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08-13-2019 CC Rpt 32Date: 08-13-2019 Item No.: 32 500/658 DATE: TO: FROM: RE: MEMORANDUM AUGUST 7, 2019 HONORABLE MAYOR AND CITY COUNCIL MEMBERS BENJAMIN MONTGOMERY, CITY MANAGER ~ CM2019-044 PLANNING COMMISSION ACTION REGARDING AGENDA ITEM 7A - EXTENSION OF TIME 19EXT02 FOR TENTATIVE TRACT MAP 16959 TO SUBDIVIDE 6.64 ACRES OF LAND TO CREATE 11 SINGLE-FAMILY RESIDENTIAL PROPERTIES LOCATED NORTH OF PINNACLE ROAD AND SOUTH OF CARBON CANYON ROAD At their meeting on August 6, 2019, the Planning Commission (Commission) received a report from City staff regarding the above-mentioned item, a request from Everbright International to grant a three-year extension to Tentative Tract Map 16959. The approved tentative map would subdivide 6 .64 acres of land, which is currently developed with one single-family residence, to create 11 single-family residential properties, 2 open space lots, and 1 private street lot. A representative of the applicant addressed the Planning Commission and discussed the circumstances that have prevented the project from moving forward since the approval of the tentative map and the measures currently underway to allow the project to proceed in a timely fashion moving forward. Two residents of the surrounding community spoke during the public hearing. Brad Goldman expressed concerns regarding traffic safety and the line of sight for drivers on Pinnacle Road, the size of the lots relative to the surrounding developments, and environmental and fire considerations. Theresa Santos also expressed concern regarding traffic safety at the project's entrance on Pinnacle Road . The Planning Commission discussed the concerns raised by the residents with staff and noted that these concerns were evaluated during the entitlement of the project and would be considered during the construction plan review process . The Commissioners discussed granting a reduced time extension to provide for a future review in the event that the project is unable to achieve forward progress within a reasonable time frame. 501/658 August 7, 2019 Page 2 CM2019-044 By a 4-0 vote (with Commissioner Hamamoto absent), the Planning Commission adopted a resolution approving Extension of Time 19EXT02 to grant a two-year extension to Tentative Tract Map 16959. BM :JL: RG:eo:ss PLANNING COMMISSION AGENDA STAFF REPORT Meeting Date: August 6, 2019 Public Hearing:  Discussion Item:  Consent Item:  July 30, 2019 Agenda Item No.: 7a TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: EXTENSION OF TIME 19EXT02 FOR TENTATIVE TRACT MAP 16959 TO SUBDIVIDE 6.64 ACRES OF LAND TO CREATE 11 SINGLE-FAMILY RESIDENTIAL PROPERTIES LOCATED NORTH OF PINNACLE ROAD AND SOUTH OF CARBON CANYON ROAD EXECUTIVE SUMMARY The applicant, Everbright International, is requesting approval of a three-year extension of time for Tentative Tract Map (TTM) 16959, which was originally approved by the City Council on July 12, 2011. The approved tentative map would subdivide 6.64 acres of land, which is currently developed with one single-family residence, to create 11 single- family residential properties, 2 open space lots, and 1 private street lot. The recommendation of approval for the extension of time is based on the provisions of Municipal Code Section 83.041105, which allows for an extension of time for tentative tract maps by mutual consent of the subdivider and the Planning Commission. Additionally, staff’s recommendation is based upon a review of the applicant’s circumstances and the Conditions of Approval imposed with the approval of TTM 16959. RECOMMENDATION Staff recommends that the Planning Commission adopt the attached resolution approving Extension of Time 19EXT02 for TTM 16959, based on the findings of fact as listed in the attached Resolution and subject to the Conditions of Approval. PROJECT: CASE NO.: Extension of Time 19EXT02 for Tentative Tract Map 16959 OWNER/ Everbright International APPLICANT: 300 N. Lake Avenue, Suite 1090 Pasadena, California 91101 LOCATION: Located on the north side of Pinnacle Road, south of Carbon Canyon Road, and at the eastern terminus of Carriage Hills Lane. Assessor’s Parcel Number: 1031-071-09 502/658 Meeting Date: August 6, 2019 Page: 2 SUBJECT: Extension of Time 19EXT02 for Tentative Tract Map 16959 SITE DESCRIPTION Project Area: 6.64 acres Existing Land Use: One (1) single-family residence General Plan: Low Density Residential Zoning: Low Density Residential (R-S) Terrain: Generally sloping upward from the northeastern property line towards the southwestern property line Overlay District: Fire Hazard Sewer Service: City of Chino Hills Water Service: City of Chino Hills VICINITY MAP Project Site 503/658 Meeting Date: August 6, 2019 Page: 3 SUBJECT: Extension of Time 19EXT02 for Tentative Tract Map 16959 SURROUNDING LAND DESCRIPTION BACKGROUND On July 12, 2011, the City Council of the City of Chino Hills adopted a resolution approving Tentative Tract Map 16959 and adopting a Mitigated Negative Declaration and Mitigation Monitoring Program for the project. The tentative tract map subdivided the existing 6.64 - acre property into 11 single-family residential lots, 2 open space lots, and 1 private street lot. While the approved project anticipated the future development of the tract with single - family residences, conceptual design plans for the development of the homes were not provided during the review of the tentative tract map. Condition of Approval No. 1 for TTM 16959 provides that the tentative tract map shall become null and void unless map recordation has taken place within thirty-six (36) months after its approval, July 12, 2014. Starting in the mid 2000’s, a downturn in the residential market occurred that delayed the final map and ultimate construction of the approved project. This downturn affected development throughout the state of California, causing the state legislature to enact a series of statutes that automatically extended the expiration dates of valid tentative maps that met the criteria specified in each statue. TTM 16959 satisfied the criteria of one of the extension statutes; Assembly Bill 116 was enacted on July 11, 2013. AB 116 extends the expiration date of any approved tentative map or vesting tentative map that was approved on or after January 1, 2000, and that ha d not expired as of the effective date of the legislation by twenty-four (24) months. Thus, the expiration date of TTM 16959 was extended to July 12, 2016. On October 31, 2013, Everbright International acquired the property with the intent to develop single-family homes. Everbright International submitted a Tract Home Design Review application for the development of the property, which was reviewed and approved by the Planning Commission on November 3, 2015. The applicant also initiated the post entitlement process for the development of the property; street and utility improvement plans and rough grading plans were submitted to the City for review. The Planning Commission approved a three-year extension of time (16EXT04) for TTM 16959 on June 21, 2016, extending the expiration date to July 12, 2019 ; the applicant requested the extension of time to ensure their ability to complete the City’s review and LOCATION GENERAL PLAN LAND USE ZONING EXISTING USE Site One single-family residence and vacant land Low Density Residential Low Density Residential (R-S) North Single-family residences Low Density Residential Low Density Residential (R-S) South Single-family residences and vacant land Low Density Residential and Public Open Space Low Density Residential (R-S) and Public Open Space (OS-2) East Single-family residences Low Density Residential Low Density Residential (R-S) West Single-family residences Low Density Residential Low Density Residential (R-S) 504/658 Meeting Date: August 6, 2019 Page: 4 SUBJECT: Extension of Time 19EXT02 for Tentative Tract Map 16959 approval process for the final map package and ensure compliance with and the satisfaction of all applicable Conditions of Approval and the requirements of the Mitigation Monitoring Plan. For example, Mitigation Measure BIO-1 requires the developer to obtain appropriate permits from the U.S. Army Corp of Engineers, the California Department of Fish and Wildlife (formerly the Department of Fish and Game), and the Santa Ana Regional Water Quality Control Board. Coordination with these resource agencies is often a time consuming process that can take one or more years to complete. On June 24, 2019, the applicant submitted a request for an additional three -year extension of time for TTM 16959. As part of the formal request, the applicant provided a letter summarizing the circumstances that have prevented the recordation of the final map within the previous three years and the steps taken to allow the project to move forward successfully if the requested extension is granted (Exhibit “B”). The applicant has indicated that previous efforts were hampered by problematic staffing, but to enable the project to proceed towards final map approval and initiate physical development of the project, the applicant is pursuing a joint venture with a firm more experienced in real estate development to facilitate the completion of the project in a more coordinated and timely fashion. The new project manager and development team anticipate initiating the rough grading of the project and obtaining approval of the final map within 18 months from the granting of the requested extension of time. Updates to the Project Conditions of Approval In considering Extension of Time 19EXT02, staff recommends that Condition of Approval No. 1 be revised to reflect the change in the expiration date and that Condition of Approval No. 27 be revised to clarify the payment of Quimby In-Lieu Fee and the Park and Recreation Facilities Fees prior to the issuance of building permits. The latter change regarding the fees merely reflects the fact that this applicant is not dedicating land for parks, so the fees will be due prior to issuance of building permits. The revisions to the previously approved conditions are shown in Exhibit “D”. GENERAL PLAN CONSISTENCY The project site is designated as Low Density Residential on the General Plan Land Use Map and is zoned R-S Low Density Residential. The General Plan allows for a density of up to six dwelling units per acre in the Low Density Residential areas, and the proposed density for the project is 1.7 dwelling units per acre (du/ac). The project site is surrounded by low density residential uses, as designated on the General Plan Land Use Map, and the proposed new single-family residences are an appropriate use in the area. Furthermore, the proposed residential development complies with the applicable provisions of Title 16 of the Chino Hills Municipal Code, a tool used to implement the visions and policies of the General Plan. Therefore, the granting of Extension of Time 19EXT02 for TTM 16959 is consistent with the Chino Hills General Plan. FINDINGS Pursuant to Gov. Code, § 66452.6, an approved tentative map may be extended by the Planning Commission for a period or periods not exceeding a total of six years. Further, the map extension request was filed before the expiration date. Once a tentative map is approved, the City's discretion to deny an extension of the map is discretionary, but limited, and involves only a determination of whether and what 505/658 Meeting Date: August 6, 2019 Page: 5 SUBJECT: Extension of Time 19EXT02 for Tentative Tract Map 16959 length of time to be granted. (El Patio v. Permanent Rent Control Bd. (1980) 110 Cal.App.3d 915, 928, 168 Cal.Rptr. 276 [“[S]ection 66452.6 expressly permits an extension only as to ‘time.’ There is no provision which suggests that the legislative body or advisory body is to reconsider its findings under section 66474 when granting an extension of time”].) Bodega Bay Concerned Citizens v. County of Sonoma (2005) 125 Cal.App.4th 1061, 1068. Therefore, in this matter, the Planning Commission must consider whether there is good cause to extend the map for three years or some other period of time. Staff has analyzed the facts and recommends that the Planning Commission adopt a three-year extension for the reasoning set forth below regarding Extension of Time 19EXT02. A.FINDING: That good cause exists to grant the extension. FACT: Given the representations the applicant has made in the Letter attached as Exhibit “B”, and the fact that the applicant is now pursuing a joint venture with an experienced real estate development firm to facilitate the completion of the project in a more coordinated and timely fashion, such that the applicant anticipates initiating the rough grading of the project and obtaining approval of the final map within 18 months, good cause exists to grant the requested extension of time. ENVIRONMENTAL ASSESSMENT: An environmental review was completed for the project and a Mitigated Negative Declaration and Mitigation Monitoring Program (“MND”) were adopted by the City Council on July 12, 2011, pursuant to the California Environmental Quality Act (CEQA) Guidelines and the City of Chino Hills Local Procedures for Implementing CEQA. As the current application requests an extension of time for the project as it was approved, the prior MND adequately addressed the effects of the proposed project. No substantial changes have been made in the project, no substantial changes in the circumstances under which the project is being undertaken, and no new information of substantial importance to the project which was not known or could not have been known when the MND was adopt ed have become known. Therefore, no further environmental review is required. 506/658 Meeting Date: August 6, 2019 Page: 6 SUBJECT: Extension of Time 19EXT02 for Tentative Tract Map 16959 PUBLIC COMMENTS Staff published a public hearing notice in the Chino Hills Champion newspaper on July 27, 2019, and mailed public hearing notices to the surrounding property o wners on July 23, 2019. As of the writing of this staff report, staff has not received any public comments concerning the proposed Extension of Time for TTM 16959. Respectfully submitted, Recommended by: __________________________ ____________________________ Joann Lombardo Ryan Gackstetter Community Development Director Senior Planner Attachments: Resolution Exhibit “A” – Conditions of Approval Exhibit “B” – Letter from Everbright International Exhibit “C” – Tentative Tract Map 16959 Exhibit “D” – Comparison document showing the revised Conditions of Approval Original Staff Report for Tentative Tract Map 16959 Original Conditions of Approval for Tentative Tract Map 16959 Original Resolution for Tentative Tract Map 16959 Affidavit of Mailing (Public Hearing Notice & Mailing Labels) 507/658 1 OF 4 RESOLUTION NO. PC 2019 –___ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS, CALIFORNIA APPROVING EXTENSION OF TIME 19EXT02 FOR TENTATIVE TRACT MAP 16959 TO SUBDIVIDE 6.64 ACRES OF LAND TO CREATE 11 SINGLE-FAMILY RESIDENTIAL PROPERTIES AND 2 OPEN SPACE LOTS LOCATED NORTH OF PINNACLE ROAD AND SOUTH OF CARBON CANYON ROAD THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: A.The applicant, Everbright International, requested approval for a 36-month extension of time for Tentative Tract Map (TTM) 16959, which was originally approved by the City Council on July 12, 2011. The approved tentative map would subdivide 6.64 acres of land, which is currently developed with one single-family residence, to create 11 single-family residential properties, 2 open space lots, and 1 private street lot. B.The site is located on the north side of Pinnacle Road, south of Carbon Canyon Road, and at the eastern terminus of Carriage Hills Lane. The property is legally described as Assessor’s Parcel Number 1031-071-09 as shown in the latest records of the Office of the Tax Assessor of the County of San Bernardino. C.The property is zoned Low Density Residential (R-S), and has a General Plan land use designation of Low Density Residential. D.An Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program were 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 and Mitigation Monitoring Program were available for public review from September 17, 2009, through October 16, 2009. The City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring Program on July 12, 2011, and a Notice of Determination was filed with the Clerk of the Board of Supervisors, County of San Bernardino per Section 21152 of the Public Resources Code. As the current application requests an extension of time for the project as it was approved, the prior MND adequately addressed the effects of the proposed project on the environment. No substantial changes have been 508/658 2 OF 4 made in the project, there are no substantial changes in the circumstances under which the project is being undertaken, and no new information of substantial importance to the project which was not known or could not have been known when the Mitigated Negative Declaration and Mitigation Monitoring Program were adopted have become known. E.Tentative Tract Map 16959 was approved by the City Council at a duly noticed public hearing on July 12, 2011. Pursuant to the Conditions of Approval, the expiration date for the tentative map was established as July 12, 2014. F.Starting in the mid 2000’s, a downturn in the residential market occurred that delayed the final map and ultimate construction of the approved project. This downturn affected development throughout the state of California, causing the state legislature to enact a series of statutes that automatically extended the expiration dates of valid tentative maps that met the criteria specified in each statue. TTM 16959 satisfied the criteria of one of the extension statutes; Assembly Bill 116 was enacted on July 11, 2013. AB 116 extends the expiration date of any approved tentative map or vesting tentative map that was approved on or after January 1, 2000, and that has not expired as of the effective date of the legislation by twenty-four (24) months. Thus, the expiration date of TTM 16959 was extended to July 12, 2016. G.The Planning Commission approved a 36-month extension of time (16EXT04) for TTM 16959 on June 21, 2016, extending the expiration date to July 12, 2019, to provide additional time to allow the applicant to pursue approval and recordation of the final map and development of the project. H.The applicant submitted a formal request for a 36-month extension of time for TTM 16959 on June 24, 2019, in accordance with the provisions of California Government Code Section 66452.6 and Section 83.040220(f) of Appendix D of the Chino Hills Municipal Code. I.The Planning Commission of the City of Chino Hills held a duly noticed public hearing on August 6, 2019, 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 relative to the Extension of Time 19EXT02 for Tentative Tract Map 16959, as follows: A.FINDING: That good cause exists to grant the extension. FACT: Given the representations the applicant has made in the Letter 509/658 3 OF 4 attached as Exhibit “B”, and the fact that the applicant is now pursuing a joint venture with an experienced real estate development firm to facilitate the completion of the project in a more coordinated and timely fashion, such that the applicant anticipates initiating the rough grading of the project and obtaining approval of the final map within 18 months, good cause exists to grant the requested extension of time. SECTION 3. The Planning Commission of the City of Chino Hills does hereby approve Extension of Time 19EXT02 for Tentative Tract Map 16959, pursuant to California Government Code Section 66452.6 and Section 83.040220(f) of Appendix D of the Chino Hills Municipal Code, based on the findings included within this resolution and subject to the Conditions of Approval incorporated herein by reference as Exhibit “A”. SECTION 4. The Planning Commission Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 6th day of August 2019. ______________________________ SHERAN VOIGT, CHAIRMAN ATTEST: __________________________________ EMILY ORTIZ PLANNING COMMISSION SECRETARY APPROVED AS TO FORM: ____________________________________ ELIZABETH M. CALCIANO ASSISTANT CITY ATTORNEY 510/658 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, EMILY ORTIZ, Planning Commission Secretary of the City of Chino Hills, do hereby certify that the foregoing Resolution No. PC 2019-___ was duly passed and adopted at a regular meeting of the Chino Hills Planning Commission held on the 6th day of August 2019, by the following roll call vote, to wit: AYES: COMMISSION MEMBERS: NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: _________________________________ EMILY ORTIZ PLANNING COMMISSION SECRETARY 511/658 City of Chino Hills 1 of 10 August 6, 2019 Exhibit “A” CITY OF CHINO HILLS Conditions of Approval Extension of Time 19EXT02 Tentative Tract Map No. 16959 PLANNING DIVISION INFORMATIONAL / ONGOING – GENERAL: 1.Tentative Tract Map No. 16959 shall become null and void unless map recordation has taken place by July 12, 2022. 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.The development of the project shall be in substantial compliance with the Tentative Tract Map, Conceptual Grading Plan, and Wall Plan as approved by the City Council on July 12, 2011. Any modifications to the plans approved by the City Council on July 12, 2011 may require subsequent review and approval by the Planning Commission as determined by the Community Development Director. 5.The development of the project shall comply with the Mitigation Monitoring Program (MMP) attached and incorporated by reference as adopted by the City Council on July 12, 2011. The applicant is responsible to bear all costs should a consultant be required to manage and implement the MMP. 6.The applicant shall comply with the Chino Valley Fire District’s Conditions of Approval for Permit # 7552 / TTM 16959, dated August 6, 2019 and Permit #14144, dated August 10, 2010 attached hereto. 7.The maximum total number of dwelling units which will have access to the cul-de-sac is 15 per Section 16.06.160.4.b.i of the Chino Hills Municipal Code. In the case of this project, the maximum shall not exceed 11, which is the number of dwelling units proposed. 512/658 Extension of Time 19EXT02 Tentative Tract Map 16959 Conditions of Approval City of Chino Hills 2 of 10 August 6, 2019 8.All Open Space lots shall be dedicated in fee to the Home Owners Association and be maintained by the Home Owners Association. 9.A Design Review application shall be required for the future development of single-family homes within Tentative Tract Map No. 16959. All development shall conform to the Chino Hills Development Code standards and the Mitigation and Monitoring Program as approved on July 12, 2011. 10.Noise emanating from the project shall not exceed the noise standards as listed in Chapter 16.48 of the City’s Development Code. See Mitigation Measure N-1, N-2, and N-3 for further clarification. 11.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. 12.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 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. 13.The “No Touch” zone shall be established to preserve the existing trees as required by BIO-4 in the Mitigation Monitoring Program for the project. The “No Touch” zone would allow the trees to be trimmed for regular maintenance but nor for removal of the trees. Regular maintenance shall include minor pruning of branches less than one (1) in diameter, the removal of dead or diseased branches, and other arborist directed maintenance. All other maintenance shall require City’s approval. 