the Bixby Ranch Company's property, including the 12 acres incorporated into the subject proposal. There are no approvals for the 28 acres of Oltmans Investment's property incorporated into the subject proposal. Market Study: A Commercial Land Use study was commissioned by the City in 1995. The Agajanian Commercial Land Use and Market Study recommended that a retail presence be developed along Fourth Street as follows: Promote the development of community and regional retail uses along the Fourth Street corridor in order to intercept the commercial traffic generated by the Ontario Mills project. Arrange to have more competitive sites available that can benefit from Fourth Street (at the 1-15 Freeway) on/off ramp traffic. In workshop discussions on the Market Study, members of the City Council and the Planning Commission were supportive of an increased retail presence in the City along Fourth Street in response to the retail development on the south side of Fourth Street in the City of Ontario. Surrounding Land Use: To the north of the Bixby Ranch and Mission Land portions of the subject site, there are developed Industrial Park users and improved vacant sites suitable for Industrial Park uses. Industrial Park uses include office, warehouse, and manufacturing. The Oltmans Investment site adjacent to the I-15 Freeway is vacant and undeveloped- PLANNING COMMISSION STAFF REPORT ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA September 25, 1996 Page 3 On the south side of Fourth Street, the Ontario Mills regional retail center is under construction with the grand opening scheduled for November 1996. On the north side of Fourth Street to the west of Milliken Avenue, the Empire Lakes Golf Course is completed and operating. The golf course is the first phase of development for General Dynamics properties which are zoned for Mixed Use in the General Dynamics Specific Plan for Industrial Area Specific Plan Subarea 16. Mixed Use development includes retail and office, as well as industrial development. ANALYSIS: Compatibility with the Industrial Area Specific Plan Industrial Park Designation: The proposal would add Warehouse-Style Retail Merchandising to the uses permitted under the Industrial Park designation in Subarea 12 of the Industrial Area Specific Plan. Light Wholesale, Storage & Distribution is currently a permitted use in the Industrial Area. This proposal would allow retail as a primary use for Warehouse-Style Retail Merchandising under certain conditions. Examples of Warehouse-Style Retail Merchandising businesses in the City include Walmart, Price Club, Circuit City, and Best Buy. Warehouse-Style Retail Merchandising would only be allowed within a Master Planned development approved under a Conditional Use Permit. The warehouse character of the development would be emphasized in order to be compatible with the physical development of warehouse and other industrial park users within Subarea 12. Finally, Warehouse-Style Merchandising is consistent with other retail uses already permitted within the Industrial Park designation. Compatibility with the General Plan: The General Plan designation for the site is Industrial Park. For the same reasons that Warehouse-Style Merchandising is consistent with the Industrial Park designation in the Industrial Area Specific Plan, it is also consistent with the Industrial Park designation of the General Plan. Foothill Corridor and Fourth Street Comparison: Foothill Boulevard has been identified as the primary retail corridor in the City. The Foothill Boulevard Specific Plan emphasizes activity centers which invite extensive pedestrian activity onsite and offsite. In contrast, development of warehouse style retail uses on the north side of Fourth Street between Milliken Ave_nue and the I-15 Freeway is expected to be characterized by a stronger automobile orientation. Fourth Street has been changed from an industrial area street by the action of the City of Ontario through the development of the Ontario Mills regional retail center. Consequently, property on the north side of Fourth Street is transitional between regional retail on the south of Fourth Street and industrial in Rancho Cucamonga north of the subject site. Retail development along Fourth Street in Rancho Cucamonga is expected to take advantage of retail activity generated by the Ontario Mills project. The change from Industrial to Mixed Use on the General Dynamics property located east of Haven Avenue and west of Milliken Avenue on the north side of Fourth Street reflects the new transitional character of Fourth Street. The Mixed Use designation permits retail development in a context of PLANNING COMMISSION STAFF REPORT ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA September 25, 1996 Page 4 maximum flexibility for future development. Extending retail opportunities east to the 1-15 Freeway for property directly opposite the Ontario Mills project will continue the trend of responding to the changing character of Fourth Street. The proposal is consistent with the goals and objectives of the Industrial Area Specific Plan and specifically, the Industrial Area Park Category which reads: INDUSTRIAL PARK CATEGORY ...This area is reserved for firms seeking attractive and pleasant working environment and a location which has prestige value. High quality architecture is required and site planning must emphasize a pedestrian oriented, campus-like setting with the greatest amount of landscaping. The development of prefab, all metal for sheathing of building is considered inappropriate for this category. The Industrial Park category is typically located adjacent to special boulevards (major thoroughfares) to enhance major gateways into the community and create a high quality image... Master Plan Requirement: Warehouse-Style Retail Merchandising would require development within a Master Planned Center with the Center subject to a Conditional Use Permit. General Commercial Uses permitted or conditionally permitted, under the General Commercial designation in the Development Code would be permitted or conditionally permitted provided they offered warehouse-style merchandising. General Commercial Uses within the General Commercial District of the Development Code, Section 17.10.030 would be incorporated into the Industrial Area Specific Plan by reference (Exhibit "D"). All uses permitted or conditionally permitted, in the Industrial Park designation of Subarea 12, will continue to be permitted on the subject site. In the event of a conflict between the Permitted or Conditionally Permitted Use, the Industrial Park requirement would apply. Each Master Plan would indicate how Warehouse-Style Retail businesses would be integrated with permitted or conditionally permitted Industrial Park uses. The following commercial uses are currently permitted in Subarea 12 of the Industrial Area Specific Plan: Automotive Rental, Business Maintenance, Business Supply, Business Support, Communication Services, Financial/Insurance/Real Estate Services, Hotel/Motel, Medical/Health Care Services, Personal Services, Recreation Facilities, and Restaurants. The following commercial uses are conditionally permitted: Automotive Sales and Leasing, Automotive Service Station, Convenience Sales and Services, Entertainment, Fast Food Sales, Food and Beverage Sales, and Restaurant with Bar or Entertainment. No application for a Master Plan for a Warehouse-Style Retail Merchandising Center has been submitted at this time. However, the applicant, Mission Land, has prepared a conceptual site plan and is in the process of preparing a Master Plan for their 33 acres (Exhibit "E"). It is anticipated that a Master Plan of Development would be processed for each of the three property owners: Mission Land, Oltmans Investment, and Bixby Ranch. Design: The Master Plan for the Center would establish design parameters for Warehouse-Style Retail Merchandise "Big Box" retail users. The Master Plan would promote design compatibility with surrounding industrial development in Rancho Cucamonga. Further, the Master Plan would present a unique design vocabulary. PLANNING COMMISSION STAFF REPORT ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA September 25, 1996 Page 5 Industrial Area Specific Plan Text Changes for Subarea 12 (Exhibits "A-I" and "A-2" attached to the proposed resolution): The analysis above is incorporated into a proposed text addition to Subarea 12 of the Industrial Area Specific Plan, under Conditional Uses, add "Warehouse-Style Retail Merchandise Center (see Special Considerations under this Subarea)" and after the last paragraph under the heading "Special Considerations" add the following: As an extension of retail sales now permitted as an ancillary use within a warehouse development, retail sales shall be permitted as a primary use for Warehouse-Style Retail Merchandise businesses within a Warehouse-Style Retail Merchandise Center. Said Centers shall be located within approximately 73 acres of land on the north side of Fourth Street between Milliken Avenue and the 1-15 Freeway. A Master Plan approved through the Conditional Use Permit process shall be required for each Warehouse-Style Retail Merchandising Center. In addition to all uses permitted or conditionally permitted in Subarea 12, retail uses shall be permitted or conditionally permitted, consistent with the General Commercial Uses within the General Commercial District of the Development Code, Section 17.10.030, and which are incorporated into the Industrial Area Specific Plan by reference. In the event of a conflict between whether a use is permitted or conditionally permitted, the Industrial Park requirement applies. However, added retail uses must offer Warehouse-Style Merchandising as defined and incorporated into each Center's Master Plan. Further, a distinctive Warehouse Style-Retail Merchandising design vocabulary shall be developed for Fourth Street between Milliken Avenue and the I-15 Freeway and incorporated into each Center's Master Plan. Compatibility with adjacent existing and intended Industrial Park and General Industrial Development shall be demonstrated through site planning, building design, and landscaping and incorporated into the Master Plan for each Center. Industrial Area Specific Plan Text Addition to Part III (Exhibits "A-3" and "A-4" attached to the proposed resolution): To the Development Standards and Guidelines Chapter: Table II1-1, Summary of Land Use Type by Subarea, add under Commercial, "Warehouse-Style Retail Merchandising .... and place a note at the bottom to state "** Refer to Subarea 12 Special Considerations for additional restrictions." Also amend Table 111o2 - Land Use Type Definitions, under D. Commercial Use Types: after "Specialty Building Supplies and Home Improvements" to add: Warehouse-Style Retail Merchandising Business: Within an app~oved Warehouse- Style Retail Merchandising Center, this category adds to the retail uses already permitted for the Subarea in which the Center is situated. Retail uses shall be added which are consistent with General Commercial Uses within the General Commercial District of the Development Code (Section 17.10.030) and which are incorporated herein by reference. In the event of a conflict between whether a use is permitted or conditionally permitted, the Subarea requirement applies. Light Wholesale, Storage and Distribution is already a permitted use. The intent is to emphasize and expand retail use in conjunction with warehouse use in Subarea 12 which is transitional between industrial and retail commercial land use areas. PLANNING COMMISSION STAFF REPORT ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA September 25, 1996 Page 6 ENVIRONMENTAL ASSESSMENT: An Environmental Impact Report has been prepared and circulated for comment consistent with the California Environmental Quality Act (CEQA) and forwarded to the Commission under separate cover. A draft Final Environmental Impact Report consists of the aforementioned draft Environmental Impact Report plus a separately bound addendum package which consists of: "Draft Response to Comments," "Mitigation Monitoring Plan," and the "Statement of Overriding Considerations." The aforementioned sections, in draft form, are attached unbound as Exhibits "F," "G," and "H." Consistent with CEQA, the Planning Commission may comment and make recommendations on the draft Final EIR, but the City Council is the certifying agency. Comments and Draft Response to Comments: Four letters of comment were received on the draft Environmental Impact. They were from the U.S. Fish and Wildlife Service (USFWS), the Governor's Office of Planning and Research (OPR), the Southern California Association of Governments (SCAG), and the Endangered Habitats League (EHL). The Comment Letters and the Response to Comments are attached (Exhibit "F"). The OPR letter was a routine acknowledgment. The SCAG letter generally supported the development as contributing to a favorable regional jobs/housing balance. SCAG also raised several issues which have been clarified and/or addressed by the EIR consultant, including a provision for contact with Omnitrans at the time of development to coordinate service on Fourth Street. The USFWS and EHL letters focused primarily on the Delhi-Sands soils area which have been identified as a potential habitat for the Delhi-Sands Flower Loving Fly, a federally listed endangered species. As discussed in the Notice of Preparation of the draft EIR, an on-site survey was conducted by a biologist. The biologist noted that most of the area is covered by abandoned grape vines and the entire site is disced annually for weed abatement, therefore, it is unlikely to provide habitat for the Delhi-Sands Flower Loving Fly. Further, no Dehli-Sands Flower Loving Fly habitat areas have been identified in Rancho Cucamonga. Surveys have been conducted on the General Dynamics site, the Milliken Avenue extension site, the Metrolink site, and the Chino Basin Municipal Water District Treatment Plant site, as well as on the surplus Edison Corridor section extending from the 1-15 Freeway at Foothill Boulevard to Jurupa Avenue. Neither the USFWS or EHL commented on the Notice of Preparation. Following receipt of the letters on the draft EIR, the EIR consultant contacted the USFWS. The USFWS is reviewing the matter further. This issue must be resolved pdor to certification of the EIR by the City Council. The USFWS plans to visit the site. If additional field surveys or protocols are needed they can be added as mitigation measures. Several outcomes are possible, including: The USFWS will confirm the finding of the EtR consultant's biologist that the site is not suitable habitat. The USFWS will confirm that most of the site is not suitable habitat, but require additional surveys, prior to issuance of any grading permits on a portion of the site. The soonest an adult fly flight period survey could be conducted would be August 1997. PLANNING COMMISSION STAFF REPORT ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA September 25, 1996 Page 7 The USFWS will require a flight survey for the entire site, prior to issuance of any grading permits. Mitigation Monitoring Plan: The project will have traffic and air quality impacts which must be mitigated. Accordingly, a Mitigation Monitoring Plan has been prepared and is attached (Exhibit "G"). Traffic mitigation measures include traffic phasing at Milliken Avenue and Fourth Street and lane striping on Milliken Avenue south of Foothill Boulevard. Several Air Quality Mitigation Measures address actions recommended during construction, others will be integrated into project design, and others will be incorporated into project utilization insofar as they are feasible and appropriate at the time of implementation. Also, noise impacts have been identified which must be mitigated. Designs for noise-generating uses will reduce noise to a level of non-significance. Facts for Findings and Statement of Overriding Considerations: Environmental impacts as mitigated and impacts which cannot be feasibly mitigated to a level of less than significant are discussed in the Facts for Findings and Statement of Overriding Considerations attached (Exhibit "H"). There are traffic and air quality impacts which remain significant after all feasible mitigation. The project will contribute to congestion on the 1-15 Freeway and the impact cannot be mitigated to a level less than significant. Further, vehicle exhaust will result in exceeding the levels for Nox, CO, and ROC and these impacts cannot be mitigated to a level less than significant. However, when weighed against the potential benefit of the project, these impacts are slight. The benefits identified are as follows: · Strengthen the economic base of the City of Rancho Cucamonga. · Provide employment opportunities within the City of Rancho Cucamonga. · Provide the opportunity for "Big Box" retail commercial uses to be located in visible proximity to the Ontario Mills project, a regional retail center. · Contribute to the regional jobs/housing balance. Accordingly, a Statement of Overriding Consideration has been prepared for traffic and air quality impacts. RECOMMENDATION: Staff recommends the following actions: Minute action recommending Certification of the Environmental Impact Report for Industrial Specific Plan Amendment 95-05, subject to resolution of USFWS concerns and including the "Findings of Fact in Support of Findings for Significant Environmental Effects of the Project and Statement of Overriding Considerations." PLANNING COMMISSION STAFF REPORT ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA September 25, 1996 Page 8 Adopt the Resolution Recommending Approval of Industrial Area Specific Plan Amendment 95-05. City Planner BB:MB/jfs Attachments: Exhibit "A" Exhibit "B" Exhibit "C" - Exhibit "D" - Exhibit '°E" Exhibit "F" - Exhibit "C_;' I::/hibit "H" - Site Plan Industrial Area Specific Plan Map General Plan Map General Commercial Uses; Development Code Conceputal Site Plan Draft Rcsponsf, tu Cun,fll~nts Draft M;tigat;on Monitoring Plan Draft Statement of Ovorriding Conoidcrotions R~snh ,tLon Recemmcnding Approval of ISI",A 96 0S - RICHMOND PLACE I- ~ 3 SOUTHBOUND · ~.~-~ .~ .'-~ ,....~ .. :....~- -.- ~::~~ ;. ~'~...~7..,~ ..........~,.~..~_ :'~'~-~.:~ ..,~ .....:;:':;.,~'::..'.-:~ ~:.~. :~,'_~ .....:l~:~ ...:: J P~SBUR6 AVENUE ~ ' :,;7.;'.L, .;~'~:~. ~::;;:::. ~. ,;: :' ~ ................ ~[ -- ~:~: :~. : ~,.,::.,~.~:~.*~.~;~-;" ..'.'~ ~.:, :?' . - ::: ..- -. ~, ~;~:.:~::: .~::::~-~:. - f::~:~.~::~ ~---- :~.~ :.~.~:~ :~., '~':. MILLIK~N AVENUE EXt-Jl~l p -' ~jl-! <':;2 .54' O jc~ <'2- n<[ Q ..a z n uJ '¢ _j Z rr .¢ -- :D c.n uj > uj z ,¢: x z c5 UJ Z Qjo^QC] ~ uaM!ll!l~ Rancho Cucamonga Development Code and F Use 10. ~--,:~ office building or complex. Sectio~ ~ ! O. 0~0 ~ OP ~ NC GC fire, ambulanc.~ . :.. ~ ,-- - r' Related corer,'- .+~.~L_' ~, use~ (blueprinting - _ stnfi~_ .._7-,-q~iCk copy. etc.) when incidental to ' -~" General Commercial Uses 1. Antique shops. 2. Animal Care Facility (animal hospital, veterinarian, commercial kennel, grooming). a. Excluding exterior kennel, pens, or runs. C b. Including exterior kennel, pens, or runs. Appare, I stores. Art, music, and photographic studios and supply stores. Appliance stores and repair. Arcades (see special requirements per Section 17.10.030 F.). Athletic and Health Club, gyms, and weight reducing clinics. Automotive sales and services (including motorcycles, boats, trailers, and campers). a. Sales. b. Rentals. P P P Repairs (major engine work, muffler shops, painting. body work, and upholstery). Coin-op washing. Automatic washing. Service or gasoline dispensing stations (including minor repair such as tune-ups, brakes, batteries, tires, mufflers). P P - C P P P P P P C C P P P C C - C C C C C C C C C C P Permitted Use Conditional Use Permit requmed 3/96 Rancho Cucamonga Development Code Use g, ~arts and supplies, h, Tire sales and sen/ice (no outdoor storage), 9, Bakeries (retail only), 10, '*Barber and beauty shops, 11. Bicycle shops. 12. Blueprint and photocopy services. 13. Book, gift and stationary stores (other than adult reJated material). 14. Candy stores and confectionaries. 15. Catering establishments. 16. Cleaning and pressing establishments. 17. Carpenter shop or cabinet shop. 18. Cocktail lounge (bar, lounge, tavern)including related entertainment. a. Operated independent of a restaurant. b. Accessory to a restaurant. 