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08-09-2016 CC Rpt 22City of MEMORANDUM Chino Hills DATE: August 3, 2016 TO: Honorable Mayor and City Council FROM: Konradt Bartlam, City Mana e RE: PLANNING COMMISSION A TION REGARDING AGENDA ITEM 7A CONSIDERATION OF RECOMMENDATION TO ADOPT MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND TO APPROVE SITE PLAN REVIEW 15SPR01 FOR CONSTRUCTION OF A 100,330 SQUARE FOOT LIGHT INDUSTRIAL BUILDING ON A 4.87-ACRE VACANT PARCEL LOCATED AT THE NORTHEAST CORNER OF FAIRFIELD RANCH ROAD AND RED BARN COURT At their meeting of August 2, 2016, the Planning Commission (Commission) resumed the public hearing for the Indus Light Industrial Building Project, which had been continued from their meeting of June 7, 2016, to address the Planning Commission's request for additional information related to proposed project Condition of Approval (COA) No. 82 which requires the Applicant to provide reimbursement to B.A.P.S. for construction of frontage improvements along Fairfield Ranch Road. The project includes a Site Plan Review for the development of a 45-Moot tall light industrial building measuring 100,330 sq.ft. in area. Specifically, the building will include two floors of office space totaling 7,500 sq.ft, and one floor of warehousing space totaling 92,830 sq.ft. The proposed project also includes loading docks along the eastern side of the building adjacent to Red Barn Court; a total of 118 surface parking spaces throughout the site; four ingress/egress driveways (two along Fairfield Ranch Road and two along Red Barn Court); and landscaping throughout the site. Also requested is the adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the project. During the August 2nd public hearing, staff provided a brief discussion of the information provided by both the Applicant and B.A.P.S. following the June 7th public hearing, and the issues considered in arriving at the methodology used to determine the fair share reimbursement to B.A.P.S. for Fairfield Ranch Road. The Commission discussion centered on how the fair share reimbursement was calculated and why the fair share had been reduced to $379,540 from the $503,345 previously recommended at the June 7th public 227/332 August 3, 2016 Page Two hearing. The Applicant, Jackson Smith of Newcastle Partners, presented information about the infrastructure costs associated with the proposed project and Indus' calculation of fair share for the road reimbursement. Ronak Patel presented information about their costs for the road and their calculation of fair share reimbursement. Jim Gallagher, Rossana Mitchell, Magan Champaneria and Amrut Patel spoke in support of B.A. P.S. After further discussion on the merits of different fair share methodologies, the Commission adopted the resolution approving the project on a 3-1 vote (Chair Larson dissenting, and Commissioner Eliason absent), with a modification that the reimbursement amount be increased to $503,345, the amount originally put forward by staff. KB: IL:ES: ssr 228/332 PLANNING COMMISSION AGENDA STAFF REPORT Meeting Date: August 2, 2016 Public Hearing: 0 SzS Discussion Item: ❑ Chino Hills Consent Item: El July 26, 2016 Agenda Item No.: 7a TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND SITE PLAN REVIEW (15SPR01) FOR THE INDUS LIGHT INDUSTRIAL BUILDING PROJECT, A 100,330 SQUARE FOOT LIGHT INDUSTRIAL BUILDING ON A 4.87-ACRE VACANT PARCEL LOCATED AT THE NORTHEAST CORNER FAIRFIELD RANCH ROAD AND RED BARN COURT CONTINUED PUBLIC HEARING This staff report provides a discussion of the issues raised at the June 7, 2016 Planning Commission public hearing. Please refer to the attached June 7, 2016 Planning Commission staff report and its previously distributed attachments for additional information regarding the project. EXECUTIVE SUMMARY The project is a request by Newcastle Partners (the applicant) for approval of a Site Plan Review (15SPR01) to facilitate the construction of a light industrial building on a 4.87-acre vacant parcel located at the northeast corner of Fairfield Ranch Road and Red Barn Court, south of the future Fairfield Ranch Commons development. As shown in the proposed project site plan, the proposed project consists of a 100,330 square foot light industrial building comprised of two floors of office space totaling 7,500 square feet and one floor of warehousing space totaling 92,830 square feet. The proposed building would measure approximately 45-feet in overall height, would include loading docks along the eastern side of the building adjacent to Red Barn Court, and a total of 118 surface parking spaces provided throughout the site. The proposed project also includes a total of four ingress/egress driveways, consisting of two driveways along Fairfield Ranch Road and two driveways along Red Barn Court. This item has been continued from the June 7, 2016 to address the Planning Commission's request for additional information related to proposed project Condition of Approval (COA)No. 82 which requires the Applicant to provide reimbursement to B.A.P.S. for construction of frontage improvements along Fairfield Ranch Road. 229/332 Meeting Date: August 2, 2016 Page: 2 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT— SITE PLAN REVIEW 15SPRO1, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM RECOMMENDATION That the Planning Commission: a) Continue the public hearing and take public testimony on the project; and, b) Adopt a Resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS, ADOPTING A MITIGATED NEGATIVE DECLARATION, MITIGATION MEASURES AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR SITE PLAN REVIEW 15SPR01; AND, APPROVING SITE PLAN REVIEW 15SPR01 TO ALLOW THE DEVELOPMENT OF A 100,330 SQUARE FOOT LIGHT INDUSTRIAL BUILDING ON A 4.87-ACRE VACANT SITE. ANALYSIS During the June 7th public hearing, the Commission discussed the following issues: • Traffic generation from project uses; • Sufficient maneuvering area for semi -trucks turning at Chino Hills Parkway onto Monte Vista Avenue and then onto Fairfield Ranch Road; • Outdoor storage and screening; • Fair share reimbursement to B.A.P.S. for the construction of frontage improvements along Fairfield Ranch Road in the amount of $503,345. Staff and the applicant addressed the Commission's concerns regarding traffic, truck turning radii and outdoor storage and screening. The issue of fair share reimbursement from Indus to B.A.P.S. for the construction of frontage improvements along Fairfield Ranch Road was raised by Ronak Patel who spoke during the public hearing on behalf of B.A.P.S. Mr, Patel indicated that the fair share reimbursement amount to B.A.P.S. should be increased to $1,200,000 rather than the $503,345 fair share which was calculated by the City Engineer and required by project COA No. 82. The Commission continued the public hearing to June 21, 2016, requesting that B.A.P.S. provide documentation that supports their claim that the fair share reimbursement should be $1,200,000, and the City Engineer's methodology that was used to calculate the $503,345. The City Engineer's methodology calculated Indus' fair share of construction cost to be $360,550 and fair share of land cost for right-of-way (ROW) acquisition to be $142,795. (Refer to Attachment 1). B.A.P.S. was conditioned to realign and construct Fairfield Ranch Road from Monte Vista Avenue to Old Central Avenue, and to acquire any ROW necessary for such improvements as part of its Temple and Cultural Center project JPM15901, 03DCA01, 02CUP09, 02SPR07) which was approved in 2004. The applicable conditions for the B.A.P.S. Temple and Cultural Center project are COA Nos.15 and 95. (See below.) 230/332 Meeting Date: August 2, 2016 Page: 3 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT --SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM COA No. 15 required B.A.P.S. to construct the road and to enter into a reimbursement agreement with the City prior to road construction. Under the reimbursement agreement, the City would commit to condition future development of properties fronting the road to reimburse B.A.P.S. their respective fair share of improvement costs and ROW acquisition cost COA No. 95 required B.A.P.S. to make a good faith effort to acquire the necessary ROW to construct Fairfield Ranch Road with the option of requesting the City to pursue the necessary ROW acquisition. B.A.P.S. Temple and Cultural Conditions of Approval Applicable to Fairfield Ranch Road: 15. The applicant shall be responsible for construction of Fairfield Ranch Road from its current terminus at old Central Avenue. The developer shall fully improve Fairfield Ranch Road with full width street improvements (88' right-of- way/74' curb to curb) along the project frontage from the existing easement for Bird Farm Road to Monte Vista Avenue. Subject to the execution of a reimbursement agreement between the City and the developer, the developer shall improve Fairfield Ranch Road with partial street improvements (56' pavement) within the full 88' right-of-way from the existing easement for Bird Farm Road south to Old Central Avenue. Under the reimbursement agreement, the City will agree to condition future development of properties fronting the road to reimburse the applicant 100% of all improvement costs and right-of-way acquisition costs related to the these partial street improvements. 95. The developer shall make a good faith effort to acquire the required off -site property interests as required by the city, and if he or she should fail to do so, the developer shall at least 120 days prior to recordation of Final Parcel Map, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as City acquires the property interests required for the improvements. Such agreement shall provide for payment by developer of all costs incurred by City to acquire the off -site property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by developer, at developer's cost. City shall have approved the appraiser prior to commencement of the appraisal. In March 2007, B.A.P.S. had notified the City of difficulties in acquiring a 1.37 acres ROW portion from Indus and, consistent with its Condition No. 95, requested that the City enter into an Acquisition of Property agreement to initiate the process of acquiring the property from Indus. However, before the agreement was executed and before a reimbursement agreement was entered into between the City and BAPS (which has not been entered into as of the date of this staff report), B.A.P.S. acquired the property directly from Indus in the amount of $1,025,000 (approximately $17.18 per square foot). B.A.P.S. also did not enter into a reimbursement agreement with the City as required by its Condition No. 15. 231 /332 Meeting Date: August 2, 2016 Page: 4 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT — SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM Following the June 7 public hearing, B.A.P.S. submitted a letter with documentation showing their calculation of a fair share reimbursement. (Refer to Attachment 2.) The B.A.P.S. submittal added $71,950 to the City Engineer's calculation of construction cost and requested that the fair share of land cost for ROW acquisition be $512,500 instead of the $142,795 previously calculated by the City Engineer. As submitted, B.A.P.S.' calculation of total fair share was $945,000. Following the June 7 public hearing, Indus submitted its calculation of fair share for Fairfield Ranch Road prepared by TEP, a traffic engineering firm. The Indus submittal calculated the fair share of construction cost to be $219,038 and excluded reimbursement for the land ROW. (Refer to Attachment 3.) Staff reviewed the information submitted by both parties and met twice with Indus' representatives and twice with B.A.P.S.' representatives to mediate a fair share amount to which both parties could agree. However, the City was unable to mediate an agreement and the item was continued until the August 2 Planning Commission. Staff continued to review all the information provided regarding the cost of the Fairfield Ranch Road and the methods for calculating fair share, and determined that modifications to the City Engineer's previous fair share estimate of $503,345 were appropriate. The City Engineer's previous calculation of fair share allocated the road construction cost to Indus based on the estimated cost of building the road improvements in front of the Indus property today, and allocated a share of the $1,025,000 in land cost to Indus based on the proportion of its frontage to total road length. After considering the information provided by both parties, the City has determined that the City Engineer's estimate of road construction is correct, but that the $1,025,000, or $17.18 per square foot, that B.A.P.S. paid for the land in 2007 was above the $9 per square foot market value for industrial land in 2007. The City also determined that additional lands were dedicated for the road by B.A.P.S. and the Van Klaverns (whose property was recently purchased by Turner and entitled as the Fairfield Ranch Commons) and that a value for the dedicated lands should be included in the calculation. Additionally, the City determined that applying average daily vehicle trips (ADT) is a more equitable method of determining fair share. Based on this review, the following methodology has been applied to the calculation of the Indus property fair share for Fairfield Ranch Road: ® Apply construction costs provided by City Engineer to the full Fairfield Ranch Road ROW. Apply fair market value of $9 per square foot for the land either contributed or acquired for the full Fairfield Ranch Road ROW. ® Calculate fair share based on ADT for each of the four properties sharing the road. Where there is an existing traffic study for the properties, the ADT number from that study is applied. Where there is no traffic study or development in place, typical ADT is applied based on zoned land use. See calculations below: 232/332 Meeting Date: August 2, 2016 Page: 5 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT - SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM Construction Cost o Cost for the entire Fairfield Ranch Road segment (5.29 acres). o Estimate based on typical construction values and dry utility costs provided by City Engineer. o Construction cost for entire Road segment: $ 3,300,000, Land Cost o Market value for industrial land in 2007: $9 per square foot o Market value for the full 6.29 acres of Road ROW in 2007: $2,073,892 Total Road Cost o Total Construction Cost: $3,300,000 o Total Land Cost: $2,073,892 o Total Road Cost: $5,373,892 Indus Fair Share ADT for Four Properties Sharing Road: a B.A.P.S. Temple: 732 o Turner (Van Klavern Property): 5,188 o Indus:887 o B.A.P.S. currently zoned Freeway Commercial : 5,752 (based on average commercial ADT of 44 trips per 1,000 square feet) o Total ADT for four properties: 12,559 o Indus % Contribution to Total ADT: 7% o Indus Fair Share (7.0627%) of Total $6,373,892 road cost: $ 379,540. The City Attorney's Office has advised that the City can only condition the applicant to pay for that portion of Fairfield Ranch Road for which there