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02-09-2016 CC Rpt C01 . ' COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY (---1 , Meeting Date: February 9...2016 . Item No.: 001 Crty� Public Hearing: Discussion Item: 0 Chino Hill...., Consent Item: n .81.....181.1..................iCiiiii1,i..i1.i...i!i....1!liii..i1i.,AL!1i!..1...i1..i1....i.i1.1.1.1.i.1.iiiiiiiiiiiii iiiiiiiiiiiiiiii.iiiii.i...ii.iiiiii.i.ii.iiii.iiiii.i..ii.ii.ii.i,,,,,.YL.,ii.iii.iiiliii ilii iiiiii.iiii..i..i.i.ii.i.i.ii...i.i.ii.ii'ii'L.""".i"l"� i i i i i i i i i i i i i i i i iii i i iii i iii i i.iii.i""""" iii,.""i""..!i.'"."..1."......1..."....................................."............."."."".."'.......1.....1................................................................... February 2, 2016 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: KONI ADT BARTLAM, CITY MANAGER SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) RECOMMENDATION: 1. Conduct a public hearing, take testimony ony and other evidence as presented; and 2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA ADOPTING THE MITIGATED NEGATIVE DECLARATION, MITIGATION MEASURES ES AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT I4OPA02, ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW I4SPRO4, AND DEVELOPMENT AGREEMENT; APPROVING GENERAL PLAN AMENDMENT 4OPA02 TO CHANGE THE LAND USE DESIGNATION OF THE PROJECT SITE FROM COMMERCIAL TO MIXED-USE, FOR A LAND USE MAP AMENDMENT TO TRANSFER 110 MIXED USE UNITS FROM THE TRES HERMANOS SITE "A" TO THE PROJECT SITE, AND CHANGE THE LAND USE DESIGNATION FOR 4,64 ACRES OF TRES HERMANOS SITE "A" TO AGRICULTURAL/RANCHES; APPROVING ZONE CHANGE 14ZCO2 TO CHANGE THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (CG) TO MIXED-USE (MU); APPROVING TENTATIVE TRACT MAP 10004; RESCINDING OF A PORTION OF SITE PLAN REVIEW O SPRO3; AND, APPROVING SITE PLAN REVIEW I4SPRo4 TO ALLOW THE DEVELOPMENT OF TWO MULTI-TENANT COMMERCIAL BUILDINGS TOTALING 18,000 SQUARE FEET AND 110 FOR-SALE RESIDENTIAL UNITS ON A 12.1-ACRE SITE. 3. Introduce an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA ADOPTING ZONE CHANGE 142002 CHANGING THE ZONING DESIGNATION OF THE PROJECT SITE FROM GENERAL COMMERCIAL CIAL (CC) TO MIXED-USEIIID a AND ADOPTING A DEVELOPMENT AGREEMENT. 163/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 2 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) EXECUTIVE SUMMARY Trumark Homes, LLC, (the Applicant) requested the approval of a General Plan Amendment (14GPA02), a Zone Change (14ZCO2), a Tentative Tract Map (No. 19904), a Site Plan Review (14SPRO4), and a Development Agreement to facilitate the construction of a commercial and residential horizontal mixed-use development project consisting of two multi-tenant retail/commercial buildings with a combined floor area of approximately 18,000 square feet, 68 very small lot single-family detached residential units, and 42 residential attached townhome units. The entire project area is a 12.1- acre vacant site located adjacent to the existing Soquel Canyon Crossings shopping center, on the north side of Soquel Canyon Parkway between Los Serranos Country Club Drive and the SR-71 Freeway. The approval of a Development Agreement is also requested to benefit both the City and the Applicant. As illustrated in the proposed project site plan (Figure 1, below), the commercial component of the proposed project will be constructed on the southwestern portion of the site adjacent to the existing Soquel Canyon Crossings shopping center that abuts the project site. The commercial component consists of two multi-tenant buildings. Building A will measure approximately 6,000 square feet and is anticipated to accommodate a restaurant/food use; while Building B will measure approximately 12,000 square feet and is anticipated to accommodate both retail and restaurant/food uses. The commercial component will be designed with tiled gable roofs, exposed beams under the roof eaves, and earth tone exterior color and material finishes, similar to the abutting Soquel Canyon Crossings shopping center so that the appearance is more in line with the existing shopping center. ,c1 Figure 1 , , "ii ILLK?UMW,—.. NYIK,114101..-it' 1.11 MUM'. /..,.„,,, , \ „vit4, , 1.1kMP401 0I / '' I I ,...,..a...441, ;; ! It ' ll;. ' .II' Ill C ik illj ill 1 114 1 111 kij 4.1 ,11 : it, . ,0 _..F..,., .„.• _ 1 1 L [ L l'TA' ? ..., "HI” •Lr '--,-- -'''' ''. .' '' r 7 1.:.--4 ,----_,kp, .--... ( 1 .. •,- , i . Fil==g;I sr d] e i 4- = ... .--,MI 1 ' --- ' : - . IA - ori .1 , , t,....., rt,.(6.6, ,, ,, ?,..,, ,..:-4_, ,,,± ,[. ., :. ,, i_ ___--- f T 1...,-In P . I ,! ' 1 CI, ,' , ' ;--::, I. ';)—,i . r—r!',i -.T=, ) 1L 41_iji ,iil_ ',,, ---, H-, -: ' I r- 't -',..!--, j / , r_ 1 ! I -. .-,-;,2,_.111,17_,../ 1 ,,c...., 1}-- 1 LL-..n: ;I, „, . , ,02. ,!: ._...._, . ir.r'XII,i v.,1 1, '-' ifr i T - ' iv' r ..-_.: 1.„1,. i ii [__ ....i .11.4.L.4 itri:r”' "I'a I 1 '''''." i tl '. ) , - . ' . ' .1i. ' .'' 'i.t i'l-if '' , '1 j .') 4-'' %IL.j I kiti,i .11.., - ----'LL' l'. ' :1 41 11:I- .r:'j-.'j.1, 1., _ trAWAY_ poi. )::':1 The residential component of the proposed project includes both "very small" single- family detached residential lots with an average lot size of 2,865 square feet and structures, and attached townhome units. The residential component will be situated on approximately 8.71 acres of the project site. The single-family detached component will 164/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 3 r SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) be constructed on the east and northeast portions of the site and will consist of 68 two- story very small lot single-family 1 . tt t rr me component will constructed on the northwest portion of the site to the north of the proposed commercial buildings and will consist of six, three-story condominium buildings each containing seven units, for a total of 42 residential condominium units. In total, the overall project will provide for 110 residential units on 8.71 acres of the project site, resulting in a density of 12.6 dwelling units per acre. Primaryaccess tothe project site will be provided via a proposed full access private street that will be constructedp site where Pomona Rincon Road currently intersects at Soquel Canyon Parkway. Access to the proposed retailicommerciai buildings will be provided from the internalp rivate street system, and via an existing driveway along Soquel Canyon Parkway that currently provides ingress/egress for the existing Soquel Canyon Crossings shopping center. There is an existing reciprocal parking and access 0 agreement between the project site and the Soquel Canyon Crossings shopping center p 1 property, which would provide sharedparking and vehicular access between the two sitesextendingthe existingdrive aisles into the new commercial component of the by project site. The proposed mixed-use pre'e t requires a General Plan Land Use Plan Amendment and Zoning Map Amendment Amen ent to change the Land Use and Zoning designations from Commercial ial to Mixed-Use. The General Plan Amendment and Zone Change require a simultaneous transfer of units consistent with Measure U, to ensure that the proposed willproject not increase the overall residential densityin the Cit .1 The City's General . Plan Update, approved February2015, allocated 474 Mixed Use units to a 20-acre pp portion of Tres Hermanos Site "A", located immediately southwest of Grand Avenue in Chine Hills. As part of the proposed project, 110 residential units would be transferred from the Tres Hermanos site consistent with Measure U, and allocated to the project site. Thus, the General Plan Amendment includes a simultaneous General Plan Land Use Map amendment to transfer 110 mixed-use units from the Tres Hermanos site "A", to the project site. The transfer will reduce the number of units on the Tres Hermanos site "A" from 474 to 364, resulting in no net increase of units in the City. As illustrated in Figures 2a and 2b on the following page, 4.64 acres of site "A" will be re-designated to Agricultural/Ranches, with zero additional units. The unit transfer and re-designation are consistent with the voter-approved Measure U. Measure U(Ordinance No. 123)was approved by a vote of Chino Hills residents in November 1999.Measure U prohibits an increase in residential density except under the following circumstances:(1)approval by a majority vote of Chino Hills residents; as necessary to meet the City's minimum mandated Housing Element requirements as set forth in California Government Code 080,et seq. or through a simultaneous transfer of General Plan designations provided that the net effect of the transfer does not increase the total number of residential units allowed on the properties in the transfer,including, without limitation, the City's share of regional housing needs. 165/470 AGENDA DATE; FEBRUARY 9, 2016 PAGE 4 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) Figure 2a : Figure 2b 11 rt (7( I/11(1 Existing Tres Hermanos Land Use/Zoning Proposed Tres Hermanos Land Use/Zoning The approval of a Development Agreement is also requested to benefit both the City and the Applicant. In conjunction with the proposed mixed-use project, the developer intends to construct two previously approved residential tracts to the north and northeast that abut the project site. The two Tentative Tract Maps (ifivis) were approved in 2007, consisting of a total of 39 single-family detached units. As illustrated in Figure 1 above and in the vicinity map below, TTM 17653 includes 27 approved single-family units and pedestrian improvement along the SCE Easement north of the project site, and TTM 17654 includes 12 approved single-family units to the northeast of the project site (across an existing drainage course). Construction of these two tracts would be done concurrent with the mixed-use development project that is currently being considered. Further, these residential units, along with the proposed very small lot residences and condominiums would be part of the same HOA and governed by the same CC&Rs. On November 17, 2015, the Planning Commission opened the public hearing, and considered entitlement applications and the associated Mitigated Negative Declaration for the proposed Mixed-Use project. At the November 17th meeting, Planning Commission discussion included the following project issues: • Clarification on the proposed traffic mitigation measures, which include an additional left tum lane, traffic signal modification and striping at the intersections of Central Avenue at El Prado Road, and Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road; • Clarification of the shared parking analysis; • Comments regarding the architecture of the project; and, • The required development impact fees applicable to the project and how that is stipulated in the Development Agreement. At the conclusion of the meeting, the Commission requested additional information on the shared parking analysis and continued the public hearing to the December 1, 2015 166/470 AGENDA DATE: FEBRUARY UA 9, 2016 PAGE SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) meeting to allow for additional time to discuss the merits of the project and ask additional questions of staff, the applicant and the City's traffic consultant. At the December 1, 2015 meeting, the Planning Commission resumed the public hearing, and discussion included the following project issues: • Shared parking, street parking, and parking demand • Comment letter from the City of Chino regarding proposed traffic mitigation O Development of a homeowner association board and responsibility of enforcing conditions of approval • Lighting along the trail within the SCE easement • Landscaping of Caltrans property along Soquel Canyon Parkway and adjacent to the project site • Lot sizes ofthe very small lot, single-family portion of the project. Staff and the applicant addressed the Commission's concerns regarding enforcement of the conditions of approval, as well as lighting along the trail. The Applicant also provided a presentation of the project, which included highlighting the architectural theme of the project, amenities, pedestrian circulation, and parking. At the conclusion of the meeting, the Commission requested that the City's traffic consultant provide additional information regarding the proposed intersection improvements and the shared parking analysis. The Commission also requested additional information regarding the findings of the market and financial feasibility study prepared by the City's consultant for the project, and the possibility of converting the residential portion to all single family lots with a minimum lot size of 4,500 square feet consistent with the adjacent Higgins Ranch community. The public hearing was continued to December 15, 2015. At the December 15th meeting, Planning Commission discussion included the following issues:ssues: • Shared parking, street parking, and parking demand t O Comment letter from the City of Chino regarding roposed traffic mitigation at Central and El Prado • Comment letter from Caltrans regarding the use of horizon year 2040 in the traffic analysis and requesting a merge/diverge analysis for the on- and off ramps of the 71-Freeway at Soquel Canyon Parkway. • Traffic impacts at Euclid Avenue/Butterfield Ranch Road related to the n/off ramps at the 71-Freeway • The amount of commercial area that can be supported at the project site • Tenant selection for the commercial component of the mixed-use project • Lighting along the trail within the SCE easement ▪ Landscaping of Caltrans property along Soquel Canyon Parkway and adjacent to the project site • Lot sizes of the very small lot, single-family portion of the project, Staff addressed the Commission's concerns regarding lighting along the trail in the SCE easement, androp osed a draft condition to allow for the installation of lights along the trail. Staff also addressed the Commission's concerns regarding tenant selection. The g g 167/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 6 SUBJECT: HIGGINS RANCH M1XED-USE PROJECT (TRUMARK) traffic consultant provided a presentation of the proposed intersection improvements and mitigation measures, and provided information on the shared parking that was conducted for the proposed project. GRC, the City's economic consultant for the project, provided a presentation regarding the findings of the market/economic analysis and the fiscal issues associated with changing the site's underlying zoningand land use designation from commercial to 0 g 0 mixed-use. The Commission continued thepublic hearing to January 19, 2016, and requested that the City's traffic consultant provide additional information on the comment letter from the City of Chino regarding proposed traffic mitigation at Central and El Prado; update the TIA in accordance with the comment letter from Caltrans to include a 2040 horizon year and a merge/diverge anal is; and provide an analysis of the traffic impacts at Shady y View Drive/Butterfield Ranch Road related to the on/off-ramps at the 71-Freeway. The Commission also requested that GRC provide additional information on the amount of commercial square footage that can be supported at the project site; and additional information on theros and cons of increasing the very small lot size to4,200 square p � feet, including impacts on parking and the development agreement. At the January 19th meeting, the Commission discussed the following issues: • Traffic impacts at Shady View Drive/Butterfield Ranch Road related to the on/off- ramps at the 71-Freeway • The amount of commercial square footage, and how much commercial area can be supported at the project site t a ▪ Lot sizes of the very small lot, single-family portion of the project. t The traffic consultantprovided responses to the updated traffic analyses that had been � requested by the Planning Commission. After further discussing the merits of the project, the Planning Commission voted 5 to 0 to recommend to the City Council approval of the project. PROJECT CASE NO.: General Plan Amendment 14GPA02 Zone Change 14ZCO2 Tentative Tract Map 19904 Site Plan Review I4SPRO4 Development Agreement APPLICANT: Trumark Homes (attn: Eric Nelson) 450 Newport Center Drive, Suite 300 Newport Beach, CA 92660 OWNER: Same LOCATION: North side of Soquel Canyon Parkway, between the Chino Valley Freeway (SR-71) and the Bogue! Crossing shopping center at Los Serranos Country Club Drive. Assessor's Parcel Numbers (APNs) 168/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 7 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) 1028-351-11, 1028-351-30, 1028-351-31, 1028-351-41, 1028-351- 8, SITE DESCRIPTION Parcel Size: 12.1 acres Terrain: Flat Existing Land Use: Vacant Overlay District: No Hazard General Plan: Commercial Sewer Service: City of Chine Hills Zoning: General Commercial Water Service: City of Chine Hills (CG) Location Land Use General Plan Designation Zoning Site Vacant Commercial General Commercial y y (CG) North Vacant (previously Medium Density Planned Development approved single-family Residential (PD97-01) residential tract) Single-family residential Low Density Residential Planned Development (PD97-01) South Soquel Canyon Parkway i i Vacant Mixed Use Commercial Mixed Use (MU) Freeway Commercial (C-F) East Los Serra os Channel s and SR-71 Vacant Low Density Residential Low Density Residential (R-S) West Soquel Canyon Commercial ial Crossings shopping center 169/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 8 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) VICINITY MAP .... , . 4- ii.11,- - — ‘N,1- '11:7,, "';..-1„ Oqi; • r•S,' _ - N. 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' \ • ' ,, . 1 i . 7_..":0rf (/%i•/‘. 1,,:••, Soqutl Canyon Crossings •a. ••,, ,.., •1/4 4 4 ,* 5,, Shopping Center ar \., 0, • :,,, ,..._, „ e r-, _N i /-qcf,/'‘:(1 ,, ,C'y , ,- / . . • •' --,, 1 '1 ::- 4';'. 9'•".!, ' lie** ' . ' •IS ,4,,..1\ „,,, .4, 4,,,4 ,.. , ,‘ , ,....,,, r; r.,..',. 0 '. NO 1.:/ BACKGROUND Previously, the subject property was part of a larger commercial development approved by the City in 2005 (TPM 17412 and Site Plan Review 05SPRO3). As illustrated in Figure 3 below, the approval included the development of an entirely commercial project that included the construction and operation of approximately 93,500 square feet of retail uses, including a drug store, bank, general shops and a super market, and a subdivision of the site for financing and sales purposes. This approval initially called for 170/470 . AGENDA DATE: FEBRUARY 9, 2016 PAG 0 SUBJECT: HIGGINS RANCH CH MIXED-USE PROJECT (TRUMARK) developing the site in two phases, whereby the first phase (phase .1 a) would develop the four buildings at the southwest corner of the site, and the second phase (phase I b) which is located on the current project site, would develop a 52,618 square foot building to accommodate modate a super market and shop, along with a parking lot. Ultimately, only the first phase (Phase I a) was constructed, which is currently developed with four commercial buildings that include a iteAidharma , Firestone Complete Auto Care, p y Wells Fargo, and a multi-tenant building. This commercial development makes up what is currently known as the Soquel el Cay on Crossings shopping center at the northeast corner of Soquel Canyon Parkway and Los Serranos Country Club Drive. The second phase of Site Plan Review 0 SP O3 was never constructed and is now part of the current Trumark mixed-use proposal, and is now proposed to accommodate two commercial buildings totaling approximately 18,000 square feet and six residential condominium buildings that will contain a total of 42 residential condominiums. Figure 3: Site Plan Review No OSP O3 —i-.' ...:........... ilii :�: f -I:4A tit P-4 IP vim Pavi.-*,; al Wir4! i tet i F 'i_ ,{� . #; S , L - l l,L111413 tb_PF Iv tr ,in, i .E„,_ 0„ k ,A..-.iel;,1 111,41. 7,1 w.- iv is.., - a ,'.1.1 Be iri , p; p: ,Ill . .. .._.,, . ,, L.54 -...-r-t, X,: 12_,New.,,,,... . -.._ ..... 4 .. :i;1.. . 4 : i ;,i ',U ,x- _ i ,. 4 . : iyr f i sir-�. ' .. - r . 0 44."' 111 i 1-C Agit . 'i:' t'h7.-1"''---74;- .1-Willi 7"''7.-''''?"-- j ' -''- — Z ,,,if-'' 417-.F-4, ' ' 1 114, *-- --! v?'11N -df--.-c-1‹."- -k'fikk r ' 4. . -.._,..riT .• Alit -..xktitik.:,... "MI . , '-.4 'ir--- e A\..3,4647014 ' lir ,, iih ! i r . - Ai: '11' ' '''''''*.. .1. 7-:: ''''''AMMIL, :''' ''..... :\ - :\ ... -•, ---;7!9,.. .;-'-'---'L''' • • j .- - t -..- .-wu scram-:L' ++i'•i=:+•.i ,: ■- {pyx; !*_ r *4-1r---- _ , M art . . jY a 1 4- yam 'l it-SO 1=-f`r-■.','.••+----,,.. l' , " C MI Sf+ �'-i,om1 -1.4-i ■-� _+--.. -1 11E 1 1 1 '*�`��,' k '� •� s.''�el�- i �i �__._.. ,a � �� i +.-�• � ++- '4.+,t.�. 1�.:•:.:.:-:-::.:)!' .F,�,F.1_}y lar�■• •,x �' Phase ■/+'tea■ *{ F ` w-�■�F"� M''� v...- •.. r " ,wY...Y IJ} ■*.iy,Y'+Y! • a+ i i ice ��+y�+ ` } k * � t �i��} ;x • - # # ri 4} .+r,.*,_a r i :.::---441 +*- F Lir { • . 1111 .. _4__ .-i. supermarket --3-,--.. �}y 2, 1 P.r wa•= r.w,+}-7-•, .4-- ry- Z _.I .1.-..71 .-...IFS1)-, a # ■■i ---• `.>M'At",+'-- -..,"I"'I� T•#hr V� l **r { - I ; IF+ 'M'yF.+,': ry+` • rescinded, T �'y k #■ `i * I 1.1w' .i-{ ' i + r.01.1--1 F i..%. �I 54■ Y r i t }J,I_a-i +Yi i,F�i�� r-` .i li r • . } + - ,. .....,,_,''''-'77--P'11) FL' iti , ... -FFIY'Y�'\;ft, -4.--'i::::17::::- .:-:'::':°:-:-:::::':- + i _',: -;.:,:,:.: ' 1 i (now par t V�Y N&'!'.1 1 I 44, � y ■��yy.■ 1{r M•{■� .-r=•+♦ =Yi♦yi- i _�M�i,., J.1_Fy• a F.y����1{ i 1- ��_ g* M *rR-'_'..}} a {.: 4 }F 1 i L k i in\.dF i # y� project) }�� ■{/�'. rry JJ iJ1 - yF, 13 - - w s ----•••• Fl L•'- i 1 i I. { ec ,a41 I. I I I I I I1 b j) Li Aliti.�`' # . ....... .i. "" f ill�' � : -+ 4.11JI iLU.UIIIE 111 '- � f -_ . i y , ; ■ F �r-�.F.- F 1 s. - � � i ,,:.-....!-.-.-:.....,11 ., 1 a +""Y - s .'" LFI ~' i.. -1 i #} I`` ' '... . *` yt _ . ..�.. , ! 1 a r ti a< �� r,....w, -.,— a...... .,. ;_,„ ■ • :: _--.-i.��aa�- - 7 :7-14:34-443,..-71.. --;,,,L's .-i.-- ---i-,- __ a.e i. -,-' --------0K,-----0- ?'."• ' ''..,r'w _ if I _ Q ( 4 YOM PARKWAY -... ;Lir TI I 1 Phase la, Soquel Canyon I I I` Crossings (existing) On June 26, 2014, applications for a General Plan Amendment 4GPAO2 r a Zone Change (142CO2), a Tentative Tract Map (No. 19904), and a Site Plan Review (I4SFRO4), were submitted to the Community Development Department for processing. Theapplications request approval to develop the 12.1-acre project site, which includes the vacant area between the Soquel Canyon Crossings shopping center, with a horizontal mixed-use development. As indicated above, Trumark is requesting the approval of Site Plan Review No. 14SPRO4 for the development of the mixed use project nsistin of 110 for sale residential dwelling units (42 attached town homes and 68 very small lot detached single-family residences) and two commercial buildings 171/470 1 AGENDA DATE: FEBRUARY 9, 2010 PAGE 10 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) totaling approximately 18,000 square feet to accommodate restaurant and retail uses. TheJro`e t also includes Tentative Tract Map l o. 19904, General Plan Amendment p (No. 14GPA02 , Zone Change (leo. 14ZCO2), and a Development Agreement. The proposed project includes rescinding the Phase 1b portion of the previously approved Site Plan Review 055P 03. As indicated above, approval of the abutting Soquel Canyon Crossings shopping center was to occur in two phases (Phase la and 1 and only the first phase (Phase I was constructed. Since the second phase (Phase Ib) was never constructed and is now part of the current Higgins Ranch (Trumark) mixed-usero salt the approval for Phase b of Site Plan Review O SPl O3 p p must be rescinded. TPM 17412 has expired. Thero#Je t was reviewed by the City's PRC on July 14, 2014, November 17, 2014, and July 20, 2015, and after submittal of additional information and modifications, Staff deemed thep ro`e t applications complete on September 30, 2015. The City Council authorized executing a professional services agreement with GRC Associates to prepare a Market/Economic Analysis Study for the proposed General Plan Amendment and associated Zoning Map Amendment, to change the underlying designation from Commercial to Mixed-Use. As a result, a study was conducted that assessed the benefits and costs to the City of Chino Hills in changing the land use and zoning designations of the project site. On May 26, 2015, the City Council also authorized executing a professional services agreement with Rincon to prepare a Mitigated Negative Declaration (MND) for the proposed Tr mark Mixed-Use project. The Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act CEA to assess the project's environmental impacts. On November 6, 2015, the MND was circulated to the California State Clearing House for a posting and state agency review period of thirty days (as required by CA , and circulated to all appropriate public agencies for comment. Further, the City mailed notices to 4 property owners within a 300-foot radius from the subject property and interested parties, and subsequently published the notice in the Chino Champion Ne on November 7, 2015. The public review period ran from November 8, 2015 through December 9, 2015, and resulted in comments from Caltrans, San Bernardino County, and the City of Chino. t On November 18, 2015, presentedCity's the Cit 's Parks and Recreation Commission with the additional trail improvements proposed by the current mixed-use project. The Commission inquired about several gates along the trail spine that were illustrated on theplans. Although these are gates that were part of the original approval, the Applicant indicated that gates will not be used as vehicular barricades; rather, p decorative bollards will be installed. Thus, to memorialize a the Applicant's intent to install bollards, staff incorporated a condition (Condition 40) to require the use and installation of decorative bollards. As summarized above, on January19, 2016, the PlanningCommission resumed the public hearing for the proposed Mixed Use Project, which had been continued from their meetings of November 17, 2015, December 1, 2015, and December 15, 2015. After further discussing the merits of the project, the Planning Commission on a 5-0 vote adopted a resolution (attached) recommending that the City Council approve the 172/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 11 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT ECT (TRUMARK) Mitigated Negative Declaration, and approve the entitlement applications associated with the Higgins Ranch (Trumark) Mixed Use Development project, Since the project includes a General Plan Amendment, Zone Change and Development Agreement, City Council action is required. As such, it is now before the City Council for consideration. On January 22, 2016, a public hearing notice of tonight's meeting was mailed to 84 property ert owners within a 300-foot radius from the subject property and interested parties (including those who spoke at the Planning Commission meetings). Subsequently, a notice was published in the Chino Champion Nis on January 23, 2016. As of the preparation of this Staff Report, there have been no comments received in response to the notice. GENERAL PLAN All EN MENT/ZONE CHANGE Measure U Consistency Measure U (Ordinance No. 123) was approved by a vote of Chino Hills' residents in November 1999. Measure U prohibits an increase in residential density except under the following circumstances: approval by a majority vote of Chino Hills residents; (2) as necessary to meet the City's minimum mandated Housing Element requirements as set forth in California Government Code §65580, et seq.; or (3) through a simultaneous transfer of General Plan designations provided that the net effect of the transfer does not increase the total number of residential units allowed on the properties in the transfer, including, without limitation, the City's share of regional housing needs. The project includes a General Plan Amendment and Zone Change to change the existing Commercial ial land use and zoning designations, Mixed-Use, This land use change for the property to Mixed Use requires a simultaneous General Plan and Zone Change of a portion of the Tres Hermanos site "A" which will change from Mixed Use to Agriculture/Ranches, and requires a simultaneous transfer of units consistent with Measure U to ensure that the proposed 110 residential unit development would not increase the overall density in the City, as illustrated in Table 1, below. The City's General Plandate, approved February 2015, allocated 474 Mixed Use units to a 20- p acreortion of Tres Hermanos Site "A" located immediately southwest of Grand p � y Avenue in Chino Hills. As part of the proposed project, 110 residential units would be transferred from the Tres Hermanos site consistent with Measure U and allocated to the project site. Table Residential Unit Transfer rom Tres Hermanos Site to Proposed Project Site Tres Hermanos Trumark esit Transfer # of hits Proposed Site size Density Project Name or Entitled1A General Plan Zoning Tres Hermanos (a) 23.7 Mixed Use MU Sit A 364 474 15.36 20 Higgins Ranch 12.6 Mixed Use 1108.71Mixed Use MU (Tru' ark) gross y 173/470 { AGENDA DATE: FEBRUARY 0, 2016 PAGE 12 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) K Note: (a) 4.64-acre land area reduction within Tres Hermanos Site "A' will be re-designated as Agriculture/Ranches with zero units allocated to the re-designated portion, and no increase in the overall density of the Tres Hermanos site A. As illustrated above, transferring 110 units from Tres Hermanos Site "A" to the Trumark Mixed-Use project site will result in re-designating 4.64 acres of the Tres Hermanos site "A" to Agriculture/Ranches with no additional units. As such, the proposed project is consistent with Measure U. General Plan and Zone Consistency The project site is currently designated as Commercial in the Chino Hills General Plan and is consistently zoned General Commercial ial C-C . These designations allow for a wide range of non-residential uses, generally encompassing retail, office and other mixed commercial uses. The proposal includes changing the General Plan Land Use Designation of the subjectro ert from Commercial toMixed-Use, thereby requiring a p p General Plan Amendment,ent, Further, the project includes changing the Zoning designation of the property General Commercial (C-C) to Mixed-Use (MU), thereby requiring a Zone Change. Thep rJ`et would meet the following General Plan goals, policies, objectives and actions: • Land Use Element: O Goal LU-2: Balance residential with commercial, business, and public land uses. Policy LU-2.5: Promote land use patterns that support a regional jobs/housing balance. • Action LU-2.5.1: Achieve a balance of commercial uses that provides for the retail, business, professional, and other service needs of City residents, and that will attract customers from the surrounding region. si Policy W-5.1: Promote infill, mixed use, and higher density development. • Action LU-5.1.1: Identif sites suitable for mixed use development within an existing urban service area and establish appropriate site-specific standards to accommodate odate the mixed uses. • Action W-5.1.4:.1.4: Plan for high density residential and mixed use development near commercial areas, major roadways, and transit facilities. • Housing Element: O Goal H-1: Provide a range of housing types while maintaining the City's overall low density character. Policy H-1:1: Provide a variety of residential opportunities in the City, including large lot estates, low density single-family homes, medium density townhomes, and high density condominiums and apartments. 174/470 AGENDA DATE: FEBRUARY 0, 2015 PAGE 13 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) ARK • Action 1-1-1.1.1: Continue to review the City Land Use Plan and available vacant and underutilized sites to identify appropriate sites for housing at varying densities. • Action H-1.1.3: Encourage multifamily projects of high quality design. Policy H-1.4: Provide for new housing sites to satisfy requirements of state housing law and consistent with Measure U. ▪ Goal 1-1-5: Promote and encourage housing opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition or family size. • Economic Development Element: O Goal ED-I: Promote a diversified economic base. Policy E -I.1: Promote commercial service uses targeted to serve Chino Hills' residents and shoppers from other areas. • Action E -I.1.2: Encourage uses near the SR-71 Freeway and major commercial arterials that have a positive net fiscal benefit to the City. If approved, the proposed mixed-use project would be consistent with the City's General Plan goals, policies, objectives and actions. The development of the project would further the comprehensive planning objectives contained within the General Plan, and will result in public benefits, including: fulfilling long-term economic and social goals for the City and the community; increasing the supply of housing within the City; providing fiscal benefits to the City's general fund in terms ofro erty taxrevenues; providing p p temporary construction employment within the City; and expanding the commercial and residential markets in the City. Further, the intent of the City's Mixed-Use Ordinance is "provide for a varietyof residential products." Thus, consistent with the intent of the top Mixed-Use Ordinance, the proposed project provides for this variety by including attached townhomes,es ve small lot residential units, and typical single-family residential units ranging from 3,161 square feet to ,760 square feet2. It should be noted that, p ursuant to Government Code section No. 65358, any mandatory element of the General Plan maybe modified a maximum of four times per calendary ear. Should the requested General Plan amendment be approved, it would represent this year's first amendment to the City's General Plan. MARKET/ECO N OM C ANALYSIS GRC Associates, Inc. ORS prepared a market and economic analysis for the project, dated November 9, 2015, which includes an addendum, dated January 4, 2016 (Exhibit "C"). GRC's market and economic analysis evaluated the fiscal impacts to the City of converting the 12.1 acres site from Commercial to lied-Use. In assessing the demand for a mixed-useJroject and for a total commercial project, GRC reviewed p 2 These single-family residential units are comprised of the two Tentative Tract Maps TT Is approved in 2007, consisting of a total of 39 single-family detached units. Specifically, 27 single-family units north of the project site (TTM 17653), and 12 single-family units to the northeast of the project site (across an existing drainage course) (TTM 17654). Construction of these two tracts would be done concurrently with the mixed-use development project that is currently beinc proposed. 175/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 14 SUBJECT: HIGGINS RANCH M1XE -USE PROJECT (TRUMARK) current market conditions and socioeconomic factors and determined that the demand for mixed use is substantially stronger than commercial, although the long term property tax and sales tax revenue would be lower for the mixed use project than an all commercial project. The GRC analysis estimated that the annual property tax revenues to the City under an all commercial project would be approximately $33,900, as compared to an estimated $24,400 under the proposed mixed use project. In a span of 20 years the difference could result in $'100,000 in additional property tax revenues to the City under an all commercial ial roject. To offset this potential reduction in property tax, the Applicant has agreed to add the $190,000 difference to the Development Agreement, resulting in a Development ment A reer ent fee of Eight Hundred Forty Thousand Dollars ($040,000). The developer will pay this amount to the City rior to the City's issuance of a building permit for the fifty-fifth (55th) residential unit to be constructed by the developer. Under an all commercial scenario, sales tax revenue from the project site over a 20- year period could be $4.5 million more than the tax revenue under the proposed mixed- use project. However, the GRC analysis notes that the commercial market et for the project site is limited, and revenues from one-time development impact fees for the proposed mixed-use project could generate $3.58 million, compared to an estimated $688,500 for an all commercial project. In response to Planning Commission questions, GRC also conducted a retail demand analysis to assess the amount of commercial square footage that can be supported at the project site. GRC estimated that the maximum supportable retail square footage figure at the project site was approximately 27,000 square feet, and that the project's 18,000 square feet of retail development is supportable and reasonable given the demand for retail space in the area. This information is supported by CRE, the City's economic development consultant that estimates a retail market of about 40,000 additional square feet at the Sequel Canyon/Pomona Rincon area, with the project site able to support about 15,000 to 20,000 square feet of that retail market. PROJECT ECT ANAL SIS a Site Layout and Access The total gross land area of the Higgins Ranch Truman Mixed Useproject site is 12.1 000 acres. The mixed use project includes two multi-tenant retail/commercial buildings east of the existing Soquel Canyon Crossings shopping center. Building A will measure approximately 6,000 square feet and is anticipated to accommodate a restaurant/food use; while Building B will measure approximately 12,000 square feet and is anticipated to accommodate both retail and restaurant/food uses. The residential component includes 42 attached townhomes which will be dispersed throughout six individual buildings, eachcontainingseven units. Each buildingwill measure 40'-6" in height, which will accommodate odate 8-story townhome units. Each townhome will maintain a 2-car arae and additionalguestparkingwill be located along the private streets within the garage, project site. The residential component of the project also includes 68 very small lot detached single-family residences, measuring between 2, 000 square feet and 2,464 square feet in floor area. Further, each residence will be two-stories and the residences 176/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE SUBJECT: HIGG1 S RANCH MIXED-USE PROJECT (TRUMARK) will be constructed on individual lots measuring between 2,300 square feet and up to 4,650 square feet in lot area. Each residence will maintain a 2-car garage, and additional guest parking will be located in the driveways or on the private streets in close proximity to the residences. Trail Feature: Along the northern boundary of the project site, there is a Southern California Edison (SCE) right-of-wayeasement that is approximately ately seven acres in area, measuring 150 feet wide and over 2,000 feet long (east to west). Development within the easement is prohibited with the exception of landscaping, pedestrian paths/trails, and access roads for SCE vehicles and equipment. The previously approved TTM17653 included a pedestrian trail and access road through the SCE p easement that was approved by SCE. The applicant proposes additional pedestrian pathstoprovide increased pedestrian access tothe existing development located p northeast of the flood control channel, as well as the existing Soquel Canyon Crossings shopping center that abuts the project site along the west. The pedestrian spine would include additional minor paths that connect to the proposed residential development along the north and south boundaries of the easement. These connections would further enhance future residents' ability to utilize this open space amenity and encourage walkability and pedestrian access within the vicinity of the project. The additional pedestrian paths will also provide connections between the previously approved single-family residences and the proposed mixed use development, and will provide additional connections between the on-street parking along the northernmost private street and thero osed mixed-use development. The improved trail would also p p provide pedestrian linkage for the existing residential communities located to the northeast of theJro'ect site, which are currently separated by a drainage wash. p Although there is a bridge that crosses said wash, there are no improvements tosafely 0 0 directpedestrians across the bridge toaccess the project site. Installation of the trail 0 , system will provide a valuable linkage between current and future residential uses with the current and future commercial components, thereby facilitating and encouraging pedestrian access between the communities. Landscaping within the SCE easement would include low, drought tolerant shrubs and varying colors of decomposed granite. : Mixed Use Development Standards Since the proposal includes changing the underlying land use and zoning designations to mixed use, the subsequent development is subject to the standards contained in Municipal Code Section 16.13.040. Table 2 illustrates the applicable development standards, and a comparison of the various components of the proposed development. Table 2 Mixed Useevelo n en Standards and the Proposed Development - :::...::::: :::. eked:.L .e: rel.o .01 ..... ... ... Pio ..: . ..:: r:E1)61 .. :: .:: ..:.. .. .. .. ... ... ......... .............. ............ . ........ Standard: ................:.......................................... .............. ...... ..............:........................................ ...........:...... ................................ .................... .......... . .................................... ...................... .. ..... ........ .. ........ ............................................ .................................... ........ Min Project Size: 1 acre nein. Project size measures 2.1 acres in area 177/470 AGENDA DATE: FEBRUARY 0, 2016 PAGE 16 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT ECT (TRUMARK) Table 2 Mixed Use Development Standards and the Proposed Development Mixed Use Development Proposed Development Standards Maximum Height: 42 feet Commercial Buildings: 37 feet Very Small Lot Single-Family Detached: 30-feet Attached Townhome: 401_0" Residential Density: 12.6 duiac 10 duiac min —25 dulac max Minimum ur Residential Private Open Very Small Lot Single-Family Detached: located in rear Space: yards, private open space areas measure between 241 70 sficlu sf/du and 2,284 sf/du Attached Townhome: located in patios/porches and balconies, private open space areas measure 70 sf du Common Open Space: Residential Component: common open space areas Shall be integrated throughout the include two small open space "parklettes" along the residential and commercial private street, towards the eastern portion of the project components. In the residential site. Further, there is an existing Southern California component, common open space Edison (SCE) right-of-way easement that is elements may consist of park and approximately seven acres in area that will become part, swimming pool facilities, rooftop of the mixed use development. The easement will be recreation, community gardens, and improved with landscaping and pedestrian paths/trails enhanced gather spaces. In the that will increase pedestrian access to the existing commercial component, common open residential community located northeast of the flood space elements may consist of outdoor control channel, as well as the existing S qu /Canyon 'patios, outdoor seating and plazas, Crossings shopping center. The pedestrian spine enhanced pedestrian n featurest water would include additional minor nodes that connect to features, gardens, and other enhanced the previously approved residential development to the gathering areas. north. These connections would further enhance future residents' ability to utilize this open space amenity and encourage walkability and pedestrian access within the vicinity of the project. Commercial Component: common open space elements include outdoor dining along the front of the commercial buildings, and a dining and trellised plaza I area between the two commercial buildings. The experience in the area will be enhanced with the incorporation of a water feature to create a more inviting public space. 1 Parking g Required: All residential dwellings provide the Code-required 2-car Per Section 16.34.060, or as otherwise garage for each dwelling, and provide for required guest determined through a City roved parking in driveways and along the private streets; shared parking analysis however, there is a 25 space shortage in guest spaces for the residential component. The commercial component provides for a total of 115 spaces; however, since it is assumed that half of the proposed square footage will be for restaurant/food use, ' there is a 15 space shortage in parking. in accordance with this provision of the Municipal Code, 178/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 17 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) Table Mixed Use Development Standards and the Proposed Development ......... ....................................... .................................................................................................................................................................. . ........................................................................................................................................... ....... ..:......................... ................................................. .................................... ::Development Mixed:�:�.1 e.::.Development.��::�:�:.::::::.�::�.:�::�::::�:.�::�:�:: :::��::�::::::::.:::��:.::�:.::.:..::::�.:.:�..::::::�::�.�.:� .:::�:::::.�.:.::��:�:::�:Proposed... .e.... . . . Standards a shared parking analysis was conducted by the City's traffic consultant. Taking into account forecasted combined peak parking demand for all uses, it was concluded that the projects proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the project's commercial component as well as the parking demand of the resident guests. As illustrated in Table 2, above, the proposed project complies with or exceeds the minimum development standards for properties designated as Mixed-Use. The very small lot detached single-family residences will maintain between 241 square feet and 2,284 square feet of private open space, while the townhomes will maintain 70 square feet of private open space distributed through balconies and private front yards (minimum 70 sfdu . Common open space elements are integrated throughout the residential component, and highlighted by an improved pedestrian open space area within the SCE easement area to the north of the project site. Common open space elements in the commercial component include outdoor patios, outdoor seating, covered trellises and plaza with water feature to enhance the gathering/seating area. Architecture As illustrated in the attached plans, the proposed architectural design of the commercial component of the mixed use project will be consistent with the architecture of the abutting Soquel Canyon Crossings shopping center, thereby blending the sites and creatingan aestheticallycohesive development. A compatible architectural style will be � used in the proposed townhome buildings that abut the Soquel Canyon Crossings shopping center. The proposed verysmall lot single-family detached residential g buildings will incorporate a similar architectural style and will include finish elements, such as smooth stucco façade treatments, tile roof materials and varied elevation planes to reduce the bulk of structures. These finishes and elements are similar to the existing Soquel Canyon Crossings and will create cohesiveness between the existing and proposed structures. Each building will feature 360 degrees of architectural treatments and enhancements. Energy Efficiency The proposed mixed use project demonstrates an increase degree of environmental sensitivity. According to the applicant, not only will the developer build in accordance with the new energy code and LEED standards, the project will include solar ready homes, tankless water heaters, prewiring for Hybrid 'lugins and electric vehicles, water efficient landscape, and will utilize underground detention to reduce urban storm water runoff. 179/470 AGENDA DATE. FEBRUARY 9, 2016 PAGE 18 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) Traffic As part of the CEQA process, Linscoft Law & Greenspan (LLG) was retained by the City as part of the environmental review team. LLG prepared a traffic impact report (TIA) analyzing the traffic impacts that would be generated by the proposed project, which is included as Appendix O in the attached MND document for the project. The project has a total trip forecast potential of 1,975 daily trips, with 164 trips produced in the am. peak hour and 144 trips produced in the p.m. peak hour on a typical weekday. Of these trips, the proposed residential component is forecast to generate 738 daily trips, 69 a.m. peak hour trips, and 78 p.m. peak hour trips, whereas the retail/commercial component is forecast to generate 1,237 daily trips, 95 am. peak hour trips, and 88 p.m. peak hour trips. Table Estimated Project Traffic Trip Generation Land Use Quantity Weekday Peak Hour Total ]all ►l1 PM Trips Residential Component Single Family Detached 68 DU 51 68 647 Residential Townhome 42 DU 18 22 244 Internal Capture -- -0 -12 -153 Residential Total -- 69 738 78 Commercial Component Restaurant 9,000 SF 97 89 1,144 Retail Shops 9,000 SF 9 33 384 Internal Capture -- 0 -12 -153 Pass-ByPass-By Trips -- -11 -44 -138 Commercial Tota! -- 95 66 1,237 Total Project -- 164 144 1,975 Source:LLG, 2015;See Appendix G for full traffic analysis. Note:DV=dwelling unit;SF=square feet Eleven key study intersections were selected for evaluation utilizing San Bernardino County Congestion Management Program (CMP) analysis criteria and traffic study guideline requirements of the City of Chino Hills and the City of Chino. The intersections listed below provide both local and regional access to the project area and define the extent of the boundaries for this traffic impact investigation. The jurisdictions where the study intersections are located are identified as well. 1. Central Avenue at Chino Hills Parkway/Manuel Gonzalez Drive (City of Chino) 2. Central Avenue a B'/Prado Road City of Chino) 3. Central venue Soquel Canyon Parkway at Fairfield Ranch Road (City of Chino Hills) 4. Soquel Canyon Parkway at SR-71 NB Ramps (City of Chino Hit/ /Caltrans) 5. So que/ Canyon Parkway at SR-71 SB Ramps (City of Chino Hi!/ /Caltrans) 180/470 AGENDA DATE: FEBRUARY 0, 2016 PAGE 19 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) 6. Soquel Canyon Parkway at Project Driveway/Pomona Rincon Road (City of Chino Hills) 7. Sop& Canyon Parkway at Los Serranos Country Club Drive/Butterfield Ranch Road(City of China Hills) 8. slate Drive at Soquel Canyon Parkway (City of Chino Hills) 9. Los Serranos Country Club Drive at Torrey Pines Drive (City of Chino Hills) 10.Butterfield Ranch Road at Picasso Drive (City of Chino Hills) 11.Butterfield Ranch Road at Pine Avenue (City of Chino Hills) The following scenarios were evaluated for near-term (Year 2018) and long-term (Post 2035) conditions: 1. Existing traffic 2. Existing plus project conditions 3. Existing plus project conditions plus mitigation (as required) 4. Existing traffic plus ambient growth to the Year 2018 plus cumulative project traffic 5. Traffic in (d) plus proposed project traffic 6. Traffic in (e) plus mitigation (as required) 7. Long-term (Year 2035) Buildout traffic 8. Traffic in (g) plus proposed project traffic 9. Traffic in h plus mitigation (as required) According to the City of Chino Hills guidelines and General Plan Circulation Element, a significant traffic impact occurs when the intersections or roadway projected to operate at LOS D or better without the project would exceed LOS D with the project. A significant traffic impact would also occur if the project results in an increase of 0.01 or more in the volume-to-capacity (V/C) ratio at a location that is projected to operate at LOS E or F without the project. In addition, Caltrans District 8, which encompasses Chino Hills, has established that LOS D is the operating standard for all Caltrans facilities. Regarding project traffic impacts on adjacent intersections, the TMA found that for Year 2018 + Project the project would have peak hour significant impacts at two intersections (Central Avenue at El Prado Road, and Central Ave.isouel Canyon Pkwy at Fairfield Ranch Rd.), resultingin LOS F. Further, the cumulative projects analysis for Year 2035 + Project concluded that the project would have peak hour significant impacts to one intersection (Central Avenue at El Prado Road), resulting in LOS F. However, with implementation of Mitigation Measure T-1 for the proposed mixed use development project, alongwith the improvements required of other developments aslisted above, LOS D will be maintained, thereby mitigating the impacts to a less than significant level. Mitigation T-1 reads as follows: T-1 Traffic Improvements. (a) Central Avenue at El Prado Road in the City of Chino: Provide necessary improvements on the southbound approach on Central Avenue to provide a second left-turn lane. Modify the existing traffic signal and existing striping accordingly and install all necessary roadwork striping, 181/470 { AGENDA DATE. FEBRUARY 9, 2016 PAGE 20 SUBJECT: HIGGINS RANCH CH MIRE USE PROJECT (T(TRUMARK) pavement markings and signs per the City of Chino Standard Design Guidelines. Pursuant to subsequent discussions with the City of Chino, as documented in the December 1, 2015 memorandum from project traffic consultant Richard E. Barrefto, RE., Principal Linscott, Law Greenspan, Engineers to Eduardo Schonborn, Contract Planner, City of Chino Hills, this mitigation measure is consistent with the City of Chino recommended improvement at Central Avenue El Prado Road is identified as Project No. TR-34 in the Development Impact Fee Nexus and Calculation Report for the City of Chino Sub-area II dated April 2004. The project impact to this intersection is cumulative for 2018 conditions. Consequently, the proposed project shall pay their fair-share of the cost to implement the improvement, consistent with the City of Chino requirements. Central Avenue S ciuel Canyon Parkway at Fairfield Ranch Road in the City of Chino Hills: Provide necessary improvements on the northbound approach on Soquel Canyon Parkway/Central Avenue to provide a second left-turn lane. Modify the existing traffic signal and existing striping accordingly and install all necessary roadwork, striping, pavement markings and signs per the City of Chino Hills Standard Design Guidelines. The project shall construct these improvements prior to occupancy, or, if the improvements are installed by another developer prior to occupancy of the project, then the applicant shall pay fair share fees as determined by the City Engineer to the developer that constructs these improvements. Installation or fee payment shall occur prior to occupancy. The above mitigation measure for Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road was revised based on input from the City Engineer to delete the option for an alternative intersection improvement that read: "Alternatively, the applicant shall restripe the northbound approach on Central Avenue to provide a second left-turn lane, remove the northbound right-turn lane and convert the third through lane to an optional shared through/right turn lane, and modify the existing traffic signal and existing striping accordingly and instal/ all necessaryripin ' pavementmarkings and signs per the City of Chino Hills Standard Design Guidelines. Implementation of this alternative improvement in lieu of the option identified above will require the approval of the City of Chino Hills City Engineer. City of Chino Hills is required to offset the incremental contribution of theJ ro'ec to identified 2018 traffic impacts." TR-1(b) above adequately I� mitigates otential project related impacts to the intersection. Deletion of the alternative improvement does not substantially alter the traffic impact analyses or findings of the MND, and consequently, recirculation of the MND is not required. Therefore, implementation of this mitigation measure would result in a less than significant impact upon the issue of Transportation/Traffic. In addition to the required improvements contained in Mitigation Measure T-1, above, the following are project/applicant-sponsored improvements and project design features to allow for safe access into and out of the subject property via Street A at Pomona Rincon/Soquel Canyon. The following ins rover ents/project design features at the 182/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE2I SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) "Street A"-Pomona Rincon RoadiSoquel Canyon Parkway intersection to ensure adequate access and egress to the site includes: • Modifying the existing median along Soquel Canyon Parkway south of Pomona Rincon Road to provide a dedicated eastbound left-turn lane with a minimum storage of 150 feet and a 90-foot transition. • Restriping the northbound approach on Pomona Rincon Road to provide an exclusive left-turn lane, one shared through/right-turn lane and one exclusive right-turn lane. O Constructing the new site driveway (Street A) to provide an outbound left-turn lane and a shared through/right-turn lane and one departure (inbound) lane. • Modifying the existing traffic signal to operate as a five-phase signal, and install new traffic signal equipment as well as install the appropriate pavement markings and striping, as necessary, inclusive of crosswalks across the west leg of Soquel Canyon Parkway and across the site driveway. These improvements would ensure that the project provides adequate access and egress to the site. Euclid Avenue/Shady View Drive/Butterfield Ranch Road During the December 15, 2015 public hearing, the Planning Commission raised concerns with traffic impacts at the intersection of Shady View Drive and Butterfield Ranch Road. Since the intersection had not been included in the project's Traffic Impact Analysis, the Commission requested information on the traffic impacts at Shady View Drive/Butterfield Ranch Road related to the on/off-ramps at the 71-Freeway traffic impacts. Relative to the project's potential traffic impacts at this interchange, a supplemental TIA of Butterfield Ranch Road/Euclid Avenue and the SR-71 Ramps was conducted by LLG in response tothe PlanningCommission's request. According toLLG's assessment, p SR-71 NB Ramps at Butterfield Ranch Road/Euclid Avenue intersection currently operates at LOS B during the AM peak hour and PM peak hour, whereas the SR-71 SB Ramps/Shady View Drive at Butterfield Ranch Road/Euclid Avenue intersection now operates at LOS C during the AM peak hour and PM peak hour. However, it is noted that the westbound left-turn/U-turn movement, specifically, from Butterfield Ranch Road/Euclid Avenue to SR-71 SB Ramps/Shady View Drive now operates at LOS E. Traffic associated with the proposed project will not significantly impact the SR- 7I/Euclid Avenue-Butterfield Ranch Interchange under Existing Plus Project and Year 2018 Cumulative Plus Project traffic conditions based on the LOS standards and impact criteria of the City of Chino Hills. Thus, LLG has concluded that both the intersections of SR-71 NB Ramps ps at Butterfield Ranch Road/Euclid Avenue and SR-71 SB Ramps/Shady View Drive at Butterfield Ranch Rd/Euclid Avenue are forecast, overall, to continue to operate at an acceptable service level. In addition to Level of Service results, a queuing analysis was conducted, specifically for the westbound left-turn/U-turn movement from Butterfield Ranch Road/Euclid Avenue to SR-71 SB Ramps/Shady View Drive. The queuing storage currently provided in the westbound left-turn pocket is now inadequate and cannot accommodate modate existing 183/470 AGENDA DATE: FEBRUARY0, 2016 PAGE22 SUBJECT: HlGGlNS RANCH MIXED-USE 1 -USE P OJECT (TRUMARK) vehicular queues during the AM Peak Hour, but is sufficient to accommodate vehicular queues during the PM peak hour. However, factoring the project-related traffic, the project does not have an impact to the vehicular queues in the westbound left-turn/U- turn movement from Butterfield Ranch Road/Euclid Avenue to SR-71 SB Ramps/Shady View Drive as added project traffic has a nominal effect on the queue length. Caltrans Comments During the MND circulation period, staff received a comment letter from the California Department of Transportation (Caltrans). At the December 15, 2015 public hearing, pp LLG addressed the Commission's questions regarding the letter from Caltrans. However, since Caltrans raised a concern with the use of horizon year 2035 instead of 2040 in the traffic analysis, the Commission requested that LLG provide additional information on how this issue was being addressed. In response to the Commission's request, LLG conducted year 2040 analyses, including a peak hour capacity analysis andy ear 2040 buildout. According to LLG's updated analysis, the original conclusions based on horizon year 2035 continue to remain the same for year 2040. City of Chino Comments Since the City of Chino submitted a letter during the circulation period of the MND, providing omment on and raising concerns with the traffic section of the MND, the Commission requested additional information regarding the improvements at Central Avenue and El Prado in the City of Chino. Following discussions between LLG and Chino, Chino staff has acknowledged that the recommended improvement i.e. second southbound left-turn lane, in combination with the northbound right-turn overlap phase that will be constructed as a Condition of Approval by the Fairfield Ranch Commons project) at this intersection is consistent with future improvements planned by the City of Chino for this key intersection. Further, the recommended improvement at Central Avenue El Prado Road is identified by the City of Chino as Project No. TR-34 in the Development Im act Fee Nexus and Calculation Report for the City of Chino Sub-area II dated April 2004. Thus, as mitigation, the appli ant will pay their "fair-share" of the cost to implement the improvement, consistent with the City of Chino requirements and the recommendations of the Traffic Impact Analysis. The project mitigation measure has been modified consistent with the City of Chino's input. DEVELOPMENT AGREEMENT A Development Agreement is proposed as part of the project. The Development A reementrovides vested rights to the Developer to permit the development of the p p project in accordance with the project approvals and the General Plan, Chino Hills Municipal Code, other regulations and policies in effect upon its effective date. In 0 consideration thereof, the Developer agrees to pay the City a Development Agreement Fee totaling eight hundred forty thousand dollars ($840,000) to be utilized by the City for whateverubli purpose it deems appropriate. This Development Agreement Fee p includes the $'100,000 payment to offset the potential loss in property tax from converting the commercial site to mixed use. Included in the Development Agreement is the pay off by the property owner/applicant of the deferred assessment owed to the City in the amount of $598,496.16, which is the amount, apportioned to this Property under the Weeda Assessment Deferral Agreement between Mrs. Adriana Weeda and 184/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 23 SUBJECT: HIGGINS RANCH CH MIX -USE PROJECT (TRUMARK) County Zone Area 70 Zone CH dated December 8, 1986 recorded on the Property. ENVIRONMENTAL ASSESSMENT In accordance with thep rovisions of the California Environmental Quality Act (CEQA), an Initial Study was prepared of the project's environmental impacts (see attached Draft Initial Study/Mitigated Negative Declaration). Although CEQA identifies a number of categorical exem tions that would exempt proposed project from the preparation of p p environmental documents, the Initial Study and subsequent Mitigated Negative Declaration (MND) were prepared since therop osed project did not qualify for a CEQA eemp tion. The Initial stud Citi ated was prepared for the project by Rincon Consultants, an environmental consulting pre-approved a roved and retained by the City for preparation of the required project environmental documents. Technical studies prepared asp art of the MND included air quality and greenhouse gas modeling, biological resources study, cultural resources survey, noise modeling, and a traffic impact report. In response to several comments from the Planning Commission,n, City of Chino and Caltrans, the TIA was updated. As shown in the attached MND (Exhibit E), the project will not result in or create any significant impacts, or have less than significant impacts aesthetics, agriculture and forestryresources, reenhouse as emissions, hazards/hazardous 0 � materials hdrop /water quality, land use, mineral resources, noise, population and housing, public services, recreation, transportation/traffic; and, utilities. However, the t Initial Study identified that the project may create potentially significant impacts to air quality, biological resources, cultural resources, and transportation/traffic, unless pp mitigated with appropriate measures. A summary of these topics and mitigation 0 measures is provided below. Incorporation of the mitigation measures will result in a less than significant impact. Air Quality It was identified that the project may result in an air quality impact with regards to temporary construction emissions i.e., nitrogen oxides produced during combustions). These emissions would occur during daytime hours only, and would be isolated to the immediate vicinity of the construction site and activity. The potential aesthetic impacts to the visual character of the site have resulted in incorporating a mitigation measure that requires all heavy equipment with an engine rating of 125 horsepower or greater shall be compliant with CA PA Tier ill emissions standards or better. Implementation of this mitigation measure would reduce NOx emissions to below SCAQMD regional significance thresholds. Biological Resources As described above in the Environmental Setting Section of the MND, It was identified that theproject mayresult in an impact with regards to special status species. p 0 Specifically, marginally suitable foraging and nesting habitat for burrowing owl exists on- site. Dirt and debrisp iles with existing burrows and the presence of California ground squirrel provide moderate foraging and nesting habitat for burrowing owl. However, no burrowingowl individuals or sign (e.g., white wash, feathers, pellets) were observed during the reconnaissance survey performed during the breeding season. In addition, 185/470 { { AGENDA DATE: FEBRUARY 0, 2016 PAGE 24 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) the project site has a history of frequent disturbance and is surrounded by residential and commercial development and heavily travelled transportation corridors. These factors further reduce the habitatualitY and potential for occurrence for burrowing owl. Nonetheless, the potential impact to the burrowing owl has resulted in incorporating Mitigation Measure 10-4, which requires pre onstru tion protocol surveys to assure avoidance of impacts to the species Further, the California Natural Diversity Database CDD has records for nine sensitive plant species, five sensitive plant communities, and 16 sensitive wildlife species within five miles of the project site. Sensitive plant and wildlife species typically have very specific habitat requirements, most of which are not found on the project site. Mitigation Measures BIO-1 through 10-3, which require an environmental awareness program, biological monitor, and avoidance and protection measures, would be required to avoid impacts to sensitive biological resources prior to construction. Lastly, the project site contains ornamental trees i.e., bottle tree and crimson bottlebrush), native trees i.e., California fan palm and velvet ash), and native shrubs (i.e., coyote bush) that could provide suitable nesting habitat for several common avian species. Since the proposed project would result in the removal of existing trees, Mitigation Measure 10-5 would be required to reduce impacts to nesting birds to a less than significant level. Thus, implementation of these mitigation measures would result in a less than significant impact upon the issue of Biological Resources. Cultural Resources It was identified that the proposed project may result in an impact to cultural resources, specifically to archaeological resource, paleontological resource, and disturbance of human remains. The potential impacts result from ground-disturbing activities associated with construction of the project. Although these activities would primarily be conducted in areas that have been previously disturbed by agricultural uses on site, Rincon Consultants conducted a search of the California Historical Resources Information System (CHRIS) to identify all previously conducted cultural resources work within the project site and a 0.5-mile radius around it, as well as to identify previously recorded cultural resources within or near the project site. Seventeen potentially historic resources have been recorded within a 0.5-mile radius of the project site. One of these resources is located within the project site, which consists of an isolated mano fragment identified on the surface. Although the historic resource was recorded on the project site, the isolate was collected at the time of its recording and is no longer on the property. Another resource is located directly adjacent to the project site, but was destroyed during grading activities associated with construction of the adjacent residential tract. Lastly, an archaeological site containing human remains was identified approximately 6 feet (2 meters) below grade during construction monitoring in an area approximately 622 yards (569 meters) east of the project site. Due to the presence of recorded resources within and directly adjacent to the project site and the identification of human remains near the project site, ground disturbing activities within the project site would have potentially significant impacts on , archaeolo icalpaleontological, and tribal cultural resources. However, with g 186/470 AGENDA DATE: FEBRUARY 0, 2010 PAGE 2 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) implementation entation of Mitigation Measures CR-1 through CR-8, impacts to cultural and paleontological resources would be reduced to a less than significant level. Further, California Assembly Bill 52 (AB 52) was enacted on July 1, 2015. AB 52 expands CEQA by establishing a formal consultation process for California tribes within the CEQA process. The bill specifies that any project that may affect or cause a substantial adverse change in the significance of a tribal cultural resource would require a lead agency to "begin consultation with a California Native American tribe that is traditional and culturally affiliated with the geographic area of the proposed project." According to the legislative intent for AB 2, "tribes may have knowledge about land and cultural resources that should be included in the environmental analysis for projects that may have a significant impact on those resources." Section 21074 of AB 52 also defines a new category of resources under CEQA called "tribal cultural resources." Tribal cultural resources are defined as `sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe" and is either listed on or eligible for the California Register of Historical Resources or a local historic g register, or if the lead agency chooses to treat the resource as a tribal cultural g resource. Rincon Consultants initiated Native American coordination for the proposed project on behalf of the City of Chino Hills on June 15, 2015. As part of the process of identifying cultural resources within or near the project site, Rincon contacted the Native American Heritage Commission (NAHC) to request a review of the Sacred Lands File (SLF). Rincon did not receive the results of the SLF search prior to initial submission of this report. Rincon sent anticipatory letters to ten Native American contacts who may have knowledge of cultural resources in or near the project site on June 26, 2015. The Soboba Band of Luiseno Indians was the only band that responded to the anticipatory letter with a request to initiate consultation with the project proponents and lead agency, project progress updates, and that a Native American monitor from the Soboba be p present during all ground disturbing activities. As of October 7, 2015 the City has not received any additional responses. In response to a request for consultation under AB 2, the City of Chino Hills arranged a meeting on August 10, 2015 with the Soboba Band of Luiseno Indians (Soboba) to discuss the requested measure by the Soboba for the treatment and disposition of any cultural resources identified during ground disturbing activities related to the current project. As a result of the meeting, the City of Chino Hills agreed to manage any cultural resources finds during the project according to current archaeological industry standards. In addition, consideration would be given to the concerns of the Soboba for any future required work associated with the project e.g., treatment of unanticipated discoveries). Transportation/Traffic Please see the discussion on the transportation/traffic impacts in the Traffic section above. REVIEW BY OTHERS: This item was reviewed by the City Attorney. 