19. Commercial recreation facilities. a. Indoor uses such as bowling, theaters, billiards, etc. b. Outdoor uses such as golf, tennis, basketball, baseball, trampolines, etc. 20. Dairy product stores. 21. Delicatessens. 22. Department stores. 23. Drive-in businesses, including theaters. (other than fast food restaurants). 24. Drug stores and pharmacies. SectionS30 OP NC GC - p P P P P P P P P P P P P P P P P P - p P P P P C C C C C C C P C C C - p P P P P C C P P P P = Permitted Use C = Conditional Use Permit required 3/96 Rancho Cucamonga Development Code Use 25. Equipment rental yards. 26. Electronic goods (i.e. TV's, stereos, radios, VCR's) sales and service. 27. Fast-food restaurants. 28. Feed/rack stores. 29. Florist shops. 30. Food stores and supermarkets. 31. Furniture stores, repair and upholstery. 32. General retail stores. 33. Hardware stores. 34. Home improvement centers. a. Material stored and sold within enclosed buildings. b. Outdoor storage of material such as lumber and building materials. 35. Hotels and Motels. 36. Ice Machines (outdoor). 37. Janitorial services and supplies. 38. Jewelry stores. 39. Laundry self-service. 40. Liquor stores. 41. Kiosks for key shops, film drops, etc. in parking lots. 42. Locksmith shop. 43. Massage establishments. 44. Mini-storage for public use (no outdoor storage). 45. Mortuaries and cemeteries. OP C P SeOtionl .~aO NC .i' GC C P P C P P P P P P P P P P P P P P P - C C p P P P P - p P P P C C P P -- p P C - C C C C P = Permitted Use C = Conditional Use Permit required I> '~ " 3/96 Rancho Cucamon~,a Development Code Use 46. Music, dance, and martial arts studio, 47. Newspaper and magazine stores. 48. Nurseries and garden supply stores; provided, in the NC district, all equipment, supplies and material are kept within an enclosed area, and provided that fertilizer is stored in packaged form only. 49. Office and business machine stores. 50. Office supply stores. 51. Parking facilities (commercial) where fees are charged. 52. Pet shop. 53. Political or philanthropic headquarters. ,54. Plumbing shop and supplies. 55. Photocopy. 56. Printing shops. 57. Recreational Vehicle Storage Yard. 58. Restaurants ([other than fast food), a. With entertainment and/or cocktail lounge and bar. b. Incidental serving of beer and wine but without a cocktail lounge, bar, entertainment, or dancing. 59. Shoe stores, sales and repair. 60. Second-hand stores and pawn shops. 61. Shopping Center subject to provisions in Section 17.10.030-F .4. 62. Spiritualist readings or astrology forecasting. 63, Sporting goods stores. 6.4. Stamp and coin shops. OP SectionS. 030 NC GC P P P P C P P P P P P P P P P P P P P P - p P P P P - C C P P C P P P C P P P Permitted Use Conditional Use Permit required 3196 Rancho Cucamonga Development Code Section~ Use OP NC GC 65. Swimming pool suppries. p p 66. Tailor. p p 67. Taxidermists. p 68. Toy stores. p p 69. Travel agencies. p p p 70. Transportation facilities (train and bus, taxi depots). C C C 71. Truck and trailer rental, sales and service. - C 72. Variety stores. _ p p Public and semi-Dubfic uses 1. Day Care Facilities. C C C 2. Convalescent facilities. p _ p 3. Hospitals. C C 4. Private and public clubs and lodges, including C C C YMCA, Y%A/CA. and similar youth group uses. 5. Educational institutions, parochial, private (including colleges and universities). C C C 6. Libraries & museums, public or private. p p p 7. Parks and recreation facilities, public or private. C C C 8. Public utility installations. C C C 9. Vocational or business trade schools. C C C 10. Churches, convents, monasteries, and other religious institutions. C C C ^~SO~ Uses 1. P = Permitted Use C = Conditional Use Permit required 1710-7 3/96 Ex HI-~ zT 3NN3A~ OIYjjNB F 3~N3A~ Hg~NeSIIId CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting September 25, 1996 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Barker then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: David Barker, William Bethel, Rich Macias, Peter Tolstoy ABSENT: Larry McNiel STAFF PRESENT: Jim Curatalo, City Council Member; Shintu Bose, Deputy City Engineer; Miki Bratt, Associate Planner; Brad Buffer, City Planner; Dan Coleman, Principal Planner; Ralph Hanson, Deputy City Attorney; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Gail Sanchez, Planning Commission Secretary There no announcements. APPROVAL OF MI Motion: to by Bethel, seconded the minutes of September 11, ;, carried 3-0-1-1 (McNiel absent, Tolstoy abstain), PUBLIC HEARINGS A. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A public hearing on a draft Final EIR for a request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the 1-15 Freeway - APN: 229-263-18 through 21,229-263-48 through 53, and 229-341-13. B, ENVIRONMENTALASSESSMENTAND INDUSTRIALAREA SPECIFIC PLAN AMENDMENT 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the I-15 Freeway - APN 229-263-18 through 21,229-263-48 through 53, and 229-341-13. Miki Bratt, Associate Planner, presented the staff report and a revised Exhibit "H," expanding upon the findings supporting the Statement of Overriding Considerations. Chairman Barker opened the public hearing. Jim Axtell, Mission Land Company, 3281 East Guasti Road, Ontario, stated he was available to answer questions. Hearing no further comments, Chairman Barker closed the hearing. Commissioner Bethel stated that it appears that development could be completely stopped in 90 percent of Riverside County and most of San Bernardino County when looking. at a map showing the possible area where the Delhi-Sands Flower Loving Fly could live. He reported that a lawsuit against the Fish and Wildlife Service was filed by San Bernardino County and several cities and is presently in process in the Ninth Circuit Court. He said the lawsuit maintains that the intent of the Endangered Species Act has been surpassed so that it now covers rodents and disease carrying insects. He observed that the staff report and the EIR points out that the area has been disced annually and would not be likely habitat. He objected to an interpretation of the Endangered Species Act that will inhibit development for the protection of an insect. Commissioner Tolstoy observed that the Agajanian Study suggested that Fourth Street should be available for retail trade and said that he also felt that warehouse style retail merchandising is a good transitional use between the industrial park to the Mills Project. He thought the issue of the fly will be addressed. He felt that the traffic and air quality impacts which cannot be mitigated are overshadowed by the benefits to the City of strengthening the economic base and the additional employment opportunities. He thought the EIR was well prepared. Commissioner Macias feared that Fish and Wildlife may be overstepping its boundaries and may unnecessarily delay the project. He wanted to be able to advise City Council that the fly issue has been addressed. Larry Henderson, Principal Planner, stated the consultants determined that the land has no value as habitat to this insect but agreed to meet Fish and Wildlife Service personnel on the site to discuss why the Service feels there is a possibility. He reported the consultant indicated there is only one small area of approximately 7,200 square feet in the northeast section which could remotely be available for this type of insect to inhabit. He thought it may be possible to mitigate the issue by surveying that small area next year. He indicated the meetiF~g has not yet taken place but it is hoped such a meeting will take place prior to the City Council hearing. He did not think Fish and Wildlife personnel have even looked at the site, but merely sent their comments out as a shotgun approach. He said the consultant is fairly confident the issue will be resolved by a site visit with Fish and Wildlife. Commissioner Macias asked if the City Council could certify the EIR with the issue still pending. Ms. Bratt believed mitigation measures would have to be determined. She said the City would prefer that the mitigations be acceptable to Fish and Wildlife. She indicated the mitigation Planning Commission Minutes -2- September 25, 11~9(~...~1 measures would have to occur at some point in the project, such as perhaps calling for a survey on the northeast corner of the project site before grading. Commissioner Macias asked if the purpose of the spring survey is to determine if flies are present or to determine that the habitat is suitable to accommodate the flies. Ms. Bratt responded the survey is to determine if specimens are present. Commissioner Macias asked that staff be sure that an independent professional biologist is present to substantiate any findings. Chairman Barker asked if it was possible for private landowners to deny access to the property to Fish and Wildlife. Michael Houlihan, Michael Brandman Associates, 17310 Red Hill Avenue, Irvine, stated that Fish and Wildlife Service provided information that there is potential habitat on the site but his company had provided information that there is not potential habitat. He stated that because there was a conflict, it was felt it would be best to invite Fish and Wildlife personnel to the site to show that there is no habitat present with the possible exception of the small focused area previously mentioned. He felt that denying access to Fish and V',,qldlife would not be due diligence in trying to respond to comments. Mr. Buller stated it would not be the desire of the City to delay forwarding the project to City Council if the meeting does not occur shortly. He said staff would look at options to move the project to City Council. Motion: Moved by Bethel, seconded by Tolstoy, to recommend certification of the EIR and to adopt the resolution recommending approval of Industrial Area Specific Plan Amendment 95-05. Motion carried by the following vote: AYES: NOES: ABSENT: BARKER, BETHEL, MACIAS, TOLSTOY NONE MCNIEL - carried Chairman Barker commented that this was the first in a number of actions which must be taken in a timely manner to take advantages of the changes in the status quo. PUBLIC COMMENTS There were no public comments. 'l"~l' -I, '11l COMMISSION BUSINESS C. COMMERCIAL LAND USE STUDY DISCUSSION Brad Buller, City Planner, observed that Commissioner McNiel had suggested a field trip to visit the Foothill Boulevard corridor. He reported that an incomplete application has been submitted for the Rancon property which is located between Applebee's and the Backwaters building. He also Planning Commission Minutes -3- September 25.1996 RESOLUTION NO. 96-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 REQUESTING TO AMEND THE INDUSTRIAL AREA SPECIFIC PLAN TEXT TO ADD WAREHOUSE-STYLE RETAIL MERCHANDISING AS A USE FOR 73 ACRES OF LAND, LOCATED NORTH OF FOURTH STREET, EAST OF MILLIKEN AVENUE, AND WEST OF THE 1-15 FREEWAY IN SUBAREA 12, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-263-18 THROUGH 21,229-263-48 THROUGH 53, AND 229-341-13. A. Recitals. 1. Mission Land and the City of Rancho Cucamonga have filed an application for Industrial Area Specific Plan Amendment No. 95-05, a text change as set forth in the attached Exhibit "A," and described in the title of this Resolution. Hereina~er in this Resolution, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on September 25, 1996, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 73 acres of land, basically a stacked rectangle configuration, located north of Fourth Street. south of the extension of Mission Park on the eastern portion and thence south of the extension of Mission Vista Ddve on the western portion, east of Milliken Avenue, and west of the 1-15 Freeway and which is presently vacant. Said property is currently designated as Industrial Park, Subarea 12 of the Industrial Area Specific Plan, and b. The property to the north of the westem portion of the subject site is designated as Industrial Park, Subarea 12 of the Industrial Area Specific Plan, and is developed with office and industrial buildings and vacant, and to the north of the eastern portion of the subject site is designated General Industrial, Subarea 11 of the Industrial Area Specific Plan, and is vacant; the property to the west is designated as Mixed Use, Subarea 18 of the Industrial Area Specific Plan, and is vacant; the property to the east is designated General Industrial, Subarea 14 of the Industrial Area Specific Plan, and includes the I-15 Freeway and vacant land; and the property to the south is designated Regional Commercial, City of Ontario, and is developed. c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and This amendment does promote the goals and objectives of the Land Use Element; and properties; and This amendment would not be materially injurious or detrimental to the adjacent PLANNING CO,MMISSION RESOLUTION NO. 96-58 ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA September 25, 1996 Page 2 f. This amendment could have a significant impact on the environment; therefore, an Environmental Impact Report has been prepared together with a Statement of Findings of Fact in Support of Findings for Significant Environmental Effects of the Project and a Statement of Overriding Considerations to be considered by the City Council of the City of Rancho Cucamonga. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment could have significant impacts on the environment; however, an Environmental Impact Report has been prepared together with mitigation measures which will reduce most impacts to a level of less than significant. Certain impacts cannot be mitigated to a level of less than significant; however, the benefits of the project outweigh the slight impacts identified for the project and a Statement of Overriding Considerations has been prepared for consideration by the City Council of the City of Rancho Cucamonga; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends approval of Industrial Area Specific Plan Amendment No. 95-05, with text changes as set forth in the attached "Exhibit "A." 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED ANn Am PTED THIS 25TH DAY OF SEPTEMBER 1996. ~/~ MISSION OE HE CITY OF RANCHO CUCAMONGA vi , man ATTEST: - - l, Brad Buffer, 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 25th day of September 1996, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL SUBAREA 12 LAND USE DESIGNATION Industrial Park PRIMARY FUNCTION This area will provide for a high quality character to several entryways to the City. This area will also provide an opportunity for tourist oriented uses such as hotels and motels which relate to the airport activities. The subarea is located east of Milliken, west of Devore Freeway, south of future alignment of 5th Street to 4th Street and extends along Milliken to 6th Street. PERMITTED USES Custom Manufacturing Light Manufacturing Administrative and Office Professional/Design Services Research Services Light Wholesale. Storage and Distribution Building Maintenance Services Business Supply Retail & Services Business Support Services Communication Services Eating and Drinking Establishments Financial, Insurance. and Real Estate Services Hotel/Motel Recreational Facilities Administrative Civic Services Flood Control/Utility Corridor Automotive Rental Medical/Health Care Services Personal Services Restaurants Adult Entertainment * Adult Entertainment Zoning Permit required. CONDITIONAL USES Automotive Sales and Leasing Automotive Service Station Convenience Sales and Services Entertainment Fast Food Sales EXHIBIT "A-1" 1V-74 Food and Beverage Sales Cultural Public Assembly Public Safety and Utility Services Religious Assembly Convention Centers Day Care Facilities Schools Restaurant with Bar or Entertainment Warehouse-Style Retail Merchandising Subarea) (See Special Considerations under thisJ EXHIBIT "A-1" IV-75 ;:" ': ';'i:"" ":USTRIAL .4'REA SPECIFIC P. L I;-%:. .tlE:X:D; IE2YT 95-05 SECTIO:'V' IV- SPECIAZ COi 'IDER. SPECIAL CONSIDERATIONS PROPOSED NEW TEXT To preserve and enhance the image of the community, special consideration shall be given to the quality of site design, architecture, and landscaping of all properties adjacent to the I- 15 Freeway. Attractive screening of outdoor work, loading, storage areas, roof and ground mounted equipment from significant freeway points of view shall be required. As an extension of retail sales now permitted as an ancillary use within a warehouse development, retail sales shall be permitted as a primary use for Warehouse-S.tyle Retail Merchandise businesses within a Warehouse-Style Retail Merchandise Center. Said Centers shall be located within approximately 73 acres of land on the north side of Fourth Street between Milliken Avenue and the 1-15 Freeway. A Master Plan approved through the Conditional Use Permit process shall be required for each Warehouse-Style Retail Merchandising Center. In addition to all uses permitted, or conditionally permitted in Subarea 12, retail uses shall be permitted or conditionally permitted, consistent with the General Commercial Uses within the General Commercial District of the Development Code, Section 17.10.030, and which are incorporated into the Industrial Area Specific Plan by reference. In the event of a conflict between whether a use is permitted or conditionally permitted, the Industrial Park requirement applies. However, added retail uses must offer Warehouse-Style Merchandising as defined and incorporated into each Center's Master Plan. Further, a distinctive Warehouse Style-Retail Merchandising design vocabulary shall be developed for Fourth Street between Milliken and the 1-15 Freeway and incorporated into each Center's Master Plan. Compatibility with adjacent existing and intended Industrial Park and General Industrial Development shall be demonstrated through site planning, building design, and landscaping and incorporated into the Master Plan for each Center. EXHIBIT "A-2" IV-77 [ndustrial Area Specific Plan Part Ill, Sec. ] USE TYPES COMMERCIAL Adult Entertainment AgriculturaL/Nursery Suppties & Services Animal Care Automotive Fleet Storage Automotive Rental Automotive/Light Truck Repair - Minor Automotive/Truck Repair - Major Automatire Sales and Leasing Automotive Service Court Automotive Service Station Building Contractors Office & Yards Building Contractors Storage Yard Building Maintenance Services Building & Light Ecluiprnent Supplies & Sales Business Supply Retail & Services Business Support Services Communication Services Convenience Sales & Services Entertainment Extensive Impact Corninertial Fast Food Sales Financial. Insurance & Real Estate Services Food & Beverage Sales Funeral & Crematory Services ,Heavy EQuiOment Sales & Rentals HoteL/Motel Indoor Wholesale/Retail Commercial Laundry Services MedicalHealth Care Services Personal Services Petroleum Products Storage Recreation Facilities Re;air Services Restaurants Restaurants with Bar or Entertainment S;ecjaity Building Supplies & Home Improvement Warehouse-Style Retail MerchandisincJ" NOTES: IP - Industrial Park HO - Haven Avenue Overlay District GI - General Industrial MI/HI - Minimum Impact Heavy industrial HI - Hear7 industrial MU/OS - Mixed Use/Open S;ace TABLE IIi-1 (Continued) IP AA PPP P CCC C C C P PP PP PPPPP POP P CC PPPP C CCCC CC PPPPP P PP P PCPCC P*p pp P P'PCPPCP PPPPPPP C'CCPP C C C C C' C C P P P P P C'C CC C C C C C C C P P P P P C' C C C P P P C C A A AAAAAA P PP P C CC CC C P CC P PP P P PP P P CCC C P P C P CC CCP P P P C C CC CCC P P P PP PP PP PPP PPPP P PP PPP CP PP C C C CC C CCCCCP CCP PP CPP P P PP PPC PPP PP P CCC CC C PP C P P PP C CCCC C P PP PPP ~ P P G PP PPPP PP ~ P P CP CCP ~ PP PPPP PP PP CPPPP PP ~ PP PPPPP PP C CC CC ' CC CC C ~ C CCC ~ CC CC C ~ PP CPCC PP ~ CC CC C C O P C Permitted Use Conditionally Permitted Use Non-marked Uses not permitted Adult Ente~ainment Zoning Permit Required Refer to Haven Avenue Overlay District for additional restrictions Refer to Subarea 12 Special Considerations for additional restrictions 4( This is an excerpt from the Industrial Area Sl:~ecific ~lan (ISP). P/ease re, let to TaOle I/I-2 of the ISP for a complete descrf;tion of the/and use definitions./f you need help/n determining the land use type of a Dusmes$, please contact the Planning Division at (909) 477-2750. EXHIBIT "A-3" III-4 I:% DUSTRIAL AREA SPECIFIC PLAN A !Es D..' fENT ,:%:0. 