14.Colors/materials for the block walls and retaining walls for the overall subdivision, including any future walls and retaining walls for the individual shall blend with the natural landscape and be earth tone in color as approved by the City Council on July 12, 2011. All walls shall be provided with decorative cap. 15.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. 16.Where available, all Homeowners Association landscape irrigation shall use reclaimed or recycled water. 17.The project shall comply with the City’s Trust Deposit Account Procedures and Agreement. 513/658 Extension of Time 19EXT02 Tentative Tract Map 16959 Conditions of Approval City of Chino Hills 3 of 10 August 6, 2019 PRIOR TO RECORDATION OF FINAL MAP: 18.A Home Owners Association shall be formed to ensure the maintenance of the following improvements which are to be constructed within the project boundaries in perpetuity, including, but not limited to: A.All open space areas; B.All project related landscape improvements, monuments, irrigation and related equipment related landscape improvements, monuments, irrigation and related equipment, which are to be constructed on any common lots or easements within the project area and/or which are to be constructed within any public right-of-way located within or adjacent to the project area; C.All the streets, which shall be private and shall have private street maintenance, street sweeping and street lights; and D.The street light energy costs within the project. 19.Covenant, Conditions, and Restrictions (CC&Rs) shall be submitted to the Planning Division and the City Attorney for review and approval. The CC&Rs shall include, but not limited to minimum maintenance specifications for the Home Owners Association, the fuel modification areas, and the open space areas. The CC&Rs shall also include applicable items specified in these Conditions of Approval and the Mitigation Monitoring Program. 20.A Composite Development Plan shall be filed with, and approved by the City of Chino Hills Engineering Department and Community Development Department, delineating the minimum building setbacks of the R-S zone. All easements of record, both public and private, shall be delineated. A note shall be placed on the Composite Development Plan referencing the approved development standards of the R-S zone and Fire Hazard Overlay District. 21.All landscape areas, including lettered lots, manufactured slopes, and homeowner yards shall be bonded. PRIOR TO ISSUANCE OF GRADING PERMIT 22.Prior to the issuance of grading permits, a vector survey of the site shall be conducted by the West Valley 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 Vector Control District in order to reduce impacts to surrounding residences. 23.Retaining walls that are required as part of rough grading must be approved by the City prior to the issuance of grading permit. The developer shall submit the retaining wall and rough grading plans to the City prior to the issuance of grading. 24.Construction fencing, including tree protection fencing must be constructed and inspected by the City’s landscape architect and/or building inspector as 514/658 Extension of Time 19EXT02 Tentative Tract Map 16959 Conditions of Approval City of Chino Hills 4 of 10 August 6, 2019 outlined in the Mitigation Monitoring Program for the Initial Study/Mitigated Negative Declaration for the project. PRIOR TO ISSUANCE OF BUILDING PERMIT: 25.The developer shall obtain Design Review approval by the Planning Commission prior to the submittal of construction plans. 26.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. 27.All facilities fees as required by Chino Hills Municipal Code Chapter 3.40, including the Quimby In-Lieu Fee and the Park and Recreation Facilities Fees (PRFF) shall be paid to the City in an adjusted amount per dwelling unit. 28.Pursuant to Resolution No. 06R-16, the Affordable Housing In-Lieu Fee shall be paid to the City prior to the issuance of building permits. BUILDING & SAFETY DIVISION PRIOR TO ISSUANCE OF GRADING PERMITS 29.Grading plans shall incorporate erosion and sediment control per the requirements of the Chino Hills Municipal Code and Appendix Chapter J of the California Building Code. 30.All lots should drain to the street. If any lots do not drain to streets, the cross-lot drainage shall be reviewed and approved by the Building Official under the provisions of appendix chapter J of the California Building Code, and the City of Chino Hills Municipal Code. Adequate private drainage easements shall be provided over lots where cross-lot drainage occurs and shall be recorded on the Composite Development Plan. 31.The developer shall submit plans and obtain separate building permits for any retaining walls required to complete the grading prior to the issuance of grading permits. 32.All post-development drainage shall be conducted in non-erodible devices to an approved storm drain system or approved natural drainage course. PRIOR TO RECORDATION OF FINAL MAP 33.A Composite Development Plan prepared in accordance with Appendix D Article 5 of the City of Chino Hills Municipal Code shall be filed with, and approved by the City of Chino Hills Engineering Department and Community Development Department, delineating the minimum building setbacks and minimum separation between structures. All easements of record both public and private shall be delineated. 34.A list of proposed street names and a list of alternate street names shall be submitted to the Building Official for approval. Approved street names shall appear on the Final Map. 515/658 Extension of Time 19EXT02 Tentative Tract Map 16959 Conditions of Approval City of Chino Hills 5 of 10 August 6, 2019 35.All numbered lots shall have addresses assigned by the Building Division. All assigned addresses shall appear on the Composite Development Plan. 36.This project is located within the Fire Hazard Overlay. The project shall meet all requirements of Chapter 7A of the California Building Code and City of Chino Hills Ordinance Nos. 172 and 173. PRIOR TO ISSUANCE OF BUILDING PERMITS 37.Two approved, signed and wet stamped as graded soils reports, shall be submitted at the time of plan check submittal. 38.Certification of Rough Grade shall be submitted on approved City form. 39.Upon completion of rough grading, all erosion control measures and devices shall be installed at all perimeter openings and slopes. No sediment is to leave the job site. All newly graded surfaces not immediately involved in construction shall have an approved method of erosion protection in place at all times. No building permits shall be issued until compliance with the above requirements has been demonstrated. 40.A precise grade plan, per City standard, shall be submitted and approved for each lot prior to issuance of a building permit for that lot. 41.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. 42.All residential structures shall be equipped with full gutters and downspouts. All downspouts shall be tied to a underground yard drain system that outlets at an approved location. PRIOR TO OCCUPANCY 43.All required approvals from each Division/Department shall be obtained prior to final Building Inspection. 44.All slopes shall be planted prior to occupancy of any lot were adjacent slopes occur. ENGINEERING DEPARTMENT GENERAL / ONGOING: Grading 45.Any grading within the road right-of-way prior to the signing of the improvement plans shall be accomplished under the direction of a Soils Testing Engineer. Compaction tests of embankment construction, trench backfill, and all subgrades shall be performed at no cost to City of Chino Hills and a written report shall be submitted to the Engineering Division, prior to any placement of base material and/or paving. 46.Grading of the subject property shall be in accordance with California Building Code (CBC), City Grading Standards, and accepted grading 516/658 Extension of Time 19EXT02 Tentative Tract Map 16959 Conditions of Approval City of Chino Hills 6 of 10 August 6, 2019 practices. The final grading plan shall be in substantial conformance with the approved conceptual grading plan. 47.All cut and fill slopes shall: A.Not exceed a ratio of 2 horizontal to 1 vertical unless otherwise recommended by the engineering geologist and approved by the City Engineer and Building Official. Minimum setbacks from slopes shall conform to the California Building Code. B.Be contour graded to blend with existing natural contours. C.Be part of the downhill lot when within or between individual lots. D.The toe and crest of all cut and fill slopes in excess of 5 feet vertical height, but not greater than 10 feet vertical height, shall be rounded with vertical curves. E.The toe and crest of any slope in excess of 10 feet vertical height shall be rounded with curves of radii of no less than 5 feet and designed in proportion to the total height of the slope. F.Comply with the slope undulation provisions of Chapter 16.50 of the Chino Hills Development Code. G.Incorporate recommendations in the approved geology and soils report. 48.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. 49.Water spraying or other approved methods shall be used during grading operations to control fugitive dust. Recycled water shall be used for grading operations whenever available. 50.In hillside areas, residential developments shall be graded and constructed consistent with the standards contained in the City of Chino Hills Development Code, Chapter 16.50. Dedications 51.A Final Map is required for the proposed division and shall be recorded with the County Recorder pursuant to the provisions of the Subdivision Map Act. This map must be prepared by a licensed land surveyor or a registered civil engineer. The Final Map shall be prepared in accordance with the City of Chino Hills “Final Map Standards for Subdivisions, Parcel Map and Tract Map”, latest edition. This includes submittal of digitized CAD file of final map prior to map recordation. 52.An irrevocable offer of dedication for roadway and utility purposes shall be made for the private streets. 53.Private drainage easements for cross lot drainage shall be provided, if required and shall be delineated or noted on the final map. 517/658 Extension of Time 19EXT02 Tentative Tract Map 16959 Conditions of Approval City of Chino Hills 7 of 10 August 6, 2019 Street 54.All improvements within public right-of-way or private right-of-way shall be built to City Standards and in accordance with the current edition “Standard Specification for Public Works Construction” and the City of Chino Hills Development Code. All improvements shall be bonded in accordance with “Subdivision Map Act” prior to recordation of Final Map if the improvements are not finished prior to the recordation of the final map. All improvements shall bond for 100% of approved cost estimate to construct improvements and in accordance with the “Subdivision Agreement and Improvement Securities Policy” adopted by the City of Chino Hills unless constructed and approved prior to recordation of Final Map. Prior to Bond Release and/or Bond Reduction of the improvements and prior to acceptance of the improvements by the City, “As-Builts” for the improvements shall be submitted and approved by the City Engineer. 55.A thorough evaluation of any public street structural road section to include parkway improvements from a qualified soils engineer shall be submitted to the City Engineering Division for review during the construction of the public streets. This shall be submitted in a tabular form including street name, classification, and traffic index. 