187/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE 26 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK) PUBLIC COMMENTS: In response to the Notice of Intent to Adopt (N01) the MND, the City received comments from several public agencies (City of Chino, San Bernardino County Department of Public Works, California Department of Transportation). The comment letters and the responses to comments are included as appendices in the attached MND. PUBLIC NOTICE: On January 22, 2016, notices of the City Council public hearing were mailed to property owners within a 300-foot radius of the project site, and to interested parties (including those who spoke at the Planning Commission meetings). A notice was also published in the Chino Champion on January 23, 2016. As of the preparation of this report, Staff has not received any new comment letters in response to the notice. FISCAL IMPACT: Fiscal benefits of the project include the Applicant's payment of City development impact fees; sales tax associated with the commercial component of the project, as well as sales tax associated with future project residents shopping in Chino Hills and the project site; and, and the Applicant's payment of the Development Agreement Fee to be utilized by the City for whatever public purpose it deems appropriate. Respectfully submitted, Recommended by: up. C a A CD. 'AC Konradt Bartlam Joann Lombardo City Manager Community Development Director KE/JL/ES/KP Attachments: 1. Resolution including Exhibit A - Conditions of Approval 2. Ordinance including Exhibit A - Development Agreement 3. Exhibit "B" — Planning Commission Resolution 4. Exhibit "C" — GRC Market & Economic Analysis 5. Exhibit "0" — Project Plans 6. Exhibit "E" —Mitigation Monitoring Reporting Program (Final Initial Study/Mitigated Negative Declaration, on CD) 7. Exhibit "F" — 01/19/16 PC Staff Report 8. Exhibit "G" 12/15/15 PC Staff Report 9. Exhibit "H" 12/01/15 PC Staff Report 10. Exhibit "I" — 11/17/15 PC Staff Report 11 Affidavit of Mailing 12.Public Notice 13.Mailing List 188/470 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA ADOPTING THE MITIGATED NEGATIVE DECLARATION, MITIGATION MEASURES AND MITIGATION MONITORING ING AND REPORTING ING P OG AM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT 4GPAO2, ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 10904, AND SITE PLAN REVIEW 4SPRO4; APPROVING GENERAL PLAN AMENDMENT 14GPA02 TO CHANGE THE LAND USE DESIGNATION OF THE PROJECT SITE FROM COMMERCIAL TO MIXED-USE, FOR A LAND USE MAP AMENDMENT TO TRANSFER 110 MIXED USE UNITS FROM THE TRES HERMANOS SITE "A" TO THE PROJECT SITE, AND CHANGE THE LAND USE DESIGNATION FOR 4.64 ACRES OF TRES HERMANOS SITE "A" TO AGRICULTURAL/RANCHES; ; APPROVING TENTATIVE TRACT MAP 10904; RESCINDING OF A PORTION OF SITE PLAN REVIEW IE 05SPRO3; AND, APPROVING SITE PLAN REVIEW IEW I4SPR04 TO ALLOW THE DEVELOPMENT OF TWO MULTI-TENANT COMMERCIAL BUILDINGS TOTALING 18,000 SQUARE FEET AND 110 FOR-SALE RESIDENTIAL UNITS ON A 12.1-ACRE SITE LOCATED ADJACENT TO THE EXISTING SO EL CANYON CROSSINGS SHOPPING CENTER, BETWEEN LOS SERRANOS COUNTRY CLUB DRIVE AND THE SR-71 FREEWAY. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fat: A. The Applicant, Tr marl Or s, LLC, requested approval of General Plan Amendment No. I4OPA02, Zone Change No. 14ZCO2, Tentative Tract Map No. 19904, Site Plan Review No. 14SPRO4, and a Development Agreement to construct a commercial and residential horizontal mixed-use development project consisting of two multi-tenant retail/commercial buildings with a combined floor area of approximately 18,000 square feet, 68 verysmall lot single-family detached residential units, and 42 9 residential attached to rrihome units on a 12.1-acre vacant site ("Project"). E. The Project is located adjacent to the existing Soquel Canyon Crossings shopping center, on the north side of Soquel Canyon Parkway between Los Serranos Country Club Drive and the SR-71 Freeway, and is commonly known as Assessor's Parcel Numbers (APN) 1028-351-18, -30, -31, and -41 ("Site"). D. General Plan Amendment I4OPA02 is to change the General Plan Land of 30 189/470 Use designation from Commercial to Mixed-Use at the Site, and a simultaneous General Plan Land Use designation change from Mixed Use to Agriculture/Ranches for a 4.04-acre portion of Tres Hermanos site "A" and transfer of 110 mixed-use units from the Tres Hermanos site "A" to the project site, thereby reducing the units on the Tres Hermanos site "A" from 474 to 364, resulting in no net increase of units in the City, consistent with the voter-approved Measure units. D. Zone Change 14ZCO2 is to change the Zoning designation at the project Site from General Commercial (C-G) to Mixed Use (MU), and a simultaneous Zone Change from Mixed Use to Agriculture-Ranch for a portion of Tres Hermanos site "A". E. Tentative Tract Map No. 19904 is to allow subdivision of the site to accommodate modate 42 residential townhomes and 68 very small single-family residential lots, and a commercial lot. F. Rescind Phase b of Site Plan Review No. O5SPI O3 for the affected portion of the site (Assessor Parcel Map No. 1028-351-41), which was originally approved by the Planning Commission on November 28, 2005. G. Site Plan Review No. 14SPRO4 is to allow the construction of a horizontal mixed use development that includes two multi-tenant commercial buildings totaling 18,000 square feet to accommodate retail and restaurant uses and a total of 110 for-sale residential units on a 12.1-acre site. H. The Development Agreement to address the vesting of certain rights for development of the Project and payment of certain development fees to the City of Chino Hills. I. An Initial Study/Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act CCA" , the State CEQA Guidelines, and the City of Chino Hills Local Procedures for Implementing CEQA. The Initial Study/Mitigated Negative Declaration was available for public review from November er 9, 2015 through December er ber 9, 2015. J. The Planning Commission of the City of Chino Hills held a noticed public hearing on November '17, 2015, opened the public hearing and took public testimony on the project, and continued the public hearing to the December 1, 2015 Planning Commission meeting to allow additional time to discuss the merits of the project and ask additional questions of the applicant. K. On December 1, 2015, the Planning Commission of the City of Chino Hills 2of30 190/470 continued the public hearing to the December 15, 2015 Planning Commission meeting to consider adoption of a resolution. L. On December 15, 2015, the Planning Commission of the City of Chino Hills continued the public hearing to the January 19, 2016 Planning Commission meeting to consider adoption of a resolution. M. The Planning Commission of the City of Chino Hills held a noticed public hearing on January 19, 2016, to review and consider the staff report prepared for the Project, receive public testimony, and review all correspondence received on the Project. N. On January 19, 2010, the Planning Commission of the City of Chino Hills adopted Resolution No. 16R-01, recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and conditionally approve General Plan Amendment No. I40 A02, Zone Change No. 14ZCO2, Tentative Tract Map No. 19904, Site Plan Review No. 14SP 04, and a Development Agreement to construct a commercial and residential horizontal mixed-use development project known as the Higgins Ranch (Trumark) Mixed-Use project. 0, The City Council of the City of Chino Hills held a duly noticed public hearing on February 9, 2016, to review and consider the staff report prepared for the project, receive public testimony, and review all correspondence received on the project. SECTION 2. Based upon oral and written testimony and other evidence received at the public hearing held for the Project, and upon studies and investigations made by the City Council and on its behalf, the City Council does hereby find as follows regarding the Initial Study/Mitigated Ne ative Declaration ("IS/MND ) and Mitigation g 0g Monitoring Reporting Program: A. As required by the California Environmental Quality Act of 1970, as amended, and the Guidelinesror ulg ated thereunder, and further, pursuant to the provisions of Section 753.5 (c) Title 14 of the California Code of Regulations, and the City of Chino Hills' Local Guidelines for Implementing CEQA, the City of Chino Hills prepared an Initial Study to determine if the proposed Project may have a significant effect on the environment. B. To ensure that the Project will have less than significant impacts on the environment, the following mitigation measures were included in the IS/WIND and Mitigation Monitoring Program, prepared in accordance with the California Environmental Quality Act ('CEQA"), the State CEQA Guidelines and the City of Chino Hills Local Procedures for Implementing 3of30 191/470 CEQA, and subsequently revised by the Planning Commission to read as follows: AQ-1 Construction Eggipment Controls. During site preparation, the project applicant shall demonstrate to the Community Development Department that all heavy equipment with an engine rating of 125 horsepower or greater shall be compliant with GARB/BILA Tier ill emissions standards or better i.e. Tier III, or Tier IV). Requiring large equipment used during site preparation to comply with Tier III or better emissions standard will reduce NO emissions to less than the significance threshold. AQ-2 Dust Control. During construction activities, the project applicant shall demonstrate to the satisfaction of the Community Development Director, that the project complies with SCA MD Rule 403 in addressing fugitive dust emissions. Table of the Rule specifies Best Available Control Measures that must be implemented where applicable. This includes adequate watering of the site to reduce fugitive dust emission. Implementation of these measures will reduce fugitive dust emissions during grading to less than the significance threshold. B10-I Worker Environmental Awareness 1 r ram (WEAP),. If sensitive plants or wildlife are observed during the protocol burrowing owl surveys or the pre-construction breeding bird survey, a qualified biologist shall prepare and conduct a Worker Environmental Awareness Program (WEAP) that will describe the biological constraints of the project prior to project construction activities. All on-site personnel who will work within the project site will attend the WEAP prior to performing any work. The WEAP shall be administered to all on-site personnel regarding the results of the pre-construction surveys, sensitive biological resources potentially present on the site, restrictions, avoidance and protection measures, mitigation measures (if any), and individual responsibilities associated with the project. The program shall include the steps to take if workers encounter a sensitive wildlife species i,e. notifying the biological monitor or the construction foreman who shall then notify the biological monitor). Training materials will be language-appropriate for all construction personnel. Upon completion of the WEAP, workers shall sign a form stating that they attended the program, understand all protection measures, and will abide all the rules of the WEAP. A record of all trained personnel shall be kept with the construction foreman onsite. If new construction personnel are added to the project later, the construction foreman shall ensure that new 4of30 192/470 personnel receive training before they start working. The biologist shallre are and provide written hard copies of the WEAPand p p photos of the sensitive biological resources and ESAs to the construction foreman. iv. 10-2 Bioloqical Monitor. If sensitive wildlife are observed during the protocolburrowing powl survey or the pre-construction breeding bird survey, a biological monitor shall be on site to monitor all activities that result in the clearing or grading of areas known to contain the sensitive biological resources to ensure that impacts do not exceed the limits of grading and to minimize the likelihood of inadvertent impacts on special-status species. Where appropriate, the biological monitor shall mark/flag the limits of sensitive areas to restrict project activities near the areas. These restricted areas shall be monitored to protect the species during construction. The biological monitor shall ensure that all biological mitigation measures, BMPs, avoidance and protection measures described in the relevant project permits, approvals, licenses, environmental reports, and CEQA documents, are in place and are adhered to. Monitoring may cease when the sensitive habitats have been cleared or impacted. Theiolog ial monitor shall have the authority to temporarily halt all construction activities and all non-emergency actions if special- status species are identified and would be directly impacted. The monitor shall notify the appropriate resource agency and consult if needed. If needed, and if possible, the biological monitor shall relocate the individual outside of the work area where it would not be harmed. Work could continue at the location if the project proponent and the consulted resource agency determine that the g activity would not result in impacts on the species. The appropriate agencies shall be notified if a dead or injured protected species is discovered within the project site. Written notification shall be made within 15 days of the date and time of the finding or incident (if known) and must include: location of the carcass, a photograph, cause of death (if known), and other pertinent information. v. 10-3 General Wildlife Avoidance and Protection Measures. The project proponent shall implement the following general avoidance and protection measures to protect wildlife, to the extent feasible: a. To minimize construction-related mortalities of nocturnally active species such as mammals and snakes, all work should be conducted during daylight hours. Nighttime work (and use of 5 of 30 193/470 artificial lighting) shall not be permitted unless specifically authorized. If required, night lighting shall be directed away from any preserved open space areas to protect species from direct night lighting. All unnecessary lights shall be turned off at night to avoid attracting wildlife such as insects, migratory birds, and bats. b. If any wildlife is encountered during project activities, it shall be allowed to freely leave the area unharmed. . Wildlife shall not be disturbed, captured, harassed, or handled. Animal nests, burrows and dens shall not be disturbed without prior survey and authorization from a qualified biologist. d. Active nests shall not be removed or disturbed. Nests can be removed or disturbed if determined inactive by a qualified biologist. e. To avoid impacts on wildlife, the project proponent shall comply with all litter and pollution laws and shall institute a litter control program throughout project construction. All contractors, subcontractors, and employees shall adhere to this program. Trash and food items shall be disposed of promptly in predator- proof containers with resealing lids. These covered trash receptacles shall be placed at each designated work site and the contents shall be properly disposed of at least once a week. Trash removal shall reduce the attractiveness of the area to opportunistic red atrs such as common ravens, northern raccoons, Virginia opossums, and coyotes. f. Contractors, subcontractors, employees, and site visitors shall be prohibited from feeding wildlife and collecting wildlife. g. To avoid the potential for mortality and harassment of wildlife, all non-security related firearms, weapons, and domestic dogs shall be prohibited from the project site. vi. 10.4 Burrowing Owl Survej. To assure avoidance of impacts to the species prior to construction, a qualified wildlife biologist shall conduct pre-construction surveys of the permanent and temporary impact areas to locate active breeding or wintering burrowing owl burrows no more than 14 days prior to construction. The survey methodology will be consistent with the methods outlined in the CDFW Staff Report on Burrowing Owl Mitigation (2012). The results of the pre-construction surveys shall be documented and filed with the City's Community Development Department within five days after the survey. If no active breeding or wintering owls are identified, no further mitigation is required. If burrowing owls are detected onsite, the following mitigation measures shall be implemented in accordance with the CDFW Staff 6of30 194/470 Report on Burrowing Owl Mitigation (2012): • A qualified wildlife biologist shall be on-site during initial ground- disturbing activities. A "qualified biologist" for the purpose of this mitigation is defined as individuals who meet the following minimum qualifications: O Familiarity with the species and its local ecology; O Experience conducting habitat assessments and non- breeding and breeding season surveys, or experience with these surveys conducted under the direction of an experienced surveyor; O Familiarity with the appropriate state and federal statutes related to burrowing owls, scientific research, and conservation; O Experience with analyzing impacts of development on burrowing owls and their habitat. • No ground-disturbing activities shall be permitted within a buffer no less than 200 meters (656 feet) from an active burrow, depending on the level of disturbance, unless otherwise authorizedY CDFW. Occupied burrows will not be disturbed during the nesting season (February 1 to August 31), unless a qualified biologist verifies through noninvasive methods that either: (1) the birds have not begun egg-laying and incubation; or (2) juveniles from the occupied burrows are foraging independently and are capable of independent survival. • During the nonbreeding (winter) season (September 1 to January 31), ground-disturbing work can proceed near active burrows as long as the work occurs no closer than 50 meters (165 feet) from the burrow, depending on the level of disturbance, and the site is not directly affected by the project activity. A smaller buffer may be established in consultation with CDFW. If active winter burrows are found that would be directly affected by ground-disturbing activities, owls can be excluded from winter burrows according to recommendations made in the Staff Report on B rrro ing Owl Mitigation (2012) ( through installation of one-way doors). • Burrowing owls shall not be excluded from burrows unless or until a Burrowing Owl Exclusion Plan is developed by a qualified biologist based on the recommendations made in the Staff Report on Burrowing Ow/ Mitigation (2012) and submitted to the City's Community Development Department and the local CDFW office for review and approval. The plan shall include, at 1 a minimum: 7 of 30 195/470 • Confirmation by site surveillance that the burrow(s) is empty of burrowing owls and other species; • Type of scope to be used and appropriate timing of scoping; O Occupancy factors to look for and what shall guide determination of vacancy and excavation timing; ▪ Methods for burrow excavation; O Removal of other potential owl burrow surrogates or refugia on-site; • Methods for photographic documentation of the excavation and closure of the burrow; • Monitoring of the site to evaluate success and, if needed, to implement remedial measures to prevent subsequent owl use to avoid take; o Methods for assuring the impacted site shall continually be made inhospitable to burrowing owls and fossorial mammals. Compensatory mitigation for lost breeding and/or wintering p � habitat shall be implemented on-site or off-site through implementation of a Mitigation Land Management Plan prepared by a qualified biologist based on the Staff Report on Burrowing Owl Mitigation (CDFW 2012) guidance and submitted to the City's Community evelp ment Department and the local CFDW office for review and approval. The plan shall include the following components, at a minimum: O 'em orari disturbed habitat on the project site shall i y be restored, if feasible, to pre-project conditions, including decompacting soil and revegetating; O Permanent impacts to nesting, occupied and satellite burrows and/or burrowing owl habitat shall be mitigated such that the habitat acreage, number of burrows and burrowing owl impacted are replaced based on a site-specific analysis which includes conservation of similar vegetation communities comparable to r better than that of the impact area, and with sufficiently large acreage, and presence of fossorial mammals; O Mitigation land acreage shall not exceed the size of the project site; o Permanently protect mitigation land through a conservation easement deeded to a nonprofit conservation organization or public agency with a conservation mission* If the project is located within the service area of a CDFW approved burrowing owl 8 of 30 196/470 conservation bank, the project operator may purchase available burrowing owl conservation bank credits. ▪ Fund the maintenance and management of mitigation land through the establishment of a long-term funding mechanism such as an endowment. O Mitigation lands shall be on, adjacent or proximate to the impact site where possible and where habitat is sufficient to support burrowing owls present. vii. B10-5 Nesting Birds.. To comply with the MBTA and the California Fish and Game Code, and to avoid and reduce direct and indirect impacts on migratory non-game breeding birds, and their nests, young, and eggs to less than significant levels, the following measures shall be implemented. a. InitialrojJe t activities shall be scheduled outside the breeding bird season, if feasible. The breeding bird nesting season is typically from February 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. b. If initialp rjet activities cannot be avoided during February� through September 15, a qualified biologist shall conduct a pre- construction survey for breeding birds, and active and potential nesting sites within the limits of project disturbance up to seven days prior to mobilization, staging and other disturbances. The survey should end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance. c. If no breedingbirds or active nests are observed during the pre- construction construction surve r if they are observed and will not be impacted, then project activities may begin and no further breeding bird monitoring would be required. d. If an active bird nest is located during the pre-construction survey and potentially could be impacted, a no-activity buffer zone shall be delineated on maps and marked by fencing, stakes, flagging, or other means up to 500 feet for special-status avian species and raptors, or 100 feet for non-special status avianp ecies. The limits of the buffer shall be demarcated so as to not provide a specific indicator of the location of the nest to predators or people. Materials used to demarcate the nests shall be removed as soon as work is complete or the fledglings have left the nest. viii. CR-I Unanticipated Discovery of Cultural Resources. Archaeological and Native American monitoring shall be conducted for all ground disturbing activities within the project site. Monitoring shall be performed under the direction of a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications 9 of 30 197/470 Standards for archaeology (National Park Service 1983). If cultural resources are encountered during ground-disturbing activities, work in the immediate area must halt and the find must be evaluated by the qualified archaeologist. Depending upon the nature of the find, if the discovery proves to be potentially significant under CA, as determined by the qualified archaeologist, additional work such as on site monitoring by a qualified Native American Tribal representative, data recovery excavation, avoidance of the area of the find, documentation, testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution, or other otherappropriate actions may be warranted at the discretion of the qualified archaeologist. The archaeologist shall complete a report of excavations and findings, and submit the report to the City of Chino Hills. After the find is appropriately mitigated, work in the area may resume. ix. R-2 Unanticipated l iscover r of Human Remains. If human remains are found during ground disturbing activities, State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the San Bernardino County Coroner shall be notified immediately. If the human remains are determined to be prehistoric, the coroner shall notify the Native American Heritage Commission (NAHC), which shall determine and notify a most likely descendant 11 L . The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. x. CR-3 Retain a Qualified Paleontologist. Prior to any grading on the project site, the project applicant shall retain a qualified paleontologist to prepare and implement a Paleontologic Resource Impact Mitigation Program to reduce direct and indirect adverse paleontologic aleontol is iir acts on the project site, specifically during earth- moving arth-mov ng activities. Said program shall provide for: the recovery of some scientifically highly hlimportant fossil remains, should any be encountered by such activities; (2) their comprehensive treatment and transfer to a recognized museum repository for permanent storage and maintenance; (3) the recording of associated specimen data and corresponding geologic and geographic locality data and their archiving at the repository (4) ensure the availability of the remains and data for future study by qualified scientific 10 of 80 198/470 investigators; and shall be in place prior to any project grading activities. xi. CR-4 Paleontological Resource Impact Miti ation Program. The Paleontological Resource Impact Mitigation Program shall be prepared and implemented by a paleontologist approved by the City's Community Development Director and the Los Angeles County Natural History Museum LA HM) or San Bernardino County Museum Division of Geological Sciences S CM , xii. CR-5 CR-5Paleontological Monitoring. All earth-moving activities shall be monitored by a qualified paleontologist to allow for the discovery and recovery of larger fossil remains. Said monitoring shall be implemented on a full-time basis once earth-moving activities have reached a depth of 3 feet below the previous ground surface and only in those areas of the project site where such activities will disturb previously undisturbed strata in the younger alluvium. Monitoring will not be required in areas where the younger alluvium will not be encountered below any artificial fill, or where the unit will be buried, but not otherwise disturbed. Ail. CR-6 Recovery of Fossil Specimens. All fossil specimens recovered from the project site as a result of implementation of the mitigation program shall be treated (prepared, identified, curated, cataloged) in accordance with designated museum repository requirements. xiv. CR.-7 Maintenance of a Daily Log. A daily log shall be kept that includes the particular tasks accomplished, the earth-moving activity monitored, the location where monitoring was conducted, the rock unit encountered, the fossil specimens recovered, and associated specimen data and corresponding geologic and geographic locality data. xv. C - Prepare a Final Paleontological Report. A final technical report of the results and findings of the paleontological p g investigations shall be prepared by the paleontologist and submitted to the City. xvi. T-1 Traffic Improvements. ents. (a) entral Avenue at El Prado Road in the City of Chino: Provide necessary improvements on the southbound approach on Central Avenue to provide a second left-turn lane. Modify the existing traffic signal and existing striping accordingly and install all 11 of 30 199/470 necessary roadwork striping, pavement markings ings and signs per the City of Chino Standard Design Guidelines. The Applicant shall pay its fair-share of the cost to implement the improvement, consistent with the City of Chino requirements including the Development Impact Fee Nexus and Calculation Report for the City of Chino Sub-area H dated April 2004, prior to occupancy. Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road_in the City of Chino Hills: Provide necessary improvements on the northbound approach on Soquel Canyon Parkway/Central Avenue to provide a second left-turn lane. Modify the existing traffic signal and existing striping accordingly and install all necessary roadwork, striping, pavement markings and signs per the City of Chino Hilts Standard Design Guidelines. The project shall construct these improvements prior to occupancy, or, if the improvements are installed by another developer prior to occupancy of the Project, then the applicant shall pay fair share fees as determined by the City Engineer to the developer that constructs these improvements. Installation or fee payment shall occur prior to occupancy. C. The mitigation measure R-1 , above, for Central Avenue Soquel Canyon Parkway at Fairfield Ranch Road was revised based on input from the City Engineer to delete the option for an alternative intersection improvement ent that read: "Alternatively, the applicant shall re tripe the northbound approach on Central Avenue to provide a second left-turn lane, remove the northbound right-turn lane and convert the third through lane to an optional shared through/right turn lane, and modify the existing traffic signal and existing striping accordingly and install all necessary striping, pavement markings and signs per the City of Chino Hills Standard p0 Design Guidelines. Implementation of this alternative improvement in lieu of thep tion identified above will require the approval of the City of Chino Hills City Engineer. City of Chino Hills is required to offset the incremental � contribution of thej roect to identified 2018 traffic impacts." TR-1(b) p � above adequately mitigates potential project related impacts to the intersection. Deletion of the alternative improvement does not substantially alter the traffic impact analyses or findings of the MND, and consequently, recirculation of the MND is not required. Therefore, implementation of this mitigation measure would result in a less than significant impact upon the issue of Transportation Traffic. D. A Notice of Intent to Adopt a Mitigated Negative Declaration was filed with the State Clearinghouse on November 9, 2015, and the public review period was duly noticed by mail and published in the Chino Hills 12of30 200/470 Champion on November 7, 2015. The IS/MND and Mitigation Monitoring Reporting Program were available for public review fromNovember 9, 2015 through December 9, 2015. E. The ISNIND prepared for this Project reflects the City's independent judgment and analysis. The revised mitigation measure of TR-1 above is equivalent or more effective in mitigating environmental impacts, and the revisions do not themselves cause any potentially significant effect. Further, the modifications to the mitigation measures do not substantially alter the analyses or findings of the IS/NAND and recirculation of the IS/MND was not required pursuant to section 15073.5 of the CEQA Guidelines. The City Council finds that there is no substantial evidence that the Project would have a significant impact on the environment with the inclusion of the mitigation measures set forth above in Section 2.B. SECTION 3. With regard to the approval of General Plan Amendment 1 GPA02, based upon oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the City Council and on its behalf, the City Council does further find, pursuant to Section 16.60.030 of the Chino Hills Development Code ("Development Code") and Government Code Section 65358, as follows: A. FINDING:G: That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment; FACT: The appropriateness of the site lends itself to the need within the community for the proposed Mixed Use designation. It is important to the economic vitality of the community to have a variety of residential and complementary commercial uses. Commercial uses provide important services to the residents of the community as well as sales tax revenue to the City. Further, the proposed amendment will allow for a broader range of commercial and residential uses for the site that will result in the allowance of the site to provide for greater commercial services and housing options to the greater community, and widens the commercial and housing opportunities available to the residents of the City and provides a broader economic base for the City. Lastly, the demand for mixed use is ubstantialfY stronger than commercial, although the long term property tax and sales tax revenue would be lower for the mixed use project than an all commercial project; however, revenues from one-time development impact fees for therop osed mixed-use project could generate $3.58 million, 30 201/470 compared to an estimated $688,500 for an all commercial project. B. FINDING: That the proposed amendment is consistent with the goals, policies and objectives of the General Plan; FACT: The proposed amendment is consistent with the following goals, policies, and objectives of the General Plan: • Land Use Goal LU-2: Balance residential with commercial, business, and public land uses; • Policy LU-2.5: Promote land use patterns that support a regional jobs/housing balance; • Action LU-2.5.1: Achieve a balance of commercial uses that provides for the retail, business, p rofessional, and other service needs of City residents, and that will attract customers from the surrounding region; • Polic „L -- ,`I; Promote infill, mixed use, and higher density development. • Action LU-5.1.1: l ntif r sites suitable for mixed use development within an existing urban service area and establishpp ro riate site-specific standards to accommodate the mixed uses. • Action L -5.1.4: Plan for high density residential and mixed use development near commercial areas, major roadways, and transit facilities. • Housina Goal H-1: Provide a range of housing types while maintaining the City's overall low density character. • Policy H-1:1: Provide a variety of residential opportunities in the City, including large lot estates, low density single-family homes, medium density townhomes, and high density condominiums and apartments. • Action H-1.1.1: Continue to review the City Land Use Plan and available vacant and underutilized sites to identify appropriate riate sites for housing at varying densities. • Action -1.1.3: Encourage multifamily projects of high quality design. • Policy -I.4: Provide for new housing sites to satisfy requirements of state housing law and consistent with Measure U. • Goal H-5,: Promote and encourage housing opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition or family size. • Economic Development Goal D-I: Promote a diversified economic base. 14 of 30 202/470 } • Policy -1.1: Promote commercial service uses targeted to serve Chino Hills' residents and shoppers from other areas. • Action ED-1.1.2: Encourage uses near the SR-71 Freeway and major commercial arterials that have a positive net fiscal benefit to the City. C. FINDING: That the proposed amendment will not conflict with provisions of the Development Code, subdivision regulations, or any applicable specific plan; FACT: The proposed project complies with or exceeds the minimum development standards for properties designated as Mixed- Use in that the overall project size measures 12. 1 acres in area (1-acre minimum required); maintains a proposed density of 12.6 duiac (10 du ao minimum um req ired ; the maximum proposed building height is 40'-6" (maximum imur allowable is 42'- 0"); and, the very small lot single-family detached residential units will maintain between 241 square feet and 2,284 square feet of private open space, while the twnhores will maintain a minimum of 70 square feet of private open space distributed through balconies and private front yards (minimum 70 sfdu . Further, in compliance with the Mixed Use development standards, common open space elements are integrated throughout the residential component, and highlighted by an improved pedestrian open space area within the SCE easement area to the north of the project site; common open space elements in the commercial component include outdoor patios, outdoor seating, trellises and plaza with water feature to enhance the gathering area. Parking is distributed throughout the site, whereby all residential dwellings provide the Code-required 2-car garage for each dwelling, and provide for required guest parking in driveways and along the private streets; however, there is a 25 space shortage in guest spaces for the residential component. The commercial component provides for a total of 115 spaces; however, since it is assumed that half of the proposed square footage i.e., 9,000 square feet) will be available for restaurant/food use, there is a 15 space shortage in parking. Thus, in accordance with the Municipal Code, a shared parking analysis was conducted and concluded that the project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the project's commercial component as 15 of 30 203/470 well as the parking demand of the residential guests. The City Council adopts the findings of the report. D. FINDING: In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties; FACT: The proposed amendment will change the land use policy map for a 12.1-acre area from Commercial to Mixed-Use. The subject site abuts a commercial development i.e., the Soquel Canyon Crossings shopping center) to the immediate west, and there are also single-family residences to the north of the subject site, including a previously approved single-family residential tract that will be constructed concurrently with the mixed-use project. A mixed use project has been entitled directly south of the project site. The associated development includes two new commercial buildings that are compatible with the adjacent Soquel Canyon Crossings shopping center and will create a more cohesivep earan e. Further, the associated development includes residential townhouse and very small lot single-family residential. Thus, the Mixed-Use land use will provide a transitional zoning and development between the existing commercial uses and the single-family residential uses to the north. Therefore, the changes to the land use policy map from Commercial to Mixed-Use are compatible and consistent with the surrounding properties. E. FINDING: With respect to all applications which seek to increase density for single-family detached residential development projects, including residential developments in the Planned Development district or in a PD development, that a fiscal impact analysis has been prepared as required by the City and paid for by the applicant. Further, this report shall include an analysis of the project's effect on the City's revenues, expenditures, service levels, capital improvement vement needs and project's ability to generate tax revenue. FACT: GRC Associates, Inc. (GRC) prepared a market and economic analysis (titled "Trur ark Homes Mixed-Use Development Mari et conomic Analysis", dated November 12, 2015) for the project to evaluate the fiscal impacts to the City of converting the 12. =acre site from Commercial to Mixed-Use, and evaluate the fiscal impacts of a total commercial scenario. The analysis found that although the commercial scenario could yield more property and sales tax over a 20 year period, the retail demand 6 of 30 204/470 { { at the project site may not be as strong due to its location and nearby competition. A condition of approval has been added to require the developer to pay the difference in property tax as part of the development agreement. GRC also prepared a retail demand analysis (titled "Trumark arl Project — Retail Demand", dated January 4, 2016), which found that the Project's 10,000 square feet of retail development is supportable and reasonable at the Project site, given the demand for retail space in the area. This information was supported by CBRE, the City's economic development consultant that estimates a retail market et of about 40,000 additional square feet at the Sa uel Canyon/Pomona Rincon on area, with the project site able to support about 15,000 to 20,000 square feet of that retail market. SECTION 4: With regard to the approval of Tentative Tract Map No. 10904, basedp on oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the City Council and on its behalf, the City Council does further find, pursuant to Appendix D, Section 83.040110(c) of the Chino Hills Municipal Code ("CHMC")C" and Government Code Section 66474, as follows: A. FINDING: The proposed subdivision, together with the provisions for its design and conceptual improvements, is consistent with the General Plan; FACT: The total land area of the project site measures 12.1 acres. The proposed General Plan Amendment and Zone Change will change the General Plan Land Use designation from Commercial to Mixed-Use. The proposed project is consistent with the applicable goals and polices of the land use and housing elements of the Chino Hills General Plan indicated in Section 3 8, the General Plan Amendment section above. The General Plan Amendment furthers the comprehensive planning objectives contained within the General Plan, and results in public benefits, including: fulfilling long-term economic and social goals for the City and the community; increasing the supply and diversity of housing within the City; provides fiscal benefits to the City's general fund in terms of increased property tax revenues; provides temporary construction employment within the City; and expands the mixed-use market in the City. B. FINDING: The site is physically suitable for the type and proposed density of the development; 17 of 30 205/470 { FACT: The subject property measures 12.1 acres in area and is sufficient in size to accommodate the proposed Mixed-use project. The buildings are sufficiently spaced, the project provides for open space, outdoor recreational areas for the future tenants, gathering spaces for the commercial component, complies with the applicable setbacks, and has a density of approximately 12.6 units to the acre, all of which comply with the Mixed-use development standards. C. FINDING: The design of the subdivision or the proposed conceptual improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat; FACT: An Initial Study was prepared of the project's environmental project. impacts. the will not result in or create any significant p impacts, or have less than significant impacts to aesthetics, agriculture and forestry resources, geology/soils, greenhouse gas emissions, hazards/hazardous materials, hydrology/water quality, land use, mineral resources, noise, population and housing, public services, recreation; arid, utilities. However, the Initial Study identified that the project may create potentially significant impacts to air quality, biological resources, cultural resources, and transportation/traffic, unless mitigated with appropriate measures. Thus, incorporating mitigation measures will result in a less than significant impact such that the project is not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. D. FINDING: That the design of the subdivision or type of improvements is not likely to cause serious public health problems; FACT: The design of the subdivision and improvements of the Project is not likely to cause serious public health problems as the subdivision has been reviewed by the City and the Chino Valley Independent Fire District and the conditions of approval for the Project ensures that the subdivision and improvements meets the standards and intent of the Development Code which is to provide high quality residential development in the community. The IS/MND analyzed hazards and public services and concluded that the project would not have a significant impact. Additionally, to ensure that the subdivision and improvements will have a less than significant impact on the 18 of 30 206/470 { environment, mitigation measures were included in the 1S/MND and Mitigation ation Monitoring Reporting Program, prepared in accordance with the California Environmental Quality Act ('CEQA"), the State CEQA Guidelines and the City of Chino Hills Local Procedures for Implementing CEQA as discussed in Section 2 above. E. FINDING: The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access or use of property within the proposed subdivision; FACT: The design of the Project subdivision has considered all easements for thep ublic at large for access or use of the Site. All existing easements on the Site will remain in place and the SCE easement will be used to accommodate a public pedestrian trail system. The improved trail would provide pedestrian linkage for the existing residential communities located to the northeast of theJro*ect site, which are currently p separated by a drainage wash. Although there is a bridge that crosses said wash, there are no existing improvements to safely direct pedestrians across the bridge to access the project site. Installation of the trail system will provide a valuable linkage between current and future residential uses with the current and future commercial components, thereby facilitating and encouraging pedestrian access between the communities. Lastly, this area was originally approved to accommodate a trail when the tracts to the north were approved. The current development proposal provides additional trails to connect the previously approved tracts with the proposed commercial component of this mixed-use project. F. FINDING:G: The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; FACT: The Project will build in accordance with the new energy code and LEER standards, the project will include solar ready homes, tankless water heaters, prewiring for Hybrid Plugins and electric vehicles, water efficient landscape, and will utilize underground detention to reduce urban storm water runoff. Further, the project proposes trees and vegetation on site that will provide natural cooling to reduce the effects of urban heat on Site. G. FINDINQ: The proposed subdivision of land, its design, density and type 19 of 30 207/470 of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law, FACT: The proposed General Plan Amendment and Zone Change will change the General Plan Land Use designation for the 12.1 acre area. The related development provides buildings that are sufficiently spaced, the project provides for open space, outdoor recreational areas for the future tenants, gathering spaces for the commercial component, complies with the applicable setbacks, and has a density of approximately 12.6 units to the acre, all of which comply with the Mixed-use development standards H. FINDING: If the proposed subdivision is a conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project, the Planning Agency must make the additional finding that the proposed subdivision shall comply with the requirements of California Government Code Sections 66427.1(a) and 66452.10 prior to approving the proposed subdivision. FACT: The Project is not converting residential real property into a condominium project, so this finding is not applicable to this Project. I. FINDING: In the event that the land within a proposed subdivision is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing mencing with Section 5 200 of Chapter 7 of Division 1 of Title 5 of the California Government Code), and the lot areas are less than that required in Subsection 83.040220(a) the Planning Agency must make the following additional findings in order to approve the subdivision. FACT: The Site is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965, so this finding is not applicable to this Project. J. FINDING: Thep roposed subdivision is not a land project; or the proposed subdivision is a land project and a specific plan covering the area proposed to be included within the project has been adopted by the Board of Supervisors; and the proposed subdivision together with the provisions for its design and improvement are consistent with the adopted specific plan. 20 of 30 208/470 i FACT: The Project is not a "land project" as it contains less than 50 parcels (per California Business and Professional Code, Division 4: Real Estate, Part2, Chapter 1, Article -I Section 11000.5) and no specific plan was adopted for the Site. SECTION 5. With regard to Site Plan Review No. OSP O3, the proposed project includes rescinding the Phase 1 b portion of Site Plan Review O SP O3. Approval of Site Plan Review No. 0 SP 03 had approved the abutting Soquel Canyon Crossings shopping center, which called for construction of the project in two phases (Phase la and I b). Since only the first phase (phase a) was constructed (known as the Soquel Canyons Crossings shopping center), and since the second phase (phase I b) was never constructed and is now part of the current Higgins Ranch (Trumark) mixed-use proposal, the approval for Phase Ib of Site Plan Review OSP O3 is hereby rescinded based on the facts and findings set forth in Section 7 below. SECTION 6. With regard to the approval of Site Plan Review I4SP 04, based upon oral and written testimony and other evidence received at the public hearing held for this item, andp on studies and investigations made by the Planning Commission and on its behalf, the Planning Commission fission does further find, pursuant to Section 16.76.060 and Section 16.13.030 of the Development Code as follows: A. FINDING: That the proposed uses are consistent with the General Plan; CT: The proposed Project is for the development of a horizontal mixed use development that includes two multi-tenant commercial buildings totaling 18,000 square feet to accommodate retail and restaurant uses and a total of 110 fer- sale residential units on a 12.1 acres site. The proposed development is consistent with the General Plan by furthering the goals and polices of the land use and housing elements of the Chino Hills General Plan indicated in Section 3.B, the General Plan Amendment section above. The proposed development would further the comprehensive planning objectives contained within the General Plan and will result in public benefits, including: fulfilling long-term economic and social goals for the City and the community;; increasing the supply of housing within the City; providing fiscal benefits to the City's general fund in terms of increased property tax revenues; pg p rovidin temporal), construction employment within the City; and expanding mixed-use development in the City. B. FINDING: That the nature, condition, and development of adjacent uses, 21 of 30 209/470 buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; FACT: The proposed mixed use development project is located on a property that is surrounded by commercial and residential land uses. The Project will not adversely affect surrounding properties as there is existing commercial uses to the west and previously proved and existing residential uses to the north and northeast. The development of additional residential units and commercial uses within this setting is an appropriate use for this property as it is consistent with General Plan and Zoning as indicated in above. Therefore, the proposed development would be compatible and consistent with the surrounding properties and would not adversely affect, or be materially detrimental to these adjacent uses, buildings, or structures. C. FINDING: That the site for the proposed use is of adequate size and shape to accommodate modate the use and buildings proposed; FACT: The Project Site is located in an area that is mostly developed with urban uses, including all necessary infrastructures. The Project Site are physically suitable to accommodate the horizontal mixed-use development at the current density of 12.6 dwelling units per acre and meets all applicable Development Code standards, including setbacks, height requirements, lot coverage, and parking as fully detailed in the Planning Commission n staff report for this Project, which are incorporated herein by reference. The Project Site provides adequate interior circulation and parking, setbacks, building separations, landscaping, and, open space and amenities for the residents and the commercial uses. As such, the Site adequately accommodates the proposed use and buildings. D. FINDING: That the proposed use complies with all applicable development standards of the zoning district; FACT: The proposed project complies with or exceeds the minimur development standards for properties designated as Mixed- Use ixe -Use in that the project size measures 12.1 acres in area (1- acre minimum required); maintains a proposed density of 12.6 du a (10 duan minimum um re uired ; the maximum proposed building height is 40'-6" (maximum allowable is 42'-0"); and, the very small lot single-family residences will maintain between 22 of 30 210/470 241 square feet and 2,284 square feet of private open space, while the condominiums will maintain 70 square feet of private open space distributed through balconies and private front yards (minimum 70 sf du . Further, common open space elements are integrated throughout the residential component, and highlighted by an improved pedestrian open space area within the SCE easement area to the north of the project site; while common open space elements in the commercial component includes outdoor patios, outdoor seating and plaza with water feature to enhance the gathering/seating area. Lastly, parking arkin has been distributed throughout the project site, which includes the required enclosed residential parking for each residence; visitor parking and on-site parking for the commercial component have been provided; and a shared parking analysis has been completed as part of the traffic impact analysis, which has concluded that the Project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the Project's commercial l component as well as the parking demand of the resident guests. E. FINDING: That the proposed use observes the spirit and intent of this Development Code; FACT: The proposal is for a horizontal mixed-use development consisting of approximately 18,000 square feet of commercial uses and 110 residential units in the Mixed Use zoning district. The Project is consistent with the purpose and intent of the Development ent Code. F. FINDING: The mixed use project incorporates the following elements: walkability and connectivity; inviting and functional public spaces; mix of housing and commercial uses; consistent high quality design and materials; compatibility with adjacent land uses, and environmental sensitivity. FACT: Thero sed mixed use development incorporates a trail p p system that provides connectivity for residents in the area to access the new and existing commercial ial components. Further, itp r vides for a functional use of an existing SCE easement that would otherwise be left in an unimproved and unmaintained state. The commercial mercial component includes outdoor patios, outdoor seating and plaza with water feature to enhance the gathering area. The proposed project also provides for a mix of housing and commercial uses, including single-family and multi- 23 of 30 211/470 family condominiums along with retail and restaurant uses within the development, which Staff believes are complementary uses in a mixed use project. Lastly, as indicated above, Staff believes that the project is compatible with the surrounding uses and will not adversely affect surrounding properties. G. FINDING: The mixed use project enhances surface parking with strong pedestrian linkages, landscape, and lighting. Any parking structures shall be screened with landscaping and/or architectural features designed to e compatible with the architectural style of the buildings in the mixed use development. FACT: A shared parking analysis was conducted, and concluded the project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the project's commercial component as well as the parking demand of the resident guests. The surface parking is situated in a manner that facilitates use by both commercial and residential visitors. Further, thero osal calls for landscaping throughout the p p parking area that exceeds the Development Code's minimum requirements. Lastly, thep roposal does not include a parking structure. H. FINDING: The mixed use project complies with the development standards set forth in Section 16.13.040 of this Chapter. FACT: The compliesro osedproject with or exceeds the minimum p p development standards for properties designated as Mixed-Use in that the the project size measures 12.1 acres in area (1-acre minimum required); maintains a proposed density of 12.6 duac (10 du ac minimum required); the maximum proposed building height is 40'-0" (maximum ur allowable is 42'-0"); and, the very small lot single-family residences will maintain between 241 square feet and 2,284 square feet of private open space, while the condominiums will maintain 70 square feet of private open space distributed through balconies and private front yards (minimum 70 sf du . Further, common open space elements are integrated throughout the residential component, and g 0 highlighted by an improved pedestrian open space area within the SCE easement area to the north of the project site; while common open space elements in the commercial component includes outdoorp atios, outdoor seating and plaza with water feature to enhance the gathering/seating area. Lastly, parking 24 of 30 212/470 has been distributed throughout the project site, which includes the required ncl sed residential parking for each residence; visitor parking and on-site parking for the commercial component have been provided; and a shared parking analysis has been completed as part of the traffic impact analysis, which has concluded that the Project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the Project's commercial component as well as the parking demand of the resident guests. 1. FINDING: The mixed use project complies with the Mixed Use Guidelines specified in Section 16.13.050. Mixed use projects shall provide unique contributions to the surrounding community through enhanced architectural treatments and designs incorporated throughout the residential and commercial components, dynamic and inviting public spaces, and distinctive commercial uses that expand the dining, shopping, and entertainment opportunities available to the community. FACT: The proposed architectural design of the commercial component of the mixed use project will be consistent with the architecture of the abutting Soquel Canyon Crossings shopping center, thereby blending the sites and creating the appearance of a cohesive development. Further, the architectural style will also be used in the proposed multi-family condominium buildings that also abut the Bogue/ Canyon Crossings shopping center, which creates stronger cohesiveness. The proposed single family residential buildings will incorporate similar architectural style and wilt include finish elements, such as smooth stucco façade treatments, tile roof materials and varied elevation planes to reduce the bulk of structures. Since these are finishes and elements that will be found throughout the mixed use development, and are existing finishes and elements that are currently found in the adjacent commercial and residential uses, the proposed mixed use project will be compatible with the abutting developments and the immediate vicinity. Further, the commercial component includes outdoor patios, outdoor seating and plaza with water feature to enhance the gathering/seating area experience and create a welcoming environment. The proposed buildings will be designed to 25 of 30 213/470 accommodate odate retail and restaurant dining uses. As concluded in the market analysis, the highest and best use for the vacant project site is the proposed mixed-use development project. The project allows for a broader range of commercial and residential uses for the site, which results in the allowance ofthe site to provide for greater commercial services and housing options to the greater community. Thus, the proposed project complies with the intent of this guideline. J. FINDING: Projects shall follow the overall intent of the architectural design, site planning, and other guidelines and standards identified in Chapter 16.06, Chapter 16.08, Chapter 16.09, Sections 16. 10.040 and 16.10.050, and Chapter 10.34 of this Development Code. While the overall intent of the aforementioned guidelines and standards shall be followed, compliance with any one specific guideline, or every single guideline, is not mandated for Mixed Use Projects. FACT: As indicated above, the proposed mixed use project incorporates architectural styles, elements, and features that are found within the immediate area. Further, the commercial component of the mixed use project will be consistent with the architecture of the abutting Soquel Canyon Crossings shopping center, thereby blending the sites and creating an aesthetically cohesive development. Thus, the project follows the overall intent and guidelines in Chapter 16.00, 16.09, and Sections 16.10.040 and 16.10.050. Further, there is an existing reciprocal parking agreement with the abutting So e! Canyon Crossings shopping center. Further, although the mixed use project does not provide the minimum residential and commercial visitor parking, a shared parking analysis was conducted as allowed by the City's Development Code. The shared parking analysis concluded that the project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the project's commercial component as well as the parking demand of the resident guests. Thus, the project follows the overall intent and guidelines in Chapter 16.34. Lastly, since the project is not a hillside development, Chapter 16.08 is not applicable. K. FINDING: Mixed use projects shall feature 360 degrees of architectural treatment and enhancement; the residential and commercial 26of30 214/470 components shall be architecturally integrated, featuring the same architectural theme, key design features, colors and materials, and other major architectural elements. FACT: Since the mixed use project will be visible from along Soquel Canyon Parkway along the south, the abutting shopping center along the west, trail uses along the north and from within the community to east, the buildings feature 360 degrees of architectural treatments and enhancements. There are no blanks elevations and the walls include varying elevation planes, roof elements and features to enhance the appearance of the buildings from all angles. Further, the proposed mixed use project incorporates architectural styles, elements, and features that are found within the immediate area. Furthermore, the commercial component of the mixed use project will be consistent with the architecture of the abutting Soque! Canyon Crossings shopping center, thereby blending the sites and creating an aesthetically cohesive development. As such, the proposed project complies with the intent of this guideline. L. FINDING: Projects shall incorporate common open space elements providing public gathering spaces featuring amenities such as shade structures, water features, seating areas, enhanced lighting and landscaping, wireless Internet access, and other features that enhance the quality of the open space for public use. These gathering spaces should create dynamic and appealing atmospheres to attract residents from the mixed use development and the community into the open space areas and commercial component of the project. FACT: The common open space elements in the commercial component include outdoor patios, outdoor seating and plaza with water feature to enhance the gathering area. The Section also indicates that the design be compatible with the architectural M. FINDING: Enhanced paving, landscaping, and lighting shall be used to encourage pedestrian circulation throughout the development. Pedestrian pathways and linkages between the commercial and residential components shall be designed and located to facilitate and encourage pedestrian access between the communities. FACT: The proposed mixed use development incorporates a trail system that provides connectivity for residents in the area to 27 of 30 215/470 access the new and existing Soq rel Canyon Crossings) commercial components. Further, it provides for a functional use of an existing SCE easement that would otherwise be left in an unimproved and unmaintained state. The improved trail would also provide pedestrian linkage for the existing residential communities located to the northeast of the project site, which are currently separated by a drainage wash. Although there is a bridge that crosses said wash, there are no improvements to safely direct pedestrians across the bridge to access the project site. Installation of the trail system will provide a valuable linkage between current and future residential uses with the current and future commercial components, thereby facilitating and encouraging pedestrian access between the communities. N. FINPING: Enhanced paving, landscaping, and lighting shall be used Mixed use projects shall demonstrate an increased degree of environmental sensitivity. Projects shall be designed to achieve energy and water efficiency above that required by the Building Code. Energy efficiency techniques may include green building, Leadership in Energy and Environmental Design (LEER) standards, solar energy, or other available energy efficient systems or programs. FACT: The proposed mixed use project demonstrates an increase degree of environmental sensitivity. According to the applicant, not only will the developer build in accordance with the new energy code and LEED standards, the project will include solar ready homes, tankless water heaters, grew ring for Hybrid Plugins and electric vehicles, water efficient landscape, and will utilize underground detention to reduce urban storm water runoff. As such, Staff believes that the proposed project meets the intent of this guideline. SECTION 7. The City Council of the City of Chino Hills does hereby adopt the Mitigated Negative Declaration, the mitigation measures set forth in Section 2.B above, and Mitigation Monitoring Reporting Program under the California Environmental Quality Act. SECTION . The City Council of the City of Chino Hills does hereby approve General Plan Amendment 14GPA02, Tentative Tract Map 19904, Site Plan Review I4S RO4, subject to the Conditions of Approval attached as Exhibit A to this Resolution and incorporated into this Resolution by this reference; except that such adoption and all related findings and actions shall become effective only upon the effective date of Ordinance Number 2016- Adopting Zone Change 14ZCO2 Changing The Zoning Designation Of The 12.1 Acres Of The Project Site From Commercial-General (CG) to 28 of 30 216/470 Mixed-Use (MU) And Adopting Development Agreement A2016- SECTION 10. The City Clerk shall certify as to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 9th day of February, 2016. ART BENNETT, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: -MARK D. HENSLEY, CITY ATTORNEY 29 of30 217/470 CITY of CHINO HILLS .4 Draft Conditions of Approval General Plan Amendment No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 City Chino Hills Site Plan Review No. 14SPRO4 Higgins Ranch Tr mark Mixed-Use Project PLANNING DIVISION ON GOING INFORMATIONAL: 1 A. Tentative Tract Map No. 19904 shall become null and void: (1) Unless map recordation has taken place within thirty-six (36) months after the approval of said Tentative Tract. (2) Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitation established in this section, the Planning Commission may grant an extension of time for a period not to exceed an additional thirty-six (36) months. Applications for such extension of time must set forth in writing the reasons for this extension and shall be filed together with a fee as established by the City Council with the Planning Division thirty (30) calendar days before the expiration of the Map. The applicant will be responsible for initiating any extension request. B. Site Plan Review No. '145 04 shall become null and void: (1) Unless substantial construction has taken place within thirty-six (36) months after approval of said Site Plan Review. (2) Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitation established in this section, the Planning Commission nay grant an extension of time for a period not to exceed an additional thirty-six (36) months. Applications for such extension of time must set forth in writing the reasons for this extension and shalt be filed together with a fee as established by the City Council with the Planning Division thirty (30) calendar days before the expiration of the Map. The applicant will be responsible for initiating any extension request, 2. The applicant and its successors in interest shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and anyagencyor instrumentality thereof, and its elected and appointed officials, y officers, employees, and agents from and against anyand all liabilities, claims, g W February 9, 2016 City of ChinoHills Exhibit "A" 218/470 General Plan Amendment No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. 14SPRO4 Higgins Ranch Trurr ark Mixed-Use Pr ie t Conditions of Approval actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively `Claims") arising out of or in any way relating this project, any discretionary approvals granted by the City related to the development of the project, or the environmental review conducted under California Environmental Quality Act, Public Resources Code Section 21000 et se =, for the project. If the City Attorney is required to enforce any conditions of approval, all costs, including attorney's fees, shall be paid for by the applicant. 