95-05 SECTION 11I- L.4i.' :D 6:SE TI'PE DEFIz , ITIONS Commercial Use Types PROPOSED NEH/ TEXT SpecialtY/Building'Supplies and Home Improvements: Activities typically include, but are not limited to: retail and wholesale sales and installation of specialty items, such as paint; wall/floor/window coverings; doors and windows; building materials; hardware, plumbing and electrical supplies; bath and kitchen fixtures and supplies; lighting; swimming pools and supplies; and garden furnishings, materials and supplies. Activities shall be conducted in enclosed buildings of 25,000 square feet or less. Uses excluded from this category are general merchandise stores. Warehouse-Style Retail Merchandising Business: Within an approved Warehouse-Style Retail Merchandising Center this category adds to the retail uses already permitted for the Subarea in which the Center is situated. Retail uses shall be added which are consistent with General Commercial Uses within the General Commercial District of the Development Code (Section 17.10.030) and which are incorporated herein by reference. In the event of a conflict between whether a use is permitted or conditionally permitted, the Subarea requirement applies. Light Wholesale, Storage & Distribution is already a permitted use. The intent is to emphasize and expand retail use in conjunction with warehouse use in Subarea 12 which is transitional between industrial and retail commercial land use areas. EXHIBIT "A4" Plan may save endangered fly, By ST'EVEN CHURCH The Delhi Sands flower'lov- ing fly is about to come into some major real estate. A plan should be complete by early' next week to give the inch- long. endangered fly up to 250 acres of the sand)' dunes it loves, ending a four-year-old fight that has complicated development in the Agua Mansa Enterprise Zone in San Bernardino and Riverside counties. By then. federal and local offi- cials should have the outline of an agreement that will pave the way' for developing that land. County officials said federal protections for the fly have stifled devel- opment in the 10,000-acre indus- trial corridor, where tax breaks and other government incentives are availab{e to new businesses. "The beauty of (the plan) that you get a framework that will allow development to proceed." said Rep. George Brown. D-San Bernardino, who helped nego- tiate the deal. .: -. Brown and County Supervisor Jerry Eaves hope to get enough public and private money togeth- er to buy 200 to 250 acres of sensi- tive fly' habitat that could be pro- tected from development. Officials declined to disclose the location of the flYs new hab- itat. saying land speculation couId drive up the price. That land. which was identi- · .allOWS development 'fled by fede~'al biologists. 'would be the only: 'property needed to protect the flies, said John Gara- mendi. a deputy. secretary with the U.S. Department of the Inte- rior. which oversees the federal endangered Species list. , Garamendi on Monday met with Eaves. Brown and represen- tatives of Agua Mansa landown- ers. who have been pressing for a permanent habitat for the fly so that development can occur. Until now, they said. federal biologists have been unwilling to say exactly how much and what type of land would be needed to support the fly. Af'cer the meeting. Garamendi said he expects the L'.S. Fish and Wildlife Ser%'ice. v,'hich is part of the Department of Interior. to su port establishing a permanent ha%itat plan tbr ~he fly. Gall Kobetich. who .heads the Fish and Wildlife branch offke charged with protecting the fly. said that if th~ ,:.::ntv b~:'.'s the right land it will provx~e a perma- nent solution to ~he .'ly restric- tions. RESPONSES TO COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT WAREHOUSE-STYLE RETAIL MERCHANDISING CENTER State Clearinghouse No. 96041054 RECEIVED Ci'W o'f ~ancho Cucamonga Planning DiviSiO~ City of Rancho Cucamonga {Lead Agency) Planning Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 Contact: Miki Bratt, AICP, Associate Planner October 1996 E X H I'g'r7 ""5'// Section 1 2 3 TABLE OF CONTENTS Paae INTRODUCTION AND EXECUTIVE SUMMARY .......... 1-! 1.1 Introduction .................. 1-i 1.!.1 Purpose of the EIR ............ 1-1 1.1.2 Scope of the EIR ............. 1-3 1.1.3 EIR Focus and Effects Found Not To Be Significant ............... 1-4 1.2 Executive Summary of the EIR .......... 1-4 1.2.1 Proposed Project ............. 1-4 1.2.2 Environmental Effects and Mitigation Measures ................. 1-5 1.2.3 Alternatives ............... 1-5 1.2.4 Areas of Controversy/Issues To Be Resolved 1-6 LIST OF COMMENTORS .................. 2-1 RESPONSE TO COMMENTS ................. 3-1 introduction .................. 3-1 Comment Letters and Responses .......... 3-1 3.2.1 Federal Agencies ............. 3-2 3.2.2 State Agencies .............. 3-16 3.2.3 Regional Agencies ............ 3-17 3.2.4 Private Organizations .......... 3-20 3.1 3.2 SECTION 1 1.1 INTRODUCTION AND EXECUTIVE SUMF~ARY OF THE EIR INTRODUCTION in accordance with Section 15088 of the State of California Envirommental Quality Act (CEQA) Guidelines, the City of Rancho Cucamonga, as the lead agency, has evaluated the comments received on the Draft Environmental Impact Report (DEIR) (State Clearinghouse No. 96041054) for the Warehouse-style Merchandising Retail Center project and has prepared written responses to the comments received. The responses to comments in conjunction with the DEIR constitute the final EIR. This Response to Comments document has been formatted into three sections. Section 1 is an Introduction and Executive Summary that was presented in the DEIR. Section 2 provides a list of the agencies, organizations, and/or individuals that commented on the DEIR. Section 3 includes a copy of all of the letters received and responses to comments. Section 3 also provides responses to comments on significant environmental points describing the disposition of the issues, explaining the EIR analysis, supporting EIR conclusions, or providing information or corrections, as appropriate. For ease of reading, this section is formatted with responses to each letter immediately following the letter. 1.1.1 PURPOSE OF THE EIR The City of Rancho Cucamonga is the lead agency under the CEQA, and is responsible for preparing the Warehouse-style Retail Merchandising Center focused EIR (State Clearinghouse No. 96041054). The EIR was prepared in conformance with CEQA (California Public Resources Code Section 21000 et seq.) and the California CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project site is within the Rancho Cucamonga Industrial Area Specific Plan (IASP) within the City of Rancho Cucamonga. An-EIR for the IASP was prepared and certified in 1981. The land uses identified for the project site under the IASP were incorporated into the City's General Plan. In 1989, the City of Rancho Cucamonga certified a Master Environmental Assessment (MEA) and General Plan EIR which anticipated buildout of the City (including the project site) in accordance with the City's General Plan. The relevant environmental information from the IASP EIR and MEA/General Plan EIR was incorporated by reference into the EIR and is to be considered as part of the information upon which this evaluation of the project is based. The DE!R was prepared to evaluate the potential environmental impacts associated with the implementation of the proposed project. It is intended to serve as an informational document for public agenc7 decision makers and the general public regarding the objectives and components of the proposed project, and any potentially significant adverse environmental impacts that may be associated with the planning, construction, and operation of the project, as well as to identify appropriate feasible mitigation measures and alternatives that may be adopted to reduce or eliminate these impacts. The environmental effects of the proposed project are analyzed in the EIR to the degree of specificity appropriate to the current proposed project, in accordance with Section 15146 of the State CEQA Guidelines. The EIR is intended to provide the primary environmental documentation for three properties located on the project site: Mission Land Company, Investment Oltmans, and Bixby Ranch Company properties. All three properties include the same proposed amendment to the IASP; however, the three properties are addressed in the EIR commensurate with the level and amount of land planning information. The Mission Land Company property currently has a specific development proposal while the Investment Oltmans and Bixby Ranch do not. Even though the three properties are at different levels of planning, the EIR analysis is intended to serve as the primary environmental document for the following series of actions for all three properties: IASP amendment, subdivision/parcel maps, master plans, conditional use permits, building permits, and grading permits. Where site plans have not been available for the Investment Oltmans and Bixby Ranch Company properties, the City has identified intended uses and maximum square footages that the City feels is appropriate for the properties in order to maintain compatibility of uses and intensities within the project area. Section 3.2 of the DEIR provides a detailed discussion of these actions. The EIR will be used to determine whether subsequent environmental documentation will be required. It is acknowledged by the City of Rancho Cucamonga that when specific development proposals for the Investment Oltmans and Bixby Ranch properties are submitted to the City for review and consideration, these proposals would be required to prepare a more detailed traffic impact analysis in accordance with the County of San Bernardino Congestion Management Program (CMP). As the lead agency, the City of Rancho Cucamonga has the principal responsibility for processing and approving the project. Other public agencies (i.e., responsible and trustee agencies) may use the EIR in the decision making or permit process will consider the information in the EIR along with other information that may be presented during the CEQA process. Environmental impacls are non always mitigable !o a level considered less mhan significant; in those cases, impacts are considered significant unavoidable impacts. in accordance with Section 15093(b) of the State CEQA Guidelines, if a public agency approves a project that has significanI impacts that are not subsEantially mitigated (i.e., significant unavoidable impacts), the agency shall state in writing the specific reasons for approving the project, based on the final EIR and any other information in the public record for the project. This is termed, per Section 15093 of the state CEQA Guidelines, a "statement of overriding considerations." During the preparation of the DEIR, agencies, organizations, and persons who the City believed may have an interest in this project were contacted. Information, data, and observations from these contacts was included in the DEIR. Agencies or interested persons who did not respond to the request for comments about the project during the public review period of the Notice of Preparation had an opportunity to comment during the public review period of the DEIR and subsequent hearings on Ehe project. 1.1.2 SCOPE OF THE EIR The DEIR addressed the potential environmental effects of the proposed project. The scope of the EIR included issues identified by the City of Rancho Cucamonga during the preparation of the Initial Study (IS) and Notice of Preparation (NOP) for the proposed project. The IS/NOP, and comment letters received during and after the NOP review period were included in the DEIR. Based on the findings in the IS and NOP and on no substantial environmental comments received from the public or agencies during the public review period of the IS/NOP, the environmental issues that were determined to result in potentially significant impacts and addressed in detail in the EIR are: Traffic and Circulation Air Quality In addition to the above environmental issues, the- proposed project would result in the loss of grape vineyards; however, this loss was assumed in the IASP and IASP EIR which were approved and certified, respectively, in 1981. Due to the importance of agricultural operations in the region, the IASP and IASP EIR considered this loss as significant and unavoidable with the development of the site. The conversion of farmland to urban uses was also discussed in the City of Rancho Cucamonga Master Environmental Assessment (MEA) and General Plan EIR prepared in 1989. This discussion identified that the area in which the project site is located can most easily support development and will eventually remove large areas of soils that historically supported grape vineyards. However, current market forces such as expanding urban development and the high cost of imported water have made continued agricultural activities in this area marginally profitable or not profitable. No feasible mitigation measures were identified in the IASP EIR or the General Plan EIR to mitigate the loss of grape vineyards. Feasible measures are still unavailable to mitigate the removal of grape vineyards from the project site. Therefore, the impact on agricultural crops is still considered significant and unavoidable and is fully discussed in the IASP EIR and the General Plan EIR which were incorporated by reference into the EIR, as previously discussed. 1.1.3 EIR FOCUS AND EFFECTS FOUND NOT TO BE SIGNIFICANT The !S/NOP determined that an E!R is required to evaluate the potentially significant environmental effects of the proposed project. Based on the findings of the IS/NOP, the potentially significant environmental effects of the project include traffic and circulation and air quality. In accordance with Section 15128 of the State CEQA Guidelines, the IS/NOP and DEIR provided reasons why the following environmental components were not considered significant. · Earth · · Water · · Plant Life · · Animal Life · · Noise · · Light and Glare · · Land Use · · Natural Resources · · Risk of Upset · Population Housing Public Services Energy Utilities and Service Systems Human Health Aesthetics Recreation Cultural Resources 1.2 EXECUTIVE SUMMARY OF THE EIR 1.2.1 PROPOSED PROJECT The proposed Warehouse-style Retail Merchandising Center would allow the addition of a Big Box retail use as a conditional use in the Industrial Park classification for properties with frontage along Fourth Street in Subarea 12 of the City of Rancho Cucamonga Industrial Area Specific Plan (IASP). There are three properties within the approximately 73-acre project site, the Mission Land Company, Investment Oltmans, and Bixby Ranch Company properties. With the addition of a Big Box retail use to the three 'onsite properties, it is anticipated that development of the three properties would include approximately 845,330 square feet of ccm~merzia! use. Without the addition of a Big Box retail use, Ihe CiEy's General Plan and zoning designations for the properties would allow approximately 1,232,153 square feet of industrial park use. The Mission Land Company has submitted a specific commercial development proposal that includes the potential for Big Box retail uses on approximately 33 acres. The development proposed on the Mission Land property includes 364,516 square feet of retail floor area. The Bixby Ranch Company and Investment Oltmans do not have specific development proposals; however, based on the development intensity permitted for Big Box retail in the IASP, approximately 138,956 square feet of development could be permitted on the Bixby Ranch Company property and approximately 326,264 square feet of development on the Investment Oltmans property. Because the Mission Land Company has submitted a specific development proposal, the development of the Mission Land Company property is identified as Phase I of the proposed project. The Bixby Ranch Company and Investment Oltmans have not submitted specific development proposals and schedules to submit proposals for these two properties are unknown to the City. As a result, the development of the Bixby Ranch Company and Investment Oltmans properties are identified as Phase II. The discretionary actions that will be required for the proposed project include an IASP amendment, subdivision/parcel maps, master plans, conditional use permits, building permits, and grading permits. 1.2.2 EN~rIROENTAL EE1TECTS AND MITIGATION Section 5 of the DEIR describes in detail the environmental impacts that would result from the implementation of the proposed project as it related to traffic and circulation and air quality. Table 2-1 of the DEIR summarizes impacts of the proposed project and mitigation measures for these impacts. impacts that are noted in the sununary as "significant" after mitigation will require the adoption of a statement of overriding considerations, if the project is app~oved as proposed (CEQA Section 21081). 1.2.3 kLTERNATIVES In accordance with Section 15126(d)(2) of the CEQA Guidelines, the DEIR included a comparative evaluation of the proposed project with alternatives to the project. Additionally, the alternatives were discussed in the terms of achieving the project objectives. The EIR 1-5 dq-37 included an evaluation of Ehe following alternatives ~D the proposed Warehouse-style Retail Merchandising Center: No Project/No Development Alternative No Project/Development as Allowed by IASP Alternative Alternative Site The DEIR provided descriptions and analysis of each alternative. The Environmentally Superior Alternative was determined to be the proposed project and the alternative site because both scenarios would result in the same environmental impacts. The No Project/No Development Alternative and the No Project/Development as Allowed by IASP Alternative would result in less environmental impacts; however, both of these alternatives would not achieve the objectives of the project. 1.2.4 ARY, AS OF CONTROVTERSY/ISSUES TO BE RESOLVED The DEIR addressed the two primary issues associated with the proposed project. Based on the City's review of the project and coraments received on the NOP/IS, these two issues are not considered controversial or unresolved. SECTION 2 LIST OF COMMENTORS COMMENTOR FEDERAL AGENCIES AUTHOR CODE United States Department of the Interior, Fish and Wildlife Service STATE AGENCIES USFWS Governors Office of Planning and Research REGIONAL AGENCIES OPR Southern California Association of Governments PRIVATE ORGA/~IZATIONS SCAG Endangered Habitats League EHL SECTION 3 RESPONSE TO COMMENTS 3ol INTRODUCTION In accordance with Section 15088 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Rancho Cucamonga as the lead agency has evaluated the comments received on the DEIR (State Clearinghouse No. 96041054) for the Warehouse-style Merchandising Center project and has prepared written responses to the comments received. This "Response to Comments Document" becomes part of the Final EIR for the project in accordance with Section 15132 of the State CEQA Guidelines. The DEIR was approved for public circulation by the City of Rancho Cucamonga and was distributed July 5, 1996. The City used several methods to elicit comments on the DEIR. Copies of the document were distributed to state, regional, and local agencies, as well as crganizations and individuals, for their review and comment. Per CEQA Guidelines, a 45-day review period was provided (July 5, 1996, through August 18, 1996). The Rancho Cucamonga Planning Commission and the Rancho Cucamonga City Council will hold public hearings on the project after the preparation of the Final EIR. 3.2 COb~/ENT LETTERS A/qD RESPONSES The comment letters and responses are provided on the following pages. All corrections, clarifications, and refinements are herein incorporated by reference into the DEIR text. 3-! United States Department of The interiorv E 9 FISH JuNqD WT[=DLIFE SERVICE Ecological Services Carlshad Field 2730 Loker Avenue Carlshad. C~lifomia 92068 August 12, 1996 Mr. Miki Bratt Planning Department City of Rancho eucamonga 10500 Civic Center Drive Rancho C'ucamonga, California 91730 Subject: Draft Environmental Impact report, Warehouse-style Herchandising Center, Rancho Cucamonga, California (State Clearinghouse Number 96041054) Dear Mr. Bratt: This letter concerns the initial study on ~he proposed 73-acre commercial development project in the City of Rancho eucamonga, California. The U. S. Fish and Wildlife Service (Service) is concerned about the imt~acts of this project on the endangered Delhi Sands flower-loving fly (Rhaphic=n/das cerm/nacus abd~m{ualis), several animal and plant species of special concern, other wildlife resources, and we=lands. The Delhi Sands flower-loving fly is fully protected under the Endangered Species Act of 1973, as amended The comments and recommendations in this letter are based on the Draft ~viro?