56.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. 57.Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed per City Standards, except for single-family residential lots. 58.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 street light plan which schematically shows the proposed locations of all street lights shall be submitted for review and approval by the City Engineer. All streetlights installed on private streets shall be maintained by the Homeowner’s Association. 59.Roads within the development shall not be entered into the City Maintained Road System. Drainage 60.A final drainage study shall be submitted and approved by the City Engineer prior to the final map approval and / or the issuance of building permits, whichever occurs first. Study shall address drainage patterns, proposed drainage facilities, mitigation measures proposed for first flush and detention facilities, etc. 61.Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 62.All post development drainage shall be conducted in non erodible devices to an approved storm drain system or approved natural drainage course covered by a private easement. 518/658 Extension of Time 19EXT02 Tentative Tract Map 16959 Conditions of Approval City of Chino Hills 8 of 10 August 6, 2019 Bonding 63.All improvements shall be bonded for 100% of approved cost estimate to construct improvements and in accordance with the “Subdivision Agreement and Improvement Securities Policy” adopted by the City of Chino Hills unless constructed and approved prior to recordation of Final Map. 64.If the required public improvements are completed prior to recordation of the final map, a one (1) year warranty bond shall be posted in the amount of 25% of the approved engineer’s cost estimate for all improvements. 65.Prior to Bond Release and/or Bond Reduction of the improvements and prior to acceptance of the improvements by the City, “As-Builts” for the improvements shall be submitted and approved by the City Engineer. Utilities 66.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. Sewer – Domestic Water – Recycled Water 67.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. 68.Water/sewer mains and storm drains lines shall be owned and maintained by the City. 69.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. 70.All fire hydrants shall be installed per City standards with location and fire flow requirements as determined by the Chino Valley Independent Fire District. 71.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. 72.A digitized drawing file of the improvement plans, in a City’s compatible CAD system, shall be submitted along with original Mylars. PRIOR TO ISSUANCE OF GRADING PERMIT 73.A 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 J of CBC and Chino Hills Development Code and shall 519/658 Extension of Time 19EXT02 Tentative Tract Map 16959 Conditions of Approval City of Chino Hills 9 of 10 August 6, 2019 delineate the alignment and grade of the proposed roads designed to City Standards. 74.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). 75.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. 76.An erosion and sediment control plan and permit complying with the CBC 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. 77.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. 78.A grading performance bond shall be required for this project. The amount of the performance bond shall not be less than one hundred percent (100%) of the total estimated cost of said grading work as determined by the Engineering Department. The City Attorney must approve the performance bond. PRIOR TO RECORDATION OF FINAL MAP 79.A Monumentation cash deposit is required prior to recordation of the final map. The City Engineer will determine this deposit. The refundable deposit is to guarantee the installation of centerline ties and to ensure payment to the surveyor of record. 80.The Tract Map shall be prepared in accordance with the City of Chino Hills “Final Map Standards for Subdivisions, Parcel Map and Tract Map”, latest edition. This includes submittal of digitized CAD file of final map prior to map recordation. PRIOR TO ISSUANCE OF BUILDING PERMITS 81.The final grading, appropriate certifications and compaction reports shall be completed, submitted and approved by the Engineering Department prior to the issuance of building permits. PRIOR TO OCCUPANCY 82.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. 83.Prior to Bond Release and/or Bond Reduction of the improvements and prior to acceptance of the improvements by the City, the developer shall provide for City approval “Record Drawing” for all improvements. 520/658 Extension of Time 19EXT02 Tentative Tract Map 16959 Conditions of Approval City of Chino Hills 10 of 10 August 6, 2019 84.Developer shall provide certifications for all public and private backflow devices installed as part of the development. END OF SEQUENTIAL CONDITIONS Project Manager: Ryan Gackstetter 521/658 Special Districts Leadership Foundation - District of Distinction Since 2008 August 6, 2019 It is a recommendation of the Fire District that the developer of every new construction project facilitate a preconstruction meeting. The meeting is to be scheduled with the Fire District Inspector for said project. The following are the conditions of the above referenced permit/project. All conditions shall be adhered to, failure to comply with said conditions may result in the revocation of said permit and/or 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. 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 minimum 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. Cul-de-sac length shall not exceed 600’. Access roads shall comply with Fire District Standard No. 111 1.2 Access drives which cross property lines shall be provided with CC & R's, access easements or reciprocating agreements and shall be recorded on the titles of affected Chino Valley Fire District 14011 City Center Drive Chino Hills, CA 91709 (909) 902-5260 Administration (909) 902-5250 Fax Chinovalleyfire.org Fire Protection Requirements Everbright International 300 N. Lake Avenue Pasadena, CA 91101 CVFD # 7552 / TTM 16959 Project Name: 19EXT02 for TTM 16959 Project Address: 2294 Carbon Canyon Rd. Chino Hills, CA 91709 Board of Directors John DeMonaco President Harvey Luth Vice President Mike Kreeger Sarah Ramos Evinger Winn Williams Fire Chief Tim Shackelford 522/658 Special Districts Leadership Foundation - District of Distinction Since 2008 properties. Copies of the recorded documents shall be provided at the time of Fire District plan review. 1.4 Water systems shall be designed to meet the required fire flow of this development and be approved by the Community Risk Reduction Division. The required fire flow shall be determined by using the California Fire Code, current adopted edition. Water systems shall comply with Fire District Standard Nos. 101, 102, and 103, if applicable. The developer shall furnish the Community Risk Reduction 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, if system is private. For water connections and work conducted in the public right of way, please refer to separate plans reviewed and approved by the water purveyor. 1.4 Fire hydrants shall be six inch (6") diameter with a minimum one four inch (4") and one two and one-half inch (2-1/2") connections. All fire hydrants shall be spaced a maximum of three hundred feet (300') apart. Private water systems shall comply with Fire District Standard Nos. 101, 102, and 114, if applicable. All hydrants shall be installed with pavement markers to identify their locations. 1.7 This development shall comply with the Fire Safety Review Overlay requirements. This development is in a Very High Fire Hazard Severity Zone. 1.8 A fuel modification plan shall be required. Requirements will be site specific for the proposed development. The applicant shall submit the fuel modification to the Fire District for review and approval. 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 Community Risk Reduction Division prior to combustibles being brought onto the site. 2.2 Approved street signs shall be installed prior to issuance of building permits. 2.3 Fire Protection water systems shall be tested, operational, and approved by the Community Risk Reduction Division prior to combustible materials being brought to the site. 2.4 All flammable vegetation shall be removed from each building site for a minimum distance of thirty feet (30') from any flammable building material including all structures. 2.7 The Developer shall submit, as an electronic file, a drawing of the new streets in .dwg or pdf. format to the Fire District with the building construction 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 construction and/or prior to final signoff. – This shall be conducted prior to issuance of the first building permit. In addition to the aforementioned items, the designated fuel modification should be included. 3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO OCCUPANCY: 523/658 Special Districts Leadership Foundation - District of Distinction Since 2008 3.2 A residential "life safety" fire sprinkler system is required. The developer shall submit three (3) sets of detailed plans and hydraulic calculations to the Community Risk Reduction Division for approval. Minimum water supply shall be a one inch (1") meter. The system shall be installed, tested and approved prior to occupancy. The system shall meet the standards of NFPA 13R or 13D and Fire District Standard No.126. Dwellings in excess of 5,000 square feet shall provide calculations of the (4) four most remote sprinkler heads. - Fire District Standard No.126 shall be used as the mitigating means to allow less than 30 foot separations between structures based on the 2010 Conditions of Approval. 3.10 Smoke and Carbon Monoxide alarms are required to be installed per Section 310 of the California Building Code, current adopted edition. Locations shall be in accordance with code requirements and shall be included on the plans submitted to the Fire District for review and approval. 3.11 "No Parking - Fire Lane" signs shall be installed in interior access drives at locations designated by the Community Risk Reduction Division. Curbs shall be painted red at locations designated by the Community Risk Reduction Division. Please refer to Fire District Standard No. 121. 3.16 Residential street addresses shall be posted with a minimum of four inch (4") numbers, shall be electrically illuminated (by 12-volt power source only) by internal means during the hours of darkness. Posted numbers shall contrast with the background used and be legible from the street in accordance with the California Fire Code, current adopted edition. Where building is set back more than 100 feet from the roadway, additional non- illuminated four inch (4") numbers shall be displayed at the property access entrance. These numbers shall also contrast with the background used. Please refer to Fire District Standard No. 122. 