3. The applicant shall comply with requirements of all Federal, State, County, and local agencies as are applicable to this project. 4. A Notice of Determination will be filed for this project; the applicant is responsible for paying all filing fees, including any fees required by the California Department of Fish and Wildlife. Within two (2) days of approval by the City Council, the applicant shall submit to the Community Development Department a check or money order in the amount of $2,200.25, payable to the County Clerk of the Board of Supervisors. The Community Development Department shall then file the Notice of Determination. Proof of the fee payment will be required prior to the issuance of gradingor buildingpermits required under Section 711.4 of the Fish q and Game Code. 5. The development of the project shall be in substantial conformance with the project plans (Exhibit " x") and colors and material palette as approved by the City Council on [date to be inserted], with original stamped APPROVED. Modifications to the plans may require subsequent review and approval by the Planning Commission as determined by the Community Development Director. 6. The development of the project shall comply with the Mitigation Monitoring and Reporting Program (MMRP) attached and incorporated by reference as adopted by the City Council on . Prior to any demolition, clearing, grubbing or grading or as otherwise appropriate, the applicant shall demonstrate compliance with all of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program MMR . The applicant is responsible to bear all costs should a consultant be required to manage and implement the MM RP. 7. The applicant shall comply with the conditions in the transmittal from the Chino Valley Fire District Permit#2014-00001047, a copy of which is attached hereto. 8. Noise emanating from the project shall not exceed the noise standards as listed in Chapter 16.48 Performance Standards of the City's Development Code and shall be in compliance with all requirements as stated in the Municipal Code. City of Chino Hills -2 February 9, 2016 Exhibit "A" 219/470 General Plan Amendment No, I4GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 10004 Site Plan Review No. I4SPRO4 Hi ins Ranch Tr mark Mixed-Use Proiect Conditions of Approval 9. Construction hours and operations shall be as follows: A. Construction shall be limited to the hours of 7:00 am. to 7:00 p.m. on Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday, and shalt be prohibited on Sundays and City listed Federal holidays in order to minimize e disr tion to existing residential neighborhoods; B. All construction vehicles or equipment fixed or mobile operated shall be equipped with properly operating and maintained mufflers; C. Stock iliag and/or vehicle staging areas shall be located as far as practical from residential homes; 0. The noisiest operations shall be arranged to occur together in the construction program to avoid continuing periods of greater annoyance. 10. The project site shall be fenced and screened, as required by the City, during construction. Signage a a to report dust shall be posted on site at a location clearly visible to the public from both S eel Canyon Parkway and Butterfield Ranch g Road. 11. All areas within the project site shall be maintained free of trash and debris. 12. Any raffiti shall be removed within twenty-four (24) hours of being reported. Further, the applicant shall apply a coating to all perimeter walls that facilitates the removal of any graffiti. 13. Mandatory solid waste disposal services shall be provided by a City approved waste hauler to all parcels/lots or uses affected by approval of this project. 14. The applicant shall provide receptacles (bins) for the collection of refuse and recyclable materials, as well as a hose bib for washing collection areas. Prior to the issuance of building permits, the applicant shall provide documentation from Republic Services Disposal stating that the number and size of bins provided for the collection of refuse and recyclable materials generated by the project is y adequate. 15. Prior to the issuance of building permits, the applicant shall provide documentation from Republic Services Disposal statingthat the dimensions of p the refuse storage enclosure are of adequate size to accommodate containers consistent with the current methods of collection, are designed with a walk-in access component, and located and designed to facilitate trash truck access and pickup. 16. Refuse binsro sided for the project shall have a non-combustible lattice cover � J and be enclosed by a six foot high masonry wall with decorative caps that match the building architecture. Solid view-obstructing gates fitted with self- City of Chino Hills 3 February 0, 2016 Exhibit "A" 220/470 General Plan Amendment No. I GPAo2 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. I4SP O4 Higgins Ranch Trumark Mixed-Use Project Conditions of Approval closing door devices shall be provided, and be designed with cane bolts in front of the walls to secure the gates when in the open position. The gates should also be equipped with rod locks and corresponding rod holes in both the open and closed gate positions. Bins containing recyclable materials shall be provided with protection for adverse environmental conditions which might render the collection materials unmarketable. 17. All ingress/egress driveways shall illustrate compliance with Section 16.06.080 Clear Corner Areas for Sight Visibility of the City's Development Code. Nothing shall be placed or allowed to grow taller than thirty (30) inches within the clear corner areas in a manner which obstructs visibility or threatens vehicular or pedestrian safety. 18. Pedestrian walkways within the project shall be provided with admixture colored concrete and/or design that enhance and complement the project. 19. Any signs shown on the site and elevation plans are conceptual only. Signs proposed for the project, including monument signs, shall be designed to conform to the sign provisions of the City's Development Code and shall require p separate application and approval bythe Community Development Director or p designee. 20. Drive surface contiguous with planter areas shall have a sic (6) inch high raised concrete curb separation. Curbs adjacent to end parking stalls shall provide a p � step-out area a minimum of twelve (12) inches wide. 21. The project shall comply with the City's Development Code and the California Building Code forarkin0, including disabled-accessible spaces and loading spaces. Parking stalls shall be a minimum of nine (9) feet wide and nineteen (19) feet long. An overhang of two (2) feet is permitted. 22. The project shall comply with the City's Trust Deposit Account Procedures and Agreement. A positive balance shall be maintained in all project Trust Deposit Accounts at all times. If the balance of the Trust Deposit Account(s) associated with the project becomes negative at any time, all work on the project shall be suspended, including the issuance of permits and project inspections, until such time as the sufficient funds are deposited to return the account(s) to a positive balance. An estimatedp ost-entitlement budget will be provided to the applicant by City staff prior to plan review. 23. The applicant will require that all qualifying contractors and subcontractors exercise their option to obtain a Board of Equalization sub-permit for the jobsite and allocate all payments eligible tax to the City of Chino Hills. Prior to City of Chino Hills February 9, 2016 Exhibit "A" 221/470 General Plan Amendment ent No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. 14SPRO4 Higgins Ranch (Trumark) Mixed-Use Proi ct Conditions of Approval commencement ent of any construction activity on-site the developer will require that the contractor or subcontractor provide the City of Chino Hills with either a copy of their BOE account number and sub-permit, or a statement that use tax does not apply to their portion of the project. The internal private streets and the trail improvements in the SCE easement identified herein shall all be constructed and completed to the satisfaction of the Community Development Director, prior to the first certificate of occupancy for the project, TTM or TTM. 17654. 24. Any increase in restaurant uses above 9,000 square feet in the commercial component of the project site shall be subject to the findings of a shared parking analysis and review and approval of the Community Development Director. 25. All residential dwellings shall provide for a 2-car garage. 26. A minimum of 74 on-street parking spaces shall be provided along the private streets. 27. The development shall comply with the latest energy code requirements and LEED standards; and, at a minimum, shall include solar ready homes, tankless water heaters, prewiring for Hybrid Plugins and electric vehicles, and water efficient landscaping. 28. A minimum of 115 arcing spaces shall be provided in the commercial component of the project. 29. All conditions of approval associated with Tentative Tract Map No. 17653 and Tentative Tract Map No. 17654 shall remain in full force and effect. 30. Prior to any grading, construction, improvements or encroachments within District right-of-way, the applicant shall obtain a permit from the San Bernardino County Flood Control District's Permits/Operations Support Division, Permit Section. 31. Prior to approval of the Final Map, the applicant shall submit conceptual landscape plans to the Community Development Director for the property owned by Caltrans that abuts the project site along Soquel Canyon Parkway as illustrated in Exhibit "B" comprised of approximately 15,000 square feet in area. Upon approval of the conceptual plans, the applicant shall submit the required plans along with Right-of-Way ncroachment Permit applications to Caltrans requesting approval for landscape installation and ongoing maintenance. Fuilhermore, prior to the issuance of the 55th Occupancy Permit i.e., building permit final) for the residential component, the applicant shall have installed the City of chino Hills February 9, 2016 Exhibit "A 222/470 General Plan Amendment No. I4GPA02 Zone Change No. 14002 Tentative Tract Map No. 19904 Site Plan Review No. 14S 1 04 l gins Ranch Tr mark Mixed-Use Pr ie t Conditions of Approval landscape in accordance with the approved landscape plan. The applicant and/or Homeowner's Association shall be responsible for maintenance of this area. Thepp liant shall make a good faith effort to obtain Caltrans approval for the improvements. GENERAL INFORMATIONAL 1 ONGOING — RESIDENTIAL: 32. Alltilit equipment,p ment, including air conditioning equipment, at ground level shall be screened (from the parking area, adjacent surface streets, and common walkways) landscaping and/or other screening methods as approved by the Community Development Director. All roof flashing, drainage gutters, down spouts, vents, and other roof protrusions shall be finished and/or painted to match the adjacent materials and/or colors. 33. All utility, mechanical, and electrical equipment, including fire risers, shall be enclosed within the buildings. 34. A minimum of twoara0 e door designs/colors with decorative windows shall be 0 provided for the project. 35. All garages shall be maintained and be usable as parking spaces at all times. 36. The site features and amenities shall be maintained in good condition throughout the life of the project. GENERAL 1 INFORMATIONAL ONGOING ® COMMERCIAL COMPONENT: 37. All roof-mountedp i ment shall be architecturally screened from ground level view (from the parkingarea and surface streets) bythe parapet wall. All adjacent building drainage gutters, down spouts, vents, and other roof protrusions shall be concealed from view within exterior walls. Ladders for roof access shall be mounted on the inside of the buildings. 38. All utility, mechanical, and electrical equipment, including fire risers, shall be enclosed within the buildings. 39. Prior to the submittal of plans for tenant improvements and/or an application for a business license within the commercial component for a prospective tenant, the developer shall submit the name and business description of the potential tenant to the Community Development Director or designee for review and approval. Potential tenants will be reviewed for consistency with Development Code Section 16.13.050.A and Title 16, Appendix A. These sections stipulate that City of Chino Hills February 9, 2016 Exhibit "A" 223/470 General Plan Amendment ent No. 14G A02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. I4SPRO4 Higgins Ranch (Trumark) Mixed-Use Project Conditions of Approval commercial uses within the Mixed Use zoning district shall be distinctive and/or expand the dining, services, shopping, and entertainment opportunities currently available to the community. For purposes of this condition, a proposed tenant may be considered "distinctive" even though a similar use or identical establishment occurs within Chino Hills if the proposed tenant continues to offer distinct wares, services or dining choices. PRIOR TO RECORDATION OF FINAL MAP — RESIDENTIAL: 40. A Homeowners Association shall be formed to ensure maintenance of: A. All open space areas; B. All project related landscape improvements, monuments, irrigation and related equipment, which are to be constructed on any common lots or easements within the project area and/or which are to be constructed within any public right-of-way located within or adjacent to the project area; C. Private streets, which shall be private and shall have private street maintenance, street sweeping and street lights; D. The street light energy costs within the project; E. The p open ace/landscape area and trails within the Edison easement; and, p F. The property owned by Caltrans and abutting the project site along Soquel Canyon Parkway, between the project's entrance and the SR-71 Freeway. The Homeowners Association shall include the 68 very small lot detached single- family residential and the 42 townhomes of Tentative Tract Map No. 19904; the 27-lot single-family residential approved by Tentative Tract Map No. 17653 located along the north of the subject site; the 12-lot single-family residential approved by Tentative Tract Map No. 17654 located northeast of the project site; and the SCE easement, as illustrated in Exhibit "A". 41. Final approval from SCE on the project SCE easement improvement plans must be provided to the satisfaction of the Community Development Director. The SCE easement improvement plans must be in substantial conformance with the approved project plans and shall include: a. A pedestrian trail system for the general public that connects the Pomona- Rincon Road cul-de-sac on the east with the Soquel Canyon Crossings shopping center on the west, as illustrated in Exhibit "A"; b. A trail spur shall connect directly to the existing trail along Los Serranos Country Club Drive to the west, as illustrated in Exhibit "A"; CityFebruary Chino Hills 7 9, 2016 Exhibit "A" 224/470 General Plan Amendment No. I4GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. I4SP1 04 Higgins Ranch Trumark Mixed-Use Prosect Conditions of Approval c. The trails shall be constructed using decomposed granite or other material approved by the Community Development Director, and maintained by the developer and subsequent HOA. d. Unless restrictedY SCE, a minimum of 4 benches shall be provided along the trail. e. Landscaping in accordance with Exhibit "A". f. Fire access roads shall use decorative paving or similar finish. g. Decorative Live bollards shall be used as vehicular barricades within the SCE easement trail. No chain link (or similar material) fencing shall be installed. 42. Prior to issuance ofradiag permits, the applicant shall provide a plan to install and maintain solar lights within the SCE right-of-way adjacent to the planned walkways. The applicant shall demonstrate SCE's approval of the plan. Where SCE refuses top rovide such approval, the applicant shall provide substantial evidence to demonstrate a good faith effort in attempting to obtain SCE approval. Compliance with this condition is subject to Community Development Director approval. 43. Covenants, Conditions and Restriction (CC& Ks) shall be submitted for review andp roval by the Community Development Director and the City Attorney, and shall apply to the 68 very small lot detached single-family residential and the 42 townhomes of Tentative Tract Map No. 19904; the 27-lot single-family residential approved by Tentative Tract Map No. 17653 located along the north of the subject site; the 12-lot single-family residential approved by Tentative Tract Map No. 17654 located northeast of the project site; the SCE easement; and the p reciprocal arkin between the residential and commercial components of the project in accordance with the Traffic Impact Analysis contained in the appendices of the project's mitigated negative declaration. Said CC&Rs shall reflect the appliable conditions of approval contained in this Resolution. All necessarylegalagreements,a reements, including homeowners' association, covenant, dedication of rights,development publiceasements and proposed methods of p maintenance and perpetuation of drainage facilities and any other hydrological improvements shall be submitted for review and approval prior to the approval of the Final Map. PRIOR TO RECORDATION OF FINAL MAP -- COMMERCIAL: 44. A Properly Management and LeasingPlan or equivalent shall be reviewed and p approvedthe CommunityDevelopment Director or designee that shall pp byp demonstrate the maintenance of monument signs, common areas, including p space/landscape ace/landscape areas, lighting, detention basin, etc. City---- of Chino Hills 8 February 9, 2016 Exhibit "A" 225/470 General Plan Amendment No. I4GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. 14SPRO4 lei ins Ranch (Trumark) Mixed-Use Project Conditions of Approval 45. The Property Management and Leasing Plan shall include applicable items specified in these Conditions ofpp roval and the Mitigation Monitoring and Reporting Program. PRIOR TO THE ISSUANCE OF GRADING PERMIT - GENERAL: 46. Prior to the issuance ofradin9permits, a vector survey of the site shall be conducted by the West Valley Mosquito and Vector Control District (at the expense of the applicant). The results of the survey and a vector control plan shall be submitted to the Planning Division for review and approval. The plan shall be implemented in accordance with standards of the West Valley Mosquito and Vector Control District in order to reduce impacts to surrounding residences. 47. Landscapep lans shall be submitted to the Community Development Department for review andp roval prior to the issuance of building permits. The Landscape Plans shall comply with Chapter 16.07 Landscape and Water Conservation Guidelines of the City's Development Code. 48. A registered landscape architect, licensed by the State of California, shall design all landscape architecture documents. 49. All landscape irrigation shall use recycled water. 50. All trees shall be lanted at least fifteen (15) feet from any overhead light standard. PRIOR TO THE ISSUANCE OF BUILDING PERMITS — GENERAL: 51, A wall and fence plan shall be submitted for review and approval by the Planning Division. All walls and fences shall complement the architectural style of the development and be constructed of decorative durable materials such as masonry, masonry combination, stone, brick, wrought iron, or a comparable material. All walls shall have decorative wall caps. The fence and wall plan shall include the following: A. All retaining wall elevations, sections, and layouts B. All fencing elevations, sections, and layouts C. All masonry wall elevations, sections, and layouts D. All specifications and details E. All entry monuments and their signs F. All pilaster elevations, sections, and layouts City of thin February 9, 2016 Hills Exhibit "A" 226/470 General Plan Amendment No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No, 14SPRO4 Biggins Ranch (Trumark) Mixed-Use Project Conditions of Approval 52. The applicant shall submit a photometric lighting plan that illustrates that there is no light spillover beyond the project property line for review and approval by the Community Development Department. Exterior building and parking lot lights shall be provided with decorative lighting fixtures. Exterior lighting for the project shall be designed to be confined to within the project site. Light shields shall be used to block light and reduce spill over light and glare as necessary. Light spill over on the property shall be zero foot-candles at the property line. 53. A comprehensive sign program, including the commercial and residential components, shall be submitted for review and approval by the Community Development Director prior to the issuance of building permits. 54. Contractors and sub-contractors for the developer shall obtain a city business license; show proof of a valid State Contractor's License and a valid Certificate of Worker's Compensation. 55. The development is subject to all applicable fees, charges, deposits for services to be rendered, and securities required pursuant to Resolution No. 93R-37, as amended or superseded prior to final inspection. 56. The development is subject to Chino Hills Municipal Code Chapter 3.40, requiring payment of Development Impact Fees, as amended or superseded prior to issuance of building permit. 57. The Parks and Recreation Facilities Fee shall bepaid to the City prior to the issuance of the firstuildin0 permit, pursuantCity to the development impact fee schedule. 58. TheQuimbyfees shall a to the rior to issuance of the first building paidCity permit, pursuant to the City development impact fee schedule. 59. The developer shall provide certification from the appropriate school district as required by California Government Code Section 53080(b) that any fee, charge, dedication or other form or requirement levied by the governing board of the district pursuant to Government Code Section 53080(a) has been satisfied. 60. All fees (capital connection, inspection, encroachment, meter, deposit, etc.) must be paid. 61. The developer shall pay the City the Development Agreement Fee of Six Hundred Fifty Thousand Dollars $650,000p rior to the City's issuance of a building permit for the fifty-fifth (55th) residential unit to be constructed by City of chino Hills 10 February 9, 2016 Exhibit "A" 227/470 General Plan Amendment No. 14GPA02 Zone Change No. 14, CO2 Tentative Tractap No. 19904 Site Plan Review No. 14SPRO4 Hicnins Ranch Tr mar Mixed-Use Project Conditions ns f Approval Developer, plus an additional $190,000 to compensate the City the difference in property tax from its development as a commercial center to that of a mixed use center. PRIOR TO THE ISSUANCE OF BUILDING PERMITS I` S — RESIDENTIAL: 62. Pursuant to Resolution No. 06R-16, the Affordable Housing 1n-Lieu Fee shall be paid to the City prior to the issuance of building permits. 63. Provide bicycle-parking facilitieser Chapter 16.34, Table 0 -2 Number p of Bicycle Parking Spaces Required of the City's Development Code y p andprovide pedestrian linkages to nearby transit stops. PRIOR TO THE ISSUANCE OF BUILDING PERMITS — COMMERCIAL: 64. Provide bicycle-parking facilities in accordance with Chapter 10.04, Table 65-2 Number of Bicycle Parking Spaces Required of the City's Development Code and Section 5.106 of the California Green Building Code CG C , subject to the review and approval of the Community Development Director or designee. Where a conflict pertaining to bicycle parking amenities exists between the City's Development Code and the California Green Building Code, the more stringent requirement shall be applicable. PRIOR TO OCCUPANCY-r- GENERAL: 65. Exterior lighting for the project shall be designed to be confined to within the project site. Light shields shall be used to block light and reducep ill over light and glare as necessary. Prior to the final inspection and issuance of a certificate of occupancy, the applicant shall schedule an eveninginspection p with the Planning Division to verify compliance with this requirement. p 66. All required improvements shall be installed and deemed complete prior to occupancy. The applicant shall be responsible for coordinating inspections with the Development Services Division (including lighting, landscaping, and overall conformance with the approved entitlement) prior to the final inspection by the Building & Safety Division and the issuance of the certificate of occupancy. Y 67. The commercial shell buildings and site improvements within the commercial component of the project, excepting: final paving sections, landscaping of the City of Chino Hills 11 February 9, 2016 Exhibit "A" 228/470 General Plan Amendment No. I4GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. I4SP O4 Mixed-Use Proie t Conditions of Approval Higgins Ranch (Trumark) parking areas, and other site improvements which may be impacted by ongoing residential construction activities, shall be completed and have received final inspection (final sign offs) prior to the release of occupancy for the residential units. 68. The project shall comply with the City's Trust Deposit Account Procedures and Agreement. A positive balance shalt be maintained in all project Trust Deposit Accounts at all times. If the balance of the Trust Deposit Account(s) associated with the project becomes negative at anytime, all work on the project shall be suspended, including the issuance of permits and project inspections, until such time as the sufficient funds are deposited to return the account(s) to a positive balance. An estimated post-entitlement budget will be provided the applicant by Cit y staff prior to plan review. 69. In accordance ance with the Traffic Impact Analysis for the project, the developer shall prepare and submit a Parking Management Plan (PMP) that outlines the allocation of parking supply on site and key parking management strategies to the availabilityof parkingfor customers and employees of the retail maximize center component of the Project as well as the resident guests of the residential component of the Project. a. The PMP shall identify between 15 to 20 spaces for where employees can park within the site. Further, the PMP shall identify the location of short-term parking spaces for service retail uses and/or"take-out, food uses. b. The retail center management company/ownership shall work with tenants of the retail center to implement an employee parking program, with the goal of providing convenient and accessible shopping experience for the customers of the retail center and to leave the most desirable parking spaces near each for use customers. The location of designated storefront employee parking spaces will be developed in collaboration between ownership and the ttenants. The emto ee parkingspaces will be identified with a white or t yellow circle. It is noted that these spaces will be open for customer use. c. The retail center management company/ownership shall work with tenants of the retail center to identify the need for "short term/time restricted spaces" on an as need basis, dependent on the needs of the proposed retail and/or food use. The short-term spaces may be used for "curbside/take out" and/or for service retail-type users (i.e. dr cleaners/laundry, etc.). The number and � location of spaces will be determined by ownership and the potential tenants. include The retail center component of the Project shall a provision for reciprocal access andar in with the residential component for the 35 "head p 9 in" p aces located along "B Street". The retail center management City of Chino Hills 12 February 9, 2016 Exhibit "A" 229/470 ' General Plan Amendment No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. 14SP O4 Higgins Ranch (Trumark) Mixed-Use Project Conditions of Approval y company/ownership and the HOA will coordinate on the use of these spaces andp rovide signage to indicate that the 35 "head-in" spaces on "B Street" are for the use of patrons of the retail center and resident guests. No overnight parking shall be allowed on these spaces and parking shall be limited to no more than 1-hour during the period of 8:00 AM to 7:00 PM, daily; the PMP may consider limiting resident parking to after 5:00 PM, daily. A covenant, approved as to form by the City Attorney, shall be recorded on the property describingthe combinedparkingarrangement and granting access rights to the residential properties to use the 35 "head-in" commercial property parking spaces on "B Street" prior to recordation. e. Provide signage that the surface parking lot internal to be retail center is for "Retail Customers/Employees" only, BUILDING AND SAFETY r .""' GENERAL: TO THE SUBMITTAL OF PRECISE GRADE /BUILDING PLANS GENERAL: 70. Precise Grading Plans shall comply with and incorporate all items of the approved Site Plan. Preciseplans shall incorporate all site development review, including access compliance, p rivate storm drain, private sewer and private water, all easements, fire service line, site electrical, parking, trash enclosures, p � landscape areas, utility vaults, light standards, buildings, etc. 71. Plans shall incorporate all the requirements of the currently adopted State of Californiauilding, Plumbing,, Mechanical, Electrical, Energy and Green Building Codes. 72. All walls and retainingstructures necessaryto complete the grading shall be submitted to theuildin0 & Safety Division for review and approval prior to issuance of a precise grading permit. 73. The entire site shall be fenced off with temporary chain link fencing with a green fabric backing. fencing The shall remain in place and shall be maintained in cod earan a until the project has been completed, or until such time as pp determined by theuilding Official. Another color of fabric may be utilized with prior approval from the Community Development Department. 74. Two approved signed and wet stamped soils reports shall be submitted at the p g time of precisegrade plan check submittal, No grading plans will be accepted for review without a City approved soils report. City of Chino Hills 13 February 9, 2016 Exhibit "A" 230/470 General Plan Amendment No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No, I4SP O4 jliggins Ranch (Trumark) Mixed-Use Proie f Conditions of Approval 75. All drainage shall be collectedy on-site storm drains. No drainage shall enter the street. PRIOR TO THE ISSUANCE BUILDING PERMITS — RESIDENTIAL: 76. Certification of precise grade and compaction shall be submitted on approved City form. 77. All roof drainage shall be collected and conducted either into an underground onsite storm drain system or into landscaped areas in accordance with the approved (final) Water Quality Management Plan. No roof drainage shall flow over sidewalks, parking areas, or drive aisles. 78. Plans shall incorporate any and all water conservation requirements contained within the City's Development Code and the California Plumbing Code. 79. A building hasin plan shall be submitted for review and approval prior to issuance of the first building permit. PRIOR TO THE ISSUANCE OF BUILDING PERMITS — COMMERCIAL: 80. Certification of precise grade and compaction shall be submitted on approved City form. 81. Two approved, signed and wet stamped as graded soils reports shall be submitted at the time of building permit plan check submittal, No building plans will be accepted for structural/architectural plan review without an approved as gradedreport. as graded soils If rad ed soils report is older than one-year, an update letter must be provided. 82. All roof drainage (except overflow) shall be collected by concealed roof drains and conducted either into an underground onsite storm drain system or into landscaped areas in accordance with the approved (final) Water Quality Management Plan. No roof drainage a shall flow over sidewalks, parking areas, or 0 0 drive aisles. 83. Plans shall incorporate all the requirements of the currently adopted State of California Building, Plumbing, Mechanical, Electrical, Energy and Green Building Codes. ------- City of Chino Hills 14 February 0, 2016 Exhibit "A" 231/470 General Plan Amendment No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. 14SP1 04 Higgins Ranch (Trumark) Mixed-Use Protect Conditions of Approval PRIOR TO NI ATION INSPECTION — GENERAL: 84. Certification of building location and finish floor elevation, wet stamped and signed by the Civil Engineer or record shall be provided prior to foundation inspection. PRIOR TO THE ISSUANCE C OF BUILDING PERMIT FOR THE COMMERCIAL PORTION: 85. The entire site shall be fenced off with a temporary chain link fencing with a green fabric backing. The fencing shall remain in place and shall be maintained in good appearance until the project has been completed, or until such time as determined by the Building Official. PRIOR TO FOUNDATION INSPECTION - GENERAL: 86. Certification of building location and elevation, wet stamped and signed by the Civil Engineer of record shall be provided prior to foundation inspection. PRIOR TO OCCUPANCY - COMMERCIAL: 87. All utilities and circulation elements necessary to serve the building shall be installed, and accepted prior to final inspection. 88. Sign offs from all applicable City Divisions/Departments and outside agencies shall be obtained prior to any final inspection or utility releases. 89. All structures and on site improvements including but not limited to parking areas and walkways shall comply with all the requirements of the State of California 2013 Building, Plumbing,, Mechanical, Electrical, Energy and Green Building Codes. 90. No occupancy of anybusiness shall be permitted until such time as the p Certificate of Occupancy is issued for the subject use. This includes but is not limited to stocking, on site hiring of employees and/or employee training. 91. No public/employee access to the building will be allowed until the building has received a final inspection and occupancy approval. City f Chino Hills 15 February 9, 2016 Exhibit "A" 232/470 General Plan Amendment No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract leap No. 19904 Site Plan Review No. 14SPRO4 Hi ins Ranch (Trumark) Mixed-Use Project Conditions pf Approval 92. All applicable planting, irrigation, walls, and improvements required prior to pp p commencement of operation shall be installed. PRIOR TO FOUNDATION INSPECTION OF THE RESIDENTIAL PORTION: 93. Certification of building location and elevation, wet stamped and signed by the Civil Engineer of record shall be provided prior to foundation inspection. PRIOR TO OCCUPANCY OF THE RESIDENTIAL PORTION: 94. All utilities and circulation elements necessary to serve the building(s) shall be installed, and accepted prior to final inspection. No construction traffic will be permitted on drive aisles that serve occupied units. All occupied units shall be served by two (2) points of vehicular exit to a public street at all times. One of those points of exit may be located on a drive aisle designated to be used only in the event of an emergency for the occupants. The drive aisles necessary to reach the two (2) required points of exit shall be free and clear of any construction material and/or construction activity. No resident or guest shall be required or permitted top ass through any portion of the project that is under construction, excluding the emergency access referenced in the preceding. 95. Allccup ie 1 units shall have the required number of guest parking spaces available for use at the time of occupancy. Guest parking spaces shall only be used for the parking of vehicles belonging to individuals visiting occupants of the residential dwelling units. Any other use is not permitted. 96. Sign offs from all applicable City Divisions/Departments and outside agencies shall be obtained prior to any final inspection or utility releases. 97. Alla livableplanting, irrigation, walls, and improvements required prior to pp � x p commencement of operation shall be installed. ENGINEERING DEPARTMENT GENERAL ONGOING Grading City of rhino bills 16 February 0, 2016 Exhibit "A" 233/470 General Plan Amendment No. I4GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. 14SPRO4 Higgins Ranch (Trumark) Mixed-Use Proiect Conditions of Approval 98. Any grading within the road right-of-way prior to the signing of the improvement plans shall be accomplished under the direction of a Soils Testing Engineer. Compaction tests of embankment construction, trench backfill, and all subgrades shall be performed at no cost to City of Chino Hills and a written report shall be submitted to the Engineering Division, prior to any placement of base material and/or paving. 99. Grading of the subject property shall be in accordance with California Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved conceptual grading plan. 100. Erosion control devices shall be installed at all perimeter openings and slopes. No sediment shall leave the job site. All newly graded surfaces not immediately involved in construction shall have some method of erosion protection, i.e., mulching, fiber fabric, planting, or tackifier, 101 Water spraying or other approved methods shall be used during grading operations to control fugitive dust. Recycled water shall be used for grading operations whenever available. Dedications 102. A Final Map is required for the proposed division and shall be recorded with the County Recorder pursuant to the provisions of the Subdivision Map Act. This map must be prepared by a licensed land surveyor or a registered civil engineer. The Final Map shall be prepared in accordance with the City of Chino Hills "Final Map Standards for Subdivisions, Parcel Map and Tract Map", latest edition. This includes submittal of digitized CAD file of final map prior to map recordation. Street 103. All improvements within public right-of-way r private right-of-way shall be built to p City Standards and in accordance with the current edition "Standard Specification for Public Works Construction" and the City of Chino Hills Development Code. All improvements shall be bonded in accordance with "Subdivision Map Act" prior to recordation of Final Map if the improvements are not finished prior to the recordation of the final map. All improvements shall bond for 100% of approved cost estimate to construct improvements vements and in accordance with the "Subdivision Agreement and Improvement Securities Policy" adopted by the City of Chino Hills unless constructed and approved prior to recordation of Final Map. Prior to Bond Release and/or Bond Reduction of the improvements and prior to acceptance of the improvements by the City, "As-Builts" for the improvements shall be City of Chino Hills 17 February 9, 2016 Exhibit "A" 234/470 General Plan Amendment No. I4G A02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. I SPRO4 Higgins Ranch Tru mark Mixed-Use Project Conditions of Approval submitted and approved by the City Engineer. 104. The Developer shall be responsible for the installation of all equipment necessary to convert the existing three way traffic signal at Soquel Canyon Parkway and Pomona Rincon Road to a four way traffic signal. The fourth leg of the traffic signal must be operational prior to any occupancy of any commercial and/or residential unit. 105. The Developer is required to modify the existing raised center median on northbound Soquel Canyon Parkway to provide a dedicated left turn pocket with a stacking length of 150-feet as well as any traffic signal modification needed to facilitate ap rote ted left turn movement. All improvement plans shall be prepared a registered Civil Engineer and be in conformance with the City of Chino Hills by � 0 Standards. The left turn pocket and signal modification shall be operational prior to the occupancy of any commercial and/or residential unit. 106. Prior to any work being performed in public right-of-way, inspection fees shall be paid and an encroachment permit issued by the Engineering Department in addition to any other permits required. 107. Developer shall provide for installation of low intensity, energy efficient street lights, per City of Chino Hills standards regarding light pole spacing and location. A separate street plan light which schematicallyshows the proposed locations of � all street lights shall be submitted for review and approval by the City. All streetlights along the private streets shall be maintained by the HOA. 108. Apermit shall be obtained from Caltrans for any work within the following right-of- way: ight- f--way: Highway Traffic 109. The applicant shall pay the fair share required by the City of Chino to the City of Chino for improvements identified as mitigation measures at the intersection Central Avenue I El Prado in the City of Chino. 110. The applicant shall construct the necessary improvements on the northbound approach on Soquel Canyon Parkway/Central Avenue to provide a second left- turn lane, andodify the existing traffic signal and existing striping accordingly and install all necessary roadwork, striping, pavement markings and signs per the City of Chino Hills Standard Design Guidelines. The project shall construct these improvements prior to occupancy, or, if the improvements are installed by another developer prior to occupancy of the Project, then the applicant shall pay p City of Chino Hills 18 February 9, 2016 Exhibit "A" 235/470 General Plan Amendment No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. 14SPRO4 Higgins Ranch Trumarl Mixed-Lisp Proiect Conditions of Approval fair share fees as determined by the City Engineer to the developer that constructs these improvements. Installation or fee payment shall occur prior to occupancy. Drainage 111. A final drainage study shall be submitted and approved by the City Engineer prior to the approval of the precise grade plan. 112. Any existing city drainage facilities that require relocation due to the construction of this project should be reviewed and approved by the City Engineer. The alignment ofsuch relocations shall be reviewed and approved prior to final g any design. 113. Any post-development storm flows to be discharged into adjacent properties or into any city or county maintained storm drain system shall not exceed 100% of the unbulked undeveloped flows based on a 10-year storm. 114. Storm drainY stems shall be designed to convey 100-year storm flows off the project site in a manner approved by the City Engineer. 115. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. Sewer - Domestic Water - Recycled Water 116. All public water meters shall be located within the public right-of way unless otherwise approved by the City. Public easements shall be required for any meter installed outside of public right--of-way. Recorded documents must be submitted to the City prior to occupancy release. 117. All fire hydrants shall be installed per City standards with location and fire flow requirements as determined by the Chino Valley Independent Fire District. 118. All landscaping shall be irrigated with recycled water. 119. An application for recycled water service shall be submitted to the City for approval process with regulatory agencies. 120. Recycled water service shall have a separate meter from all other water systems. PRIOR TO ISSUANCE OF GRADING PERMIT (Engineering Department) City--- of Chino Hills 19 February 9, 2016 Exhibit "A" 236/470 General Plan Amendment ent Na. I4GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. 14SPRO4 Hi ins Ranch (Trumark) Mixed-Use Project Conditions of Approval 121. A9 radin lar with existing topography shown at one-foot contour intervals shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the Engineering Division. Plan shall comply with the provisions of Appendix Chapter 33 UBC and Chino Hills Development Code and shall delineate the alignment and grade of the proposed roads designed to City Standards. 122. Developer shall submit a Final Water Quality Management Plan for review and approval by the City Engineer. WAP shall be prepared in accordance with the guidelines established by the California Storm grater Quality Association (CASQA). 123. Developer shall provide a copy of the Notice of Intent NOl and the Storm Water Pollution Prevention Plan (SWPPP) filed with the State of California for the subject project prior to the issuance of any grading permit. PRIOR TO RECORDATION OF FINAL MAP 124. A Monumentation cash deposit is required prior to recordation of the final map. The City Engineer will determine this deposit. The refundable deposit is to guarantee the installation of centerline ties and to ensure payment to the surveyor of record. 125. Traffic Fair Share costs will be determined by the City's Traffic Engineer or a City approved traffic impact fee applicable to the proposed improvements shall be paid prior to occupancy of any commercial and/or residential unit. 126. All improvements is shall bond for 100% of approved cost estimate to construct improvements and in accordance with the "Subdivision Agreement and Improvement Securities Policy" adopted by the City of Chino Hills unless p constructed and approved prior to recordation of Final Map. 127. If the required public improvements are completed prior to recordation of the final map, a one year warranty bond shall be posted in the amount of 25% of the approved engineer's cost estimate for all improvements. vements. 128. Prior to Bond Release and/or Bond Reduction of the improvements and prior to acceptance of the improvements by the City, "As-Builts" for the improvements shall be submitted and approved by the City Engineer. PRIOR TO OCCUPANCY City of Chino Hills 20 February 9, 2016 Exhibit "A" 237/470 General Plan Amendment No. 14GPA02 Zone Change No. 14ZCO2 Tentative Tract Map No. 19904 Site Plan Review No. 14SPRO4 , lig ins Ranch (Trumark) Mixed-Use Pr ie t Conditions of Apr earl 129. The Developer shall provide a video camera report of all sewer and storm drain mainline facilities prior to final acceptance by the City. Video report shall not be completed until all air and hydrostatic testing has been completed. 130. Prior to Bond Release and/or Bond Reduction of the improvements and prior to acceptance of the improvements ver ents by the City, the developer shall provide for City approval "Record Drawing" for all improvements. 131. De el er shall provide certifications for all public and private backflow devices installed as part of the development. PUBLIC WORKS DEPARTMENT ONGOING —GENERAL: 132. Only potable water shall be used within the pool and community garden areas. 133. Drip irrigation shall be used throughout the landscape. 134. All water (domestic and fire), sewer, and storm drain infrastructure maintenance from the connection point to the City infrastructure into the project shall be the responsibility of the property management. 1 35. A blow off or hydrant shall be provided at the end of all dead end water mains. 136. The developer is responsible for ensuring roper drainage of the catch basin located on the southeast corner of Butterfield Ranch Road and Soquel Canyon Parkway. END OF SEQUENTIAL CONDITIONS Project Manager: Eduardo S honb rn City of Chino Hills 21 February 9, 2016 Exhibit " " 238/470 cD2 o 7r ID N COCL Lam... . o • IS... ":,'i--•,•ty:,.F..#tirw;:�g'j' fp•r'i.... :.::,F.! c.�w f•/4340•4'.'"W'''''''' E 10# b° • �.. `-^'� .. . 14iR a'..'.T .'.-�.'....st....\ ,1. ,, ...11, k ,-"....... ......... rtec • .r...' '..:.1 * �. J •••:....:..:' . { 4-111 :"" r a '`f : '.x' ., 4 :7" ^r„ - r`{ ..:,"4 0 .F.,}?[ Il R • 74'I}•• . . •• .... .r�r -9,..,-....-F:, � � • �t" c-, .i [,,,..:,....,,i•: ...„. ••• • 4,),::•,•• { _ dt t'DX'4ltKt e}- a cr !P. C �� , r� 1h•:� '_�! :...n.1 1iffiraJa1 i,:irii,.....i ,ro� •;� •R� ,t ... • #.iilli ..,t»,.. „sti.,..� . 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CU Z E 2 — W11 �• .rte RC CL CO rio CUs ._ CIO r ' J } CI= 0 i ORDINANCE NO. 2016- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA ADOPTING ZONE CHANGE 14ZCO2 CHANGING THE ZONING DESIGNATION OF THE 12.1-ACRE HIGGINS RANCH lCH (TRUMARK) MIXED-USE PROJECT FROM GENERAL COMMERCIAL CC TO MIXED-USE (MU), AND APPROVING A DEVELOPMENT AG EEMENT. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: A. The Applicant, Trumark Homes, LLC, requested approval of General Plan Amendment No. 14OPA02, Zone Change No. 14ZCO2, Tentative Tract Map Development N , 19904, Site Plan Review 1 . I4SPRO4, and a Agreementpr `ect" to construct a commercial and residential horizontal mixed-use development project consisting of two multi-tenant retail/commercialuildin0 s with a combined ined floor area of approximately 18,000 square feet, 68 very small lot single-family detached residential units, and 42 residential attached townhome units on a 12.1-acre vacant site located adjacent to the existing Soquel Canyon Crossings shopping center, on the north side of Soquel Canyon Parkway between Los Serranos Country Club Drive and the SR-71 Freeway, and is commonly known as Assessor's Parcel Numbers (APN) -30, -31, and - 41 "Site" and Development Agreement A2016- for the development of the mixed use project. The Applicant, Trumark Homes, LLC, owns the Site. B. The PlanningCommission of the Cityof Chino Hills commenced enced a duly noticed public hearing on the project on November 17, 2015, continued the public hearing to December 1, 2015, and continued the public hearing to December 15, 2015, and continued the public hearing to January 19, 2016, and at the conclusion of the hearing adopted a Resolution recommending ndin0 that the City Council approve Zone Change 14ZCO2, Development Agreement A2016- and other related actions. C. On February 9, 2016, the City Council commenced a duly noticed public hearing on the project. Following the public hearing on February 9, 2016, the City of Chino Hills adopted an Initial Study/Mitigated Negative Declaration for General Plan Amendment No. I4OPA02, Zone Change No. 14ZCO2, Tentative Tract Map No. 19904, Site Plan Review of 240/470 No. 14SPRO4, and Development Agreement, Mitigation Measures and Mitigation Monitoring prtin Program,gram, for the subject project in accordance with the State of California Environmental Quality Act, California Public Resources Code Sections 21000, et seq., ("C") and the CEQA Guidelines and introduced Zone Change 14ZCO2 and Development Agreement A2016- by Ordinance No. 2016- (the "Enabling Ordinance"). SECTION 2. With regard to the approval of Zone Change 14ZCO2, based upon oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the City Council and on its behalf, the City Council does further find, pursuant to Section 16.62.040 of the Development Code and Government Code Section 65853, as follows: A. FINDING: That the proposed zone change is consistent with the goals, policies and objectives of the General Plan; FACT: The proposed zone change is consistent with the following goals, policies, and objectives of the General Plan: • Land Use Goal -.2: Balance residential with commercial, business, and public land uses; • Policy j:.0-2.5: Promote land use patterns that support a regional jobs/housing balance; • Action LU-2.5.1: Achieve a balance of commercial uses that provides for the retail, business, professional, and other service needs of City residents, and that will attract customers from the surrounding region; • Policy LU-5.1: Promote infill, mixed use, and higher density development. • Action LU-5.1. : Identify sites suitable for mixed use development within anexistingurban service area and p establish appropriate site-specific standards to accommodate the mixed uses. • Action LU-5,1 t4: Plan for high density residential and mixed use development near commercial areas, major roadways, and transit facilities. • Housing Goal _1: Provide a range of housing types while maintaining the City's overall low density character. • Policy H-1:1: Provide a variety of residential opportunities in the City, including large a lot estates, low density single-family homes, medium density townhomes,es, and high density condominiums and apartments. • Action H-1.1.1: Continue to review the City Land Use Plan and available vacant and underutilized sites to identify appropriate sites for housing at varying densities. 2 of 241/470 • Action H- .1.3: Encourage multifamily projects of high quality design. • olic H- .4: Provide for new housing sites to satisfy requirements of state housing law and consistent with Measure U. • Goal H-5:: Promote and encourage housing opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition or family size. • Economic Development r ent Goal ED-1: Promote a diversified economic base. • Policy ED-1.I.: Promote commercial service uses targeted to serve Chino Hills' residents and shoppers from other areas. • Action ED-1.1.2: Encourage uses near the SR-71 `reewa and major commercial arterials that have a positive net fiscal benefit to the City. B. FINDING.: That the proposed zone change will not adversely affect surrounding properties; a FACT: The proposed Zone Change for the 12.1-acre area from Commercial to Mixed-Use will not adversely affect surrounding properties as the subject site abuts a commercial development t i.e. the Soquel Canyon Crossings shopping center) to the t y g immediate west, and there are also single-family residences to the north of the subject site, including a previously approved single-family residential tract that will be constructed concurrently with the mixed-use project. The associated development includes two new commercial buildings that are compatible with the adjacent Soquel Canyon Crossings shopping center and will create a more cohesive appearance. Further, the associated development includes residential townhouse and very small lot single-family residential. Thus, the Mixed-Use land use will provide a transitional zoning and development between the existing commercial uses and the single-family residential uses to the north. Therefore, the changes to the land use policy mapfrom Commercial to Mixed- Use are compatible and consistent with the surrounding properties. SECTION 3. With regard to the request for approval of Development ent Agreement A2016- , based upon oral and written testimony and other evidence received at various public hearingsidentified above with regard to the project, and upon studies, g reports and investigations made by the City Council and on its behalf, as well as the benefits to the City identified in and provided for in the Development Agreement, the City Council does further find, pursuant to Government Code Section 65865 et seq., as 3 of 242/470 follows: A. FINDING: A Development opment Agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan: FACT: The project included a General Plan amendment which was previously and thoroughly reviewed through the MND and planning process, and was found by the City Council at their February 9, 2016 meeting to be consistent with the goals, polices and objectives of the General Plan. The proposed Development Agreement is consistent with the General Plan as it would balance residential with commercial, business, and public land uses, and promotes infill, mixed use, and higher density Development The evelopr ent Agreement is further consistent with the goals, policies, and objectives of the General Plan by providing a variety of residential opportunities in the City, including large lot estates, low density single-family homes, medium density townhomes, and high density condominiums and apartments, and providing a range of housing types while maintaining the City's overall low density character. The Development Agreement will further the comprehensive planning objectives contained within the General Plan, and will result in public benefits, including: fulfilling long-term economic and social goals for City and the community; increasing the supply of housing within the City; providing fiscal benefits to City's general fund in terms of increased property tax revenues; providing construction employment ent within City; and providing a Development ent Agreement Fee totaling Eight hundred forty thousand Dollars ($040,000) to be utilized by the City for whatever public purpose it deems appropriate. B. FINDING: A Development Agreement that includes a subdivision, as defined in Section 66473.7, shall not be approved unless the agreementprovides that anytentative map prepared for the 0 subdivision will comply with the provisions of Section 66473.7: FACT: The proposed project included Tentative Tract Map 10004, but the tentative Tract map did not include 500 or more residential dwelling units and does not account for a ten percent or more increase in the number of public water system service connections, therefore the project complies with all of the standards of Government Code Section 66473.7. 4of6 243/470 SECTION 3. The City Council of the City of Chino Hills does hereby adopt Zone Change 14ZCO2 changing the Zoning Map i nation of the 12.1-acre Higgins Ranch (Trumark) Mixed-Use project Site from Commercial General (CG) to Mixed Use (MU) and does hereby rove Development reement A2016- , attached to and incorporated into this Ordinance as Exhibit "A", based on the findings included within this ordinance. SECTION 4. The City Clerk shall certify as to the adoption of this ordinance. PASSED, APPROVED, AND ADOPTED this day of , 2010 ART BENNETT, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 5 of 244/470 { RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CHINO HILLS 14000 City Center Drive Chino Hills, California 91709 DEVELOPMENT AGRE M NT NO. BY AND BETWEEN THE CITY OF CHINO HILLS, AND T —HW SOQ E , LLC THIS AGREEMENT SHALL E RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE 65868.5 DEVELOPMENT AGREEMENT NO. This Development Agreement("Agreement") is made and entered into by and between the CITY OF CHINO HILLS, a municipal e oration, organized and existing under the general laws f the State of California (referred to hereinafter as "City"), and TH -HW SOQUEL, LLC, a California limited liability company(referred to hereinafter as "Developer"), as of this day of 2016. City and evelo er are referred to hereinafter individually as "Party"" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties and incorporated herein by this reference: 1.1 Pursuant to Government Code Section 65864 et seq., City is authorized to enter into a binding contractual agreement with any eson having a legal or equitable interest in real property for the development of such property. 1.2 Developer holds an equitable interest to certain property located in the City of Chino Hills, County of San Bernardino, State of California, legally described on Exhibit A. (the "Property"), and possesses all necessary authority to execute and enter into this Agreement as equitable owner of the Property. time of enteringinto this Agreement, Developer is the fee title owner of the 1.3A.tt e Property. 1.4 Developer has submitted to City an application to develop up to 110 residential t d dwelling units on the Property(the "Project"), as shown on the site plan attached hereto as Exhibit (the "Project Site Plan"). 1.5 On 2016,the City Council of the City(the "City Council") i adopted a Mitigated Negative Declaration for Environmental Assessment("MND") and the Mitigation Monitoring MND;for the I ; and approved Amendment Plan endme t 140 02, Zone Change 14ZCO2 Tentative Tract Map No. 19904; Site Plan Review1 I4S 04; Design } Review No. 406 (The adoptions and approvals set forth in this paragraph are collectively referred to as the "Project Approvals"). 1.6 By thisg reement City desires to obtain the binding agreement of Developer to develop the Project in accordance with the Project r ovals and Applicable Rules (defined below). In consideration thereof, City agrees to limit the ftiture exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.7 By thisg reement,Developer desires to obtain the binding agreement of City to permit the development of the Project in accordance with the Project Approvals and the Applicable Rules. In consideration thereof, City agrees to limit the future exercise ofcertain of its governmental and proprietary powers to the extent specified in this Agreement and Developer agrees to waive its rights, if any, to challenge legally the limitations on density and use imposed 246/470 upon development of the Property and other restrictions and obligations, as set forth in this Agreement. 1.8 this Agreement, City further desires to obtain the binding agreement of Developer as follows: To pay the City a Development Agreement Fee 1' AFee") totaling Eight hundred forty thousand Dollars ($840,000.00) to be utilized by the City for whatever public purpose it deems appropriate. 1.9 City and Developer have acknowledged and agreed that the consideration that is to be exchanged pursuant to this Agreement is fair,just and •e s n ble a d that this . reeme t is gg consistent with the General Plan of the City. 1.10 This Agreement and the proposed Project's uses are (i) consistent with the General Plan, as amended, and all applicable adopted plans, codes, ordinances and policies of the City, (ii) consistent with all other ordinances,resolutions, rules,regulations, laws,plans and policies applicable t the Project, (iii) in the best interest of the health, safety and general welfare of the City, its residents, and theg eneral public, and (iv) in compliance with the terms, conditions, requirements, restrictions, and terms of and Goverment Code Section 65865.2. 1.11 The Tentative Tract Map No. 19904 will comply with the provisions of Section 66473.7, if applicable. 1.12 Development of the Property will further the comprehensive planning objectives contained within the General Plan, and will result in public benefits, including, among others: 1.12.1 Fulfilling long-term economic and social goals for City and the community; 1.12.2 Increasing the supply of housing within the City; 1.12.3 Providing fiscal benefits to City's general fund in terms of increased property tax revenues; 1.12.4 Providing construction employment within City; and 1.12.5 Providing business park employment with the City. 1.13 On , 2015, the Planning Commission of the City commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing adopted a Resolution recommending that the City Council approve this Agreement. 1.14 On , 2015, the City Council commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing adopted the Project Approvals introduced this Agreement by Ordinance No. (the "Enabling Ordinance"), which was subsequently adopted on , 2016. 247/470 2. Property Subiectto this Agreement, The Property, as described in Exhibit A, shall be subject to this Agreement and shall benefit from this Agreement. 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to the City and the Developer and each successor in interest thereto and constitute covenants that run with the Property. Any and all rights and obligations that are attributed to the Developer under this Agreement shall run with the land. 3.1 Constructive Notice and Acceptance. Every person who has or acquires any right, title or interest in or to any portion of the Property er ty shall be conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to this Agreement is contained in the instrument by which such person acquired such right, title or interest. 3.2 Rights to Assign. Developer may Transfer its rights and obligations under this Agreement with respect to the Property, or any portion thereof,to any person conditioned upon Developer giving City a written notice of its intention to do so no less than thirty (30) calendar days prior to the close of escrow for the Transfer, "Transfer" means any actual or attempted,total or partial, assignment, sale, transfer, ground lease, ground leaseback, conveyance, or any other transaction that has the materially identi i • transferee shall be entitled to the benefits of this Agreement as "Developer" hereunder and shall be subject to the obligations of this Agreement applicable to the parcel(s) transferred. A default by Developer er or•any transferee shall only affect that portion of the Property owned by such defaulting party and shall not cancel, diminish, or in any w .y negatively affect the rights hereunder with respect to any onion of the Property not owned by such defaulting party. The transferee shall be responsible for satisfying the good faith compliance requirements set forth in Section 9 below relating to the portion of the Property owned by such transferee, and any amendment to this Agreement between the City and a transferee shall only affect the portion of the Property owned by such transferee to the extent permitted by law and/or such is consistent with the Project Approvals, including but not limited to CEQA mitigation measures and conditions of approval for the Project. 4. Development o the Proverb:. The following provisions shall govern the subdivision, Development(defined below) and use of the Property. 4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property are those set forth in the Applicable Rules (defined below). 4.2 Development Standards. All design and development standards that shall be applicable to the Project ("Development Standards") are set forth in this Agreement, the Chino Hills General Plan, the Chino Hills Municipal Code, the Applicable Rules (defined below), and the Project Approvals. This Agreement shall govern to the extent it conflicts with the Applicable Rules. In addition, the Parties agree to the following: 4.3 uildin Standards. All construction on the Property shall adhere to the California Building Code,the California Electrical Code, the California Mechanical Code,the Uniform Sign Code,the Uniform Code for Abatement of Dangerous Buildings, and Uniform Administrative Code as incorporated into and amended (currently) Title 15 of the CHMC, and in effect at the time the plan check(s) or permit(s) approved and to any federal or state building requirements eats that are then in effect(collectively the "wilding Codes"). 4.4 Fees, Exactions. Mitigation Measures, Conditions., Reservations and Dedications. All exactions, mitigation measures, conditions,reservations and dedications of land and/or Public Improvements for public purposes that are applicable to the Project or the Property are set forth in the Applicable Rules, the Project Approvals and this Agreement. Developer shall pay all applicable Development Impact Fees, as specified in Chapter 3.40 of the Chino Hills Municipal Code, which as of the Effective Date are as set forth in Exhibit D. All Development Impact Fees shall be paid at the fee rate in effect on the Effective Date for five years following the Effective Date ("Development Impact Fee Fixed Period"). At the conclusion of the Development Impact Fee t Fixed Period, only those Development Impact Fees in effect on the Effective Date shall be paid at the fee rate when payment for such fees is due and payable. This Section shall not be construed to limit the authority of City charge normal and customary ari application, processing, and permit fees for land use approvals, building emits and other similarp ermits, which fees are designed to reimburse City's actual expenses attributable to such application,processing and permitting and are in force and effect on a City-wide basis at such time as said approvals and permits are granted by City. Additionally, Developer er shall be required to pay all fees imposed by other governmental agencies with respect to the development of the Property. 249/470 5. Armlicablc.Rples and Entitlement to Develop. The term "Applicable Rules" shall mean the following: • 5.1.1. The General Plan, as it exists on the Effective Date; 5.1.2 The City's Municipal cipal Code, including the Zoning Code and the Development Code, as they exist on the Effective Date; 5.1.3 Those other laws, ordinances, rules, regulations, and standards, official policies governing ermitted uses of the Property, density, design, improvement, occupancy and construction standards and specifications applicable to the development of the Property in force at the time of the Effective Date, which are not in conflict with this Agreement. 5.2 Entitlement to Develop. The Developer is hereby granted the vested right to develop the Propefty Propertysubject to this Agreement, the Applicable Rules,the Project Approvals and any future approvals applied for the Developer and grantedthe City for the Project or the Property the pp pby "Future Approvals"). For purposes of this Agreement,the terms "Develop", "Developing" and "Development" mean the improvement of the Property for the purposes of completing the structures, improvements and facilities in accord with the Project Approvals, including,but not limited to: grading;the construction of infrastructure and public facilities related to the Project; the construction and reconstruction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance or repair of any building, structure, improvement, landscaping or facility after the construction and completion thereof. 5.3 subsequent Rules. Any change proposed to the Applicable Rules, including, without limitation, any change in any apPlicable general plan or specific plan, zoning, or subdivision regulation, adopted or becoming effective after the Effective Date, including, without limitation, g any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council,the Planning Commission or anyother board, agency, commission or department of the City, or any officer or g employee thereof, or b the electorate, as the case may be (collectively the "Subsequent Rules"), which would, absent thisg reement, otherwise be applicable to the Property, shall specifically not apply to anypart of the Property unless Developer notifies the City in writing that it elects to have p p the Subsequent Rules apply. 5.4 Timing of Development. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal, d 465 ("Pardee"),the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of Development resulted in a later-adopted initiative restricting the rate of Development to prevail against the parties' agreement. Here, City and Developer intend to avoid the result in Pardee by acknowledging and providing that.Developer shall have the right, without obligation,to Develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment subject to the terms of thisg reement. In furtherance of the Parties' intent, as set forth in this Section,no Subsequent Rules thatp ur ort to limit the rate or timing of Development over time or alter the sequencing of Development phases, whether adopted or imposed by the City Council or through the initiative or PP referendum process or otherwise, shall specifically apply to the Property and/or the Project. In furtherance of the Parties' intent, as set forth in this Section, no future amendment of any existing 250/470 City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing f Development over time or alter the sequencing of Development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall specifically appI to the Property. However, nothing in this Section shall be construed to limit City's right to enforce Developer's obligation pursuant to this Agreement to satisfy conditions and required by the Project Approvals and this Agreement once the Developer has received all applicable permits for and has commenced ed construction of the Development. 5.5 Term. This Agreement shall be in effect for a period of ten(10) years from the Effective Date of the Ordinance establishing this Agreement. 