--~en=al Impact report Warehouse-style Retail Merc~ndising Con=or State Cleari=g.~ouse No. 96041054 (DEiR) dated July 1996 t,hat was prepared by Michael Br~dT~.~ Associates and was received by the Se.'~zice on July 8, 1996; ~d other infomtion available to the Service. It is our understandin~ that the proposed project consists of a proposed warehouse-style re=all merchandising center on a 73-acre parcel in the City of Rancho Cucamonga, San Bemardino County, California. According zo the DEIR, the vegetation at the site includes grape vineyards, ~d native and non-native plants (page B-3). The DEIR notes that the soil type on the project site is Tunjunga loam sand, a soil that is associated wi~h the endangered Delhi Sands flower-loving fly. Section 9 of the Act prohibits the "take" of any fedorally listed species. As defined in the Act, take means "...to harass, ham, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attemlDz to engage in any such conduct." "Ham" has been fur=her defined to include habitat destl-uction when it kills or injures a listed species by interfering with essential behavioral patterns, such as breeding, foraging or resting. Indirect adverse imp. acts, such as const.--uczion of roads, buildings, or fences, t~at inter.--~pt or prohibit the movemen~ patterT. s of a listed species, such as the Delhi S~ds flower-loving fly, could be considered "take" by the Service. The term person .Mr. M/ki BraCt 2 is defined as "an individual, corporation, partnership, trust, association, or any o'sher private entity; or any officer, en~loyee, agent, department, or instrumentality of the Federal government, of any State, municipality, political subdivision of a State, or any other ennity subject to the jurisdiction of T_he United States." Take incidental to an otherwise lawful activity may be authorized by one of two procedures. If a Federal agency is involved with the permitting, funding, or carrying out of the project, then initiation of formal consultation between that agency and =he SeI-~ice pursuant to section 7 of the Act is required if it is determined that the proposed project may affect a fedorally listed species. Such. consulZation would result in a biological opihion than addresses the anticipated effects of the project to the listed species and may authorize a iimi:ed level of incidental take. If a Federal &gency is not involved with the project, and a fedorally listed species may be taken as part of the project, then an iucidental take pemt pursuan~ to section 10(a) of :he Act would need to be obtained. The Service may issue such a permit upon completion of a satisfactory conservation plan for the listed species that would be affected by the project. The DEIR contains only a brief discussion of the etaangered Delhi Sands flower-loving fly and other listed species than may be adversely impacted by the proposed project. There is no discussion of impacts and mitigations in the main body of the DEIR, however, Attachment B of the DEIR (pages B-3 and B- 4) notes that the area contains suitable soils for the Delhi Sands flower- loving fly as well as areas containing native plant species. Some of these plant species are often associated with T_he Delhi Sands flower-loving fly. The information in the DEIR lacks the slMcificity necessary to adequately evaluate the impacts of this project on the Delhi Sands flower-loving fly and other listed species. The Service recommends ~t the City of Rancho Cucamonga or the applicant survey the project site for the endangered Delhi Sands flower-loving fly and its habitat following Service approved protcca!s at the project site. Regarding fish and wildlife resources, the final environmental documents should assess fully the impacts of the proposal and its altematives on species populations and choir habitats, with e~hasis on we=lands and endangered and tbareatened species, proposed species, candidate species, and species of special contom. The final envirorunental documents should clearly the purposes of, and documen~ the needs of the proposal so that capabilities of the various alternatives to meet those purposes and needs can be readily determined. The final environmennal documents should include a thorough description of all the facilities to be constructed as part of proposal. Figures accurately depicting proposed project features in relation to natural features in the project area also should be included in the environmental documents The analysis of project impacts on the enda,~gered Delhi Sands flower-loving fly must take into account the different biological and ecological rec[uirements of the subterranean early s~ages and adults which are capable of airborze movement. Failure ~o adequaze!y consider either of these life his=or/stages could lead to elimination or a reduction of a population of .~. Miki Brat= these animals. In order to insure =~at all environmental impacts are fully divulged, :he fh~al environmental documents should adsqua=ely assess any interrelated or interdependent projects currentiV proposed in :he San Bernardino Valley area. In addition, =he final environmental documents should analyze any growl_h-inducing impacts of this project =hat could result in loss of suitable habitat or movement corridors for the Delhi Sands flower- lowlug fly. The Service also is concerned about the impacts of =his proposed project on the buarrowing owl' (Athens canicularia), loggerhead shrike (Lanius !udovicianus), and rap=ors. We recommend =hat adequate surveys for the burrowing owl, loggerhead shrike, rap=ors, and other native birds be conducted at =he project site. The fincLings of =he surveys and measures =ha= will be taken to avoid/ntitigate a~y adverse impacts =o these animal species should be included in the final environmental documents. Poten=ial adverse impacts to =axa that are listed, proposed, candidates, and species of special concern, especially the San Diego horned lizard (Phr/nosoma coronatom blainvillii), legless lizard (Anniella pulchra), Delhi Sands metalmark butterfly (Apodemia mormo new subspecies), Delhi Sands jerusalem cricket (S:enopelmatus new species), convergent apiocerid fly (Apiocera conver~ens), and Pring~e's m~xnardella (Monardel!a pri~glei), should be addressed in the final environmennal documents. The Natural DiversitV Data Base of the Department of Fish and Game should be con=acted for a lis= of =axa =ha= likely are inbaJoi=anns of =he project site. The Service reco~=nends that adequate surveys be conducted during the proper flowering or activity period. The findings of =he surveys and measures that will be taken =o avoid/ntitigaZe any adverse impacts =o =hess species should be included in t/xe final environmental documenns. in summary, we recommend t.~at the issues regardi=g the endangered Delhi Sands flower-loving fly, other listed, proposed and candidate, species of special concem, and we=lands be fully resolved prior to certification of the lira! environmental documents. Adoption of =he project, as proposed i~ the DEIR, may require authorization from =he Service for incidental take of the endangered Delhi Sands flower-loving fly under sections 7 or 10(a) to avoid potential violations of section ~ of the Act. We appreciate ~he cpportu.~ity zo review the DEIR for potential impacts on endangered species, wildlife, ~d we=lands. Please contact Mary Beth Wou!fe or C.~is Nagano of my staff at the letterhead address or at 619/431-9440 if you have any questions. !-6-96-TA-287 co: CiDFG, Sacramento, CA (At=n: D. War~lycia) CDFG, San Diego, CA (Attn: B. Tippezs) 3.2.1 FEDERAL AGENCIES United States DePartment of Interior, Fish and Wildlife Service (USFWS) RESPONSE USFWS-1 The project site was surveyed by the City's environmental consultant, Michael Brandman Associates, on April 4, 1996. The survey was focused on determining if any habitat deemed suitable for the federally-listed Delhi Sands giant flower-loving fly (hereafter referred to as "Delhi Sands fly", or "fly") was present. The survey was conducted on foot along the project site perimeter and throughout its extent by means of twelve irregularly spaced (100 to 250-foot wide) east-west zransects. Habitat types present on the site were determined to be the following: maintained agriculture (vineyard), landscaped, barren, rudera!/disturbed annual grassland, and sage scrub. The distribution of these habitats on the site is depicted in Exhibit 1. Soils found supporting the ruderal/disturbed annual grassland and sage scrub habitats were reported by the consultant as suitable for the Delhi Sands fly, as were certain plant species, including wild buckwheat (Eriogonum fasciculatum), croton (Croton californicus), telegraph weed (Heterotheca grandiflora), and annual bur-sage (Ambrosia acanthicarpa). Also reported was evidence of recent discing for weed abatement and fire control on the only portions of the site containing these two habitat ~ypes (east of Buffalo Avenue and west of Pittsburg Avenue). Contact with individuals maintaining the property disclosed that the non- agricultural and non-landscaped portions of the site are discod annually by the County of San Bernardino for these purposes. The remaining portions of the site were reported covered with active or maintained vineyards, or landscaping habitats unsuitable for the Delhi Sands fly. The overall condition of vegetation on the unmaintained portions of the site is poor, and its usefulness to wildlife limited. The eastern portion of the site (east of Buffalo} and a small area west of Pittsburg Avenue support highly disturbed {often barren) stands of non-native grasses and forbs. The northeastern limit of the site supports a small patch (approximately 1 to 2 acres} of native sage scrub that has apparently escaped discing for a few years. The entire site is isolated from any other areas of natural vegetation by major roadways {Interstate 15, Fourth Street, and Milliken Avenue), industrial development to the north, and the Ontario Mills project to the south (see Exhibit 2 for project vicinity map). This isolation largely precludes wildlife movement and/or colonization to and from other areas. 3-2 JnN~AV ~IS~HOO~ 3rlN3AV -,~ ,,.- \ 30V"ld QNOINH~)IId 3fiN3AV DUfigSJ. JJd '::IrlN'~IA'~ N'g"AI'r'IIPI LEGEND Projea: Locntion P,~ncho Cuc~.mon~ City Bounchr7 The City is unaware of any records of the Delhi Sands fly occurring on or in the immediate vicinity of the project site. Its isolation and current condition minimize its poEennial value for consideration as part of any effort to preserve the species. For these reasons, and in light of the nature of the proposed action (an amendment of an existing permitted industrial use), the City contends that potentially adverse impacts upon the Delhi Sands fly posed by the project are not significant, and therefore that surveys for the fly following USFWS protocols are not warranted. RESPONSE USFWS-2 A description of the project and its objectives are provided in Sections 3.2 and 3.3 of the EIR. A description of the fish and wildlife resources of the project site, and an analysis of the potential impacts of the proposed project upon these resources is provided in the Notice of Preparation, pp. B-3 and B-4. Based upon information provided by the City's consultant, the following response is provided pertaining to sensitive species, habitats, and wetlands. Information sources consulted pertinent to sensitive biological resources potentially occurring in the vicinity of the project site included: 1. The Federal Register listing package for each fedorally listed endangered or threatened species potentially occurring on the project site or in the project vicinity. 2. Literature pertaining to habitat requirements of sensitive species potentially occurring on the project site. 3. The California Department of Fish and Game (CDFG) Annual Report on the status of California's listed threatened and endangered plants and animals (CDFG 1995). The California Natural Diversity Data Base (CNDDB 1996) that contains information regarding sensitive {pecies potentially occurring on the site or in the project vicinity. Sources used to determine sensitivity classifications for taxonomic groups under the purview various federal, state, and private agency watch lists include: plants--U.S. Fish and Wildlife Service (USFWS 1996), CDFG (1996), Skinner and Pavlik (1994), and CNNDB (1996); wildlife--USFWS (1991 and 1992), CNDDB (1994), CWHRDS (1991), CDFG (1996), Remsen (1978), Williams (1986); and habitats--CNDDB (1996), and Holland (1986). 3-3 7able _ prcu~es a list of the sensitive plants and animals and their potential occurrence on the site as ascertained from field surveys and a review of species' habitat preference. Table 2 lists species that were encountered during data review, but that were not given further zonsideration due to lack of habitat, etc. The following discussion describes the plant and wildlife species present, or that have the potential to occur on the project site that have been afforded special recognition by federal, state, or local resources conservation agencies or organizations. Sensitive habitats, if occurring, are also discussed. These habitats include areas or vegetation communities that support sensitive plant or wildlife species, are of relatively limited distribution, or are of particular value to wildlife. The Delhi Sands giant flower-loving fly (Raphiodomas terminatus abdominalis) is a federatly endangered species. The site contains Delhi Sand conditions preferred by the DSFLF (USDA 1980). Most of the site appears to be unsuitable habitaE because of agricultural and fire aba~ement practices that effectively preclude flowering plants preferred by the species. Although no Delhi Sands flower loving flies (DSFLF) were found during the site survey, some marginal but suitable habitat was observed in scrub at the extreme northeastern edge of the property (see Responses to USFWS-1 and US FWS-3 for further consideration of this species). The San Diego horned lizard (Phrynosoma coronatum blainvillei) is a CDFG Species of Special Concern. It was formerly common throughout Southern California west of the deserts, but has declined substantially as suitable habitat has been destroyed for other land uses and as a result of over-collecting for the pet trade (McGurty 1980). The horned lizard is found in open, sandy areas such as ridgetops and washes within open grassland, chaparral, and coastal sage scrub habitats. It is associated with areas where its preferred prey, harvester ants (Pogonomyrmex spp.) occur, and is often located by first identifying harvester ant colonies. Observations of San Diego horned lizards are scattered throughout the region. This species was not observed onsite. Suitable habitat for the San Diego horned lizard is limited on the project site because much of the site is very heavily disturbed. Areas supporting soft sand and ants on the project site provide the best habitat for this species. ~-~ 0 r"O:I 0 n. Z ra U 4-J 0 ~ ~ .~ c o"'-f ,--t'-I I r~ 0 U rn 0 ~H I Or,.J ~c~O ~0 n,¢}.,a >~C: ~-Jr~ ,.-xO4J C03::: q,} 3n, -~IG..C::~ 0 -~.-I ::3-r-~ ~ .~ ~ r* ,"IUO r~ U 00 ,,..~ ,-..x r' n~r~ ~ r"L ~ -0 C'L~U r~j..J r'rJ~ CJ~lO U r~ 0 U ~ UqJU 0~'~ >~0 r~O~ 0 ~DrJ,...~ ~ OJ.-4 (J r.~ 0 U J,-J ~)-,x 0 .~j ~ o'o0 ~,.--lu.~ ~0t-. ~00 r~ c c- o ~ ~ c-, 0"o ~r-" O~ ,--i¢} o'~4J ~00 ~¢),-.-4 0..0~ O00r~ U ...,..4 rj O"-t ..a ~. "'-t 0 O"-t C) 0 a~ I ~ 0 .,..~ 30 , 0 r.j 0 r..) qq- l 0 '~XObl~H o'~ c. cl) 0-~ .-C 4-j¢) r. ND . ,--~.,.~Q-~ .r'UO ~0c~.2. c' f. O~ U cn rn 0 ~ C r' 0 0 r,, U U ~ 0 0 o] o~ o'~ c~ O r~ 0 C U ~ .H ~ O -H (J ~O-r' 0 r., U:>>, ~Oca (J 0 0 CJ c~ c~ r~ 0 CJ CJ c~ .H ~ U 0 O 0 0 U ,-~Oc~ -,~ r~4.J ~ ~'m ~0 00~ n.~n. r~ U U 0 -,~ , ¢J (J c~ ~ >-~ ~0 OOL~ ~J 0 .,-~ cu · ~nr.-.0 ~/~ 0 = O~ O~ 0 O~ O -.~'~ ,--1 0 ,~..u r~ O0'~,4.,J I I I I I I U CJ U I I I I I I o ~ ..i..I 0 O TA]BLE 2 SPECIES ELIMINATED FROM FURTHER CONSIDERATION IN THIS REPORT Species Pringle's monardella Orange-throated whiptail Coastal rosy boa Cooper's hawk Sharp-shinned hawk California gnatcatcher Reason Not Observed/ Generally Unsuitable Habitat/ Presumed extinct Unsuitable habitat; Out of species' range Unsuitable habitat Generally unsuitable habitat Generally unsuitable habitat Unsuitable habitat The silvery legless lizard (Anniella pulchra puichra) is a CDFG Species of Special Concern. It is a small, secretive, snake-like lizard that lives and forages in leaf litter, under debris, or within sandy soil (Stebbins 1985). It occurs in a variety of habitats, including sandy washes, coastal scrub habitats, and woodlands. The silvery legless lizard preys on insect larvae, small adult insects, and spiders (CWHRS 1991). This species was not observed onsite. It is not expected to occur on the project site, as a result of onsite habitat condition. The northern red diamond rattlesnake (Crotalus ruber tuber) is a CDFG Species of Special Concern. This subspecies is most commonly encountered in open scrub habitats such as coastal sage scrub, but it also inhabits grasslands, dry washes, chaparral, and woodlands. The northern red diamond rattlesnake ranges from southern San Bernardino County, south into Baja California, and from sea level to around 5,000 feet (Stebbins 1985). Although marginal habitat for the northern red diamond rattlesnake occurs on the site, the condition of this habitat is poor and degraded; the species is not expected to occur. The black-shouldered kite (Elanus caeruleus) is a Fully Protected species in California. Populations declined to very low levels early in this century but had risen substantially by the mid-1970s. Population sizes apparently have leveled off recently and perhaps dropped in several regions. Along with these fluctuations in populations since the mid-1970s, there has been an apparent geographic range expansion to the north and east. The instability in population sizes indicates that the 3-11 kites may continue to be affected by the human environment in ways that are not fully understood. The black-shouldered kite feeds on rodents (especially voles) and large insects that it hunts by hovering over suitable habitat. It forages over open grassland and nests in trees in a variety of habitats. Winter roosts (of up to 100 birds) usually occur in oaks and other large trees associated with streams, rivers, and marshlands. This species may forage on the project site; however nesting on the site is improbable given the absence of suitable habitat. This species was not observed during the surveys. The golden eagle (Aquila chrysaetos) is a CDFG Species of Special Concern and is protected by a 1963 amendment to the Bald Eagle Act of 1943. This bird is an uncommon to rare permanent resident in open habitats throughout California. It nests in high trees and on rock faces of cliffs, and forages on plains and in open country. This species may occasionally forage on the project site; however it is not expected to nest there due to the lack of suitable nesting habitat. This species was not observed on the project site during the surveys. The prairie falcon (Falco mexicanus} is a CDFG Species of Special Concern. It requires cliffs or rocky outcrops for nesting and dry open areas for foraging. Its prey includes small mammals, small birds, and reptiles. This species may occasionally use the site for foraging, but is not expected to nest there due to the lack of steep rock outcrops. No prairie falcons were observed on the project site. Other raptors that are uncommon and rare in the region may fly over the site during migration or occasionally forage there during the non- breeding season. These include ferruginous hawk, CDFG Species of Special Concern; Swainson's hawk, a state-threatened species and CDFG Species of Special Concern; northern harrier, and mrlin, both Species of Special Concern. None of these species were observed on the project site during the surveys. The burrowing owl (Speotyto cunicularia) is a CDFG Species of Special Concern. Formerly common throughout California, its decline was noticeable as early as the 1940s and its last strongholds may be federal wildlife refuges. The decline is attributable to conversion of grasslands and pasturelands to agriculture and the destruction of ground squirrel colonies by plowing and poisoning. 