4.0 Three sets of plans shall be submitted separately for each of the following listed items to the Fire District for review, approval and permit prior to any installation or work being done. Approved plans must be maintained at the worksite during construction. Fees are due at the time of submittal. a) Private (onsite) Underground Fire Protection Water Systems, if applicable b) Building Construction, Fire flow Availability for is required. – Submit these plans concurrently to Chino Hills Building Department. c) Fire Sprinkler Systems, designed by C16 contractor or registered engineer, including any fire pumps. d)Final Fuel Modification Plan or Fire Protection Plan (FPP)– This shall be submitted and approved prior to the issuance of the first construction permit. The fuel modification area shall be completed prior to the issuance of the first Certificate of Occupancy for any residence that would be adjacent to said fuel modification area. Approved language shall be included in the CC & R’s for the development that property address the maintenance of the fuel modification area and the zone requirements that are set forth on each lot. Applicable Standards: 101, 102, 111, 121, 122, 124, 126, 143 CVFD Standards available online at http://www.chinovalleyfire.org 524/658 525/658 August 10, 2010 Chino Valley Fire District 14011 City Center Drive Chino Hills, CA 91709 (~0~) 902"5260 Aclmi~stra!ion ft . . (909) 902-5280 Fire Prevention ·rLANNII.D (909) 902-5250 Fax Mlf'I Chinovalley:fire.org FIRE PROTECTION REQUIREMENTS . . Boanl of Directors John DeMonaco President James S. Espi11osa Vice President Sarah Evi11gel' Ed Gray Ray Marquez FILE FireC/tief Paul L. Benson It is a recommendation of the Chino Valley Fire District that the developer of every new construction project facilitate a pre- construction meeting. The meeting is to be scheduled with the Deputy Fire Marshal. Attendees of the meeting shall include a Fire District representative, the Developer, and the General Contractor. The following are the Fire District conditions of this development. Questions regarding plan review fees, plan routing procedures, or the sta.tus of your plans can be answered by calling Alma Nielsen at (909) 902-5280, extension 404. Questions regarding these requirements can be answered by calling Deputy Fire Marshal Danielle Barnes at (909) 902-5280, extension 401. · .. ... . Permit# 14144 Section 9-1860 Project Name: FUEL MODIFICATION 16959 Building Address: . OLD CARBON CANYON/ PINNACLE RD City#: Councy#: Tract#: Applicant: Address: City,State,Zip: Phone#: Design Engineer: Address: City,State,Zip: Phone#: 16959 RICHARD MEAGLIA 688 W FOOTHILL BLVD MONROVIA, CA 91016 (626) 303"1920 · Applicable Fire Protection Standards are: The Required Fire Flow for this project is: ' Type of Development: G.P.M. @ 20 P.S.I. Residual Pressure, 2 . Hour Duration. Page 1 of 2 526/658 , .. August 10, 2010 Permit# 14144 FIRE DISTRICT CONDITIONS OF APPROVAL "' Tl1e above-referenced project is in the jurisdiction of the Chino Valley Independent Fire District. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Dislrict for verification of current fire protection development requirements. c Any modification, change of use, or tenant improvement to any occupancy shall be submitted to the Fil'e Prevention Division for approval prior to any work being done. All new construction shall comply with the International Fire Code, 2006 Edition, and the California Fire Code, 2007 Edition (as adopted by the Chlno Valley Independent Fire District); and all applicable statues, codes, ordinances and Fire District Standards. All required pennits shall be obtained and fees paid as specified in the current Fire District Fee Schedule Ordinance. 0.0 No Conditions for this Project. 4.0 SPECIAL CONDITIONS FOR THIS PROJECT ARE: THESE PLANS HA VE BEEN REVIEWED CONCEPTUALLY AS TO THE PROPOSED FUEL MODIFICATION REQUIREMENT SET FORTH BY LOCAL AND STATE LAWS. 1). Prior to implementation of this plan, a precise fuel modification plan shall be submitted to the Fire District for approval. A minimum of 3 sets of plans shall be submitted and approved prior to the issuance of the first building permit. Thls plan shall include the following: □a).Delineation of each fuel modification zone Db). Scale Dimensions De). Site Characterization Od). Indication of Permanent Zone Marker Locations & Details De). Delineation of impacted existing vegetation, address in Zone C what will remain and spacing D f). Description of vegetation removal □g). Plant Palette for proposed and existing plants Oh). Designation of irrigated zones Di). Emergency & Maintenance Access Points Dj). Property lines Dk). Statement of maintenance responsibility Page2 of 2 ; Tentative Tract Map No. 16959 Mitigation Monitoring Program (Adopted by City Council on July 12, 2011; Restated without amendment on June 21, 2016) Page 1 of 9 MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE AIR QUALITY AQ-1 Equipment used during rough and precise grading activities shall require the use of one of the following: • Diesel oxidation catalysts or other amendment to achieve a 15 percent reduction in NOx emissions; or • An engine tier of three or higher; or • An engine of year 2006 or newer. During grading Building & Safety Division AQ-2 During project construction, construction equipment shall be properly maintained in accordance with manufacturer’s specifications; maintenance shall include proper tuning and timing of engines. During maintenance, precautions shall be taken to ensure that fuel is not leaked onto the ground. Equipment maintenance records and equipment design specification data sheets shall be kept onsite during construction and subject to inspection by the SCAQMD. During construction Building & Safety Division AQ-3 During project construction, the developer shall require all contractors to turn off all construction equipment and delivery vehicles when not in use. During construction Building & Safety Division AQ-4 Prior to project construction, the project proponent will provide a traffic control plan that will describe in detail safe detours around the project construction site and provide temporary traffic control (i.e., flag person) during debris transport and other construction- related truck hauling activities. Prior to grading permit issuance Engineering Department AQ-5 During project construction, onsite electrical hook ups shall be provided for electric construction tools including saws, drills and compressors, to eliminate the need for diesel powered electric generators. During construction Building & Safety Division 527/658 Tentative Tract Map No. 16959 Mitigation Monitoring Program (Adopted by City Council on July 12, 2011; Restated without amendment on June 21, 2016) Page 2 of 9 MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE AQ-6 Grading activity shall not occur on days with an Air Quality Index forecast for San Bernardino County greater than 100 for particulates or ozone. The categories where grading shall not occur are: unhealthy for sensitive groups, unhealthy, very unhealthy, or hazardous. Air Quality Index forecasts can be obtained at the website: www.airnow.gov/index.cfm?action=airnow.showlocal&CityID=211. During grading Building & Safety Division AQ-7 The developer shall do the following to reduce energy use by the project. •ENERGY STAR-qualified (or equivalent) energy efficient appliances (washers, refrigerators, dishwashers), heating and cooling systems, and lighting products shall be installed in project homes. •Tankless water heaters and solar water heaters shall be evaluated for potential inclusion in the project homes and installed in project homes if possible. •Common area outdoor lighting shall use control systems to limit the hours of operation. •Solar heating, automatic covers, and efficient pumps and motors for pools and spas shall be required through the project conditions, covenants, and restrictions (CC&Rs). Prior to occupancy Building & Safety Division AQ-8 The developer shall explore the use of onsite construction off-road grading equipment that uses biodiesel fuel (a minimum of B5, or 5 percent of biodiesel) and strive to utilize an equipment contractor with equipment that uses biodiesel fuel. During grading Building & Safety Division AQ-9 Prior to issuance of rough grading permits, a Landscape Plan shall be prepared and submitted to the City of Chino Hills for review and approval pursuant to the City’s normal planning process. The Plan shall remain in effect through the life of the project. The Landscape Plan shall incorporate the following provisions: Prior to the issuance of a grading permit permits Planning Division 528/658 Tentative Tract Map No. 16959 Mitigation Monitoring Program (Adopted by City Council on July 12, 2011; Restated without amendment on June 21, 2016) Page 3 of 9 MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE Shade trees and foliage shall be incorporated to reduce building heating/cooling needs; Drought-resistant plants/shrubs shall be integrated into landscape design; and Landscaped areas for the homes shall use water-saving irrigation, such as in-ground irrigation as opposed to sprinklers that do not direct the water flow directly to the plants and allow for increased evaporation, and weather-based sprinkler technology that adjusts to the season. AQ-10 To reduce localized construction air quality impacts relative to PM10 and PM2.5 emissions, the following additional mitigation measures shall be implemented: •Apply water three times daily, or non-toxic soil stabilizers according to manufacturers’ specifications, to all unpaved parking or staging areas or unpaved road surfaces; •Water active sites at least twice daily; •Sweep streets at the end of the day if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water); •Apply non-toxic soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for ten days or more); •All trucks hauling dirt, sand, soil, or other loose materials are to be covered; •Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph; •Traffic speeds on all unpaved roads to be reduced to 15 mph or less; •Prohibit all diesel trucks from idling in excess of five minutes, both on-site and off-site; and •Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation. During grading and construction activities Building & Safety Division 529/658 Tentative Tract Map No. 16959 Mitigation Monitoring Program (Adopted by City Council on July 12, 2011; Restated without amendment on June 21, 2016) Page 4 of 9 MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE Biological Resources BIO-1 Prior to the issuance of a grading permit, the project proponent shall provide evidence that permits have been obtained from the U.S. Army Corps of Engineers (USACE), the California Department of Fish and Game (CDFG), and the Santa Ana Regional Water Qualit y Control Board (SARWQCB) as required. The USACE and the CDFG permits shall contain verification to the City that the loss of Southern Live Oak Riparian Forest has been mitigated through acquisition of off-site credits at a maximum ratio of 3:1 in a mitigation area for similar vegetation established by the City, if available, or at another mitigation area acceptable to the City and the USACE and CDFG. The ratio may be reduced to no less than 1:1 or as otherwise agreed to by the resource agencies and the City. Required with submittal of grading plans. Reviewed and accepted prior to issuance of grading permits Planning Division and Engineering Department BIO-2 Prior to the issuance of building permits, an expert in the management of native trees (particularly oaks) shall be consulted to work with the fuel modification planner to determine how many additional native trees are to be removed or will be in jeopardy of degradation. Within Zone B, a general guideline should be to direct irrigation away from native trees to the extent practicable and to use of fire resistant/drought tolerant landscape vegetation that does not require intensive watering should be used under the dripline of native trees. In addition, irrigation systems should be carefully adjusted to avoid surface runoff onto and into the soil beneath native trees. Within Zones B and C, the prescribed removal or pruning of regulated