5.6 Issuance of Buildin2 Permits. No Future Approval will be withheld, conditioned, or delayed from the Developer if all of the provisions of the Project Approvals, this Agreement and the Applicable Rules required as a condition to issuance of that Future Approval have been satisfied or suitably guaranteed to be completed (by covenant, bond, letter ofcredit or otherwise) to the reasonable satisfaction of the City. 5.7 Satisfaction of Mitigation Measures and Conditions. In the event that any of the mitigation measures or conditions required of Developer hereunder have been implemented by others to the City's satisfaction, Developer shall be conclusively deemed to have satisfied such mitigation measures or conditions, consistent with the California Environmental Quality Act (' CEQA"). If any such mitigation measures or conditions are rejected by a governmental agency with jurisdiction, the Developer may implement reasonably equivalent substitute mitigation, consistent with CEQA, to the City's satisfaction, in lieu of the rejected mitigation measures or conditions. 5.8 Moratorium. The City shall not impose a development moratorium on the Property in conflict with this Agreement unless such is necessary to protect a significant threat to the health or safety within the City. 5.9 Performance of City Community evelo ment Director Duties. If the City determines at any time during the term of this Agreement that the duties to be performed by the City Community evelo ment Director under this Agreement will be performed by one or more staff members other than the Community evelo ment Director, the City shall endeavor to notify the Developer of such change. The City shall ensure that a person or persons are designated at all times to carry out the duties of the Community Development Director set forth in this Agreement. 5.10 Inconsistent Enactments. By way of enumeration, and not limitation, any law, action or inaction, whether imposed by initiative or otherwise and whether or not by specific reference to the Project or the Property,this Agreement or otherwise, shall be considered to conflict if it: (a) Restricts the vested rights described in the Agreement or in any way limits, reduces, delays, or adversely affects the rate,timing, scope, intensity, use, density, manner, or sequencing of the Development or otherwise requires any reduction or increase in the number, size, height or square footage of lots ,struct res, buildings or other improvements, modifies the standards and specifications applicable to the infrastructure required for the Project or requires 251/470 • additional dedications, exactions, fees or mitigation other than that provided for in the Agreement; or (b) Imposes a new permit requirement not already part of the Applicable Rules. And, in such case of any such conflict, the terms and conditions of this Agreement shall prevail and shall supersede any conflicting restriction or imposition, except as allowed by this Agreement. 6. DeveloncrAffeements.. 6.1 General. The Developer shall comply with(0 this Agreement, (ii)the Project Approvals, including without limitation all mitigation measures and mitigation monitoring program required by the determination made pursuant to the California Environmental Quality Act, and(iii) all Future Approvals for which its the applicant or a successor in interest to the applicant. Developer further agrees that Developer has reviewed, understands and agrees with the fees, dedications, reservations and exactions, as defined in Section 66000 of the Government Code, CEQA mitigation measures and conditions of approval of the Project Approval, Further, Developer waives any right to protest the imposition of any such fees, dedications,reservations, or other exactions. Notwithstanding this waiver, if a court finds that such rights cannot be waived, Developer acknowledges that notice pursuant to Government Code Section 66020(d)(1) o imposition of the fees, dedication, reservations and exactions set forth in this Agreement and the Project Approvals has been provided and the 90-day approval period in which the applicant may protest has begun. 6.2 .Fee. The Developer shall pay the City a Development Agreement Fee ("DA Fee") Eight Hundred Forty Thousand Dollars ($840,000). This DA Fee shall be paid prior to the ' of a building permit for the fifty-fifth 55th' residential unit to be constructed City's issuance g pby Developer. The Cityshall have the sole discretion to use the DA Fee as it chooses. This provision shall survive the termination of this Agreement. 6.3 Maintenance Obligations, The Developer shall maintain all portions of the Property in i acquisition and/or preparation of any plans or other submissions made by the Developer pursuant to this Agreement Theer veld shall also be responsiblefor the payment of all fees assessed in p connection with obtaining any entitlements and permits as necessary for construction, marketing and/or maintenance of the Project, including, without limitation, all school fees, county fees, City fees and fees payable to the sanitation district. The Developer shall be responsible for making appropriate application to the City to satisfy any applicable provisions of the California Subdivision Map Act, to obtain any required conditional use peimit and to satisfy all other local enactments in accordance with the Subdivision Map Act which are applicable with respect to assembly and development of the Site. 6.6 Permits. Before Developer commences construction of any buildings, structures or other works of improvement upon the Property, Developer shall secure or cause to be secured any and allma ermits which be required the Cityor any other governmental agency affected by p y such construction, development or work other than the Project Approvals ranted concurrently with this Agreement. Such permits shall be secured at the Developer's own expense. Subject to the terms of this Agreement, it is understood that the Developer is obligated to pay all necessary fees and to timely submit to the City final drawings with final corrections to obtain any necessary permits; the City shall, without obligation to incur liability or expense therefore, use reasonable efforts to expedite issuance of building and other required permits and certificates of occupancy for construction that meets the requirements of the Chino Hills Municipal Code. The Developer shall be required to comply with all conditions to approval ofall zoning changes, general plan amendments, specificplan modifications,precise plans, subdivision maps, conditional use permits, CEQA approvals or any other land use approvals, and all costs of compliance shall be at the sole expense of the Developer. 6.7 Taxes, Assessments and Liens. The Developer shall pay when due any tax, , assessment or lien which has been or maybe levied on the Property or its interest therein(including, � without limitation, any condominium and planned unit development assessments) and acknowledges that the failure to do so timely shall constitute a material Default hereunder. Developer acknowledges that it will have topay off the deferred assessment amount of 598,496.16, which is the amount, apportioned to this Property, owed under the Weeda Assessment Deferral Agreement between Mrs. Adriana Weeda and County Zone Area 70 Zone CH dated December 8, 1986 recorded on the Property as Instrument# 87414132,within fifteen(15) calendar days of the date that the ordinance authorizing this Agreement becomes effective. Except as otherwise expressly provided in this Agreement, the Developer may contest the validity or amount of any tax assessment, encumbrance, or lien upon the Property, and exercise all remedies available to the Developer with respect thereto,provided, however, notwithstanding anything in this Agreement to the contrary, that no contest, opposition or objection shall be continued or maintained after the date on which the imposition or assessment at which it is directed becomes delinquent. 6.8 Sales and Use Tax. 6.8.1 In the event the contract price for any work on the Project is valued at five million dollars ($5,000,000) or more,Developer agrees to report, on a State Board of Equalization Tax Return, any purchases of tangible personal property made in connection with the finishing of and/or installation of materials, or fixtures for the Project, when such purchases were made without sales or use tax due. Developer must indicate the City as a registered job site location on the State 253/470 Board of Equalization Tax Return. Developer will require that all qualifying contractors and subcontractors exercise their option to obtain a Board of Equalization sub-permit for the jobsite and allocate all eligible use taxp a ments to the City of Chino Hills. Prior to commencement of any construction activity on-site the developer will require that the contractor or subcontractor provide the City of Chino Hills with either a copy oftheir BOE account number and sub-permit, or statement that use tax does not apply to their portion of the project 6.8.2 Developer further agrees that if Developer retains contractors r subcontractors to perform a portion of work in the Project, and said contracts or subcontracts are valued at five million dollars($5,000,000) or more, said contracts or subcontracts must contain the provisions set forth in Section 6.8.1 above. 6.8.3 The Finance Director of the City is authorized to relieve Developer, and Developer's contractors and subcontractors, from the requirements set forth in this Section 6.8,2 upon proof to the reasonable satisfaction of the Finance Director that Developer and/or its contractors or subcontractors have made good faith efforts to obtain said permit or sub-permits, but were denied the same by the State Board of Equalization. '. Mo i i a i Su.s ensio . Pursuant to Government Code Section 65869.5, in the event that any state or federal law or regulation, enacted after the Effective Date, precludes compliance with any provision of this Agreement, such provision shall be deemed modified or suspended to the extent practicable to comply with such state or federal law or regulation, as reasonably determined necessary by City. Upon repeal of said law or regulation or the occurrence of any other event removing the effect thereof upon the Agreement, the provisions hereof shall be restored to their full original effect. 8. Demonstration of Good Faith Compliance, 8.1 periodic Review of Compliance. In accordance with Government Code Section thisuntil such time as the final 65865.1, Section and the Applicable Rules, once each year certificate of occupancy has been issued and Developer has complied with this Agreement and all l Rules, on or before each anniversaryof the Effective Date ("Periodic Review" , the CityAppl`cab Community Development Director shall review the extent of the Developer's good faith compliance with the terms and provisions of this Agreement. The reasonable cost of each annual review conducted during the term of this Agreement shall be reimbursed to the City by the Developer or its successors or assigns. Such reimbursement shall include all direct and indirect expenses reasonably inured in such annual reviews including, without limitation, reasonable attorneys' fees. 8.2 Good Faith Compliance. During each Periodic Review,the Developer shall demonstrate by written status report that, during the preceding twelve (12) month period, that it has been in good faith compliance with this Agreement. The Developer shall provide such a written status report to the City Community Development Director at least forty-five (45) days prior to each anniversary of the Effective Date of this Agreement. In addition, upon the written request f the Community Development Director, the Developer shall furnish such documents or other information as reasonably and lawfully requested by the Community Development Director, 254/470 8.3 Information to be Provided to Developer. The City shall deliver to the Developer a copy f all staff reports re a•ed in connection with a Periodic Review, any prior staff reports generated during the preceding twelve(12) month review period regarding good faith compliance of the Developer with this Agreement, written comments from the public regarding good faith compliance of the Developer with this Agreement and, to the extent practical, all related exhibits concerning such Periodic Review, but in no event later than six business days prior to the City Community evelo ment Director's submittal of any report to the Planning ing Commission setting forth his or her determinaten as to the results of the Periodic Review. Subject to the provisions of Section 13 below, p on the Developer's request, the Developer shall be given a full and adequate opportunity ortunit to be heard orally and in writing regarding its performance and, at its option,the City's performance under the Agreement,prior to the completion of the City Community Development Director's Periodic Review. 8.4 Special Reviews. In addition, the City Council may order a special periodic review of the Developer's compliance with this Agreement at any time. The cost of such special reviews shall be borne by the City, unless such special review demonstrates that the Developer is not acting inood faithcompliance with the provisions of this Agreement. Insuch cases,the Developer shall g reimburse the City for all costs, direct and indirect, reasonably incurred in conjunction with the special review. 8.5 Notice Of Non-Compliance: Cure Rights. Subject to the provisions of Section 13.1 below, if at the completion of any Periodic Review, the City Community Development Director reasonably concludes on the basis of substantial evidence that as to any parcel or parcels comprising the Property i the Developer has not demonstrated that it is in good faith compliance with this Agreement; and (ii) that the Developer is out of compliance with a specific substantive term or provision of this Agreement,then the City Community Development Director may issue and deliver } to the Developer a written Notice of Violation as set forth in Section 10.2 below. 8.6 Determination of eelo.. er's Compliance. If the City Community Development Director determines that the Developer has demonstrated that it is in good faith compliance with this Agreement, the City Community Development Director's determination shall be deemed final and non-appealable. If the Developer appeals to the Planning Commission a determination by the City Community Development Director that the Developer is not in compliance with this Agreement and the Planning Commission determines that the Developer has demonstrated that it is inood faith compliance with this Agreement, the Planning Commission's determination shall be g deemed final and non-appealable. If the Developer appeals to the City Council a determination by thelanning Commission that the Developer is not in compliance with this Agreement and the City Council determines that theevelop er has demonstrated that it is in good faith compliance with this Agreement, the City Council's determination shall be deemed final and non-appealable. 8.7 Failure of Periodic Review. The City's failure to review, at least annually, compliance by the Developer with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement. 8.8 Effect on Default Procedures. Nothing in this Section 8 shall be interpreted to prevent the City from providing the Developer with an otherwise proper Notice of Default hereunder at any time, including any time other than during a periodic review under this Section 8, 255/470 or from teminating this Agreement pursuant to the provisions of Section 10 following any Uncured Default by Developer. 9. Excusable Delays. Performance by any Party of its obligations hereunder shall be excused during any eriod of"Excusable Delay," as hereinafter defined, provided that the Party claiming the delay gIves notice of the delay to the other Party as soon as reasonably possible after the same has been ascertained. For purposes hereof,Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) acts of God; civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; unusually adverse weather conditions which have not been taken into account in the construction schedule; damage to work in progress by reason of fire, flood, earthquake e or other casualty; (h) reasonably unforeseeable delay caused by a reasonably imposed restriction or mandated by a governmental entity other than City; (i) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Future Approval or any other action necessary for Development of the Property; (j) delays caused by any default by CityDeveloper the Deveer hereunder (however, only the non-defaulting party can assert an excusable dela • delays due to the presence or remediation of Hazardous Materials; (1) delays due to the presence or mitigation of impacts to archaeological, cultural or historical resources subject to protection by any governmental entity; or(m) terrorism. To the extent necessary to effectuate theoses ur ofthis Agreement,the term of this Agreement and any obligations f the � g Parties hereunder shall be extended by any period of Excusable Delay. 10. Default Provisions. Either Party to this Agreement shall be deemed to have breached this Agreement if it materially breaches any of the provisions of this Agreement and the same is not cured within the time set forth in a written notice of violation (the "Notice of Violation") from the non-breaching Party to the breaching Party, which period of time shall not be less than ten(10) days for monetary defaults, and not less than sixty (60) days for non-monetary defaults from the date that the notice is deemed received, provided if the breaching Party cannot reasonably cure a non- monetary default within the time set forth in the notice, then the breaching Party shall not be in default if it commences to cure the default within such time limit and diligently effects such cure thereafter, but in no event more than one hundred eighty (1 80) days after receipt of such Notice of Violation. Failure or delay in giving such Notice of Violation shall not constitute a waiver of any breach of thisg ree .ent. Following the giving of such notice,the nonperformance which is complained of shall constitute a Default under this Agreement. If a Default is not cured within the applicable period provided above,then it shall thereafter constitute an "Uncured Default." 10.1 No Waiver of Default,. Except as otherwise expressly provided in this Agreement, any failure or delay by either Party in asserting anyof its rights or remedies as toany Default shall not operate as a waiver of any Default or of any rights or remedies in connection therewith or of any other rights and remedies provided by this Agreement or by law, or deprive such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 10.2 Content of Notice of Violation. Every Notice of Violation shall state with specificity that it is given pursuant to this Section of the Agreement,the nature of the alleged breach, (including references to the pertinent provisions of this Agreement), the portion of the Property 256/470 i involved, and the manner in which the breach may be satisfactorily cured. The notice shall be deemed given in accordance with Section 18 hereof. 10.3 Remedies for Breach. In the event of an Uncured Default, the Parties agree that the remedies for breach ofthis Agreement by Developer or City shall be limited to injunctive relief and/or specific performance or termination of this Agreement. 11. Mortaee Protection. This Agreement shall not prevent or limit the Developer i any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any ore, deed of trust or other security device. The City acknowledges that the lender(s) such financing("Mortgagee") may require certain Agreement interpretations and agrees, upon request, from time to time,to meet with the Developer and representatives of such lender(s)totoprovide within a reasonable time period the City's response to such requested interpretations. The City will not unreasonably withhold its consent to any such requested interpretation, prv le l that such interpretation is consistent with the intent and purposes of this Agreement. Any Mortgagee of a mortgage or a beneficiary of a deed oftrust or any successor or assign thereof, including without limitation the purchaser at a judicial or non judicial foreclosure sale or a person or entity who obtains title by deed-in-lieu of foreclosure on the Property shall be entitled to the following rights and privileges: 11.1 Mortgage Not Rendered Invalid. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the priority of the lien of any - rr mortgage or deed of trust on the Property made in good faith and for value. No Mortgagee shall have an obligation dutyunder this Agreement to perform the Developer's obligations, or to g or guarantee such performance prior to taking title to all or a portion of the Property. 11.2 Request for Notice to Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property, or an a thereof; who has submitted a request in writing to the City in p the manner specified herein fornotices, shall be entitled to receive a copy of any Notice of p giving Violation delivered to the Developer. 11.3 Mortgagee's Time to Cure. The City provide shall a copy ofany Notice of Violation to the Mortgagee dayssending ee within ten of the Notice of Vilation to the Developer. The Mortgagee shall have the right, but not the obligation, to cure the default for a period of(a)thirty . (30) days after the receipt of such Notice of Violation; or, if the default cannot be so cured within said thirty(30) y days, then within ninety (90) days after receipt of such Notice of V .iolatio so long as Mortgagee has commenced in good faith to cure the default. Notwithstanding the foregoing,of if such default shall be a default which can only be remedied by such Mortgagee obtaining ossession of a Property, r any portion thereof; and such Mortgagee seeks to obtain possession, such Mortgagee shall have until ninety (90) days after the date of obtaining such possession to cure or, if such default cannot reasonably be cured within such period,,t commence to cure such default,p ro ided that such default is cured no later than one (1) year after Mortgagee obtains such possession. 11.4 Cure Rights. Any Mortgagee who takes title to all of the Property, or any part thereofpursua t to foreclosure f the mortgage or deed of trust, or a deed in lieu of foreclosure, shall succeed to the rights and obligations of the Developer under this Agreement as to the Property 257/470 { or portion thereof so acquired; pr vided, however, in no event shall such Mortgagee be liable for any defaults or monetary i ations of the Developer arising prior to acquisition of title to the portion ofthe Property such Mortgagee, except with respect to the payment blig t.i forth rh in Section 6,2 of this Agreement. Additionally, any such Mortgagee shall not be entitled to a building ermit or occupancy certificate until all delinquent and current fees and other monetary or non-monetary obligations due under this Agreement for the Property, or portion thereof acquired by such Mortgagee, have been satisfied. 11.5 Bankruptcy.ruptc . If any Mortgagee i rohibited from commencing o prosecuting foreclosure or other appropriate proceedings in the nature of foreclosure by any process or injunction issued by any court or by reason f a .y action by r court having jurisdiction of any bankruptcy or insolvency proceedings involving the Developer, the times specified in Section 11.3 above shall be extended for the period of the prohibition, except that any such extension shall not extend the term of this Agreement. 11.6 isafflrmatio . If this Agreement is terminated as to any portion of the Property by reason of any default or(ii) as a result of a bankruptcy proceeding, this Agreement is disaffirmed by a receiver, liquidator, or trustee for ther� property,evelo er its the City, if requested byany p Mortgagee, shall negotiate in good faith with such Mortgagee for a new development agreement for the Project as to such portion of the Property with the most senior Mortgagee requesting such new agreement. This Agreement does not require any Mortgagee or the City to enter into a new development agreement pursuant to this Section, 12. sto 1 Certificate. At any time and from time to time,the Developer may deliver written notice to City and City may deliver written notice to the Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party (i)this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii)the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty days following receipt of the notice. The failure of the City to deliver such a written notice within such time shall constitute a conclusive presumption against the City that, except as may be represented by the Developer, this Agreement is in full force and effect without modification, and that there are no uncured defaults in the performance of the Developer. The City Community Development Director shall be authorized to execute, on behalf of the City, any Estoppel Certificate requested by the Developer. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 13. Administration of reement. 13.1 Appeal of Staff Determinations. Any decision by City staff concerning the interpretation or administration of this Agreement.or Development of the Property in accordance herewith may be appealed by the Developer to the Planning Commission, and thereafter, if necessary, to the City Council pursuant to the Chino Hills Municipal Code. The Developer shall not seek an judicial review of staff decision ithout first having exhausted its r* m dies pursuant to y this Section. All decisions by the City Staff concerning the administration of this Agreement and 258/470 . i the Project which is the subject hereof are appealable to the Planning Commission and thereafter, if necessary, to the City Council. Final detenninations by the City Council are subject to judicial review subject to the restrictions and limitations of California law. 13.2 Qperating Memoranda. The provisions of this Agreement require a close degree of y cooperation between City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Applicable Rules may be appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the terms of this Agreement, City and Developer agree that such clarifications are necessary or appropriate,they shall effectuate such clarification through operating memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by City and the Developer. Operating memoranda are not intended to and shall not constitute an amendment ent to this Agreement but are mere ministerial clarifications,therefore public notices and hearings shall not be required. The City tt rn shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such character to constitute an amendment hereof which requires compliance with the provisions of Section 14 below. The authority to enter into such operating memoranda is hereby fele ate to the City Community Development Director, and the City t Community Development Director is hereby authorized to execute any operating memoranda. hereunder without further City Council action. il 13.3 Certificate of Performance. Upon the completion of the Development of the Property, or upon completion f performance of this Agreement or its earlier revocation and termination, the City shall provide the Developer, upon the Developer's request, with a statement i "Certificate of Performance" evidencing said completion or revocation and the release of the Developer from further obligations hereunder, except for any ongoing obligations hereunder. The Certificate of Performance shall be signed by the appropriate agents of the Developer per and the City and shall be recorded in the official records of San Bernardino County, California. Such Certificate of Performance is not a notice of completion as referred to in California Civil Code Section 3093. 14. Armen mcnt or Termination by Mu.tual Consent. Except as otherwise set forth herein, this Agreement mayonlybe amended or terminated, in whole or in part, by mutual consent of City t and the Developer, and upon compliance with the provisions of Government Code Section 65867. 15. Indemnification/Defeme. The Developer shall indemnify, defend with counsel reasonably acceptable to the City, and hold hornless the City and its officers, employees and agents from and against any and all losses, liabilities, fines,penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any wayfrom,the Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void, or annul this Agreement or the Project ect Approvals or any provisions thereof. . Time o Essence. Time is of the essence for each provision of this Agreement of which time is an element. 259/470 17. Effcctive Date, This Agreement shall become operative on the date the Enabling Ordinance becomes effective (the "Effective Date")pursuant to Goverment Code Section 36937. 18. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as follows: If to City: City of Chino Hills 2001 Grand Avenue Chino Hills, CA 90017 Attn: City Clerk With a Copy to: Hensley Law Group 2600 W. Olive Avenue, Suite 500 Burbank, CA 91505 Attn: Mark . Hensley, Esq. Facsimile No.: (818) 333-5121 If to Developer: TFI—HW So l el, LLC e o Trumark Homes [INSERT ADDRESS] With a copy to: Gregory P. Powers, Esq. Jackson'nidus 2030 Main Street, 12t1 Floor Irvine, CA 92614 (949) 851-7607 Either City r Developer may change its mailing address at any time by giving written notice of such change to the other in the mannerprovided herein at least ten (10) days prior to the g date such change is effected. All notices under this Agreement shall be deemed given, received, g made or communicated on the earlier of the date personal delivery y is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. 19. Exhibits. The following documents referred to this Agreement are attached hereto and 9 g g incorporated herein as if fully set forth and are identified as follows: Exhibit "A" Property Description Exhibit "B" Project Site Plan Exhibit "C" Assignment and Assumption Agreement 260/470 Exhibit "D" Development Impact Fee Schedule 20. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 21. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement ofthe waiver is sought. 22. Se era i1i . If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable,the remainder ofthis Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform,taking into consideration the purposes of this Agreement. 23. Relationship of flip Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any other Party in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners,joint ventures or any other association of any kind or nature between City and Developer,jointly or severally. 24. No Thirct Party Beneficiaric . This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person or party shall have any right of actiobased upon any provision ofthisAgreement. 25. Recordation of Agreement and Amendments,. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of San Bernardino by the City Clerk of City. 26. Cooper , ion Between City.mid Develo . City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be reasonably necessary to carry purposes out the r oses othis Agreement. Upon satisfactory performance by Developer, and subject to the continuing cooperation of the Developer, City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and Development of the Property in accordance with the terms ofthis Agreement. 27. No Joint and Several Liability. No breach hereof by an individual Party shall constitute a breach by a non-breaching Party. Any remedy, obligation, or liability, including but not limited to the obligation to defend and indemnify the City, arising by reason of such breach shall be applicable solely to the party that committed the breach. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for anyother purpose or affect interpretation of the Agreement. Should any provision of g thisg rement be found to be in conflict with any provision of the Applicable Rules or the Project Approvals or the Future Approvals, the provisions of this Agreement shall control. 261/470 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made and entered into in the County of San Bernardino, Cali other than the City, and all consents or approvals of the Developers managers, members and/or employees, as applicable, required in connection with the execution and delivery by the Developer of this Agreement shall have been obtained and delivered to the City on or before the effective date of this Agreement. 35.4 Due and Valid Execution. This Agreement and all other instruments to be executed in connection herewith, shall, as of the date of their execution,have been duly authorized, executed, and delivered by the Developer. 35.5 Adverse Conditions, Etc. To the best ofthe Developer's knowledge, there is o adverse condition or circumstance, pending or threatened litigation, governmental action or other condition which could prevent or materially impair the Developer's ability to develop the Site as contemplated by the terms of this Agreement. 35.6 resentati ns and Warranties Default. Each of the foregoing representations and warranties is material to the City. If any of the foregoing representations and warranties shall prove to have been untrue, inaccurate or misleading in any material respect as of the time when made (or deemed made)by the Developer,then ipso f (and without the need for any notice by the City to the Developer and without the Developer's having the opportunity to cure the same) such untrue, inaccurate or misleading e resentation or warranty conclusively shall constitute a Default by the Developer under this Agreement. 263/470 IN WITNESS WHEREOF, Developer and City of Chino Hills have executed this Development Agreement on the date first above written, CITY: CITY OF CHINO HILLS, a municipal corporation By: Name: Title: ATTEST City Clerk APPROVED AS TO FORM: By: Name: Its: City Attorney DEVELOPER: TH- 1W SOOUEL, LLC, a California limited liability company By: w . Name: Title: 264/470 ACKNOWLEDGMENT State of California County of On , before me, (insert name of notary) Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged vledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official seal. Signature_ (Seal) ACKNOWLEDGMENT State of California County of On , before me, (insert name of notary) Notary Public,personally appeared whoproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged rledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_ (Seal) 265/470 EXHIBIT LEGAL DESCRIPTION OF THE PROPERTY 266/470 EXHIBIT PROJECT SITE PLAN 267/470 , 0,11.1-01,1 C NSSICOai,l't 1\141) NSSiltgi1014, NG100/04T , 2681 47 0 i I EXHIBIT DEVELOPMENT IMPACT FEE SCHEDULE Fee Category I Land Use 1 Unit Amount of Fee Traffic Facilities 1 Single-Family I Dwelling Unit 226 1 Multi-Family 1 Dwelling Unit 226 Storm Drain Facilities I Single-Family Dwelling Unit 1,248 1 Multi-Family Dwelling Unit 1,248 I Commercial ercial 1,000 SF 861 I Business Park 1 1,000 SF_ 648 Private Institutional 1,000 SF 861 i I PPublic Institutional 1,000 SF 861 1 Commercial Recreation I TBD General Cit Faciliti { Sewer' Single-Family I Dwelling Unit 457 w I Multi-Family Dwelling Unit 457 Non-Residential Dwelling Unit TBD Equivalents (Table 2, Section .40.110) Water Facilities2 Single-Family ellin Unit 6348 Multi Family I Dwelling Unit 4,443 Non-residential Per 1"meter 6,348 Non-residential Per 1 'A"meter 9,522 Non-residential Per 2" meter 20,312 Non-residential Per 3"meter 44,434 Non-residential Per 4" meter 76,172 Non-residential Per 6"meter 158,692 Non-residential Per "meter 516 Non-residential Per 10"meter 368,165 Non-residential Per 12"meter 507,814 Not imposed if septic system is used 2 Imposed at time of connection, I"meter is the standard. No additional charge for upsizing due to fire sprinkler installation. 270/470 1. Recitals 2 2. Property Subject to this Agreement 4 3. Binding din Effect 4. Development of the Property 5 5. p licable Rules and Entitlement to Develop . evelp Agreements A ets 8 7. Modification/Suspension 10 8. Demonstration of Good Faith Compliance 10 9. Excusable Delays 12 10. Default Provisions 12 11. Mortgagee Protection 13 12. Estoppel Certificate 14 13. Administration of Agreement 14 14. Amendment or Termination by Mutual Consent 15 15. Indemnification/Defense 15 16. Time of Essence 15 17. Effective Date 16 18. Notices 16 19. Exhibits 16 20. Entire Agreement 17 21. Waiver 17 22. Severability 17 23. Relationship of the Parties 17 24. No Third Party Beneficiaries 17 25. Recordation of Agreement and Amendments dments 17 271/470 26. Cooperation Between City and Developer 17 27. No Joint and Several Liability 17 28. Rules of Construction 17 29. Joint Separation 18 30. Governing Law and Venue 18 31. Attorneys' Fees 18 32. Counterparts 18 33. Weekend/Holiday Dates 18 34. Conflict of Interest; Undue Influence 18 35. Representations and Warranties 18 i Not imposed if septic system is used t 272/470 RESOLUTION NO. PC 2016- A 16-A IES L TI N OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS RECOMMENDING T THE CITY COUNCIL ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING F EP TING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND TO APPROVE GENERAL AL PLAN AMENDMENT TIENT N , 14GPA 2, ZONE CHANGE NO. 14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW NO. I SP R 4, AND A DEVELOPMENT AGREEMENT ENT FOR A COMMERCIAL AND RESIDENTIAL HORIZONTAL MIXED-USE PROJECT CONSISTING OF TWO MULTI-TENANT COMMERCIAL BUILDINGS MEASURING APPROXIMATELY 18,000 SQUARE FEET IN TOTAL FLOOR AREA, 68 SINGLE-FAMILY RESIDENTIAL UNITS AND 42 CONDOMINIUM UNITS, ON A 12.1-ACRE VACANT SITE LOCATED NORTH OF THE EXISTING SOQUEL CANYON CROSSINGS SHOPPING CENTER, BETWEEN LOS SEI RAN S COUNTRY CLUB DRIVE AND THE SR-71 FREEWAY THE PLANNING COMMISSION F THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: A. The Applicant, Trumark Homes, LLC, requests approval of General Plan Amendment No. I4GPA 2, Zone Change No. 14ZCO2, Tentative Tract Map No. 19904, Site Plan Review ie No. 14SPRO4, and a Development Agreement to construct a commercial and residential horizontal mixed-use development project consisting of two_ multi-tenant retail/commercial buildings with a combined floor area of approximately 18,000 square feet, 68 very small lot single-family detached residential units, and 42 residential attached townhome units on a 12.1-acre vacant site ("Project"). B. The Project is located adjacent to the existing So uel Canyon Crossings shopping center, on the north side of Soquel Canyon Parkway between Los Serranos Country Club Drive and the SR-71 Freeway, and is commonly known as Assessor's Parcel Numbers (APN) 1028-351-18, -30, -31, and -41 ("Site"). C. General Plan Amendment 14GPA02 is to change the General Plan Land Use designation from Commercial to Mixed-Use at the Site, and a simultaneous General Plan Land Useesig nation change from Mixed Use to Agriculture/Ranches for a portion of Tres Hermanos site "A" and transfer of 110 mixed-use units from the Tres Hermanos site "A" to the project sitea thereby reducing the units on the Tres Hermanos site A" from of 30 FIN ITV 0 474 to 3O4 resulting in no net increase of units in the City, consistent with the voter-approved Measure U units. D. Zone Change 14ZCO2 is to change the Zoning designation at the project Site from General Commercial (C-G) to Mixed Use (MU), and a simultaneous Zone Change from Mixed Use to Agriculture-Ranch for a portion of Tres Hermanos site "A". E. Tentative Tract Map No. 19904 is to allow subdivision of the site to accommodate 42 residential townhomes and 68 very small single-family residential lots, and a commercial lot. F. It is also proposed to rescind Phase Ib of Site Plan Review No. 05SPRO3 for the affected portion of the site (Assessor Parcel Map No. 1028-351- 41), which was originally roved by the Planning Commission on November 28, 2005. G. Site Plan Review No. I4SPl O4 is to allow the construction of a horizontal mixed use development that includes two multi-tenant commercial buildings totaling a000 square feet to accommodate retail and restaurant uses and a total of 110 for-sale residential units on a 12.1 acres site. H. The Development Agreement to address the vesting of certain rights for development of the Project and payment of certain development fees to the City. I. An initial Study/Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act "CEQA" , the State CEQA Guidelines, and the City of Chino Hills Local Procedures for Implementing entin CEQA. The Initial Study/Mitigated Negative Declaration was available for public review from November 9, 2015 through December 9, 2015. J. The Planning Commission of the City of Chino Hills held a noticed public hearing n November 17, 2015, opened the public hearing and took public p testimony on theJro'e t, and continued the public hearing to the p December 1, 2015 Planning Commission meeting to allow additional time to discuss the merits of the project and ask additional questions of the applicant. K. On December 1, 2015, the Planning Commission of the City of Chino Hills continuedpublic the hearin to the December 15, 2015 Planning Commission meetin0 t0 consider adoption of a resolution. L. On December 15, 2015, the Planning Commission of the City of Chino 2of30 274/470 Hills continued theu lic hearingto the January '19, 2016 Planning � Commission meeting to consider adoption of a resolution. M. The Planning Commission of the City of chino Hills held a noticed public hearing on January 19, 2016, to review and consider the staff report prepared for the Project, receive public testimony, and review all correspondence received on the Project. SECTION 2. Based upon oral and written testimony and other evidence received at the public hearing held for the Project, and upon studies and investigations made by the Planning Commission and on its behalf, does hereby find as follows regarding the Initial Study/Mitigated Negative Declaration CIS/MND" and Mitigation Monitoring Reporting Program: A. As requiredthe California EnvironmentalQualityAct of 1970, as by amended, and the Guidelines promulgated thereunder, and further, pursuant to the provisions of Section 753.5 (c) Title 14 of the California Code of Regulations, and the City of Chino Hills' Local Guidelines for Implementing CEQA, the City of Chino Hills prepared an Initial Study to determine if the proposed Project may have a significant effect on the environment, B. To ensure that the Project will have less than significant impact on the environment, the following mitigation ation meas Tres were included in the IS/MND and Mitigation MonitoringProgram, prepared in accordance with g0 the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines and the City of chino Hills Local Procedures for Implementing t CEQA: I. AQ-1 Construction Equipment Controls. During site preparation, the project applicant shall demonstrate to the Community Development Department that all heavy equipment with an engine rating of 125 horsepower or greater shall be compliant with GARB/I=PA Tier Ill emissions standards or better i.e. Tier In, or Tier IV). Requiring large equipment used during site preparation to comply with Tier III or better emissions standard will reduce NO emissions to less than the significance threshold. ii. AQ-2 Dust Control. During construction activities, the project applicant shall demonstrate to the satisfaction of the Community Development Director, that thep roject complies with SCA MD Rule 403 in addressing fugitive dust emissions. Table of the Rule specifies Best Available Control Measures that must be implemented where applicable. This includes adequate watering of the site to reduceg ltive dust emission. Implementation of these 3 of 30 275/470 measures will reduce fugitive dust emissions during grading to less than the significance threshold. iii.ii B10-1 Worker Environmental Awareness Program MEAS. If sensitive plants or wildlife are observed during the protocol burrowing owl surveys or the pre-construction breeding bird survey, a qualified biologist shall prepare and conduct a Worker Environmental Awareness Program (WEAP) that will describe the biological constraints of the project prior to project construction activities. All on-site personnel who will work within the project site will attend the WEAP prior to performing any work. The WEAP shall be administered to all on-site personnel regarding the results of the pre-construction surveys, sensitive biological resources potentially present on the site, restrictions, avoidance and protection measures, mitigation measures (if any), and individual responsibilities associated with thero'Je t. The program shall include the steps to take if workers encounter a sensitive wildlife species i.e. notifying the biological monitor or the construction foreman who shall then notify the biological monitor). Training materials will be language-appropriate for all construction personnel. Upon completion of the WEAP, workers shall sign a form stating that they attended the program, understand all protection measures and will abide all the rules of the WEAP. A record of all trained personnel shall be kept with the construction foreman onsite. If new construction personnel are added to the project later, the construction foreman shall ensure that new personnel receive training before they start working. The biologist shall prepare and provide written hard copies of the WEAP and photos of the sensitive biological resources and ESAs to the construction foreman. iv. 10-2 Biological Monitor.r. if sensitive wildlife are observed during the protocol burrowing owl survey or the pre-construction breeding bird survey, a biological monitor shall be on site to monitor all activities that result in the clearing or grading of areas known to contain the sensitive biological resources to ensure that impacts do not exceed the limits of grading and to minimize the likelihood of inadvertent impacts on special-status species. Where appropriate, the biological monitor shall mark/flag the limits of sensitive areas to restrict project activities near the areas. These restricted areas shall be monitored to protect the species during construction. The biological monitor shall ensure that all biological mitigation measures, BMPs, avoidance and protection measures described in the relevantro'Jet permits, approvals, licenses, environmental reports, and CEA documents, are in place and are adhered to. 4of30 276/470 Monitoring may cease when the sensitive habitats have been cleared or impacted. The biological monitor shall have the authority to temporarily halt all construction activities and all non-emergency actions if special- status species are identified and would be directly impacted. The monitor shall notify the appropriate resource agency and consult if needed. If needed, and if possible, the biological monitor shall relocate the individual outside of the work area where it would not be harmed. Work could continue at the location if the project proponent and the consulted resource agency determine that the activity would not result in impacts on the species. The appropriate agencies shall be notified if a dead or injured protected species is discovered within the project site. Written notification shall be made within 15 days of the date and time of the finding or incident (if known) and must include: location of the carcass, a photograph, cause of death (if known), and other pertinent information. v. 10-3 General Wildlife Avoidance and Protection Measures. The project proponent shall implement the following general avoidance and protection measures to protect wildlife, to the extent feasible: a. To minimize construction-related mortalities of nocturnally active species such as mammals and snakes, all work should be conducted during daylight hours. Nighttime work (and use of artificial lighting) shall not be permitted unless specifically authorized, If required, night lighting shall be directed away from any preserved open space areas to protect species from direct night lighting. All unnecessary lights shall be turned off at night to avoid attracting wildlife such as insects, migratory birds, and bats. b. If any wildlife is encountered during project activities, it shall be allowed to freely leave the area unharmed. c. Wildlife shall not be disturbed, captured, harassed, or handled. Animal nests, burrows and dens shall not be disturbed without prior survey and authorization from a qualified biologist. d. Active nests shall not be removed or disturbed. Nests can be removed or disturbed if determined inactive by a qualified biologist. e. To avoid impacts on wildlife, the project proponent shall comply with all litter and pollution laws and shall institute a litter control program throughout project construction. All contractors, 0 subcontractors, and employees shall adhere to this program. Trash and food items shall be disposed of promptly in predator of 30 277/470 proof containers with resealing lids. These covered trash receptacles shall be placed at each designated work site and the contents shall be properly disposed of at least once a week. Trash removal shall reduce the attractiveness of the area to opportunistic predators such as common ravens, northern raccoons, Virginia opossums, and coyotes. f. Contractors, subcontractors, employees, and site visitors shall be prohibited from feeding wildlife and collecting wildlife. g. To avoid the potential for mortality and harassment of wildlife, all non-security related firearms, weapons, and domestic dogs shall be prohibited from the project site. vi, B10-4 Burrowing Owl Survey. To assure avoidance of impacts to the species prior to construction, a qualified wildlife biologist shall conduct pre-construction surveys of the permanent and temporary impact areas to locate active breeding or wintering burrowing owl burrows no more than 14 days prior to construction. The survey methodology will be consistent with the methods outlined in the CDFW Staff Report on Burrowing Owl Mitigation (20'12 . The results of the pre-construction surveys shall be documented and filed with the City'sCommunity Development Department within five days after the survey. If no active breeding or wintering owls are identified, no further mitigation is required. If burrowing owls are detected onsite, the following mitigation measures shall be implemented ented in accordance with the CDFW Staff Report on Burrowing Owl Mitigation (2012): qualified wildlife biologist shall be on-site during initial ground- disturbing activities. A "qualified biologist" for the purpose of this mitigation is defined as individuals who meet the following minimum qualifications: O Familiarity with the species and its local ecology; O Experience conducting habitat assessments and non- breeding and breeding season surveys, or experience with these surveys conducted under the direction of an experienced surveyor; O Familiarity with the appropriate state and federal statutes related to burrowing owls, scientific research, and conservation; O Experience with analyzing ing impacts of development on burrowing owls and their habitat. No round-disturbin activities shall be permitted within a buffer no less than 200 meters (656 feet) from an active burrow, depending on the level of disturbance, unless otherwise 6 of 30 • 278/470 authorized by CDFW. Occupied burrows will not be disturbed during the nesting season (February 1 to August 31), unless a qualified biologist verifies through noninvasive methods that either: (1) the birds have not begun egg-laying and incubation; or (2) juveniles from the occupied burrows are foraging independently and are capable of independent survival. • During the nonbreeding (winter) season (September 1 to January 31), ground-disturbing work can proceed near active burrows as long as the work occurs no closer than 50 meters (165 feet) from the burrow, depending on the level of disturbance, and the site is not directly affected by the project activity. smaller buffer maybe established in consultation with y CDFW, If active winter burrows are found that would be directly affected byround-disturbing activities, owls can be excluded g from winter burrows according to recommendations made in the Staff Report on Burrowing Owl Mitigation (2012) i.e., through installation of one-way doors). o Burrowing owls shall not be excluded from burrows unless or until aurrowin0 Owl Exclusion Plan is developed by a qualified biologist based on the recommendations made in the Staff Report on urrowin Owl Mitigation (2012 and submitted to the City's Community Development Department and the local CDFW office for review and approval. The plan shall include, at } a minimum: O Confirmation by site surveillance that the burrow(s) is empty of burrowing owls and other species; O Type of scope to be used and appropriate timing of scoping; O Occupancy factors to look for and what shall guide determination of vacancy and excavation timing; O Methods for burrow excavation; O Removal of other potential owl burrow surrogates or refugia on-site; O Methods for photographic documentation of the excavation and closure of the burrow; • Monitoring of the site to evaluate success and, if needed, to implement remedial measures to prevent subsequent owl use to avoid take; O Methods for assuring the impacted site shall continually be made inhospitable to burrowing owls and fossorial mammals. 7 of 30 279/470 Compensatory mitigation for lost breeding and/or wintering habitat shall be implemented on-site or off-site through implementation of a Mitigation Land Management Plan prepared by a qualified biologist based on the Staff Report on Burrowing Owl Mitigation (C FW 2012) and submitted to the City's Community evelopment Department and the local CFDW office for review and approval. The plan shall include the following components, at a minimum: • Temporarily disturbed habitat on the project site shall , be restored, if feasible, to pre-project conditions, including decompacting soil and revegetating; O Permanent impacts to nesting, occupied and satellite burrows and/or burrowing owl habitat shall be mitigated such that the habitat acreage, number of burrows and burrowing owl impacted are replaced based on a site-specific analysis which includes conservation of similar vegetation communities comparable to or better than that of the impact area, and with sufficiently large acreage, and presence of , fossorial mammals; O Mitigation land acreage shall not exceed the size of the project site; O Permanently rotet mitigation land through a conservation easement deeded to a nonprofit conservation organization or public agency with a d conservation mission. If the project is located within the service area of a CDFW approved burrowing owl conservation bank, the project operator may purchase available burrowing owl conservation bank credits. O Fund the maintenance and management of mitigation , land through the establishment of a long-term funding mechanism such as an endowment. O Mitigation lands shall be on, adjacent or proximate to the impact site where possible and where habitat is sufficient to support burrowing owls present. vii. B10-5 Nestin irds. To comply with the MTA and the California Fish and Game Code, and to avoid and reduce direct and indirect impacts on migratory non-game breeding birds, and their nests, young, and eggs to less than significant levels, the following measures shall be implemented. a. Initialp ro`ect activities shall be scheduled outside the breeding bird season, if feasible. The breeding bird nesting season is typically from February 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. 8 of 30 280/470 . if initial project activities cannot be avoided during February 15 through September 15, a qualified biologist shall conduct a pre- construction survey for breeding birds, and active and potential nesting sites within the limits of project disturbance up to seven days prior to mobilization, staging and other disturbances. The survey should end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance, c. If no breeding birds or active nests are observed during the pre- construction survey or if they are observed and will not be impacted, then project activities may begin and no further breeding bird monitoring would be required. d, If an active bird nest is located during the pre-construction survey and potentially could be impacted, a no-activity buffer zone shall be delineated on maps and marked by fencing, stakes, flagging, or other means up to 500 feet for special-status avian species and raptors, or 100 feet for non-special status avian species. The limits of the buffer shall be demarcated so as to not provide a specific indicator of the location of the nest to predators or people. Materials used to demarcate the nests shall be removed as soon as work is complete or the fledglings have left the nest. viii. CR-1 Unanticipated Discovery of Cultural Resources. Archaeological and Native American monitoring shall be conducted for all ground disturbing activities within the project site. Monitoring ring shall be performed under the direction of a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology (National Park Service 1983). If cultural resources are encountered during ground-disturbing activities, work in the immediate area must halt and the find must be evaluated by the qualified archaeologist. Depending upon the nature of the find, if the discovery roves to be potentially significant under CA, as determinedy the qualified archaeologist, additional work such as on site monitoring by a qualified Native American Tribal representative, data recovery excavation, avoidance of the area of the find, documentation, testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution, or other appropriate actions may be warranted at the discretion of the qualified archaeologist. The archaeologist shall complete a report of excavations and findings, and submit the report to the City f Chino Hills. After the find is appropriately mitigated, work in the area may resume. ix. CR-2 Unanticipated Discovery of Human Remains. If human remains are found during round disturbing activities, State of 9 of 30 281/470 California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the San Bernardino County Coroner shall be notified immediately. If the human remains are determined to be prehistoric, the coroner shall notify the Native American Heritage Commission (NAHC), which shall determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. x. CR-3 Retain a Qualified Paleontologist. Prior to any radia on the project site, the project applicant shall retain a qualified paleontologist to prepare and implement a Paleontologic Resource 0 Impact litigation Program to reduce direct and indirect adverse paleontologic impacts on the project site, specifically during earth- moving activities. Said program shall provide for: 1) the recovery of some scientifically highly important fossil remains, should any be encountered by such activities; (2) their comprehensive treatment and transfer to a recognized museum repository forp ermanent storage and maintenance; (3) the recording of associated specimen data and corresponding geologic and geographic locality data and their archiving at the repository (4) ensure the availability of the remains and data for future study by qualified scientific investigators; and shall be in place prior to any project grading activities. xi. CR-4 Paleontological Resource Impact Mitigation Program. The Paleontological Resource Impact Mitigation Program shall be p g g prepared and implemented by app aleontolO ist approved bythe p City's Community Development Director and the Los Angeles County Natural History Museum (LANHM) or San Bernardino County Museum Division of Geological Sciences (SBCM). xii. CR-5 Paleontological Monitoring. All earth-moving activities shall be monitored by a qualifiedp aleontolo ist to allow for the discovery and recovery of larger fossil remains. Said monitoring shall be implemented on a full-time basis once earth-moving activities have reached a depth of 3.5 feet below the previous9 round surface and only in those areas of the project site where such activities will disturb previously undisturbed strata in the younger alluvium. Monitoring will not be required in areas where the younger alluvium will not be encountered below any artificial fill, or where the unit will O of 30 282/470 be buried, but not otherwise disturbed. xiii. CR-6 CR-6Recovery of Fossil Specimens. All fossil specimens recovered from ther 'Je t site as a result of implementation of the mitigation ation ro ram shall be treated (prepared, identified, curated, cataloged) in accordance with designated museum repository requirements. xiv. CR-7 Maintenance of a Daily Logi A daily log shall be kept that i Avenue to provide a second left-turn lane, Modify the existing traffic signal and existing striping accordingly and install all necessary roadwork, striping, pavement markings and signs per the City of Chino Hills Standard Design Guidelines. Alternatively, restripe the northbound approach on Central Avenue to provide a second left-turn lane, remove the northbound right-turn lane and convert the third through lane to an optional shared through/right turn lane. Modify the existing traffic signal and existing striping accordingly and install all necessary striping, pavement markings and signs per the City of Chino Hills Standard Design Guidelines. Implementation of this alternative improvement in lieu of the option identified above will require the approval of the City of Chino Hills City Engineer. This improvement to Central Avenue/Soquel Canyon Parkway gat Fairfield Ranch Road in the City of Chino Hills is required to offset the incremental contribution of the project to identified 2018 traffic ■ impacts. The project shall construct these improvements prior to occupancy, or, if the improvements are installed by another developer prior to occupancy of the Project, then the applicant shall pay fair share fees as determined by the City Engineer to the developer that constructs these improvements. A funding mechanism shall be established as a condition of project approval. Installation or fee payment shall occur prior to occupancy, C. A Notice of Intent to Adopt a Mitigated Negative Declaration was filed with the State Clearinghouse on November 9, 2015, and the public review period was duly noticed by mail and published in the Chino Hills Champion on November 7, 2015. The IS/MND and Mitigation ation M nitorin Reporting Program were available for public review from November 9, 2015 through December 9, 2015. D. The 1S/MND prepared for this Project reflects the City's independent p ent judgment and analysis, The revised mitigation measure of TR-1 above is equivalent or more effective in mitigating environmental impacts, and the 0 0 revisions do not themselves cause anypotentiallysignificant 0 t effect. Further, the modifications to the mitigation measures do not substantially alter the analyses or findings of the IS /MND and recirculation of the IS/MND was not requiredp ursuant to section 15073.5 of the CEQA Guidelines. The PlanningCommission finds that there is no substantial sfiantial evidence that the Project would have a significant impact on the environment with the inclusion of the mitigation measures set forth above in Section 2.B. 12 of 30 284/470 SECTION 3. With regard to the approval of General Plan Amendment I4GP 02, based upon oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the Planning Commission and on its behalf, the Planning Commission does further find, pursuant to Section 16.60,080 of the Chino Hills Development Code "Development Code") and Government Code Section 65358, as follows: A. FINDING: That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment; FACT: The appropriateness of the site lends itself to the need within they mmunit for the proposed Mixed Use designation. It is important to the economic vitality f the community to have a variety of residential and complementary commercial uses. Commercial uses provide important services to the residents of the community as well as sales tax revenue to the City. GRC Associates, inc. (CRC) a market and economic analysis for theproject and determined that the highest and y best use for the vacant project site is the proposed mixed-use development project, which includes for-sale, single-family and condominium residential, and commercial uses. Further, the proposed amendment will allow for a broader range of commercial and residential uses for the site that will result in the allowance of the site to provide for greater commercial services and housing tions to the greater community, and widens the commercial and housing opportunities available to the residents of the City and provides a broader economic base for the City. Lastly, the demand for mixed use is substantially stronger than commercial, although the long term property tax and sales tax revenue would be lower for the mixed use project than an all commercial project. B. FINDING: That the proposed amendment is consistent with the goals, policies and objectives of the General Plan; FACT: The proposed amendment is consistent with the following goals, policies, and objectives of the General Plan: • Land Use Goal LU-2: Balance residential with commercial, business, and public land uses; • Policy L =2,5: Promote land use patterns that support a regional jobs/housing balance; • Action LU-2.5.1: Achieve a balance of mmer ial uses that provides for the retail, business, professional, and other 13 of 30 285/470 service needs of City residents, and that will attract customers from the surrounding region; • Policy W-5.1.: Promote infill, mixed use, and higher density development. ▪ Action L - ,'1, : Identify sites suitable for mixed use development within an existing urban service area and establish appropriate site-specific standards to accommodate the mixed uses. • Action W-5.1.4: Plan for high density residential and mixed use development near commercial areas, major roadways, and transit facilities. • Housing Goal -1: Provide a range of housing types while maintaining the City's overall low density character. • Policy -1:1.: Provide a variety of residential opportunities in the City, including large lot estates, low density single-family homes, medium density townhomes,es, and high density condominiums and apartments. • Action H-1.1.11: Continue to review the City Land Use Plan and available vacant and underutilized sites to identify appropriate sites for housing at varying densities. • Action H-1.1.3.: Encourage multifamily projects of high quality design. • Policy l-1.4: Provide for new housing sites to satisfy requirements f state housing law and consistent with Measure U. • Goal H-5: Promote and encourage housing opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition or family size. • Economic Development Goal ED-I: Promote a diversified economic base, • Policy -I.I# Promote commercial service uses targeted to serve Chino Hills' residents and shoppers from other areas. • Action ED-1,1.2: Encourage uses near the SR-71 Freeway and major commercial arterials that have a positive net fiscal benefit to the City. C. FINDING: That the proposed amendment will not conflict with provisions of the Development Code, subdivision regulations, or any applicable specific plan; FACT: The proposed project complies with or exceeds the minimum development standards for properties designated as Mixed- Use in that the overall project size measures 12.1 acres in area (I-acre minimum required); maintains a proposed density of 4 of 30 286/470 1 12.6 du a (10 duiac minimum required); the maximum proposed building height is 40'-6" (maximum allowable is 42%. 