3-12 7he Durrowing owl is unique because it lives in the abandoned burrows of ground squirrels. The .owls modify the burrows to suit their needs by digging. It is also one of the few owls often visible during the day perched on fenceposts or at the entrance to burrows. This species was not observed during the surveys and is unlikely to occur on the project site due to the annual discing practice that destroys many ground squirrel burrows. The California horned lark (Eremophila alpestris actia) is a CDFG Species of Special Concern. This is the Southern and Central California resident subspecies of the widespread horned lark. California horned larks are found in sparse grasslands, some agricultural areas, and open brush with extensive bare ground. It is unlikely that the California horned lark nests on the project site because of the proximity of the grassland to existing development and the annual practice of discing that would destroy nests or nesting opportunities. However, this species is likely to forage during winter in the onsite grasslands. The loggerhead shrike (Lanius ludovicianus) is a CDFG Species of Special Concern. This bird prefers open habitats with scattered shrubs, trees, posts, fences, or other perches. It nests in trees or shrubs adjacent to open areas. It preys on large insects such as grasshoppers, and will also take small meals, birds, and reptiles. This species was observed and may nest on the site. The California mastiff bat (Eumops perotis californicus) is a CDFG Species of Special Concern. Its range extends from Butte County south through the Southern California coastal mountains and portions of the southeastern desert region. It favors rugged, rocky areas at low elevations in the coastal basins where there are suitable crevices for roosting. The mastiff bat has very specific roosting structure needs, such as crevices that open downward and are at least 5 cm wide and 30 cm deep (Burr and Grossenheider 1976). They must also be high, as the bat needs 2 to 3 meters of drop space to launch itself into flight. Suitable roosting habitat does not occur on the project site; however, this species may use the site for foraging. The pallid bat (Antrozous pallidus) is a CDFG Species of Special Concern. This is a low elevation species that occupies various habitats in California, including shrublands, woodlands, and grasslands. It uses rocky areas for roosting. Suitable roosting habitat does not occur on the project site; however, this species may use the site for foraging. 3-13 The pale big-cared bat {PtecoZus Cownsenddi paiiescens) is a CDFG Species of Special Concern. It is found in a number of habitats from deserzs and grasslands to conifer woodlands. Roosting sites include limestone caves, mine tunnels, buildings, and other man-made structures. Suitable roosting habiZat does not occur on the project site; however, this species may use the site for foraging. The southern grasshopper mouse (Onychomys torridus ramona) is a CDFG Species of Special Concern. The southern grasshopper mouse occurs in open coastal sage scrub, mixed chaparral, and riparian areas of Southern California. This mouse is carnivorous, feeding almost exclusively on insects, spiders, and scorpions. This species has a low potential to occur on the project site because grassland habitats onsite are only marginally suitable for ~his species. The San Diego desert woodrat (Neotoma lopida intermedia} is a CDFG Species of Special Concern. The San Diego desert woodrat prefers open habitats in dry areas. It can be found in Joshua tree and pinon-juniper woodlands, chaparral, sagebrush, and most brush-dominated desert habitats. The San Diego desert woodrat may occur on the project site, although the vegetation may be too dense to support it. Few woodrat nests were observed throughout the project site. These nests could be from other species of woodrat species which are not considered sensitive by the agencies. The San Diego black-tailed jackrabbit (Lepus californicus bennettii) is a CDFG Species of Special Concern. Its range includes arid coastal regions of California from Ventura County to northern Baja California. The black-tailed jackrabbit is most active at dawn and dusk and feeds on green vegetation. This species was not observed during surveys, but suitable habitat exists onsite. The San Diego black-tailed jackrabbit may occur on the project site. Future projects in the area could impact sage scrub on Delhi substrates considered suitable habitat for the protected DSFL~ and other rare invertebrates such as new subspecies of the metalmark butterfly (Apodemia mormo new subspecies), Delhi Sands Jerusalem cricket (Stenopalmatus new species), and convergent apiocerid fly (Apiocera convergens). In addition, habitat and individuals of sensitive reptiles, such as the San Diego horned lizard and foraging habitat for sensitive and protected birds, bats, and small mammals may be lost during construction. Given the limited amount of suitable habitat for 3-14 such species an the site and its isolation from larger areas of natural habitat in the region, these impacts are expected to be negligible. The project site lacks characteristic hydrology, substrate and vegetation to support wetlands as defined under Section 404 of the Clean Water Act and the Manual for Identifying Wetlands (1987). In addition, the site lacks major hydrological features readily definable as Waters of the United States by Section 404 of the Clean Water Act. Therefore, the project if implemented, will not affect wetlands or Waters of the United States. Based upon the above information, the City contends the proposed project is not expected to result in any significant biological impacts. The project's individual impacts on habitats, wildlife, and wildlife movement corridors would negligibly contribute to local and regional loss of natural habitats and associated plants and wildlife. Although the proposed project would contribute to cumulative loss of available open space in the region, these impacts would not be significant. P, ESPONSE USB~4S-3 As pointed out above in the "Response to USFWS Comment 1", the site is isolated from any other areas of natural habitat by major roadways and industrial development. Major roadways contiguous with the property are Interstate 15 to the east, Fourth Street to the south, and Milliken Avenue to the west. The south side of Fourth Street includes the expansive Ontario Mills project and 1-10 (see Exhibit 2). Along its northern limits the site abuts a very small amount of open space (including maintained vineyards). Landscaped, developed, and industrial areas are also located to the north and northwest of the project site. This isolation precludes connectivity with other open space and areas containing natural habitat. RESPONSE USFWS-4 See Response US FWS-2. RESPONSE USB'WS-5 See Response USFWS-2. 3-15 tate of ...... Ct~,\ . ~OVERNOR'S OFFICE OF P~NNING AND RESEARCH ~0500 CZVIC ~ER ~C~O ~ON~, ~ 9~729 Subject: WAREHOUSE-STYLE RETAIL MERCHANDISING CENTER SC~ #: 96041054 LEE GRISSOM Dear MIKI BRATT: The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call at (916) 445-0613 if you have any questions regarding the environmental review process. When contacting the Clearinghouse in this matter, please use the eight-digit State Clearinghouse number so that we may respond promptly. Sincerely, ANTERO A. RIVASPLATA Chief, State Clearinghouse NO TTCE C~g COMI'_ET/ON A/a) "T~I DOC1J,Im(T TRAJme--ITT,4: F"' ' r. aa~ ~,~ 96047054 Project .Seal (o the following Slain Agencies 3.2.2 STATE AGENCIES Governors Office of Plannin~ and Research RESPONSE OPR -1 This comment is noted and is included in the public record for review and consideration by the appropriate decision makers. 3-16 ASSOCIATION of GOVERNMENTS 8:8 West Seventh Street ~.2th Roar Los Angeles, CaLifornia 9oo:7-3435 c (213~ :23&'telO0 RECEIVED J U L 2 3 i995 CITY OF RANP.,HO CUCAMONGA July 18, 1996 City of Rancho Cucarnonga Community Development Department 10500 Civic Center Drive Rancho Cucamonga, CA 91729 At'm: Ms. Miki Bran, AICP, Associate Planner Comments on the Draft EIR for the Proposed Rancho Cucamonga Warehouse-Style Re. tail Merchandising Center - SCAG No. I 9600218 Dear ,Ms. Bran: Thank you for the opportunity to review and comment on the Draft Environmental Impact Report CEIR) for the Proposed Rancho Cueamonga Warehouse-Style Relail Merchandising Center. As areawide clearinghouse for regionally significant projects, SCAG assists cities, counties and other agencies to review projects and plans for consistency with regional plans. The attached comments are meant as administrative comments to provide guidance for considering the proposed projec~ within the context of our regional goals and policies which are based in part upon state and federal mandates, as noted herein. If you have any questions about these comments, please contact Bill Boyd (213) 236-1960. Sin VIVIANE DOCHE-BOULOS Intere, overnmentat Review H :\RCWARR.MC. GEN CO1VI~E~S ON DRAFT EIR FOR THE PROPOSED RANCHO CUCA~,~ONGA WAREHOUSE-STYLE RETAIL bi~RCRANDISING CENTER Project Description The projec~ site is located on approximately 73 acres of land within the Cky of Ranc. ho Cucamoaga in the southwestern pan of San Bernardino County. The site is bounded on ~e souffi by Fourth S~ree~, on · e wes~ by Mflliken Avenue, on the east by Interstate 15, and on the nor~ by various induslrial park uses. The proposed project is an amendment to the City's industrial Area Specific Plan to add Big Box rer. ail use as a conditionally permitted use in this subarea. The project contemplates the development of 845,330 square feet of high impact commercial use on the site. Under existing industrial park classification, the site could accommodate 1,232,153 square feet of industrial uses. The project ske is assumed To be developed in two phases: Phase I (364,516 square feet) after 1997 and Phase 1I (two parcels totalling 465,220 square feet) prior to 20 15. Traffic analysis was performed in conformsace with the County of San Bernardino Congestion Management Program for Phase I, and will need to be provided for the two Phase H properties once development proposals have been prepared. H. INTRODUCTION TO SCAG REVIEW PROCES$ The document that provides r. he primary reference for SCAG's project review activity is the Regional Comprehensive Plan and Guide CRCPG)'. The RCPG chapters fall into thre~ categories: core, ancillary, and bridge. The Growth Management, Regional Mobility (being a summary of the 1994 Regional Mobility Element), policies in the Air Quality chapter, along with the Hazardous Waste Man~ement and Water Quality chapten constitute the core chapters. These core chapters respond directly to federal and sta~e planning requirement. The core chapters constitute the base on which local governments ensure consistency of their plans with applicable regional plans under CEQA. The Air Quality and Growth Management chapters contain both core and ancillary policies, which are differentiated in the commit portion of this iener. kacillary chapters are those on Lhe Economy, Housing, Human Resources and Services, Finance, Open Space and Conservation, Water Resources, Energy, and Integrated Solid Waste Management and portions of the Air Quality chapter. These chapters address imporr2nt issues facing the region and may reflec~ or. her regional plans. Ancillary chapters, however, do not contain actions or policies required of local government. Hence, they are entirely advisory and esablish no new mandates or policies for the region. Bridge chapters include r. he Strategy and Implementation chapters, functioning as links between the Core and Ancillary chapters of Lhe RCPG. Each of the applicable policies related to the proposed project are identified by number and reproduced below in italics followed by SCAG staff comments regarding the consistency of the project with those policies. ILl. CONSISTENCY WITH THE CORE CKAPTERS OF THE REGIONAL COMPREblENSIVE PLAN A~ND GUIDE See Endnote. Ms. Mild Bran July 18, 1996 Page 3 A. The Growth Mmma_-ement Chal~ter (GMC~ includes both core and ancillary policies that are particularly applicable to this project. The GMC policies relate to the three RCPG goals: to improve the regional standard of living, to maintain the regional quality of life, and t~ provide social, political, and cttltural equity. To achieve these goals, SCAG encourages the development of urban forms that enable individuals to spend less income on housing, minimize public and private development cos'd, and that enable the private sector to be more competitive, thereby strengthening the regional economy. Anaining mobility and clean air goals is also critical in enhancing the quality of life in the region ami can be achieved through the development of urban forms that accommc~tate a diversity of lifestyles, that preserve open space and natural resources, and that are aesthetically pleasing and preserve the character of communities. Lastly, SCAG encourages the development of urban forms that avoid economic and social polarization and of reaching equity among all segments of society. The evaluation of the proposed project in relation to the following policies is intended to guide efforts toward achievement of such goals and does not infer regional interference with local land use powers. 1. Core Growfh Managemere Policies 3.01 The population, housing, and jobs forecasts, which are adopted by S C.4 G's Regional Council and that reflect local plans and policies. shall be used by SCAG in all phases of implementation and review. SCAG stuff comments: As SCAG has designated subregions, the project area is situated within the San Bernardino County subregion. The Draft EIR does not contain information on jobs that would be provided under the Big Box retail or industrial park assumptions. Therefore, it is not possible to ascertain whether the project is generally consistent with SCAG's growth forecasts. The Draft EEl{ states that the traffic analysis which was performed for both Phase I and H of the project, utilized growth projections identified by the Southern California Association of Governments and the adopted County CMP. It is not possible to determine whether the traffic analysis was based on the most recently adopted forecasts (199~,) and modeling data. 2. Ancidlary Growth Management Policies Encourage local jurisdictions' efforts to achieve a balance between the types of jobs they seek a:tract and housing prices. SCAG staff comments. The Drait EIR, lacks specific information on the types of jobs that might be provided and the availability of affordable housing in the vicinity. It is therefor not possible to assess the consistency with this policy. 3.05 Encourage paxterns of urban developrnent and land use which reduce costs on infrastructure construction and make better use of existing facilities. SCAG staff comments. This would appear to be an 'in~ll" project. The Draft EER is silent on the availability of infrastructure, although industrial park uses adjacent to the 5¢-t~(= '5 sites are presently served by infrastructure and facilities a/ready in place. Nts. Miki Brart July 18, 1996 Page 4 3.08 Encourage subregions to define an economic strategy to maintain the economic vitality of the subregion, including the development and use of marketing programs, and other economic incentives, which support attainment of subregional goals and policies. SCAG st~ff comments. This proposed project represents a good example of the type of ~C,- ~! econotnic strategy envisioned by this regional plan policy. 3.11 Support provisions and incentives created by local jurisdictions to attracx housing growth in job rich subregions and job growth in housing rich subregions. SCAG staff comments. The Draft ~rR includes a discussing on "Promoting jobs/Housing Balance and GMP Goals'. It appears that the discussion only addresses jobs/housing in the context of the 1989 GMP and 1991 AQMP. The discussion should be based on 1994 GMC of the RCPG and 1994 AQMP. The Draft F_IR statement that the project would 6c~t,.,.5 result in "the creation of jobs in a jobs-poor subregion and the removal of planning constraints that could, and have, produced barriers to potential job growth" is still va]id. The proposed project would therefor be consistent with this policy. 3.12 Encourage existing or proposed local jurisdictions' programs aimed at tiesigning land uses which encourage the use of transit and thus reduce the need for roadway expansion, reduce the number of auto trips and veha'cle miles traveled, and create opportunities for residents to walk and bike. SCAG staff comments. The Draft EIR proposes mitigation measures 15 through 23 to help reduce the number of vehicle trips and vehicle miles traveled during construction and operational phases of the proposed project. It also states that the precise nature of the TDM surategies may not be defined in more detail until the buildout of the project site proceeds and more information is known on the nature of the employers who will be occupying the project site. 3.13 Encourage local jur~sdictiorts' plans that maximize the use of aristing urbanized areas accessible to transit through in~ll and redevelopment. SCAG staff comments. As stated above, this would be an "in~ll" project. There is a n~d to specifically mention in the Final EIR of the steps to be taken to promote the use 5t.~t.,--]._ of public transit. 3.16 Encourage developments in and around activity centers, transportation node corridors, underutilized infrastructure 3-ystems and areas needing recycling and redeveloprnent. SCAG staff comments. The pro~sed projut fits very. well with this regional policy.15 ~.~t=- % M.s. Miki Bran July 18, 1996 Page 5 3.18 Encourage planned development in locations least likely to cause environmental impact. 3.21 Encourage the implementation of measures aimed at the preservation and protection of recorded and unrecorded cultural resources and archaeological sites, and 3.23 Encourage mitigation measures that reduce noise in certain locations, measures aimed at preservation of biological and ecological resources, measures that would reduce exposure to seismic hazards; minimize earthquake damage and to develop emergency response and recovery plans, SCAG staff comments. The Draft ~IR indicates that the 'project will not have a significant negative impact on air quality in the long term (5 years or longer) if it woulc help implement the regional growth management policy through a reduction in VMT or improve jobs/housing balance and would help reduce VMT,rVT through the application of TDM strategies.' Furthermore, the Draft EIR states that the proposed project will not result in l_ocali:,,.tt CO concentrations in excess of federal and stat~ standards. B. The Re,~ion~l Mobility Chll~ter or Element also has policies pertinent to this proposexl General Plan. This chapter links the goal of sustaining mobility with the goals of fosltring economic development, enhancing the environment, reducing energy consumption, promoting transportation-friendly development patterns, and encouraging fair and equitable acctss to residents affecw. zl by socio-economic, geographic and commercial limitations. Among the relevant policies of this chapter axe the foLlowing: 4.01 Promote Transportation Demand Management (TDM) programs along with transit and ridesharing facilities as a viable and desirable part of the overall mobility program while recogni,dng the particular needs of individual subregions. 4.03 Support the extension of IDM program implementation to non-commute trips for public and private sector activities. Support the coordination of land use and transportation decisions with land use and transportation capacity, taking into account the potential for demand management strategies to mitigate travel demand if provided for as a part of th~ entire package. 4.05 Support the use of market incentives as a mechanism to affect and modify behavior toward the use of alternative modes for both commute and non-commute travel. 4.27 Urban form, land use and site-design policies should include requirements for safe and convenient non-motorized transportation, including the development of bicycle and pedestrian-friendly environments near transit. Ms. Miki Brart July 18, 1996 Page 6 CONCLUSIONS AND RECOMMtNDATIONS As described in the Draft EIR, the proposed Rancho Cucamonga Warehouse-Style Retail Merchandising Center. appears to be generally consistent with the pertinent policies and - objectives of the Regional Mobility and Growth Management Chaptin of the Regional Comprehensive Plan. I-Iowever, a number of uncertainties with the c)~,~ utiliz~ in the Draft ErR, should be addressed in the Final ELR. ,Ms. Mild Bran July 18, 1996 Page 7 DrDNOTE SO~ CALrrORNIA ASSOCIATION OF (;OVlRNMIN~ Roles and A~ho~es SCAG is, Jsht/'ow~rx .44Msty .