is a legal nexus between the improvement and the benefit to the Indus property. The City Engineer determined that the cost estimates submitted by B.A.P.S. were not detailed enough in nature to allow for a determination that such costs were actually expended by B.A.P.S. on Fairfield Ranch Road and it appeared to the City Engineer that some of these costs were related to improvements on the B.A.P.S. property separate and apart from the Road. Accordingly, the City Engineer used standard engineering cost estimate methods and resource materials from the engineering industry to determine the estimated value of the improvements and staff did research to determine land values of the road based upon the time period that it was acquired by B.A.P.S. Based upon the information gathered by staff, the City Attorney's Office believes that the methodology used by staff to determine the applicant's fair share cost of the improvements and land for Fairfield Ranch Road is the most defensible methodology based upon the legal restraint that the City can only require payment for that portion of 233/332 Meeting Date: August 2, 2016 Page: 6 SUBJECT; INDUS LIGHT INDUSTRIAL BUILDING PROJECT — SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM the road for which there is a legal nexus to the applicant's development. The fact that B.A.P.S. paid more than the fair market value of the land and does not have adequate costing documents for the improvements is not a burden that can be placed upon the applicant just because B.A.P.S. believes it is entitled to a larger reimbursement amount. The Commission cannot arbitrarily increase the amount of the reimbursement because, again, it has to be based upon justifiable calculations that support the fact that there is a legal nexus between the improvements and the amount charged to the applicant. Revised Conditions of Approval Two of the Conditions of Approval for the Indus project (15SPR01) are revised as indicated below. Condition of Approval No. 82 is also revised to reflect the modified fair share reimbursement amount to B.A.P.S. for the construction of frontage improvements along Fairfield Ranch Road that were constructed by B.A.P.S. as a result of their 2004 approval for the B.A.P.S. Temple and Cultural Center. Condition of Approval No. 82: The applicant shall provide reimbursement to B.A.P.S. for the construction of frontage improvements along Fairfield Ranch Road in the amount of $379,540. Evidence of payment shall be provided to the City prior to issuance of any building permit. COA #80 was revised based on City Engineer input through an Errata submitted at the June 7, 2016 Planning Commission public hearing. The June 7, 2016 staff report stated that both the recently approved Santa Barbara and Higgins Ranch Trumark project are conditioned to install the conditioned improvements at the Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road. However, this condition does not apply to the Santa Barbara project, just to the Higgins Ranch Trumark project and, upon project approval, to the Indus project. Condition of Approval No. 80: The applicant shall construct the necessary improvements on the northbound approach on Soquel Canyon Parkway/Central Avenue at Fairfield Ranch Road to provide a second left -turn lane, and 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. Revised Mitigation Monitoring Report Mitigation Measure T-1 regarding required improvements on Soquel Canyon Parkway/Central Avenue at Fairfield Ranch Road has been revised to reflect the revised wording recommended by the City Engineer for project COA No. 80, above. The revised 234/332 Meeting Date: August 2, 2016 Page: 7 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT — SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM mitigation measure, see below, is equivalent to 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/MND and recirculation of the IS/MND was not required pursuant to section 15073.5 of the CEQA Guidelines. T-1 Traffic Improvements. The applicant shall construct the necessary improvements on the northbound approach on Sociuel Canyon Parkwav/Central Avenue at Fairfield Ranch Road to provide a second left -turn lane, and modifv the existing traffic signal and existing striping accordingly and install all necessary roadwork, stripingipavement markings and signs per the City of Chino Hills Standard Desiqn Guidelines. The proiect shall construct these improvements prior to occupancv, or, if the improvements are installed by another developer prior to occupancv of the Proiect, then the applicant shall pay fair share fees as determined by the Citv Enqineer to the developer that constructs these improvements. Installation or fee payment shall occur prior to occupancv. Th QpjOiccnt chcll pay faiF shame fees —for —oanrstwstion and mplernentation of, or rust end imp! mont an Ferri Fired ham;, tho nssesza4y imppre ements identified bolo ( for the intersection entr�cral Ave.nu CequeI1 Canyon Parkway at Fairfield Ranr+h Road in the City of o Hillc to offset the f entral venue/Soauel Ganyon € ark-wa f at FairficId Ranch Road— 4-� �gLAr of Chino Hillo: Provide necessary improvements en the nerFhh d left -turn lane. Modify the existing traffic signal rand eviction Otriping essord-44gly and— nctall all necessary roadwork, otriping, pavemant markingsand signs por the--Gitof Nno -Hil!e Standard ---Design Guidelines. vuracrrn�.T. Thio impravromont to C., I Canyon Parkway at F:airfi--Id Ranch Road in the rity of GWFry h':ilic is r9qurrred to off -set the innrementel eontributier ^# the project to identified 2012 traffic impaoto. Tho projsst sn�l1--^ mot tk�es.� �m;�rover en��flr to 9"66 pa-ncy, cr, if the mprevemento aro insta4ed by another developer_ prior to osc; ipnnGy a the Projer.t, then the appliGant shall pay fair f-es as determined by th City Engineer to the developer that--enstf—these irnprnvrmrrE. nts. A funding msGhanism shall he established as a ccnditir,n of fejeot aprN- q Installation eF fee payment shall nnnur prior to iccuenco of any ^ems G ©ooupp-noy f e8FGsal warehouse sse or office strr rote sre in +he project. 235/332 Meeting Date: August 2, 2016 Page: 8 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT -- SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM Respectfully submitted, 7oa n Lombardo Community Development Director Attachments: Prepared by: Eduardo Schonborn Contract Planner ■ Resolution ■ Exhibit "A" — Conditions of Approval, August 2, 2016 ■ Attachment 1 -- City Engineer's methodology for Fairfield Ranch Road fair share reimbursement (prepared in support of June 7, 2016 Conditions of Approval) ■ Attachment 2 — B.A.P.S. submittal for Fairfield Ranch Road fair share reimbursement (submitted following June 7, 2016 Planning Commission public hearing) M Attachment 3 — Indus submittal for Fairfield Ranch Road fair share reimbursement (submitted following June 7, 2016 Planning Commission public hearing) ■ Attachment 4 — June 7, 2016 Planning Commission Staff Report Exhibits provided previously as attachments to June 7, 2016 Planning Commission packets ■ Exhibit "B" — Mitigation Monitoring and Reporting Program ■ Exhibit "C" — Comment letter from San Bernardino County Department of Public Works ■ Exhibit "D" — Project Plans ■ Exhibit "E" — Colored Rendering ■ Exhibit "F" — Initial Study/Mitigated Negative Declaration ■ Public Notice ■ Mailing List 236/332 RESOLUTION NO. PC 2016- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS, ADOPTING A MITIGATED NEGATIVE DECLARATION, MITIGATION MEASURES AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR SITE PLAN REVIEW 15SPR01; AND, APPROVING SITE PLAN REVIEW 15SPR01 TO ALLOW THE DEVELOPMENT OF A 100,330 SQUARE FOOT LIGHT INDUSTRIAL BUILDING ON A 4.87- ACRE VACANT SITE AT THE NORTHEAST CORNER OF FAIRFIELD RANCH ROAD AND RED BARN COURT (APN 1028-191-06 and -07). THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: of fact: SECTION 1. The Planning Commission does hereby make the following findings A. The Applicant, Newcastle Partners, requests approval of Site Plan Review 15SPR01 to construct a 100,330 square foot light industrial building comprised of two floors of office space totaling 7,500 square feet and one floor of warehousing space totaling 92,830 square feet, on a 4.87-acre vacant site ("Project"). B. The Project is located at the northeast corner of the intersection of Fairfield Ranch Road and Red Barn Court, and is commonly known as Assessor's Parcel Numbers (APN) 1028-191-06 and -07 ("Site"). C. Site Plan Review 15SPR01 is to allow the construction of a 100,330 square foot, light industrial building on a 4.87-acre site. D. 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 CEQA. The Initial Study/Mitigated Negative Declaration was available for public review from May 2, 2016 through May 23, 2016. E. The Planning Commission of the City of Chino Hills held a noticed public hearing on June 7, 2016, to review and consider the staff report prepared for the Project, receive public testimony, and review all correspondence received on the Project. F. During the June 7, 2016 public hearing, the Commission discussed the following issues; traffic generation from proposed project uses; maneuvering area for semi -trucks turning at Chino Hills Parkway onto 1 of 13 237/332 Monte Vista Avenue and then onto Fairfield Ranch Road; outdoor storage and screening; fair share reimbursement to B.A.P.S. for the construction of frontage improvements along Fairfield Ranch Road. The issue of fair share reimbursement to B.A.P.S. for the construction of frontage improvements along Fairfield Ranch Road was raised by Ronak Patel who spoke during the public hearing on behalf of B.A.P.S. Mr. Patel indicated that the fair share reimbursement amount to B.A.P.S. should be increased to $1,200,000 rather than the $503,345 fair share which was calculated by the City Engineer and required by project Condition of Approval (COA) No. 82. G. The Planning Commission continued the public hearing to June 21, 2016, requesting that B.A.P.S. provide documentation that supports their fair share reimbursement estimate and that staff provide the documentation provided by the City Engineer to calculate the fair share. H. Following the June 7, 2016 public hearing, B.A.P.S. submitted a letter with their calculation of fair share reimbursement, which totaled $945,000. Indus, the property owner for the project site, also submitted its calculation of fair share for Fairfield Ranch Road prepared by TEP, a traffic engineering firm, which calculated the fair share of construction cost to be $219,038 and excluded reimbursement for the land right-of-way (ROW). Staff reviewed the information submitted by both parties and met separately with Indus' representatives and B.A.P.S.' representatives to mediate a fair share amount to which both parties could agree. However, the City was unable to mediate an agreement and the item was continued to the August 2, 2016 Planning Commission meeting. J. Staff continued to review all the information provided regarding the cost of the Fairfield Ranch Road and the methods for calculating fair share, and determined that modifications to the City Engineer's previous fair share estimate were appropriate. The modified fair share to be substituted into COA No. 82 is $379,540 and based on the following findings: construction costs provided by City Engineer to the Fairfield Ranch Road ROW were detailed and reasonable; B.A.P.S. paid more than the fair market value for the land it purchased in 2007 for a portion of the Fairfield Ranch Road; a land value should be assigned for the additional lands dedicated by B.A.P.S. and the property owner who previously owned adjacent property (Van Klaveren); applying average daily vehicle trips (ADT) is a more equitable method of determining fair share contribution than the proportion of frontage methodology previously applied in the City Engineer's estimate presented on June 7, 2016, 2of13 238/332 K. The Planning Commission of the City of Chino Hills continued the previously noticed public hearing on August 2, 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, the Planning Commission does hereby find as follows regarding the Initial Study/Mitigated Negative Declaration ("IS/MND") and Mitigation Monitoring Reporting Program: A. As required by the California Environmental Quality Act of 1970, as 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 measures were included in the IS/MND 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 CEQA: i. BIO-1 Burrowinq 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 (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 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 3 of 13 239/332 this mitigation is defined as individuals who meet the following minimum qualifications: o Familiarity with the species and its local ecology; a 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 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 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 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; 4of13 240/332 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; 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 Owl Mitigation (CDFW 2012) guidance and submitted to the City's Community Development Department and the local CFDW office for review and approval. The plan shall include the following components, at a minimum: o 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 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 5of13 241 /332 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. ii. BIO-2 Nestina Birds. If project clearing and construction must occur during the avian nesting season (February to September), a survey for active nests must be conducted by a qualified biologist, one to two weeks prior to the activities to determine the presence/absence, location, and status of any active nests on or adjacent to the project site. If no active nests are discovered or identified, no further mitigation is required. In the event that active nests are discovered onsite, a suitable buffer determined by the qualified biologist (e.g. 30-50 feet for passerines) should be established around such active nests. No ground disturbing activities shall occur within this buffer until the biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Limits of construction to avoid a nest site shall be established in the field by a qualified biologist with flagging and stakes or construction fencing. Construction personnel shall be instructed regarding the ecological sensitivity of the fenced area. The results of the survey shall be documented and filed with the Community Development Director within five days after the survey. 