0"); and, the very small lot single-family detached residential units will maintain between 241 square feet and 2,284 square feet of private open space, while the townhomes will maintain a minimum of 70 square feet of private open space distributed through balconies and private front yards (minimum 70 sfdur Further, in compliance with the Mixed Use development standards, common open space elements are integrated throughout the residential component, and highlighted by an improved pedestrian open pace area within the SCE easement area to the north of the project site; common open space elements in the commercial component include outdoor patios, outdoor seating and plaza with water feature to enhance the gathering area. Parking is distributed throughout the site, whereby all residential dwellings provide the Code-required 2-car garage for each dwelling, and provide for required guest parking in driveways and along the private streets; however, there is a 25 space shortage in0 ust spaces for the residential component. The commercial component provides for a total of 115 spaces; however, since it is assumed that half of the proposed square footage i.e. 9,000 square feet) will be available for restaurant food use, there is a 15 space shortage in parking. Thus, in accordance with the Municipal Code, a shared parking p analysis was conducted and concluded that the project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the project's commercial component as well as thep ariag demand of the residential guests. The Planning Commission adopts the findings of the report. D. FINDING: In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties; FACT: The proposed amendment will change the land use policy map for a 12.1-acre area. The subject site abuts a commercial development (i.e., the Soquel Canyon Crossings shopping center) to the immediate west, and there are also single-family residences to the north of the subject site, including a previouslyapprovedg single-family residential tract. The associated development includes two new commercial buildings that are compatible le with the adjacent Soquel Canyon 15 of 30 287/470 Crossings shopping center and will create a more cohesive appearance. Further, the associated development includes a residential townhouse and very small lot single-family residential. Thus, the Mixed-Use land use will provide a transitional zoning and development between the existing commercial uses and the single-family residential uses to the north. Therefore, the changes to the land use policy map from Commercial to Mixed-Use are compatible and consistent with the surrounding properties. E. FINDING: With respect to all applications which seek to increase density for single-family detached residential development projects, including residential developments in the Planned Development district or in a PD development, that a fiscal impact analysis has been prepared as required by the City and paid for by the applicant. Further, this report shall include an analysis of the project's effect on the City's revenues, expenditures, service levels, capital improvement needs and project's ability to generate tax revenue. FACT: GRC Associates, Inc. (GRC) prepared a market and economic analysis (titled "Trumark fomes Mixed-Use Development Marl et Economic Analysis", dated November 12, 2015) for the project to evaluate the fiscal impacts to the City of converting the 12.1-acre site from Commercial to Mixed-Use, and evaluate the fiscal impacts of a total commercial scenario. The analysis found that although the commercial scenario could yield more property and sales tax over a 20 year period, the retail demand at the project site may not be as strong due to its location and nearby competition. A condition of approval has been added to require the developer to pay the difference in property tax as part of the development agreement. GRC also prepared a retail demand analysis (titled "Trumark Project — Retail Demand", dated January 4, 2016), which found that the Project's 18,000 square feet of retail development is supportable and reasonable at the Project site, given the demand for retailp ace in the area. This information is supported by CBRE, the City's economic development consultant that estimates a retail market of about 40,000 additional square feet at the So uel Canyon/Pomona Rincon area, with the ' roect site able to support about 15,000 to p � 20,000 square feet of that retail market. SECTION 4. With regard to thep roval of Zone Change 14ZCO2, based upon oral and written testimony and other evidence received at the public hearing held for this 16 of 30 288/470 item, and upon studies and investigations made by the Planning Commission and on its behalf, the Planning Commission does further find, pursuant to Section 16.62,040 of the Development ent Code and Government Code Section 65853, as follows: A. FINDING: That the proposed zone change is consistent with the goals, policies and objectives of the General Plan; FACT: As indicated in General Plan Amendment Section 3.B above, the proposed zone change is also consistent with the9 oals, policies, and objectives of the General Plan. B. FINDING: That the proposed zone change will not adversely affect surrounding properties; FACT: The proposed zone change will not adversely affect surrounding properties as evidenced in Section 3.D above, in that the Mixed-Use zoning will provide transitional zoning and development between the existing commercial uses and the single-family residential uses to the north. Further, the changes to the zoning map from Commercial to Mixed-Use is compatible and consistent with the surrounding properties., SECTION : With regard to the approval of Tentative Tract Map No. 19904, based upon oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the Planning Commission and on its behalf, the Planning Commission does further find, pursuant to Appendix D, Section 83.04011O(c) of the Chino Hills Municipal Code "CHIC" and Government Code Section 66474, as follows: A. FINDING: The proposed subdivision, together with the provisions for its design and conceptual improvements, is consistent with the General Plan; FACT: The total land area of the project site measures 12.1 acres. The proposed General Plan Amendment and Zone Change will change the General Plan Land Use designation from Commercial to Mixed-Use. The proposed project is consistent with the applicable goals and polices of the land use and housing elements of the Chino Hills General Plan indicated in Section 3.B, the General Plan Amendment section above. The General Plan Amendment furthers the comprehensive planning objectives contained within the General Plan, and results in public benefits, including: fulfilling long-term economic and social goals for the City and the community; increasing the supply and diversity of housing within the City; provides fiscal 17 of 30 289/470 benefits to the City's general fund in terms of increased property tax revenues; provides temporary construction employment within the City; and expands the mixed-use market in the City. B. FINDING: The site is physically suitable for the type and proposed density of the development; FACT: The subject property measures 12.1 acres in area and is sufficient in size to accommodate the proposed flied-use project. The buildings are sufficiently spaced, the project p rovides for open space, outdoor recreational areas for the future tenants, gathering spaces for the commercial component, complies with the applicable setbacks, and has a density of approximately 12.6 units to the acre, all of which comply with the Mixed-use development standards. C. FINDING: The design of the subdivision or the proposed conceptual improverents are not likely to cause substantial environmental damage or substantially r avoidably injure fish or wildlife or their habitat; FACT: An Initial Study was prepared of the project's environmental impacts. project the gill not result in or create any significant impacts, or have less than significant impacts to aesthetics, agriculture and forestry resources, geology/soils, greenhouse gas emissions, hazards/hazardous materials, hydrology/water quality, land use, mineral resources, noise, population and housing, ubli services, recreation; and, utilities. However, the Initial Study identified that the project may create potentially significant impacts to air quality, biological resources, cultural resources, and transportation/traffic, unless mitigated with appropriate measures. Thus, incorporating mitigation measures will result in a less than significant impact such that the project is not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. That the des) n of the subdivision ort a of improvements is . FINDING: � p not likely to cause serious public health problems; FACT: The design of the subdivision and improvements of the Project is not likely to cause serious public health problems as the subdivision has been reviewed by the City and the Chino Valley Independent Fire District and the conditions of approval 18 of 30 290/470 for the Project ensures that the subdivision and improvements meets the standards and intent of the Development Code which is to provide high quality residential development in the community. The IS/MND analyzed hazards and public services f � and concluded that the project would not have a significant impact. Additionally, to ensure that the subdivision and improvements will have a less than significant impact on the environment, mitigation measures were included in the IS/MND and Mitigation Monitoring a ortin Program, prepared in accordance with the California Environmental Quality Act ('CEQA )," the State CEQA Guidelines and the City of Chino Hills Local Procedures for Implementing CEQA as discussed in Section 2 above. E. FINDING: The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access or use of property within the proposed subdivision; FACT: The design of the Project subdivision has considered all easements for the public at large for access or use of the Site. All existing easements on the Site will remain in place and the SCE easement will be used to accommodate a public pedestrian trail system. The improved trail would provide pedestrian linkage for the existing residential communities located to the northeast of the project site, which are currently separated by a drainage wash. Although there is a bridge that crosses said wash, there are no improvements to safely direct pedestrians across the bridge to access the project site. Installation of the trail system will provide a valuable linkage between current and future residential uses with the current and future commercial components, thereby facilitating and encouraging pedestrian access between the communities. Lastly, this area was originally approved to accommodate a trail � when the tracts to the north were approved. The current development proposal provides additional trails to connect the previously eviousl approved tracts with the proposed commercial component of this project. F. DING: The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; FACT: The Project will build in accordance with the new energy code and LEED standards, the project will include solar ready homes, tankless water heaters, prewiring for Hybrid Plugins and electric vehicles, water efficient landscape, and will utilize 9 of 30 291/470 underground detention to reduce urban storm water runoff. Further, thep ect` p r proposes trees and vegetation on site that will provide natural cooling to reduce the effects of urban heat on Site. G. FINDING: The proposed subdivision of land, its design, density and type of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law. FACT: The Theproposed General Plan Amendment and Zone Change will change the General Plan Land Use designation for the 12.1- acre area. The related development provides buildings that are sufficiently spaced, the project provides for open space, outdoor recreational areas for the future tenants, gathering spaces for the commercial component, complies with the applicable setbacks, and has a density of approximately 12.6 units to the acre, all of which comply with the Mixed-use development standards H. FINDING: If the proposed subdivision is a conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project, the Planning Agency must make the additional finding that the proposed subdivision shall comply with the requirements of California Government Code Sections 66427.1(a) and 66452.10 prior to approving the proposed subdivision. . .. . ... .. .. .. . FACT: The Project is not converting residential real property into a condominium project, so this finding is not applicable to this Project. I. FINDING: In the event that the land within a proposed subdivision is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of Chapter 7 of Division 1 of Title 5 of the California Government Code), and the lot areas are less than that required in Subsection 83.040220(a) the Planning Agency must make the following additional findings in order to approve the subdivision. FACT: The Site is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965, so this finding is not applicable to this Project. 20 of 30 292/470 1 J. FINDING: The proposed subdivision is not a land project; or the proposed subdivision is a land project and a specific plan covering the area proposed to be included within the project has been adopted by the Board of Supervisors; and the proposed its together with the provisions for design and improvement are consistent with the adopted specific plan. FACT: The Project is not a `landproject" as it contains less than 50 parcels (per California Business and Professional Code, Division 4: Real Estate, Part2, Chapter 1, Article I Section 11000.5) and no specific plan was adopted for the Site. SECTION 6. With regard to Site Plan Review leo. OSPr03, the proposed project includesg rescinding the Phase 1 b portion of Site Plan Review OSP O3 Approval of Site Plan Review No, O5SPF O3 approved the abutting Soquel Canyon Crossings shopping center, which called for construction of the project in two phases (Phase la and lb). Since only the first phase (phase la) was constructed, and since the second phase (phase I b) was never constructed and is now part of the current Trumark mixed-use proposal, the approval for Phase 1 b of Site Plan Review O5SP O3 is hereby rescinded based on the facts and findings set forth in Section 7 below. SECTION . With regard to the approval of Site Plan Review I4SP O4, based 3 upon oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the Planning Commission and on its behalf, the Planning Commission does further find, pursuant to Section 16.76.060 and Section 16.13.030 of the Development ment Code as follows: A. EJNconsistent with the General f ;r DING:rt That the proposed uses arePlan;� ... .. � FACT: The proposed Project is for the development of a horizontal mixed use development that includes two multi-tenant commercial buildings totaling 18,000 square feet to accommodate retail and restaurant uses and a total of 110 fors sale residential units on a 12.1 acres site. The proposed development is consistent with the General Plan by furthering the goals and polices of the land use and housing elements of the Chino Hills General Plan indicated in Section 3, , the General Plan Amendment section above. The proposed development would further the comprehensive planning objectives contained within the General Plan and will result in public benefits, including: fulfilling long-term economic and ■ social goals for the City and the con munit ; increasing the supply of housing within the City; providing fiscal benefits to the City's0 eneral fund in terms of increased property tax revenues; 21 of 30 293/470 providing temporary construction employment within the City; and expanding mixed-use development in the City. B. FINDING,: That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; FACT: The proposed mixed use development project is located on property that is surrounded by commercial and residential land uses. The Project will not adversely affect surrounding properties as there is existing mmer ial uses to the west and previously roved and existing residential uses to the north and northeast. The development of additional residential units and commercial uses within this setting is an appropriate use for this property as it is consistent with General Plan and Zoning as indicated in above. Therefore, the proposed development would be compatible and consistent with the surrounding roperties and would not adversely affect, or be materially detrimental to these adjacent uses, buildings, or structures. FINDING: That the site for the proposed use is of adequate size and C. � shape to accommodate the use and buildings proposed; FACT: The Project Site is located in an area that is mostly developed with urban uses, including all necessary infrastructures. The Project Site are physically suitable to accommodate the horizontal mixed-use development at the current density of 12.6 dwelling units per acre and meets all applicable Development Code standards, including setbacks, height requirements, lot coverage, and parking as fully detailed in the Planning Commission n staff report for this Project, which are incorporated herein by reference. The Project Site provides adequate interior circulation and parking, setbacks, building separations, landscaping, and, open space and amenities for the residents and the commercial uses. As such, the Site adequately accommodates the proposed use and buildings. D. FINDING.: That thep �r osed use complies with all applicable development standards of the zoning district; FACT: The pr0 osed project complies with or exceeds the minimum development standards for properties designated as Mixed- Use in that the project size measures 12.1 acres in area (1- 22 of 30 294/470 acre minimum required); maintains a proposed density of 12.6 du/ac (10 du/ac minimum required); the maximum proposed building height is 40'-6" (maximum allowable is 42'-0"); and the very small lot single-family residences will maintain between 241 square feet and 2,284 square feet of private open space, while the condominiums will maintain 70 square feet of private open space distributed through balconies and private front yards (minimum 70 sfdu , Further, common open space elements are integrated throughout the residential component, and highlighted by an improved pedestrian open space area within the SCE easement area to the north of thero'ect site; p � , while common open space elements in the commercial component includes outdoor patios, outdoor seating and plaza with water feature to enhance the gathering/seating area. Lastly, parking has been distributed throughout the project site, which includes the required enclosed residentialarkin for p each residence; visitor parking and on-site parking for the commercial component have been provided; and a shared parking analysis has been completed as part of the traffic impact analysis, which has concluded that the Project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the Project's commercial component as well as the parking demand of the residentg uests. E. fINDING: That the proposed use observes the spirit and intent of this Development Code; FACT: The proposal is for a horizontal mixed-use development consisting of approximately 18,000 square feet of commercial uses and 110 residential units in the Mixed Use zoning district. The Project is consistent with the purpose and intent of the Development Code. F. FINDING: The mixed use project incorporates the following elements: walkability and connectivity; inviting and functional public spaces; mix of housing and commercial uses; consistent high quality design and materials; compatibility with adjacent land uses, and environmental sensitivity. FACTS The proposed mixed use development incorporates a trail system that provides connectivity for residents in the area to access the new and existing commercial components. Further, it provides for a functional use of an existing SCE easement that would otherwise be left in an unimproved and unmaintained 23 of 30 295/470 state. The commercial component includes outdoor patios, outdoor seating and plaza with water feature to enhance the gathering area. The proposed project also provides for a mix of housing and commercial uses, including single-family and multi- family famii condominiums along with retail and restaurant uses within the development, which Staff believes are complementary uses in a mixed use project. Lastly, as indicated above, Staff believes that the project is compatible with the surrounding uses and will not adversely affect surrounding properties. G. FINDING: The mixed use project enhances surface parking with strong pedestrian linkages, landscape, and lighting. Any parking structures shall be screened with landscaping and/or architectural features designed to be compatible with the architectural style of the buildings in the mixed use developrhent. FACT: A shared parking analysis was conducted, and concluded the W project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the project's commercial component as well as the parking demand of the resident guests. The surface parking is situated in a manner that facilitates useY both commercial and residential visitors. Further, the proposal calls for landscaping throughout the parking area that exceeds the Development Code's minimum requirements. Lastly, the proposal does not include a parking structure. H. FINDING: The mixed use project complies with the development standards set forth in Section 16.13.040 of this Chapter. FACT: The proposed project complies with or exceeds the minimum development standards for properties designated as Mixed-Use in that the the project size measures 12.1 acres in area (1-acre minimum required); maintains a proposed density of 12.6 duiac (10 dufac minimum required); the maximum proposed building height is 40'-6" (maximum allowable is 42'-0"); and, the very small lot single-family residences will maintain between 241 square feet and 2,284 square feet of private open space, while the condominiums will maintain 70 square feet of private open space distributed through balconies and private front yards (minimum 70 sf du . Further, common open space elements are integrated throughout the residential component, and highlighted an improved pedestrian open space area within 24 of 30 296/470 the SCE easement area to the north of the project site; while common open space elements in the commercial component includes outdoor patios, outdoor seating and plaza with water feature to enhance the gathering/seating area. Lastly, parking has been distributed throughout the project site, which includes the required enclosed residential parking for each residence; visitorp arkin and on-site parking for the commercial component ent have been provided; and a shared parking analysis has been completed as part of the traffic impact analysis, which has concluded that the Project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the Project's commercial component as well as the parking demand of the resident guests. 1. FINDING: The mixed usero'Ject complies with the Mixed Use Guidelines specified in Section 16.13.050. Mixed use projects shall provide unique contributions to the surrounding community through enhanced architectural treatments and designs incorporated throughout the residential 0 � and commercial components, dynamic and inviting public spaces, and distinctive commercial uses that expand the dining, shopping, and entertainment opportunities available to the community. FACT: The proposed architectural design of the commercial component of the mixed use project will be consistent with the architecture of the abutting S que1 Canyon Crossings shopping center, thereby blending the sites and creating the appearance of a cohesive development. Further, the architectural style will also be used in the proposed multi-family condominium buildings that also abut the Soquel Canyon Crossings shopping center, which creates stronger cohesiveness. The proposed single familyresidential buildings will incorporate similar 00 architectural style and will include finish elements, such as smooth stucco façade treatments, tile roof materials and varied elevation planes to reduce the bulk of structures. Since these are finishes and elements that will be found throughout the mixed use development, and are existing finishes and elements that are currently found in the adjacent commercial and residential uses, thero osed mixed use project will be p p compatible with the abutting developments and the immediate vicinity. 25 of 30 297/470 Further, the commercial component includes outdoor patios, outdoor seating and plaza with water feature to enhance the gathering/seating area experience and create a welcoming environment. The proposed buildings will be designed to accommodate retail and restaurant/dining uses. As concluded in the market analysis, the highest and best use for the vacant project site is the proposed mixed-use development project. The project allows for a broader range of commercial and residential uses for the site, which results in the allowance of the site to provide for greater commercial services and housing options to the greater community. Thus, the proposed project complies with the intent of this guideline. J. FINDING: Projects shall follow the overall intent of the architectural design, site planning, and other guidelines and standards identified in Chapter 16.06, Chapter 10.08, Chapter 16.09, Sections 16.10.040 and 16.10.050, and Chapter 16.34 of this Development Code. While the overall intent of the aforementioned guidelines and standards shall be followed, compliance with any one specific guideline, or every single guideline, is not mandated for Mixed Use Projects. FACT: As indicated above, the proposed mixed use project incorporates architectural styles, elements, and features that are found within the immediate area. Further, the commercial ial component of the mixed use project will be consistent with the architecture of the abutting Sore& Canyon Crossings shopping center, thereby blending the sites and creating an aesthetically cohesive development. Thus, the project follows the overall intent and guidelines in Chapter 16.06, 16.09, and Sections 16.10,040 and 16.10.050. Further, there is an existing reciprocal parking agreement with the abutting S que/ Canyon Crossings shopping center. Further, although the mixed use project does not provide the minimum residential and commercial visitor parking, a shared parking analysis was conducted as allowed by the City's Development Code. The shared parking analysis concluded that the project's proposed parking supply for the retail center and resident guests is sufficient to accommodate the proposed mix of retail and restaurant uses of the project's commercial component as well as the parking demand of the resident guests. Thus, the project follows the overall intent and guidelines in Chapter 16.34. Lastly, since the project is not a 26 of 30 298/470 hillside development, Cha ter 16.08 is not applicable. K. FINDING: Mixed use projects shall feature 360 degrees of architectural treatment and enhancement; the residential and commercial components shall be architecturally integrated, featuring the same architectural theme, key design features, colors and materials, and other major architectural elements. FACT: Since the mixed use project will be visible from along Soquel Canyon Parkway along the south, the abutting shopping center along the west, trail uses along the north and from within the community to east, the buildings feature 360 degrees of architectural treatments and enhancements. There are no blanks elevations and the walls include varying elevation planes, roof elements and features to enhance the appearance of the buildings from all angles. Further, the proposed mixed use project incorporates architectural styles, elements, and features that are found within the immediate area. Furthermore, the commercial component of the mixed use project will be consistent with the architecture of the abutting Soquel Canyon Crossings shopping center, thereby blending the sites and creating an aesthetically cohesive development. As such, the proposedro'Ject complies with the intent of this guideline. L. FINDING: Projects shall incorporate common open space elements providing public gathering spaces featuring amenities such as shade structures, water features, seating areas, enhanced lighting and landscaping, wireless Internet access, and other features that enhance the quality of the open space for public use. These gathering spaces should create dynamic and appealing atmospheres to attract residents from the mixed use development and the community into the open space areas and commercial component of the project. FACT: The common open space elements in the commercial component include outdoor patios, outdoor seating and plaza with water feature to enhance the gathering area. The Section also indicates that the design be compatible with the architectural M. FINDING: Enhanced paving, landscaping, and lighting shall be used to encourage pedestrian circulation throughout the development. Pedestrianathw s and linkages between the commercial and P � residential components shall be designed and located to facilitate and encourage pedestrian access between the 27of30 299/470 communities. FACT: The proposed mixed use development incorporates a trail system that provides connectivity for residents in the area to access the new and existing (Bogue/ Canyon Crossings) commercial components. Further, it provides for a functional use of an existing SCE easement that would otherwise be left in an unimproved and unmaintained state. The improved trail would also provide pedestrian linkage for the existing residential communities located to the northeast of the project site, which are currently separated by a drainage wash. Although there is a bridge that crosses said wash, there are no improvements to safely direct pedestrians across the bridge to access the project site. Installation of the trail system will provide a valuable linkage between current and future residential uses with the current and future commercial components, thereby facilitating and encouraging pedestrian access between the communities. N. FINDING: Enhanced paving, landscaping, and lighting shall be used Mixed use projects shall demonstrate an increased degree of environmental sensitivity. Projects shall be designed to achieve energy and water efficiency above that required by the Building Code. Energyefficiencytechniques may include green building, � Leadership in Energy and Environmental Design (LEED) standards, solar energy, or other available energy efficient systems s r programs. } FACT: The proposed mixed use project demonstrates an increase degree of environmental sensitivity. According to the applicant, not only will the developer build in accordance with the new energy code and LEED standards, the project will include solar ready homes, tankless water heaters, prewiring for Hybrid Plugins and electric vehicles, water efficient landscape, and will utilize underground detention to reduce urban storm water runof. As such, Staff believes that the proposed project meets the intent of this guideline. SECTION 8. The Planning Commission of the City of Chino Hills does hereby recommend that the City Council of the City of Chino Hills adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program under the California Environmental Quality Act and approve General Plan Amendment 14GPA02, Zone Change 14ZD 2, Tentative Tract Map 19904, Site Plan Review I4SPR04, subject to the conditions of approval and mitigation measures attached as Exhibit "A" to this Resolution and incorporated into this Resolution by this reference and approve the Development Agreement. 28 of 30 300/470 SECTION 10. The Planning Commission Secretary shall certify as to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 19th day of January, 2016. GARYLARSON, CHAIRMAN ATTEST: KAREN PULVERS S PLANNING COMMISSION SECRETARY APPROVED AS TO FORM: ELIZABETH M. CALCIANO ASSISTANT CITY ATTORNEY 29 of 30 301/470 STATE OF CALIFORNIA COUNTY OF SAN BRNA INO ss. CITY OF CHINO HILLS I, Karen Pulvers, Planning Commission Secretary of the City of Chino Hills, do hereby certify that the foregoing Resolution No. PC 2016-, was duly passed and adopted at a regular meeting of the Chino Hills Planning Commission held on the 19th day of January, 2016, by the following roll call vote, to wit: AYES: COMMISSION MEMBERS: NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: } KAREN L Fps PLANNING COMMISSION SECRETARY 30 of 30 302/470 Trum(rnik 11 Ames Mixed-Use Developfriaordrilc) ahlurkeVEconOklaic Analysis For the City of Chino Hills November 12, 2015 GRC Associates, Inc. • r858 S Oak Park Road, Suite 280 Covina, CA 91724 associates EXP Ta le of Contents Introduction!i........ ami#mI*w..**111#111 SIi#!!!***iii#!!*III!!!!!•*!*Miif••.* 1 Purpose of the Study Project Developer and Location Proposed Project Description Alternative Project Analysis—Total Commercial Use Approach Projectt Market Study■ifl Iii###!**Mii#i!!***iai■■*tl�i!!i■■ * Iii■■i!**�aliii1 Proposed Residential Component Proposed Commercial Component Conclusion 1 0 i Fiscal Impact Analysis !!l. #1111■t* aiiiilIlii##!!*# lfiiii■llFiiiiiallilaiii■ Methodology and Assumptions 11 One-Time Revenues 12 On-Going Revenues 12 Expenditures 17 nt. Highest and Best Use ! M#iE#i*** iii#* *4aiiililii#!i**##i#aaiif *!#calif##• Estimated Project Vlu do (Mixed-Use) 19 Estimated Project Valuation (All Commercial)i APPENDIX Properties Available for Lease and Sale Draft Tr murk Homes Mixed-Use Development—Morket/Economic Market/EconomicAnalysis j City of Chino Hills 304/470 List of Tables 1. Single Family Home Sales (2015) End of Report . Condominium Home Sales (2015) Eof Report . Single-Family Housing Demand--5 Miles End of Report 4. Single-Family Housing Demand-10 Miles End of Report 5. Planned Housing Projects, City of Chino Hills End of Report . Retail Stores Opportunity End of Report 7. Taxable Sales, CA,San Bernardino County, Chino Hills 2013t End of Report . Development Impact Fees 13 9. Assessed Property Value of the Project Site—Proposed Project (2015 Dollars) 15 10. Assessed Property Value of the Project Site-Total Commercial Scenario (2015 Dollars) 16 11. Potential impact of Project on General Fund Expenditures (2015 Dollars) 18 List of Figures 1. Project Site Location 2. Project Site i . Photos of the Project Site 4. Project Components Draft Tr mark Homes Mixed-Use Development-Market/EconomicAnalysis City of Chino Hills 305/470 ' introductionTrumark Homes Mixed-Use Development Market/Economic Analysis • L Purpose of the Study GRC Associates, Inc. ("GRC") has prepared a market and economic analysis of the proposed Trumark Homes Mixed-Use Development ("project"), which consists of rezoning a 12.1-acre vacant site in the City of Chino Hills("City") from commercial to mixed-use, and construction of 110 for-sale residential units and 18,000 square feet of retail uses. The main focus of this study is to help the City evaluate the opportunities and benefits of developing the project site as proposed by the project (a mixed-use development consisting of residential and commercial ial uses) or as only a commercial development, per the existing General Plan. This study will help determine whether or not the proposed project is economically viable in the current market and is beneficial to the City in terms of municipal revenues. It also analyzes the level demand for residential and commercial uses, and determines the highest and best use of the undeveloped project site based on current economic conditi0ns. Project Developer and Location Trumark Homes, which has its headquarter office in Danville, California, is the developer of the proposed 12.1-acre, mixed-use project. The project site is located in the eastern section i of Chino Hills, approximately one-quarter mile west of the Chino Valley Freeway (State Route-71), on the north side of Soquel Canyon Parkway. Figure 1, shows the location of the project site from a citywide perspective, Figure 2 is an aerial map of the project site, and Figure 3 includes photos of the project site. The project site consists of one complete parcel (San Bernardino County Assessor Parcel No. 1028-351-41) and portions of two parcels(APNs 1028-351-18 and 1028-351-30). The project site is located near the northeast corner Soquel Canyon Parkway and Los Serranos Country Club Drive. The site is bordered by Tentative Tract Map (TTM) 17653 and existing residential units to the north, TTM 17654 to the northeast, State Route 71 to the east, Soquel Canyon Parkway to the south and Soquel Canyon Crossings shopping center to the west. The existing Soquel Canyon Crossings shopping center includes restaurants, a bank, a grocery store, retail shops, and medical offices; Undeveloped, vacant lots exist across Soquel Canyon Parkway from the project site, between Los Serranos Country Club Drive and State Route 71. Other nearby uses include a concrete drainage channel that collects storm water from surrounding developments. Across the street, on the southern section, there is a large vacant site that is also planned for development as a mixed-use project("Santa Barbara" project). 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'' ' _.7,1E.1..B.• q - - ••. n, -• ....,,„ -,• ' I. . ..,E. .. 1 ,; ._,..., —.'.— -. +- ...,..— -- 111E I a Trumark Homes Mixed-Use Development Figure 3 Market/Economic Analysis Photos of the Project Site . , .: _. - • Trumark Homes Mixed-Use Development—Market/Economic Analysis I City of Chino Hills 309/470 Proposed Project Description As illustrated in the conceptual drawing of the project master plan in Figure 4, the proposed project includes a residential component and a commercial component. To accommodate the proposed development, the project includes a General Plan Amendment (GPA) and Zone Change to change the Land Use and Zoning designati0ns from Commercial to Mixed-Use. • Residential. The residential component of the project, as shown in Figure 4, consists of a 110 for-sale residential dwelling units (42 attached townhomes and 68 small lot detached single-family residences) on 8.71 acres of the site. Development of the units would result in a residential density of 12.6 units per acre. Proposed single-family residences would be two stories in height, while the townhomes would be three stories in height. • Commercial Component. The commercial component, as depicted in Figure 4, consists of two multi-tenant buildings with a total floor area of approximately 18,000 square feet (sf). The commercial component is located in the southern portion of the project site and totals 1.79 acres (15% of the project site). This represents a floor area ratio (FAR) of 0.23. The commercial component of the project consists of two one-story buildings: • Building A: 6,000 sf comprised of 1,200 sf of retail and 4,800 sf of restaurant/food use. • Building : 12,000 sf comprised of 7,800 sf of retail and 4,200 sf of restaurant/food use. Overall building square footage dedicated to food and retail uses are to remain constant, but location within buildings may change based on market conditions, according to the developer. The developer's overall project is to include the construction of two previously approved Tentative Tract Maps consisting of 39 single-family detached units (TTM 17653 for 27 single- family units to the northwest of the project site, and TTM 17654 for 12 single-family units to the north of the project site). The developer would complete these housing developments concurrently with the proposed mixed use project. These two TTMs were approved in 2006, and are considered in the cumulative analysis by the City. The northwestern boundary of the project site includes a Southern California Edison (SCE) Right of Way that is approximately seven acres in area, measuring 150 feet wide by over 2,000 feet long. Development within the easement is prohibited, with the exception of landscaping, pedestrian paths/trails, and access roads for SCE vehicles and equipment. Due to these restrictions, the developer is proposing significant improvements within the easement area,which includes a large walking path along the vehicular access road that will be constructed with decomposed granite. This path would include several pedestrian nodes and connection points that provide increased pedestrian access to existing development located west of the flood control channel as well as existing commercial development along Los Serranos Country Club Drive and Sequel Canyon Parkway. Trumark Homes Mixed-Use Development—Market/Economic Market/EconomicAnalysis City of Chino Hills 310/470 The pedestrian spine will include additional minor nodes that connect to the proposed residential development along the north and south boundaries of the easement. These connections would further enhance the residents' ability to utilize this open space amenity and encourage walkability and pedestrian access within the vicinity of the project. The landscaping will include low, drought tolerant shrubs, and varying colors of decomposed granite. The project site is currently designated as a Commercial land use in the City's General Plan, with a corresponding zoning of General Commercial. Project approval will require a General Plan Amendment and a Zone Change to Mixed-Use. Rezoning the property to Mixed Use requires a simultaneous transfer of units consistent with Measure U to ensure that the proposed 110 residential unit development will not increase the overall density in the City. [Measure U (Ordinance No. 123) was approved by a vote of Chino Hills residents in November 1999. Measure U prohibits an increase in residential density except under the following circumstances: (1) approval by a majority vote of Chino Hills residents; (2) as necessary to meet the City's minimum mandated Housing Element requirements as set forth in California Government Code §65580, et seq.; or (3) through a simultaneous transfer of zoning designations, provided that the net effect g of the transfer does not increase the total number of residential units allowed on the properties erties in the transfer, including, without limitation, the City's share of regional housing needs.} Alternative Project Analysis — Total Commercial Use The City also intends to examine the potential benefits of a total commercial alternative scenario, where the total 12.1-acre project site would be planned for commercial uses. Thus, the totalp reject site under this scenario would be proposed for commercial building space, which would be consistent with the General Plan and zoning designations. For the purposes of this analysis, buildout would include 120,000 square feet of commercial space. Approach To assess the economic and financial characteristics and feasibility of the project and its components, GRC made several visits to the site and its immediate vicinity, reviewed project information provided by the City, collected and analyzed recent data from the U.S. Census, D.S. Bureau of Labor Statistics, Department of Finance (DOF), the Southern California Association ofGovernments (SCAG), Nielsen Claritas, Economic Development Department (EDD), Department of Finance and City information material, as well as contacted various City and agency staff. Trumork Homes Mixed-Use Development—Market/Economic Analysis 1 City of Chino Hifi. 311/470 . _ . 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Itin,MPS Ilit 1 1111111,11.441R4r11,114%,Itigi, FA,17,1146,1111%.in*...c i.11 1.74x14. 11 1.1..*L) - l' r"11"11 Project Site Trumark Homes Mixed-Use Development Figure 4 [ Market/Economic Analysis , Project Components _ . _ • • - _,, Trumark Homes Mixed-Use Development-Market/Economic Analysis City of Chino Hills i 312/470 Project FV1arcet Study Proposed Residential Component The residential component of the project consists of 110 for-sale single family units on 8.71 acres of the project site located at the northern and eastern portion of the project site, as shown in Figure 4. In order to assess whether or not there is demand for a residential project, GRC reviewed current market conditions and socioeconomic factors. In general,the housing market in Chino Hills is very good. Table 1,which is at the end of the report, shows recent single family housing sales and Table 2 shows condominium sales. Single family housing units this year in Chino Hills have sold mostly in the $500,000 to $700,000 price range. The sale price of condominiums, on the other hand, have mostly been in the$300,000 to low$400,000 range. Key economic indicators are showing that the economy has strengthened and will most likely continue to stay positive. The good local economy will positively affect the housing market,with some of the key economic figures as follows: • Unemployment Rate. The unemployment rate in the Riverside-San Bernardino- Ontario MSA was 6.8 percent in August 2015, down from a high of 14.2 percent in October 2009. ■ Key Industry/Employers. E--commerce is forecast to increase dramatically in the near future. Currently, about seven percent of retail revenue is related to e- commerce, though, it is expected to increase eventually to 35 percent. Amazon and Macy's have recently expanded their operations in the Inland Empire. • Jobs. The Inland Empire region had a low of 1.14 million jobs in February 2010 and now has a record 1.31 million jobs. • Housing Construction Trends. Due to the recession, demand for new homes decreased significantly. However, because of the significant recent increase in jobs, there is a strong demand for housing relative to limited supply. For this key reason, there is increased permit activity for the development of housing units (single- family, condominiums and apartments) and there is an upward trend in construction. In general, given the current demand for single-family and condominium housing, it is anticipated that the new demand of for-sale housing will exceed the supply of new housing units. Housing demand analysis was completed within the vicinity of the project. Tables and 4 show the demand for housing units within five- and ten-mile radii of the project site. Within the five-mile radius, there is demand for approximately 660 units over the next five years. Within a secondary market trade area of 10 miles — a reasonable distance from the project site to purchase a home — the demand for units is estimated at approximately 4,700 units over the next five years. Given that Chino Hills is one of the preferred cities in the Inland Empire, it is reasonable to believe that the project would attract home owners from areas farther than five miles. The advantages that Chino Hills has are many, and some of which include good schools, recreational facilities, shopping variety, close proximity to Trumark Homes Mixed-Use e elo ment–Market/Economic Analysis City of Chino Hills 8 313/470 employment centers and very safe neighborhoods, which makes for an attractive family- oriented environment. In addition, the City's adopted 2014-2021 Housing Element, which is part of the General Plan, addresses how the City will accommodate its share of the regional housing needs. According to the SLAG Regional Housing Needs Assessment, the City of Chino Hills must accommodate 862 new dwelling units during the 2014-2021 planning period. Of the 862 total units, 164 units are in the moderate-income group and 333 units are in the above moderate-income gr0up. Together they represent 58.6 percent of the total housing needs of the City during the 2014-2021 period. As for the supply of new apartment housing, the City has various housing projects in the planning/construction stages. As shown in Table 5, there are 763 for-sale units and 1,324 rental units planned in the City as of September 2015. Given the demand for single family, for sale units within the 10-mile radius, the existing supply (including planned units) will not be sufficient t0 meet the demand. In summary, based on current and projected market figures, there is sufficient demand t0 support the residential component of the project. Proposed Commercial Component The commercial omponent of the proposed project consists of 18,000 building square feet of retail space on 1.79 acres in the southeastern portion of the project site. The commercial space is planned in tw0 buildings that w0uld include a mix of retail and restaurant/food p uses. In order to assess whether or not there is demand for the commercial component, GRC completed various analyses. The first analysis consisted of reviewing data prepared by the Nielsen Company (a nati0nal demographic/retail research firm) for the proposed site. A summary of the retail demand and supply report is shown in Table 6. The Nielsen Company showed that there were significant retail opportunities within three miles of the proposed project site. N is n's retail data is derived from two major sources of information. The demand data is derived from the Consumer Expenditure Survey (CE Survey, or CEX),which is fielded by the U.S. Bureau of Labor Statistics (BLS). The supply data is derived from the Census of Retail Trade (ORT),which is made available by the U.S. Census. Additional data sources are incorporated t0 create both supply and demand estimates. The difference between demand and supply represents the opportunity gap or surplus available for each merchandise line/retail store type in the specified reporting geography. When this difference is positive (demand is greater than the supply), there is an opportunity gap for that merchandise line/retail store type; when the difference is negative (supply is greater than demand),there is a surplus. For retail facilities of the size and type planned in the project, a three mile radius was deemed reasonable. Some of the key retail categories that are being considered for the project and that have opportunities include general merchandise stores, clothing stores, full service restaurants and furniture stores. Trumork Homes Mixed-Use Development—Market Economic Analysis I City of h no Hills 314/470 In addition, RC also calculated retail sales leakage figures for the City of Chino Hills. Retail sales leakage happens when members of a community or city spend money outside that community or city on goods and services that could have been spent within their community or city. (Please see Table 7 for retail sales leakage figures.) The latest data providedby the State Board of Equalization was for 2013. In 2013, the taxable per capita expenditures in California was$10,545. In San Bernardino County, the per capita figure was almost the same at $10,159. However, when the comparable per capita figure was reviewed for the City of Chino Hills, the taxable, per capita expenditures was $7,251—or almost$3,000 less than the County figure. In essence, Chino Hills residents were spending about $3,000 in taxable retail sales outside the city, on a per capita basis. Adding retail facilities would helpkeepsome of the retail sales that are being spent outside Chino Hills within the city. Additionally, it would be more convenient for Chino Hills residents to buy goods and services within their community. Conclusion Given the current market for housing and retail space, the economic trends and a review of the Chino Hills housing and retail markets, it is reasonable to assume that sufficient demand exists for the new housing units and retail space under the proposed mixed-use project. Tr mark Homes Mixed-Use Development–Market nomicAnalysis City of Nino Hills 10 315/470 !IL Fiscal impact I1nayss This section of the study analyzes the proposed project's net fiscal impact on the City of Chino Hills and its general fund. It estimates the direct fiscal revenues and costs on the City upon completion of 110 residential units and 18,000 square feet of commercial uses of the project. in addition, it examines the alternative total commercial mercial de elopment, which includes 120,000 square feet of retail commercial uses on the project site. Methodology and Assumptions The project's fiscal impacts are based on the assumption that the project will generate an estimated 355 new residents and 36 new jobs in the City. The projected number of new residents is calculated based on buildout of the 110 units and DOF's 2015 estimate of the average persons per dwelling unit of 3.23 for the City of Chino Hills. New jobs are based on a generation factor of 500 square feet of retail commercial use per employee. The fiscal impact analysis estimates both one-time revenues and on-going revenues. One- time revenues are based on the City's planning and development fee schedule and includes fees associated with planning review, utility fees, developer fees, building permits fees, etc. It also includes the City's Affordable Housing In-Lieu Fee Program, which requires new residential developers to pay an inclusionary housing fee in the amount of $1 per square foot of livable space for each residential unit, not to exceed $3,500 for a new single family unit. On-going revenues are based on the property taxes from the new assessed property value upon buildout of thep roject's residential and retail commercial mercial components. The property value is assessed by the San Bernardino County Assessor and taxed at one percent of the assessed value. The City's portion of the tax revenue is based on the project site's Tax Rate Area (TRA). In addition, sales tax revenues generated by the 18,000 square feet of retail commercial development is also calculated. Recurring costs are calculated according to the per capita costs from the City's FY 2015/2016 adopted budget, with the exception of police services, which is provided by the San Bernardino County Sheriff's Department. GRC contacted the Sheriff's Department to discuss the potential fiscal impacts of the project and the alternative project scenario. Sources. The cost is based on information from: • City of Chino Hills Adopted Budget Fiscal Year 2015/2016 • City of Chino Hills 2015 Community Development Fee/Deposit Schedule and the recently adopted Master Fee Schedule (effective October 1, 2015) • City of Chino Hills 2014-2021 Housing Element Update • California Department of Finance 2015 population estimates • Discussions with key City staff and San Bernardino Sheriff's Department Trumork Homes Mixed-Use Development—Market/Economic Analysis City of Chino Hills 11 316/470 Assumptions.ns. The following assumptions were used in the analysis: ▪ Dollar amounts are calculated in current (2015) dollars, with no adjustment for future inflation. ▪ Project revenue and cost projections are based upon full occupancy of the residential and commercial components during the first year of project completion. ▪ Total uses under the Alternative scenario is retail commercial (one-third restaurants and two-thirds retail). One-Time Revenues es The ro osed project would generate revenues from planning and development fees,which p aregenerally paid when the developer obtains a building permit and prior to project construction. As presented in Table 8, total one-time revenues are estimated at approximately$3.58 million for the proposed project and $688,000 for the alternative total commercial scenario. The residential component of the project alone represents approximately$3.48 million or 97 percent of the total fees. Of the various fees, the highest is the existing infrastructure fee that totals approximately $1.30 million ($11,450 per residential unit and $2,290 per 1,000 square feet of commercial space). In comparison, the existing infrastructure fee is estimated at$274,800 for the alternative scenario. On-Going Revenues Property Tax. The current assessed value of the project site, which includes three parcels (APNs 1028-351-18, 1028-351-30, and 1028-351-41) total $65,326. Since the land is vacant, it represents only land value and no improvement value. The City's General Fund property tax allocation is based on Assessor TAs 24028 and 24080. Typically, property tax revenues for the City General Fund are projected as total assessed value times the basic one percent ad valorem tax times the General Fund allocation, which in this case is 3.9 percent for both TRAs. However, in 1986, an agreement between the County of San Bernardino and the landowner of the project site was made to designate the land as a special assessment district (Chino Hills Assessment District No. 85-1). This agreement allowed the deferral of all or part of the annual assessment tax roll collection of the landowner. The agreement also states that If the landowner enters into an agreement and/or transaction with any party where the landowner benefits from another use of the property other than agricultural use, or if building permits are issued for any structure to be located on the property, and the structure will not be the owner's principal residence or used for agricultural purposes, the landowner is required to pay all deferred assessments, plus interest. With the approval of this project, the landowner is required to pay for past tax deferred payments to the City in the amount of approximately $1.59 million on a one- time basis. Trumark ores Mixed-Use Development—Market/Economic Analysis City of Chino Hills 12 317/470 Table 8 Development Impact Fees Project Alternative Total Retail Retail Commercial Residential Commercial Scenario Fee Rates Component Component -. Total Building A: 1,200 SF Retail 4,800 SF Rest./food Building 8: 7,800 SF Retail Project Buildout 110 units 4,200 5F Rest/food 1 Traffic Facilities $226/DU $24,860 --- $24 860 , __ $6,348/DU Water Facilities $20,312/Bidg.1 $698,280 $40,624 $738,904 $264,056 Sewer Facilities $457/DU,TBD $50,270 NA $50,270 1 -- $1,248/DU I i Storm Drain Facilities $861/1000 SF $137,289 $15,498 $152,778 $103,320 General City Facilities $1,791/DU $197,010 -- $197,010 -- $11,450/DU Existing Infrastructure $2,290/1000 SF $1,259,500 $41,220 $1,300,720 $274,800 Parks/Quimby $3,289/DU $361,790 -- $361,790 1 1 i $1/SF not to Affordable Hsg. In- exceed I Lieu2 $3,500/DU) $152,808 -- $152,808 Special Tax"A" $4,522.25/DU 1 $497 448 , -- $497,448 - $33o/Du Water $500/Building' $36,300 $1,000 37,300 $6,500 Tentative Tract Map $20,140/project $20,140 $20,140 $20,140 Building Permit $2,000+$50/lot 1 $5,600 $5,600 $2,300 Design Review-Tract $12,084/project $12,084 $12,084 $12,084 Landscaping Plan Check $5,273/project $5,273 $5,273 $5,273 Zoning Map Change I $12,890/project $12,890 1 $12,890 = General Plan 1 1 Amendment $12,890/project I $12,890 i $12,890 Estimated Total $3,484,423 $98,342 r$3,582,765 $688,473 -- Source:City of Chino Hills Master Schedule of Fees(Effective October 1,2015) 12"nieter per building Trumark Homes Mixed-Use Development-Market/Economic Analysis 1 City of Chino/l//Is 318/470 There is however, Agreement 2000-77 regarding property tax sharing between the County of San Bernardino and the City of Chino. This agreement, which was originally signed in 2000 and subsequently amended in 2004 and 2006, impacts two of the three parcels comprising the pr0ject site parcels. These two parcels include APNs 1028-351-18 and 1028- 351-30. The third parcel (APN 1028-351-41), is not included in this agreement. Agreement 2000-77, as amended, allows the City to receive all of the County's allocation of 14.5 percent for development improvements on specified commercial and industrial zoned property. This Agreement specifically states that "...in the event that any of the Specified Properties becomes classified as a type of property other than commercial or industrial, or is no longer located in the City, then such property shall no longer be considered Specified Property." Since this project proposes a Zone Change to a Mixed-Use designation — the rezoning to something other than commercial or industrial --would mean the property is no longer a Specified Property eligible for the different tax sharing arrangement. Therefore, the annual property tax allocation rate for the project parcels, including the two parcels identified in Agreement 2000-77, as amended, would be 3.9 percent to the City. The annual property taxes revenue to the City's General Fund, based on a 3.9 percent allocation of the one percent levy from the project site's assessed property value of approximately $02.65 million ($4.65 million of the commercial component and $58.00 milli0n for the residential component) is estimated at $24,432. Table 9 presents the assessed property values ofthe project site. In comparison, the estimated annual property tax revenue t0 the General Fund under the total commercial scenario is estimated at $33,929. This property tax revenue projection is based on a total assessed property value of$30.94 million, as presented in Table 10. This scenario would not require a Zone Change and, therefore, w0uld be eligible for the tax sharing arrangement under Agreement 2000-77, as amended. This assumes a 3.9 percent allocation of the one percent levy from the one parcel (one-third of the project site's assessed improvement value) and 14.5 percent allocation of the one percent levy from the other two parcels considered Specified Property under Agreement 2000-77, as amended. One parcel (one-third of assessed value) at 3.9 percent: $4,022 Two parcels (two-third of assessed value) at 14.5 percent: $29,906 Total annual property tax revenues to General Fund: $33,929 In summary, the project's annual property tax revenue to the City's General Fund is lower by approximately $9,500 in comparison to revenues under the total commercial use scenari0. There are two options the City can take to either compensate for the lower property tax revenues from the proposed project relative to the total commercial use scenario or to increase the proposed project's property tax revenues. II Option 1: Add the loss in property tax revenue to the developer's payment in the development agreement; or Option 2: Amend Agreement 2000-77 to account for Mixed-Use zones. Trumark Homes Mixed-Use Development—Market/Economic Analysis City of ` ino Hilis 14 319/470 Table 9 Assessed Property Value of the Project Site --Proposed Project (2015 Dollars) Residential Component No. Units or SF Base Price Property Sales Value Townhouses 42 units I $450,000I $18,900,000 Single Family Detached 68 units $575,000 $39,100,000 Estimated Value-Residential 110 units $58,000,000 'Commercial Component Assumption Value Building Space 18,000 SF Rent Rate $1.75 SF Monthly Rent $31,500 Annual Rent $378,000 Vacancy/Collection 10% ($37,800) Effective Gross Rent $340,200 Property Management 5% ($17,010) Insurance $0.35 ($6,300) Property Tax 1% ($46,000) Maintenance $0.35 ($6,300) Reserves $0.50 ($9,000) Total Expenses ($84,610) Net Annual Income $255,590 Capitalization Rate 5.5% Estimated Value-Commercial $4,647,091 Total Estimated Project Value $62,647,091 Source:GRCAssociates,Inc. Trumark Homes Mixed-Use Development—Market/Economic Analysis I City of China Hills 15 320/470 Table 10 Assessed Property Value of the Project Site --Total Commercial Scenario (2015 Dollars) Commercial Component Assu ion 4111. Value Building Space 120 000 SF Rent Rate $1.75 SF Monthly Rent $210,000 • Annual Rent $2,520,000 Vacancy/Collection 10% ($252,000) Effective Gross Rent $2,268,000 Property Management 5% ($113,400) Insurance $0.35 ($42,000) Property Tax 1% ($309,000) Maintenance $0.35 ($42,000) Reserves $0.50 ($60,000) Total Expenses I ($565,400) Net Annual Income $1,701,600 Capitalization Rate 5.5% Total Estimated Value $30,938,182 Source:GRC Associates, Inc. Retail Sales -- On-Site. Development of 18,000 square feet of commercial uses (assumes 50% restaurant and 50% retail) will generate on-site taxable sales from purchases made at the retail establishments. Based on an assumed annual taxable sales per gross square foot of $400 for restaurants and $200 for retail uses', annual sales revenues is estimated at approximately $5.4 million. The City receives one percent of the taxable sales of most goods, or$54,000 in sales revenues directly attributable to the project. In comparison, assuming one-third of the development of the alternative total commercial scenario in restaurants and two-third retail, the annual taxable sales is estimated at approximately $28.0 million. Assuming the same taxable sales per gross square foot densities and rates, the annual sales tax revenues to the City is estimated at$280,000. Retail Sales -- Off-Site. Sales tax revenues to the City are estimated based on retail purchases made by current San Bernardino County residents. According to the California State Board of Equalization, San Bernardino County's average taxable retail sales per capita were $14,300 in 2012. Based on this countywide average, the 355 new residents of the 1 The Hdi.Companies,2007 Retail Store Taxable Sales Estimates Trumark Homes Mixed-Use Development—Market/Economic Analysis ' City of Chino Hills 16 321/470 project are estimated togenerate approximately $5.08 million oftaxable retail sales. Since '� it is unlikely that all of the taxable sales will occur in Chino Hills due to retail leakage to shopping in centers in other cities and counties, it is reasonable to assume that 50 percent of total sales will occur in the City. Therefore, the City's sales tax revenue, which represents one percent of taxable sales, totals approximately$25,400 annually. Expenditures According to the City's adopted budget for FY 2015/16, the total expenditure from the General Fund is approximately $38.3 million. This includes Legislative, City Manager, Engineering, Finance and Public Works departments, transfer out costs, and obligation/subsidy to Landscape and Lighting District . Of the various items, Public Safety under the City Manager's department accounts for the largest cost at approximately$12.06 million, almost one-third (31%) of the total General Fund budget. GRC contacted the San Bernardino Sheriff's Department and, after discussions about the project, the Sheriff's Department indicated that development of the project and the alternative land use scenario would not require additional police services and would not affect costs. Therefore, no fiscal impacts on police services are anticipated with the project. Asp resented in Table 11, costs associated with the development of the project results in minor additional costs to various City departments. The per capita expenditure multipliers were used to estimate the additional fiscal cost impact of the project. Buildout of the proposed project could add 355 new residents to the City. By applying the per capita expenditure multiplier to each department budget, minus the Public Safety cost in the City Manager's budget, the overall impact on the General Fund expenditures is approximately $82,700. However, under the proposed project, the estimated annual General Fund expenditures would be offset by the annual revenues generated by the property tax and the sales tax. . Tr mark Homes Mixed-Use Development—Market/Economic Analysis f City of ` ino Hills 17 322/470 Table 11 Potential Impact of Project on General Fund Expenditures (2015 Dollars) 201542016 84,dgeti: Per Capita POI* Legislative $1,735,700 $23 $8,102 City Manager' $16,548,200 $59 $20,955 _ Community Service $- Engineering $1,824,600$1,824,600 $24 $8,517 Finance $5,434,100 $71 $25,365 Public Works $4,234,000 $56 $19,763 Transfer Out3 $7,709,800 Obligation/Subsidy Landscape and Lighting District 780,400 Total $38,266,800 $82,701 .• Source:City of Chino Hills Adopted Budget FY 2014-2016 1 Public Safety of the City Manager budget will not be impacted by the proposed project according to the San Bernardino Sheriff's Department. $20,955 is expenditure of other items in the City Manager budget excluding Public Safety. 2 Costs based on per capita basis using the 2015 City population of 76,055. 3 Project does not impact the transfer out budge Trumark Homes Mixed-Use Development—Market/Economic Analysis ! City of Chino Hills 18 323/470 IV, Highest and Best Use Based on the data gathered, current market conditions, land use regulations (General Plan and Zoning), and the potential revenues to the City, the highest and best use is not the proposed rived-use, but rather the development allowed under the current commercial zoning or all retail commercial use. While development of the proposed mixed-use project (residential and retail commercial uses) would provide a higher property value, the City would benefit more in property tax revenues and sales tax revenues from the development of an all commercial use project. Estimated Project Valuation GRC estimated the value of the proposed mixed-use project and the all commercial use alternative. Development of the proposed mixed-use project could result in an estimated property value of the project site of approximately$62.6 million (see Table 9). Under the all commercial alternative use, as shown in Table 10, the total estimated value would be approximately$30.9 million. Estimated Revenues to the City While property values under the proposed mixed-use project are higher than the alternative use, prior property tax allocation Agreement 2000-77, as amended, between the County and the City, would result in higher property tax revenues to the City under the ail commercial use alternative than the proposed project. It is estimated that the annual property erty tax revenues to the City under the all commercial alternative would be approximately $33,900, as compared to an estimated $24,400 under the proposed mixed- use ! ro' ct. In a span of 20 years the difference could result in over$200,000 in additional p property tax revenues to the City under the all commercial alternative. In addition, sales tax revenue projected over a 20-year period is estimated at over $4.5 million more under the all commercial alternative than the proposed mixed-use project. However, revenues from one-time development impact fees, as shown on previous Table 8, the proposed project could generate $3.58 million. On the other hand, the development of an all commercial project is estimated at$688,500. In conclusion, the development of the all commercial alternative, which is the current allowable use under the Zoning Ordinance,would generate more revenues to the City in the long term, as compared to revenues generated by the proposed mixed-use project. Trumark Homes Mixed-Use Development—Market/Economic Analysis I City of ` ino Hills 19 324/470 Table 1 Single-Family Home Sales(2015) City of Chino Hills BId. Bed- Bath- Sales Sales Sales Per Land Year Num. Address Sq. Ft. Rooms Rooms Stories Price _ Date Bid.Sq. Ft. Sq. Ft, Built 1 5044 Lavender Ter 2,721 4 3 2 817,000 6/15/2015 300 9,360 2000 2 5025 Jade Ter 2,598 4 3 2 760,000 6/9/2015 293 11,656 2000 3 4892 Petersen St 2,070 5 2.5 2 558,000 4/10/2015 270 3,000 2000 4 15984 Avenal Ct 3,131 3 2.5 2 715,000 4/10/2015 228 7,368 2005 5 5070 Cellini Dr 2,780 4 2.7 2 582,500 7/10/2015 210 6,600 1996 6 5138 Picasso Dr 3,054 4 2.7 2 759,000 7/10/2015 249 7,810 1996 7 16185 Vermeer Dr 3,314 5 4,2 2 750,000 5/1/2015 226 6,000 1997 8 15498 Quail St 825 3 1 1 285,000 5/14/2015 345 4,400 1952 9 15832 Sedona Dr 2,035 3 2.5 2 600,000 6/3/2015 295 4,950 1999 10 15889 Tanberry Dr 2,729 4 2,7 2 712,500 3/2/2015 261 5,335 1999 11 15888 Madelyn Ct 2,372 4 2.5 2 685,000 5/22/2015 289 8,086 1999 12 15944 Silver Springs Dr 2,372 4 2.5 2 540,000 2/19/2015 228 9,375 1999 13 5425 Gateway Dr 2,066 4 3 2 538,000 6/4/2015 260 3,932 2000 14 15468 Timberidge Ln 1,922 4 2.5 2 482,000 2/17/2015 251 4,187 2001 15 15611 Outrigger Dr 1,629 3 2.5 2 486,000 6/8/2015 298 4,000 2000 16 15651 Outrigger Dr 1,922 4 2.5 2 498,000 7/9/2015 259 3,575 2000 17 5451 Wiidsage PI 2,258 4 3 2 558,000 7/14/2015 247 3,800 2001 18 5443 Wi l d sa g e PI 2,466 5 3 2 590,000 7/14/2015 239 3,850 2001 19 15755 Roan Rd 2,258 4 3 2 535,500 5/5/2015 237 4,760 2001 Source: First American Title,Sept. 2015 325/470 Table Condominium Sales (2015) City of Chino Hills Rld. Bed- Bath- Sales Sales Per Year Num. Address Sq. Ft. Rooms Rooms Stories Price Sq. Ft. Sale Date Built 1 2406 Saratoga Lr 1,001 2 2 1 310,000 $ 310 1/5/2015 1985 2 2470 Saratoga Ln 1,001 2 2 1 301,000 301 6/30/2015 1985 3 13104 Glen Ct 954 2 1.7 1 285,000 299 6/11/2015 1984 4 13104 Glen Ct 722 1 1 1 205,000 284 2/26/2015 1984 5 13104 Glen Ct 910 2 1 1 255,000 280 4/23/2015 1984 6 13104 Glen Ct 1,243 2 2.5 2 327,000 263 4/29/2015 1984 7 13115 Le Parc 1,136 2 2.5 2 315,000 277 2/5/2015 1985 8 13115 Le Parc 1,136 2 2.5 2 317,000 279 4/20/2015 1985 9 13115 Glen Ct 1,144 3 1.7 2 315,000 275 2/6/2015 1984. 10 13115 Le Parc 722 1 1 1 235,000 325 6/26/2015 1984 11 13096 Le Parc 910 2 1 2 265,000 291 6/16/2015 1985 12 13096 Le Parc 954 2 2 1 318,000 333 7/1/2015 1985 13 13096 Le Parc 954 2 2 1 300,000 314 2/9/2015 1985 14 2606 Lookout Cir 1,352 3 3 2 432,000 320 7/10/2015 1987 15 2653 Vista Monte Cir 1,140 2 2.5 2 355,000 311 5/18/2015 1987 16 2691 Vista Monte Cir 1,352 3 3 2 415,000 307 4/23/2015 1987 17 13154 Pinnacle Ct 1,335 2 3 2 421,000 315 7/8/2015 1985 18 13174 Pinnacle Ct 1,138 2 2.5 2 326,000 286 6/16/2015 1985 19 13155 Pinnacle Ct 1,335 2 3 2 421,500 316 4/23/2015 1988 20 13221 Setting Sun Ct 1,076 2 2.5 2 350,000 325 5/11/2015 1988 21 13251 Sonrisa Dr 1,277 3 2,5 2 415,000 325 3/31/2015 1988 22 13133 Le Parc 962 2 2 1 307,000 319 7/9/2015 1993. 23 13133 Le Parc 1,125 2 2.5 2 300,000 267 1/21/2015 1993 24 13133 Le Parc 1,118 2 2 2 153,500 137 5/1/2015 1993 25 13133 Le Parc 1,118 2 2 2 313,500 280 2/17/2015 1993 26 3379 Orange Grove Ave 1,120 3 2 1 355,000 317 6/8/2015 1973 27 3486 Terrace Dr 1,120 3 2 1 344,000 307 4/7/2015 1973 28 15095 Oak Ln 1,280 3 2 2 335,000 262 6/10/2015 1973 29 15034 Coralwood Dr 1,726 4 2.5 2 365,000 211 6/12/2015 1987 30 3223 Southdowns Dr 1,411 428,000 303 2/25/2015 31 14711 Moon Crest Ln 1,012 2 2 1 335,000 331 4/20/2015 1989 32 14689 Moon Crest Ln 1,336 3 2.5 2 367,500 275 4/17/2015 1989 33 2521 Sundial Dr 1,392 3 2.5 2 378,000 272 5/21/2015 1989 34 2532 Moon Dust Dr 1,104 2 2.5 2 342,000 310 4/28/2015 1989 35 2532 Moon Dust Dr 1,041 2 2 1 320,000 307 3/13/2015 1989 36 6415 Seldon Way 1,610 3 2.5 2 388,000 241 1/15/2015 1993 37 17735 Raleigh Ave 1,610 3 2.5 2 389,500 242 6/23/2015 1993 38 17750 Bronte Rd 1,443 3 2.5 2 350,000 243 2/25/2015 1994 39 17755 Bronte Rd 1,443 3 2.5 2 347,000 240 3/13/2015 1994 40 17740 Bronte Rd 1,443 3 2.5 2 348,000 241 1/21/2015 1994 41 6631 Laurelton Ln 1,072 2 2 1 267,000 249 4/14/2015 1991 42 17880 Graystone Ave 1,146 2 2 1 277,000 242 2/5/2015 1991 43 17880 Graystone Ave 1,072 2 2 1 265,000 247 2/27/2015 1991 Source: First American Title,Sept. 2015 326/470 , o ' r- c•I co Ti 4.9 al ril (3.1 r-, 0 03 C4 *-; 0 o "a- 0 idUk- Ce Cn fill C. ll 451 cn CO CP krk, ek 4g_ 0 0"k ill „sit. en .P• S7. et tfl 0 aN (P ek °- CP 0 cx, at vc.1 cc\ iet ..,9,.. r. , Afi- d cry cn. \ 00 0 , 0 cp, cri \ 3 c4 011 0 ,, irk Cn. , Aft CO 0 , trt Air ts, trli 00 , , o .itr, 00 .‹r irk a ils 6 ,0 Arr tfN o o vs .•,.. acL, cy:i r.... ce. r. tD o 0 o. ul Li; 4.n- cz, Ira -tfi- tit 'a k) 0 a) ..... if, (I) la') tft '0 6 vrN 3 i3, 'p0 til 0 is -cl, Om o 0 0 4) 0 % .- ca. 0 4, '8 0 '6) % 4.) 4.) r.) (AA 0 '-,-- u6 'p ,,'F) w 0 tit (11, Z r- 3 0 0 0 ,rk 0 0 r4 (4 • 0 r-• . co co . • et, . et , 0 toll id- , o et c•-1 1-.• d cb c'l , 0 0 et \ 0 et 0.. \ 0 . trt at . al, \ -....„ 0 4.fr tS) 0 et to 0 -iffr vr% tr.' et . ie% Art. crt 0 ,et < . ,... CP .4% 0 3 0 r.1 .....,) \j, c)., la .4 t-- c, AP ttt d Cn, 0 cr e 0 o0\ .4.1 C4t, 1/4D_ c0 03 lai at ct 4.tr AP- r-- to et. irt c-4 it 0 ,cp ei) 4.. I.) .0.. tf, to ci 4...) .,... 0) t.9 -e- 0 CO tA -0 7- ,:ra 11, 05 1", U't L) 0 kry 0 0) 0 . ‘ 0) 0 (1) 0 ..... (A) 01 '46 0 .., . 0 46 0 rs) VN. (.0 ii) 0 c. 0 0 F3 '-- 0) tp t.z.