native trees for fuel reduction should be mitigated in the same manner as those trees to be removed for grading. That is, at a maximum ratio of 3:1 through either on or off-site plantings of the purchase of off-site credits. The ratio may be reduced to no less than 1:1 or as otherwise agreed to by the resource agency and the City. Prior to the issuance of building permits Planning Division and Chino Valley Independent Fire District 530/658 Tentative Tract Map No. 16959 Mitigation Monitoring Program (Adopted by City Council on July 12, 2011; Restated without amendment on June 21, 2016) Page 5 of 9 MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE CDFG recommends on-site native tree plantings to the extent practicable for all native plants removed or pruned, and a five year monitoring plan to ensure the impacts of the fuel modification are accurately identified and minimized. If on-site replacement plantings are not an option or are insufficient to offset the total impacts of the fuel modification activities, please provide the off-site plantings or credits and habitat types to be used as mitigation. The applicant shall consult with the City and CDFG regarding the location of off-site tree plantings or the proposed location of planted trees. Under either scenario, the applicant must supply a tree- planting plan, success criteria, provision for replacement of trees that die, and a five-year monitoring plan. The mitigation should occur in an area that is currently in conservation or proposed for conservation to ensure that these trees are not removed in the future for another purpose. BIO-3 If vegetation is to be removed during the nesting migratory bird nesting season (February 1 to August 31), a qualified biologist under the supervision of the City shall conduct a nesting bird survey of potentially suitable nesting vegetation no more than three (3) days prior to vegetation removal. If active nests are identified, the biologist shall flag vegetation containing active nests and establish appropriate buffers around the active nests, to be avoided until the nests are no longer active and the juveniles can survive independently from the nest. The size of the buffer shall be based on the type of bird nesting and the discretion of the biological monitor. Required with submittal of grading plans. Reviewed and accepted prior to issuance of grading permits Planning Division and Engineering Department BIO-4 Prior to the issuance of a grading permit, the following tree mitigation program shall be approved that provides for the following: 1.As shown in Table 7 of the Initial Study for TTM 16959, the applicant shall plant 251 replacement trees (or more for native trees as determined by BIO-1 and BIO-2). The Required with submittal of grading plans. Reviewed and accepted prior to issuance of grading permits Planning Division 531/658 Tentative Tract Map No. 16959 Mitigation Monitoring Program (Adopted by City Council on July 12, 2011; Restated without amendment on June 21, 2016) Page 6 of 9 MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE replacement trees must be planted within the boundaries of TTM 16959, or at City-approved offsite locations within City-owned landscape areas. If at the time of grading permit issuance the City has adopted a tree planting or tree replacement program for the planting of trees in City parks or City-owned open space, the applicant may contribute the cash amounts specified in Table 7 to the City’s tree program in lieu of planting replacement trees. The cash in lieu amount shall be based on the formula in the ordinance or resolution authorizing the tree planting or tree replacement program. The Community Development Director, or their designee, may accept a combination of replacement trees and cash in lieu to satisfy this mitigation measure. 2. A map shall be submitted to the Planning Division which depicts the trees to be removed and the trees that are to be preserved on-site consistent with the “Tree Protection Specifications, Tentative Tract No. 16959-Meaglia” prepared by Cy Carlberg dated June 23, 2008. These areas include but are not limited to; the limits of construction, permanent drainage easements, permanent needs lines, temporary construction easement lines, and Lots A and B. 3. Trees to be preserved on-site shall comply with the “Tree Protection Specifications, Tentative Tract No. 16959- Meaglia” prepared by Cy Carlberg dated June 23, 2008. Cultural Resources CR-1 A Paleontological Resource Impact Mitigation Program (PRIMP) shall be followed when construction excavation occurs within the project site. The PRIMP shall include the following steps: • A trained paleontological monitor will be present during ground disturbing activities within the project area. The monitor will be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. The monitor will be Monitoring and collection during grading. Report submittal prior to occupancy. Planning Division and Building & Safety Division. 532/658 Tentative Tract Map No. 16959 Mitigation Monitoring Program (Adopted by City Council on July 12, 2011; Restated without amendment on June 21, 2016) Page 7 of 9 MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE equipped to rapidly remove any large fossil specimens encountered during excavation. During monitoring, samples will be collected and processed to recover microvertebrate fossils. Processing will include microscopic examination of the residual materials to identify small fossil remains. • Upon encountering a large deposit of fossils, salvage will be conducted with additional field staff and in accordance with modern paleontological techniques. • All fossils collected during the project will be prepared to a reasonable point of identification. Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of all material collected and identified will be provided to the San Bernardino County Museum, an accredited museum repository along with the specimens. • Prior to occupancy of the first unit, a report documenting the results of monitoring and salvage activities and the significance of the fossils will be prepared. The final report shall include San Bernardino County Museum specimen numbers and a letter from the Museum stating that they are in possession of the fossils. • Prior to occupancy of the first unit, all fossils collected during this work, along with the itemized inventory of these specimens, will be deposited at the San Bernardino County Museum for permanent curation and storage. • The project Proponent is responsible for all costs of the Paleontological Resource Impact Mitigation Program (PRIMP), including curation costs and peer review of the final report by the City. Confirmation that the project meets its responsibility for costs associated with the PRIMP shall be required prior to issuance of rough grading permit. CR-2 Monitoring by a qualified archaeologist shall be required during all earthmoving, grading, grubbing, trenching or other earth-disturbing Monitoring during grading. Engineering Department 533/658 Tentative Tract Map No. 16959 Mitigation Monitoring Program (Adopted by City Council on July 12, 2011; Restated without amendment on June 21, 2016) Page 8 of 9 MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE activities on the project site. A City-approved Project Archaeologist must create a mitigation-monitoring plan prior to earthmoving in the project area. A pre-grade meeting associated with the details of that plan must occur between the monitoring archaeologist, the City representative, and the grading contractor before issuance of grading permits. Noise NO-1 Vibratory rollers shall not be used within 26 feet of any structure or property adjacent to the Project site during any phase of construction in order to prevent construction vibration levels from reaching above 0.2 PPV, the City of Chino Hills vibration standard. Bulldozers (such as a Caterpillar D8), or other alternate equipment shall be used for grading, which have vibration levels below that of vibratory rollers. During grading Engineering Department NO-2 At the time the rough grading permit application is submitted, the project applicant shall submit a construction noise mitigation plan to the City of Chino Hills for review and approval. The plan shall depict the location of construction equipment and describe how noise would be mitigated through methods such as, but not limited to, locating stationary noise-generating equipment (such as pumps and generators) as far as possible from nearby noise-sensitive receptors. Where practicable, noise-generating equipment will be shielded from nearby noise-sensitive receptors by noise- attenuating buffers such as structures or haul trucks. Onsite noise sources such as heavy equipment located less than 100 feet from noise-sensitive receptors will be equipped with noise-reducing engine housings. Portable acoustic barriers able to attenuate at least 6 dB—specifics of which to be detailed in the construction mitigation plan—will be placed around stationary noise-generating equipment located within 100 feet of existing residences. Water tanks and equipment storage, staging, and warm-up areas shall be located as far from noise-sensitive receptors as possible. All noise attenuation measures identified in the plan shall be incorporated into the project. Required with submittal of grading plans. Reviewed and accepted prior to issuance of grading permits. Engineering Department 534/658 Tentative Tract Map No. 16959 Mitigation Monitoring Program (Adopted by City Council on July 12, 2011; Restated without amendment on June 21, 2016) Page 9 of 9 MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE NO-3 All construction equipment shall utilize noise reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer. During grading and construction Building & Safety Division and Engineering Department 535/658  Dear City of Chino Hills:  Please review the answers shown below. I have taken over as project manager for this project and I am  currently an employee at Hengmao USA. Hengmao USA is the parent holding company for Everbright  International. Everbright is the project LLC company. I am a co‐worker with Peter Lu, CFO.    1.What are the circumstances or factors that have prevented the applicant from securing the approval or recordation of the final map prior to the expiration date? a.The project manager at the time was a gentleman named William Lee. He had a background in computer science and had minimal experience in real estate. Mr. Lee found many of the obstacles too challenging and did not possess the skillset to move the project forward. He had no experience in managing projects either nor working with a government entity like chino hills city. Mr. Lee is Chinese and there was a cultural difference in how China and the United States does business and how they interact with government establishments. Mr. Lee was unable to learn and adapt to the U.S. laws and systems. Mr. Lee being in charge of this project is the main reason why it has stalled without progress for so long. 2.Were there circumstances beyond the control of the applicant that prevented or significantly delayed the approval or recordation of the final map? a.Due to Mr. Lee’s inexperience, certain consultants he hired took advantage of his lack of knowledge. Ed Eckert, the civil engineer, was intentionally causing delays and stalling the project. Mr. Eckert knowingly submitted erroneous plans to the city so that he could resubmit plans again, thus allowing him to charge a high fee for every submission. Mr. Eckert delayed the project for his own financial gain because it was easy to deceive Mr. Lee for lack of experience. b.Mr. Eckert’s actions have been reported to me by 3 other consultants who all worked on the project independently of each other. Their names are not disclosed because this information was relayed to me in confidence. But I can ask for permission to provide their contact at your request. 