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 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. If the discovery proves to be significant under CEQA 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 appropriate actions may be warranted at the discretion of the qualified archaeologist. The archeologist shall complete a report of excavations and findings, 6of13 242/332 and submit the report to the lead agency. After the find is appropriately mitigated, work in the area may resume. iv. CR-2 Unanticipated Discovery 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 (MILD). The MILD 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. v. CR-3 Paleontological Resource Impact Mitigation Program. Prior to any grading on the project site, the project applicant shall retain a qualified paleontologist to prepare and implement a Paleontological Resource Impact Mitigation Program to reduce direct and indirect adverse paleontological 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 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 investigators; and shall be in place prior to any project grading activities. The Paleontological Resource Impact Mitigation Program shall be prepared and implemented by a paleontologist approved by the City's Community Development Director. vi. CR-4 Paleontological Monitoring. During all earth -moving activities, the project site shall be monitored by a qualified, city -approved 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 3.5 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 7of13 243/332 areas where the younger alluvium will not be encountered below any artificial fill, or where the unit will be buried, but not otherwise disturbed. vii. CR-5 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 to the satisfaction of the city -approved paleontologist. viii. CR-6 Maintenance of a Dailv Loci. 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. Copies of the daily log shall be submitted to the City's Community Development Director on a weekly basis or sooner if significant finds are encountered. ix. CR-7 Prepare a Final Paleontological Report. A final technical report of the results and findings of the paleontological investigations shall be prepared by the paleontologist and submitted to the City's Community Development Director. x. T-1 Traffic Improvements. The applicant shall construct the necessary improvements on the northbound approach on Soquel Canyon Parkway/Central Avenue at Fairfield Ranch Road to provide a second left -turn lane, and 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. C. A Notice of Intent to Adopt a Mitigated Negative Declaration was filed with the San Bernardino County Clerk on May 2, 2016 and the public review period was duly noticed by mail and published in the Chino Hills Champion on April 30, 2016. The ISIMND were available for public review from May 2, 2016 through May 23, 2016. D. The ISIMND prepared for this Project reflects the City's independent judgment and analysis. Further, the Planning Commission finds that there S of 13 244/332 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 2.13. SECTION 3. With regard to the approval of Site Plan Review No. 15SPR01, 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 16.76.060 of the Chino Hills Development Code as follows: A. FINDING: That the proposed use is consistent with the General Plan; FACT: The proposed Project is for the development of a 100,330 square foot light industrial building on a vacant 4.87-acre site. The proposed development is consistent with the underlying Business Park General Plan Land Use designation, whereby the City's General Plan has designated several hundred acres for commercial and business park development along the SR- 71 Freeway corridor. The development furthers the goals, polices, and the comprehensive planning objectives contained within the General Plan Land Use and Economic Development elements, and will result in public benefits, including: fulfilling long-term economic and social goals for the City and the community; providing fiscal benefits to the City's general fund in terms of increased property tax revenues; providing temporary construction employment within the City; and expanding mixed -use development in the City. Specifically, the project would meet the following General Plan goals, policies, objectives and actions: • Vision Statements: o V-2: A Chino Hills that provides ample local shopping, services, and employment, and a secure tax base to support City government and the services it provides. o V-4: A Chino Hills that supports its commercial and employment centers. o Land Use Element: o Goal LU-2: Balance residential with commercial, business, and public land uses. ■ Policv LU-2.5: Promote land use patterns that support a regional jobs/housing balance. Action LU-2.5.3: Concentrate major business park and uses that represent 9of13 245/332 a potential employment base near the Chino Valley Freeway corridor and along major arterials. Economic Development Element: o Goal ED-1: Promote a diversified economic base. tr Policv ED-1.2: Promote employment opportunities in Chino Hills. Action ED-1.2.2: Concentrate major business park and office development near the SR-71 Freeway. 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 light industrial building project is located on a Light Industrial (LI) zoned property. The Project will not adversely affect surrounding properties since the surrounding area is comprised of existing commercial uses (to the south and east); existing vacant land that is zoned for commercial development (to the west); and light industrial uses to the north that are associated with the Fairfield Ranch Commons development project, which includes a 326,641 square foot industrial business park component that abuts the subject property. The development of a light industrial building within this setting is an appropriate use for this property as it is consistent with the underlying General Plan and Zoning designations 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 the use and buildings proposed; FACT: The Project Site is located in an area that is mostly developed with similar uses, or zoned for development of similar uses. The Project Site is physically suitable to accommodate the light industrial building and complies with all applicable Development Code standards, including setbacks, height requirements, lot coverage, and parking as fully detailed in the Planning Commission staff report for this Project, which are incorporated herein by reference. The Project Site provides 10 of 13 246/332 adequate interior circulation and parking, setbacks, building separations, landscaping, and, open space and amenities for the residents and the commercial uses. Lastly, the site is flat, and is located at the intersection of Fairfield Ranch Road and Red Barn Court, which is near major arterials in the City and close to freeway access. As such, the Site adequately accommodates the proposed building. 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 minimum development standards for properties designated as Light Industrial (LI) in that the project size measures 212,217 square feet in area (10,000 square feet minimum required); based upon the parking and landscaping requirements, the project's height and floor area ratio are appropriate; the project results in overall landscaping of 17.6% (15% minimum required) and 7.9% parking lot landscaping (5% minimum required); the building and parking areas comply with the minimum setback requirements; and the parking provided is sufficient for the 7,500 square feet of office space and the 92,830 square feet of warehousing space. E. FINDING: That the proposed use observes the spirit and intent of this Development Code; FACT; The Project is consistent with the purpose and intent of Title 16, as specified in Section 16.02.030. Further, the Project complies with the intent and purpose of the Light Industrial zoning district, as specified in Section 16.14.010. SECTION 4. The Planning Commission of the City of Chino Hills does hereby adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program under the California Environmental Quality Act and approve Site Plan Review No. 15SPR01, subject to the conditions of approval and mitigation measures attached as Exhibit "A" to this Resolution and incorporated into this Resolution by this reference. SECTION 5. The Planning Commission Secretary shall certify as to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 2r+d day of August, 2016. 11 of 13 247/332 ATTEST: KAREN PULVERS PLANNING COMMISSION SECRETARY APPROVED AS TO FORM: ELIZABETH M. CALCIANO ASSISTANT CITY ATTORNEY GARY LARSON, CHAIRMAN 12of13 248/332 STATE OF CALIFORNIA j COUNTY OF SAN BERNARDINO ) 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 2nd day of August, 2016, by the following roll call vote, to wit: AYES: COMMISSION MEMBERS: NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: KAREN PULVERS PLANNING COMMISSION SECRETARY 13 of 13 249/332 #CITY OF CHINO HILLS Conditions of Approval t10H Site Plan Review 15SPR01 PLANNING DIVISION INFORMATIONAL 1 ONGOING — GENERAL: A. Site Plan Review 15SPR01 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 limitations 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 Site Plan Review. The applicant will be responsible for initiating any extension of time. 2. The applicant or its successors in interest shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, 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 to 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 seq., 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 City of Chino Hills 1 of 18 August 2, 2016 Exhibit "A" 250/332 Site Plan Review 15SPR01 Conditions of Approval California Department of Fish and Wildlife. Within two (2) days of approval by the Planning Commission, the applicant shall submit to the Community Development Department a check or money order in the amount of $2,260.25, 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 grading or building permits required under Section 711.4 of the Fish and Game Code. 5. Approval of Site Plan Review 15SPR01 allows for the construction of a 100,330 square foot light industrial building comprised of two floors of office space totaling 7,500 square feet and one floor of warehousing space totaling 92,830 square feet. The approved building measures approximately 45-feet in overall height; includes loading docks along the eastern side of the building adjacent to Red Barn Court; and a total of 118 surface parking spaces provided throughout the site. The approved project also includes a total of four ingress/egress driveways, consisting of two driveways along Fairfield Ranch Road and two driveways along Red Barn Court. 6. The development of the project shall be in substantial compliance with the plans, and colors and material palette as approved by the Planning Commission on June 7, 2016. Modifications to the plans may require subsequent review and approval by the Planning Commission as determined by the Community Development Director. 7. The development of the project shall comply with the mitigation measures and Mitigation Monitoring and Reporting Program (MMRP) attached as Exhibit "B" and incorporated by reference as adopted by the Planning Commission on June 7, 2016. During any and all demolition, clearing, grubbing or grading, construction or as otherwise appropriate, the applicant shall demonstrate compliance with all of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program (MMRP). All costs associated with implementation of the Mitigation Monitoring and Reporting Program shall be the responsibility of the Developer, and/or any successors in interest. 8. The applicant shall comply with the conditions in the transmittal from the Chino Valley Independent Fire District Permit #2015-00000539, dated May 26, 2015, a copy of which is attached hereto. 9. 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. 10. Construction hours and operations shall be as follows: A. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m, on Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday, and shall be prohibited on Sundays and City listed Federal holidays in order to City of Chino Hills 2of18 August 2, 2016 Exhibit "A" 251 /332 Site Plan Review 15SPR01 Conditions of Approval minimize disruption 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 piling and/or vehicle staging areas shall be located as far as practical from residential homes; D. The noisiest operations shall be arranged to occur together in the construction program to avoid continuing periods of greater annoyance. 11. The project site shall be fenced and screened, as required by the City, during construction. Signage to report dust or other construction -related nuisances shall be posted on site at a location clearly visible to the public along the project site's frontages of Fairfield Ranch Road and Red Barn Court. 12. All areas within the project site shall be maintained free of trash and debris. 13. Any graffiti 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. 14. 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. 15. 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 Chino Hills Disposal stating that the number and size of bins provided for the collection of refuse and recyclable materials generated by the project is adequate. 16. The applicant shall provide documentation from Chino Hills Disposal stating that the dimensions of 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. 17. Refuse bins provided for the project shall have a non-combustible lattice cover and be enclosed by a six (6) foot high masonry wall with decorative caps that match the building architecture. Solid view -obstructing gates fitted with self - 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. 18. All ingresslegress driveways shall illustrate compliance with Section 16.06.080 Clear Corner Areas for Sight Visibility of the City's Development Code. Nothing City of Chino Hills 3 of 18 August 2, 2016 Exhibit "A" 252/332 Site Plan Review 15SPRp1 Conditions of Approval shall be placed or allowed to grow taller than thirty (30) inches within the clear comer areas in a manner which obstructs visibility or threatens vehicular or pedestrian safety. 19. Pedestrian walkways within the project shall be provided with admixture colored concrete and/or design that enhance and complement the project. 20. 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 separate application, review and approval by the Community Development Director or designee for compliance with Chino Hills Municipal Code Chapter 16.38. 21. Drive surface contiguous with planter areas shall have a six (6) inch high raised concrete curb separation. Curbs adjacent to end parking stalls shall provide a step -out area a minimum of twelve (12) inches wide. 22. The project shall comply with the requirements of the City's Development Code and Title 15 of the Chino Hills Municipal Code, which incorporates by reference the California Building Code, for parking, 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. 23. The applicant shall 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 tax payments 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 of their BOE account number and sub -permit, or a statement that use tax does not apply to their portion of the project. 24. The project shall comply with the City's Trust Deposit Account Procedures and Agreement. Trust Deposit Accounts shall show no deficits. If the associated trust deposit account shows a negative balance, then the project construction shall cease, including inspections. An estimated post -entitlement budget will be provided to the applicant by City staff prior to plan review. 