- 0 0 z e 3 u, 00 ( . ,-A 0 (-1 i Table 5 Planned Housing Projects-City of Chino Hills For Sale For Rent Project Units Units Comments 1 Country Club Villas 70 Phase 2, condos on 4,7 ac. 2any0n Hills 76 SFR-Detached homes 3 Lago Los Serranos 95 Townhomes on 8.1 ac. Avalon Chino Hills 4 (formerly erly Butterfield Ranch) 368 16.53-acre site wipark 5 Stonefield 28 SFR-Gated on 34.7 ac. 6 Villa Borba 183 SFR and MFR, Hi-Density on 336 ac. 7 Capriana at Chino Hills 286 Multi-Family, UC n 15.1 ac, 8 Crystal View Townh rn 29 T wnh mes on 2, ac. t t 9 Fairfield Ranch Commons 346 Apartments Bus. Park 36.92 ac. 10 Hidden Oaks Country Club 1 107 - SFR-537-ac. (427 ac. open space) 1 Vista Bella Townhomes 65 1 Townhomes on 4.62 ac. 12 Santa Barbara 324 Apartments on 24.10 ac. 13 Trumark Mixed-Use 110 SFR on8.71 ac. Total 763 1,324 Total 37% 63% Source: City of Chino Hills,September 2015 329/470 Table Retail Stores Opportunity Soul Canyon Parkway& Los Serranos Country Club-3 Mile Radius Chino Hills, CA 2015 Demand (Consumer 2015 Supply(Retail Opportunity Retail Store Category Expenditures) Sales) Gap/Surplus $828,174,368 $400,458,514 $427,715,854 Total Retail Sales &Eating, Drinking Places Motor Vhi l & Parts Dealers-: 4 . :'.:'':.:$168,462,973 $1 , 1 , 154,648,585 Automotive Dealers-4411 $139,518,700 $921,873 $138,596,827 :'.:...:'..Other Motor Vehile Dealers-4412. $17,038,720 :: $4,876,156 : 1....,16...,564 .. Automotive Parts/Accessories,Tire Stores- 11,905,553 $8,016,359 $3,889,194 4413 $16 686 282 $7,507,567 : : 9 178 715 Furniture& Home:Furnishings Stresp 2 Furniture Stores-4421 $8,859,818 $2,331,661 $6,528,156 :.........:... 5,175,90 , ,55Firm Furnasi �Sto�-e -442�::�.:::�::�..�:.�'.:: � � $7,826,464 '..'.'.'.'.:.'.':'."..'.' 9 Electronics&Appliances Stores-443 $15,275,598 $11,448,105 $3,827,493 Appliance,TV,��.Electronics . : . -� 4311.::.::�:�:�'.::::���: ':: ' �����:':�':�'����'��' �:$11,918,976 �� � ��'..:.1 ,....... ..., ...'.:.::..'.'..'.:.::... . $1,537,540 $2,094,327 $1,592,382 $501,946 Household Appliances Stores-443111 :. Radio,Television,Electronics Stores ::..'..'.:.:.'.'.'.. . :........... $9,824,649 $8,789,055 1�035,694 443112 Computer&Software Stores-44312 $3,022,446 $1,066,669 $1,955,777 Camera Photographic:Equipment St o re s-.. ....................:. . . 44313 Building Material,Garden Equipment Stores- 85,980, 94 $77,359,504 $8,621,190 444 ......:.......:..... 304,306 $76,619,185 -$3,314,879 Building Material: Supply l Dealers-4441 ..'..'.:.:. ..'.'.:"... Home Centers-44411 $29,692,892 $54,943,943 -$25,251,052 Paint&:Wallpaper Str - 441 .:.: 1,227,280 "$9,142,219 -$7,914,939 Hardware Stores-44413 $7,425,874 $2,560,535 $4,865,339 ................ $24,985,772. .....:.... Other Building Materials Dealers-419..:..: ::':'. :. $12,728,102 $3,729,758 $8,998,344 Building Materials, Lumberyards-444191 Lawn/GardenEquipment/Supplies Stares-. :'.'. '... . . ................ . . . . .....:....'..."..�� 1 ,688 .:�'�:.�.'�':.:��:�:.:�::��::'��.�'.:�'�':��$740,319�::���:.���: �.:�::' 1 1,986# 9 4442 $4,207,645 $56,382 $4,151,263 Outdoor Power Equipment Stores-44421 Nursery&Garden:Centers-44422 $8,468,743 $683,936 $7,784,807 Food& Beverage Stores-445 $99,004,949 $35,098,103 $63,906,846 330/470 Table Retail Stores Opportunity Soquel Canyon Parkway& Los Serranos Country Club-3 Mile Radius Chino Hills, CA 2015 Demand (Consumer 2015 Supply(Retail Opportunity Retail Store Category Expenditures) Sales) Gap/Surplus :.:.Grocery Stores-4451: :$66,221,132 $$32,794,777 Supermarkets,ets,Grocery(Except $62,275,737 $30,622,089 $31,653,648 Convenience)Stores-44511 ConvenienceStores-44512 $3,945,395 $2,172,688 1,772,707 SpecialtyFood Stores-4452 $8,372,926 $1,376,364 $6,996,562 Beer,Wine &Liquor Ston -4453�::�:�:�����::���������: � . :.::...:::.:���.:�.:�.�:��.:�:��. ��.. .$24,41 , 2 $926,962 $23,483,929 Health &Personal Care Stores-446 $39,641,446 $21,898,754 $17,742,692 ... ................ Pharmacies&Drug Stores-4461 $31,208,584 $16,160,176 $15,048,408 Cosmetics, Beauty Supplies, Perfume Stores- $2,693,88 $1,285,149 $1,408,719 44612 Optical Goods Stores-44613 $2,221 830 $1 071 611 $1,150,219 ......... Other Health & Personal l Care Stores-44619 $3,517,163 $3,381,818 $1.35,345 .............. Gasoline Stations-447 $72,746,841 $40,518,272 . $32,228,569 Gasoline Stations with Convenience Stores- $52,332,975 $38,259,283 $14,073,692 44711 Other Gasoline Stations-44719. .. .......... $18,154,877 ���������:�:��������� ���� $20,413,865 � �:�.�:�:��.:�.:�.. ..$2,258,988 . .. $41,871,554 $13,234,912 $28,636,641 Clothing&Clothing Accessories Stores-448 Clothing Stores-4481. $22,336,030 $11,806,994 $10 529,037 } Men's Clothing Stores-44811 $1,086,728 $116,188 $970,539 Women's lot ing Str -44812 : :..::...5,023,56 3 $1,200,699 $3,822,864 Children's, Infants'Clothing Stores- $1,314,918 $3,083,422 -$1,768,503 4481.3 Family lot in Stores-4481 :: $12,009,515 $6,805,371 $5,204,144:::::::.:.: Clothing Accessories Stores-44815 $990,963 $225,795 $765,168 Other Clothing Stores-44819 $1,910,343 $375,519 $1,534,824 Shoe Stores-4482 $3,318,715 $426,907 $2,891,807 .. ....................... Jewelry,:.Luggage, Leather GooStores.:::::::: 16 216 809 :.$1,001.,0 :.::::...:$15,215;797 ::.4483 Jewelry Steres-4483 . $14,602,595 $982,486 $1.3,620,209 1 .. 1 ..�.� ::.::...�.:�.� . ..,614:....:......:.:,.1 �.����:���.�:.�:��:�:�:��:����..�.�:��.�$18,525 :��.:.:�...... $1,595,588 Luggage Leather Goods Stores-44832 ......... Sporting Goods, Hobby, Book, Music Stores- $15,750,070 $8,510,361 $7,239,709 451 Sporting Goods,Hobby,:Musical Instrument ....:.:....... . $13,612,603 $6,997,172 $6,615,431 Stores-4511 331/470 Table Retail Stores Opportunity Soquel Canyon Parkway& Los Serranos Country Club-3 Mile Radius Chino Hills, CA 2015 Demand (Consumer 2015 Supply(Retail Opportunity Retail Store Category Expenditures) Sales) Gap/Surplus Sporting Goods Stores-45111 $7,267,895 $3,560,459 $3,707,436 Hobby,Toy&Game Stores-45112 .... .::.�� �$3,695,596 ::.�:�::��::�:�:�:�:�:��: � � $2,377,932 $1,317,665 Sewing, Needlework&Piece Goods $1,266,032 $0 $x.,266,032 Stores-45113 .................:. . Musical Instrument Supplies:...tores-. :.. :..$1,383,08 ::.:::$1,058,782 . . ................... ................................ . . . ......... .........:........... .. . .. ..............:.......:...... . . ... .. ........:..:... 45114 :. Book, Periodical&Music Stores-4512 $2,137,467 $1,513,189 $$624,278 Book t r &News Dealers-45121 :::....:$1,834,90 $1,508,056 $$326,850 Book Stores-451211 $1,641,443 $1,508,056 $133,387 ::....::. 19 4 : : :....$ $19.3,464 News . �. �.��.�.�...�.:�.�..�.�..:.�:..:...�:.:�..::......... ....:.........:....... �... . .:.:��.. , ..��:���������� �. Dealers&Newsstands-451212 Prerecorded Tape,CD, Record Stores- $30 ,51 $5,133 $297,428 45122 GeneralMerchandise Stores-4 : $95,887,129 $26,125,465 $69,761,664 Department Stores, Excluding Leased $42,159,566 $471,846 $41,687,720 Departments-4521 ........... . .. .......... ............ . Other General Merchandise Stores-4529. :..:.:.$53,727,56 ::::::::$25,653,61 ::$28 Miscellaneous Store Retailers-453 $20,227,152 $6,104,934 $14,122,218 Florists-4531::.::::::::::::: 831,42 $124 69036 :....:........... $10,369,438 $3,316,301 $7,053,077 Office Supplies,Stationery, Gift Stores-4532 .....:............ Office:Supplies&Stationery Stores $ 945,404 ::.. :2,671,18 2,274,219 . ................:... . . . . :.....45321 Gift, Novelty&Souvenir Stores-45322 $5,424,034 $645,176 $4,778,858 Used Merchandise Stores-4533:::..: $1,807,173 $338,250 ::$1,468,924 .. Other MiscellaneousStore Retailers-4539 $7,219,114 $2,325,033 $4,893,481 Non-Store... tilers-4 : :.:.. $69,640,022 . :..$5.7;637,417 $12,003,205 .............. . Foodservice&Drinking Places-722 $86,999,059 $81,200,733 $5,798,327 } Full-.Service Restaurants-7221 $39,441,105 $24,704,425 $14,736,680 Limited-Service Eating Places-7222 $34,721,565 $56,081,396 -$21,359,832 Special Food rvuc s-7221 $9,556,321 $393,957 $9,162,363 : ................ Drinking Places-Alcoholic Beverages-7224 $3,230,069 $20,954 $3,259,115 ..... ..... . GAFO * $195,840,071 $70,142,771 :::::::::.:$125,097,300 ..... ............. 332/470 Table Retail Stores Opportunity SoquelCanyon Parkway& Ls Srrano Country Club-3 Mile Radius Chino Hills, CA 2015 Demand (Consumer 2015 Supply(Retail Opportunity Retail Store Category Expenditures) Sales) Gap/Surplus General Merchandise Stores-452 $95,887,129 $26,125,465 $09,761,664 $41 871 554 :. 636 641 Clothing&ClothingAccessories Stores-44 . :'.:...:.:..'.'.:.'.: '. :.'::..::. .'. FurnitureHome Furnishings Stores-44 . $16,686,282 $7,507,567 $9,178,715 & Electronics:&Appliances Stores-443:.. : $15,275,598 $11,448,105 ::.'::'::.:: 3,827,49 Sporting Goods, Hobby, Book Music Stores- $15,750,070 $8,510,361 $7,239,709 451 ............ .. ............. .. .......... ......... :..'.'..'.'.':.'....:'..'....... $10,369,438 $3,316,361 $7,053,077 Office:Supplies,Stationery,Gift Stores-4531 : : .. ..... . : : ". Source: Nielsen,Sept 2015 333/470 Table 7 State of California,San Bernardino County&Chino Hills-Taxable Sales-2013 State of California I San Bernardino County City of Chino Hills,CA..idMI Ta.al.:.. ti Per 2;1,11 I Tauble Nierberef -tr.,acto, chirLd it„...Er.tra,sa.,c, r._-I,er of I Tra.,a,17.n. 1 Rrr CP,, Takab".e '....,i-phisi $-c'-'! NAICS T,42 of Eus,ass pagni,r.sic.ni kr,.., % from r En-B cl. Arncui1 Ta4b"-.. I...Isaac, Per Cap ta Leake Leak.g.e 154 1,2013 (In thinusar.ls) cf icta1 Ve2ir to V.... 2013 2012 JuN 1,2010 fin t1-..cu5a_ncl5)11 trar.sacbons P'"0 4,21-lands) 1 2013 Fc03 Total 1 441 1.4,o44r Vehlole and Parts Dealers 32,324 67,936,436 11,59 10.5, 1,731.43 1,61_5_35 2,274 3,156,135 1,869 24 14,370 196 11,67411 1122,303,06111 44111 1,1.,,,,CAr Deaters 2,457 51,1.,35,797 9.71 ii.lr 1,32650 1,214 57 94 2,465,990 1,213 -1 44112 Used Car Dtafers 7,422 6,812„654 1.16 Ill 17479 161.44 494 620,229 290 4412 Other Motor VeNole Dealers 2,574 3,123,785 53 15.7 8185 7130 197 313,035 150 1 4413 Auto.Parts,Accessor,..s a-d Tire Stores 19,541 6,974,035 1.19 35 163.73 178 02 1,499 496,086 238 1 I 4.42 Furniture and Horne Furnishings Stores 17,102 10,645,573 1.311 7.1 271.94 262.42 871 471,946 217 13 15,474 203 1231 /1,700,134I 4-421 Furr29ure Stores 7,919 6.626,846 4.13 64 1736-I 101.4] 433 339,371 146 4322 Hos,Furn,,h-ngs Stores 9,183 4.018,677 .69 I 8.3 105 35 9795 433 163,575 78 4-4-3 ETectronTos and Appliance Stories 1 21,061 14,765,435 2_51 0.1 336.90 339.39 894 499,03.5 239 4-44 810.1,1atil,and Garden Equip.and Supplies 16,323 29,630,053 5.06 8.2 777.74 714,53 809 1,396,290 670 14 NIA N/A 14/A KM 4441 894 4%ng 1,..13,04 a n4144-44as Dealers 11,119 26.947,807 4 59 00 746 11 658.73 564 1,339,793 643 .4-442 Loon and Garden Equ-,p,and S Lic pi es Sto-res 5,1.64 2.732,241 .47 56 71 59 65 83 245 56,4% 27 445 Food and Beverage Stores 31,132 15,239,203 4_31 3.2 661,65 6-17,30 1,375 1,211,633 511 35 51,863 602 101 7,517,220 4-4511 S we rmukets and Ot1,--T Grnceri Stores 11,056 18,176,946 3.10 21 476 28 409.84 458 828;26-4 397 44512 Coriver;e.-ice.Stores 5,454 2.61.0„843 .44 47 02.41 65 84 29] 223,692 107 4452 Speds,`,4F0-od Slip re-z 7,705 825,426 .14 84 21 63 20 03 342 32,029 1 IS 4453 eear,%V ne,54 Lig,.Stores 6,553 3,675,928 63 5.5 9637 91 63 285 12,4,263 I 62 1 I I I 445 Healthand Persona!Gera Store_s 12,5,9 11,194,149 1.92 4.7 19.5.93 29-1.64 1,0101 434-1521237 44611 Pharma6es and On_lg Sta,a 50.37 6,744,673 1.15 1 7 177 15 175 53 261 I 241.151 I 118 44412.44319 Health and Personal Ca,Stores 17,022 4_533,376 .77 54 118 79 109 33 I 741 251.171 121 4-47 Gascill'ne Stations 9.749 56,860,585 9_69 -2.0 1,469.9.0 1,5319 575 3,499,402 1,775 10 100,861 1,326 14491 434.137..9” 448 Cfc,thing end CiothIng Accessories Stores 62,164 34,918,136 5.98 7.91 914.95 854.49 3,039 1,615,313 775 96 3-8,143 502 p13.1 120,792,1641 44.311 Ven's C.Pot,-,-ng Stores 2,223 947,203 .16 4.21 24 82 21.01 116 41,734 201 -44-342 44312 V.,,,,,,n's Cly rg Star. 9,221 4,903,5E8 85 3 7 130.71 127514 376 197,4-H') 65 I 44511-44010 1Fa-001Crct;--rg S...0..65 Accesso'es,and 011-,Stares 34,039 21,675,128 3 69 52 517.95 524 32 1,351 941,132 452 4412 513e S..ors3 4,849 1 3.677,949 .63 51 96 371 61.61 326 235,511 123 4483 Jewelry,1.491a4e,and Le aThe r G:iods Stones 11,833 1 3,625,264 611 72 95.10 89.44 350 199,616 SS I 1 451 I Sporting Goads,Hobby,Book,and Music Stores 26,732 11,1.13,831 1.09 3.4 291.11 29333 1,154 363,037 270 45511 I SporEng Goods Stores 9,215 5/120,974 54 66 13156 124.40 410 244,312 117 1 1 45112-45114 Hobbi,Toy and Pius,Sc instrument Stores 7,352 I 3,899,286 66 4.3 151.75 9914 402 212,605 107 4512 Bock,Periodcal.„and Mn;Stores 10,145 2_209,571 33 .4.9 57.93 61.14 342 96,140 -16 11 452 General Merci-QndIse Stores 15,031 51,431,094 8,76 L9 1,347.63 1,32.0.301 1,017 3,123,009. 1.493 32 ri/A 11/A N/A Ph/A' 453 Miscellaneous Store Retailers 112,3-16 13,311,214 3.13 2.3 431.66 472.19 5,255 1,313,190 635 1 4531 9oris. 4,606 493,526 08 1.5 12 93 12 83 134 10,8151 5 45321 offce s u pp;es and Statnnery Stores 2,256 4,097:056 .70 -19 10115 110 33 12511 624,4241 300 45322 GI,P4,,,,d1i,.a..cl Sokrianir StoTts 17,549 1,636,142 28 3 4 42 87 41 80 7761 55.625 28 4533 Lissd V.rchar-clse Stores 14,243 866,144 .15 61 22 70 21 56' 956 24,716 12 4531 ot,,er F..,5,e`la-,Lts Store Retail., 79,687 11,299,156 1.92 41 245.11 285 72 3,299 614.526 230 45-4 Nons tor a Ret3'lars 202,112 7,196,239 1.2-1 66.8 191.10 11553 10,663 273,934 131 722 Food Sara-ices and Drinking Places 96,594 62,776,360 10.70 6.3 1,614.91, 1,559.05 4,010 2,605,706 1,250 1251 3-18,041' 1,5 53 302 22,954,392 7221 rt.'I.-Seri ice Re.+Auran. 31,995 31,569,683 593. 67 827 21' 79111 1:123 1,000,334 410 7222 L T.,-d-Snrirce Eatfrg Places 50,908 1 27,418,252 4 67 56 718 43 69512 2,394 1,526,546 732 7223 S pl.,,.1 Po od Serioes 11,026 I 2.512,603 43 90 0054 5057 371 39,182 19 7224 Co'-.-01 Places(Ak.ehac 9eveu3es) 2,827_1 1,275,821 22 6 4 33 41 31 05 132 15594 19 I Into!Retalt and Food Services 669,279 402,439,713 65.99 5,5 10,5-15_01 /0,071.151 32,936 11,173,875 10,149 844 551,457 7,251 12,0494 W1121,7021 IAD Other Outlets I 11 Agricuf-±,e,Foreatni,Fis'hng and liurt-rg 1,953 700,540 .12 93 18 36 16 83 21 9.1310.4-uU arrying,and 01 and eas ENtractoi 451 934,070 _16 6.4 24.4-9 23 19 I 22 tit ffes 727 665,041 11 -161.1 17 52 29 66 23 Construction 14,542 10,515,059 1.75 561 27532 262 83 31-3.3 PO ar,factu,ing 51,432 38,576,953 6 57 -0 I 1,010 82 1,04994 42 19.5,ofts72,,Trade 85.545 08,945,910 11.75 6.41 1,806 57.1 1 1,724 22 I 48.49 Trans pc rLa“,on and WarehoWog 3,361 1.601,9417 _27 1.71 41.97, 4150 55 1-1]rrra.-.01 6.146 9,353,352 1 6011 33 24103 239.96 I 52 Finance and Insurance 2,765 1,653,325 .23 .15.1 43.45 5150 153 Real Estate and Rertal and Leasirg 19,836 18,503,816 3.15 97 45-1 95 449 55 1 r'54 I Preass70,1,.5.d.,ntfc,and-Technical Sec',.c-es 12,559I 5,390,712 .92 89 1-1125 13,3.69 1 55 Manage merit of C-cirnpan;es and Erterpr,eS I 93 41,757 1 .01 -29.7 109 1 57 56 Adrri and Scrpr...art and'Mate MITI arid Rureola5on 13,214 2_502,566 43 41 55 57 0347 51 Educeonal SE:V.C.P.-5 7,059 1,103,629 .19 -29 2505 1117 02 Health Cane and Social Assistance 6,934 1.251,094 21 2_711 32 70 32 17 I 71 ,A,r,Errtertir.rrent,ark REcreaton 5,718 1.161.5141 49 3.0 74 58 7533 1 721 Arcornmoda50, 2379 3.724,766 .63 7.0 976'] 9130 61 Other Sepik.(exupt Pubi c Ad.---,..-,..tra':on) 59,550 8.563,303 1.461 12 3 22.352 231 36 1 1 92 PuttEc AdrniniSbari'Cin 1,331 I 596,599 19,' 31 14 55 13.12 1 1Others Others 743 6.894,894 1.47 3.0 16506 176 74 1 Tata!Ail Other Outlets 316,177 124,319,299 31.41 4.7 4,831.77 4,674.55 I 13,644 10,5019471 4,800 340 74,884 113 (5,0151 (230,584,147)1 Total All Outlets 931.756 536,239,610 100.08 5.1. 15,376.73 14,745.32 46,632 31,177,213 I 14,953 1.184 I 676,341 2,2351 18,125] (511,402,510] Historical Da. 1 I Con-p.-2E1a data for total ail oule 1 11 I 24-33 1,014,675 531,653,545 I -5 2 14,425 07 49,994 27.777,703 13,328 2009 909,851 456,492,945 -14.1 12,311.96 45,562 2_3,652,41311,349 71110 978,0.47 477,147,986 44 12,794.32 I47,562 24,637,8.62 1 11,246 20.11 969,643 520,563.055 II 9.1 13,855 91 1 47,791 27.322,980 13,110 1012 978,269 559,387,250 74 147-1501 48,936 29,531,921 14,170 1 '5,_rcEs,Snle 8:..,d of E,3,3,,-5,,0.,,,.1 P.-L.-c.,513021:1.5 334/470 A")pendx 1 Properties Available for Lease and Sale City of Chino Hills September 2015 Trumork Homes Mixed-Use Development—Market/Economic Analysis City of Chino Hills 335/470 PROPERTIES AVAILABLE FOR SALE .1221hrigibill1111116— B A KIJ Itz-1 imam VON • 4 - :1.44 Min I 4111110* ri 3280 Chino Hills Parkway Chino Hills, CA Price: $5,600,000 Gross Leasable Area: 11,200 SF Cap Rate: 5.50% Property Sub-type: Strip Center Country Club Medical Chino Hills, CA 6 $420,840 O 1,503 SF Bldg o Medical Office mink - -01 Trumark Homes Mixed-Use Development—Market/Economic Analysis 1 City of Chino Hills 336/470 Finished Lots for 28 Units Condo Chino Hills, CA Finished Tots for 28 Units condo in Country Club Villas Association, with Architecture Plan for 3 Bedrooms 2.5 bathrooms. • $2,980,000 O 1.73 AC • Residential (land) 1111140. II t+141 I :.1.7e4F ,1 Alm I -• . - - • • Fairfield Ranch Industrial Condo Chino Hills, CA Built in 2006, this property has 5600 sq. ft. with spacious office built out. Ground level loading and there is a common area truck well loading. O $985000 • 5,600 SF Bldg • 4% Cap Rate • Industrial-Business Park 14768 Pipeline China Hills, CA Owner-User Opportunity located in "The Courts" executive business park. Constructed in 2007 and provides high end improvements through... O $3,473,750 O 13,895 SF Bldg O Office Building Trumark Homes Mixed-Use Development—Market/Economic Analysis City of Chino Hills 337/470 , , 1 . , ,..4ifiltitt4,1,1110X-Alt Fairfield Ranch Business Park Chino Hills, CA An approximate 6,405 square foot industrial unit, part of the Fairfield Ranch Business Park. O $1,018,395 O 6,405 SF Bldg • Warehouse CHINO HILLS RESTAURANT FOR SALE Chino Hills, CA Restaurant is located in a high traffic shopping center with ample parking. Approximately 2,500 SF to 2,600 SF • $350,000 • 2,500 SF Bldg • Restaurant ". ..-r ,"" ----- 'Sr\ ,.....'„./... ouji ., 1,--- . Harris Custom Home Chino Hills, CA Ready to build. The design and plan is in the process of approval. a $1,088,000 O 0.41 AC O Residential (land) Trumork Homes Mixed-Use Development-Market/Economic Analysis 1 City of Chino Hills 338/470 •.1 . - AK- ' f i.,.....---• -- i§,,t. ..,, 4 . 1 - lel - ' • i r . ' --, NOM iinin--1, 1-1 ._. I,. .lipplipir7i.z.., gralK1 r t ei - ' - --•-.‘ ,P.I:- - ___..; ,,', -- ., „,.. , ...11 .. 11 ._... „ 0 Main Street Chino Hills, CA Restaurant business for sale due to owner's out of state relocation. +/-2,000 SF + patio. Very low monthly rent at$5,000 per month. • $225,000 O 2,000 SF Bldg a Restaurant Trumark Homes Mixed-Use Development-Market/Economic Analysis 1 City of Chino Hills 339/470 PROPERTIES AVAILABLE FOR LEASE --- -,„__ 114 ' iii-F_Ehb 1 I 1 1 . .1". _SI: -- - Crossroads Mark place Chino Hills, CA Sublease opportunity in a power center. Major retailers in the area include Costco, Lows, Petsmart, CVS, 99 Cent, Ranch Market O 31,000 SF O Negotiable O 1 Space a 197,625 SF GLA O Power Center .......- siii,.......°' if 1_16-. .--- 1 f 1 aw.---- Chino Hills Marketplace Chino Hills, CA Located along Hwy 71, Chino Hills Marketplace is a major shopping hub for area residents, catering to both the surrounding neighborhoods wit... a 1150 -5,829 SF O Negotiable a 10 Spaces O 323,851 SF Bldg a Retail (Other) • Trumark Homes Mixed-Use Development—Market/Economic Analysis I City of Chino Hills 340/470 . • -i:. .. -i 6--":1:-,'a 1 ' ,4" 0, I , p ''17.7-7.--,-,•r= - ! 1 .4,4 411 -L.A.- 1-t.-- 'if. itii - .1 ik-4 l'ili . ,z.,.,'-.:. -' ,...•- '; '0' .4,-. Gordon Ranch Marketplace Chino Hills, CA Gordon Ranch Marketplace located in Chino Hills featuring 128,000 sf of space. Leases include 5 per 1000 parking. • 1,610 -45,000 SF • $1.65 -$25.80/SF/Year • 7 Spaces • 128,082 SF GLA o Strip Center - , IA I , .... 1 117I 11 4'. _____...... .6..... ., , •• ••':— l'-_:-_. . 1„ ----""r" .1111 The Courts Chino Hills, CA First Floor office space available in Chino Hills Located right off the 71 fvvy O 2,275 SF • $21 /SF/Year • 1 Space • 2275 SF Bldg • Office Building Trumark Homes Mixed-Use Development—Market/Economic Analysis i City of Chino Hills 341/470 4 4. • 1,0e• .41 fYNIO:7_• 1 - ,V.* - spoil • _ r The Cour at Chino Hills Chino Hills, CA Suite A is 2,909 square feet and was formerly occupied by an orthodontist. • 1,200 -2,909 SF • $18/SF/Year O 1 Space • 11,589 SF Bldg • Office Building 1111 44. r t 1* f . - The Commons at Chino Hills - 18.617 SF Available, Chino Hills, CA Opportunity to sublet 18,617 SF on The Commons at Chino Hills. O 18,617 SF O Negotiable a 1 Space O 525,000 SF GLA O Strip Center Truniark Homes Mixed-Use Development—Market/Economic Analysis I City of Chino Hi//s 342/470 , . ; 1 - .* . ..4',„7-,:-.,_,,,,,...m_ • ,-4,,„i__ , . , e i -,_....rogiL . •. ., , ,, t k, , 7 I •Pp'-•• = pi h 1 • 1, i , 1 il _ • Crossroads Marketplace Chino Hills, CA • 2500 SF • $36 /SF/Year O 1 Space O 15,935 SF Bldg O Street Retail ' ..„. a 16, , ...., 6 itill 7 1, - csi ' — _ ll 4 I . 114. 4 — _... „ rk 1 Crossroads Marketnlace Chino Hills, CA I Located at the 71 Fwy between Peyton Drive and Chino Ave freeway exits. Tenants include Costco, Lowes, Best Buy, Bed Bath & Beyond, and Petsmart a 14,000 SF ▪ $18 /SF)Year a 1 Space a 197,629 SF Bldg • Free Standing Bldg Trumark Homes Mixed-Use Development—Market/Economic Analysis 1 City of Chino Hills 343/470 , - • .- Laband Villacie S.C._ Chino Hills, CA e 6,213 SF o Negotiable o 1 Space o 63,977 SF Bldg o Retail (Other) di- . , 1Tairr11111111 I . - Laband Villacie S.C. Chino Hills, CA e 6,361 SF e Negotiable o 1 Space o 9,375 SF Bldg o Retail (Other) Trumark Homes Mixed-Use Development Market/Economic Analysis City of Chino Hills 344/470 kr. • _ 40101011011*.• Country Club Professional Haza Chino Hills, CA Medical Office park located at Soquel Canyon Parkway and Butterfield Ranch Rd. • 1,016 SF • Negotiable • 1 Space o 29,837 SF Bldg • Medical Office - a 1:1!. r ill 41 :OW The Courts at Chino_Hills-131,(ki..W. Chino Hills, CA Master planned campus type setting with lush courtyard. Total of 18 professional office and retail buildings. o 2,935 SF • $21 /SF/Year • 1 Space • 6,192 SF Bldg • Medical Office • Trimark Homes Mixed-Use Development Market/Economic Analysis City of Chino Hills 345/470 , i 7,4.-,:::... ,.,;:-, -... ....:\ 7..- 1..*---- - - •c-;.- -'Wttlie -.-_ Z. r _ ' . ... . , t 1 CHINO• I A,_ SITE.a.,,,i),,,-___-) Crossroads Entertainment Center Chino Hills, CA Up To 7,000 SF Shop Space Available For Lease. Anchors include: Harkins Theaters, Starbucks, Buffalo Wild Wings &Taco Bell. O 1,000 - 7,000 SF O Negotiable O I Space 8 Retail (Other) ..., ,. y , i jr • I i ,i, 0 .1 "H it ,. . . - ,..ii, ............., . _ .1.. i rill ' •—, ‘. 1344 ,, ' I ' ' . -._ The Commons Chino Hills, CA Easy access from State Route 71. Pylon signage along the 71 freeway. O 1,500 - 13,399 SF O $36 - $42/SF/Year O 2 Spaces O 23,000 SF GLA O Power Center Trumark Homes Mixed-Use Development—Market/Economic Analysis 1 City of China Hills 346/470 I II ‘'..)31 14 1. I; • I- ' Chino Hills Executive Suites Chino Hills, CA Highly upgraded newer Chino Hills office converted into EXECUTIVE SUITES ranging 153 to approximately 680 RSF. • 153 -422 SF • $42 -$54 /SF/Year a 3 Spaces • 15,047 SF Bldg O Office Building _ 3f(kf. - - " t:- 141 • - I : Ccir.k :1:Y4 Haw-77-p-,. .c,esiword.4. ODUS Pine Shopoing Center. Chino Hills, CA Opus Pine Shopping Center is a two-building, 17,084 square foot retail property located in Chino Hills. o 1,904 SF O $25.80/SF/Year a 1 Space • 17,084 SF GLA O Neighborhood Center Trumark Homes Mixed-Use Development-Market/Economic Analysis , City of Chino Hills 347/470 SOQUEL CANYON SHOPPING CENTER SPACE FOR LEASE Soquel Canyon Crossing Shopping Center 15870 Soquel Canyon Parkway, Chino Hills, CA 91709 $1 .75 /SF/Month 2700 SF I Retail - . 11111110 ARGAi! _ I ° . _ . Description Anchor tenants: Rite-Aid, Firestone Tire, Wells Fargo, & Subway. Rates reduced to $1.75 NNN for inline space, asking $2.00 NNN for End Cap. Average income over$100,000 within 3 miles. Located at the intersection of Soquel Canyon Parkway and Butterfield Ranch Road. Close proximity to 71 Freeway. Trumark Homes Mixed-Use Development—Market/Economic Analysis City of Chino Hills 348/470 associates URBAN PLANNING Memorandum SUSTAINABLE COMMUNITIES To: Ms.Joann Lombardo Mr. Eduardo Schonborn HOUSING City of Chino Hills ECONOMIC DEVELOPMENT From: Robert G. Vasquez&John Oshlrno ENVIRONMENTAL Date: January 4, 2016 Subject: Trumark Project—Retail Demand Introduction The City of Chino Hills ("City") requested GRC Associates, Inc. ("GRC") to assess the potential retail square footage that the area around the proposed Trumark Project ("Project") could support. The proposed Project consists of rezoning a 12.1'acne vacant site in the City from General Commercial ({-G) to Mixed-Use (MU), and constructing 110 for-sale residential units and 18,000 square feet of retail uses. An alternative is being considered that would consist of 87 for-sale units and 18,000 square feet of retail use, which would result in larger residential lots sizes than the proposed Project. Retail Demand GRC reviewed market conditions and concluded that there was sufficient demand for the Project's proposed retail and housing components. The commercial component consists of two multi-tenant buildings with a total floor area of approximately 18,000 square feet, located in the southern portion of the project site and totals 1.79 acres (15% of the project site) of the 12.1-acre site. This represents a floor area ratio (FAR) of 0.23. The two proposed one-story commercial buildings are described as follows: " Building A: 6,000 square feet comprised of I,200 square feet of retail and 4/8OOsquare feet ofrestaurant/food use. 858 Oak Park Road ' ~ Building B: 12,000 square feet comprised of 7,800 square feet of retail Suite 280 and 4,200 square feet of restaurant/food use. Covina,CA 91724 T: (626)331-6373 F: (626)331-6375 Trumark Project—Retail Demand Analysis January 4,2016 Page 2 To assess the retail demand of the Project's commercial component, GRC visited the site and its immediate vicinity, reviewed project information provided by the City, collected and analyzed recent data from the U.S. Census, U.S. Bureau of Labor Statistics, State Board of Equalization, Nielsen Company, Economic Development Department (EDD), as well as contacted various City and agency staff. Leakage Analysis Initially, GRC calculated retail sales leakage figures for the City of Chino Hills. Retail sales leakage occurs when residents spend money for goods and services outside their community or city that could have been spent within their community or city. Based on the latest data provided by the State Board of Equalization in 2013 and presented in Table 1, the taxable per capita expenditures of total retail and food services were $10,545 for California and $10,159 for San Bernardino County. However, the taxable per capita expenditure figure for the City of Chino Hills was only $7,251—or almost $3,000 less than the County figure. In essence, Chino Hills residents were spending about $3,000 in taxable retail sales outside the city, on a per capita basis. Thus, additional retail facilities could help keep some of the retail sales that are being spent outside Chino Hills within the city. Nielsen Dernand/Supply In order to assess specific retail square footage figures that could be supported, GRC reviewed local conditions and data prepared by the Nielsen Company (a national demographic/retail research firm). The retail demand and supply report is presented in Table 2 and summarized in Table 3. The tables show demand/supply and opportunity gap/surplus figures for numerous retail categories within a three-mile radius of the proposed Project site. The Nielsen Company report shows that significant retail opportunities exist within three miles of the proposed Project site. Nielsen's en's retail data is derived from two major sources of information. The demand data is derived from the Consumer Expenditure Survey (CE Survey, or CEX), which is fielded by the U.S. Bureau of Labor Statistics (BLS). The supply data is derived from the Census of Retail Trade (CRT), which is made available by the U.S. Census. The difference between demand and supply represents the opportunity gap or surplus available for each merchandise line/retail store type in the specified geography. When this difference is positive (demand is greater than the supply), there is an opportunity gap for that merchandise line/retail store type; when the difference is negative (supply is greater than demand),there is a surplus. For retail facilities of the size and type proposed by the Project were compared to the retail demand in the Nielson report. For each retail category, GRC calculated potential supportable square footage figures. Compatible retail uses included general merchandise stores, clothing stores, full service restaurants and furniture stores. Subsequently, GRC reviewed each retail category and assessed whether it was a reasonable use at the Project site in terms of the permitted use in the C-G zone, the size/dimensions of specific uses, and the location of nearby competition. The estimated retail square footage figures were then adjusted downward to reflect the potential supply of other planned retail spaces, such as the Santa Barbara and Golden Retail projects. In summary, the total supportable retail square footage figure at the Project site was estimated at approximately 27,000 square feet. 350/470 Trumark Project—Retail Demand Analysis January 4,2016 Page 3 Conclusion The Project's 18,000 square feet of retail development is supportable and reasonable at the Project site, given the demand for retail space in the area. The Project site could potentially support 25,000 to 30,000 square feet of retail space; however, competition from larger retail centers in the northern section of the City, as well as the existing and planned retail sites in its immediate vicinity could negatively affect demand. 351/470 Table 1 State of California,San Bernardino County 84 Chino Hills-Taxable Sales-2013 [ State of California San Bernardino County Taxable Per capita Taxable f Chino Hills CA 11,.....A City o , _ .... .. ... .... _ Number of Transactions Per Capita Number of Transactions Per Capita Taxable Surplus/ Surplus/ NAILS Type of Business permits on Amount % Taxable permits on Amount Taxable Transactions Per Capita Leakage Leakage July 1,2013 (in thousands) of total transactions July 1,2013 (in thousands) transactions Permits (thousands) 2013 Per Cap Total _ . 441 Motor Vehicle and Parts Dealers 32,324 67,986,436 11.59 1,781 2,274 3,896,135 1,869 24 14,870 196 (1,674) (127,308,061) 44111 New Car Dealers 2,457 51,035,797 8.71 1,339 94 2,465,990 1,183 44112 Used Car Dealers 7,422 6,802,854 1.16 178 484 620,229 298 4412 Other Motor Vehicle Dealers 2,904 3,123,780 .53 82 197 313,030 150 4-413 Auto.Parts,Accessories and Tire Stores 19,541 6,974,005 1.19 183 1,499 496,886 238 442 Furniture and Home Furnishings Stores 17,102 10645,523 1.81 279 871 472,946 227 73 15,474 203 (23) (1,784,790) 4421 Furniture Stores 7,919 6,526,846 1.13 174 433 309,371 148 4422 Home Furnishings Stores 9,183 4,018,677 .68 105 438 163,575 78 443 Electronics and Appliance Stores 21,052 14 765 485 , , 2.52 387 894 499,085 239 444 Bldg.Matrl.and Garden Equip.and Supplies 16,323 29,680,053 5.06 778 809 1,396,290 670 14 N/A N/A' N/A N/A 4441 Building Material and Supplies Dealers 11,119 26,947,307 4.59 706 564 1,339,793 643 I 4442 Lawn and Garden Equip.and Supplies Stores 5,204 2,732,246 .47 72_ 245 56,496 27 445 Food and Beverage Stores 31,132 25,289,203 4.31 663 1,375 1,211,638 581 35 51,863 682 101 7,647,320 44511 Supermarkets and Other Grocery Stores 11,656 18,176,946 3.10 476 488 228,264 397 44512 Convenience Stores 5,188 2,610,903 .44 68 290 223,082 107 4452 Specialty Food Stores 7,705 825,426 .14 22 342 32,029 15 4453 Beer,Wine,and Liquor Stores 6,583 3,675,928 .63 96 285 128,263 62 446 Health ant!Personal Care Stores 22,589 11,294,049 1.92 296 1,010 494,452 237 44611 Pharmacies and Drug Stores 5,567 6,760,573 1.15 177 268 241,281 115 44612-44619 Health and Personal Care Stores 17,022 4,533,376 .77 119 742 253,171 121 447 Gasoline Stations 9,793 56,860,585 9.69 1,490 575 3,699,402 1,775 10 100,861 1,326 (449) (34,137,861) 448 Clothing and Clothing Accessories Stores 62,164 34,918,036 1 5.95 915 3,039 1,615,013 775 96 38,143 502 (273) (20,792,164) 44811 Men's Clothing Stores 2,223 947,203 .16 25 116 41,734 20 44812 Women's Clothing Stores 9,221 4,988,568 .85 131 376 197,009 95 44813-44219 Family Clothing Stores,Accessories,and Other Stores 34,033 21,675,128 3_69 568 1,861 941,132, 452 4482 Shoe Stores 4,849 3,677,849 .63 96 326 235,51111 113 4-483 Jewelry,Luggage,and Leather Goods Stores 11,833 3,629,288 1 .62 95 360 199,626 96 .1 451 Sporting Goods,Hobby,Book,and MusicStores 26,732 11,113,831 1.89 291 1,154 563,057 270 45111 Sporting Goods Stores 9,235 5,020,974 .86 132 410- 244,312 117 45112-45114 Hobby,Toy and Musical Instrument Stores 7,352 3,883,286 .66 102 402 222,605 107 4512 Book,Periodical,and Music Stores 10,145 2,209,571 .38 58 342 96,140 46 452 General Merchandise Stores 15,031 51,431,094 8.76 1,348 1,017 3,123,008 1,498 32 N/A N/A N/A, N/A 453 Miscellaneous Store Retailers 112,346 18,382,224 3.13 482 5,285 1,323,190 635 I 4531 Florists 4,606 493,526 .08 131 134 10,295 5 45321 :Office Supplies and Stationery Stores 2,256 4,097,056 .70 107 120 624,428 300 45322 Gift,Novelty,and Souvenir Store.s 17,549 1,636,142 .28 43 776 58,625 28 4533 Used Merchandise Stores 14,248 366,144 .15 23 956 24,715 12 4539 Other Miscellaneous Store Retailers 73,687 11,289,356 1.92 296 3,299 604,525 290 454 Nonstore Retailers 202,082 7,296,839 1.24 191 10,663 273,954 131 722 Food Services and Drinking Places _ 96,594 62,776,360 10.70 1,645 4,020 2,605,706 1,250 125 118,042 1,552 302 22,954,392 7221 Full-Service Restaurants 31,832 31,569,683 5.38 827 1,123 1,000,384 480 7222 Limited-Service Eating Places 50,908 27,413,252 4.67 718, 2,394 1,526,546, 732 7223 Special Food Services 11,026 2,512,603 .43 66 371 39,182 19 7224 Drinking Places(Alcoholic Beverages) 2,822 1,275,821 .22 33 132 39,594 19 _ - Total Retail and Food Services 665'279 402 439 718 68.58 10 545 32 986 21,173,875. 10,159 .. - P r 844 551,457_ 7,251 (2,909) (221,221,702) 352/470 _____ Table Retail Stores Opportunity Soquel Canyon Parkway& Los Serranos Country Club-3 Mile Radius Chino Hills, CA 2015 Demand (Consumer 2015 Supply(Retail Opportunity Retail Store Category Expenditures) Sales) Gap/Surplus $828,174,368 $400,458,514 $427,715,854 Total Retail Sales& Eating, Drinking Places Motor Vehicle& Parts Dealers-441 $168,462,973 $13,814,388 $154,648,585 Automotive Dealers-4411 $139,518,700 $921,873 $138,596,827 Other Motor Vehicle Dealers-4412 $17,038,720 $4,876,156 $12,162,564 Automotive Parts/Accessories,Tire Stres- $ 1,905,553 $8,01.5,359 $3,889,194 4413 $16,686,282 $7,507,567 $9,178,715 Furniture Home Furnishings Stores-442 Furniture Stores-4421 $8,859,818 $2,331,66 . $6,528,155 Home Furnishing Stores-4422 $7,826,464 $5,175,905 $2,650,559 Electronics&Appliances Stores-443 $15,275,598 $11,448,105 $3,827,493 Appliance,TV, Electronics Stores-44311 $11,918,976 $10,381,436 $1,537,540 $2,094,327 $1,592,382 $501,946 Household Appliances Stores-443111 Radio,Television, Electronics Stores- $9,8 4,649 $8,789,055 $1,035,594 f 443112 Computer&Software Stores-44312 $3,022,446 $1,065,669 $1,955,777 Camera &Photographic Equipment Stores- $334,176 $0 $334,176 44313 Building Material, Garden Equipment Stores- $85,980,694 $77,359,504 $8,621,190 444 $73,304,306 $76,619,185 -$3,314,879 Building Material Supply Dealers-4441 Home Centers-44411 $29,692,892 $54,943,943 -$25,251,052 Paint&Wallpaper Stores-44412 $1,227,280 $9,142,219 -$7,914,939 Hardware Stores-44413 $7,425,874 $2,560,535 $4,865,339 $34,958,260 $9,972,488 $24,985,772 Other Building Materials Dealers-44419 Building Materials, Lumberyards-444191. $12,728,102 $3,729,758 $8,998,344 Lawn/Garden Equipment/Supplies Stores- $12,676,388 $740,319 $11,936,009 4442 Outdoor Power Equipment Stores-44421 $4,207,645 $56,382 $4,151,263 Nursery&Garden Centers-44422 $8,468,743 $683,936 $7,784,807 Food& Beverage Stores-445 $99,004,949 $35,098,103 $63,906,846 353/470 i Table Retail Stores Opportunity Soquel Canyon Parkway& Los Serranos Country Club-3 Mile Radius Chino Hills, CA 2015 Demand (Consumer 2015 Supply(Retail Opportunity Retail Store Category Expenditures) Sales) Gap/Surplus Grocery Stores-4451 $66,221,132 $32,794,777 $33,426,355 Supermarkets, Grocery(Except $62,275,737 $30,622,089 $31,653,648 Convenience)Stores-44511 Convenience Stores-44512 $3,945,395 $2,172,688 $1,772,707 Specialty Food Stores-4452 $8,372,926 $1,376,364 $6,996,562 Beer,Wine&Liquor Stores-4453 $ .4,4 .0,892 $926,952 $23,483,929 Health & Personal Care Stores-446 $39,641,446 $21,898,754 $17,742,692 Pharmacies & Drug Stores-44611 $31,208,584 $16,160,176 $15,048,408 Cosmetics, Beauty Supplies, Perfume StOres- $2,693,868 $1,285,149 $1,408,719 44612 Optical Goods Stores-44613 $2,221,830 $1,071,61 . $1,150,219 $3,517,163 $3,381,818 $135,345 Other Health &Personal Care Stores-44619 Gasoline Stations-447 $72,746,841 $40,518,272 $32,228,569 Gasoline Stations with Convenience Stores- , , $52,332,975 $38,259,283 $14,073,692 44711 Other Gasoline Stations-44719 $20,413,865 $2,258,988 $18,154,877 $41,871,554 $13,234,912 $28,636,641 Clothing&Clothing Accessories Stores-448 Clothing Stores-4481 $22,336,030 $11,806,994 $10,529,037 Men's Clothing Stores-44811 $1,086,728 $116,188 $970,539 Women's Clothing Stores-44812 $5,023,553 $1,200,699 $3,822,864 $1,314,918 $3,083,422 -$1,768,503 Children's, Infants' Clothing Stores-44813 Family Clothing Stores-44814 $12,009,515 $6,805,37 . $5,204,144 Clothing Accessories Stores-44815 $990,963 $225,795 $765,168 Other Clothing Stores-44819 $1,910,343 $375,519 $1,534,824 Shoe Stores-4482 $3,318,715 $426,907 $2,891,807 Jewelry, Luggage, Leather Goods Stores- $ .. ,216,809 $1,001,012 $15,215,797 4453 Jewelry Stores-44831 $14,602,696 $982,486 $13,620,209 $1,614, .13 $18,525 $1,595,588 Luggage &Leather Goods Stores-44832 Sporting Goods, Hobby, Book, Music Stores- $15,750,070 $8,510,361 $7,239,709 451 Sporting Goods, Hobby, Musical al Instr ment $13,612,603 $6,997,172 $6,615,43 . Stores-4511 354/470 Table Retail Stores Opportunity Soquel Canyon Parkway& Los Serranos Country Club -3 Mile Radius Chino Hills, CA 2015 Demand (Consumer 2015 Supply(Retail Opportunity Retail Store Category Expenditures) Sales) Gap/Surplus Sporting Goods Stores-45111 $7,267,895 $3,560,459 $3,707,435 Hobby,Toy&Game Stores-45112 $3,695,596 $2,377,932 $1,317,665 Sewing, Needlework&Piece Goods $1,266,032 $0 $1,266,032 Stores-45113 Musical Instrument&Supplies Stores- $1,383,00 $1,058,782 $324,298 45114 Book, Periodical& Music Stores-4512 $2,137,467 $1,513,189 $624,278 Book Stores& News Dealers-45121 $1,834,907 $1,508,056 $326,850 Book Stores-451211 $1,641,443 $1,508,056 $133,387 $193,464 $0 $193,464 News Dealers&Newsstands-451212 Prerecorded Tape, CD, Record Stores- $302,56 . $5,133 $297,428 45122 General Merchandise Stores-452 $95,887,129 $26,125,465 $69,761,664 I Department Stores, Excluding Leased $42,159,566 $471,846 $41,687,720 Departments-4521 $53,727,563 $25,653,619 $28,073,945 Other General Merchandise Stores-4529 Miscellaneous Store Retailers-453 $20,227,152 $6,104,934 $14,122,218 Florists-4531 $831,427 $124,690 $706,736 $10,369,438 $3,310,361 $7,053,077 Office Supplies, Stationery, Gift Stores-4532 Office Supplies&Stationery Stores- $4,945,404 $2,671,185 $2,274,219 4532 . $5,424,034 $645,175 $4,778,858 Gift, Novelty&Souvenir Stores-45322 Used Merchandise Stores-4533 $1,807,173 $338,250 $1,458,924 $7,219,114 $2,325,633 $4,893,481 Other Miscellaneous Store Retailers-4539 Non-Store Retailers-454 $69,640,622 $57,637,417 $12,003,205 Foodservice&Drinking Places-722 $86,999,059 $81,200,733 $5,798,327 Full-Service Restaurants-7221 $39,441,105 $24,704,425 $14,736,680 Limited-Service Eating Places-7222 $34,721,565 $56,081,396 -$21,359,832 Special Foodservices-7223 $9,556,321 $393,957 $9,162,363 Drinking Places-Alcoholic Beverages-7224 $3,280,069 $20,954 $3,259,115 GAFO $195,840,071 $70,142,771 $125,697,300 355/470 Table Retail Stores Opportunity Soquel Canyon Parkway& Los Serranos Country Club-3 Mile Radius Chino Hills, CA 2015 Demand (Consumer 2015 Supply(Retail Opportunity Retail Store Category Expenditures) Sales) Gap/Surplus General Merchandise Stores-452 $95,887,129 $26,125,465 $69,761,664 $41,871,554 $13,234,912 $28,636,641 Clothing&Clothing Accessories Stores-448 $16,686,282 $7,507,567 $9,178,715 Furniture& Home Furnishings Stores-442 Electronics &Appliances Stores-443 $15,275,598 $11,448,105 $3,827,493 Sporting Goods, Hobby, Book, Music Stores- 750 070 $8,510,361 $7,239,709 451 $10,369,438 $3,316,361 $7,053,077 Office Supplies, Stationery, Gift Stores-4532 Source:Nielsen,Sept 2015 356/470 i Table Retail Stores Opportunity Soquel Canyon Parkway& Los Serranos Country Club -3 Mile Radius Chino Hills, CA I Estimated Estimated Annual Supportable Supportable 2015 Demand Taxable Sales Potential Square Feet Square Feet (Consumer 2015 Supply Opportunity Per Square Supportable @ Project @ Project Retail Store Category Expenditures) (Retail Sales) Gap/Surplus Foot Square Feet Site Site Motor Vehicle& Parts Dealers-441 $168,462,973 $13,814,388 $154,648,585' n�'a — Furniture & Home Furn.Stores-442 $16,686,282 $7,507,567 $9,178,715 $225 40,794 15,000 - 15,000 - Electronics&Appliances Stores-443 $15,275,598 $11,448,105 $3,827,493 $300 12,758 2,000 2,000 Building Material,Garden Equip. Stores-444 $85,980,594 $77,359,504 $8,621,190 n,a * Food & Beverage Stores-445 $99,004,949 $35,098,103 $03,906,846 $150 200,000 55,000 Health & Personal Care Stores-446 $39,541,445' $21,898,754 $17,742,692 n/a ** Gasoline Stations-447 $72,746,841 $40,518,272 $32,228,509 n/a *** Clothing& Clothing Accessories Stores-448 $41,871,554 $13,234,912 $28,636,641 $300 95,455 10,000 10,000 Sporting Goods, Hobby, Book, Music-451 $15,750,070 $8,510,361 $7,239,709 $150 48,265 25,000 25,000 General Merchandise Stores-452 $95,887,129 $26,125,465 $69,761,664 n/a * .- Miscellaneous Store Retailers-453 $20,227,152!� $6,104,934 $14,122,218 n a Non-Store Retailers-454 $59,640,5221 $57,637,417 $12,003,205 ilia *** Foodservice& Drinking Places-722 $86,999,059 $ 1,200,733 $5,798,.327 $325 ,000 15,000 _ 17,841 � �. Total Retail $828,174,358 $400,458,514 $427,715,854 67,000 Planned Retail - Lewis Santa Barbara Project (15,700) Planned Retail-Golden Retail Project (24,300)• Estimated Retail Square Footage Demand 1 _ - 1 27,000 * Site does not accommodate use (e.g.too small) 'p* Similar retailer nearby(e.g. Rite Aid located next to proposed Trumark Project) *** Not allowed by right in CG Zoning (e.g. Gas Stations require Conditional Use Permit) Sources: Nielsen, & HdL,Sept 2015 357/470 AP, 4........ 1.111,...• - , .,Nk.....-fl'api' li-4 ,...,..._?..'• _ , . . - •... --'..-,,";/- .• ., a , ‘.7'..,;.,-;:-:..'••ii7-711/411"4'' - g. ; ... ilk ..,. r i •, . ... 0!, . .„. ..., ....-. .A . I.- . -' .:,• 1 ,-- 7 .., ...Sirr. A • .‘„ .. .,...„.....„ ..... _, ..„. . .,.... . , . - .....,:, -...,... -.L.- . •I ..,-4;1-' _‘..!..111r: ,.; -.., ;%:-.1' . . :,".•:.:_-, I. 1.1 1 • 1. WI .di 411 ,;,,41 . -'.1.6...- , .... -..,t-- ' ...... ...,, . 1 ...ii,,,`;.. 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CONCRETE WALK —1 V;,2111 r I • ,-,.,.....-,a 000. FOR SIDE YARD 1 Eli 1.1411.1,r' . -1 Miligir.' M Wil ilkW ... 1166VP-Fr INT ACCESS 1 Mininii L.-2, 1— , 1 .,,,_I 1 iffir•mr. I..,im-il - LI- :FOIL 161''' I A STREET , , . SHRUB&GROUND-1 ',__ ' (-- , I •-----e- , COVER PLANTING I 1 1• .: .I !II-3F-.1 1 1 ,_.0— TYPICAL FRONT YARD LANDSCAPE SHRUB&GROUND AREA,TYPICAL i ' PLAN 1 Hje: 944 ' PLAN ,n1,,,,1 - 2 COVER PLANTING 1 1 -di AIL ii 1 ENLARGEMENT FOR SINGLE AREA,TYPICAL 1 2 i ,; WI' SPLIT FACE - FAMILY HOMES SECONDARY PILASTER I 1 . , ri il 1 g I ! STREET TREE, 1 . (•\i; _. !.. .1 . .-- . , TYPICAL '-'-'-' -'"-' II i 'N ''..', .;, .. . c.xo PP'(e` Illi a et ,4'., 0 .. I 1 ii • ..I. ra--Emil.....,' Amu vu.„...... iim =nil T!:'UMARK HOMES TRASH CAN AREA -.,-- ' •-.."' PRIVATE STREET BL 1111. FOR PICK UP Preliminary Landscape Plan. . TYPICAL FRONT YARD LANDSCAPE , R 0 . 1] ENLARGEMENT FOR SINGLE LAM-CAW XILI -LIT Hkt 1 1.1111 PL A N NI N G iggins Ranch FAMILY HOMES in 714.75,1,734k Mir 714,754,N11 SCALE:1"=10"-0" CA 1226 NV 396 _ Chino Hills, CA 17.1.9 ID-11-2014 0' la 7,CY 4L, SHT 3 OF 4 _____ . _. ..__• ••, _ . •• . . . - . _ ,. - _ _ ,... .. • 374/470 ___ 361-Cru 364-0v. 15'-0 1/7 2V-11 1/2' -►� 15'-0 1/214 0'-11 112" ,i, a/o 1111 1 LAW 1. --_--- II` Ip6AI��'�JI ... ---- 14�L 141, ___ _ --- --------------------- - a____..._.__.._.._- -___.___ L 17:-L'o- 1...7., 9 W.1.C. II 3 YardEoo 11 _ , :. -. -----�,,,, f Master -- .M........__ ,.., *ing Ego Kitc:hein Bath tr.. 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Slate'file roof it,_r., ,_.4.'N +. .. , al Sectional Garage Door � �{FI, pi ia 'r;"��, s fir'` a�,' i � �� j _IL MI E ". say-. ., {,� b. �-. -$1.4.;,—,,...* -if,. 6. Vinyl Windows •w,,:=*:1,1'.%' S„ "t ''''t',,, iii h k ;r?, , +..o. Fiberglass Entry Door il' lir 'a� �, ,F,,' r Rt. � •5 Decorative E ula Lights 1,� w i +tri g SII IA w I�r*I iI1I11I '��`1f- ,�'1 , 9, Decorative Shutterswr}'''' �- ��* y i i•li'I'iIi� 11�IV9�l X11 �W�1 I�P_� I I. 1- {. a�'S '1, 4' { ,� ` I H,'_ V3'."'.'�-Y3"'•.'a"`Wd' ,+a•9 'd4 1 J�,{F F 30Po s iei f :1.'- ,..11):.,,:?Fliii'lt.Ili!,i fis Pi:ieCTL....,,Lil[.1:1':,1,1 71 Li.,En Lig-,-1. .03 ,,,.„5!:0,,,,4,0,,,,,,, __, - *4,,,,L. L. L , ,11DELEI ED ,f- --, a.:15 A A ;1"';':L' rf il''11L1 FIE]a= , , Icy{_ CIF A, .. ..#L, - 4 ..- _i lF .4�' - u iii gi y Spanish 141._ [2] En ci i-- .....-: i .P,Jal.... 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Right Elevation Rear Elevation TRUMARK CHINO HILLS PLAN 3 SIDES & REAR D 2 41 r....,. CHINO HILLS,CA lc-MY Group,Inc. lagf ii�g6+11ftattok# Architecture+Manning WA k 041 jurlidkuan ff 17922 Fitch Irvine,CA 92614 1 Ni 'gad 949.881.213 ,41 ktgy.conn rill IN 1 383/470 rH- 17 1,1 ,r— ,1 1--1 [-1 1, .1 , ., , -H - -.... I Loggic 0 > 23,-,3",,17-0" 2? Dining Rooril 1 - _ 131-8",12,e-i H 1 H 1 Master 0 ----- - - ' ' - " -- ---17, \ I 1 I-1 1---r- t__—. -----_ -___ Bath ,- -1.- '=_.-.Ml mai, low Men I I_ 022 1- r---j-1 ri 11_17L., 2, Master i - l Il II . F. 1 .,..), _ ._. wal, Bedroom \ 1- II Fx101:11 1-' 1 I , .'-a,-% 1 I ,. j,,,L.. ,! _ , _ IN-71 ..., i WIC. Eii.'7 E 122,-1 Great Room -1 ' '77'7 Kitchen 21,4 x 1,0 I!X I ,i Ell= 1---''' , I I 1 I 27.0"Lf. 1 CliC 1 IrCI 17 und. 14- i tni-l: - T _ 1 11111111W 0111 1111P E Ji 1 11 , raa L_____ c2__c_w_l_ _1,.,./11 = 1 IIIPPbcp 1 -E0 0 0 --- F-Nli P"1', _ 9 - ' ---, linen ' ' `---1.4ki,j1 , Garage ..- udn I I.—. 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Fa (2-7 -1-,: . 11 Trin lii .7,—_„... ,,-,,,,,,...., .r. �s JE'Y�7a1 *� I I 9I I �.,,.,.,,,r- Cfifig italianate TRUMARK CHINO HILLSPLAN 4 FRONT ELEVATIONS 0 2 A . ....---��-�--•.,....--�Y��-------------w'...,�, <v:�:-:.::::--.:.....�. ....}. ..�..,....,.,.....:..,�,,,,..:.�,:::�.:::�:::.::.........,..................-.... ...... ... ins I I ..-:�t:.�..:.....-%..-......��;;....w..-:�-.:'_. CHINO HILLS, CA KT Y Group,inc. SP p120 as1311044 ar ar�tl+ Archltocture+PIanfing jurhdl€Ilan 4 17922 Fitch Irvine,CA 92614 O. I ki. '",011 949.851.2133 ktg . err RSA Vlx IM 385/470 I Z I* ra V „ , . . 1 7 Ili 1' -.w -11111 w� i•."' 11 II 1 NIIw 14p ..G - Fhl ; I t Left Elevation .^1,;r-v+ 2`-f -'I#I: * 0 1: !,r$, '"4^ l'' " '1'S , r1-4 I4 1010941 IiiI ,^ ^} •I PIPPIR;......, , ifi ; go.. '-....... ., .-mi. , KriirAg . -i-e,•,---4-?to.T:.-...-ii.li,:i7.,- 1,1...,..-1-,-,.H.! . : lottr.....424.,e,... Biii , _... ',: 3,,--.FaaiEE,9id -c,13i_i- iE a,i%, ]]:;11,,...:,..!....- ... - -0-14;I: L ,,,.. 1T-------1 1 i : _11 t rE.._----1-'. 1, iE , ill . _ . ., ,, 1, , ., ,,3_ . -i,1 _____••••••••••••••••.-d I r+.i I I 1 I 1 1 �I. 10 0AgraG ... L i 7---110: E 1 = _ El .............4 ...4........ .. 4_H ..�. .,�_. f' Preva — 6' Privacy —Fence f fence 3 } Right Elevation Rear Elevation A i1 TRUMARKCHINO LAN IDES RE S �....:...�....v.....:. t.......:..:.:.tit....:...:......................:...::............ ... . _._.________.. .______ry--..........vv.v...---..-_.-----_-__ ,..n..,,.,..}.... .......4.t�...{...� .�....................x.. ...�t..#.. .�......�t..�.#....}....t....._x...}#�#..�.¢�it.:_:��$���t.....t,.....t........t.x. .. -......t,..xt..x..t...�..�..xv�.�.�xt��.x::.:...:::.::.:....�}:...__......it.�.......#..t... .�........ ..t..t..... � �� Inc. CHINO HILL, CA up ry ii,,meta anana14 Architecture+Planning lk P. 1 •,.... • Jorlidlrllm# 17922 Fftch rd 1 ti 9 ! Irvine,CA 92614Al' 1 949.881.2133 r kt y.com 386/470 il, I .- p atiycr i -1 I clic En , i i 161IU Opt.Loggia -'4- I N 26.-10"x 17-7 1 i 1 k 4 ,....— , E — .]----1 -=1-----1-----, Dir[rig Room 1 , orm 1 on__ __ 1 I Li. -,...,1 , w• -,\,) I-, 1 , ._.. Master 0 e -- - 0 Both Master ///n,, .1 m.00 II 1 wei Living Room 1 1 del Bedroom 2 -, = -4=i, L BiT2Irci, r4n., , , ,, oript, 1 i flooplace 23.-0"x 17," .-i.- E . , „i_j . I , , , _._ ,..,_.11' E 1- WIC E 00 14111111,111V1 14 7-1'-: 17.471r. -",--___ : I -L.-14L.I 17711 il 11 r 1 1'' 1 - 1 0 1 10 10 1. 11 1 1 11s1eri -' WIC. 1"1 Kitchen b 7 Workshop ---,--- 11 , ._..., -I, _L .._...i.f. -iii, ,, NI 1 1 11,r,7-Er II Bath . i -=.,-r ii,i .. 1111H1 11111 .---I 1 1 ajta.r,r c,rvi5Q i f. . L 2 Ci\-,..Thil r -I-I-1 Li 0 OI Hall Laund. Garage ,> —! 1 `; sow 1 i I I 20,4"x 20,0" 7 1 _ In A II 111 111,1 IT)griPk. Irc--1N-71 I it 1 - 15' - 1---, IIH-1 r---1-L''J2< i 5,-----7,1, ErtrjL--- .ir i ita riL fIC:11 IA 1 LI0I I-1E , I n 1 il T 1', i If-L-=.=,111 ,IIIIII 1 1 • III=I 1 opi,rir.dr,l' , n ' __ '1 ,....„.., L.,.....1 iiiwr Loft !11 E3- I 1 i _ I I I 3 I'II I i • 1 1 • 1 • Porch - -- 111 Forrni.1 Livin / - • Ti...__ -.•. ..L._- 1 rqi L.,A4 I ME B . .rn ( —,r_r I - --- ' ,i 12.-ex 1 3,-7 .. LI , .L. _., .7? I . irEll L'72; 131-4" 13-i o" i 17-io" I 211-2" i 6-8" ji, iwz , dii- 1,- -I -- 4O.-D" , 3 Bedrooms+Loft 2nd Floor Opt.Bedroom 4 and 5 1st Floor 2.5 Baths/Opt.Bath 3 2,930 s.f. TRUMARK CHINO HILLS PLAN 5 FLOOR PLANS ________ 0 2 4 1 1 1 I A - -imr, "MUMMIIIMMIUli. (HIND HILLS, CA KTGY Group,inc. . . . 7 , Architecture+Planning ire n oc,n 11.90,1,114 17922 Fitch Irvine,CA 92614 p-i,tti 949.851.2133 Idgy.corn 1 387/470 i + ,-„Y",,-7.7"..i.''•• 014100 : r , , x . „ „ ^ Material L*gend --150401014.40., r •; �IX'� � I I0 , �'w� �+ Exterior Plater _� '.; ,, �., . N . � . _ ' ot_im : . . im,C m mot' wl � _, it Decorative Gable End J .- 'a', 3. Concrete" "Tile Roof is ti 1 I::`1:`:' r 'I I t #I i : 1111:.::.;.!;_ _ 1. Slate Tile Roof + , ', s ''IP _ —• ,I..... �.'*�` _ ,� �, Metal Sects onal Garage Door :ti:V1h4t*.*,� ,•. i ... ''.=:-...-7- �•''", ' ..• O 6. Vinyl Windows ,ift. 4t•, !Tliii;.. ?..,„'..-' • '-z; ..-.z- :-ry� { • me }. , 7, Fiberglass Entry Doors¢ r•-•:- L . • . ' � � 8. Not Use Artgip,'" ' V t..•i 1! I,,1•00.4,,,,i n• r I I Ili iorri "'-",1• - ill 0 01..1Nr .s' ---- r.. � �A A�11 � w� �I�'ASM 11• 11 A�w A �� i I� rII �'�;"�'''� #,'���,' 1 �r� Decorative Shutters ""' _. 10. Potse lfi 1111l'H,TT:::;,,i,..,,g NNE 5:1;.:,•:1,:::::il .,,,,:.,.,•:Iti[ - Stili i i a EE DEFE• _ { .7.}fit • • or]LILLIE Hi-....--- _ ,,, ......, i,,,,,,._ ,., L Ir L ,- _,pi,}t,„..._.1 +Y - F. ��'t 1 :II m .: �F9wwlilb'.1 -- ....�... .�7.111111'6wVfpfi L.t�,.�i w ---54` I yjDi [-ii LzEl Li It li t i .......... ... 1 ...2211111111111... -"1 1 1 II 1!1 I II II I I I n''''.i.. X111 0I:I n� t I i I "+ll '''''r' '1-- -" " � V I I I I r ; �,I ,,12.,:r.,:-: r'r'.,• r,— ., ,'r".`S'-: _4.0 ■ I I I I I I I#J,+1 1 I I I --74...,c41. ''�' , 1 1 1! Him, III!1 I. . 0''•- ei. l,,..r .;':'.174:-1,.:1.4" : r.,,.,..,..., ,.:1.*}"�••f, � i,, la;II II I!#II Iii IIiI �� �. ,.� ,.{-r„�.,„�, !'' r.,{„ 1' • � III I�I M + 1. } i I i 11I I I ' IFS y. -F-CM r h r+ .,r+1`.+l-I-1.f I F I i I i I!s I I i I} A s S. y ....V.,-2,_.• 1 , . 4.; 40, r*�i ri'-'ic,., _ �r �l-y- 'k/ 5+-o-J4@P o 1,..,..,:-...::,,-,. ,1"� . Kt- l '-tC}. 4 A;140' •- . 1 N1141. ' 41 ,M,,, 1 TUT '1.-thd MI •••• 11 ' 1- '1.1e . roomm ,.,.. in,. 11 or -14T . .•.- "RAI ' 'I' :4, .... lit j m--_, qttomph,- L I 'dr 1,14411.41 _ _,, oriiii,iir.w-..... ,.. ..,. ,„rir .0*,, r .1•14)7 . p k[ - i l • i i i a iii i-i-i iii i J•I x F f.' • - �'}+�'"* r,�L ---„moi 11 1 1 s 1 s I I a l 11 1 S +SrWPRIM { -------------- �1 fi� ISI I a I II II 11I�hl II , ''ti ` I I I I 1 5 , ' I i I I{I I I I I �`' VT, ` . .!,:i1,,,..:"?.....„;,:::.1,.,. imigitrP-'''' ''''‘' 11' .'frl'' ' �+3�5 r" „,,.69.."4,-I. ����Iw a. niII II I I'1.Y I (I II I.�J I� i - i x II I LA 1 AMMON.1 ,0 :ii,,:..:__ 6.:::.:.:4,..::.:::,..E:.!:,:t., r . , .1 , miirnrnr ______. . " •11EIEL 0E11-10 IR,1?', A4b., a ,:k. i.--, ILE = ____ :, :.:...:.: - -•••••- _,,,„.,,f Erin L S I7 , - - Y t 5' , .i LF ii::!:•..:..;) !':EILILIE„,]=1:I 'it'1 ' ' e,,_,,„ _,,,, !.• :„,:,,,.,6: „.. •.,5,-, . 4•_”. JN �W iii i . .„ 1 loHLILLILED Igitill -.�i .,J�_�_ ,,,-,:ii..... I�kMM�ti.Nk6��F��..sn��L�•It w�+. � � �I/F¢wh� 011HLLILI= 14RVIF�'."y111 R.1R',rRbL; . �11�, �.}I: +R Ef.�Y.�r1111111111 ���l Spanish Cottage TRUMARK PLAN 5 FRONT ELEVATIONS 0 2 4 1 A ' ����:,_.-Y-:;..-.•::-_-:�.���t.�#w.x.�.'�-::-:-�...Y,NO HILLS�_t�-.�¢x_......,.--..:.t...��.tt-.-v.:v-_--::-_--.�.t'-:.--:x�._-Y-,vv"..-,..:.:��..¢�,.•..f.�'t--..Y,,--.�--.-..-.-..tw..--....tt.,.....-..<.-x,,.,...x..,,;„...;.�-:...,,,.:k..x:-:-t'_-:'_-:-�-.-�-..--.,..t-..,...n..,.�.�............:......�.��:..�t.:.:-.-.x...:-.:.:.-...-.-,-.'.-----,-.-�.�......,..;-...:.,..:.:-.-..:-�......K....-..,....,.,,.,,.......:.....,. ...t....t.......>,..-..,...-......, ..>.a.- ,.,,.:ns....>.....-...>.,..x .. 141111 .�.,t.v t�x..vv.....t............-.-vt.......t-..x�-.....xx.-�..��,.....-,�-.......�..-...-.....t...-...,-.......,.....-.x.._.vt,t ,..f.v...�....... ...,.xtxx-..-t.x,.-x......#{k.v....-..--:.tt.xx,.,.........„t......... CHINO HIL CA, TI Group,Inc ca 13540 minim 4rch ct a ii lana nat Kara# 17922 Fitch Irvine,CA 92614 949.851.2133 tgy,coni : 388/470 .........574 r"*"..00w. ;„:e,r',,,, ,,,i--- , -4.- •1,,'', ,r.,,,,... 4....d'''I A L • ..... .• - .„...., 1 ,', s. ft.,....__ t:.___1; .1, r; ULL 12--1: .tri_. 1.V-e 1 ±.=_... ,-,---. ...r-ille 1 ,r-eilliAllg 1 511140.4441',.... ormil MAAAIIMA ....A.m. 111MilAl ,_67 .11 IL 1 6' Privacy .—I rice 1 1 1 1 t —I— Left Elevation ,.. —_ex•:•p.g.'I..,--1-4 A..-O 4,7-,.,'-.70[A40-74A0IN..iNM.N4,AA..aa21ilL1moI1-201t*i.t.X-,-."..1.1.1.r4,".10w.-0-0P•301iti11N, ' .-4i.. m.i't".• ,..'„ . •,,,r , ...1 1a r14NI"II,-I-MI-APin..g.. -l- iirrR."I.0..1.4 1”. l'•1"1"1. ' Mie" 2 A . 1St., _ Pr r. • a LA LI LI __LI___L-li1;1Li__Li Li L=J1.;' ..1 ',Ili LI___1: Li LI r.L._ — I__u - _ I f =_,_. _ _ +, _ — ...... ,,,.._,,, , _ '1 .1 1J c_—L..1., 0, 11 ..e3.., -,C-... ,''. .,1 rcIL=._. I I t J - ,........, , ,... ....7..... ........,.... ..- ., J;JJ LI Jai I u Li - 111.,IIM 1 IT ERI 6' Privacy 1 % , 6' Privacy "-- 7 -Fence — „, 7ence I r _...? .._,.. ti 1 1 il, Iv 1 i 1 v 1 v iv Right Elevation Rear Elevation TRUMARK CHINO HILLS PLAN 5 HIES & REAR D 2 4 [ 1 I 1 13 A IMARK _ _ ,.. CIIINO 1.11LLS, CA KTGY Group,Inc. Architecture+Pranning ICAC.i.,i!c-iii linf201.1 L ItIFII.ar: II 17922 Fitch Irvine,CA 92614 . 7 • , 949.851.2133 , i ktgy.com _im Ilimi 1 389/470 i. L r -- -%, -- - -,..-,....--..------- -.-,-.-..-------------------1---.---------I----I'r'TI' I I 11,---r--7711-77,1--1,1'-77--'-'-1-7 7-7,7-'.ii:•----i'''''r':i1---77-T----"1:1-:--1-117;:-'7,r-'). '. Match Line -- ICif--ir-1 -.1i'118_,,,--ie F-- AIllkir,-1 ViilEll'tt-,-- i 9.11[!11[3 ,1', ,...i„-,,,,4. r72?-;14.1.?,11,j, its...'I..1`1:111,L..04, ...:,1 r,Ii".i 1_,,,,:ri]!,......,,,f..1 .',1 .ir ii..-.la .-. i,....-. -.':. ..-- ..,-1 r.--ji, --,i-.ki, •-• 1.-i,. - 1 pi- . - -,...-,, ,....--, ,.'-1 1 If .1- q - -- I 1 '--- See Detail 1 t— '''''' ''' I I ' I II F 0 -- ukS.TI7INGG—\ , . . 1 .1, -1 ._ L'.. 7-7-1=-1%,-2._r____= _ ,-°-- ',-L-. . . ....-,-'.'--' - I . , 1, mi ., . . a .1„, . m _ r„. imm..„,...,,,.,...,. LOW WATER-- — iir'1 1'11 ip--, ,. 0 , "' LAN DSCA.1-11 PLAN-LINO 1 j 4 . t' ' ' 1 ' j''WO fa-'..'4 III --Ei.- irt° ' ' I . .' ' It alit 6 1 1 1 -1'4--r ' . ,--r... - . 141411 -- . *- .. . .. . - . - .-* . , -el db- . r)--.,,---- -411 . ' __,,..4... 1151 ,:-.- 44, , 14 r- .ri.. . . . i , •, . .. tL, r—. if. pi :...••• NO-MOW CRASS.IYPICAL- i i -1---r. ..."-tt'''-•-•,,........ ,,, __„_,. _L. -C -.J. r-- '1 - . ':i - , •A STREET i- ::---T—_—\--:,, -,--7- ,,- „.. , ri• , -\----iv-----., 01 —0 I- 4, , j111 i 1 T , _ _ _ ,....,.. .,._ -.>...._:__..,,,,...,:...._....._.__. _-----.. _ I .... ....1 r- •, ' . _....._.„...... ..............------' PEDESTRIAN CONNECTION ,,..i i 11'11 ronxisTiNa COMMERCIAL i' '; •-- _ ' , , , _1 E,----- ---vii'r"- ——'"'.-'''''i''...',.,, gii-'---,1, , 1----t• .--.-----, I . , , ____----•-""----C'"----4-----11 - USE " ! ,,_•---,-„,. r i..,. , . ......... ..,,,,.........."...r I. 0, ....,..046 ....,,,,,,...., i,.I.,. _......„...........1i,,.. ..__. .... p Mil OP I.. Mi . i , ..,, ________ ,___i ..1. ,_ _,..,,e, .1 ill 1112-------- . ' . ' 'CI 1'11-ij r•ill i'' ,1,1riell II II .., Air Ell III. IIIII 111111 Iii_ Nil '..,)t" 0 ' ' -,I .1---r 1 1-i- ' ,, ... ..,..'I IL, air iii,„ , -I... . .., . . .. ., crii. .,-.. •-...'...- ., ,i.i .., ; ) 1 .4,,,..zri„..' I lit. ,.• ,,,i6 il ,,,,,,,,,_ - I i ' • 2:,„!Its•P:- ii• '111.1=, / '':fil'-i-- :.:1:,...0110 (.;*I pil, lam pi in poi.ipil ip pi .-1.15,_ — —i„, \,... -.. .i.mEr[III _tilciAl..,... .4.:4,- ▪ E __ _____ IN illq 1= il -Li 1 -- : , .4—_,,7,- L _L_J 1 w °ur ,..1---- • '---,- ' -' . PRIVATE-SI-RCM"r, , - -/—il __ , ex ft,'•11110 . " Ul-lir I , -11;,•+-47.;-0 --='.:0,:. --Le 61. CO Fe_,,,, - Yo -.r-, _,oi ot GA i,A, 14111. i th_L14L4_1 it LI_1.11LI v. ) . . . mogios . pri_o ,,,,, . . 1 e '4 1' Pr-kkrikucy _. . 1) 6 — }-'—'-`-''.. '.•-. ri .47.1.,,,,,.' _J., Wl.-. ..,-". U. Mhil. ,,,,,, 1 It:l'Alg :: ...,,, • .1 ---, rin i. '. ' . lii 111 r• gi. F a,- 'veil imq -1- =a .....-...., , , " 1. • \:1 1! ' ) will 451:1•1 hk, . ii :4/. __---- ,,, ------ ____ '/:.''''` --ril - , ' • 4.---va-- -- icr.. .-.,,I,.,. ! VIr.4741174574-0 L' im jil ----- -- ill .i _..:,;___-_S0_,_?1,Tr.F.L_ CA, 0__N..P_AP.,..K__WAY -__47--....,..,_ •cmeroN 7_ r -w, '-731.1'"g- --- ---' --- i - - -- . _ _,..__ / - P ...., :., ...., ,.. ....;--,,InliTimp.,.....-....... - \ ,-_ .... - ..- '-'•----.- - —- .2,-'4--_4'....:_____,-----.----- .-.,.. - -- 1 " - - ---- - --7- :=-:::-7.:..._ - _ __:* -_,_ - ---•::-----------.1-_..7.;_._. ...... ........._... •-"Tr.---.,. _„_.....,_,_ _... _.. -:7:..7.72.:.1=:::7.:,.:::::- N: ."- _.: - -." i - 7'••-• -------. ----- —_—_—_—_—_—_,____,-..-__ • ENRICHED CONCRETE Immo MONUMDIT SIGN/STONE WALL& ,7,.-----;,,, TE I OA E PILASTERS WI VINE ARBOR F ot,,.. I NOTE., EERIMITIT.R.LOW WATER — LANDSCAPE PLANTING DRY CREEK fl FOR PEo3ver RUN-OPP TOTAL LANDSCAPE Artr.A EXCLUDING EDISON pAsai ENT LS 143,693 SF I EDISON FIASEMENT 30%DO TRAIL,70%ORM°PUN SPACE \ \ III EG END ,\\' •Iric e:-.....714:41N.,:'::::-,,/. London Homo Tr= ‘a •-<,, \= \ a. . _ frbt /... LEWIS ATER.WilDSCAPE PLAN-TIN! (7:4)!',71,1 ,..11,ri CloUcm pareinorn Au.11,nn VIM. , \ N -, 1,, ,11....* ".. '.... rignelA chiming! ChIneve PiNtsche \ • , 'V; 1,411 '''..2......, pro: 0MM CHANITH lit AIL 10 TrIstruLla conraro, Liiiisa.lie iit.T 1101.11,DEIM,TYTICAL Liquid Ambartyrnelflurt Rqiundl:the 4111.1i, • ,, Aid,/...1 iii. ...... ,, C.C10.eteldenta t Is'S,d,' Wcsirrri Uedbkid SEATING AREA,re MAL'' (..':) LeLenitrurernia Indio!'x mutinrce oxpo 'Lick Clem' Mannello :. ir ..., d>, :4):411,e411/6, , .....,,, Priiniti C.craslre. ['wok Leaf Muni .., ' S JCPN:e4",:eNK‘041.11' 1 4., \ , Iiii I .Aletru.kra• ACCENT TREES .,,,,,,)Mi.aldericrr Afgbin Pima TRUIVIARK HOMES \:" 4410":".'%2'' :IP K ' , "I",,,,..7. ,'.. ..,4* , ,tt,-,,,` / . 1 .t-,-, 0,...u.,VIrnfoline Southern Live oak Preliminary Landscape Plan k. it _ . . .,•.---) 3nerinuido MIreoltrnleL .„,, e mmtch cidohic erect time(tom 4.r.oitt rot H.1 a gins Ranch . i' . in _ --7---r 1--\TY,-•- / ..,,,, ,,,:!.., , , ---- ---, , --..-_-.----,7, .___, , silIVETS Luiutioreemen. corium!midi rim Torch,,u{,e Natal Murn ennothu,gen.liodlontal/aCiVernitta LA= It) Chin0Hills,CA Mk= ',not..Point. --. ",4-7.,'. --- 1-nrowitn.montorktenals rwrile Trillion Lavender .......•.“ Detail 1 ..higliborulannthNTSeimeri Urittlielmtei MiilikY 1 ii........... ......_„.. ,.... ..... N - - --- / . 3901470-- —_ _ • -. • • - _ • • . 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TENTATIVE TRACT MAP NO, '. mlliuzng g.pa icp ar.i.Aix wawa.ma km raw caN a mil.oaen?vas mart,.rrr FlerlimioN wax % 1 — .r KLEERMIEEM KATCHALL PILTRAMON OTITEMI I OR APPROVED EOM- CI , 'CATCHALL PUR-EsTiatmiTh Lido-FILTRATION PRELIMNA 1.4.4.-ro-LAu. b IIINAJ WU; ...II- ' wATER QuALITy mANAGEmENT F,L : E310-RLITIATION_SYMA PLIRESTREAMEIIIRAIION SYSTEM CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIF( MONTY MAP in Arrpoixo mum_ SF NV ill,SUL I- ' -''' ... I : 39b/4 I U - e0740500ROV. , ....%.,...,.,.......,.„„„„......„-„„„„--„„„„..-. ........_______.. ................___________________----„-- ..-----..._-_______________....._____________________________...„„...„----------- „„ „ -„ „ -----------------.....--------------.....---------------- •-•-•-••••••••••••••----------•-••-••-•-••-----••-•••,---,•_-_-_-___________________________________.„....‘,„..„,...,........,......,_____________ Final Mitigation Monitoring and Reporting Program Trumark Homes Mixed Use Project Prepared by: City of Chino Hills Community Development Department 14000 City Center Drive Chino Hills, CA 91709 Contact: Eduardo Schonborn, Contract Senior Planner (909) 364-2769 Prepared with the assistance of: Rincon Consultants, Inc 180 North Ashwood Avenue Ventura, California 93003 January 2016 EX 41170 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program This document is the Mitigation Monitoring and Reporting Program(MMRP) for the T u ark Homes Mixed Use Project,proposed in the City of Chino Hills. The purpose of the MMRP is to ensure that the required mitigation measures identified ire the Initial Study-Mitigated Negative ative eclaratio IS-MN are implemented as part of the overall project implementation. In addition to nsurir implementation of mitigation measures,the MMRP provides feedback to enc staff and decision-makers during ro'ect implementation,and identifies the need for enforcement action before irreversible environmental damage occurs. The following table summarizes the mitigation measures for each issue area identified inthe IS- MND for the proposed project. The table identifies each mitigation measure;the action required for the measure to be implemented;the time at which the monitoring is to occur;the monitoring frequency;and the agency or party responsible for ensuring that the monitoring is performed. In addition,the table includes columns for compliance verification. These columns will be filled out by the monitoring agency or party and would document monitoring compliance. Where an impact was identified to be less than significant,no mitigation measures were required. This MMRP will be used by City staff or the City's consultant to determine compliance with permit conditions. Violations of these conditions may cause the City to revoke the operating permit~ ry ry City of Chino Hills MMRP-2 397/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program When Monitoring Monitoring itorir g F esponsible .