~-bli,h~ under Cslifomi~ Go ...... ~ Cod~ ~.~ion 6J02 ~t m1. Under re. dual attd g.zs i,w. SCAG is ddsign,~d u · C~un~il of Cmve~ (COG). · Rzgkmsl Tzmmslxmrtslion Planning Aimracy CRTPA). ssxt · M4mmmpolitsn Plann~ Orlsp;'--t~oa ~). SCAG's rnm~__-_~-d mlcs ~ mslxmsib~dcs include d~c foliowinE: SCAG is nmTw~ibl~ under the F~h=rmJ Clc~n Air Act for d~S ~/o~ of Pmj~, P~ ~ Pmg~ to ~ ~ P~, ~ m 42 U.S.C. t7~. Punumnc to Calffom Oovernme~ Code ~on 650~g.2, SCAG ~ ~bh for ~w~ ~ ~~ M~m,~ ~ (~) for cm~ ~ ~ t~~ ~s ~u~ ~ ~ ~0 of ~ ~v~ ~. ~AG ~ ~ cv~ ~ c~y ~ com~bHi~ of ~ch pmg~ ~ ~ ragion. SCAG reviews. purm,~ ,,', Public R~mcs Code ,$cctionm 21(13 and 21087. [,JltLq~nme~,t,l~ Iml~tX Rep, ort$ of pmj~c~m of regional dgni~cance for c~ramcncy 'widm regional plato [Calffomi Envimnm=m~i Qu~LiW Act Guidclincm S~:don.m 1520~ 15 125(b)]. Purmu&r~ to 33 U.&C. §1288(&)('2) (S~tion 208 of the F~eral V/$ter Polhcion Control Act). SCAG is the auchorizui Areawide Waste Treazmeaz Mela~emera J"'gatmiag Agency. SCAG im $ible for pmptmzion of the Reg'iatud Boasing Needs AJa, umeat. pursu&nc to California Government Code Section 65584(a). SCAG Lm mstx.aible (widm time S&n Diego Association of Govcmm~nu ~ ti~ ~ Barbea CountytCitiu Ar~ Piannlng Council) for preper:~g the So~t&ern C,a~omia Hazan~ous Waste Management Plan punua,~ to Ca, lLtornia Hca/U~ ~ Safety Code SP~ion ~_5135.3. 3.2.3 REGIONAJ~ AGENCIES Southern California Association of Government (SCAG) RESPONSE SCAG-1 According to the April 9, 1996 initial Study/Notice of Preparation (IS/NOP) prepared for the proposed project, the project is expected to generate primarily low-paying jobs that would be filled by the local economy; therefore, the project is expected to be consistent with SCAG's growth forecasts for the region in that the project would primarily provide jobs to those individuals who are currently unemployed residents of the City of Rancho Cucamonga and surrounding areas of San Bernardino County. It is also expected that many of the lower skill level jobs will be filled by young people entering the work force. The traffic analysis, which was prepared in compliance with SANBAG'so traffic analysis guidelines, used the 1996 Comprehensive Transportation Plan (CTP) traffic model which was provided to the project's traffic consultant via SCAGs inland empire office. This model contains the most up-to-date information related to growth forecasts for County and the region as a whole. Therefore, the traffic analysis provided in the EIR is assumed to have utilized the most recently adopted growth forecasts and modeling data known to date. RESPONSE SCAG-2 Existing City policies and the activities of the City of Rancho Cucamonga Housing Assistance Program (HAP) provide for the housing needs of the City. More specifically, the HAP through the federal Housing and Urban Development (HUD) department, assists low and medium income families. Although the project is expected to generate a certain amount of managerial-type positions, a majority of the positions would be low- skilled (e.g., retail, etc.) in nature and would be filled by the local economy. Due to these low-skilled type of jobs created by the proposed Warehouse-style Merchandising Center, the project i~ not expected to create a migration of low-skilled employees to the Rancho Cucamonga area. RESPONSE SCAG-3 As stated in the April 9, 1996 IS/NOP, development of the proposed project will result in an increase demand for infrastructure-type services and utilities such as police and fire services, schools, 3-17 e!eczricizy, natural gas, Ie!ephone, water, sewer, storm drains, and solid wasEe systems. This demand is not expecEed to be significantly different than the demand contemplated with the development of the site with the currently designated industrial park uses. Increases in these service and utility systems have been anticipated since the approval of the Industrial Area Specific Plan in 1981. Moreover, although the project is not expected to result in an increased demand for new housing, and therefore, an increase in children, the proposed project would still be required to contribute development impact fees to the school districts in accordance with their school impact fee program to provide for the necessary educational infrastructure within the City. RESPONSE SCAG-4 The comment is noted and is included in the public record for review and consideration by the appropriate decision makers. RESPONSE SCAG-5 The comment is noted and is included in the public record for review and consideration by the appropriate decision makers. RESPONSE SCAG-6 The comment is noted and is included in the public record for review and consideration by the appropriate decision makers. RESPONSE SCAG-7 Local bus service in the project area is operated by the County of San Bernardino. The system, Omnitrans, covers three large geographic areas or divisions, of which the City of Rancho Cucamonga is located in the West Valley Division. Ridership in the IASP is minimal because little industrial development has occurred along potential routes; however, ridership is increasing. There is a potential ~or employees and visitors of the Warehouse-style Merchandising Center to utilize existing and/or proposed public transit facilities in the project area. Therefore, during review of site specific design plans for the proposed project, the City of Rancho Cucamonga will coordinate with Omnitrans to determine the need for bus-stops and/or other public transit facilities that would assist in serving the potential public transit needs of the project. 3-18 RESPONSE SCAG-8 The comment is noted and is included in the public record for review and consideration by the appropriate decision makers. RESPONSE SCAG-9 The comment is no~ed and is included in the public record for review and consideration by the appropriate decision makers. 3-19 L~ ENDANGERED HABITATS LEAGUE Oedw, atcd to th~ Pruterti~ of Caestal Sager Scrub and Other l'nrmtzned Dan Silver · Coordinator M24A Santa Monica Blvd. a592 Los Angeles, CA 900694210 TEL/FAX 213o654 · 1456 '4UG. Z ,9 · :.,- '.:.': .., .::.:. :.....,'. ... August 15, 1996 Plarmmg Dept. Gty of Rancho Cucamonga ATTN: Mild Bratt 105(X) Civic Center Dr. Ranc~ Cucamonga, CA 91730 Draft Environmental Impact Report, Warehouse-style Retail Merchandising Center (SCH ~)6041054) Dear Sirs / Madares: The Endangered Habitats League is an organization of Southern California cork. ervation groups and individuals dedicated to ecosystem protection, improved land use planx~ng, and cotlahorative conflict resolution, We partialpate in eftoRs to resolve potential environmemal-economia: conflicts, such as State of California Natural Communities Conservation Planning (NCCP), serving on advisory committees for such programs in Los Angeles, Riverside, San Diego, Orange, and San Bernardino Counties. We appreciate the oppommity to comment on the above-~dct~ed document. 1. Potential impacts to the environment an not fully disclosed. Although the site contains soils associated with the federally endangered Delhi Sands flower-loving fly, adequate surv,eys for this species have not been undertaken. Similarly, adequate surveys are needed for various other sensitive species and species of special concern. such as loggerhead shrike, burrowing owl, San Diego horned lizard, legless Lizard, DeLhi Sands metalmark butterfly, DeU'd Sands/erusalem cricket, convergent apiocend fly, and Pringle's monardella. 2. Feasible avoidance and mitigation measuns have not been undertaken. Measures such as avoidance and mitigation to reduce any direct or indirect impacU to the Delhi Sands flower loving fly to insignificant levels have not been analyzed, Similarly, no such measures for the other species listed above have been form,,lated. These potential impacts must be considered both individually and cumulatively with other formable projects. We thus find lahe DEIR deftdent and urge improvemems. Thank you for considering our comments, and please add us to the m~iling list for future notiiica~ons and documents for this project. Sincerely, Dan Silver, Coordinator 3.2.4 PRIVATE ORGANIZATIONS Endanaered Habitat League (EHL) RESPONSE EHL-1 See Responses USFWS-1, -2, and -3. RESPONSE EPIL-2 See Responses US FWS-!, -2, and -3. 3-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 (SUBAREA12) WITH A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. There has been presented to the City Council of the City of Rancho Cucamonga, California, in conjunction with the Council's consideration of Industrial Area Specific Plan Amendment 95°05, a Final Environmental Impact Report. 2. The Final Environmental Impact Report referred to in this Resolution consists of that document dated July, 1996, entitled "Draft Environmental Impact Report Industrial Area Specific Plan Warehouse-style Retail Merchandise Center (State Clearinghouse No. 96041054) together with the Findings of Fact in Support of Findings for Significant Environmental Effects on the Project and Statement of Overriding Considerations attached as Exhibit A, and the Mitigation Monitoring Program attached hereto as Exhibit B, and including wdtten comments on the draft Environmental Impact Report and written responses thereto and testimony presented during hearings on the Industrial Area Specific Plan Amendment insofar as that testimony pertained to the environmental matters. Hereinafter, the above referenced documents will be referred to as the "Final Environmental Impact Report." The entirety of the Final Environmental Impact Report is hereby incorporated in this Resolution by this reference. 3. The public comment period on the draft Environmental Impact Report was duly and lawfully closed on August 25, 1996, following due notice to the public and all applicable public agencies. 4. On September 25, 1996, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Draft Final Environmental Impact Report and concluded said hearing on that date. 5. On November 6, 1996, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Final Environmental Impact Report and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This City Council does certify that the Final Environmental Impact Report has been prepared for Industrial Area Specific Plan Amendment 95-05 in accordance with the provisions of the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq. ("CEQA") with State and City Guidelines for implementing CEQA, and all other applicable laws and regulations. Further, that the City Council certifies that it has considered the contents of the Final Environmental Impact Report in considering the approval Industrial Area Specific Plan Amendment 95-05; and CITY COUNCIL RESOLUTION NO. EIR - INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 November 6, 1996 Page 2 a) Hereby adopts (1) the Statement of Findings (EIR) and Statement of Overriding Considerations, attached hereto as Attachment A, and (2) the Mitigation Monitoring Program, attached hereto as Attachment B, based upon the following findings: i) The facts and findings set forth in the Statement of Findings (EIR) Statement of Overriding Considerations are supported by substantial evidence in the administrative record and the Final Environmental Impact Report. ii) The Final Environmental Impact report has identified all significant environmental effects of the project; there are no known potentially significant environmental impacts not addressed in the Final Environmental Impact Report. iii) Although the Final Environmental Impact Report identifies certain significant environmental effects that will result if the project is approved, all significant effects that can feasibly be mitigated or avoided have been reduced to an acceptable level by the imposition of mitigation measures on the project. These mitigation measures are attached hereto as part of the Mitigation Monitoring Program and incorporated herein by this reference. iv) Potential mitigation measures or project alternatives not incorporated into the project (including the "no-project" alternative) were determined to be infeasible based upon the considerations set forth in the Statement of Findings (EIR) and the Final Environmental Impact Report and other substantial evidence in the administrative record. The cumulative impacts of the project in relation to other projects in the area have been considered, and, except with respect to those unavoidable impacts described in the Statement of Findings (EIR). mitigation measures are incorporated into the project to reduce such impacts to insignificant levels. v) The unavoidable significant impacts of the project that have not been reduced to a level of insignificance, as identified in the Statement of Findings (EIR) and the Final Environmental Impact Report, have been substantially reduced in their impacts by the imposition of mitigation measures. The remaining unavoidable significant impacts are outweighed by the economic, social, technological, legal, and other benefits of the project, as set forth in the Statement of Overriding Considerations. vi) The Final Environmental Impact Report has described a reasonable range of alternatives to the project (including the "project" altemative), even though these alternatives might impede the attainment of project objectives and might create other significant economic, social, legal, technological, or environmental impacts. A good faith effort was made to incorporate alternatives in the preparation of the Draft Environmental Impact Report, and reasonable alternatives were considered in the review process of the Final Environmental Impact Report and the ultimate decisions on the project. b. Pursuant to provisions of the California Public Resources Code Section 21089 (b), this application shall not be operative, vested, or final, nor will building permits be issued or a map recorded, until (1) the Notice of Determination (NOD) regarding the associated environmental action is filed and posted with the Clerk of the Board of Supervisors of the County of San Bernardino; and (2) any and all required filing fees assessed pursuant to California Fish and Game Code Section 711.4, together with any required handling charges, are paid to the County Clerk of the County of San Bernardino. FEWl)LNGS OF FACT LN SUPPORT OF FE~D~GS FOR SIGNIFICANT ENVIRO.N~IENTAL EFFECTS OF TI~,' PROJECT AN'D STATE2~IENT OF OVERRIDENG CONSIDERATIONS ENTRODUCTION The California Environmental Quality Act (CEQA) Public Resources Code Section 2108 i, and the CEQA Guidelines Section 15091 provide that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. bo Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Specific economic, social, or other considerations make infeasible the mitigation measures or alternatives identified in the environmental impact report. Because the Warehouse-style Retail Merchandising Center environmental impact report CEIR) identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Rancho Cucamomooa hereby adopts these findings as part of the approval of the Warehouse-style Retail Merchandising Center project and related applications. The City of Rancho Cucamonga has prepared an EIR for the project in accordance with CEQA and CEQA Guidelines requirements. An EIR was subject to review and approval by the City of Rancho Cucamonga City Council. At a public hearing held on/'xJ tD t,t!::N~e-"e,, ,/' et ~li'~° was cerd~ed as adequate in accordance with CEQA procedures. In adopting this Statement of Findings of Fact, the City of Rancho Cucamonga City Council approves the Warehouse-style Merchandising Center project. All subsequent IASP amendments, subdivision parcel maps, master plans, conditional use permits, building permits, grading permits, mitigation implementation, and regulatory agreements will be reviewed based on the documentation in the EIR and the previously prepared Initial Study/Notice of Preparation (April 1996). ',V'jlt/OOISOO13.FIN . 1 MITIGATE, D ADVE, R,~E, rMPACTS The potential significant adverse impacts that will be mitigated are listed below. The Rancho Cucamonga City Council finds that these potential adverse impacts will be mitigated to a level that is considered less than significant after implementation of recommended mitigation measures. TRAFFIC AND CIRCULATION Significant hipact Implementation of Phase I would generate approximately 16,2 I0 average daily trips and 1,5 10 p.m. peak hour trips. Implementation of Phase II would generate approximately 15,546 average daily trips and 1,459 p.m. peak hour trips. The proposed project (Phases I and II) would generate approximately 31,756 average daily nips and 2,969 p.m. peak hour nips. In the interim year 1997, the implementation of Phase I would not result in the exceedance of the level of service at adjacent intersections (i.e., LOS E). The implementation of the proposed project (Phases I and II) would significantly contribute to a cumulative exceedance of LOS E in the year 2015 at the following intersections: Milliken Avenue/Fourth Street Milliken Avenue/Foothill Boulevard Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Fnct~ in Support of Findin~ The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the final EIR and incorporated into the project: WJB/0O180013 .FIN Under the development of Phases I and II in the year 2015, the following improvements to intersections are recommended as mitigation measures to achieve LOS E or betmr. The proposed project shall contribute on a fair share basis to the construction of circulation improvements identified as necessary at the time of issuance of building permits. Fair share allocations and payment of traffic fees shall be consistent with the provisions of the Transportation Development Impact Fee (Ordinance No. 445). Milliken Avenue/Fourth Street Milliken Avenue/Fourth Street is forecast to operate at LOS F conditions in the year 2015 condition with the proposed project. This condition is a function of the large volume of northbound movements, in particular the high volume of p. m. NOISE peak hour northbound through and right turn movements. To reduce the cumulative traffic impact at this intersection to a level that is considered less than significant, modifications to the traffic signal phasing to allow for a dedicated northbound right aim phase during the eastbound and westbound left turn phases is recommended. Milliken Avenue/Foothill Boulevard Milliken Avenue/Foothill Boulevard is forecast to operate at LOS F conditions in the 2015 condition with and without the proposed project. This condition is a function of the critical movement traffic volumes, in particular the high volume of p.m. peak hour eastbound through movements and the two eastbound through lanes. The existing pavement width can accommodate an additional eastbound through lane with striping modifications and signage changes. To reduce the cumulative ~raffic impact at this intersection to a level that is considered less than significant, a third eastbound through lane is recommended. Si~ifieant Impact The City of Rancho Cucamonga has set development standards within its Industrial Area Specific Plan (IASP) area. The project site is located within this IASP area, therefore, the Industrial Performance Standards (IPS) apply to onsite developments. The project site is designated as Class B. Noise standards for Class B industrial area indicates that the maximum allowable noise level of any use shall not exceed 75 dBA Ldn as measured at the lot line of the lot containing the use. Noise caused by motor vehicles and trains are exempted from this standard. Commercial !and uses within the project site may be exposed to noise levels of greater than 75 dBA Ldn from stationary sources associated with the proposed commercial uses (i.e., automolive service and repair uses). Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Fact~ in S~il~port of Findinl~ The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the final EIR and incorporated into the project: Proposed onsite land uses that have the potential to restfit in generation of noise levels of greater than 75 dBA Ldn on adjacent properties are required to shield the stationary noise sources so that noise levels on adjacent properties do not exceed 75 dBA Ldn. WJB/00180OI3.FIN Shielding could be provided by the utilization of sound barrier walls or structures acting as effective sound barrier. Significant Intoact According to the City of Rancho Cucamonga's Noise Element, the standard for active outdoor uses is 70 dBA Ldn. The proposed project could include active ouh:toor activities (i.e., outdoor eating at restaurants). The proposed project uses may be exposed to noise levels that exceed 70 elBA Ldn and, therefore, could experience significant noise impacts. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Suppor~ of Findine~ The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the final EIR and incorporated into the project: All active outdoor use areas associated with the proposed commercial uses shall be located in areas exposed to noise levels of 70 dBA Ldn or less from vehicular and stationary noise sources. Any active outdoor uses on the project site that are located in areas exposed to noise levels of greater than 70 dBA LAn are required to be shielded from the dominant noise source, by using sound barrier walls or swuctures acting as effective sound barriers, to insure conformance with the City's noise standard. SIGNIlqCANT UNAVOmARLR ABVRR,'%'E IMPACTS The potential significant avoidable adverse impacts associam:l with the implementation of the Warehouse- style Retail Merchnndising Center project are listed below. The Rancho Cucamonga City Council finds that these potential significant adverse impacts would be reduced with the implementation of the recommended mitigation measures; however, the impacts cannot be reduced to a level less than significant. The Rancho Cucamonga City Council is adopting a Statement of Overriding Consideration per Section 15093 of the CEQA Guidelines. TRAFFIC AND CIRCUIATION Sitmi~eant Inlpact The proposed project (Phases I and ID would significantly contribute to the cumulative exceedance of LOS E in the year 2015 at the following fleeway segments. WIB/00180013.FIN 4 Finding Southbound 1-15 between Jurupa Avenue and I-10 Southbound 1-15 between SR-60 and Jurupa Avenue Specific economic, social, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR. Facts in Support of Findings To reduce the impacts on these two freeway segments to a level that is considered less than significant, these two freeway segments would need to be improved from 4 to 5 lanes. The addition of one lane to both freeway segments are not considered feasible for individual property owners to construct because there are no implemenhation mechanisms for an individual property owner to implement an additional lane on a freeway. Furthermore, the addition of lanes on freeway segments are beyond the local (municipal) authority to implement. Sil~i~cant Inl0act During construction activities associated with Phase I and Phase II of the proposed project, approximately 871 pounds and 739 pounds of PMI0 per day, respectively, would be generated during grading activities. Fugitive PM10 emissions would exceed the South Coast Air Quality Management District's (SCAQMD) threshold of 150 pounds per day, and would, therefore, be considered significant. Exhaust emissions from construction equipment and vehicles during construction activities would result in approximately 138 pounds of NOx per day which would exceed the SCAQMD threshold of 55 pounds per day for NOx. Findings Specific economic, social, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR. Facts in Support of Findings Implementation of the following mitigation measure will serve to lessen project impacts; however, the impacts would remain significant. Except for the No Project/No Development Alternative, the project alternatives analyzed in the EIR would not avoid the significant and unavoidable adverse air quality impacts WJB/0OIg0OI3.FIIq 5 during construction activities. These alternatives would result in the same air quality. impacts during construction compared to the proposed project. The No Project Alternative would not meet the objectives of the proposed project. The following SCAQMD mitigation measures are recommended to be incorporated into the proposed project. These measures can reduce emissions associated with new development. The majority of these measures are oriented toward more detailed levels of planning than is associated with the Specific Plan amendment. The feasibility and appropriateness of each measure can best be determined at more detailed levels of planning (i.e., Development/Design Review) for the proposed project. As such, the following measures are recommended for future levels of project implementation, but only as determined to be feasible and appropriate at that time. To reduce particulate emissions from paved and unpaved roads, the construction activities, the project applicant shall: · Use low-emission alternative fuel (i.e., methanoi, butane, or propane) as practicable in mobile construction equipment (e.g., tractor, scraper, dozer). · Develop a trip reduction plan to achieve 1.5 AVR for consreaction employees. · Comply with SCAQMD Rules 402 and 403 concerning implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance offsite. · Employ consu'uction activity management techniques, such as extending the construction period, reducing the number of pieces of equipment used simultaneously, increasing the distance between emission sources, reducing or changing the hours of construction, and scheduling activity during off-peak hours. · Suspend grading operations during first and second stage smog alerts. · Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. · Maintain construction equipment engines by keeping them adequately tuned. · Use !ow-sulfur fuel for stationary construction equipment. · Use existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators. · Use low-emission onsite equipment (e.g., methanoi-, propane-, or butane-powered internal combustion engines) instead of diesel or gasoline. Implementation of the above measure will serve to substantially, but not completely, mitigate the potential significant air quality impact. The remaining unavoidable adverse impact is considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. WJ'B/0OISOOI3.FIN Significant Impact Operational emissions (stationary and mobile) in the year 1997, that are associated with Phase I of the proposed project and in the future (year 2015) that are associated with Phases I and II of the proposed project, would exceed SCQAMD significance thresholds for CO, NOx, and ROC. Findings Specific economic, social, or other considerations make infeasible the mitigation measures or alternatives identified in the E1R. Facts in Support of Findines Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. The implementation of the No Project/No Development Alternative and the No Project/Development as Allowed by IASP Alternative would result in significantly less operational emissions compared to the proposed project. The No Project/No Development Alternative would not increase operational emissions. The No Project/Development as Allowed by IASP Alternative would increase operational emissions; however, this increase would not be significant in the future year 2015. Assuming a similar amount of development in the year 1997 as the proposed project, this alternative would result in less operational emissions compared to the proposed project; however, these emissions would still be significant in the interim year 1997. Both of these project alternatives were rejected from further consideration because they did not meet the objectives of the proposed project. The Alternative Site would result in the same operational emission impacts compared to the proposed project. The following SCAQMD mitigation measures are recommended to be incorporated into the proposed project. These measures can reduce emissions associated with new development. The majority of these measures are oriented toward project construction or at least more detailed levels of planning than is associated with the Specific Plan amendment. The feasibility and appropriateness of each measure can best be determined at more detailed levels of planning (i.e., Development/Design Review) for the proposed project. As such, the following measures are recommended for future levels of project implementation, but only as determined to be feasible and appropriate at that time. To reduce automobile emissions by reducing the number of vehicles driven to a work site on a daily basis and through traffic flow improvements, the project applicant shall: Develop a transportation demand management (TDM) program that complies with the TDM Ordinance adopted by the City. The TDM program shall include an itemization of the TDM measures. In developing the TDM program, the project developer shall give consideration to the following TDM measures, as applicable. WJB/00180013 .FIN · Provide preferential parking to high-occupancy vehicles. · Configure parking to minimize traffic interference. · Minimize obstruction of though-traffic lanes. · Schedule operations affecting traffic for off-peak hours. · Schedule goods movements for off-peak hours. To reduce stationary emissions of operation-related activities, the project applicant shall: · Require development practices that maximize energy conservation as a prerequisite to permit approval. · Improve the thermal integrity of buildings, and reduce the thermal load with automated time clocks or occupant sensors. · Introduce window glazing, wall insulation, and efficient ventilation methods. · Introduce energy-efficient hea~ng and cooling appliances, such as water heaters, cooking equipment, refrigerators, air conditioners, furnaces, and boiler units. · Use devices that minimize the combustion of fossil fuels. · Capture waste heat and re-employ it in nonresidential buildings. · Landscape building and median landscape areas with native drought-resistant species, as appropriate, to reduce water consumption and to provide passive solar benefits. Implementation of the above measure will serve to substantially, but not completely, mitigate the polential significant air quality impact. The remaining unavoidable adverse impact is considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. Sigld~cant lnlllaet Localized CO emissions (i.e., "hot spots") associated with the proposed project at the Fourth Street/I-15 Southbound ramps intersection would exceed the state and federal 8-hour state and federal CO standard in the year 1997; however, due to lower emission factors, the project would not exceed any standards in the year 2015. FindinZ~ Specific economic, social, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR. WJB/0OIS0OI3.FIN 8 Facts in Support of Findings Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. The implementation of the No Project/No Development Alternative and the No Project Development as Allowed by IASP Alternative would result in less localized CO emissions compared to the proposed project. The No Project/No Development Alternative would not increase localized CO emissions. The No Project/Development as Allowed by IASP Alternative would result in less localized CO emissions compared to the proposed project; however, the No Project/Development as Allowed by I_ASP Alternative would still result in significant and unavoidable localized CO emissions. Both of these project alternatives were rejected from further consideration because they did not meet the objectives of the proposed project. The Alternative Site would result in the same localized CO emission impacts compared to the proposed project. Develop a transportation demand management (TDM) program that complies with the TDM Ordinance adopted by the City. The TDM program shall include an itemization of the TDM measures. In developing the TDM program, the project developer shall give consideration to the following TDM measures. These measures are recommended for future levels of project implementation, but only as determined to be feasible and appropriate at that time. Provide preferential parking to high-occupancy vehicles. Configure parking to minimize traffic interference. Minimize obstruction of though-traffic lanes. Schedule operations affecting traffic for off-peak hours. Schedule goods movements for off-peak hours. Implementation of the above measure will serve to substantially, but not completely, mitigate the potential significant air quality impact. The remaining unavoidable adverse impact is considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. Significant lrrl0act The project site currently contains active grape vineyards. The loss of these active grape vineyards was assumed in the existing IASP and the IASP EIR. Due to the importance of agricultural operations in the region, the IASP EIR considered this loss as significant and unavoidable with the development of the project site. Therefore, the impact on agricultural crops from the development of the proposed project is also considered significant and unavoidable. Specific economic, social, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR. WJB/OOISOOI3.FIN 9 '~ Facts in SuOport of Findings No feasible mitigation measures are available to mitigate the removal of active grape vineyards from the project site. Except for the No Project Alternative, the alternatives that were analyzed in the EIR could not avoid the significant and unavoidable impact on agricultural land. The No Project Alternative was rejected from further consideration because it did not meet the objectives of the proposed project. Furthermore, the conversion of farmland to urban uses was discussed in the City of Rancho Cucamonga Master Environmental Assessment & General Plan Environmental Impact Report, January 1989. This discussion identified that the area in which the project site is located can most easily support development and will eventually remove large areas of soils that historically supported grape vineyards. However, current market forces such as expanding urban development and the high cost of imported water, have made continued agricultural activities in this area marginally profitable or not profitable. The unavoidable adverse impact on agricularal land is considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. ATYACI~IENT A STATENIENrT OF OVERRIDING CONSIDERATIONS The California Environmental Quali.ty Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its avoidable environmental risks in determining whether to approve the project. The City of Rancho Cucamonga proposes to approve the Warehouse-style Retail Merchandising Center project although unavoidable adverse project impacts to air quality and loss of agricultural land and avoidable adverse impacts due to the project's contribution to cumulative traffic have been identified in the EIR. Where these adverse impacts are reduced through the implementation of mitigation measures, but not to a level considered less than significant, the City of Rancho Cucamonga City Council finds that those impacts are outweighed by the benefits of the Warehouse-style Retail Merchandising Center project. Further, the alternatives that were identified in the EIR would not provide the project benefits, as summarized below, to the same extent as the proposed project. Therefore, the City of Rancho Cucamonga City Council, having reviewed and considered the information contained in the EIR and the public record, adopts the following Statement of Overriding Considerations which have been balanced against the unavoidable adverse impacts in reaching a decision on this project. 1. Strengthen the economic base of the City of Rancho Cucamonga. 2. Provide commercial employment opportunities within the City of Rancho Cucamonga. 3. Provide the opportunity for "Big Box" retail commercial uses to be located in visible proximity to the Ontario Mills project, a regional retail center in the City of Ontario. 4. Contribute to a positive jobs/housing balance. WJB/0O180013 .FIN A-t Statement of Overriding Cons~~i~ ~ I MITIGATION MONITORING PROGRAM FOR ~ WAREttOUSE-gFYLE RETAIZ MERC'IIANDISING CENTER EIR State Clearinghouse Number Submit~d to: City of Rancho Cucamonga Planning Deparnnent 10500 Civic Center Drive Rancho Cueamong, California 91730 Contact: Mild Brart, AICP, Associate Planner Prepared by: Michael Brandman Associates 17310 Red Hill Avenue, Suite 250 lrvine, California 926 14 (7 14) 250-5555 Contact: Michael E. HoulLhan, AICP, Senior Project Manager September 1996 II -×Ht-13tT l.O 2.0 TABLE OF CONTENTS INTRODUCTION ......................................... 1 PROGRAM MANAGEMENT ................................. 1 2.1 Roles and Respomibilili~ ............................... 1 2.2 General Procedures ................................... 2 WJB/00 180013 .NtMP 1.0 INTRODUCTION Section 21081.6 to the Public Resources Code requires a lead or responsible agency that approves or carries out a project where an environmental impact report has identified significant environmental effects to adopt a "reporting or monitoring program for adopted or requir~ changes to mitigate or avoid significant environmental effects." The City of Rancho Cucamonga is the lead agency for the Warehouse- style Retail Merchandising Center EIR. A draft environmen~ impact report has been prepared for ~s project and addressed potential environmen~ impacts and, where apprc~'iate, recommended measures to mitigate ~ impacts. As such, a mitigation r~oning or monitoring program is required to ensure that adopted mitigation measures are implemented. The project is located at the southern boundary of the City of Rancho Cucamonga and is within the existing Industrial Area Specific Plan (IASP). The project site is bounded by Fourth Slxeet to the south, on the west by Milliken Avenue, on the north by various industrial park uses, and on the east by Interstate 15 (I-15). The proposed project includes the development of high impact commercial uses. 2.0 PROGRAM MANAGE~IF,,NT The mitigation monitoring plan (MMP) for the Warehouse-style Retail Merchandising Center EIR viii be in place thxough all phases of project approval. Enforcement of the MMP viii be the responsibility of a Project Manager (PM). 2.1 ROLES AND RESPONSIBrLITIES: PROJECT MANAGER The PM is assigned by the Community Development Department Director. The PM assigned to the proposed project will supervise the MMP through all phases of project approval and is responsible for the overall management of the MMP. The mitigation measures identified in the MMP fall into two categories: Measures that need to be satisfied prior to the issuance of building permits, and Measures that are implemented with subsequent levels of development through conditions of approval. The PM is thoroughly familiar with the project and qualified to determine if an adopted measure is being properly implemented. The PM oversees the MMP and will determine the need for a measure to be modified and ensure the use of a mitigation specialist if technical expertise beyond the PM's is required. If it is found that an adopted mitigation measure is not being properly implemented, the PM would require corrective actions to ensure adequate implementation. The responsibilities of the PM include the following: Appropriate specialists will be retained, as needed. to monitor specific miti~tion activities and provide appropriate written approvals to the PM. W/B,'OOI~,O~I3.MMP , 'Hz PM and/or an assignee will approve, by signature and date, the completion of each action item that is identified on the Mitigation Monitoring Matrix. Uranticipated circummnces may arise requiring the refinement or addition of mitigation measures. The PM is responsible for approving any such refinements or additions. The PM has ane au~x~ity to s~ the work of consu'uclion conwactors if compliance with any aspec~ of a~e MMP is not occurring after wriuen notification has been issued. The PM also has authority to hold certi~caw, s of occupancies if compliance with a mitigation measure attached hereto is not occurring. The PM also has authority to hold the issuance of a business license until all mitigation measures ar~ implemented. 