25. Prior to any grading and/or construction activity that affects the abutting flood control channel to the north, the applicant shall obtain a permit from the San Bernardino County Flood Control District's Permits/Operations Support Division, Permit Section. A copy of said permit shall be submitted to the Community Development Director. City of Chino Hills 4of18 August 2, 2016 Exhibit "A" 253/332 Site Plan Review 15SPR01 Conditions of Approval GENERAL 1 INFORMATIONAL I ONGOING -- INDUSTRIAL BUILDING: 26. Any and all manufacturing, assembling, production activities and the like, shall be conducted within the building. No such activities are allowed to be conducted outdoors. Further, noise emanating from such activities shall comply with Condition No. 9, above. 27. Outdoor storage shall comply with Section 16.14.080 Outdoor Display and Storage of the City's Development Code. 28. All roof -mounted equipment shall be architecturally screened from ground level view (from the parking area and adjacent surface streets) by the parapet wall. All 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. 29. All utility, mechanical, and electrical equipment, including fire risers, shall be enclosed within the buildings. 30. The project site and future tenants and uses shall comply with Chapter 16.14 of the City's Development Code. 31. The project site shall maintain a minimum of 118 parking spaces on -site, in accordance with the approved plans, which includes 113 standard stalls and 5 ADA accessible stalls. Loading spaces and dock areas shall not be counted as parking spaces for purposes of complying with the requirement to maintain 118 parking spaces on -site. 32. The building shall be limited to a total of 100,330 square feet in area. Further, the office areas of the building shall not exceed 7,500 square feet. 33. Minimum landscape areas throughout the site, including parking lot landscaping, shall be maintained in accordance with the requirements of the City's Development Code. PRIOR TO THE ISSUANCE OF GRADING PERMIT - GENERAL: 34. Prior to any grading or ground disturbance, the Applicant shall demonstrate to the satisfaction of the Community Development Director that all mitigation measures involving nesting birds (810-1 and BIO-2 of the Mitigation Monitoring Report) have been adequately performed and completed. 35. Prior to any grading or ground disturbance, the Applicant shall demonstrate to the satisfaction of the Community Development Director that qualified and state certified archaeological and paleontological monitors have been retained and that all mitigation measures involving cultural resources (CUL-1 through CUL-7 of the Mitigation Monitoring Report) will be adequately performed and City of Chino Hills 5 of 18 August 2, 2016 Exhibit "A" 254/332 Site Plan Review 15SPR01 Conditions of Approval completed. 36. Prior to the issuance of grading permits, 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. 37. Landscape plans shall be submitted to the Community Development Department for review and approval 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. 38. A registered landscape architect, licensed by the State of California, shall design all landscape architecture documents. 39. Unless deemed infeasible by the Community Development Director, all landscape irrigation shall use recycled water. 40. All trees shall be planted at least fifteen (15) feet from any overhead light standard. 41. 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 PRIOR TO THE ISSUANCE OF BUILDING PERMITS — GENERAL: 42. 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. City of Chino Hills 6of18 August 2, 2016 Exhibit "A" 255/332 Site Plan Review 15SPR01 Conditions of Approval Light spill over on the property shall be zero foot-candles at the property line. 43. 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. 44. The development is subject to all applicable fees, charges, deposits for services to be rendered, and securities required pursuant to Resolution No. 2015R-27, as amended or superseded, prior to final inspection. 45. 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, and shall be paid to the City prior to building permit issuance, pursuant to the current City development impact fee schedule. 46. 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. 47. All fees (capital connection, inspection, encroachment, meter, deposit, etc.) must be paid. 48. Provide bicycle -parking facilities in accordance with Chapter 16.34, 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 (CGBC), 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 — GENERAL: 49. Exterior lighting for the project shall comply with the approved photometric lighting plan pursuant to Condition Number 39 such that all exterior lighting is confined to within the project site. Light shields shall be used to block light and reduce spill over light and glare as necessary. Prior to the final inspection and issuance of a certificate of occupancy, the applicant shall schedule an evening inspection with the Planning Division to verify compliance with this requirement. 50. All required improvements shall be installed and deemed complete prior to occupancy. The applicant shall be responsible for coordinating inspections with the Community Development Department (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. City of Chino Hills 7 of 18 August 2, 2016 Exhibit "A" 256/332 Site Plan Review 15SPR01 Conditions of Approval 51. All Trust Deposit Accounts associated with the project shall show no deficits. All deficits shall be paid in full before a Certificate of Occupancy is issued. BUILDING & SAFETY DIVISION PRIOR TO THE SUBMITTAL OF PRECISE GRADE PLANS: 52. Precise Grading Plans shall comply with and incorporate all items of the approved Site Plan. Precise plans shall incorporate all site development for review, including access compliance, private storm drain, private sewer and private water, all easements, fire service line, site electrical, parking, trash enclosures, landscape areas, utility vaults, light standards, buildings, etc. 53. All drainage shall be collected by on -site storm drains. No drainage shall enter the street. 54. Plans shall incorporate all the requirements of the currently adopted State of California Building, Plumbing, Mechanical, Electrical, Energy and Green Building Codes. 55. All walls and retaining structures necessary to complete the grading shall be submitted to the Building Division for review and approval prior to issuance of a precise grading permit. 56. If site was previously rough graded, two approved Geotechnical Report of Rough Grading shall be submitted at the time of precise grade plan check submittal. if site was not rough graded then two approved Geotechnical Report shall be submitted at the time of precise grade plan check. Approved means approved by the City's Geotechnical Engineer. No grading plans will be accepted for review without a City approved soils report. 57. 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 THE ISSUANCE OF BUILDING PERMIT: 58. Certification of precise grade and compaction shall be submitted on approved City form. 59. Plans shall comply with all the requirements of the currently adopted State of California Building, Plumbing, Mechanical, Electrical, Energy and Green Building Codes. City of Chino Hills 8 of 18 August 2, 2016 Exhibit "A" 257/332 Site Plan Review 15SPR01 Conditions of Approval 60. All roof drainage (except overflow) shall be collected by concealed roof drains and conducted under ground to on -site storm drains. No roof drainage shall flow over sidewalks or parking areas. 61. A building phasing plan shall be submitted for review and approval prior to issuance of the first building permit. PRIOR TO FOUNDATION INSPECTION: 62. 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: 63, All utilities and circulation elements necessary to serve the building shall be installed, and accepted prior to final inspection. 64. Sign offs from all applicable City Divisions/Departments and outside agencies shall be obtained prior to any final inspection or utility releases. 65. 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 2010 Building, Plumbing, Mechanical, Energy and Green Building Codes 66. No occupancy of any business shall be permitted until such time as the 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. 67. No public/employee access to the building will be allowed until the building has received a final inspection and occupancy approval. 68. All applicable planting, irrigation, walls, and improvements required prior to commencement of operation shall be installed. 69, Certification of finish roof elevation, wet stamped and signed by the Civil Engineer of record shall be provided prior to final inspection. ENGINEERING DEPARTMENT GRADING: 70. 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 City of Chino Hills 9 of 18 August 2, 2016 Exhibit "A" WISP-M Site Plan Review 15SPR01 Conditions of Approval report shall be submitted to the Engineering Division, prior to any placement of base material and/or paving. 71. 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. 72. 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. 73. Water spraying or other approved operations to control fugitive dust. operations whenever available. STREET: methods shall be used during grading Recycled water shall be used for grading 74. Construct the following perimeter street improvements including, but not limited to: Curb & A.C. Side- Drive Street Street Comm. Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other FairfieldRanch anch Rd X X X X X X a Ct x Red gR x X x x x 1 75. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or issuance of building permits, whichever occurs first 76. 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. 77. Disabled access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. 78. 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 light plan which schematically shows 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. City of Chino Hills 10 of 18 August 2, 2016 Exhibit "A" 259/332 c16 0�c -//, REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium Indicates your time has clapsod NOTE —THIS DOCUMENT IS A PUBLIC RECORD PLEASE P Name: Cv�"I' 1L Company/AssoclationfOrganWtion (d any- Address a Area of Residence (Opffonal): I wish to speak under. 1. PUBLIC COMMENTS SECTION Sub)ect: 2. AGENDA rTEM NO. 2!2- FAVOR _ OPPOSE The City Council is interested in your commenls. You may address the Cih/ Council regarding a!ry Rem within the subject matter jurisdiction of the City Council, provided no action or discussion may be taken on items not appearing on the agenda unless aulloted by law, except the City Council may briefly respond to statements made a questions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING I 1 c4 �c REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium Indicates your time has elapsed NOTTE— THIS DOCUMENT IS A PUBLIC RECORD PLEASE PRIM Name: Comparry/AssociallonlOrganization (d anyt- Address or Area of Residence (Opflonap: I ndsh to speak under. 1. PUBLIC COMMENTS SECTION Subjea. ,i� ,/ff� 2. AGENDA ITEM NO. ")� PAVOR _ OPPOSE The City.Counal is Interested in your comments. You may address the City Council regarding any reel Within The sulbW matter jurisdiction of the City Council, provided no action or discussion may be taken on i erns not appearing on the agenda unless outhoraed ly law, except the City Council may briMry respond to statements made oqueslions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING c16 0�c -//, REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium Indicates your time has clapsod NOTE —THIS DOCUMENT IS A PUBLIC RECORD PLEASE P Name: Cv�"I' 1L Company/AssoclationfOrganWtion (d any- Address a Area of Residence (Opffonal): I wish to speak under. 1. PUBLIC COMMENTS SECTION Sub)ect: 2. AGENDA rTEM NO. 2!2- FAVOR _ OPPOSE The City Council is interested in your commenls. You may address the Cih/ Council regarding a!ry Rem within the subject matter jurisdiction of the City Council, provided no action or discussion may be taken on items not appearing on the agenda unless aulloted by law, except the City Council may briefly respond to statements made a questions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING I 1 c4 �c REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium Indicates your time has elapsed NOTTE— THIS DOCUMENT IS A PUBLIC RECORD PLEASE PRIM Name: Comparry/AssociallonlOrganization (d anyt- Address or Area of Residence (Opflonap: I ndsh to speak under. 1. PUBLIC COMMENTS SECTION Subjea. ,i� ,/ff� 2. AGENDA ITEM NO. ")� PAVOR _ OPPOSE The City.Counal is Interested in your comments. You may address the City Council regarding any reel Within The sulbW matter jurisdiction of the City Council, provided no action or discussion may be taken on i erns not appearing on the agenda unless outhoraed ly law, except the City Council may briMry respond to statements made oqueslions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING c16 0�c -//, REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium Indicates your time has clapsod NOTE —THIS DOCUMENT IS A PUBLIC RECORD PLEASE P Name: Cv�"I' 1L Company/AssoclationfOrganWtion (d any- Address a Area of Residence (Opffonal): I wish to speak under. 1. PUBLIC COMMENTS SECTION Sub)ect: 2. AGENDA rTEM NO. 2!2- FAVOR _ OPPOSE The City Council is interested in your commenls. You may address the Cih/ Council regarding a!ry Rem within the subject matter jurisdiction of the City Council, provided no action or discussion may be taken on items not appearing on the agenda unless aulloted by law, except the City Council may briefly respond to statements made a questions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING I 1 c4 �c REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium Indicates your time has elapsed NOTTE— THIS DOCUMENT IS A PUBLIC RECORD PLEASE PRIM Name: Comparry/AssociallonlOrganization (d anyt- Address or Area of Residence (Opflonap: I ndsh to speak under. 1. PUBLIC COMMENTS SECTION Subjea. ,i� ,/ff� 2. AGENDA ITEM NO. ")� PAVOR _ OPPOSE The City.Counal is Interested in your comments. You may address the City Council regarding any reel Within The sulbW matter jurisdiction of the City Council, provided no action or discussion may be taken on i erns not appearing on the agenda unless outhoraed ly law, except the City Council may briMry respond to statements made oqueslions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING Site Plan Review 15SPR01 Conditions of Approval TRAFFIC: 79. The applicant shall be required to pay in -lieu fees for the fair share contribution of the final mitigation as identified in the final traffic impact study approved by the City Engineer to the City of Chino in the amount of $7,367.50 or as otherwise determined by the City of Chino. Evidence of payment shall be provided to the City prior to issuance of any building permit. 