�. l igation Measure Action Required to occur Frequency Agency or Compliance Verification g Party_ Initial Date I Comments AIR QUALITY AQ-1 Construction Equipment Controls. During site Submittal of a construction Verification of Once prior to 1 City of Chino preparation,the project applicant shall demonstrate to equipment list and engine grading;field Hills the Community Development Department that all heavy verification that all heavy specifications on verification Community equipment with an engine rating of 125 horsepower or equipment with an engine construction periodically Development greater shall be compliant with CAR /EPA Tier lii rating of 125 horsepower equipment list during Department emissions standards or better i.e.Tier Ill, or Tier IV). or greater complies with prior to issuance construction. and project Requiring large equipment used during site preparation CARIB/EPA Tier Ill of grading permits; applicant. to comply with Tier Ill or better emissions standard will emissions standards or field verification reduce NOX emissions to less than the significance better;field verification of during threshold. - - compliance. - construction. AQ-2 Dust Control. During construction activities,the Verification that Verification of Once prior to City of Chino project applicant shall demonstrate to the satisfaction of construction practices l fugitive dust grading;field Hills the Community Development Director,that the project comply with SCAQMD control verification Community 1 complies with SCAQMD Rule 403 in addressing fugitive Rule 403 and implement construction periodically Development dust emissions.Table 1 of the Rule specifies Best Best Available Control practices prior to during Department. Available Control Measures that must be implemented 1 Measures as and include issuance of construction. where applicable.This includes adequate watering of the 1 as notes on grading grading err its; site to reduce fugitive dust emission. Implementation of permit; Field verification of field verification these measures will reduce fugitive dust emissions compliance. during durinurading to less than the significance threshold. — construction. BIOLOGICAL RESOURCES Bl0-1 Worker Environmental Awareness Program If sensitive wildlife are Prior to any I Once prior to City of Chino (WEAP). If sensitive plants or wildlife are observed observed during a construction 1 any Hills during the protocol burrowing owl surveys or the pre- protocol burrowing owl activities;field construction Community construction breeding bird survey, a qualified biologist survey or the pre- verification during activities;field Development shall prepare and conduct a Worker Environmental construction breeding bird construction. verification Department Awareness Program(WEAP)that will describe the survey,as part of periodically and California e biological constraints of the project prior to project Mitigation Measures BIO- during Department of construction activities.All on-site personnel who will work 4 and BIO- ,verification construction. Fish and within the project site will attend the WEAP prior to that a qualified biologist Wildlife performing any work.The WEAP shall be administered to has conducted a WEAP (CDFW). all on-site personnel regarding the results of the pre- and that all on-site construction surveys,sensitive biological resources personnel who will work potentially present on the site, restrictions, avoidance within the project site have and protection measures, mitigation measures(if any), signed a form stating that and individual responsibilities associated with the project. they attended the rMMRP-3 City of Chino Hills 398/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program When Monitoring Monitoring �.W., Responsible Mitigation �ti ation Measure Action Required to Occur Frequency enc Compliance Verification Agency or Party Initial Date Comments The program shall include the steps to take if workers program,understand all encounter a sensitive wildlife species i.e.notifying the protection measures,and biological monitor or the construction foreman who shall will abide all the rules of then notify the biological monitor).Training materials will the WEAP. Field be language-appropriate for all construction personnel. verification that new Upon completion of the WEAP,workers shall sign a form construction personnel stating that they attended the program, understand all added to the project later protection measures, and will abide all the rules of the have received WEAP WEAP.A record of all trained personnel shall be kept training and signed the with the construction foreman onsite. If new construction form before they start personnel are added to the project later,the construction working. foreman shall ensure that new personnel receive training before they start working.The biologist shall prepare and provide written hard copies of the WEAP and photos of the sensitive biological resources and ecologically sensitive areas to the construction foreman. B10-2 Biological Monitor, If sensitive wildlife are If sensitive wildlife are During ground Throughout City of Chino observed during the protocol burrowing owl survey or the observed during a disturbing construction Hills pre-construction breeding bird survey, a biological protocol burrowing owl activities(grading period when Community monitor shall be on site to monitor all activities that result survey or the pre- /site preparation). ground Development in the clearing or grading of areas known to contain the construction breeding bird disturbing Department sensitive biological resources to ensure that impacts do survey,as part of activities occur. and FW. not exceed the limits of grading and to minimize the Mitigation Measures B10- likelihood of inadvertent impacts on special-status 4 and B1O-5,a wildlife species.Where appropriate,the biological monitor shall biologist shall be on-site to mark/flag the limits of sensitive areas to restrict project monitor areas known to activities near the areas.These restricted areas shall be contain the sensitive monitored to protect the species during construction.The biological resources biological monitor shall ensure that all biological during ground disturbing mitigation measures, BMPs,avoidance and protection activities.After completion measures described in the relevant project permits, of the survey,the approvals, licenses, environmental reports, and CEQA Community Development documents,are in place and are adhered to. Monitoring Department will verify that may cease when the sensitive habitats have been a monitor is onsite, if cleared or impacted. required. The biological monitor shall have the authority to temporarily halt all construction activities and all non- emergency actions if special-status species are identified and would be directly impacted.The monitor shall notify the appropriate resource agency and consult if needed. If Cif),of Chino Hills TVIMRP-4 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program When Monitoring onitorin — ResponsibleMitigation Measure Action Required to occur Frequency Agency or Compliance Verification ------------ -- Pay Initial Date Comments needed, and if possible,the biological monitor shall relocate the individual outside of the work area where it would not be harmed.Work could continue at the location if the project proponent and the consulted resource agency determine that the activity would not result in impacts on the species. The appropriate agencies shall be notified if a dead or injured protected species is discovered within the project site.Written notification shall be made within 15 days of the date and time of the finding or incident(if known) and must include:location of the carcass, a photograph, cause of death (if known), and other pertinent information. Bi General Wildlife Avoidance and Protection Require wildlife avoidance Prior to issuance — Twice prior to City of Chino Measures.The project proponent shall implement the and protection measure of building and issuance of Hills following general avoidance and protection measures to as notes on building and grading permits. t building and Community protect wildlife,to the extent feasible: grading permits.Field Periodically during grading Development verification that avoidance construction. permits. Field Department. a. To minimize construction-related mortalities of and protection measures verification nocturnally active species such as mammals are implemented during periodically and snakes, all work should be conducted construction period. during during daylight hours. Nighttime work(and use construction. of artificial lighting)shall not be permitted unless specifically authorized. If required, night lighting shall be directed away from any preserved open space areas to protect species from direct night lighting.All unnecessary lights shall be turned off at night to avoid attracting wildlife such as insects, migratory birds,and bats. b. If any wildlife is encountered during project activities, it shall be allowed to freely leave the area unharmed. c. Wildlife shall not be disturbed,captured, harassed, or handled.Animal nests, burrows and dens shall not be disturbed without prior survey and authorization from a qualified biologist. d. Active nests shall not be removed or disturbed. Nests can be removed or disturbed if determined inactive by a qualified biologist. rr MMRP-5 City of Chino Hills 400/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program When Monitoring Monitoring Responsible ponsible ComplianceVerification Action Required to occur Frequency Agency or Mitigation Measure Party Initial Date Comments e. To avoid impacts on wildlife,the project proponent shall comply with all lifter and pollution laws and shall institute a litter control program throughout project construction.All contractors,subcontractors, and employees shall adhere to this program.Trash and food items shall be disposed of promptly in predator- proof containers with resealing lids.These covered trash receptacles shall be placed at each designated work site and the contents shall be properly disposed of at least once a week_Trash removal shall reduce the attractiveness of the area to opportunistic predators such as common ravens, northern raccoons,Virginia opossums,and coyotes. f. Contractors,subcontractors, employees,and site visitors shall be prohibited from feeding wildlife and collecting wildlife. g. To avoid the potential for mortality and harassment of wildlife, all non-security related firearms,weapons,and domestic dogs shall be prohibited from the project site. Biome Burrowing Owl purvey.To assure avoidance of The results of the pre- Survey prior to Survey once City of Chino of prior to Hills species prior to construction, a qualified construction surveys ofissuance permits; issuance of Hills Community impacts to the p conduct reconstruction surveys burrowing owls shall be grading p duringgrading permits; Development wildlifefthebiologist shall pMonitoringDepartment e activef the permanent and temporary impact areas to locate submitted to the round disturbing Monitoring or winteringburrowing owl burrows no CommunityDevelopmentg (grading throughout and CD�- breeding ion.The survey Department prior to activities more than 14days prior to constructs issuance of grading /site preparation). construction methodology will be consistent with the methods outlined burrowingowls period when tithe CDF V Staff Report ort on Burrowing Owl Mitigation permits.. If ground d esults of the pre-construct surveys shall are detected onsite,a disturbing 0'1 .The rg iwildlife biologist shall be be documented and filed with the City's orr�rnunity _ nitor anyactivities occur. Department within five days after the on-site to mo Developmentp survey. If no active breeding or wintering owls are potential burrowing owl identified, habitat duringground no further mitigationis required. disturbing activities and to If burrowing owls are detected onsite,the following implement measures mitigation measures shall be implemented in accordance recommended by CDFWs Staff Report on Bum wing Owl Mitigation Staff Report on Burrowing (2012):With the CDFWOwl Mitigation(2012). qualified wildlife biologist shall be on-site F y of Chino Hills i�1IlE�P- 401/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Rt quires to occur Frequency Agency or iti gat Party Initial Date Comments during initial ground-disturbing activities.A "qualified biologist"for the purpose of this mitigation is defined as individuals who meet the following minimum qualifications: o Familiarity with the species and its local ecology; o Experience conducting habitat assessments and non-breeding and breeding season surveys,or experience with these surveys conducted under the direction of an experienced surveyor; o Familiarity with the appropriate state and federal statutes related to burrowing owls, scientific research, and conservation; o Experience with analyzing impacts of development on burrowing owls and their habitat, • No ground--disturbing activities shall be permitted within a buffer no less than 200 meters(656 feet)from an active burrow, depending on the level of disturbance, unless otherwise authorized by CDFW. Occupied burrows will not be disturbed during the nesting season (February 1 to August 31), unless a E qualified biologist verifies through noninvasive methods that either: (1)the birds have not begun egg-laying and incubation;or(2) juveniles from the occupied burrows are foraging independently and are capable of independent survival. • During the nonbreeding(winter) season (September 1 to January 31),ground-,disturbing work can proceed near active burrows as long as the work occurs no closer than 50 meters (165 feet)from the burrow,depending on the level of disturbance,and the site is not directly affected by the project activity.A smaller buffer may be established in consultation with CDFVV. If active winter burrows are found that would be directly affected by ground-disturbing activities, r owls can be excluded from winter burrows F 402/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program When Monitoring Monitoring Responsible Compliance Verification MitigationMeasure l ctia Required to occur Frequer cl ,Agency or Party Initial Date Comments according to recommendations made in the Staff Report on Burrowing Owl Mitigation(2012) (i.e.,through installation of one-way doors). • Burrowing owls shall not be excluded from burrows unless or until a Burrowing Owl Exclusion Plan is developed by a qualified biologist based on the recommendations made in the Staff Report on Burrowing Ow!Mitigation (2012)and submitted to the City's Community Development Department and the local CDFW office for review and approval.The plan shall include,at a minimum: o Confirmation by site surveillance that the burrow(s)is empty of burrowing owls and other species; o Type of scope to be used and appropriate timing of scoping; o Occupancy factors to look for and what shall guide determination of vacancy and excavation timing; o Methods for burrow excavation; o Removal of other potential owl burrow surrogates or refugia on-site; of o Methods for photographic documentation the excavation and closure of the burrow; o Monitoring of the site to evaluate success and,if needed,to implement remedial measures to prevent subsequent owl use to avoid take; o Methods for assuring the impacted site shall continually be made inhospitable to burrowing owls and fossorial mammals. • Compensatory mitigation for lost breeding and/or wintering habitat shall be implemented on-site or off-site through implementation of a Mitigation Land Management Plan prepared by a qualified biologist based on the Staff Report on Burrowing Ow!Mitigation(CDFW 2012) guidance and submitted to the City's Community Development Department and the local CFDW office for review and approval.The • City of Chino Hills 403/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program Mitigation Measure ure Action Required when Monitoring Monitoring Responsible t occur 'requercy Agency or ComplianceVerification Party Initial Date-1 Comments plan shall include the following components, at a minimum: a Temporarily disturbed habitat on the project site shall be restored, if feasible,to pre- project conditions,including decompacting soil and revegetating; o Permanent impacts to nesting,occupied and satellite burrows and/or burrowing owl habitat shall be mitigated such that the habitat acreage, number of burrows and burrowing owl impacted are replaced based on a site-specific analysis which includes conservation of similar vegetation communities comparable to or better than that of the impact area,and with sufficiently large acreage,and presence of fossorial mammals; o Mitigation land acreage shall not exceed the size of the project site; • Permanently protect mitigation land through a conservation easement deeded to a nonprofit conservation organization or public agency with a conservation mission. if the project is located within the service area of a CDFW approved burrowing owl conservation bank,the project operator may purchase available burrowing owl conservation bank credits. o Fund the maintenance and management of mitigation land through the establishment of a long-term funding mechanism such as an endowent. o Mitigation lands shall be on,adjacent or proximate to the impact site where possible and where habitat is sufficient to support burrowing owls present. B10-5 Nesting Birds.To comply with the MBTA and the If initial ground disturbing Survey prior to Survey once City of Chino California Fish and Game Code, and to avoid and reduce activities occur during the issuance of prior to Hills direct and indirect impacts on migratory non-game breeding bird nesting grading permits; issuance of Community breeding birds, and their nests,young, and eggs to less season,then a qualified Field verification grading permits; Development than significant levels,the following measures shall be _ biologist shall perform a prior to grading. Field Department MMRP-9 City of Chino Hills 404/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program Mitigation a re Action Required When Monitoring MonitoringResponsible Compliance Verification o Occur Frequency Agency or Party Initial Date I Comments implemented. nesting bird survey with verification and CDFW. results submitted to the periodically a. Initial project activities shall be scheduled City and CDFVV. If active during outside the breeding bird season, if feasible. bird nests are located construction. The breeding bird nesting season is typically during the pre- from February 15 through September 15, but construction survey and can vary slightly from year to year, usually could be impacted,field depending on weather conditions. verification of buffer b. if initial project activities cannot be avoided zones. during February 15 through September 15, a qualified biologist shall conduct a pre- construction survey for breeding birds,and active and potential nesting sites within the limits of project disturbance up to seven days prior to mobilization, staging and other disturbances.The survey should end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance. c. If no breeding birds or active nests are observed during the pre-construction survey or if they are observed and will not be impacted, then project activities may begin and no further breeding bird monitoring would be required. d. If an active bird nest is located during the pre- construction survey and potentially could be impacted, a no-activity buffer zone shall be delineated on maps and marked by fencing, stakes,flagging,or other means up to 500 feet for special-status avian species and raptors, or 100 feet for non-special status avian species. The limits of the buffer shall be demarcated so as to not provide a specific indicator of the location of the nest to predators or people. Materials used to demarcate the nests shall be removed as soon as work is complete or the fledglings have left the nest. CULTURAL RESOURCES CR-I Unanticipated Discovery covery of Cultural Resources. Verification that a Verification prior to Verification City of Chino Archaeological and Native American monitoring shall be qualified monitor has issuance of prior to Hills conducted for all ground disturbing activities within the ; been retained;field radinperrnit issuance of Community MMRP-10 City of Chino Hill 405/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program iti ati n Measure ure Action Required When Monitoring nits ung Responsible Compliance Verification to Occur requer cy Agency r e cation ' Party Initial Date Comments project site. Monitoring shall be performed under the verification of monitoring. Monitoring during grading permit; Development direction of a qualified archaeologist meeting the Secretary Halt work in the ground disturbing Monitoring Department, a of the Interior's Professional Qualifications Standards for immediate area if any activities. throughout professional archaeology(National Park Service 1983). If cultural cultural resources are construction archaeologist, resources are encountered during ground-disturbing encountered during period when and project activities,work in the immediate area must halt and the find ground disturbing ground applicant. must be evaluated by the qualified archaeologist. activities and disturbing Depending upon the nature of the find,if the discovery archaeologist to evaluate activities occur. proves to be potentially significant under CEA,as the find. determined by the qualified archaeologist,additional work such as on site monitoring by a qualified Native American Tribal representative,data recovery excavation,avoidance of the area of the find,documentation,testing,data recovery,reburial,archival review and/or transfer to the appropriate museum or educational institution,or other appropriate actions may be warranted at the discretion of the qualified archaeologist.The archaeologist shall complete a report of excavations and findings,and submit the report to the City of Chino Hills.After the find is appropriately mitigated,_work in the area may resume. CR-2 Unanticipated Discovery of Human Remains. If Require as note in Prior to issuance Once prior to City of Chino human remains are found during ground disturbing grading permit. Halt work of grading permit issuance of Hills activities,State of California Health and Safety Code in the immediate area if and during ground grading permit Community Section 7050.5 states that no further disturbance shall any human remains are disturbing activities and throughout Development occur until the county coroner has made a determination of encountered during construction Department, origin and disposition pursuant to Public Resources Code ground disturbing period when project Section 5097.98. In the event of an unanticipated discovery activities and contact the ground applicant, San of human remains,the San Bernardino County Coroner County coroner. disturbing Bernardino shall be notified immediately. If the human remains are activities occur. County determined to be prehistoric,the coroner shall notify the Coroner, and Native American Heritage Commission(NAHC),which the NAHC (if shall determine and notify a most likely descendant(MLD). necessary). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. CR-3 Retain a Qualified Paleontologist Prior to any Verification that a Prior to issuance Once prior to City of Chino grading on the project site,the project applicant shall retain qualified paleontologist of a grading issuance of Hills. a qualified paleontologist to prepare and implement a has been retained. permit. grading permit. Paleontologic Resource Impact Mitigation Program to reduce direct and indirect adverse paleontologic impacts IP MM P-11 City of Chino Hills 406/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program MeasureMitigation Action RequiredWhen Monitoring Monitoring Responsible 1 to occur Frequency Agency or Corrtplrance rification Party Initial Date Comments on the project site,specifically during earth-moving activities.Said program shall provide for: 1)the recovery of some scientifically p highly important remains,should any be encountered by such activities;(2)their comprehensive treatment and transfer to a recognized museum repository for permanent storage and maintenance; the recording of associated specimen data and corresponding geologic and geographic locality data and their archiving at the repository(4)ensure the availability of the remains and data for future study by qualified scientific investigators;and shall be in place prior to any project grading activities. Paleontological Resource Impact Mitigation Verification that a Prior to issuance Once prior to City's Program.The Paleontological Resource Impact Mitigation qualified paleontologist of a grading issuance of Community Program shall be prepared and implemented by a has prepared a permit. grading permit. Development paleontologist approved by the City's Community Paleontologic Resource i Director and Development Director and the Los Angeles County Natural Impact Mitigation the Los History Museum(LANHM)or San Bernardino County Program for Angeles County Museum Division of Geological Sciences SM . implementation. Natural History Museum LANHM or San Bernardino County Museum Division of Geological Sciences (SBCM). CR-5 Paleontological Monitoring.All earth-moving Verification that a Verification prior to Verification City of Chino activities shall be monitored by a qualified paleontologist to qualified monitor has issuance of prior to Hills allow for the discovery and recovery of larger fossil been retained;field grading permit; issuance of Community remains.Said monitoring shall be implemented on a full- verification of monitoring. Monitoring during grading permit; Development time basis once earth-moving activities have reached a ground disturbing Monitoring Department,a depth of 3.5 feet below the previous ground surface and activities, throughout qualified only in those areas of the project site where such activities constructionaleontolo ist, p g will disturb previously undisturbed strata in the younger period when and project alluvium.Monitoring will not be required in areas where the I ground applicant. younger alluvium will not be encountered below any disturbing artificial fill,or where the unit will be buried,but not activities occur. otherwise disturbed. — 1 rMMRP-12 City of Chino Hills 407/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program - When Monitoring Monitoring Responsible W Mitigation Measure Action Required to Occur Frequency enc or Compliance Verification _ Party Initial DateI Comments CR-6 - -Recovery of Fossil Specimens.All fossil Verification that fossils During ground 1 Throughout City of Chino specimens recovered from the project site as a result of found during disturbing ground Hills implementation of the mitigation program shall be treated implementation of activities. disturbing Community (prepared,identified,curated,cataloged)in accordance Paleontologic Resource activities. 1 Development with designated museum repository requirements_ Impact Mitigation Department, a Program are treated in qualified accordance with paleontologist, ,, designated museum and project repository requirements. 1 applicant. CR-7 aintenance of a Daily L .A daily log shall be Verification that a daily At completion of Once at City of Chino kept that includes the particular tasks accomplished,the log has been prepared ground disturbing completion of Hills E earth-moving activity monitored,the location where . during implementation of activities. ground Community monitoring was conducted,the rock unit encountered,the Paleontologic Resource disturbing Development fossil specimens recovered,and associated specimen data Impact Mitigation activities. Department,a and corresponding geologic and geographic locality data. Program by qualified qualified paleontologist and paleontologist, submitted to the City. and project , applicant, CR-8 Prepare a Final Paleontological Report.A final Verification that a Final At completion of Once at City of Chino technical report of the results and findings of the Paleontological Report ground disturbing completion of Hills paleontological investigations shall be prepared by the has been prepared and activities. ground Community paleontologist and submitted to the City. submitted to the City for disturbing Development review and approval, activities. Department, a qualified paleontologist, and project a2plicant. - TRANSPORTATION/TRAFFIC T-1 Traffic Improver ents. Payment of fair share Improvements to Once prior to City of Chino toward Central Avenue at be implemented or issuance of Hills (a) Central Avenue at El Prado Road in the El Prado Road fees to be paid occupancy Community ' City of Chino: Provide necessary improvements improvements in the City prior to issuance of permits. Development on the southbound approach on Central Avenue of Chino. Construction of occupancy Department, to provide a second left-turn lane. Modify the improvements at Central permits. City of Chino existing traffic signal and existing striping Avenue/Soquel Canyon Hills accordingly and install all necessary roadwork Parkway at Fairfield Ranch Engineering striping, pavement markings and signs per the Road in the City of Chino Department, City of Chino Standard Design Guidelines. Hills. Should the City of Chino Pursuant to subsequent discussions with the City improvements be installed Community of Chino,as documented in the December 1, by another developer prior Development . rMMRP-1 3 City of hin Hills 408/470 Trumark Homes Mixed Use Project Mitigation Monitoring and Reporting Program • Whenonitorii ng Monitoring Responsible itiMgrati n [measure Action Required to occur Frequency uerxcy er�c - Compliance Verification Party Initial Date Comments 2015 memorandum from Project traffic consultant to occupancy of the Department, Richard E. arretto, P.E.,Principal Linscott, Law Project,then the applicant and project Greenspan, Engineers to Eduardo Schonbom, shall pay fair share fees as applicant. Contract Planner, City of Chino Hills,this determined by the City mitigation measure is consistent with the City of Engineer to the developer Chino recommended improvement at Central that constructs these Avenue/El Prado Road is identified as Project improvements. No.TR-34 in the Development Impact Fee Nexus and Calculation Report for the City of Chino Sub- area II dated April 2004.The Project impact to this intersection is cumulative for 2018 conditions. Consequently,the proposed Project shall pay their fair-share of the cost to implement the improvement,consistent with the City of Chino requirements. (b) Central venueSoduel Canyon 1 Parkway at Fairfield Ranch Road in the City of Chino Hills: Provide necessary improvements on the northbound approach on Soquel Canyon Parkway/Central Avenue to provide a second left- turn lane. Modify the existing traffic signal and existing striping accordingly and install all necessary roadwork,striping, pavement markings and signs per the City of Chino Hills Standard Design Guidelines. The project shall construct these improvements prior to occupancy,or,if the improvements are installed by another developer prior to occupancy of the Project,then the applicant shall pay fair share fees as determined by the City Engineer to the developer that constructs these improvements. Installation or fee payment shall occur prior to occupancy. MMRP-14 City of Chino Hills 409/470 FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION MAY BE VIEWED BY GOING TO SHE FOLLOWING LINK: htt : www.ch i n o hi I Ig.o rg/i ndex.as px?N I D=1 1 59 41 0/470 PLANNING COMMISSION AGENDA STAFF REPORT Meeting Date: January 19, 2016 - Public Hearing: El Discussion Item: LI chinoHills Consent Item: El January , 2016 Agenda Item No.: 7a TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: HIGGINS RANCH MIXED-USE (TRUMARK) CONSIDERATION OF A RECOMMENDATION TO ADOPT MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TO APPROVE GENERAL PLAN AMENDMENT OPAO2, ZONE CHANGE 1 ZCO2, TENTATIVE TRACT MAP 10004, RESCIND A PORTION OF SITE PLAN REVIEW O SPRO3, APPROVE SITE PLAN REVIEW 1 SPR0 , AND DEVELOPMENT AGREEMENT FOR A COMMERCIAL AND RESIDENTIAL HORIZONTAL MIXED-USE DEVELOPMENT PROJECT LOCATED ON THE NORTH SIDE OF SOQUEL CANYON PARKWAY BETWEEN LOW SERRANOS COUNTRY CLUB DRIVE AND THE SR-71 FREEWAY CONTINUED PUBLIC HEARING This staff report provides a brief summary of the project and the issues raised at the December 15, 2015 Planning Commission public hearing. Please refer to the attached November 17, 2015, December 1, 2015 and December 15, 2015 Planning Commission staff reports for additional information regarding the project. EXECUTIVE SUMMARY Trumark Homes (the Applicant) requests approval of a General Plan Amendment (I4GPAO2), a Zone Change ZCO2), a Tentative Tract Map (No. 19904), a Site Plan Review 14SP 0 , and a Development Agreement to facilitate the construction of a commercial and residential horizontal mixed-use development project consisting of two multi-tenant retail/commercial buildings with a combined floor area of approximately 18,000 square feet, 68 very small lot single-family detached residential units, and 42 residential attached townhome units. The entire project area is a 12.1-acre vacant site located adjacent to the existing Soquel Canyon Crossings shopping center, on the north side of Soquel Canyon Parkway between Los Serranos Country Club Drive and the SR- 71 Frway. EX RAO 1T/ 70 Meeting Date: January 0, 2016 Page: 2 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT (TRUMARK)K —GENERAL PLAN AMENDMENT 4OPA02, ZONE CHANGE 14 D02, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 4SP O4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT Required Project entitlements are listed below: 1) A Mitigated ated Ne ative Declaration and Mitigation Monitoring Reporting Program under the California Environmental Quality Act for General Plan Amendment 4OPA02 Zone Change 14ZCO2, Tentative Parcel Map 19904, Site Plan Review I4SPRO4, and Development Agreement; 2) General Plan Amendment I4OPA02 to change the General Plan Land Use designation from Commercial to Mixed-Use, and a simultaneous General Plan Land Use designation change from Mixed Use toAgriculture/Ranches for a 0 portion of Tres Herman site "A" and transfer of 110 mixed-use units from the Tres Hermanos site "A" to the project site, thereby reducing the units on the Tres Hermans site "A" from 474 to 364, resulting in no net increase of units in the City, consistent with Measure U unit; 3) Zone Change 14ZCO2 to change the Zoning designation from General Commercial (C-G) to Mixed Use (MU) and a simultaneous Zone Change from Mixed Use to Agriculture-Ranch for a portion of Tres Hermanos site "A"; 4) Tentative Tract Map 19904 to allow subdivision of the site to accommodate 42 residential condominiums and 68 single-family lots, and a commercial ial lot; 5) Rescinding of Phase I b of Site Plan Review No. O SPl O3 for the affected portion of the site (Assessor Parcel Map No. 1028-351-41) ; 6) Site Plan Review I4SPF O4 to allow the construction of a horizontal mixed use development that includes two multi tenant commercial buildings totaling 18,000 square feet to accommodate retail and restaurant uses and a total of 110 for-sale residential units on a 12.1 acres site; and 7) Development Agreement. RECOMMENDATION That the Planning Commission adopt the resolution entitled: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS RECOMMENDING TO THE CITY COUNCIL ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND TO APPROVE E GENERAL PLAN AMENDMENT NO. I4GPA02, ZONE CHANGE NO. 14ZCO2, TENTATIVE TRACT MAP 10904, SITE PLAN REVIEW NO, 14SP RO4, AND A DEVELOPMENT AGREEMENT FOR A COMMERCIAL AND RESIDENTIAL HORIZONTAL MIXED-USE PROJECT CONSISTING OF TWO MULTI-TENANT COMMERCIAL BUILDINGS MEASURING 412/470 Meeting Date: January 19, 2016 Page: 3 SUBJECT: HIGGINS RANCH MIXED USE PROJECT (TRUMARK)—GENERAL PLAN AMENDMENT I4GPA02ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 10004, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT APPROXIMATELY 18,000 SQUARE FEET IN TOTAL FLOOR AREA, 68 SINGLE-FAMILY OLE-FA IIIL RESIDENTIAL UNITS AND 42 CONDOMINIUM UNITS, ON A 12.I-ACRE VACANT SITE LOCATED ON THE NORTH SIDE OF s0 SEL CANYON PARKWAY, TV EEN LOS SERRANOS COUNTRY CLUB DRIVE AND THE SR-71 FREEWAY BACKGROUND On December 15, 2015, the Planning Commission considered entitlement applications and the associated Mitigated ated Ne ative Declaration for the proposed Trumark ar Mixed-Use project, which had been continued from the meetings of November 17, 2015, and December 1, 2015. At the meeting, the Planning Commission received a report from City staff on the Trumark ark Mixed Useproject; a report from the consulting traffic engineer on the project; a report from the economic consultant on the proposed economic impacts resulting from the proposed land use and zone change; took additional testimonyfrom the applicant and the public, and further discussed the merits of the project. However, after further discussion on the merits of the project, the Planning Commission continued the item to the January 19, 2016 meeting to receive additional information that address traffic issues and the economic analysis report prepared by CRC (the City's economic consultant). December 15th meeting, the PlanningCommission discussion included the At the � following project issues: • Shared parking, street parking, and parking demand .. Comment letter from the City of Chino regarding proposed traffic mitigation • Comment letter from Caltrans • Traffic impacts at Euclid Avenue/Butterfield Ranch Road related to the on/off- ramps at the 71-Freeway • The amount of commercialcare footage, and how much commercial area can g be supported at the project site • Tenant selection for the commercial component of the mixed-use project Lighting along the trail within the SCE easement • Landscaping of Caltrans property along s guel Canyon Parkway and adjacent to the project site Lot sizes of the verysmall lot, single-family portion of the project. g the Commission's concerns regarding lighting along the trail in the SCE Staff addressed � g 0 easement, and proposed a draft condition to allow for the installation of lights along the trail. Staff also addressed the Commission's concerns regarding tenant selection. The traffic consultant provided a presentation of the proposed intersection improvements and mitigation atin measures and rovided information on the shared parking that was conducted for the proposed project. 413/470 Meeting Date: January 19, 2016 Page: 4 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT(TRUMARK)MARK —GENERAL PLAN AMENDMENT 4OPAO2, ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 4S ' 04, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT T AG EE IEI T CRC, provided a presentation regarding the findings of the market/economic analysis and the fiscal issues associated with changing the site's underlying zoning and land use designation from commercial to mixed-use. The Commission continued the public hearing to January 19, 2016, and requested that the City's traffic consultant provide additional information on the comment letter from the City of Chino regarding ro osed traffic mitigation; the comment letter from Caltrans; and the traffic impacts at Shady View Drive/Butterfield Ranch Road related to the on/off- ramps at the 71-Freeway. The Commission also requested that CRC provide additional information on the amount of commercial square footage, including how much commercial area can be supported at the project site; and additional information on the pros and cons of increasing the very small lot size to 4,200 square feet, including impacts on parking and the development agreement. ANALYSIS IR City of Chino Comments In response to the questions raised by the Planning Commission previously regarding intersection improvements, the City's traffic consultant prepared diagrams illustrating the intersection improvements recommended as mitigation measures for the Project, as well as the project sponsored improvements at the project's entrance. At the December 15, 2015, LLG presented these diagrams to the Commission,ssion, which included } improvements at the following intersections • Central Avenue and El Prado in the City of Chino .... ........ ................ .. . • Soquel Canyon Parkway/Central Avenue and Fairfield Ranch Road • Pomona Rincon and Soquel Canyon Parkway at project entrance Since the Cityof Chino submitted a letter during the circulation period of the MND, providing comments on and raising concerns with the traffic section of the MND, the Commission requested additional information regarding the improvements at Central Avenue and El Prado in the Cityof Chino. Followingdiscussions between LLG and Chino, Chino staff has acknowledged that the recommended improvement i.e. second southbound left-turn lane, in combination with the northbound right-turn overlap phase that will be constructed as a Condition of Approval by the Fairfield Ranch Commons project) at this intersection is consistent with future improvements planned by the City of Chino for this key intersection. Further, the recommended improvement at Central Avenue El Prado Road is identified byCity the of Chino as Project No. TR-34 in the Development Impact Fee Nexus and Calculation Report for the City of Chino Sub-area II dated April 2004. Thus, as mitigation, the applicant will pay their "fair-share" of the cost to implement the improvement, consistent with the City of Chino requirements and the recommendations of the Traffic Impact Analysis. The project mitigation measure has been modified consistent with the City of Chino's input. 414/470 Meeting Date: January 19, 2016 Page: 5 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT TRUIIARK)—GENERAL PLAN AMENDMENT I4GPA0 , ZONE CHANGE 14 CO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW I4 PRO4, MITIGATED NEGATIVE DECLARATION, MITiGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT Caltrans Comments During the MND circulation period, staff received a comment letter from the California Department of Transportation (Caltrans), At the December 15, 2015 public hearing, LLG addressed the Commission's questions regarding the letter from Caltrans. However, since Caltrans raised a concern with the use of horizon year 2035 instead of 2040 in the traffic analysis, the Commission requested that LLG provide additional information on how thisissue was being addressed. In response to the Commission's request, LLG conducted year 2040 analyses, including a peak hour capacity analysis and year 2040 buildout (Exhibit H, attached). According to LLG's updated analysis, the y original conclusions based on horizon year 2035 continue to remain the same fory ear 2040. LLG also conducted the Caltrans-requested merge/diverge analysis for the on- and off- ramps of the 71-Freeway at Soquel Canyon Parkway. The analysis also included d horizon year 2040, and the results have concluded that the project's increased traffic . . . impact tra c would not significantly impact these on- and off-ramps for either the 2035 or 2040 horizon year. Euclid Avenue/Shady View Drive/Butterfield Ranch Road During the December 15, 2015 public hearing, the Planning commission raised concerns with traffic impacts at the intersection of Shady View Drive and Butterfield Ranch Road. Since the intersection had not been included in the project's Traffic a Impact Analysis, the Commission requested information on the traffic impacts at Shady View Drive/Butterfield Ranch Road related to the on/off-ramps at the 71-Freeway traffic impacts. Relative to the Project's potential traffic impacts at this interchange, traffic impact assessment of Butterfield Ranch Road/Euclid Avenue and the SR-71 Ramps was conducted by LLG in response to the PlanningCommission's p request. According to LLG's assessment, SR-71 NB Ramps at Butterfield Ranch Road/Euclid Avenue intersection currently operates at LOS B during the AM peahour and PM pe ap hour, whereas the SR-71 SB Ramps/Shady View Drive at Butterfield Ranch Road/Euclid Avenue intersection now operates at LOS C during the AM peahour and PM peak hour. However, it is noted that the westbound left-turn/U-turn movement, specifically, from Butterfield Ranch Road/Euclid Avenue to SR-71 SB Ramps/Shady View Drive now operates at LOS B. Traffic associated with the proposed Project will not significantly gnificantlyimpact the BR-71/Euclid Avenue-Butterfield Ranch Interchange under Existing Plus Project and Year 2018 Cumulative Plus Project traffic conditions based on the LOS standards and impact criteria of the City of Chino Hills. Thus, LLG has concluded that both the intersections of BR-71 NB Ramps at Butterfield Ranch Road/Euclid Avenue and SR-71 SB Ramps/Shady View Drive at Butterfield Ranch p y RdEuclid Avenue are forecast, overall, to continue to operate at an acceptable pservice level. 415/470 Meeting Date: January 19, 2016 Page: 6 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT TF MA K)--GENERAL PLAN AMENDMENT I4OPA0 , ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW IEW I4SP O4, MITIGATED NEGATIVE DECLARATION,ATION, MITIGATION MONITORING I O AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT In additionresults, analysis of Service queuinganal sis was conducted, specifically for the westbound left-turn/U-turn movement from Butterfield Ranch Road/Euclid Avenue to SR-71 SB Ramps/ShadRamps/Shady View Drive. The queuing storage currently provided in the westbound left-turn pocket is now inadequate an ant accommodate existing vehicular queues during the AM Peak Hour, but is sufficient to accommodate vehicular queues during the PM peak hour. However, factoring the project-related traffic, the project does not have an impact to the vehicular queues in the westbound left-turn/U- turn eft-turn .!- t rn movement from Butterfield Ranch Road/Euclid Avenue to SR-71 SB Ramps/Shady View Drive as added project traffic has a nominal effect on the queue length. attendance on January9t and can answer any City's trafficconsultant will in � additional questions regarding this topic. Economic Analysis During the December 15, 2015 ubli hearing, the Planning Commission raised questions regarding the amount of commercial square footage, and how much commercial ial area can be supported at the project site. GRC conducted a retail demand analysis (attached). Based on Nielsen's retail data and supply data, which is derived from the Consumer Expenditure Survey (CE Survey, or CEX) and the Census of Retail TradeCRT t GRC estimated that the total supportable retail square footage figure at the Project site was approximately 27,000 square feet. GRC concluded that the pP Project's 18,000 square feet of retail development is supportable and reasonable at the Project site, given the demand for retail space in the area. This information is supported by CBRE, the City's economic development consultant that estimates a retail market of about 40,000 additional square feet at the Soquel Canyon/Pomona Rincon area, with the project site able to support about 15,000 to 20,000 square feet of that retail market. et. Increasing verysmall lot size 4,200 square feet During the15, December 2015 ubli hearing, the Planning Commission requested that additional analysis beprovided regarding the pros and cons of increasing the very small y 0 � lot sizes to 4,200 square feet, including impacts on parking. Increasing the lot sizes results in a 24-unit decrease in the number of very small lot residential units, from 68 lots to 44 lots, and the overall total number of residential units from 110 to 6. In turn, this reduces the overall density project of the `ect site from 12.6 du a to 9.8 du a for the � 8.71-acre residential portion. This density cold not meet the minimum specified by Section 16. 13.040 of the Mixed Use ordinance of 10 du/ac. The intent of the City's Mixed Use Ordinance is to provide for a variety of residential products. The current project provides attached townhomes, very small lot residential units, and typical single- family residential units ranging from 3,161 square feet to 3,760 square feet'. Increasing 1 These single-family residential units are comprised of the two Tentative Tract Maps TTMs approved in 2007, consisting of a total of 39 single-family detached units. Specifically, 27 single-family units north of the project site (TTM 17653), and 12 single-family units to the northeast of the project site (across an existing drainage course) (TTM 17654). Construction of these two tracts would be done concurrently with the mixed-use development project that is currently being proposed. 416/470 Meeting Date: January 19, 2016 Page: 7 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT(TRUMARK)—GENERAL PLAN AMENDMENT 14GPA02, ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT the lot sizes eliminates the very small lot residential component, thereby reducing and limiting the variety of residential products offered in the proposed development project. Increasing the lot sizes would result in single-family residential structures similar to Higgins Ranch which is a traditional single family development. This traditional housing type is less suitable for the unique characteristics of the project site, which is tucked into a relatively narrow land strip and bordered by SCE power lines, existing commercial, a drainage channel and an arterial road. Replacing the very small single family lots with more traditional lots would require a major revision of the proposed site plan, including the internal circulation and parking count. Should that redesign include the inclusion of full sized driveways, the demand for on-street guest parking would likely be reduced. Possible adjustments to the proposed project Development Agreement would be subject to negotiations between the applicant and City Manager's office. Conditions of Approval During the public hearings on December 1st and December 15th, the Planning Commission raised concerns regarding lighting along the trail in the SCE easement, In response, Staff proposed the following condition, which was read into the record at the December 15th hearing: Prior to issuance of qradiriq permits, the applicant shall provide a plan to install and maintain solar licihts within the SCE right-of-way adiacent to the planned walkways. The applicant shait demonstrate SCE's approval of the plan, Where _ SCE refuses to provide such approval, the applicant shall provide substantial, - evidence to demonstrate a good faith effort in attempting to obtain SCE approval. Compliance with this condition is subject to Community Development Director approval. The condition has been incorporated into the attached draft Conditions of Approval as condition no. 41. Respectfully submitted, Prepared by: aimp Joann Lombardo Eduardo Schon born Community Development Director Contract Planner Attachments: Resolution Exhibit "A" — Draft Conditions of Approval (revised) 417/470 Meeting Date: January 19, 2016 Page: 8 SUBJECT: HIGGINS RANCH MIXED-USE PROJECT T T DI A K)—GENERAL PLAN AMENDMENT I4GPA02, ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW IEW I4SP O4, MITIGATED NEGATIVE E DECLAI ATIO 1, MITIGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT EEII EI T u Exhibit "B" — Mitigation Monitoring nd Reporting Program n Exhibit "C" — December 15, 2015 Staff Report to the Planning Commission u Exhibit "0" — December 1, 2015 Staff Report to the Planning Commission ion • Exhibit "E" — November 17, 2015 Staff Report to the Planning Commission • Exhibit "F" — Updated intersection improvement ent di rer submitted to Chino • Exhibit "G" — Memo from LLG, dated January 11, 2016, regarding traffic impacts at Shady View Drive/Butterfield Ranch Road related to on/off-ramps at the 71- freeway • Exhibit "H" — Memo from LLG, dated January 13, 2016, responding to Caltrans comments • Exhibit "1" — GRC Retail Demand Memo, dated January 4, 2016 Exhibit ibit Ud,x— CBRE Retail Leasing Analysis, dated December 22, 2015 418/470 PLANNING COMMISSION AGENDA STAFF REPORT • Meeting Date:_ December 15,2015 Public Hearing Discussion Iters: Cluno Hills Consent Item: 0 Deemer 15, 2015 Agenda Item No.: 7a TO: CHAIRMAN AND PLANNING COMMISSIONERS ERS FROM: JOANN L MBA DO COMMUNITY DEVELOPMENT T DIRECTOR SUBJECT: HIGGINS RANCH MIXED-USE (TRUMARK) CONSIDERATION TO RECOMMENDATION I To ADOPT MITIGATED NEGATIVE DECLARATION AND MITIGATION! M NITO I lG REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL ITAL QUALITY ACT, AND TO APPROVE GENERAL PLAN AMENDMENT I GPAO2ZONE CHANGE 1 ZCo2, TENTATIVE TRACT MAP 19904, • RESCIND A PORTION OF SITE PLAN REVIEW O SPRO3, APPROVE SITE PLAN REVIEW IEI 14SPRO4, AND DEVELOPMENT AGREEMENT FOR A COMMERCIAL AND RESIDENTIAL ORIZONTAL M1XE -USE DEVELOPMENT PROJECT LOCATED ON THE NORTH SIDE OF SOQUEL CANYON PARKWAY BETWEEN LOW SE i A OS COUNTRY CLUB DRIVE E AND THE SR FREEWAY CONTINUED PUBLIC HEARING This staff report provides a brief summary of the project and the issues raised at the December 1, 2015 Planning Commission public hearing. The report also provides background on the CEA process, the comments received during the circulation period and responses to those comments. Please refer to the attached November 17, 2015 and December 1, 2015 Planning Commission staff reports for detailed information about the project. • 5 EXECUTIVE SUMMARY Tr mar Homes (the Applicant) requests approval of a General Plan Amendment (140PA02), a Zone Change (14M02), a Tentative Tract Map (No. 19904), a Site Plan Review I SP O , and a Development Agreement to facilitate the construction of a commercial ial and residential horizontal mixed-use development project consisting of two multi-tenant retail commercial buildings with a combined floor area of approximately 18,000 square feet, very small lot single-family detached residential units, and 42 residential attached townbor e units. The entire project area is a 12.1-acre vacant site locatedexistingCanyon to the Soquel Crossin shopping center, on the north side of So el Canyon Parkway between Los Serranos Country Club Drive and the SR- 71 Freeway. Required Project entitlements ents are listed below: galik Meeting Date: December 15,2015 Page:2 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT •GENERAL PLAN AMENDMENT 14 P 02I ZONE CHANGE 14 CO2,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEWVISPRO4, MITIGATED NEGATIVE DECLARATION, i ITIGATI ! MONITORING AND REPORTING TING PROGRAM,AND DEVELOPMENT G E M i T 1) A Mitigated Negative Declaration and Mitigation Monitoring Reporting Program under the California Environmental Quality Act for General Plan Amendment 4GPA02 Zone Change 14ZCO2, Tentative Parcel Map 19904, Site Plan Review 4SP O4, and Development Agreement; 2) General Plan Amendment I4OPA 2 to change the General Plan Land Use • designation from Commercial to Mixed-Use, and a simultaneous General Plan Land Use designation change from Mixed Use to Agriculture/Ranches for a portion n of Tres Herman site A" and transfer of 110 mixed-use units from the Tres Her anos site 'A" to the project site, thereby reducing the units on the Tres Hermanos site "A"from 474 to 364, resulting in no net increase of units in the City, consistent with Measure U unit; 3) Zone Change 14002 to change the Zoning designation from General Commercial (C-G) to Mixed Use (MU) and a simultaneous Zone Change from Mixed Use to Agriculture-Ranch for a portion of Tres Hermanos site "A"; 4) Tentative Tract Map 19904 to allow subdivision the site to accommodate 42 residential Gond mini ms.and 68 single-family lots, and a commercial l lot; 5) Rescinding of Phase lb of Site Plan Review No. 0 8PR03 for the affected portion of the site (Assessor Parcel Map No. 1028-351-41) ; 6) Site Plan Review v 4SP O4 to allow the construction of a horizontal mixed use i development that includes two multi-tenant commercial buildings totaling 18,000 squarefeet to accommodate retail and restaurant uses and a total of 110 for-sale • residential units on a 12.1 acres site; and 7) Development Agreement. • RECOMMENDATION That the Planning Commission adopt the resolution entitled: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS RECOMMENDING TO THE CITY COUNCIL ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING UNDER THE CALIFORNIA _. ENVIRONMENTAL ONII ENTAL ALIT ACT AND TO APPROVE GENERAL PLAN AMENDMENT NOi I4OPA02, ZONE CHANGE NO. 14ZCO2, TENTATIVE • TRACT MAP 19904, SITE PLAN REVIEW NO. 14SPRO4, AND A DEVELOPMENT AGREEMENT T FOR A COMMERCIAL AND RESIDENTIAL HORIZONTAL MIXED-USE PROJECT CONSISTING OF TWO MULTI-TENANT COMMERCIAL BUILDINGS MEASURING APPROXIMATELY 18,000 SQUARE FEET IN TOTAL FLOOR AREA, 68 SINGLE-FAMILY RESIDENTIAL UNITS AND 42 CONDOMINIUM UNITS, 420/470 Meeting Date: December 16, 2015 Page: 3 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT GENERAL AL PLAN AMENDMENT 14GPA02, ZONE CHANGE 1CO2,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW IEv I4SP O4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT ON A 12.1-ACRE VACANT SITE LOCATED ON THE NORTH SIDE OF SOQUEL CANYON PARKWAY, BETWEEN LOS SERA ]OS COUNTRY CLUB DRIVE AND THE SR-71 EEWA BACKGROUND On November 17, 2015, the Planning Commission considered entitlement applications and the associated Mitigated Negative Declaration for the proposed Trumark Mixed-Use project. At the meeting, the Planning Commission received a report from City staff on the Trumark Mixed Use project, opened the public hearing, took testimony from the applicant and the public, and discussed the merits of the project. However, due to the lateness of the hour, the Planning Commission continued the item to the December 1, 2015 meeting to allow additional time to discuss the merits of the project and ask additional uestions of the applicant. At the November 17th meeting, the Planning Commission ission discussion included the following project issues: O Clarification on the proposed traffic mitigation measures as to the timing of implementing entin the improvements er is re uire to be constructed by the applicant and contribution of the developer's fair share; • Clarification of the shared parking analysis; • Concern with the architecture of the project; and, • The required development impact fees applicable to the project and how that is stipulated in the Development Agreement. At the conclusion of the meeting, the Commission n requested additional information on the shared parking analysis and continued the public hearing to the December 1, 2015 meeting to allow for additional time to discuss the merits of the project and ask additional questions of staff, the applicant and the City's traffic consultant At the December 1, 2015 meeting, the Planning Commission resumed the public hearing, and discussion included the following project issues: • Shared parking, street parking, and parking demand • Comment letter from the City of Chino regarding proposed traffic mitigation • Development of a homeowner association board and responsibility of enforcing conditions of approval • Lighting along the trail within the SCE easement O Landscaping of Caltrans property along Soquel Canyon Parkway and adjacent to the project site • Lot sizes of the very small lot, single-family portion oft e project. Staff and thep licat t addressed the Commission's concerns regarding enforcement nt of the conditions ofpp royal, as well as lighting along the trail. The Applicant also 421/470 • i Meeting Date: December 16, 2015 I Page: SUBJECT: TRUMARK HOMES MIXED-USE PROJECT--GENERAL PLAN AMENDMENT I GPA02, ZONE CHANGE 14n02, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW I4SPR0 , MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT provided ire � a sentation of the ro'ect which included highlighting the architectural theme ofthe project, amenities, pedestrian circulation, and parking. The Commission continued the public hearing to December 15, 2015, at which time the intersection traffic consultant will provide a presentation on the proposed improvements and the shared parking analysis. The Commission requested that the _ City's traffic consultant provide a presentation on the proposed intersection improvements and the shared parking analysis, The Commission also requested additional information regarding the findings of the market and financial feasibility study prepared by the City's consultant for the ro'ect, and the possibility of converting the residential portion to all single family lots with a minimum lot size of 4,500 square feet consistent with the adjacent Higgins Ranch community.unity. ANALYSIS. • Traffic Mitigation In response to the questions raised by the Planning Commission regarding intersection improvements, the City's traffic consultant has prepared diagrams illustrating the intersection improvements recd en ed as mitigation measures s dor the Project, as well as the project sponsored improvements at the project's entrance. The diagrams are attached and include conceptual improvement plans for: • Central Avenue and El Prado 11 and Fairfield Ranch Road • �oei �anyn Par� way �entral Aero • Pomona Rincon and Soquel Canyon Parkway at project entrance i The City's traffic consultant will be in attendance on December 15th, and will provide an overview of the diagrams and improvements. Shared Parking Analysis During the November 17th meeting, the Planning Commission requested clarification on the shared parking analysis for the proposed mixed-use project In summary, direct application ofthe City's code results in a parking requirement ent of 130 spaces for the commercial component, consisting of 45 spaces for the retail space and 85 parking spaces for the restaurant use. With a proposed on-site parking supply of 115 spaces, the project would provide 15 less spaces when compared to the City's City Municipal Code parking requirements. component, direct application f the Cit 's code results in a parking For the residentialy requirement of 377 spaces for the residential tia component, consisting of 220 resident parking spaces (enclosed garage spaces) and 157 guest parkinspaces. The proposed ro#ect complies with the requirement ent for providing the residential parking of 220two-car enclosed garage spaces per residential unit{ However, the project would provide 2 residential guest parking spaces, 25 less than the 167 spaces required by the City Municipal al Code parking requirements. 422/470 Meeting Date: December 15, 2016 i I Page: SUBJECT: TRUMARK OMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT I4O A02, I • ZONE CHANGE 142002, TENTATIVE TRACT MAP 19004, SITE PLAN REVIEW8P 04, r MITIGATED NEGATIVE DECLARATION,ATION, MITIGATION MONITORING AND REPORTING PROGRAM,ANDDEVELOPMENT AGREEMENT 5 5 Parking Required per Project Proposed Parking Section 16,34,060 of the e Municipal Code Commercial Com nent 1 130 115 Retail Spaces 1 0 45 0 40 0 Restaurant Spaces I 0, 85 0 75 Residential Component 1 377352 Resident Garage Spaces 1 0 220 0 220 Residential Guest Spaces I 0 157 o 132 Pursuant to the City mixed-use development standards, a mixed use project may deviate from the Cityparkingstandards ifsupported by City approved shared parking p analysis. Thus, to assess the theadequacy of the project's proposed parking arrangement, the City's traffic io nsultant ins ott, Law& Greenspan, Engineers LG # conducted a shared parking analysis following the Urban Land Institute (UL1) shared parking methodology, nfor atio on the L1 methodology was provided the LLG and was distributed to the � p by Commission on December 1st= The information, which includes case studies of various developments is attached to this staff report for reference, The City's traffic consultant December will be in attendance on #1, and will provide an overview of the project's sharedr in analysis and the l methodology used in the analysis. p y WA Very Small Lot, Single-Family Residential . e December 1st meetingthe PlanningCommission discussed the lot sizes of During In the proposed "very small lot single-family residential" component of the project, specifically in relation to the lot sizes in the previously approved tract to the north (Tract 17653) that have average lot sizes of ±4500 square feet. The proposed lot sizes for the "very small lot single family residential" component of the project ranges from 2,300 square feet to 4,650 square feet, with an average lot size of 2,665 square feet, The mixed-use development standards only specify that a mixed-use project must be at least 1-acre in area; however, the ordinance does not specify a minimum lot size requirement for specific land use components of a mixed-use project, thereby allowing . for flexibility in the site plain design of a project, • in response to the Commission's December 1st discussion, the applicant submitted information and a conceptual site plan that increases the proposed lot sizes to 4,200 square feet (reference Exhibit G.) Increasing the lot sizes results in a decrease in the 'number of very small lot residential units, from 68 lots to 44 lots, and the overall total number of residential units from 110 to 86, In turn, this reduces the overall density of the project site from 12,6 duiac to 9.8 dufac for the 8,71-acre residential portion. The • 423/470 • Meeting Date: December 16, 2015 Page: 6 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT 14GPA02, ZONE CHANGE 1 O2, TENTATIVE TRACT MAP 19904, SITE PLAN 1 I i1 I4SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING • PROGRAM,AND DEVELOPMENT AGREEMENT minimum density a Pied by Section 16.13.040 of the Mixed Use ordinance is 10 • dao. • Economic Analysis During the December 1 2015 clic hearing, the Planning nin Commission raised questions regarding the project site's best use, whether it was the current mixed-use project or an entirely commercial project. The information is discussed in the market/economic analysis prepared for the proposed project by GRC Associates. GRC •• Associates will be in attendance on December 15th, and will provide an overview of the analysis and answer the Commission's questions. As part of the information submitted by the applicant regarding increasing the lot sizes of small lot single familyresidential" component to 4,200 square feet similar to thethe "very adjacent Higgins Ranch community, the applicant raised concern that reducing the overall project density roul impact the developer's financial return on investment. GRC Associates has reviewed the applicant's information and identified four main points: 1. Unit Value: The lower density project 9.8 units per acre) would result in 44 small lot single family detached units sold for an average price of $700,000. GRC had estimated a per unit sales price of $575,000 for the 68 very small lot single family detached units. GRC believes the price estimate of $700,000 for the 4200 square foot single family detached property is reasonable. 2. Demand: GRC estimates that demand for larger homes would be supported by the housing market. Demand is strong for housing in Chino Hills, based on market figures. 3. Fiscal Impact: CRC believes that Tr rar 's estimates of the Project's fiscal impacts are reasonable. However, the in lieu fee item may need to be corrected or explained further because Tr mark 's estimate of the affordable housing in-lieu fee is higher, with less units proposed to be built than originally planned. 4, Financial Feasibility: Trumark estimates that the value of a project with lower density and fewer residential units decreases by approximately $7.6 • million, which Trumark arl states may render the project financially infeasible.� GRC is not in a position to provide comment on this point since it appears to a business decision. As indicated above, CRC Associates will be in attendance on December 15th, and can answer the Commission's questions on these points if necessary. WIND Comments and Responses u lic review period for theproject Initial stud /Mitigated Negative The30 aye Declaration IS M1 D runs November 9, 2015 through December 9, 2015. Comments received to date and a preliminaryresponse to the comments are listed below: 424/470 Meeting Date: December 15, 2015 Page: 7 • SUBJECT: TRUMARK HOMES MIXED-USE` PROJECT ` GENERAL PLAN AME DI T GPAO , y ZONE • CHANGE 14 002, 1 EN E A `1 TRACT i MAP 19904, SITE PLAN REVIEW I SPRO4, MITIGATED NEGATIVE DECLARATION,, I ITIGATIO MONITORING ANDREPORTING PROGRAM, AND DEVELOPMENT AGREEMENT City Chino Comment Letter, As resented to the Planning Commission on December 1, 2015, the City of Chino submitted a letter(attached) during the circulation period of the MND, providing t . with the traffic section of the MND. The City's traffic •• comments on raising concerns ooconsultant (LLG) provided a draft response to the comment letter, which was distributed to the Commission on December 1, 2016. The comments and responses are summarized below. • Comment 1: Truck route/distribution discussion, rise: According to LLG, the Traffic Impact Analysis for the proposed project contains information regarding the general distribution patterns for vehicles and trucks. Thus, a separate truck trip distribution is not necessary. Comment 2: Caltrans approval required for improvements to 71 Freeway ramps. • pons The comment is acknowledged since work within the Caltrans right-of- way requires separate review and approval from Caltrans. Comment 3a: Construct ADA improvements at Central Avenue and Chino Hills Parkway. Response: LLG is currently rocessin traffic design plans for the intersection of Central Avenue and Chino Hills Parkway, which was a requirement of the Fairfield Ranch Commons project i.e., the "Turner" project), which ` was approvedby the PlanningCommission in 2014. The traffic design ... plans take into consideration current ADA standards, and the improvements will be constructed to meet these requirements. Comment 3b: Recommended improvement ent at Central Avenue and El Prado is not • acceptable. Response: LLG has had discussions with City of Chino staff, Chino staff has acknowledged that the recommended improvement i.e. second southbound left-turn lane, in combination with the northbound right-turn overlap phase that will be constructed as a Condition of Approval by the Fairfield Ranch Commons project) at this intersection is consistent with • future improvements lanned by the City of Chino for this key intersection. Further, the recommended improvement at Central Avenue El Prado Road is identified as Project No. TR-34 in the Development Impact Fee Nexus and Calculation Report for the City of Chino Sub-area It dated April 2004, Thus, as mitigation, the applicant will pay their"fair- share" of the cost to implement the improvement, consistent with the City of chino requirements and the recommendations of the Traffic Impact 425/470 Meeting Date: December 15, 2015 Page: 8 SUBJECT: T UI A KHOMES MIXED-USE PROJECT—GEAL PLAN AMENDMENT l4G A02, ZONE CHANGE 14 CO2,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, • MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING ING AND REPORTING PROGRAM,AND DEVELOPMENT AGREEMENT • Analysis. The project mitigation measure has been modified consistent with the City of Chino's input. comment 4: Additional mitigation measure requiring the City of Chino Hills to 3 participate in a multi-jurisdictional effort with the City of Chino to develop a study that identifies funding sources. r. : Response: As indicated in the previous response, the applicant will pay their"fair share" to the City of Chino for implementing the planned improvements at Central Avenue and El Prado. The City of Chino has clarified that this for a multi-jurisdictional effort is a general comment and no additional nal mitigation measure is required to address this request. San Bernardino County Department of Public Works Comment Letter: During the MND circulation period, staff also received comments from San Bernardino County e arty ent of Public Works, indicating that a permit is required from the County Flood Control District for any encroachment on district right-of-way. Since the project site abuts a drainage channel, staff has included a condition of approval requiring a permit from the flood control district for any work or encroachment ent into the Flood Control District's right-of-way. Ca/trans Comment Letter: During the MND it .dation period, staff received a comment letterfr m the California Department of Transportation (Caltrans). The City's traffic consultant will draft a ...... ... .. response to these comments, and will be available at the December 15th meeting to answer any questions the Planning Commission may have on this letter. The comments received from the City of Chino, the San Bernardino County Department of Public Works, and Caltrans were not substantive to warrant a change to the analysis or finin s oft e environmental document. Mitigation Measures Based upon recent discussion with LLG and the City of Chino, staff has revised mitigation measure T-1 to read as follows: T-1 Traffic Improvements. (a) Central Avenue at El Prado Road i the City of Chino: Provide necessary improvements is on the southbound approach on Central Avenue to provide a second left-turn lane. Modify the existing traffic signal and existing striping accordingly and install all necessaryroadwork striping, pavement markings and signs per the City of g Chino Standard Design Guidelines. Pursuant to subsequent discussions with the City of Chino, as documented in the December 1, 2015 memorandum from Project 426/470 Meeting Date: December 15, 201 Page: 9 SUBJECT: TRUMARK ARK OMS MIXED-USE PROJECT-GENERAL PLAN AMENDMENT 14GPA02, ZONE CHANGE 14 CO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 148PR04, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING TING PROGRAM, AND DEVELOPMENT AGREEMENT traffic consultant Richard E. Barrette, P; .1 Principal Linscott, Law&Greenspan, Engineers to Eduardo Schonborn, Contract Planner, City of Chino Hills, this 5 mitigation measure is consistent with the City of Chino recommended improvement at Centrl Avene El Prado Road is identified as Project No. TR-34 in the Development impact Fee Nexus and Calculation Report for the City of Chino Sub- area II dated April 2004. The Project impact to this intersection is cumulative for 2018 conditions. consequently, the proposed Project shall pay their fair-share of the cost to implement the improvement, consistent with the City of Chino requirements. (b) Central AvenuefSoeuel Canyon Parkway t Fairfield Ranch Roach in the Cly of Chino Rids: Provide necessary improvements ents cin the northbound approach on Sequel Canyon Parkway/Central Avenue to provide a second left-turn lane. Modify the existing traffic signal and existing striping accordingly and install all necessary roadwork, striping, pavement markings and signs per the City of Chino Hills Standard Design Guidelines. Alternatively, re tri the northbound on Central Avenue to provide E• t second left-turn lane, remove the northbound right-turn lane and convert the third through lane to an optional shared through/right turn lane. Modify the existing traffic signal and existing striping accordingly and install all necessary striping, pavement markings and signs per the City of Chino Hills Standard Design Guidelines. Implementation er tation of this alternative improvement in lieu of the option identified above will require the approval of the City of Chino Hills City Engineer. This improvement to Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road in the City of chino Hills is required to offset the incremental contribution of the project to identified 2018 traffic impacts. The project shall construct these improvements prior to occupancy, or, if the improvements are installed by another developer prior to occupancy of the Project, then the applicant shall pay fair share fees as determinedyCity the Engineer to the developer that constructs these improvements. A fundinmechanism shall be established as a condition of project approval. Installation or fee payment shall occur prior to occupancy. The revised measures clarify the1 roposed intersection improvements in a manner consistent with the findings of the project Traffic impact Analysis and the City of Chine Development impact Fee Nexus and Calculation Report for the City of chino Sub-area IL The modified measures are equivalent or more effective in mitigating or avoiding potential significant effects and will not in themselves cause any potentially significant S effect on the environment. Further, the modifications to the above mitigation measures do not substantially alter the analyses IS/ or findings of the WAND. Consequently, pursuant to section 15073.5 of the CEQA Guidelines, recirculation of the !MIND is not required. 427/470 .. I i I • Meeting Date: December 15, 2015 Page: 10 E SUBJECT: T U A K HOMES MIXED-USE PROJECT T—GENERAL PLAN AMENDMENT 14GPA02, ZONE CHANGE 14 00 , TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING G AND REPORTING PROGRAM,AM,AND DEVELOPMENT AGREEMENT Conditions of Approval As indicated above, staff has included a new condition (no. 29) requiring that a permit be obtained from the San Bernardino County Flood Control District for arty encroachment on district right-of-way, which reads as follows: Prior to any gradin , constructions imro em nts or encroachments within District right-of-way, the applicant shall obtain a perrokfrom the San Bernardino .County. Flood Control District's Permits/Operations Support Division.,. Permit Section. During the public hearing on December 1, 2015, the Planning Commission raised concerns with landscaping in the area along the north side of Soquel Canyon Parkway, between the project's entrance and the SR-71 Freeway. To ensure that the area is t •included and maintained, staff has a new condition (no. 30) requiring that the area be landscaped and maintained, which reads as follows: Frior to issuance f any certificate , the property owne.dCaltrans s and abutti.ngthe proipct site ai r c Soquel Canyon Pari wa , between Ole . - r i is entrance and the SR-71 Freeway, ..§.h0 be landscaped and maintains .. . to the satisfaction of the Community r D l , ment Director, The Applicant andior .Homeowners Association shall be responsible for the maintenance of this..ar a. Based upon the input and discussion of the Planning Commission pertaining to the types of uses suitable for inclusion in a mixed d use project, the following modification ication is proposed to Condition ofA r a no. 38 (previously no. 36): .. . Prior to the submittal of plans for tenant improvements and/or an application for a business license within the commercial component f _a prospective tenant, the developer shall submit the name and business description of the potential tenant to the Community Development Director or designee for review and approval. Potential tenants will be reviewed for consistency with Development Code ' Section 16.13.050.A and Title 16, Appendix A. These sections stipulate. that commercial uses within the Mixed Use zoning district shall be distinctive anciQr expand the dining, services, shopping, and entertpinment opportunities currently. available to the community. For purposes of this condition, a proposed tenant may be considered "distinctive" even though a similar. use or identical. establishment occurs within Chino Hills if the proposed tenant continues to offer distinct waresy services or dining choices. which stns that-the-Mixed Use zoning district few dIstinctive cc - `-- .w e_„d the dining} .. n e a en . ppo u� �r ilab to t � r m� 1 �Lr�ti+Ms �i ��.