2.2 GENERAL PROCEDURES M~AP Program Definitiom The MMP consists of key program elements. The definitions of these elements are summarized below. MMP File~ F~es are eslablished to document and retain records of the MMP. The file org~ni:,ation is emblished by the PM according to mitigation measures and project phases. F, nvironmental Comi~li~nce Vefific2~on At the completion of construction contracts that are pan of the overall development of the project, a verification of environmental compliance is executed by the PM. The verification concludes the construction monitoring process for the contract. Mitigation Monitoring Program Procedures The policies and procedures for the MMP described herein are intended to provide focused, yet flexible guidelines for monitoring ~he implementation of the mitigation measures discussed in the draft EIR. Table 1 lists each mitigation measure and the implementor, the responsible party _for monitoring, and the timing of implementation for each mitigation measure for the proposed project. Table I also provides the PM a verification of compliance for each mitigation measure during each applicable phase of the project. After each measure is verified for compliance, no fm-ther action is required for the specific phase. The PM shall initial and date the measure on Table 1. wJB. 001SO013 MMP PrOject The environmental effects of the proposed project are analyzed in the Ell to the degree of speci~city appropriate to the current proposed project, in accordance with Section 15146 of the State CEQA Guidelines. This EIR was prepared and certified to provide the primary environmental documentation for three properties located on the project si~e: NFussion Uuzt Company, Investment Oitrnan% and Bixby Ranch Company properties. All three properties included the same proposed amendment to the IASP; however, the three properties were addressed in this EIR commensurate with the level and amount of land planning information. The Mission Land Company property currently has a specific development proposal while the Investment Olinarts and Bixby Ranch do not. Even though the three properties are at different levels of planning, the EIR analysis will serve as the p~nmry environmental document for the following series of actions for all three properties: IASP amendment, subdivision/parcel maps, master plans, conditional use permits, building permits, and grading permits. Where site plans have not been available for the Investment Oltmans and Bixby Ranch Company properties, the City identified intended uses and maximum square footages that the City feels is appropriate for the properties in order to maintain compatibility of uses and intensities within the project area. DiSposition of Monitoring Fornt~ The IVfMP file is kept with the City of Rancho Cucamonga during the pre-design, design, conswuction, and operational phases of the project. The file will be available from the City upon request at the following address: City of Rancho Cucamonga (Lead Agency) Planning Department 10500 Civic Center Drive Rancho Cucamonga, California 9 I730 WJB 0OlS0013 MMP Z .~ 0 E · .<0z ,.., 7 d ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIALAREA SPECIFIC PLAN AMENDMENT 95-05 REQUESTING TO AMEND THE INDUSTRIAL AREA SPECIFIC PLAN TEXT TO ADD WAREHOUSE-STYLE RETAIL MERCHANDISING AS A USE FOR 73 ACRES OF LAND, LOCATED NORTH OF FOURTH STREET, EAST OF MILLIKEN AVENUE, AND WEST OF THE 1-15 FREEWAY IN SUBAREA 12, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-263-18 THROUGH 21,229-263-48 THROUGH 53, AND 229-341-13. A. Recitals. 1. Mission Land and the City of Rancho Cucamonga have filed an application for Industrial Area Specific Plan Amendment No. 95-05, a text change as set forth in the attached Exhibit "A," and described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On September 25, 1996, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution Number 96-58, recommending to the City Council that Industrial Area Specific Plan Amendment 95-05 be approved; and on November 6, 1996, the City Council 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 Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented this Council during the above referenced public hearing on November 6, 1996, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 73 acres of land, basically a stacked rectangle configuration, located north of Fourth Street, south of the extension of Mission Park on the eastern portion and thence south of the extension of Mission Vista Drive on the western portion, east of Milliken Avenue, and west of the I-15 Freeway and which is presently vacant. Said property is currently designated as Industrial Park, Subarea 12 of the Industrial Area Specific Plan, and b. The property to the north of the western portion of the subject site is designated as Industrial Park, Subarea 12 of the Industrial Area Specific Plan, and is developed with office and industrial buildings and vacant, and to the north of the eastern portion of the subject site is designated General Industrial, Subarea 11 of the Industrial Area Specific Plan, and is vacant; the property to the west is designated as Mixed Use, Subarea 18 of the Industrial Area Specific Plan, and is vacant; the property to the east is designated General Industrial, Subarea 14 of the Industrial Area Specific Plan, and includes the I-15 Freeway and vacant land; and the property to the south is designated Regional Commercial, City of Ontario, and is developed. CITY COUNCIL ORDINANCE NO. ISPA 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA November 6, 1996 Page 2 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and This amendment does promote the goals and objectives of the Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties; and f. This amendment could have a significant impact on the environment; therefore, an Environmental Impact Report has been prepared together with a Statement of Findings of Fact in Support of Findings for Significant Environmental Effects of the Project and a Statement of Overriding Considerations and has been certified as adequate consistent with provisions of the California Environmental Quality Act by the City Council of the City of Rancho Cucamonga. 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 Council hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and bo That the proposed amendment could have significant impacts on the environment; however, an Environmental Impact Report has been prepared together with mitigation measures which will reduce most impacts to a level of less than significant. Certain impacts cannot be mitigated to a level of less than significant; however, the benefits of the project outweigh the slight impacts identified for the project and a Statement of Overriding Considerations has been adopted by the City Council of the City of Rancho Cucamonga; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Council hereby approves Industrial Area Specific Plan Amendment No. 95-05, with text changes as set forth in the attached "Exhibit "A." ....' · SECTIO. N IV- LAs~CD USES.: :': SUBAREA 12 LAND USE DESIGNATION Industrial Park PRIMARY FUNCTION This area will provide for a high quality character to several entryways to the City. This area will also provide an opportunity for tourist oriented uses such as hotels and motels which relate to the airport activities. The subarea is located east of Milliken, west of Devore Freeway, south of future alignment of 5th Street to 4th Street and extends along Milliken to 6th Street. PERMITTED USES Custom Manufacturing Light Manufacturing Administrative and Office Professional/Design Services Research Services Light VVholesale, Storage and Distribution Building Maintenance Services Business Supply Retail & Services Business Support Services Communication Services Eating and Drinking Establishments Financial, Insurance. and Real Estate Services Hotel/Motel Recreational Facilities Administrative Civic Services Flood Control/Utility Corridor Automotive Rental Medical/Health Care Services Personal Services Restaurants Adult Entertainment (*) * Adult Entertainment Zoning Permit required. CONDITIONAL USES Automotive Sales and Leasing Automotive Service Station Convenience Sales and Services Entertainment Fast Food Sales EXHIBIT "A-1" IV-74 Food and Beverage Sales Cultural Public Assembly Public Safety and Utility SeNices Religious Assembly Convention Centers Day Care Facilities Schools Restaurant with Bar or Entertainment Warehouse-Style Retail Merchandising Subarea) (See Special Considerations under this EXHIBIT "A-I" IV-75 SPECIAL CONSIDERATIONS PROPOSED JVEW TEXT To preserve and enhance the image of the community, special consideration shall be given to the quality of site design, architecture, and landscaping of all properties adjacent to the 1- 15 Freeway. Attractive screening of outdoor work, loading, storage areas, roof and ground mounted equipment from significant freeway points of view shall be required. As an extension of retail sales now permitted as an ancillary use within a warehouse development, retail sales shall be permitted as a primary use for Warehouse-Style Retail Merchandise businesses within a Warehouse-Style Retail Merchandise Center. Said Centers shall be located within approximately 73 acres of land on the north side of Fourth Street between Milliken Avenue and the 1-15 Freeway. A Master Plan approved through the Conditional Use Permit process shall be required for each Warehouse-Style Retail Merchandising Center. In addition to all uses permitted, or conditionally permitted in Subarea 12, retail uses shall be permitted or conditionally permitted, consistent with the General Commercial Uses within the General Commercial District of the Development Code, Section 17.10.030, and which are incorporated into the Industrial Area Specific Plan by reference. In the event of a conflict between whether a use is permitted or conditionally permitted, the Industrial Park requirement applies. However, added retail uses must offer Warehouse-Style Merchandising as defined and incorporated into each Center's Master Plan. Further, a distinctive Warehouse Style-Retail Merchandising design vocabulary shall be developed for Fourth Street between Milliken and the 1-15 Freeway and incorporated into each Center's Master Plan. Compatibility with adjacent existing and intended Industrial Park and General industrial Development shall be demonstrated through site planning, building design, and landscaping and incorporated into the Master Plan for each Center. EXHIBIT "A-2" IV-77 /ndus[ria[ Area Specific Plan Part HI, Sec. /f TABLE II1-1 (Continued) USE TYPES COMMERCIAL Adult Entertainment Agricultural/Nursery Supplies & Services Animal Care Automotive Fleet Storage Automotive Rental Automotive/Light Truck Repair - Minor Automotive/Truck Repair - Major Automitive Sales and Leasing Automotive Service Court Automotive Service Station Bullcling Contractors Office & Yards Building Contractor's Storage Yard Building Maintenance Services Building & Light Equipment Supplies & Sales Business Supply Retail & Services Business Support Services Communication Services Convenience Sales & Services Entertainment Extensive Impact Commercial Fast Food Sales Financial, Insurance & Real Estate Services Food & Beverage Sales Funeral & Crematory Services Heavy Equioment Sales & Rentals HoteLsMotel Indoor Wholesale/Retail Commercial Laundry Services MedicaIIHealth Care Services Persona{ Services Petroleum Products Storage Recreation Facilities Repair Services Restaurants Restaurants with Bar or Entertainment Specialty Building Supplies & Home Improvement Warehouse-Style Retail Merchandising" NOTES: IP - industrial Park HO - Haven Avenue Overlay District GI - General Industrial MI/HI - Minimum Impact Heavy Industrial HI - Heavy Industrial MU/OS - Mixed Use/Open Space AAA A AAA PPP P P PP CCC C CC C C C C P CC P PP PP PP PPPPP P P PCP P P p AAA P C C P P P CCC P P CC C PPPP CP P PP CCCC CCC CCCC C PPPPP P PP PPP ~ P P U P PP PPP PPPP PP ~ PCPCC P P CP CCP ~ P'P pp PPP PPPp PP P'PCPPCPPP CPPPP PP ~ PPPPPPPPP PPPPP PP C°CCPP CC CC CC C C CCC CC C ~ C CCC ~ C' C CCC CC C ~ PP PP PPP CPCC PP ~ C°C CC CCC CC C C C C CCC C C P CC CCP ~ P PP P P C C CC CCC P P P P PP PP ~ PP PP PPP PPPP P ~ C°C PP PPP CP PP C C C CC C CC CCCCCP CCP PP PPCPP P P PP PPC PP PPP PP P CC CCC CC C PP C This is an exceq3t from the Industrial Area Specific Plan (ISP). Please refer to Table 111-2 of the ISP for a complete description of the land use definitions. If you need help in determining the land use type af a business, please contact the Planning Division at (909) 477-2750. P - Permitted Use' C - Conditionally Permitted Use ' - Non-marked Uses not permitted A - Adult Entertainment Zoning Permit Required - Refer to Haven Avenue Overlay District for additional restrictions *' - Refer to Subarea 12 Special Considerations for additional restrictions<,,-, I EXHIBIT "A-3" 111-4 SECTIO,N II1 - L.4-.'YD USE.TYPE DEFE 9[TIOz%X Do Commercial Use Types PROPOSED NEW TEXT Specialty Building Supplies and Home Improvements: Activities typically include, but are not limited to: retail and wholesale sales and installation of specialty items, such as paint; wall/floor/window coverings; doors and windows; building materials; hardware, plumbing and electrical supplies; bath and kitchen fixtures and supplies; lighting; swimming pools and supplies; and garden furnishings, materials and supplies. Activities shall be conducted in enclosed buildings of 25,000 square feet or less. Uses excluded from this category are general merchandise stores. Warehouse-Style Retail Merchandisincl Business: Within an approved Warehouse-Style Retail Merchandising Center this category adds to the retail uses already permitted for the Subarea in which the Center is situated. Retail uses shall be added which are consistent with General Commercial Uses within the General Commercial District of the Development Code (Section 17.10.030) and which are incorporated herein by reference. In the event of a conflict between whether a use is permitted or conditionally permitted, the Subarea requirement applies. Light Wholesale, Storage & Distribution is already a permitted use. The intent is to emphasize and expand retail use in conjunction with warehouse use in Subarea 12 which is transitional between industrial and retail commercial land use areas. EXHIBIT "A-4" CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: FROM: SUBJECT: November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Debra J. Adams, CMC, City Clerk CITY COUNCIL AGENDA ITEM F1 The attached is a corrected page 5 of the City Council agenda index. In your original packet you have listed Resolution No. 96-149 for the second part of this item. This should be an Ordinance, which has now been given the number of 563. Please excuse the confusion. City Council Agenda November 6, 1996 5 hearing on the Final EIR for a request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, including mitigation measures, a statement of overriding considerations, and a mitigation monitoring plan, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the I-15 Freeway - APN: 229-263-18 through 21,229- 26348 through 53; and 229-341-13. RESOLUTION NO. 96-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 12, ADDING WAREHOUSE-STYLE MERCHANDISING AS A USE AND THE ASSOCIATED STATEMENT OF OVERRIDING CONSIDERATIONS ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN 95-05 - MISSION LAND/CITY OF RANCHO CUCAMONGA - A request to add Big Box retail as a Conditionally Permitted Use on approximately 33 acres, plus a request by the City for consideration of an additional contiguous 40 acres, for a total consideration of approximately 73 acres within the Industrial Park designation (Subarea 12) of the Industrial Area Specific Plan, generally located north of Fourth Street, east of Milliken Avenue, and west of the I-15 Freeway - APN: 229-263-18 through 21,229- 26348 through 53, and 229-341-13. ORDINANCE NO. 563 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-05 AMENDING INDUSTRIAL AREA SPECIFIC PLAN TEXT TO ADD WAREHOUSE-STYLE RETAIL MERCHANDISING AS A USE FOR 73 ACRES OF LAND, LOCATED NORTH OF FOURTH STREET. EAST OF MILLIKEN AVENUE, AND WEST OF THE 1-15 FREEWAY IN SUBAREA 12 -APN: 229- 263-18 THROUGH 21,229-26348 THROUGH 53, AND 229-341-13 RECEIVED NOV 18 1996 Text of Public Commentary Delivered To The Rancho Cucanf~iZZleiiljtiBidli~tlLlC/M~tOIMC-ha, November 6, 1996 by Martin Fordon GITY CLERK A couple of weeks ago my son's car was towed and stored by order of the Rancho Cucamonga Police, without due process. When I exited my garage I saw the tow truck (flat-bed) was in position to remove my son's vehicle. The Deputy Sheriff was standing next to his police car. I approached the Deputy and inquired. He said that he declared the vehicle abandoned and ordered my son's vehicle towed and stored; citing CVC section 2265 l(k). Basically this code prohibits vehicles from being parked in the same place for more than 72 hours. I said, "That vehicle has not been parked for more than 72 hours." He said, "There are cobwebs on the car (pointing to the under-side of the front bumper) and there is debris on, and around the car." He intimated that this indicated that the vehicle had been there for more than 72 hours. He went on to say, "We don't want this (place) to be like San Bernardino;" apparently the appearance of older vehicles offends his sense of aesthetics. He asked me if I had the keys (to the vehicle). I said no; then he continued, as if to intimidate me, "... otherwise the transmission could be damaged." I said, "Whoever damages it will have to pay for it." He had the tow truck driver drag the vehicle with the wheels locked onto the truck; the transmission, of course, was in the parked position. The debris that the Deputy mentioned was leaves; the vehicle was under a deciduous tree. The cobwebs (a system of spider webs) can form in a few hours, and easily form overnight The Deputy's evidence is speculative and not conclusive. Considerations: The vehicle is driven several times a week by the registered owner. The vehicle is currently registered and insured. The vehicle was parked directly outside the registered owner's home. The vehicle is complete and mechanically sound. Doesn't the Deputy need irrefutable evidence to determined that the vehicle was not moved in 72 hours? Is it incumbent on the owner to prove that the vehicle was moved before 72 hours have elapsed? Community Relations: It appears that this Deputy has his own agenda. The Deputy's action does not foster good Police/Community relations; respect from the community is diminished. The following is a prepared statement from my son who could not attend tonight's meeting because he is pursuing his advanced education by attending college evening classes; he is gainfully employed during the day: Members of law enforcement should be aware of the "us against them" syndrome. Not everyone is lying to them. When the officer was told that the car was just driven recently, he just assumed that was a lie. I can understand why many officers may think everyone is not being truthful because of the miscreant members of society that they deal with on a daily basis, but most people are honest. Members of law enforcement should have to follow strict guidelines before they can confiscate an honest, law-abiding citizen's property. Because of a couple of spider webs and leaves around my vehicle, the officer assumed that vehicle was not being driven on a regular basis. His assumption was incorrect; and that incorrect assumption cost me $200.00 plus incidentals, which to me is a lot of money. The deputy's method to declare a vehicle abandoned is arbitrary at best. A Deputy only needs to see a spider web to tow my car. The police believe that owner has to prove his/her innocence. This is contrary to our system of justice. However, I proved that the car is operational by driving it from the tow yard at~er paying my $200.00. The car has also been continually registered and legally insured in this state for the past 17 years. For the most part, I believe that Rancho Cucamonga has one of the best law enforcement agencies in the state, if not the nation. Our rating as one of the nations 10 safest cities proves this. However, I feel this was one time that the police department made a mistake, which people do from time to time. All I ask is that the city now correct its mistake. /'- CITY OF RANCHO CUC,~dvlONGA DATE: TO: FROM: SUBJECT: MEMORANDUM November 6, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Jan Sutton, Deputy City Cl~k~,~/ CORRECTION TO THE AGENDA Was: Is Now: All other information stays the same. caused. This is to advise there is a correction to the Redevelopment Agency agenda under the joint meeting of the City Council and the Agency, Item El. A typographical error was made when typing the resolution number for the Council resolution. Please note the following: Resolution No. 96-146 Resolution No. 96-141 I apologize for any inconvenience this may have ]m