80. In accordance with Mitigation Measure T-1, the applicant shall construct the necessary improvements on the northbound approach on Soquel Canyon Parkway/Central Avenue at Fairfield Ranch Road to provide a second left -turn lane, and 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. 81. The Applicant shall pay fair share costs for the construction of the traffic signal at Chino Hills Parkway and Monte Vista Avenue in the amount of $39,630.00. Payment shall be provided to the City prior to issuance of any building permit. 82. The Applicant shall provide reimbursement to B.A.P.S. for the construction of frontage improvements along Fairfield Ranch Road in the amount of $379,540. Evidence of payment shall be provided to the City prior to issuance of any building permit. 83. A separate signing and striping plan shall be provided to address traffic signals including but not limited to, on -site stop signs, no parking areas and red curb. The proposed signing and striping shall be reviewed and approved by the City Traffic Engineer. 84. Provide a separate plan showing the clear sight triangle areas. A clear sight triangle area must be clear of all fences, trees, entry sign structures, monuments, earth embankments and shrubs that grow taller than twenty-four inches (24"). All property within the clear sight distance triangle area shall be granted as an easement to the City. In addition, at controlled intersections the sight distance requirements must conform to Caltrans guidelines, as described in Topic 405of the Caltrans Highway Design Manual. DRAINAGE: 85. A final drainage study shall be submitted and approved by the City Engineer prior to the issuance of building permits. Study shall address drainage patterns, City of Chino Hills 11 of 18 August 2, 2016 Exhibit "A" 4001798YA Site Plan Review 15SPR01 Conditions of Approval proposed drainage facilities, mitigation measures proposed for first flush and detention facilities, etc. 86. A permit from the San Bernardino County Flood Control District is required for work within its right-of-way or when connecting to District facilities. 87. 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. 88. Storm drain systems shall be designed to convey 100-year storm flows off the project site in a manner approved by the City Engineer. UTILITIES: 89. Provide separate utility services to each parcel or lot including sewer, water, gas, electric power, including transformer, telephone and cable TV (all underground) in accordance with the utility provider standards. Easements will be provided where necessary. 90. The developer shall be responsible for the relocation of any existing utility necessary as a result of the development. SEWER - DOMESTIC WATER — RECYCLED WATER: 91. Design, installation, materials and location of water and sewer improvements must meet the City's standard procedures and requirements, specifications, and AWWA guidelines for the design and construction of water, recycled water, and wastewater facilities. 92. All 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. 93. All fire hydrants shall be installed per City standards with location and fire flow requirements as determined by the Chino Valley Independent Fire District. 94. All water and sewer plans must be reviewed and approved by the City. The City's review of plans and engineering data will cover only general conformity of the design with standards and specifications outlined in the City's design standards and specifications. The City's approval of plans and engineering data will not constitute a blanket approval of all dimensions, quantities, physical properties, material equipment, devices, or items shown. This does not relieve the design engineers from any responsibility for errors, deviations, or defects in design thereof. City of Chino Hills 12of18 August 2, 2016 Exhibit "A" 261 /332 Site Plan Review 15SPR01 Conditions of Approval 95. An application for recycled water service shall be submitted to the City for approval process with regulatory agencies. 96. Recycled water service shall have a separate meter from all other water systems. 97. Sewage disposal system shall be connected to the City of Chino Hills public sewer system. Developer shall notify city staff two (2) working days prior to connection to public system and no connection shall be made without the presence of city staff. PRIOR TO ISSUANCE OF GRADING PERMIT: 98. A precise grading plan 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. 99. Developer shall submit a Final Water Quality Management Plan for review and approval by the City Engineer. WQMP shall be prepared in accordance with the guidelines established by the California Stormwater Quality Association (CASQA). 100. Developer shall provide a copy of the Notice of Intent (NOI) 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. 101. An erosion and sediment control plan and permit complying with the UBC and City of Chino Hills Development Code shall be submitted to and approved by the Engineering Department prior to any land disturbance. Plans are to be submitted prior to or with the grading plans. 102. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. The soils report shall be reviewed and approved by the City's Soils Consultant prior to issuance of grading permit. PRIOR TO BUILDING PERMIT: 103. The applicant shall provide proof of payment for all traffic mitigation fees required as determined in the Traffic Impact Analysis approved by the City Engineer and as identified in the conditions of approval. PRIOR TO OCCUPANCY: City of Chino Hills 13 of 18 August 2, 2016 Exhibit "A" 262/332 Site Plan Review 15SPR01 Conditions of Approval 104. 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. 105. Developer shall provide certifications for all public and private backflow devices installed as part of the development. END OF SEQUENTIAL CONDITIONS Project Manager: Eduardo Schonborn City of Chino Hills 14 of 18 August 2, 2016 Exhibit "A" 263/332 Site Plan Review 15SPR01 Conditions of Approval The Chino Valley Fire District Conditions of Approval set forth below are incorporated into these Conditions of Approval and are required. Board ofDir•ectors Chino Valle Fire DistrictEd reside t �' President Brian Joh-T i ire President 14011 City Center Drive Johij De-Vomco Chino Hi11s. CA 91709 Sarah Evirrg¢r° (909) 902-5260 Aduvnistration Mike Kree ger° (909) 902-5280 )*ire Prevention (909) 902-5250 Fax Fire Chief Chiuovalleyfsre_org Thn Shackelford May 26, 2015 _ ...... 539 Newcastle Partners, I1tc. Project Name: Chino Hills Commerce Center 4740 Greeirtiver Rd., Suite 118 Corona, �� 92880 Project Address: NLT�FC Fairfield RanchPLos Serranos Rd., Chino Hills, CA 91709 It is a recommendation of the Fire District that the developer of every new constriction project facilitate a preconstniction meeting. The meeting is to be scheduled with the Fire District Inspector for said project_ The following are the conditions of the above referenced permitlproject. All conditions shall be. adhered to; failure to comply with said conditions may result in the revocation of said permit and, punitive fines as outlined in the Fire District fee schedule. We look; forward to a cooperative working relationship throughout the project_ Should you have any questions regarding the project, including the conditions as set forth herein, please feel free to contact our office at (909) 902-5280. u1yu Y /Fire Protection R e q u i ements. 1.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO RECORDATION: 1.1 Fire access roads shall be designed and plans submitted to the Fire District for approval. Fire access roads shall be constructed of asphalt or concrete and be a miriinium unobstructed width of 26 feet. The road grade shall not exceed twelve percent (12%) maximum. An approved turn around shall be provided at the end of each roadway in excess of 150 feet in length. Fire District Standard No. 111 shall be complied with_ 1.3 The development and each phase shall have two (2) points of vehicular access. Fire District Standard No_ 11 l shall be complied with. Special Districts Leadership Foundation - District of Distinction Since 2008 City of Chino Hills 15 of 18 August 2, 2016 Exhibit "A" 264/332 Site Plan Review 15SPR0l Conditions of Approval 1.4 Water systems shalt be designed to nieet the required Fire flow of this development and be approved by the Fire Prevention Division. Buildings in excess of 100,000 squuare feet shall have a n€iniit€um of two (2) connections to a public main. The developer shall furnish the Fire Prevention Division with three (3) copies of the water system working plans done by the installing contractor for approval, along with the Fire Flow Availability Form completed by the water purveyor prior to recordation. The required fire flow shall be determined by using the California Fire Code, current adopted edition. For water connections and work conducted in the public right of way, please refer to separate plaits reviewed and approved by the water purveyor. 1.5 Fire hydrants shall be six inch (b") diameter with a minimum one four inch (4") and one two and one-half inch (2-1r12") connections. The hydrant type shall be approved by the Fire Prevention Division. All mire hydrants shall be spaced a maximum of three hundred feet (300') apart. Single family resident hydrant spacing shall be a maximum of six hundred feet (600) apart. Private water systems shall comply with Fire District Standard Nos. 101, 102, and 114. All hydrants shall be installed with pavement markers to identify their locations. — 2.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMIT: 2.1 Fire access roads shall be constructed and approved by the Fire Prevention Division prior to combustibles being brought onto the site. 2.2 Approved street sites shall be installed prior to issuance of building permits. 2.3 Fire Protection water systems shall be tested, operational: and approved by the Fire Prevention Division prior to combustible materials being brought to the site_ 2A A detailed site plan of the development is required to be submitted in electronic (.d€vg) format. The plan must show and be limited to: locations of property lines, buildings, and equipment and hazards for emergency response. purposes. Please refer to Fire District Standard. No. 143. Additional or revised files may be required during construction and/or prior to final signoff. 2.5 The Developer shall submit, as an electronic file: a drawing of the new streets in _dwg format to the Fire District with the building constriction plans. Format must contain and be restricted to the following layers: A. Right of way; B. Parcel Lines; C. Street Names; D. Address numbers; E. Fire Hydrants. Additional or revised files may be required during coi€stniction and/or prior to final signoff. 3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO OCCUPANCY: 3.1 An automatic protection fire sprinkler system is required. This system shall comply with NFPA Standard No. 13 and Fire District Standard No. 110. Three (3) sets of detailed plains along with hydraulic calculations and material specifications shall be submitted to Special Districts Leadership Foundation - district of Distinction Since 2008 City of Chino Hills 16 of 18 August 2, 2016 Exhibit "A"265/332 Site Plan Review 15SPR0l Conditions of Approval the Fire Prevention Division. The system shall be installed; tested and approved prior to system fuel. Fire sprinkler systems shall be installed by a licensed C-1 b contractor. 3.2 An automatic fire alarm system or fire sprinkler monitoring system is required. Three (3) sets of detailed plans shall be submitted showing the design, system components, signaling devices, fire alarm power supply, control panel and auxiliary devices and fiinctions of the alarm system. Please refer to Fire District Standard No. 133 and current adopted editions of the California Building Code, as well as NFPA Standard 72. 3.3 Hand-held portable fire extinguishers are required to be installed. The location, type and cabinet design shall be approved by the Fire Prevention Division. 3.4 "No Parking - Fire Lane" signs shall be installed in interior access drives at locations designated by the Fire Prevention Division. Curbs shall be painted red at locations designated by the Fire Prevention Division. Please refer to Fire District Standard No. 121. 3.5 An approved key switch is required on each automatic electric security gate. Fire District Standard No. 117 shall be complied with. 3A An approved recessed Fire Department "KNOX" brand key box is required. The key box shall be located at or neu the main entrance(s), and shall be provided with a tamper sip=itch and shall be monitored by an approved central station monitoring service. Please refer to Fire District Standard No_ 117. 3.7 Commercial, industrial, and multi -family building addresses shall be posted with a mimmum eight inch (S") numbers, .visible from the street and during the hours of darkness they shall be internally or externally electrically illuminated. Posted numbers shall contrast with the background used and be legible from the street. "AFhere building set back exceeds 100 feet fioni the roadway, additional non -illuminated six inch (6") numbers shall be displayed at the property access entrance. These. numbers shall also contrast with the background used. Fire District Standard No. 122 must be complied with. 4.0 Three sets of plans shall be submitted separately for each of the following listed item to the Fire District for review, approval and permit prior to any installation or work being done_ Approved plans must be maintained at the-tvorksite during construction. Fees are due at the time of submittal. a) Pri-v ate (onsite) Underground Fire Protection Water Systems. b) Building Construction c) Fire Sprinkler Systems; designed by C".16 contractor or registered engineer, including any fire pumps. d) Fire Alarm Systems or Sprinkler Monitoring Systems designed by a C 7, C 10 contractor or registered engineer. e) Knox box and'or security gate locations. Special Districts Leadership Foundation - District of Distinction Since 2008 City of Chino Hills 17 of 18 August 2, 2016 Exhibit "A" 266/332 Site Plan Review 15SPR01 Conditions of Approval 4.1 Details and plans regarding the use and occupancy of the building, as well as applications for any required permits are required to be submitted to Fire District for approval prior to constnicting tenant improvements or operation. Permits, including, but not linuted to: a) Flammable and combustible liquids storage or use b) Hazardous materials storage or use c) High piled combustible storage (racks or pallets, over 6 feet) 4.2 The gated dreg shall include a pedestrian gate to allow access to a public way or it shall be equipped with a safe dispersal area. Applicable Standards: 101, 102, 103, 1101 111, 117, 121, 122, 124,133, 143 Special Districts Leadership Foundation - district of Distinction Since 2008 City of Chino Hills 18 of 18 August 2, 2016 Exhibit "A'267/332 Attachment 1 26W332 269/332 sm P.O. Box 18355 Irvine CA 92623 e-mail: tepirvine@sbcglobal.net June 13, 2016 phone: 949 552 4357 fax: 909494 4408 mobile: 909 263 0383 Fairfield Ranch Rd.: Fair Share Estimate to Pay for the Construction