+ �1 1 �7 1i 1� 428/470 PLANNING COMMISSION AGENDA STAFF REPORT Meeting Date: December 1, 2015 Public Hearing: Discussion Rem: El chino ilts Consent Item: November 24, 2015 Agenda Rem No:: 7b TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOAN LOM BA DO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: T U ARK MIXED USE PROJECT— GENERAL PLAN AMENDMENT I4OPA02, ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904, RESCINDING OF A PORTION OF SITE PLAN REVIEW I W 0 PR0 , SITE PLAN REVIEW I4 PRO4, DEVELOPMENT AO M l T, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING REPORTING PROGRAM CONTINUED PUBLIC HEARING I11G This staff report provides a brief summary of the project and the issues raised at the November 17, 2015 Planning omr ission public hearing. Please refer to the attached November 17, 2015 Planning Commission staff report for detailed information about the project. }I EXECUTIVESUMMARY Trumark Homes (the Applicant) requests approval of a General Plan Amendment (I4GPAO2), a Zone Change (141CO2), a Tentative Tract Map o. 19904), a Site Plan Review 14PO4 , and a Development Agreement to facilitate the construction of a commercial and residential horizontal mixed-use development project consisting of two multi-tenant retail/commercial buildings with a combined floor area of approximately 10,000 square feet, 68 very small lot single-family detached residential units, and 42 residential attached to rnho e units. The entire project area is a 12.1 acre vacant site located adjacent to the existing Soquel Canyon Crossings shopping center, on the north side of Soquel Canyon Parkway between Los Serranos Country Club Drive and the SR '1 Freeway. RECOMMENDATION_ That the Planning Commission: a) continue its discussion on the merits of the project; b } if necessary direct Staff and/or the applicant to address any additional issues; and , c) continue the public hearing to the December 15, 2015 Planning Commission meeting to consider adoption of the resolution entitled: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO O HILLS RECOMMENDING TO THE CITY COUNCIL ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING UNDER THE CALIFORNIA EXHIBIT H 429/470 1 Meeting Date: December 1, 2015 Page: SUBJECT: TRU A K HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT 4 A 2T ZONE HAi G 14 TENTATIVE 1 t I TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM,AND DEVELOPMENT AGREEMENT ENVIRONMENTAL QUALITY ACT AND TO APPROVE GENERAL PLAN AMENDMENT NO. 14GPA02, ZONE CHANGE NO. 14 00 , TENTATIVE E - TRACT MAP 19904, SITE PLAN REVIEW NO. 14SPRO4, AND A DEVELOPMENT AGEE ''fEN 1 FOR COMMERCIAL AND RESIDENTIAL HORIZONTAL MIXED-USE PROJECT CONSISTING OF TWO MULTI-TENANT COMMERCIAL BUILDINGS MEASURING APPROXIMATELY 18,000 SQUARE FEET IN TOTAL FLOOR AREA, 68 SINGLE-FAMILY RESIDENTIAL UNITS AND 42 CONDOMINIUM UNITS, ON A 12.1-ACRE VACANT SITE LOCATED NORTH OF THE EXISTING SOQUEL CANYON CROSSINGS SHOPPING CENTER, BETWEEN LOS SERRANOS COUNTRY CLUB DRIVE AND THE SR-71 FREEWAY BACKGROUND On November 17, 2015, the Planning Commission considered entitlement applications and the associated Mitigated Negative Declaration for the proposed Trumark Mixed-Use project. At the meeting, the Planning Commission received a report from City staff on the Trumark Mixed Use project, opened the public hearing, took testimony from the applicant and the public, and discussed the merits of the project. However, due to the lateness of the hour, the Planning Commission continued the item to the December 1, 2015 meeting to allow additional time to discuss the merits of the project and ask additional questions of the applicant. At the November 17th meeting, the Planning Commission discussion included the following project issues: • Clarification on the proposed traffic mitigation measures as to the timing of implementing the improvements required to be constructed by the applicant and contribution of the developer's fair share; • Clarification of the shared parking analysis; O Concern with the architecture of the project; and, O The required development impact fees applicable to the project and how that is stipulated in the Development Agreement. At the conclusion of the meeting, the Commission requested additional information on the shared parking analysis and continued the public hearing to the December 1, 2015 meeting to allow for additional time to discuss the merits of the project and ask additional questions of staff, the applicant and the City's traffic consultant. ANALYSIS. Traffic Mitigation In response to the questions raised by the Planning Commission, the City's traffic consultant is preparing diagrams illustrating the intersection improvements recommended as mitigation measures for the Project, including: 430/470 Meeting Date: December 1, 201 Page: SUBJECT: T I Ar HOMES MIXED-USE PROJECT GEN AL PLAN AMENDMENT 140PA0 , ZONE CHANGE 14ZCO2,TENTATIVE TRACT 1 19904, SITE PLAN REVIEW14SPRO4, MITIGATED 'N O E DECLARATION,ATIO , MITIGATION MONITORINGREPORTING !� AND OGI I AND DEVELOPMENT LOP T AG MENT { 0 Pomona Rincon and Sequel Canyon Parkway at project entrance Central and El Prado So uel Canyon Parkway and Fairfield Ranch Road. The diagrams will bel resented at the December 1st Planning ommission meeting. . Further, the City's traffic consultant will be in attendance and will provide an overview of the diagrams. Further, in response to the Commission's discussion regarding the applicant's responsibility to contribute their"fair share" fees for construction and implementation of necessary improvements at the intersection of Central Avenue at El Prado Road in the City of Chino, the applicant met with city staff at the City of Chino. As a result, the City of Chino will allow the applicant to pay their fair share for the improvements at Central Avenue at El Prado Road. City of Chino Hills has verified that a fair share payment is acceptable to the City of Chino. To clarify the ability to pay a fair share, staff included said language in Condition 106 (previously Condition 105). Shared Parking Analysis During the November 17th meeting, the Planning Commission requested clarification on the shared parking analysis for the proposed mixed-use project. In summary, direct application of the City's code results in a parking requirement of 130 spaces for the commercial component, consisting of 45 spaces for the retail space and 85 parking spaces for the restaurant use. With a proposed on-site parking supply of 1spaces, the project would provide 15 less spaces when compared to the City's City Municipal Code parking requirements. For the residential component, direct application of the City's code results in a parking requirement ent of 377 spaces for the residential component, consisting of 220 resident parking spaces (enclosed garage spaces) and 157 guest parking spaces. The proposed project complies with the requirement for providing the residential parking of 220 two-car enclosed garage spaces per residential unit. However, the project would provide 132 residential guest parking spaces, 25 less than the 157 spaces required by the City Municipal Code parking requirements. Parking e uired er ProjectProposed Parking P Section 16.34.030 of the Municipal Code Commercial Component 130 1115 Retail Spaces 0 45 1 0 40 0 Restaurant Spaces 0 85 75 Residential Component 1 377 352 Resident Garage Spaces 0 220 0 220 Residential Guest Spaces 0 157 0 132 431/470 Meeting Date: December 1, 2015 Page:4 SUBJECT: T UMA HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT 14OPA 2, ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM,AI ,A DEVELOPMENT AGEEI E T Pursuant to the City mixed-use development standards, a mixed use project may deviate from the City parking standards if supported by a City approved shared parking analysis. Thus, to assess the adequacy of the project's proposed parking arrangement, the City's traffic consultant, Linscott, Law & Greenspan, Engineers (LLG), conducted a shared parking analysis following the Urban Land Institute LI shared parking methodology. Since the Planning Commission requested clarification regarding the shared parking analysis, LLG will attend the December 1st meeting and will be available to answer the Commission's questions regarding the proposed shared parking analysis and the ULI methodology used in the analysis. Conditions of Approval As discussed during the public hearing on November 17, 2016, staff modified the proposed Conditions of Approval for the project as follows: 0 The following condition has been inserted as new Condition 36 to ensure that potential tenants for the commercial component contribute to the unique atmosphere envisioned in the General Plan and Chino Hills Development Code for Mixed Use projects: Prior to the submittal of plans for tenant improvements and/or an application for a business license within the commercial component, the developer shall submit the name and business description of the potential tenant to the Community evelopment Director or designee for review and approval. Potential tenants will be reviewed for consistency with Development Code Section 16.13.050.A, which stipulates that the Mixed Use zoning district feature distinctive commercial uses that expand the dining, shopping, and entertainment opportunities available to the community, 8 Condition 90 was revised to clarify the access the requirements for the project site during construction, as follows: All utilities and circulation elements necessary to serve the building(s) shall be installed, and accepted prior to final inspection. No construction traffic will be permitted on drive aisles that serve occupied units. All occupied units shall be served by two points of vehicular exit to a public street at all times. One of those points of exit may be located on a drive aisle designated to be used only in the event of an ememency for the occupants. The drive aisles necessary to reach the two required points of exit shall be free and clear of any construction material and/or construction activity. No resident or guest shall be required or permitted to pass through any portion of thep ro et that is under construction, excluding the emergency access referenced in the orececiing. To clarify the timing for the construction of the commercial component relative to the residential component of the project, staff revised Condition (previously Condition 62) to read as follows: 432/470 Meeting Date: December 1, 2015 Page: SUBJECT: TRUMARK HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT'14GPAO J ZONE CHANGE 14=12,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE 1 DECLARATION, ITIGAT'IO MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT The commercial shell buildings and site improvements within the commercial component of the project, ex a tin : it l paving ectionst landscaping of the parkino areas, and other site improvements which may be impactpd by ongoing residential construction activities, shall be completed and have received final inspection (final signs offs) to the release of occupancy for the residential units* On November ber 1 , 2015, staff presented the City's Parks and Recreation Commission with the additional trail improvements proposed by the current mixed-use project. The Commission inquired about several gates along the trail spine that were illustrated on the plans, Although these are gates that were part of the original approval, the Applicanthas indicated that gates will not be used as vehicular barricades; rather, decorative bollards will be installed, Thus, to memorializeheApplicant's intentt install bollards, staff augmented Condition 3 (previously Condition 37) to require the use of decorative bollards. PUBLICNO-Mg AND COMMENT; As the preparation ton this staff report, staff has not received any comments in response to the notice, However, any comments is received will be incorporated into the Final IS/MND and Mitigation Monitoring Program. Respectfully submitted, Prepared by: Joann Lombardo Eduardo S ho bon Community Development Director Contract Planner Attachments: Exhibit"A" — Draft Conditions of Approval (revised) • Exhibit" "— November 17, 2016 Staff Report to the Planning Commission n • Resolution ti { 433/470 PLANNiNG COMMISSION AGENDA STAFF REPORT Meeting Date: November 17 2015 Public Hearing; Discussion Item: LI Consent Item: E November 10, 2015 Agenda Item No,7a TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOANN LOMBARDO, COMMUNITY D ELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND A RECOMMENDATION NDATIOI TO APPROVE GENERAL PLAN AMNDME T G A 2, ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904,RESCINDING P A PORTION OF SITE PLAN REVIEW OSP 3, SITE PLAN REVIEW 14SPRO4, AND A DEVELOPMENT AGREEMENT FOR A COMMERCIAL AND RESIDENTIAL HORIZONTAL MIXED-USE PROJECT CONSISTING OF TWO MULTI-TENANT COMMERCIAL BUILDINGS MAS NG APPROXIMATELY 18,000 SQUARE FEET IN TOTAL FLOOR AREA, 68 SINGLE-FAMILY RESIDENTIAL UNITS AND 42 CONDOMINIUM UNITS, ON A 121-ACRE VACANT SITE LOCATED NORTH OF THE EXISTING SOQUEL CANYON CROSSINGS SHOPPING CENTER, BETWEEN LOS SERRANOS COUNTRY CLUB DRIVE AND THE SR-71 FREEWAY. FXECUTIVE SUMMARY. TrLirnarkHomes (the Applicant) requests approval of a General Plan Amendment (I4GPAO2), a Zone Change 14 CO2 , a Tentative Tract Map . 19904), a Site Plan Review 148P 0 ), and a Development Agreement to facilitate the construction of a commercial and residential horizontal mixed-use development project consisting of two multi-tenant retail/commercial buildings with a combined floor area of approximately 18,000 square feet, very small lot single-family detached residential units, and 42 residential attached townhome units. The entire project area is a 12.1-acre vacant site located adjacent to the existing Soquel Canyon Crossings shopping center, on the north side of Soquel Canyon Parkway between Los Serranos Country Club Drive and the SR 71 Freeway. As shown in the proposed projectsite plan (Figure 1, on the following page), the commercial component of the proposed project will be constructed on the southwestern portion of the site adjacent to the existing Soquel Canyon Crossings shopping center that abuts the project site. The commercial component consists of two multi-tenant buildings. Building A will measure approximately 6,000 square feet and is anticipated to . accommodate restaurant/food use; while Building B will measure approximately 12,000 square feet and is anticipated to accommodate both retail and restaurant/food Exhibit 1 434/470 ' t ` Meeting Date: November t Page: 2 SUBJECT: T UMAr K HOMES MIXED-OS. PROJECT—QENE AL PLAN AMENDMENT 14OP 021 ZONE CHANGE 14ZC0 , TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEQATIVE DECLARATION, MITIGATION MONITORING AND REPORTING ; PROGRAM,ANDC LOP B TAS B uses. The commercial component Will be designed with tiled gable roofs, exposed beams r the roof paves, andearth tone exterior color and material finishes, similar tob theabuttingSoque.1COpyoll .C sin .bo ing centet' so that the appeOpnae is more in line With the existing shopping tenter. Figure 1 '' ....1..-„. . ,ir: [9x►! I.�ttt*k� �F,7f.i���3������ •F L'L'L41,i':! vM� 1. 4a� t{ � Rf • I.l:tk°_.'t• ri ...ift ,•, f i .1,i� {r. P*y :T-.- ._:,,,,,.. ,, 1 > •�i Fes' �.... �• -r{:,1; i S � '4 � 5 M1� � # ��t+�r•,��w •;Yl�i#��;•L•+ _,..� {: 1 ‘ `-- ,L, ii �iVi'll• jI.• it'd I 'r I r #i IjI• '' l' --',%4R,..'' ',: . l v‘.:.., r +a 34. { 777 _'. _ �.�+�...i'''''11.1--, .. 0:1--,_--4-.7, _� I� ��� .- -�_� t kti?' f ;i# 1 r,Cr, J+} :1..,-,.. �• i • - . Tr - -fir 5 _{'t__ii , 6 a�. J gy ! } i FF t;,6,,,...v,'�it',1►' 3 ��Sy`; 1 I 3� r J: _ 1�Y � ,'L { F _ - .t `0. �.. `. A-4,,,,,: iy - . .r- ....-,,, ....--.,-M',•r.---- 7=.7.---.,.. :,. ..,::--..7—•-71‘—•••• --.'--:-----•:.:!7"-'71,•,,---...)''' .:.:,,V;3\,----.2.-:.,1771Fli-';I:.•:.,' ) : 7i!,', .2.1' -;F 5 L i i .r 4 , ; , ' •*" `r _ , FI 4.— . - 1 k.1 ---- : tC ` k-i',.. :-...-..:.' i'.,,,:_,,'„'_'.': ''.7.J'.•,. .r `.r.'i .' S.- 4 r. 'rad _ 1 #7F i i..!.L....,_ �r- FY _ _ Y' :i.... -._ .-. -7 �.'.'_,�}- �.,.i t- .r _-F ., i,,, i: f p r .''1 - • 5 .,•# r..±,J , i+l.4 : 1-t xs#+1 k�; _. ' r ' i,7-',._'-'JLam'1.7L-5 .' w,, '� 'q$ ..:-_7i4.,. 1.‘. • ,5. . .!.--,-. - . , _,• '1 �• , ,i `` r I � ' •� •F[ r- ���.. ,"�1#j. 1.",a,,,:- � �__ i''-F'F't*, •� � �•`sj 1 i.�r#: t�;M 01,�� I�-"�j.# �C: r�i3 y} �fj a'3�l�k,{0} .+�C�y+,,-.-i';',1,./} F firar F . ti 3 ,{,:-I*4,,,Yf: �i` Vi Z:/,t'l .:{7Y4l- �f�# a it )7- ' !i # r #,r _s •ter Ff.• fY -- .,. f< w•z�s - 4rt, .. - 1{.lT}#n4i' f - • ' +.. •I t i�2 F7•#�J4ii;1:1411 -�` ' .i'. tJ 4iVi;--i *r; +' t ` 'n — .+ , {tii � -- i i +;� '# j. #1V2 r f,r4 1 -4 +� Afi ! j, .. •, i-!rt-` -14 R ! V�� + r j � !! � 9*..�=rixx�tr �y�'4� -� r� � i7L{ �r�y�+, � � + ,�1 _ �•, 1 + ..� 'tya• rt T'� F1 _ i } -.4..,:;-,-, ' { r 1��'i,r.i Y' L .5� ',K c, ..4 .. : T... j ii-Wif ,,,c,Y 0!.S.,--=. •/;:`,1,''''±? - - _fie ..'-'.f..--,7:...,4-,...; Tr/i ! { 1 { ,. ,. '•-- • - -- :— - - 1.7'2-.:.':igAITili;..IP'1 :-'4,i7,,rj'I -kkj.,..y-P:i. ------- - . ,..,,,,;,;,r :4 5.9.X r I c'Vo...aN ri.,-:.VI4 1.1,' .., .i,...,i '...4:-. --- ----4 r: :\'' ..."j _a.Y.'":;'. : ''' . The residential component.component of the proposed project includes both very small s.inle- farnil y detached residential lots With an averpge lot size of 2,865 00.0.re feet and strUctitr .s., and attached twralbtne wilts. The reilentilcomponent will be situated on . .. . approximately8.71 acres of the project site. The single-family detached component Will bo. constructed on the oast'and northeast.heast. o i ns of the site and will consist of 68 two- sto small lot single-family F AL The .t ed toter h r onen willb . o tr cted n the n rt i est onion f the site to the north of.t.he l : os d coMmercial buildings and will consist of six, three-story condominium buildings each containing seven units,for a total of 42 residential condominium units. In total, the overall project will providp dor 110 residential pnits pn 8.71 acros of theproject site, s alta g in density of 12.6 dwelling units pet acre. As illustrated in Figure 1, above, primary access to the Project site will be provided via Street A, a prcposedfull access private street that will be constructed opposite where Pomona Rincon. Road currently intersects a Soni Canyon Parkway Access to the proposed retailicoMmercial buildings will be provided from the internal private street system, and via an existing driveway along Soquel Canyon Parkway that currently provides ingress/egress for the existing Soquel Canyon Crossings shopping center. There is an existing reciprocal parRing and access agreement between the project site and the S �/�`'uel Cay ori Crossings shop.ping in center property, which would provide i parking andvehicular access between the two sites by extending the existing drive aisles into the new commercial component of the project. E 435/470 Meeting Date: November 17, 2015 Page: 3 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT-GENERAL PLAN AMENDMENT 14GPA02, ZONE CHANGE 14ZCO2,TENTATIVE TRACT MAP 19904,SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT The proposed mixed-use project requires General Plan Land Use Plan Amendment and Zoning Map Amendment to change the Land Use and Zoning designations from • Commercial to Mixed-Use. The General Plan Amendment and Zone Change require simultaneous transfer of units consistent with Measure U, to ensure that the proposed project will not Increase the overall residential density in the Cit .1 The City's General Plan Update, approved February 2015, allocated 474 Mixed Use units to a 20-acre portion of Tres Hermanos Site "A", located immediately southwest of Grand Avenue in Chino Hills. As pail of the proposed project, /10 residential units would be transferred from the Tres Hermanos site consistent with Measure U, and allocated to the project site. Thus, the General Plan Amendment includes a simultaneous General Plan Land Use Map amendment nt to transfer 110 mixed-use units from the Tres Hermanos site." ', to the project site. The transfer will reduce the number of units on the Tres Hermanos site "A"from 474 to 364, resulting in no net increase of units in the City. Further, 4.64 acres of site "A"will be re-designated to Agricultural/Ranches, with zero additional units. The unit transfer and re-designation are consistent with the voter-approved Measure U. Figure 2a r ifr Figure 2bIii F s j J I { J } !�. moi/ /i I + I 141,,*- X 1 ft N iff4-,;54 __ _. .._____ ea--0---4-4;1414. ! _. 1 , IT:-,:---____ 3-1,"*.fW-..-A ,,-----.1:::---- j----.:.:_-_: I;_., 645:74-:4‘J.-- ,---- --II 1 - --- 1:14014:-_ ,,A Fr tivrne;tazi---AO, )1 i tr 7,:'-',-,..?, .4,,,y4 ,„ ,,.-1 1 i I-;:-.4;ter.41.1V,,, I I,,„-' 101i1;A.',''';:,,,-,::'!,,'-1-1, I �., �'�'" d'ilE-M7s .,. ---,,f,-,,,,w.,:„.-.3::,^ w�. �,�__lam I• i-- .� ri.'�':W*Mr; l�: #i- ' i{ n .*. '.l " + ...— — V�':::k'h'o. ,': ; r5::;''* 111'1 ,. ,,.r'..nom. �. �. �: } h ' ff III / i( i . L . i Existing Tres Hermanos Land Use/Zoning Proposed Tres Hermanos Land Use/Zonin The approval of a Development Agreement is also requested to benefit both the City and the Applicant. Lastly it is important to note that if this mixed-use project is approved, the developer intends to also construct two residential tracts to the north and northeast that abut the project site. The two Tentative Tract Maps TTMs were approved in 2007, consisting of total of 39 single-family detached units. As illustrated in Figure 1 above and in the vicinity rnp below, TIM 17853 includes 27 approved single-family units and pedestrian improvement along the SCE Easement north of the -I Measure U(Ordinance No. 123 was approved by a vote of Chino Hills residents In November 1999.Measure U prohibits an increase in residential density except under the following irc mstance : approval by a majority vote of Chino Hills residents,.(2) as necessary to meet the GiVs minimum mandated Housing Element requirements as set forth In California Government Code et seq.;or( through a simultaneous transfer of General Ran designations provided that the net effect of the transfer does not increase the total number of residential units allowed on the properties in the transfer,including, ithot t limitation,the City*s share of regional housing needs. 436/470 I • Meeting Date: November 17, 201 Page: SUBJECT: TRUMARK HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT 14OPA0 , ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW SP 04, . MITIGATED NEGATIVE DECLARATION, MIT'IGATI 1 MONITORING lG AND REPORTING • PROGRAM,AI ,At VLOP E T AGREEMENT project site, and TTM 17654 includes 12 approved single-family units to the northeast of the project site (across an existing drainage course). Construction of these two tracts would be done concurrently with the mixed-use development project that is currently •• being considered. Further, these residential units, along with the proposed very small lot residences and condominiums s would be part of the same HOA and governed by the same CC&Rs. • .•• RECOMMENDATION • That the Planning Commission open the public hearing and take public testimony on the project; b), if necessary direct Staff and/or the applicant to address any issues; and, c) continue the public hearing to the December 15, 2015 Planning Commission meeting • to consider adoption of a resolution: 1) Recommending to the City Council the adoption of a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program under the California Environmental Quality Act for General Plan Amendment 4GPA0 , Zone Chan 14ZO02, Tentative Parcel Map 19904, Site Plan Review I4SPRO4, and ,• Development Agreement; 2) Recommending approval to the City Council of General Plan Amendment 4GPA02 to change the General Plan Land Use designation from Commercial to • Mixed-Use, and a simultaneous General Plan Land Use designation change from Mixed Use to Agriculture/Ranches for a portion of r Hermanos os site "A" and transfer of 110 mixed-use units from the Tres Herrnanos site "A" to the project • site, thereby reducing the units on the Tres Hermanos site"A"from 474 to 364, resulting in no net increase of units in the City, consistent with the voter-approved Measure U units; . 3) approval to the City Council of Zone Change '14002 to change the Zoning designation from General Commercial (C-G) to Mixed Use (MU) and a simultaneous Zone Change from Mixed Use to Agriculture-Ranch for a portion of Tres Herrnanos site "A"; 4) Recommending approval to the City Council of Tentative Tract Map 19904 to allow subdivision of the site to c ommodate 42 residential condominiums and 68 single-family lots, and a commercial lot; 5) Rescinding Phase lb of Site Plan Review No. 05SPRO3 for the affected portion of the site (Assessor Parcel Map No. 1028-351-41) ; 6) approval to the City Council of Site Plan Review r 48P O4 to allow the construction of a horizontal mixed use development that includes two multi-tenant commercial buildings totaling 18,000 square feet to accommodate retail and restaurant uses and a total of 0 for-sale residential units on a 12.1 acres site; and 437/470 Meeting Date; November 7,2015 Page: SUBJECT: T U A K HOMES 1X -USE PROJECT—GENERAL PLAN AMENDMENT 14GPA02, ZONE CHANGE 14 002, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE CLAr ATIOi , MITIGATION MONITORING AND REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT 7) Recommending approyal to the City Council of the Development A reem n ; PROJECT CASE NO.: General Plan Amendment '14GPA0 Zone Change 142002 Tentative Tract Map 19904 Site Plan Review I4SPRO4 Development Agreement APPLICANT:T: Trum r Homes (attn: Eric Nelson) 450 Newport Center Drive, Suite 300 Newport Beach, CA 92660 OWNERS: Higgins Brick Company Adriana W e a Trust LOCATION: North side of Soquel Canyon Parkway, between the Chino Valley Freeway (SR-71) and the Soquel Crossing shopping center at Los Serranos Country Club Drive. Assessor's Parcel Numbers (APNs) 1028-351-11, 028-351-30, 1028-351-31, 1028-351-41, 1028-361- 18. SITE DESCRIPTION i 12i Parcel Size: acres Terrain: Flat Existing i Land Use:* Vacant Overlay District: No Hazard General Plan: Commercial Sewer Service: City of Chino Hills General Commercial l Water Service: City of Chino Hills (CG) Location I Land Use I General Plan Designation I Zoning Site Vacant Commercial General Commercial (CO) t (previouslyMedium rsit 'laned � evelomentNorth � { approved single-family Residential (PD97-01) residential tract) Single-family residential Low Density Residential I Planned Development _ t (PD97-01) - South Soquel Canyon Parkway Vacant Mixed Use Commercial Mixed Use (MU) Freeway Commercial (C-F) s Serranos Channel East1� • 438/470 • Meeting Date: November 17#2015 ...--6-ge: ) (R78. r � HOMES�� T � PROJECT~" PLANE J � � �PJ AO ' ON CHANGE4 J 1 x ' 1;9904# 01--'5.N 1 W 48 •' 4, tial Mi `IGA E NEGATIVED CLA AIL 1 MITIGATION MONITORINGAi REPORTING . .AGR bORAM rl A.S 1 Low r !denDensity i F ri • rcial me nue] crossings shopping .•1 vv center caht tt'..&.:4...!:;.:- . 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Jam- � i. r • f an en ve ���` � . :.sir.j:e.._ ;4'.=1►' B— 1,,,:...r.' • :01.11100ikeor � � r rrlr rO ide • t P•PP' 11tici de i * r � • i ro th91.)y re 3 �i i 2 • � r S Plan • w �� ' � � � I er � r in :iiie app v 439/470 , • 3 • x Meeting Date: November 17, 2015F Page: SUBJECT: TR MAI K HOMES MIXED-USE PROJECT–GENERAL PLAN AMENDMENT 14GPA02, r ZONE CHANGE 14Z002,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 8PR04, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM,AND DEVELOPMENT AGREEMENT i • that ncluded the construction and operation of approximately 93,600 square feet of •• retail uses, including a drug store, bank, general shops and a super market, and a subdivision of the site for financing and sales purposes. This approval initially called for developing the site in two phases, whereby the first phase (phase a) would develop the four buildings at the southwest corner of the site, and the second phase (phase lb) : which is located on the current project site, would develop a 52,618 square foot building to accommodate a super market and shop. Ultimately, only the first phase (Phase la) ,• was constructed, which is currently developed with four commercial buildings that include a RiteAid pharmacy, Firestone Complete Auto Care, Wells Fargo, and a multi- tenant building. This commercial development makes up what is currently commonly known as the Sou !Canyon Crossings shopping center. The second phase was . . never constructed and is now part oft the current Trumark mixed-use proposal, and is now proposed to accommodate two commercial buildings totaling approximately 18,000 square feet and six residential condominium buildings that will contain a total of 42 residential condominiums: • Figure : Site Plan Review No 5S = „..,....._‘1,`,14,,K1 1 ,,..=,:--,,.- -_,-:---7.--;--- .- . li,i., .,,,,,:.7-.,it _ p.... ,, in ,i,‘. . • ,..::, .T.%. A, 14; :7- i tii . :0 S .i (194 WOW i *;assiitinhidr..-,, ra. ,, . € 'Jki: G07 +~U a * „s. ti 5. a*r IFrr i .. r� �r i, i - ' ' -1- - - �' r,� i i rte* �. ____,:___„.. t":::::■ �- R, .f. , _.. Ia. ___.--.. -- . _..,:- -- . .1 i,,.„. ,--,77 7 , : ,,_ .fif . 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'+f� ; �# � ��� 4 r_ _ + �r�.,.,.,,. � � • i•.'*r a\1! 1 1 :•1''.1•1''.%t a 1#F i• e ,• ff # - � + � _ ' ' *• L+•�+: li rt 11-1;::: 1J.'..1.:- ..- F ,. 1-.i . + • - a -r }* I V I . - 11,1 } .. i.-.--...,"1."...---,-,4. 'f/#+r al-�• r''i.Fi Phase lb +�,....++~ * rti.a.r x *�a :1---2.-id L R..axa r x 1 f'r..srrr� ;.*.*.*.+i' * # 1 i -7J',- k .* iL - 1.1 i i i f '+ , { - i;■ r.`k :,;:.:-N-'-'-'-% 1.wa#*.�.r++■+...a i••r• *.ra• supermarket + �l{# +` a+ r+ I. 9 i' • • • f c m �+ ` k i_. ' .fY +'AaFi t o .' •i f r*iy�i r i*'-''.i-I'--a- .•l a r* *''-'-'-'11ia a..:I*■*a•f...,:, �' .#1 i 11��1* '-: " i TE - • ~ i• +#--iRi+ ;..... i 1 YI+4 t# 1/~ rtr A +�{�: I ��ar_ �i+ i y#!1'''U a? - :*:....X. 1 .r � • * �.�•�[.`�+fir+F rl+M� ~r' •l♦l , J !/1 ri+F r F i i+f ♦• .a•r#S a a• r 1...b8;7iµ a#.1 f+i`♦■I{^{J��+1y t+`44 A- .} ..F r,*i • a{.##� i} •••••-•::::: •- • r+!F FSR a r!r f# I." ''•• +- i\ #'r i t �� - --'- . i 1 •a■ ... .i t-#.4,, . h - - ':t.■ r: M1 - mil/i 1 • ir 4, * 1-e+.�..,� la r t i.l s...+.#r +ti.l�r+ .. ' 3-1 14 1 ,r++i+a ■r., r*r y i+k i 1 +.-.t. + .a.#.r■i..r#.+■ + 1111 �'+'".� + l .*a s ■ . i 7 i r a O. OI a , • f-+# - "; .-...,- + . .k .v...,,,,. .#.7._ ._ µ_ + + .....rte .._7-.-.-,: .i.� -.-,: if � �.r#x �-���=i#.tr. {�rL �+,..,k-1,±,....--1: -?:. ai fi,#ictal � :` .2: 'A=-=-+ •4...,-7‘,,, s:tail a.�,w##,+ti�!t t,#Y,‘` ...ir<_ $Y Yc* A}IYOU P#'4k1"sS��1Y � -..--.+...-- - 1_ }11 1 Phase la,Soquel �.r. r�' raa�.f}��a as ._1 V ~w r+a.�+ar��r r. ---•- sS.Fr— # f--: , ,r . , , , . . . , Canyon Crossings On June 26, 2014, applications for a General Plan Amendment 40PA , a Zone Change 4ZCO2 , a Tentative Tract Map No. 19904), and a Site Plan Review (I4SPRO4), were submitted to the Community Development Department for processing. The applications request approval to develop the 12.1-acre project site, which includes the vacant area between the Sequel Canyon Crossings shopping center, with a • 440/470 i November 17 2016 Meeting Date: Page: SUBJECT: T Ull A I HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT I4GPA0 , ZONE CHANGE 14ZC0 ,TENTATIVE TRACT MAP 19904, SITE PLAN V W 14SPRO4, i MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING ING AND REPORTING PROGRAM,AND DEVELOPMENT AGREEMENT i horizontal -use development. As indicated above, Trumark is requesting the approval of Site Plan Review No. 14SPRO4 for the development of the mixed use project consisting of 110 for sale residential dwelling units (42 attached townhomes mes and E 68 verysmall lot detached single-family residences) and two commercial buildings totaling approximately 000 square feet to accommodate odate restaurant and retail uses; The project also includes Tentative Tract Map No. 10004, General Plan Amendment (No. 4GPA02 , Zone Change (No. 4ZC0 , and a Development Agreement. , The proposed project includes rescinding the Phase lb portion of Site Plan Review SP O . As indicated above, approval of the abutting Sequel Canyon Crossings F . shopping center was to occur in two phases (Phase la and lb), and only the first phase (phase a was constructed. Since the second phase (phase was never constructed and is now part of the current Trumark mixed-use proposal, the approval for Phase Review of Site Plan O5SPr O3 must be rescinded. TPM 17412 has expired. 3 The project has been reviewed by the City's PRO on July 14, 2014, November 17, 2014, and July 20, 2015, and after submittal of additional information and modifications, Staff deemed theproject applications complete on September 30, 2015. The City Council authorized executing a professional services agreement with GRC Associates to prepare a Market/Economic Analysis Study for the proposed General Plan Amendment and associated Zoning Map Amendment, to change the underlying designation from Commercial to Mixed-Use. As a result, a study was conducted that assessed the benefits and costs to the City of Chino Hills in changing the land use and zoning designations of the project site. i On May 26, 2015, the City Council also authorized executing a professional services agreement with Rincon to prepare a Mitigated Negative Declaration (MND) for the proposed Trumark Mixed-Use project. The Mitigated Negative Declaration was accordance with the California Environmental QualityAct (CEQA) toassessprepared '�n . theproject's environmental impacts. On November 6, 2015, the MND was circulated to the California State Clearing House for a posting and state agency review period of r thirty days (as required by CEQA , end circulated to all appropriate hli agencies for comment. Further, the City mailed notices to 84 property owners within a 300-foot radius from the subject property and Interested parties, and subsequently published the notice ice in the Chino Champion News on November 7, 2015. The public review period runs from November 9, 2015 through December 9, 2015. As of the preparation of this Staff Report,ort there have been no comments received in response to the notice. GENERAL PLAN AMENDMENT/ZONE CHANGE, MEASURE U CONSISTENCY Measure No. 3w(Ordinanceas approved bya vote of Chino Hills residents in November 1999. Measure U prohibits an increase in residential density except under theapproval following circumstances: a majority vote of Chino Hills residents; (2) as necessary to meet the City's n n rn an mandated Housing Element requirements as - 441/470 1 • Meeting Date: November 17, 2015 Page:9 y.� SUBJECT: TR S HOMES MIXED-USE PROJECT—GENERAL PLAN M i i i T 14GP 02, ZONE CHANGE 14ZC 2, TENTATIVE TRACT MAP 19904, SITE PLAN 11 14SPRO4, MITIGATED NEGATIVE DECLARATION,MITIGATION MONITORING AND REPORTING PROGRAM,AND DEVELOPMENT AGREEMENT - 7 r through a simultaneous i setI forth California Government Code §85580, et se R; or transfer General Plan designations provided that the net effect of the transfer does 3 not increase the total number of residential units allowed on the properties in the transfer, including, ritout limitation, the City's share of regional housing needs. 3 The project includes a General Plan Amendment and Zone Change to change the land use designation and zoning to Mixed Use. This land use change forthe property to Mixed Use requires a simultaneous us General Plan and Zone Change of a portion of the e Tres reran os site 'A" which will change from Mixed Use to Agriculture/Ranches and a simultaneous transfer of units consistent with Measure U to ensure that the proposed 110 residential unit development would not increase the overall density in the City. The City's General Plan Update, approved February 2015, allocated 4741 Mixed Use units to . a 20-acre portion of Tres Hermanos Site , located immediately southwest of Grand Avenue in Chino Hills. As part of the proposed project, 110 residential units would be transferred from the Tres Hermanos site consistent with Measure U and allocated to the project site. See Error!Reference source not fon .: :_ Table Residential Unit Transfer from Tres Hermanos Site to Proposed Project Site Tres Hermanos Tru ark Densiiy Transfer 1 #of Units Proposed Site Size Density Project General r rr Name g r Entitled (Acres) /Ac Tieser a 304 s 471 15.30 2023.7 MixedUse MU (Site Y Trumark 110 12.6 I 6.71 gross Mixed Use f Note: 4.64-acre land area reduction within i Tres Hermanos Site"A'will be redesignated as Agriculture/Ranches with zero units allocated. above, transferring `l`l units from Tres [ ermar os Site"A" to the Trumark . • As illustratedMixed-Use project site will result in redesignating 4.64 acres of the Tres Hermanos site • "A"to Agriculture/Ranches with no additional units. As such, the proposed project is consistent with Measure U. GENERAL PLAN AND ZONING CONSISTENCY The project site is currently designated as Commercial in the Chino Hills General Plan and is consistently zoned General Commercial (C-G). These designations allow for a wide range of non-residential uses, generally encompassing retail, office and other mixed commercial uses. The proposal includes changing the General Plan Land Use Designation of the subject property from Commercial to Mixed-Use, thereby requiring a General Plan Amendment. Further, thero'1ect includes changing the Zoning designation of the property General Commercial (C-G) to Mixed-Use (MU), thereby � requiring a Zone Change. . 442/470 F Meeting Date: November 17,2010 Page: 10 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT- GENERAL PLAN AMENDMENT GAO , r. ZONE CHANGE 1 ZC0 , TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 1 8P 0 , MITIGATED GATI E DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM,AND DEVELOPMENT G EM l Pursuant Sections 16.60.030 and 16.62.040 of the Chino Hills Municipal, the 3 following findings are required to rove a General Plan Amendment and Zoning Code Amendment. (Municipal code language is boldface, followed by findings in normal type): t A. That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment. The reject would convert a vacant commercial propertyto Mixed Use, providing a mix of residential and commercial. The Mixed Use designation was created by the City General Plan to promote sustainable land use goals that include encouraging infill development, centralized land uses and mixed uses. Mixed Use development creates a diverse and pedestrian-friendly neighborhood consisting of housing mixed with commercial uses, all within a short walk f each other. The commercial component of the development wll feature outdoor dining and community gathering spaces and will link via walkways to the residential components. The residential housingproductslot detached and component will providetwo fir sale attached t wnhome that will meet the needs of many new home-owners, small households and those that cannot afford to purchase a standard single family house • in Chino Hills. • • As part of this process, GRC Associates, inc. (GRC) prepared a market and economic analysis (Exhibit"D")for the project to evaluate the fiscal impacts to the City of converting the 2.1 acre site from Commercial to Mixed-Use, and evaluate the fiscal impacts of a total commercial scenario. In assessing the demand for a mixed- use project and for a total commercial project, GRC reviewed current market nditions and socioeconomic factors and determined that the demand for mixed use is substantially stronger than commercial, although the long term property tax and sales tax revenue would be lower for the mixed use project than an all commercial project. B. That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan. The project would meet the following General Plan goals, policies, objectives and actions: Land Use Element: O Goal LU-2:: Balance residential with commercial, business, and public land uses. 0 Policy.LU-2 : Promote land use patterns that support a regional jobs/housing balance. Action LU-2.5.1.: Achieve a balance of commercial uses that provides for thretail, business, professional, and other will needs of City residents, and that attract customers from the surrounding region. 443/470 Meeting Date: November 17, 2015 Page: 11 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT C`r--GENERAL PLAN AMENDMENT I GPAO # ZONE CHANGE 14ZCO2, TENTATIVE TATIV TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, e MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING r ING AND REPORTING PROGRAM,AM,Ai D DEVELOPMENT AGREEMENT • ii Policy LU-5.1: Promote infill, mixed use, and higher density development F • Action W-5.1.1.: Identify sites suitable for mixed use development within an existing g urian service area establish appr e site-specific standards • accommodate the mixed uses. • Action .W-5.1.4: for high density residential and mixed . use development near commercial mercial areas, major roadways, and transit facilities. Housing Element: 0 Goal H-1.: Provide a range of housing types while maintaining the City's overall low density character. u Policy -1:1: Provide a variety of residential opportunities in the City, including large lot estates, tow 1ersi single-family medium ium density townhomes, and high density condominiums and apartments. • Action 11-1.1.1.: Continue to review the City Land Use Plan and available vacant and underutilized sites to identify appropriate sites for housing at varying densities. • Action H-1.1.a Encourage m ltifar ii r jects of high quality a design. • Policy H-1.4: Provide for new housing sites to satisfy requirements of state housing law and consistent with Measure U. • 0 Goal -q: Promote and encourage housing opportunities for all economic segments erts cf the community, re ar e s of age, sex, ethnic background, physical condition or family size. Economic Development Element: Goal ED-1: Promote a diversified economic base. • Policy ED-I.1.: Promote commercial service uses targeted to serve Chino Hills' residents and shoppers from other areas. 0 Action ED-1.1.2i: Encourage uses near the SR-71 Freeway and major commercial arterials that have a positive net fiscal benefit to the City. C. That the r e amendment will not conflict with provisions of the Municipal Code, subdivision regulations, or any applicable specific plan. As illustrated in more detail in Table 2, below, the proposed project complies with or exceeds the minimum development standards for properties designated as Mixed-Use. In compliance with the Mixed Use development en standards, common open space elements are integrated throughout the residential component, and highlighted by an improved pedestrian open space area within the SCE easement area to the north ofthe project site; while common open space elements in the commercial component include io outdoor seatingand plaza with water feature to enhance the gathering outdoor patios, . area. 444/470 Meeting Date: November 17, 2015 Page: 12 SUBJECT: TRUMARK K HOMES MIXED-USE-US PROJECT—GENERAL PLAT AMENDMENT 14GPA02, ZONE CHANGE 14Zc02, TENTATIVE I TRACT MAP 19904, SITE PLAN REVIEW ISP 4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING O Ai REPORTING PROGRAM, AND DEVELOPMENT AGREEMENT Parking: Parking has been distributed throughout the project site, which includes garage arkin for each residence, visitor parking and on-site parking for the commercial component. A shared parking analysis has been completed as part of the • project's Traffic Impact Analysis (Exhibit "E"). The project calls for a total of 115 spaces provided within the commercial component of thep ro`ect and 220 garage spaces and 132 `{guest" spaces provided within the component of the mixed-useproject. Directapplication of the City's code j residential results in a parkingrequirement f 130 spaces for the commercial component, . consisting f 45 spaces for the retail space and 85 parking spaces for the restaurant use. With a proposed on-site parking supply of 115 spaces, the project would provide 15 less spaces when compared to the City's parking requirements. For the residential . component, direct application of the City's code results in a parking requirement of 377 t r spaces for the residential component, consisting of 220 resident parking spaces (enclosed garage spaces) and 157 guest parking spaces. The proposed project k complies with the requirement for providing the residential parking of two enclosed F garage spaces per residential unit; however, relative to the resident guest parking 3 requirement of 157 spaces, a parking deficiency of 25 spaces is calculated when a compared against a resident guestparking supply of 132 spaces. . Ordinance allows for projects to deviate from the parkingcode if . The Mixed se a City-approved roved shared parkingstudy. The shared parking analysis for the supportedy � proposed osed r i ed- se project involved determining the expected parking needs, based on the size anda of proposed development components, versus the parkingsupply. � p P Two methods were used to estimate the peak parking demands ofthe proposed project: application of City code requirements (which typically treat each use of the Project as a "stand alone" use at maximum demand); and, application of shared parking usage patterns, which recognizes that the parkingdemand for each land use component P � � varies by time of day, day of week, andior month of year. As noted above, there is an existing reciprocal access and parking agreement between the existing shopping eel Canyon Crossings sh ping center and the Project's commercial component. The existing So eel Canyon Crossings shopping center currently provides . 217 spaces. • Shared parking calculations recognize that different uses often experience individual peak arkin demands at different times of day, or days of the week, or even months of the year. When uses share a common parking footprint, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day, week, and year), rather than individual peak ratios as represented in the City's Municipal Code. The analytical procedures for shared parking analyses are well documented in the Shared Parking, 2nd Edition publication by the Urban Land Institute (UL1). The UL1 methodology allows the analyst to consider factors such as the potential for internal capture within the site. The ULI shared parking publication includes P extensive data related to maximum parking requirements for various types of uses, as well as data related to the mode of arrival and internal capture. • 445/470 Meeting Date: November 17,2015 Page: 13 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT GENERAL FLAN AMENDMENT I4 PA0 , ZONE CHANGE 14 C0 ,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW SPR 4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING G PROGRAM,AND DEVELOPMENT AGREEMENT The weekday and weekend parking demand profiles for the commercial and resident guest components of the proposed project and the Soquel Canyon Crossings shopping • center are based on the shared parking methodology, assuming full occupancy of both centers, According to the shared parking analysis, the peak demand for the commercial component of the project occurs at 12:00 PM, with a peak weekday demand of 88 spaces and a peak weekend demand of 111 spaces, respectively. Thus, it is forecasted that there would be a minimum surplus of 27 spaces and 4 spaces during the weekday and weekend peak hour, respectively. The shared parking analysis also indicates that the resident guests parking demand is satisfied throughout the weekday and weekend daytime period, except during the evening period when the peak parking demand occurs at 7:00 PM on weekday and weekend day. With a total "resident guests" parking supply of 132 spaces, the resident guest demand is short by 25 spaces. However, this deficiency is off-set with the use of the surplus spaces provided at the retail center, namely the"head-inion-street" spaces that are located along "B street" closest to the condominium buildings. When considering the sharing of spaces between the retail center and the resident guests, adequate parking is provided for the entire mixed usep ro'ect. • Due to the existing reciprocal parkingand access agreement between the project site p and the abutting Soquel Canyon Crossings shopping center, the shared parking analysis also assessed the existing parking supply and demand and its relationship with the proposed development. According to the analysis, the forecast peakparking demand on a weekday totals 191 spaces at 1:00 PM, which results in a minimum functional surplus of 26 spaces when compared to the existing parkin supply of 217 spaces. The forecast peak parking demand on a weekend totals 193 spaces at 12:00 • PM, which results in a minimum functional surplus of 24 spaces when compared to the existing parking supply. Due to the availability of cross access between the retail center component of the proposed project and Soquel Canyonrossin0 s shopping center, the p� � forecast combined peak parking demand on a weekday totals 276 spaces at 1:00 PM, which results in a minimum functional surplus of 57 spaces when compared to the "retail" shared parking supply of 332 spaces. The forecasteakparkingdemand on a p weekend totals 304 spaces at 12:00 PM, which results in a minimum functional surplus of 28 spaces when compared to the "retail"shared parking supply, it should be noted that when evaluating the peakparking demand of the retail center component of the project during the weekday evening and weekend evening eak period, a minimum of 62 spaces is available starting at 7:00 PM at the Soquel Canyon Crossings site for use by the proposed project. With a reciprocal access and parking agreement in place between the two properties, the surplus spaces on the Soquel Canyon Crossings site could serve as additional parking for the project's retail center, if needed, when the parking demand for project's resident guests is at its peak. • 446/470 Meeting Date: November 17, 2016 Page: 14 SUBJECT: TRUMARK HOMES MIXED-USE-USE PROJECT—GENERAL PLAN AMENDMENT I4GPA0 , ZONE CHANGE 147002,TENTATIVE TRACT 00 , SITE REVIEW 1sP MITIGATED DECLARATION, MITIGATION MONITORING AND REPORTING ' . PROGRAM,AND DEVELOPMENTAGREEMENT Based on the analysis, the project's proposed parking supply for the retail center and • - . resident guests is sufficient ent t cmproposed mix of retail and restaurant . uses of thro;ect's commercial cial component as well as the parking demand of the • resident guests. D. In the event that the proposed amendment is a change to the Land Use 4. Policy Map, that the amendment will not adversely affect surrounding properties. r e The reject site is an existing in-fill site, accessed from a major thoroughfare, and new interior streets will be constructed to provide access the residential uses and as { additional access to the coy merc al component ofi the project. The projectincludes two new commercial buildings, which will result in a development on the subject property that will be designed with tiled gable roofs, exposed beams under the roof eaves, and earth tone exterior color and material finishes, similar to the abutting Soquel Canyon Crossings shopping center so that the appearance will blend with and be compatible with the adjacent Soquel Canyon Crossings shopping center, creating a more cohesive appearance. The project also proposes to complete two previously approved residential tract maps that will convert vacant dirt properties into new housing that will be constructed consistent with City design guidelines. The project will also complete the 5 intersection of Soquel Canyon Parkway and Pomona Rincon Road, including installation of a traffic signal and landscaped median improvements, Lastly, the project proposes to . enhance the previously approvedpedestrian improvements to the existing SCE R easement, connecting neighborhoods to the north and east with the existing Sequel • Canyon Crossings center and the proposed new commercial center. R E. With respect to all applications which seek to increase density for single- y ami detached residential development projects, including residential • developments i the Planned Development district or in a PD development, 5 • that a fiscal impact analysis has been prepared as required by the City and paid for by the applicant. ' than this report shallinclude analysis of the � I I. project's effect on the City's revenues, expenditures, service levels, capital improvement needs and project's ability to generate tax revenue. As mentioned above, GRC Associates, Inc. (GRC) prepared a market and economic y anal sic (Exhibit"D")for the project ; The analysis found that although the commercial scenario could yield more property and sales tax over a 20 year period, the retail demand at the project site may not be as strong due to its location and nearby competition. A condition of approval has been added to require the developer to pay the difference In property tax as part of the development agreement. It should be noted that, pursuant to Government Code Section No. 65358, any mandatory element of the General Plan may be modified a maximum of four times per calendary ear. Should the requested General Plan amendment be approved, it would represent thisy ear's third amendment to the General Plan. PROJECT ANAL S1S (SITE PLAN REVIEW" 447/470 t Meeting Date: November 17,2015 Page: 16 i 1: SUBJECT: TRUMARK HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT T '4GPA02, ZONE CHANGE14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW I4SP 04, MITIGATED NEGATIVE DECLARATION, MITIGATION ION MOM# I G AND REPORTING PROGRAM,AND DEVELOPMENT AGREEMENT . , The following section discusses pertinent planning issues of the project, including site. layout and gess and the development standards associated with mixed use projects 1velopment . in accordance with Municipal Code Section 16113 040, E• Site Layout and Access }- As previously described, the mixed use project includes two multi-tenant retail come ercial buildings east of the existing Sequel Canyon Crossings shopping 0 center. Building A will measure approximately 8,080 square feet and is anticipated to accommodate a restaurant/food use; while Building B will measure approximately 12,000uare feet and is anticipated to accommodate both retail and restaurant/food uses. The residentialp n r t lud s 4� ttached townhor es r h ch will t dispersed throughout six individual buildings, each containing seven units. Each building will measure 41Y-6" in height,which will accommodate 3-story townhome units. r Each townhome will maintain a 2-car garage, and additional guest parking will be i located along private within theproject site. residential VN J# F the r ye t also includes 88 very small lot detached single-family residences, measuring • between 2, 000 square feet and 2,464 square feet in floor area. Further, each T residence will be two-stories and the residences will k e constructed on individual lots between2,300 square feet and to 4,650 square feet in lot area. Each measuringresidence will maintain a 2-car garage, and additional guest parking will be located in the driveways or on the private streets in close proximity to the residences. • e tures Alongthe northern boundaryof the project site, there is a Southern a California Edison (SCE) right-of-way easement that is approximately seven acres in area, measuring 150 feet wide and over 2,000 feet long (east to west). Development within the easement is prohibited with the exception of landscaping, pedestrian pat s rails and access roads for SCE vehicles and equipment. The previously . approved TIM 17653 included a pedestrian trail and access road through the SCE easement that was approved by SCE. The applicant proposes additional pedestrian paths to provide increased pedestrian access to the existing development located northeast of the flood control channel, as well as the existing Soquel Canyon Crossings shopping center that abuts the project site along the west. The pedestrian spine would t include additional minor paths that connect to the proposed residential development along the north and south boundaries of the easement These connections would : further enhance future residents ability to utilize this open space amenity and encourage walkability and pedestrian access within the vicinity of the project. The additional pedestrian paths will also provide connections between the previously approved single-family residences and the proposed mixed use development, and will provide additional connections between the on-street parking along the northernmost pimproved ate street and the proposed mixed-use development. The trail would also provide pedestrian linkage for the existing residential communities located to the northeast of the project site, which are currently separated by a drainage wash. Although there is a bridge that crosses said wash, there are no improvements to safely direct pedestrians across the bridge to access the project site. Installation of the trail system will provide a valuable linkage between current and future residential uses with 448/470 Meeting Date: November 17, 2016 Page: SUBJECT: TRUMARK HOMES MIXED-USE PROJECT GENERAL PLAN AMENDMENT I4 PA0 ZONE CHANGE 14 00 ,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW I4SP 04, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AICD REPORTING PROGRAM,AI , AND DEVELOPMENT AEEME T the current and future commercial components, thereby facilitating and encouraging pedestrian access between the communities. Landscaping within the SCE easement would include low, drought tolerant shrubs and varying colors of decomposed granite. ti Mixed Use Development Standards Since the proposal includes changing the underlying land use and zoning designations • to mixed use, the subsequent development is subject to the standards contained in Municipal Code Section 16.13 040. Table 2 on the following page illustrates the applicable development standard, and a comparison of the various components of the proposed development. Table 2 • • •Tri• Mtn Project Size: I acre min, Project size measures 1 .I acres in area Maximum Height:42 feet Commercial Buildings:s: 37 feet Very Small Lot Single-Family Detached: 30-feet I � - Attached To rnhome: 40�-0�r Residential Density: 12.6 du ac 110 du ac min- dufac ma Minim m Residential Private Open Very _ Small Lot Single-Family Detached: � locatedin rear Space: yards, private open space areas measure between 241 70 sfldu sf/du and 2,284 sf du Attached To nhome: located in patios/porches and • balconies,ies, private open space areas measure 70 sfdu 'Common Open Space: !Residential Component: common open space areas rShall be integrated throughout the include two small open space " arklettes`1 along the residential and commercial private street, towards the eastern portion of the project :components, In the residential site. Further, there is an existing Southern California • :component, common open space Edison (SCE) right-of-way easement that is *elements may consist of park and approximately seven acres in area that will become paril :swimming pool facilities, rooftop of the mixed use development. The easement will be .recreation, community gardens, and improved with landscaping and pedestrian paths/trails enhanced gather spaces, in the that will increase pedestrian access to the existing -commercial component, common open residential community located northeast of the flood ?s ace elements mayconsist of outdoor control p channel, as well asthe existing Soel Canyon 'patios, outdoor seating and plazas, Crossings shopping center. The pedestrian spine enhanced pedestrian features, water would include additional minor nodes that connect to features, gardens, and other enhanced the previously approved residential development to the • • 449/470 i I I I Meeting Date: November 17,2016 Page: 17 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT 4 . A , ZONE CHANGE 14ZCO2,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE DECLARATION,, MITIGATI MONITORING AND REPORTING PROGRAM,,AND DEVELOPMENT AGREEMENT ;gathering areas. north. These connections would further enhance future residents' ability to utilize this open space amenity and encourage walkability and pedestrian access within the vicinity of the project. Commercial Component: common open space elements include outdoor dining along the front of the commercial buildings, and a dining and trellised plaza • area between the two commercial buildings. The f experience in the area will be enhanced with the incorporation of a water feature to create a more inviting . s i public space. t • Parking Required: All residential dwellings provide the Code-required 2-cap. J t Per Section 16.34.060, or as otherwise garage for each dwelling, and provide for required guest_ !determined through a City approved parking in driveways and along the private streets; shared parking analysis however, there is a 25 space shortage in guest spaces . for the residential component. The commercial component provides for a total of 115 spaces; however, since it is assumed that half of the 1 proposed square footage will be for restaurant/food use, there is a 15 space shortage in parking. In accordance with this provision of the Municipal Code, F a shared parking analysis was conducted by the City's traffic consultant. Taking into account forecasted . combined peak parking demand for all uses, it was ! . . t concluded that the project's proposed parking supply for, I the retail center and resident guests is sufficient to 1 • accommodate the proposed mix of retail and restaurant uses of the project's commercial component as well as the parking demand of the resident guests. F a As illustrated in Table 2, above, the proposed project complies with or exceeds the : minimum um development standards for properties designated as Mixed-Use. Thee small lot detached single-family residences will maintain between 241 square feet and 2,284 square feet of private open space, while the townhomes will maintain 70 square feet of private open space distributed through balconies and private front yards (minimum 70 sf du). Common open space elements are integrated throughout the residential component, and highlighted by an improved pedestrian open space area within the SCE easement area to the north of the project site. Common open space elements in the commercial component includes outdoor patios, outdoor seating and plaza with water feature to enhance the gathering/seating area. Site Architecture The proposed architectural design of the commercial component of the mixed use project will be consistent with the architecture of the abutting So eel Canyon Crossings shopping center, thereby blending the sites and creating an aesthetically cohesive development.ent. u her, the architectural style will also be used in thep ro osed p 450/470 t Meeting Date: November 7, 2015 Page: 18 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT T '4GPAO2, ZONE CHANGE 14ZCO2,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM,AND DEVELOPMENT AGREEMENT townhome buildings that also abut the Soquel Canyon Crossings shopping center, which creates stronger cohesiveness. The proposed very small lot single-family detached residential buildings will incorporate similar architectural style and will include finish elements, such as smooth stucco façade treatments, tile roof materials and varied elevation planes to reduce the bulk of structures. Since these are finishes and elements that will be found throughout the mixed use development, and are existing finishes and elements that are currently found in the adjacent commercial and residential uses, the proposed rix i use project will be emp tibl with the abutting developments and the immediate vicinity. Each building will feature 360 degrees of architectural treatments • and enhancements. Energy Efficiency • The proposed mixed use project demonstrates an increase degree of environmental sensitivity. According to the applicant, not only will the developer build in accordance with the new energy code and LEER standards, the project will include solar ready •• homes, tankiess water heaters, prewiring for Hybrid Plugins and electric vehicles, water efficient landscape, and will utilize underground detention to reduce urban storm water •• runoff. • DEVELOPMENT AGREEMENT A Development Agreement is proposed as part of the project to facilitate the proposed General Plan amendment for the multifamily portion of the project (Exhibit "F"). In exchange for obtaining the binding agreement f City to permit the development of the Projectp rs ant to the current rules in place for the next 10 years, and the Development Impact Fees for the next 5 years, the Developer agreed to pay the City a : Development Agreement Fee totaling six hundred fifty thousand dollars ($650,000) to • be utilized by the City for whatever public purpose it deems appropriate. R ENVIRONMENTAL DETERMINATION, • In accordance with thep rovisions of the California Environmental Quality Act(CEQA), an Initial Study was prepared of the project's environmental impacts (see attached Draft Initial Study/Mitigated Negative Declaration). Although CEQA identifies a number of categorical exemptions that would exempt a proposed project from the preparation of environmental documents, the Initial Study and subsequent Mitigated Negative • Declaration (MND) were prepared since the proposed project did not qualify for a CEQA exemption. The Initial Study/Mitigated was prepared for the project by Rincon Consultants, an nirmmntal consulting firm pre-approved and retained by the City for preparation aration of the required project environmental documents. Technical studies prepared as part of the IS/MND included air quality and greenhouse gas modeling, biological resources study, cultural resources survey, noise modeling, and a traffic + impact report. As shown in the attached 1S MN (Exhibit "C"), the project will not result in or create 451/470 • Meeting Date: November 17, 2015 Page: 19 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT I4OA02, ZONE CHANGE 14 002,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW 14SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM,AND DEVELOPMENT AGREEMENT any significant impacts, or have less than significant impacts to aesthetics, agriculture and forestry resources, geology/soils, greenhouse gas emissions, hazards/hazardous materials, hydrology/water quality, land use, mineral resources, noise, population and housing, public services, recreation, transportation/traffic; and, utilities. However, the Initial Study identified that the project may create potentially significant impacts to air quality, biological resources, cultural resources, and transportation/traffic, unless • mitigated with appropriate measures. A summary of these topics and mitigation measures is provided below. Incorporation of the mitigation measures will result in a • less than significant impact, Air Quality It was identified that the project may result in an air quality impact with regards to temporary construction emissions i.e., nitrogen oxides produced during combustions). These emissions would occur during daytime hours only, and would be isolated to the immediate vicinity of the construction site and activity. The1 otential aesthetic impacts to the visual character of the site have resulted in incorporating a mitigation measure that requires all heavy equipment with an engine rating of 125 horsepower or greater shall be compliant with CARBIE A Tier ill emissions standards or better. Implementation of this mitigation measure would reduce NOx emissions to below S A MD regional significance thresholds. Biological Resources • { { As described above in the Environmental Setting Section of thIS/MND, It was identified that the project may result in an impact with regards to special status species. Specifically, marginally suitable foraging and nesting habitat for burrowing owl exists on- site. Dirt and debris piles with existing burrows and the presence of California ground squirrel provide moderate foraging and nesting habitat for burrowing owl. However, no burrowing owl individuals or sign (e.g., white wash, feathers, pellets) were observed during the reconnaissance survey performed during the breeding season. In addition, the project site has a history of frequent disturbance and is surrounded by residential and commercial development and heavily travelled transportation corridors. These factors further reduce the habitat quality and potential for occurrence for burrowing owl. Nonetheless, the potential impact to the burrowing owl has resulted in incorporating Mitigation Measure B10-4, which requires preconstruction protocol surveys to assure avoidance of impacts to the species Further, the California Natural Diversity Database (CNDDB) has records for nine sensitive plant species, five sensitive plant communities, and 16 sensitive wildlife species within five miles of the project site. Sensitive plant and wildlife species typically have very specific habitat requirements, most of which are not found on the project site. Mitigation Measures B10-1 through B10-3, which require an environmental awareness program, biological monitor, and avoidance and protection measures, would be required to avoid impacts to sensitive biological resources prior to construction. 452/470 1 L • L Meeting Date: November 17, 2015 c Page:20 SUBJECT: TRUMARK HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT I4OPA , ZONE CHANGE 14ZCO2, TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW I4SPRO4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING ING PROGRAM,AND DEVELOPMENT AGREENT Lastly, the project ntainornamental trees � �, and rlrn n bottlebrush), (i.e., California fan palmand velvet native shrubs (i.e., coyotbush) that could provide suitable nestinghabitat for several common avian E species. Since the proposed project would result in the removal of existing trees, Mitigation Measure BIO-5 would be required to reduce impacts to nesting birds to a less than significant level. Thus, implementation of these mitigation measures would result in a less than significant impact upon the issue of Biological Resources. Cultural Resources It was identified that the proposed project may result in an impact to cultural resources, specifically to archaeological resource, paleontological resource, and disturbance of human remains. The potential impacts result frr ground-disturbing g activities associated with construction of the project. Although these activities would primarily be conducted in areas that have been previously disturbed by agricultural uses on site, t Rincon Consultants conducted a search of the California Historical Resources Information System (CHRIS) to identify all previously conducted cultural resources work within the project site and a 0.5-mile radius around it, as well as to identify previously} recorded cultural resources within or near the project site. Seventeen potentially historic resources have been recorded within a 0.5-mile radius of the project site. One of . these resources is located within the project site, which consists of an isolated mano t fragment identified on the surface. Although the historic resource was recorded on the project site, the isolate was collected at the time of its recording and is no longer on the property. Another resource is located directly adjacent to the project site, but was destroyed during radii activities associated with construction of the adjacent residential tract. Lastly, an archaeological site containing human remains was identified approximately 6 feet meters) below grade during construction monitoring in an area approximately 622 yards (569 meters) east of the project site. Due to the presence of recorded resources within and directly adjacent to the project site and the identification of human remains near the project site, ground disturbing activities within the project site would have potentially significant impacts on { archaeological, paleontological, and tribal cultural resources. However, with • implementation erntation Mitigation i e ores through CR-8, impacts cultural and P paleontological resources would be reduced to a less than significant level. Further, California Assembly Bill 52 (AB 52) was enacted on July 1, 2015. AB 52 r expands CEQA by establishing a formal consultation process for California tribes within the CEQA process. The bill specifies that any project that may affect or cause a substantial adverse change in the significance of a tribal cultural resource would require a lead agency to Begin consultation with a California Native American tribe that is traditional and culturally affiliated with the geographic area of the proposed project." According to the legislative intent for AB 52, "tries may have knowledge about land and . cultural resources that should be included in the environmental ental ana sis for projects that may have a significant impact on those resources." Section 21074 of AB 52 also defines F 453/470 F • • Meeting Date: November 17, 2010 Page: SUBJECT: T UI A K HOMES MIXED-USE PROJECT—GENERAL PLAN AMENDMENT 140PA0 , ZONE CHANGE 14 00 ,TENTATIVE TRACT MAP 19904, SITE PLAN REVIEW I4SP O4, MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM,AND .OPSIT AGREEMENT t• a new categoryof resources under CEQA called "tribal cultural resources.&quo