3.What efforts and progress have been made towards the approval and recordation of the final map? a.Mr. Eckert, the civil engineer has been removed from this project. Mr. Lee, the project manager, has not only been removed from the project, but terminated from employment at our company for his mismanagement. b.We decided to go into a joint venture with a more experienced company to develop the property. We are in coordination with Karin Chao of Infinity Realty Advisors to work Everbright International  300 North Lake Avenue, Suite 1090  Pasadena, CA 91101  626‐788‐4569  Tristan@hengmaousa.com  Exhibit "B" EXHIBIT B 536/658 together and bring this project to completion. Ms. Chao has many years of experience completing a variety of real estate developments. We feel confident that a joint venture with a veteran in development is the best option for the project.   4.How will the applicant ensure that the final map is approved and recorded prior to the newexpiration date if an extension is granted?a.By doing a joint‐venture, we will have an experienced developer with the skillset andknowledge to push the project to completion. I personally bring many years of real estateexperience to the table. I have worked in real estate since 2013 and this year successfully completed a 30‐unit apartment project in Pasadena. Website can be seen here: https://www.pasadenacassini.com/. With my real estate background and the partner company’s experience and knowledge, the project will move along towards completion. 5.Please provide an anticipated time line for the approval and recordation of the final map and completion of the project. a.The timeline we are putting a few factors into consideration. We are nearing the end of the summer season and a large portion of the rough grading will be performed during the fall and winter seasons. We may experience significant rainfall similar to last year which may extend the timeline. We are targeting a 10 month rough grading period, with final map completed within 6 months. b.Using August as our starting month: Sincerely,  Tristan Wang  Operations Manager  Everbright International  August ‐ September Complete comments listed in  BIO‐1, BIO‐2, BIO‐4. Obtain  Traffic Control Plan.  Mitigation Measures for CR‐1,  CR‐2, Paleontology mitigation October ‐ November  Mitigation Measures NO‐1 to  NO‐3. Noise Plan mitigation.  New Vector Control Premises  Inspection Report. Submit  Retaining Walls to city.  December ‐ January Install fencing and tree  protection. Soil analysis.  Bridge design and location.  February Submit Rough Grading to  City. Make changes and  alterations.  March ‐ April Revise and finish any  remaining items. Obtain  Rough Grading Permit.  May ‐ June Obtain Precise Grading.  Design all lots.  July ‐ August Final Map, design and submit  to city. Make reisions and  changes September ‐ November Final Map revision and re‐ submission. 537/658◄ t t t t t t 17891011APINNACLE ROADR=145.00 L=42.52 Δ=16°48'09"L=81.29'=20°15'00"R=230.00'L = 140.77'=141°30'00"R=57.00' L =3 0.33' Δ= 8 6 °53'29"R= 2 0.00'L=74.47' Δ=5°20'50"R=798.00'N41°35'54"E65.00'N58°37'28"E 303.33'120.00'N56°43'08"EEXISTING PAVEMENTEXISTING PAVEMENTN12°17'33"W104.00'N33°16'52"W426.72'N28°09'06"W271.20'SCALE: 1" = 40'TENTATIVE TRACT MAP 16959 VICINITY MAP UTILITIES:IN THE CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIALot #Sq. Ft.12345610,4308,45210,60710,99811,98913,576Lot Width @ SetbackAve. Lot Width7891011A11,72611,93216,72614,12210,39496,332Lot / Acre / Width TableStreetZONE FOR ALL LOTS = RSELECTRIC:Acres0.270.280.380.320.242.210.710.240.190.240.250.280.31SITE:BEING A SUBDIVISION OF PARCEL NO. 2 OF PARCEL MAP NO. 2340, AS PER MAPFILED IN BOOK 25 PAGES 37 AND 38 OF PARCEL MAPS, IN THE OFFICE OF THECOUNTY RECORDER OF SAID COUNTY.L=73.1989.22'L=8.10'20.00'4L=00.0L'5=34.1'0R=5 L'1=4'.82N31°22'43"W130.75'126.26'N58°37'17"E 7.5% ROAD CANYON 163.01'N31°22'43"W1% 260.76'N59°35'44"E 317.55'127.65'109.89'N33°04'56"WL=44.00'N49°13'08"E65.00'179.20'L=43.62'30,716Total6.64289,3436 0'30'30'EXIST.V-DITCH (TO REMAIN)1028.4 INVPORPOSED 8" SEWER10' 10'10' WIDE UTILITY EASMENT OF GENERAL TELEPHONE PER BOOK 8800-901AND SO. CA. EDISON CO. PER BOOK 8803-1667, BOTH O.R.EASEMENT NOTES:THERE IS A BLANKET EASEMENT OF SOUTHERN COUNTIES GAS COMPANYFOR PIPE LINES PER BOOK 789-349 OF DEEDSTHERE IS AN INDETERMINATE EASEMENT OF SO. CA. EDISON COMPANY PERBOOK 3366 PAGE 359, O.R.EXISTING HOUSETELEPHONE:17.2'25.7'LOW DENSITY90.00'80.00'112.60'57.35'68.16'55.85'79.54'82.11'80.00'81.00'70.60'90.00'80.00'117.62'85.87'110.60'77.51'81.87'80.00'80.00'80.00'64.37'EXISTING 6" ACP WATER MAINEXISTING 6" ACP WATERPROPOSED 8" PVC WATERMAY, 2009DETENTIONBASINPROPOSEDFIRE HYDRANT147.97'N57°55'17"E57.52'GILBERT ENGINEERING COMPANY, INC.REVISION No. 7EXISTING PAVEMENT91.45FSFS91.75 EXISTING 2 STORY HOUSE 2:1SLOPE2:1 SLOPE 2:1 SL O P E EXI S T . C O N C R E T E DR I V E W A Y 10 2 5 EXISTING HOUSEEXISTING HOUSEEXISTING HOUSESLOPE2:1EXISTING HOUSE100' WIDEEX. WATER VLT(PROTECT INPLACE)600'R=325.00=13 4 . 5 7'80.01'9"12"9"CAMPHORCAMPHORCAMPHOR7'18'25'5 0'18'7'25'2%2%2%2%CURB AND GUTTER PER STD. 109BAC & BASE PER SOILS TEST"A" STREET - (PRIVATE STREET) TYPICAL SECTION NO SCALEL=74.'R=253.13R=15.00'L=19.44'SMHL = 1 8 0 . 3 5 '20.49'N09°51'11"W97.22'N57°55'17"E 150.41' N57°55'17"E 105.83'80.01'1049.0TC14"OAK14"OAK1048.22TC1048.22TCL=70.17'1 0 4 0 . 0TC1040.0TCC. BAS IN C. BAS IN 36" S.D.4.5%24" S.D.L=28. 85'15'B31,3430.72NOTE: EASMENT SHALL BE PROVIDED TO THE CITY FORUTILITIES UNDERNEATH THE PRIVATE STREET "A"L=21.24'L=20.58'L=23.50'45.91'106.17'N59°19'19"W100.65'DETENTION BASINAND LOT AACCESS TO1 0 3 5 . 0 T C EXISTING SPLASH WALL(TO BE REMOVED)48" S.D.R=190.00'L=61.21'REMOVE EXISTING DRAIANGE CHANNEL AND INSTALL 48" STORM DRAIN AS SHOWN38SIGHT DISTANCE > 400'SIGHT DISTANCE - 305'P R O P O S E D 8 " W A T E R 40' & VAR. WIDTH EASEMENT FORDRAINAGE AND FLOW PURPOSESPER O.R. REC. MAY 4, 1990 AS.INST. NO. 90-175251OVERFLOW P IPE L N66°20'54" E100' WIDEN58°37'17"E N58°37'17"E 135.22' 139.84'80.13'80.13'21.72'L=65.58'R=130.00L=61.48'Δ=56°00'01"L=127.06'59.39'71.36'Δ=52°11'41"L = 2 9 6 . 0 7 'Δ=52°11'41"R=275.00L = 2 5 0 . 5 2 'L=8.64'L=81.14'L=71.72 ' 170.85'OPEN SPACE LOTOPEN SPACE LOT12' WIDE SECONDARY FIRE ACCESS ROADPROPOSEDFIRE HYDRANTCL E AR S I T E AR E A A F T ER TRE EREMO V A L CLEAR S ITEAREA Exhibit "C"EXHIBIT C538/658 Exhibit “D” Extension of Time 19EXT02 for Tentative Tract Map 16959 Comparison Document Showing the Revised Conditions of Approval 1. Tentative Tract Map No. 16959 shall become null and void : unless map recordation has taken place by July 12, 2022. A. Unless map recordation has taken place by July 12, 2019. B. Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitation established in this section, the Planning Commission may grant an extension of time for a period not to exceed an additional thirty-six (36) months. Applications for such extension of time must set forth in writing the reasons for this extension and shall be filed together with a fee as established by the City Council with the Planning Division at least thirty (30) calendar days before the expiration of the Map. The applicant will be responsible for initiating any extension request. 27. All facilities fees as required by Chino Hills Municipal Code Chapter 3.40, including the Quimby In-Lieu Fee and the Park and Recreation Facilities Fees (PRFF) shall be paid to the City in an adjusted amount per dwelling unit. Credit against the PRFF may be claimed as set forth in Ordinance No. 109, Section 21, and as amended by Ordinance Nos. 127, 128, and 277 , subject to the restrictions and limitations set forth therein. For the purposes of this project, credits shall be limited to improvements only as outlined in the Ordinance. EXHIBIT D 539/658 540/658 COUNCIL AGENDA STAFF REPORT Meeting Date; July 12, 2011 Public Hearing: / Discussion Item: □ Consent ltem: o CITY CLERK USE ONLY RECEIVED 2011 JUL -5 AM 9: ~2 OFFICE OF GITY CLERK CHINO HILLS . July 5, 2011 TO: MAYOR AND CITY COUNCIL JUL 1 2 2011 FROM: MICHAEL S. FLEAGER1 CITY MANAGER C SUBJECT: REVISED AND RECIRCULATED MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM,~ TENTATIVE TRACT MAP NO. 16959 FOR THE SUBDIVISION~1A"0VED AS 6.64~ACRE SITE INTO ELEVEN (11) RESIDENTIAL LOTS LOC~NDED ON PINNACLE ROAD. RECOMMENDATION: Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS ADOPTING THE REVISED AND RECIRCULATED MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM AND APPROVING TENTATIVE TRACT MAP NO. 169591 FOR THE SUBDIVISION OF A 6.64 ACRE SITE INTO ELEVEN (11) RESIDENTIAL LOTS LOCATED ON PINNACLE ROAD. BACKGROUND: The Applicant, Richard and Soledad Meaglia, is requesting approval of Tentative Tract Map (TTM) No. 16959 for the subdivision of 6.64 acres into eleven (11) residential lots 1 two (2) open space lots, and one (1) lot for a private street located on the north side of Pinnacle Road, south of Carbon Canyon Road. The Project site is designated as Low Density Residential (2.0 to 6.0 dwelling units per acre) by the City's General Plan, and zoned R-S Low Density Residential (minimum lot size of 7,200 square feet). The proposed density of the Project is 1.6 dwelling units per f:lCre. Lot sizes range from 8,452 square feet to 16,726 square feet. The Project as conditioned meets all applicable development requirements of the Low Density Residential (R-S) zone. TTM 16959 was approved by the Planning Commission on October 20, 2009 and was appealed by the City Council on October 27, 2009.Subsequent to Planning Commission's approval, Staff received a comment letter from the California Department of Fish and Game (CDFG) requesting information on the potential impacts the Project's fuel modification zone would have on biological resources. The fuel modification zone was delineated on the tentative tract map but a fuel modification zone plan showing existing and proposed vegetation was not provided. Therefore, the City requested a Q5 1/178 541/658 Meeting Date: July 12, 2011 Page:2 SUBJECT: TENTATIVE TRACT MAP 16959 fuel modification zone plan detailing existing and proposed vegetation to address the concerns regarding potential impacts to habitat within CDFG jurisdiction and Southern Live Oak Riparian Forest habitat. The City's biological consultant, PCR assessed the fuel modification zone plan and provided mitigation measures to address the potential impacts. A Revised and Recirculated Draft Initial Study/Mitigated Negative Declaration was prepared to address CDFG's concerns and to incorporate mitigation measures recommended by PCR to ensure that the Project will not cause any significant adverse impacts to the environment. According to Development Code Section 16.58.070(8), when an appeal has been filed and/or when the City Council requests to review the action taken by the Planning Commission, the City Council shall review the same project as the Planning Commission and the review shall be conducted de novo. Under a de novo review, the action taken by the Planning Commission shall become null and void, and the City Council shall review the project as a whole in its entirety as if heard for the first time. A de novo review allows the City Council independent appellate determination of the project. ANALYSIS: CASE NO.: APPLICANT/ OWNER: Tentative Tract Map No. 16959 Richard and Soledad Meaglia 688 W. Foothill Blvd. Monrovia, CA 91016 LOCATION: The site is located on the north side of Pinnacle Road, south of Carbon Canyon