of an Existing Roadway City of Chino Hills is requiring Indus Chino Hills LP to pay for part of the cost to construct a portion of Fairfield Ranch Rd. as a condition of approval for development of the Indus Industrial Project located east of Fairfield Ranch Rd. and south of Los Serranos Lake Channel. The road segment is located southwest of the project site between Station 10+00.00 and Station 17+35.00, and was completed several years ago. The city has prepared a fair share cost analysis which indicates its recommendation for the project developer to pay for the construction of a half section segment of Fairfield Ranch Rd. The analysis shows a fair share cost estimate of $616,800. The city's fair share cost estimate is attached. TEP has reviewed the city fair share cost analysis, specifically focusing on the following: The estimate of the fair share percentage responsibility assigned to the project developer. The fair share estimate is based on the percentage of traffic to be generated by the project relative to additional traffic that will be generated by all new development in the vicinity that will be using the roadway segment. Cost estimates to construct the road segment. Component items of the cost estimates have been reviewed to verify construction quantities. In addition, the unit cost estimates have been checked relative to current Caltrans data for Riverside and San Bernardino counties. Developer Fair Share Contribution The city analysis assumes a fair share percentage responsibility of the developer of 25%. The fair share percentage is assumed to be the percentage of traffic generated by the project relative to the total of new traffic on the subject roadway segment. A traffic impact analysis report has been completed which documents the traffic impacts of the Indus Industrial Project. The report was completed by Linscott, Law and Greenspan Engineers and is dated March 31, 2016. The report includes a methodology for calculating project related fair share contributions to recommended traffic mitigation measures (see Section 10.00/pg. 52). Transportation Engineering and Planning, Inc. Attachment 2 W17919 Although the subject roadway segment was not analyzed in the TIA report to calculate the fair share responsibility. This is because the TIA report did not make a finding that the project needed to provide mitigation for the subject roadway segment. Although the segment was not analyzed, sufficient traffic data is included in the report to calculate the project fair share responsibility using the report's fair share analysis methodology. This analysis is shown below: Project Fair Share Contribution Analysis Fairfield Ranch Rd.: Red Barn Court to Segment: Central Time Existing Project F.Y. Percent Period Traffic Trips with Increase Project 12018 A.M. 671 67 947 24.3% 12018 P.M. 743 41 1040 13.8% 2035 A.M. 671 67 997 20.6% I2035 P.M. 743 41 1128 10.6% The TIA report provides forecasts for 2 horizon years, 2018 and 2035. For each horizon year forecasts are made for the a.m. and p.m. peak hours. To compute the project's fair share contribution it is recommended to use the 2035 forecasts. The 2018 forecasts only accounts for part of the future new development which will utilize the roadway segment whereas the 2035 forecasts accounts for all future new development which will utilize the roadway segment. Therefore, it is a more appropriate basis for calculating the project fair share contribution. For this horizon year, it is recommended to use the a.m. peak hour analysis because it indicates a greater percentage utilization of the subject roadway segment by the project. The analysis shown above indicates that the appropriate fair share contribution should be 21 % instead of 25%. Cost Estimates The city has computed the project fair share responsibility at $616,800. Part of this cost estimate includes estimates of the unit quantities of materials used in construction of the roadway segment. The cost estimates of these quantities were checked to verify their reasonableness. In addition, unit cost estimates were checked against current Caltrans data for Riverside County and San Bernardino County. The city cost estimate was $130,550. The TEP estimate was slightly less at $127,285. The cost estimates for the construction quantities are shown on the attached table, which also shows the city's total cost estimate including costs for grading, engineering, dry utilities, and land acquisition. It is significant to note that the city has applied the fair share percentage of 25% to all of these components of its cost estimate except the construction quantities. Transportation Engineering and Planning, Inc. 2 271 /332 Recommended Fair Share Cost Responsibility In fight of the information documented above, an alternative is recommended to compute the fair share cost responsibility to construct the subject roadway segment by the Indus Industrial Project. This recommendation is shown below. The recommended fair share responsibility has been reduced to $219,037. Four factors have resulted in a reduction in the cost estimate. These include the following: 1) The fair share percentage has been reduced from 25% to 21 %. 2) The fair share percentage has been applied to the construction quantities. This was not done in the city estimate. 3) The TEP estimate of the cost of construction quantities instead of the city estimate. 4) The cost of land acquisition has not been included, as the requisite right-of-way has already been dedicated. FAIRFIELD RANCH ROAD FROM STATION 10+00.00 TO STATION 17+35.00 Recommended Cost Estimate: Construction costs $ 127,285.00 $ 26,729.85 Grading - 21 % of lump sum $ 25,200.00 Engineering - 21 % of lump sum $201,469 $42,308.49 II Dry Utility - 21 % of lump sum $594,282 $124,799.22 I Total $ 219,037.56 Report prepared by: Craig S. Neustaedter California Registered Traffic Engineer License #1433/Expiration December 31, 2016 Transportation Engineering and Planning, Inc. 3 272/332 FAIRFIELD RANCH ROAD FROM STATION 10+00.00 TO STATION 17+35.00 Item Unit Cost Cost COMMENTS CALTRANS ITEM # City Cost Estimate i 4" AC over 735ftx28ft Aption ea 70NMeasure4Quantity$ 130.00 $ 64,610-00 UNIT WEIGHT OF AC USED $145LB/CU.FT. 390129 $63,750.00 2 i0" CRUSHED AGGREGATE BASE OVER CY 63S $ 4S.00 $ 28,575.00 THIS ITEM UNIT COST EASILY VARIES +/-$5 260203 S25,800.00 735fix28ft Area 3 24" RCP LF 155 $ 100.00 $ 15,500.00 DEPENDS ON THE NATURAL COVER AND DEPTH, 650018 $15,500.00 ETC. Varies between $90-$110 4 36" CMP INLET EA 1 $ 1,600.00 $ 1,600.00 DEPENDS ON DEPTH AND LOCATION, COULD GO 700638 $7,500.00 UP TO $3500 5 JUNCTION STRUCTUREti4 EA 1 $ SOO.OD $ 7,500.00 ALMOSTSAME COST AS STORM DRAIN MH, $6,000.00 DEPENDING ON SEVERAL FACTORS, ONE IS THE DEPTH 6 STORM DRAIN MH EA 1 $ 7,500.00 $ 7,500.00 THIS UNIT EQUIPPED WITH LADDER AND ]TALL 014563, 038693 $10,000.00 DEPENDS ON THE DEPTH, 7 2-INCH X 6-INCH REDWOOD HEADER LF 800 $ 2.S0 $ 2,000.00 REASONABLE, Not a CALTRANS listed item $2,000,00 SU 3-TOTAL. . ............................ $ 127,285.00 $130,550.00 Other items (from City): Grading - lump sum $30,000,00 Engineering -25%of$201,469__ - - $SO,O00.00 Dry. UtilitV - 25 % of $S94,282 . ...................................... $1S0,000.00 Land Acquisition - 25 % of $1,02S,000 $256,2S0.00 Sub -total $486,250.00 Total $616,800.00 4 273/332 f......� . ° '...1 Z5/4- " COS, p 274/332 275/332 BAPS June 10, 2016 Joann Lombardo Community Development Director 14000 City Center Drive Chino Hills, CA 91709 Re: Indus Road Reimbursement Dear Ms. Lombardo, BAPS Development, Inc. In furtherance of our discussion during the June 7'a, 2016 Planning Commission meeting, please find attached our response to Mr. Nix's handwritten Fairfield Ranch Road reimbursement calculation dated April 4, 2016. We have carefully reviewed Mr. Nix's calculation and are amenable to utilizing his methodology except for two minor revisions. Attached to this memorandum, as Exhibit "A", is the highlighted section that requires a revision. The highlighted section appears to allocate the right of way acquisition cost for the entire roadway from Red Barn Court to Monte Vista Avenue. This allocation, however, is not accurate because the $1,025,000 was paid to acquire only the 730 feet east of the channel. Put another way, BAPS dedicated 1.5 acres of land and the then Van Klavem property dedicated 1.5 acres of land to the west of the channel. The calculation cannot include the 2620 linear feet of the entire roadway because we did not pay $1,025,000 to acquire the property west of the channel. Therefore, the highlighted section should reflect a simple division of $1,025,000 by 2 (50% to Indus and 50% to BARS). We request that the figure of $142,795 be replaced with the appropriate figure of $512,500. I he second revision identifies certain costs that were a part of this roadway construction and appear to have been omitted. Attached hereto as Exhibit "B" is a chart specifically identifying certain costs that should be added to the overall calculation. As you will determine, we ba.ve ntiFzed. the baseline figures used by Mr. Nix and divided the allocation by 2 to ensure a fair share between Indus and BAPS. The omitted enginceringlconstruction costs are approximately $71,950, In sum, by utilizing Mr. Nix's baseline figures and correcting the aforementioned issues, it is our opinion that the fair share reimbursement amount should be $945,000. In the good -faith spirit of cooperation, we, are willing to absorb the remaining amount of monies owed to BAPS in order to resolve these issues at the June 21 ", 2016 Planning Commission hearing. RepresentAtive 81 5uttoris Lane, Piscataway, New Jersey OUS4 11e1: (732) 777-1414 1 Fax: (732) 777-1616 Attachment 3 276/332 EXIIIBRt � � r n�� `' 277/332 ............... __...... ....... _-'_-- -'--__-'_- -.�r:.R4710'--��g�����._'��--�����-- . ..'��... ����--l-1--l- '--^----'- --' -----'---/-~^~-'-------------��'~-�"=--------'--- -~ \��m�� L°�� �_�� �=(o[� --_---_- ----__---- -......... .... _........ ...... ...... -_-__--_--____'-_ ~_^ \ ' —�--��-��--r---- ------- —��'--'--'----- �... .... ... .......... --_-----___-_---__----_---'__---_-----'........... �~/° 000 coo --_-___.------.--_-____-__- ' -------- -- -__'--...... ........ ... '---------- --............ --_-_--_ . ���� '��'}��.._-_____.. 'Fv�^oe � .~�4~��--. ---�-----�---------'-'--- �� ' '-- 280/332 BAPS DEVELOPMENT BAPS Development, Inc. June 10, 2016 -- Exhibit "B" Description Amount ROADWAY EXCAVATION 950 CY O $20/CY /2 $ 9,500.00 CULVERT COST ($100,000 735/2620)/2 $14,000AQ CONCRETE BARRIER RAIL (100 LF © $120/LF)*735/2620 /2 $1,700.00 STRIPING (735 LF X 4 X $1.50)/2 $ 2,200.00 SWPPP COST - LUMP SUM $ 7,500.00 TEMPORARY FENCE ($25705 * 735/2620) /2 $ 3,600.00 CONST. MGMT COST (0.15*$201,469) $ 30,200.00 OVERHEAD COST (26% OF $25000/2) $ 3,250.00 1 Additional Project Costs to Supplement Nix Calculation: $ 71,950.00 81 Suttons Lane, Piscataway, New Jersey 08854 1 Tel: (732) 777-1414 1 Fax: (732) 777-1616 281 /332 PLANNING COMMISSION AGENDA STAFF REPORT Meeting Date: June 7, 2016 Public Hearing: Q �,� ,� Discussion Item: ❑ c i,"���c� IIills Consent Item. ❑ May 31, 2016 Agenda Item No.: 7b TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND SITE PLAN REVIEW (15SPR01) FOR THE INDUS LIGHT INDUSTRIAL BUILDING PROJECT, A 100,330 SQUARE FOOT LIGHT INDUSTRIAL BUILDING ON A 4.87-ACRE VACANT PARCEL LOCATED AT THE NORTHEAST CORNER FAIRFIELD RANCH ROAD AND RED BARN COURT EXECUTIVE SUMMARY Newcastle Partners (the Applicant) requests approval of a Site Plan Review (15SPR01) to facilitate the construction of a light industrial building on a 4.87-acre vacant parcel located at the northeast corner of Fairfield Ranch Road and Red Barn Court, south of the future Fairfield Ranch Commons development. As shown in the proposed project site plan, the proposed project consists of a 100,330 square foot light industrial building comprised of two floors of office space totaling 7,500 square feet and one floor of warehousing space totaling 92,830 square feet. The proposed building would measure approximately 45-feet in overall height, would include loading docks along the eastern side of the building adjacent to Red Barn Court, and a total of 118 surface parking spaces provided throughout the site. The proposed project also includes a total of four ingresslegress driveways, consisting of two driveways along Fairfield Ranch Road and two driveways along Red Barn Court. RECOMMENDATION That the Planning Commission: a) Conduct a public hearing and take public testimony on the project; and, b) Adopt a Resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS, ADOPTING A MITIGATED NEGATIVE DECLARATION, MITIGATION MEASURES AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR SITE PLAN Attachment 4 282/332 Meeting Date: June 7, 2016 Page: 2 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT— SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM REVIEW 15SPR01; AND, APPROVING SITE PLAN REVIEW 15SPR01 TO ALLOW THE DEVELOPMENT OF A 100,330 SQUARE FOOT LIGHT INDUSTRIAL BUILDING ON A 4.87-ACRE VACANT SITE. PROJECT 1.114: a1 0UF17:mt[-�.►l&IfflW:1i1r1 APPLICANT: Newcastle Partners (attn: Jackson Smith) 4740 Green River Road, Suite 118 Corona, CA 92880 OWNERS: Indus -Chino Hills LP LOCATION: Northeast corner of Fairfield Ranch Road and Red Barn Court (south of the future Turner Fairfield Ranch Commons project) [(APNs) 1028-191-06 and 1028-191-07 (Parcel Map 19502, Parcels 2 and 3)]. M11111lli 117*9101 1111Ca7,q'I Parcel Size: 4.87 acres Terrain: Flat Existing Land Use: Vacant Overlay District: No Hazard General Plan: Business Park Sewer Service: City of Chino Hills Zoning: Light Industrial (LI) Water Service: City of Chino Hills Location Land Use Site Vacant General Plan Designation Zoning Business Park North Vacant (future Fairfield Business Park Ranch Commons project) South Business Office Park Business Park East Chino Hills Self Storage Business Park West Vacant Commercial B.A.P.S. Temple and Institutional Cultural Center Light Industrial (LI) Business Park (BP) PD 50-153 PD 50-153 Freeway Commercial (C-F) institutional -Private (1-1) 283/332 Meeting Date: June 7, 2016 Page: 3 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT— SITE PLAN REVIEW 15SPRO1, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM VICINITY MAP own JY � E r i�r ff ma`s BACKGROUND 11 On February 18, 2015, an application for a Site Plan Review (15SPR01) was submitted to the Community Development Department for processing. The application requests approval to develop the 4.87-acre project site, a triangular -shaped parcel located at the northeast corner of the intersection of Fairfield Ranch Road and Red Barn Court (see vicinity map, above). The Applicant is requesting approval of Site Plan Review 15SPR01 to develop a new 100,330 square foot light industrial building on the project site. 284/332 Meeting Date: June 7, 2016 Page: 4 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT — SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM The 100,330 square foot light industrial building will include two floors of office space totaling 7,500 square feet and one floor of warehousing space totaling 92,830 square feet. The proposed two-story building and warehouse would measure approximately 45-feet in overall height, would include loading docks along the eastern side of the building adjacent to Red Barn Court, and a total of 118 surface parking spaces provided throughout the site. The project proposes a total of four ingress/egress driveways, consisting of two driveways along Fairfield Ranch Road and two driveways along Red Barn Court. The project has been reviewed by the City's Project Review Committee (PRC) on March 30, 2015, May 26, 2015, and August 17, 2015. After submittal of the additional information, Staff deemed the project application complete on September 30, 2015. On September 22, 2015, the City Council agreement with Rincon to prepare the proposed Indus Light Industrial Building Environmental Quality Act (CEQA). As (MND) was prepared in accordance with impacts. authorized executing a professional services iecessary environmental document for the project in accordance with the California a result, a Mitigated Negative Declaration ;EQA to assess the project's environmental On May 2, 2016, the MND was circulated to the San Bernardino County Clerk for a posting and review period of at least twenty days (as required by CEQA), and circulated to all appropriate public agencies for comment. Further, the City mailed notices to 11 property owners within a 300-foot radius from the subject property and interested parties, and subsequently published the notice in the Chino Champion News on April 30, 2016. As of the preparation of this Staff Report, Staff has received one comment in response to the notice. PROJECT ANALYSIS (SITE PLAN REVIEW) The project site is currently designated as Business Park in the Chino Hills General Plan and is consistently zoned Light Industrial (LI). These designations are established to facilitate the development of larger -scale businesses involved in light manufacturing, distribution, or services, as well as office and retail uses in some areas. More specifically, the Light Industrial zoning district provides for a more limited range of uses, including only light industrial and manufacturing uses which benefit from separation from residential, office, and retail districts. The proposal includes development of a light industrial manufacturing building (Exhibit "D"). The project is considered a "spec" building since the building would be constructed as proposed, but a tenant to occupy the building has not yet been identified. Notwithstanding, the building would consist of 92,830 square feet of warehouse space to accommodate light industrial and manufacturing uses. Further, the project includes a total of 10 dock doors along the eastern side of the building to accommodate delivery and shipping trucks via Red Barn Court. In accordance with the City's Development Code, a total of 118 parking stalls are proposed throughout the site. 285/332 Meeting Date: June 7, 2016 Page: 5 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT --SITE PLAN REVIEW 15SPRo1, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM Pursuant to Section 16.76.060 of the Chino Hills Municipal Code, the following findings are required to approve a Site Plan Review application. (Municipal Code language is boldface, followed by findings in normal type): A. That the proposed use is consistent with the General Plan. The project would develop a vacant property with a 100,330 square foot, light industrial building, which is consistent with the underlying Business Parr General Plan land use designation. The City's General Plan designates business park development along the SR-71 Freeway corridor. The designation of business park development complies with the City's goals and policies listed below that aim to provide a full range of retail, shopping, service, and employment opportunities for its residents while maintaining its high -quality residential environment. The proposed building would consist of 92,830 square feet of warehouse space to accommodate light industrial and manufacturing uses, along with 7,500 square feet of office space that will serve as administrative offices for the light industrial and manufacturing uses that would occupy the building. As such, the project would meet the following General Plan goals, policies, objectives and actions: Vision Statements: o V-2: A Chino Hills that provides ample local shopping, services, and employment, and a secure tax base to support City government and the services it provides. o V-4: A Chino Hills that supports its commercial and employment centers. ® Land Use Element: o Goal LU-2: Balance residential with commercial, business, and public land uses. Policv LU-2.5: Promote land use patterns that support a regional jobs/housing balance. Action LU-2.5.3: Concentrate major business park and uses that represent a potential employment base near the Chino Valley Freeway corridor and along major arterials. Economic Development Element: c Goal ED-1: Promote a diversified economic base. Policv ED-1.2: Promote employment opportunities in Chino Hills. Action ED-1.2.2: Concentrate major business park and office development near the SR-71 Freeway. B. 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. 286/332 Meeting Date: June 7, 2016 Page: 6 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT-- SITE PLAN REVIEW 15SPRO1, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM As illustrated in more detail in Table 1, below, the proposed project complies with or exceeds the minimum development standards for properties zoned Light Industrial (LI). Further, the surrounding area is comprised of existing commercial uses (to the south and east); existing vacant land that is zoned for commercial development (to the west); and light industrial uses to the north that are associated with the Fairfield Ranch Commons development project, which includes a 326,641 square foot industrial business park component that abuts the subject property. The proposed development would be consistent with the existing and future uses in the vicinity, and would not be detrimental to these adjacent uses. C. That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed. The project site is a vacant, triangular -shaped parcel measuring 4.87 acres in area. Further, the site is flat, and is located at the northeast corner of the intersection of Fairfield Ranch Road and Red Barn Court, which is near major arterials in the City and close to freeway access. Further, as illustrated in more detail in Table 1, below, the parcel is of adequate size to accommodate the proposed building, parking, and landscaping, while complying with the development standards of the underlying zoning requirements. D. That the proposed use complies with all applicable development standards of the zoning district. Because the proposal includes developing a vacant parcel within the Light Industrial (LI) zoning district, the development is subject to the standards contained in Municipal Code Section 16.14.040. Table 1 below illustrates the applicable development standard, and a comparison of the various components of the proposed development. As illustrated in more detail in Table 1, below, the proposed project complies with or exceeds the minimum development standards for properties designated as Light Industrial (LI). In summary, the proposed project is located on a 4.87-acres site, and includes a light industrial building that complies with the parking, landscaping, setback, minimum lot size, height and FAR requirements. 11 Light Industrial (LI) Development Standards JMin Project Size: 10,000 sq. ft. Min. Lot Dimensions: 100 feet, width and depth Maximum Height: none, provided that parking and landscaping requirements are met Landscaping: 15% of project area Table 1 Proposed Development Project size measures 212,217 sq. ft. (4.87 acres) Project site measures 800 feet width and 600 feet depth. Building height measures 45 feet maximum to top of parapet walls. The two story office space is contained within the height. Overall Landscaping Provided: 17.6% 287/332 Meeting Date: June 7, 2016 Page: 7 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT— SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM (Parking Lot Landscaping: 5% of parking areas, exclusive of loading areas ,Maximum Floor Area Ratio: None. Subject to meeting parking and landscaping Minimum Setbacks: Front: 25' building/15' parking Side: 20' street side/10 interior side Rear: 0', unless abutting residential district !Building Material: Metal Buildings Prohibited 'Parking Required: Per Section 16.34.060, Office 1:300sf, Warehouse 1:1,100sf Based on project size and square footage, 118 spaces required. Parking Lot Landscaping Provided: 7.9% FAR proposed: 0.47. Project also complies with parking and landscaping requirements. From Fairfield Ranch Rd.: 25' building/15' parking From Red Barn Court: 20' From Los Serranos Lake Channel: 10' N/A Building exterior includes a concrete tilt -up. Project specifics: Office requires 25 spaces Warehouse requires 93 spaces. Project is providing 118 parking spaces. E. That the proposed use observes the spirit and intent of this Development Code. Pursuant to Title 16 (Section 16.02.030), "the purposes of this Development Code are: A) To implement the Chino Hills General Plan; B) To classify, segregate, restrict, designate, regulate, and encourage the best type, location, and use of buildings, structures, and land; C) To limit the intensity, height, number of stories, and size of buildings and other structures hereafter designed, erected, or altered; D) To regulate and determine the size of yards and other open spaces; E) To regulate and limit the intensity of development; F) To facilitate adequate provisions for community facilities, such as transportation, water, sewage, schools, and parks; and G) To provide the economic and social advantages resulting from an orderly use of land and its resources." Further, pursuant to Section 16.14.010, the intent and purpose of the Light Industrial district is to "provide(s) for a more limited range of uses, including only light industrial and manufacturing uses which benefit from separation from residential, office, and retail districts." The project site, and the resulting development, comply with this intent and purpose of both the Development Code and the underlying zoning designation. 1:4041I/1 Z07►1►►i1:1►1111>I':1IIIIIIID7ck1111:I:41TAIIJ,11111Lei al In accordance with the provisions 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 288/332 Meeting Date: June 7, 2016 Page: 8 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT —SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM 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 Negative Declaration (IS/MND) was prepared for the project, by Rincon Consultants, an environmental consulting firm pre -approved and retained by the City for preparation of the required project environmental documents and reviewed independently by City staff and the Planning Commission. Technical studies prepared as part of the IS/MND included air quality and greenhouse gas analyses, biological resources study, cultural resources survey, noise analysis, and a traffic impact analysis. As shown in the IS/MND (Exhibit °F"), the project will not result in or create any significant impacts, or have less than significant impacts to aesthetics; agriculture and forestry resources; air quality; geology/soils; greenhouse gas emissions; hazards/hazardous materials; hydrology/water quality; land use; mineral resources; noise; population and housing; public services; recreation; and, utilities/service systems. However, the Initial Study identified that the project may create potentially significant impacts to 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. Biological Resources As described above in the Environmental Setting Section of the 1S/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 vacant and developed parcels, 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 BIO-1, which requires preconstruction protocol surveys to assure avoidance of impacts to the species. Lastly, the project site contains ornamental shrubs (i.e., castor bean) at the northeast corner, which could provide suitable nesting habitat for several common avian species. Since the proposed project would result in the removal of these existing shrubs, Mitigation Measure BIO-2 would be required to reduce impacts to nesting birds to a less than significant level. Thus, implementation of these mitigation measures, listed below, would result in a less than significant impact upon the issue of Biological Resources. 289/332 Meeting Date: June 7, 2016 Page: 9 SUBJECT: INDUS LIGHT INDUSTRIAL. BUILDING PROJECT -- SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM BIO-1: 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 (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 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; a 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 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 CDFW Staff Report on Burrowing Owl Mitigation (2012) (i.e., through installation of one-way doors). 290/332 Meeting Date: June 7, 2016 Page:10 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT- SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM ® 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 CDFW Staff` Report on Burrowing 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; 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 Owl Mitigation (CDFW 2012) guidance and submitted to the City's Community Development Department and the local CDFW office for review and approval. The 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; a 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 291 /332 Meeting Date: June 7, 2016 Page: 11 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT - SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM 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. 610-2: Nesting Birds. If project clearing and construction must occur during the avian nesting season (February to September), a survey for active nests must be conducted by a qualified biologist, one to two weeks prior to the activities to determine the presence/absence, location, and status of any active nests on or adjacent to the project site. If no active nests are discovered or identified, no further mitigation is required. In the event that active nests are discovered onsite, a suitable buffer determined by the qualified biologist (e.g. 30-50 feet for passerines) should be established around such active nests. No ground disturbing activities shall occur within this buffer until the biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Limits of construction to avoid a nest site shall be established in the field by a qualified biologist with flagging and stakes or construction fencing. Construction personnel shall be instructed regarding the ecological sensitivity of the fenced area. The results of the survey shall be documented and filed with the Community Development Director within five days after the survey. 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. Fourteen potentially historic resources have been recorded within a 0.5-mile radius of the project site. However, a prehistoric burial site was identified to be located approximately 0.25 mile southeast of the project site, with the burial being recovered 8-feet below the surface of an agricultural field. Due to the presence of recorded resources in the vicinity, ground disturbing activities within the project site could have potentially significant impacts on archaeological, paleontological, and tribal cultural resources. However, with implementation of the following mitigation measures (CR-1 through CR-7), impacts to cultural and paleontological resources would be reduced to a less than significant level. 292/332 Meeting Date: June 7, 2016 Page: 12 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT — SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM 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 shall be performed under the direction of a qualified, city -approved 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. If the discovery proves to be significant under CEQA 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 appropriate actions may be warranted at the discretion of the qualified archaeologist. The archeologist shall complete a report of excavations and findings, and submit the report to the lead agency. After the find is appropriately mitigated, work in the area may resume. CR-2: Unanticipated Discovery 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 (MILD). 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: Paleontological Resource Impact Mitigation Program. Prior to any grading on the project site, the project applicant shall retain a qualified, city - approved paleontologist to prepare and implement a Paleontological Resource Impact Mitigation Program to reduce direct and indirect adverse paleontological 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 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 investigators; and shall be in place prior to any project grading activities. The Paleontological Resource Impact Mitigation Program shall 293/332 Meeting Date: June 7, 2016 Page: 13 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT— SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM be prepared and implemented by a paleontologist approved by the City's Community Development Director. CR-4: Paleontological Monitoring. During all earth -moving activities, the project site shall be monitored by a qualified, city -approved 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 3.5 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. CR-5: 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 to the satisfaction of the city - approved paleontologist. CR-6: 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. Copies of the daily log shall be submitted to the City's Community Development Director on a weekly basis or sooner if significant finds are encountered. CR-7: Prepare a Final Paleontological Report. A final technical report of the results and findings of the paleontological investigations shall be prepared by the paleontologist and submitted to the City's Community Development Director. 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 52, "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 294/332 Meeting Date: June 7, 2016 Page: 14 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT — SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM historic register, or if the lead agency chooses to treat the resource as a tribal cultural resource. AB 52 consultation was carried out by the City of Chino Hills, which included mailing consultation letters to the two tribes that had requested notification (Soboba Band of Mission Indians and the Gabrieleno Band of Mission Indians). No request for consultation was submitted to the City as a result of this process. However to account for the potential discovery of Native American resources, Mitigation Measure CR-1 requires archaeological and Native American monitoring for all ground disturbing activities. TransportationfTraffic As part of the CEQA process, Linscott Law & Greenspan (LLG), prepared a traffic impact analysis report (TIA) analyzing the traffic impacts that would be generated by the proposed project, which is included as Appendix H in the IS/MND document for the project. Since the developer and property owner have not yet identified a tenant for the proposed building, land use assumptions were made based on the allowable uses within the Light Industrial zoning classification (i.e., General Light Industrial, Manufacturing, and Warehousing). As illustrated in Table 2 below, trip generation associated with these uses range from as few as 453 weekday daily trips for Warehousing, to 887 weekday daily trips for General Light Industrial. Thus, to be conservative and provide the flexibility for the proposed Project, the potential traffic impact associated with the trip generation potential for General Light Industrial was used to prepare the TIA. Table 2 Estimated Project Traffic Trip Generation Weekday Peak Hour Land Use AM PM Total Daily Trips General Light Industrial 140 127 887 Manufacturing 121 113 597 Warehousing 38 43 453 Source: LLG, 2015; See Appendix H for full traffic analysis. Note: trips are passenger car equivalents, based on 100,330 sf project Fourteen key study intersections were selected for evaluation utilizing San Bernardino County Congestion Management Program (CMP) analysis criteria and 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. SR-71 SB Ramp at Chino Hills Parkway (Chino Hills/Caltrans) 2. SR-71 NB Ramp at Chino Hills Parkway (Chino Hills/Caltrans) 295/332 Meeting Date: June 7, 2016 Page: 15 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT -- SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM 3. Ramona Avenue at Chino Hills Parkway (Chino Hills/Chino) 4, Monte Vista Avenue (S) at Chino Hills Parkway (Chino Hills/Chino) 5. Monte Vista Avenue (N) at Chino Hills Parkway (Chino) 6. Central Avenue at Chino Hills Parkway/Manuel Gonzalez Drive (City of Chino) 7, SR-71 NB Ramp at Ramona Avenue (Chino Hills/Caltrans) 8. SR-71 SIB Ramp at Ramona Avenue (Chino Hills/Caltrans) 9. Central Avenue at El Prado Road (City of Chino) 10.Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road (City of Chino Hills) 11. Soquel Canyon Parkway at SR-71 NB Ramps (City of Chino Hills/Caltrans) 12.Soquel Canyon Parkway at SR-71 SIB Ramps (City of Chino Hills/Caltrans) 13.Soquel Canyon Parkway at Pomona Rincon Road (City of Chino Hills) 14.Soquel Canyon Parkway at Los Serranos Country Club Drive/Butterfield Ranch Road (City of Chino Hills) The following scenarios were evaluated for near -term (Year 2018) and long-term (Post 2035) conditions: a) Existing traffic counts, b) Estimated project traffic generation/distribution/assignment, c) Estimated cumulative project traffic generation/distribution/assignment, d) AM and PM peak hour capacity analyses for existing conditions, e) AM and PM peak hour capacity analyses for existing plus project conditions, f) AM and PM peak hour capacity analyses for near -term (Year 2018) conditions without and with project traffic, g) AM and PM peak hour capacity analyses for long-term (Post-2035) conditions without and with project traffic, h) Area Traffic Improvements and Mitigations, i) Improvement Costs Estimates, j) Project -Related Fair -Share Contributions, k) Freeway off -ramp queuing analysis, 1) Site Access and Internal Circulation Evaluation, and m) Parking Analysis. According to the City of Chino Hills guidelines, 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. The City of Chino Hills General Plan Circulation Element establishes a Peak Hour LOS D or better as generally acceptable. LOS D represents high -density but stable traffic flow which is approaching capacity. In addition, City standards indicate that a significant traffic impact results if the V/C Ratio increases by 0.01 or more at an intersection that is projected to operate at LOS E or F without the project. The City of Chino establishes a Peak Hour LOS D or better as generally acceptable. In addition, Caltrans District 8 has established that LOS D is the operating standard for all Caltrans facilities. 296/332 Meeting Date: June 7, 2016 Page: 16 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT— SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM The TIA analyzed the projects traffic impacts on adjacent intersections, including impacts associated with other known development projects, and concluded that traffic associated with the proposed project would not directly impact any of the 14 key study intersections, when compared to the LOS standards and significant impact criteria specified above. The intersection of Central Avenue at El Prado Road (in the City of Chino), currently operates at an unacceptable LOS E during the AM Peak and LOS F during the PM Peak under existing traffic conditions and is forecast to continue to operate at these LOS levels under existing plus project traffic conditions. According to the City of Chino General Plan (Objective TRA-1.2, Policy 1), LOS E is the minimum acceptable condition that should be maintained during peak commute hours. When the pre -project condition is already below LOS D (i.e., LOS E or F), the project is responsible for fully mitigating its impacts to a level of service equal to or better than it was without the project. The City of Chino employs a 50 peak hour trip criterion that is utilized by the City of Chino to represent a threshold of trips at which an intersection within this jurisdiction would have the potential to be significantly impacted. If a project generates below 50 trips, then the impacts are less than significant. In this case, the project contributes less than 50 trips (19 trips in the AM peak hour and 16 trips in the PM peak hour), so the impacts are less than significant. Where a project contributes less than 50 peak hour trips, the City of Chino could require fair share contributions for projects within their jurisdiction towards needed improvements at locations within the City of Chino. Although not required by the City of Chino, the City of Chino Hills is conditioning the Indus project to pay its fair share to the City of Chino for the Central and El Prado improvements. Under 2018 cumulative conditions, there is one intersection within the City of Chino Hills that would be adversely impacted by the project: Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road. During the AM peak, the 2018 cumulative conditions plus project would result in an increase in LOS from E to F and an increase in the VIC ratio at Central AvenuelSoquel Canyon Parkway at Fairfield Ranch Road from 0.982 to 1.023, a 0.041 increase which exceeds the City of Chino Hills threshold of 0.01, as noted above. Both the recently approved Santa Barbara and Higgins Ranch Trumark project are conditioned to install the following improvements at the Central AvenuelSoquel Canyon Parkway at Fairfield Ranch Road: 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. 297/332 Meeting Date: June 7, 2016 Page: 17 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT— SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM Whichever of the two developments, Santa Barbara or Higgins Ranch/Trumark, develop first will be required to construct these improvements at Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road, with the later development paying its fair share. These improvements would reduce year 2018 cumulative traffic conditions to LOS D, and the project contribution would cause a V/C increase of approximately .02 which for an intersection rated as LOS D under existing conditions is a less than significant impact.. The IS/MND requires the Indus project to pay its fair share toward these improvements. However if the Indus project precedes the Santa Barbara or Higgins Ranch/Trumark projects, the Indus project would be the first to develop and will be required to construct these improvements at Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road, and be reimbursed through subsequent fair share payments by the other contributing developments. As such Mitigation Measure T-1 is applicable to the Indus Light Industrial project, and reads as follows: T-1: Traffic Improvements. The applicant shall pay fair share fees for construction and implementation of, or construct and implement as required below, the necessary improvements identified below for the intersection Central Avenue/Soquel Canyon Parkway at Fairfield Ranch Road in the City of Chino Hills to offset the impact of their project. Central Avenue/Soquel Canvon Parkwav at Fairfield Ranch Road in the Citv 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. 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 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 issuance of any certificate of occupancy for any commercial, warehouse or office structure in the project. Therefore, implementation of this mitigation measure would result in a less than significant impact upon the issue of Transportation/Traffic. 298/332 Meeting Date: June 7, 2016 Page:18 SUBJECT: INDUS LIGHT INDUSTRIAL BUILDING PROJECT —SITE PLAN REVIEW 15SPR01, MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM PUBLIC NOTICE and PUBLIC COMMENTS As indicated above, a Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA) to assess the project's environmental impacts. On May 2, 2016, the MND was submitted to the San Bernardino County Clerk's Office and circulated to all appropriate public agencies, commencing a 20- circulation period that ended on May 23, 2016. Further, the City mailed notices to 11 property owners within a 300-foot radius from the subject site, and published the notice in the Chino Hills Champion on April 30, 2016, Staff received one comment after the circulation period from the San Bernardino Department of Public Works (Exhibit "C"), stating that any work on the project site that affects the adjacent flood control right-of- way requires a flood control permit from the County. As a result, Staff has included a condition requiring the applicant to obtain such a permit and provide evidence to City Staff. Respectfully submitted, :Uoct�(',, � Joann Lombardo Community Development Director Prepared by: , u',< 3 �L�, - - - A Eduardo Schonborn Contract Planner Attachments: a Resolution ■ Exhibit "A" — Conditions of Approval ■ Exhibit "B" -- Mitigation Monitoring and Reporting Program Exhibit "C" — Comment letter from San Bernardino County Department of Public Works ■ Exhibit "D" — Project Plans ■ Exhibit "E" — Colored Rendering ■ Exhibit "F" — Initial Study/Mitigated Negative Declaration ■ Public Notice ■ Mailing List 299/332 c16 0�c -//, REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium Indicates your time has clapsod NOTE —THIS DOCUMENT IS A PUBLIC RECORD PLEASE P Name: Cv�"I' 1L Company/AssoclationfOrganWtion (d any- Address a Area of Residence (Opffonal): I wish to speak under. 1. PUBLIC COMMENTS SECTION Sub)ect: 2. AGENDA rTEM NO. 2!2- FAVOR _ OPPOSE The City Council is interested in your commenls. 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