Road. Assessor's Parcel Number 1031-071-09. SITE DESCRIPTION: The General Plan land use, Zoning, and existing uses are shown in Table 1 below. Site Low Density Residential R-S North Low Density Residential R-8 Single-fa~mily residential South High Density Residential R-S Single-family residential East Low Density Residential R-S Single-family residential West High Density Residential R-S Single-family residential 2/178 542/658 Meeting Date: July 12, 2011 Page:3 SUBJECT: TENTATIVE TRACT MAP 16959 VICINITY MAP 3/178 543/658 Meeting Date: July 12, 2011 Page:4 SUBJECT: TENTATIVE TRACT MAP 16959 PROPOSAL: The Project proposes a tentative tract map to subdivide 6.64 acres into eleven (11) single-family residential lots, two (2) open space lots, one (1) lot for a private street, and the related grading and improvements (i.e. utilities, streets, drainage facilities) necessary to develop the site. Conceptual grading and wall plans have been provided to show proposed pad elevations and existing trees to be protected and removed during grading activity, which is discussed further under Biological Resources below. The site is currently designated by the City's General Plan as Low Density Residential (2.0 to 6.0 dwelling units per acre) and zoned R-S Low Density Residential (with a maximum density of 6.0 dwelling units per acre and a minimum 7,200 square foot lot size). The proposed Project density is 1.6 dwelling units per acre with lot sizes ranging from 8,452 square feet to 16,726 square feet. · The future construction of the homes on the lots is required to be consistent with the City's Municipal Code in terms of building setbacks, building height, site coverage! landscaping, and residential design standards. The future construction of the homes will require approval of a Design Review application by the Planning Commission at a future date (Condition of Approval No. 9 & 26). A. General Plan and Zoning Consistency The project site is designated as Low Density Residential by the General Plan which allows single~family development at a maximum density of 2.0 to 6.0 dwelling units per acre. The site is 6.64 acres and proposes 11 dwelling units which is a density of 1.6 dwelling units per acre. B. Development Standards: 1. Lot Size and Density Consistent with Zoning requirements, existing development in the surrounding area have been concentrated in the more developable areas with large areas of contiguous open space being provided through preservation of natural areas or by the creation of manufactured slopes that have been vegetated. As a result, the existing residential development in the area has been developed at less than the maximum density required by the Low Density Land Use designation of the General Plan (2.0 to 6.0 dwelling units per acre). In addition, lot sizes are larger than required by the Low Density Zoning classification (7,200 square feet) or as required by the Planned Development 19-153, Summit Ranch Planned Unit Development, (4.8 dwelling units per acre with a minimum lot size of 4,500 square feet), located on the north side of Carbon Canyon Road. This is primarily because much of the open space or manufactured slope areas are included within the lot area owned by the individual property owner. 4/178 544/658 Meeting Date: July 12, 2011 Page:5 SUBJECT: TENTATIVE TRACT MAP 16959 C. Biological Resources 1. Riparian Area Based on the Biological Assessment prepared for the project by Pacific Southwest Biological Services, Inc. in May 2009 and with concurrence from the City's Biological Consultant (PCR Services Corporation), construction of an access road through the site would impact approximately 0.17 acre of Southern Coast Live Oak Riparian Forest habitat. This habitat qualifies as U.S. Army Corps of Engineers Non-wetland Waters of the U.S. and California Department of Fish and Game jurisdictional wetlands. Permits for impacts to this habitat must be required from these agencies as well as from the California Regional Water Quality Control Board. Mitigation Measure BIO-1 contained in the Initial Study/Mitigated Negative Declaration prepared for the project, is recommended to mitigate impacts to a less than significant level: BIO-1: Prior to the issuance of a grading permit, the project proponent shall provide evidence that permits have been obtained from the U.S. Army Corps of Engineers (USAGE), the California Department of Fish and Game (CDFG), and the Santa Ana Regional Water Quality Control Board (SARWQCB) as required. The USAGE and the CDFG permits shall contain verification to the City that the loss of Southern Live Oak Riparian Forest has been mitigated through acquisition of off~site credits at a maximum ratio of 3:1 in a mitigation area for similar vegetation established by the City, if available, or at another mitigation area acceptable to the City and the USAGE and CDFG. The ratio may be reduced to no less than 1 :1 if approved by the USAGE and/or the CDFG. 2. Tree Preservation In order to develop the Project, a number of trees will have to be removed. This is necessary to accommodate the road, utilities, site grading, and the construction of building pads. In order to address the removal of trees, the Applicant submitted an arborist report, Evaluation of Proposed Construction Adjacent to Native and Exotic Trees April 2008, prepared by Cy Carlberg. The report was reviewed and approved by the City's Landscape Architect consultant (Architerra Design Group). The report provided an inventory of trees as shown in Table 1 and Exhibit B. Based on the General Plan policies and Development Code requirements, the following types of trees are present on the site which are subject to preservation: • Native Trees with a drunk diameter of four (4) inches or greater; • Oak trees; • Oak woodlands; • Trees in Riparian areas; • Eucalyptus (including windrows); • Mature specimen trees; and • Trees which function as an important part of a neighborhood's character. 5/178 545/658 Meeting Date: July 12, 2011 Page:6 SUBJECT: TENTATIVE TRACT MAP 16959 Coast Live Native 148 Oak White Native 2 Alder California Native 29 Black Walnut To on Native 5 Sub Total 184 Native Trees Eucal tus General Plan 80 Various General 101 T es Plan 1 Total 365 Source: Cy Carlberg, Arborist 27 2 5 0 34 50 88 172 (1) Mature specimen trees and trees that are part of the neighborhood's character. 121 0 24 5 150 30 13 193 The following sets forth the regulatory framework in order to evaluate the impacts to trees. • General Plan Policy 1-7: For all future developments, require preservation of 80% of all Native Trees with trunks of four (4) inches in diameter. Analysis: As shown in Table 1, there are a total of 184 Native Trees on the project site. A total of 34 of these are proposed to be removed. General Plan Policy 1-7 requires that 80% of the Native Trees are to be preserved (147 trees). The project is preserving 150 Native Trees which meets the requirements of General Plan Policy 1 ~ 7. • General Plan Conservation Element, Section B. Goalsr Conservation, Public Services and Facilities Issues: The Natural Setting: Emphasis on integrating existing oak, eucalyptus, and other tree groupings into new development. Analysis: With the exception of eucalyptus trees (62% are proposed to be removed), the project is integrating existing oak trees and other tree groupings into the site by designating Lots ''.A" and ,rB" as Open Space lots and preserving trees in those areas. The removal of the eucalyptus trees is considered a potentially significant impact and requires mitigation. 6/178 546/658 Meeting Date: July 12, 2011 Page:7 SUBJECT: TENTATIVE TRACT MAP 16959 • General Plan Policy 2-2: Preserve eucalyptus windrows, oak woodlands, riparian areas, freshwater marshes, and open water bodies as identified on the Biotic Communities Map in the Chino Hills Specific Plan Environmental Impact Report, or as may be modified by future site specific environmental studies. Analysis: With the exception of eucalyptus trees (62% are proposed to be removed), the project is preserving oak trees and other tree groupings into the site by designating Lots '~" and "B" as Open Space lots and preserving trees in those areas.( See Checklist Item !Vb, "Biological Resources "and Mitigation Measure 810-2 for additional analysis). However, the removal of the eucalyptus trees is considered a potentially significant impact and requires mitigation. • General Plan Policy 2-4: Trees which in the opinion of the City function as an important part of the City's or a neighborhood's character may not be removed without specific permission from the City, regardless of their location. Analysis: As shown in Table 1, there are 365 trees on the site which are subject to preservation policies of the General Plan and regulations in the Development Code. These trees are determined to be an important part of the character of the neighborhood. 172 trees are proposed to be removed (47%). Although there is no identified threshold for tree removal, a 47% reduction in the number of trees overall can be considered a significant impact because the intent of Policy 2~4 is to preserve as many trees as possible to maintain the character of the neighborhood. This impact requires mitigation. In order to mitigate the loss of trees, it will be necessary to either replace trees at an acceptable ratio or pay an in lieu cash equivalent for trees to be planted elsewhere in the City. The City d_oes not have a formally adopted tree replacement ratio. However the California Environmental Quality Act (CEQA) describes "mitigation" in part as "compensating for the impact by replacing or providing substitute resources or environments". There is no specified ratio in the CEQA Guidelines. The City's consulting arborist, Architerra Design Group, has recommended the replacement ratios as shown on Table 2 for the project. These ratios are based on common practice and similar ratios used by other jurisdictions in the region, and is included in the Initial Study/Mitigated Negative Declaration prepared for the project. Table 2. Tree Re lacement/Miti ation Ratio Chart 3 "to 6" $17,500 6" to 12" $24,000 12" to 18" $23,400 18" to 24" $18,000 7/178 547/658 Meeting Date: July 12, 2011 Page:8 SUBJECT: TENTATIVE TRACT MAP 16959 24" to 30" 7 30''to 36" 3 36" to 42" 0 42" and above 0 Source; Architerra Design Group 2 48'box 14 $14,400 4 48" box 12 $4,800 6 48' box 0 0 City 0 0 discretion with a minimum of 8 48" box * The cash In lieu amount in Table 2 is based on present industry standard as of the writing of this report. The actual in lieu amount will be based on the formula in the ordinance or resolution authorizing the tree planting or tree replacement program. Based on the above analysis and Mitigation Measure BIO-4 below, trees will be preserved on-site and those that will be lost will be replaced or compensated for consistent with the General Plan and CEQA. B10-4: The applicant shall plant 251 replacement trees (or more for native trees as determined by 810-1 and 810-2) within the boundaries of TTM 16959 as shown in Table 6 of the Initial Study for TTM 16959 or plant trees off-site within a location as determined by the Community Development Director and Community Services Director or their designee, or pay cash in lieu in an amount to the City to provide for the planting of trees in City parks or City owned open space. The cash in lieu amount shall be based on an industry standard used by City's Landscape Architect. The Community Development Director and Community Services Director or their designee may accept a combination of replacement trees and cash in lieu to satisfy this mitigation measure. 3, Fuel Modification Zone The Project is located within the Fire Hazard Overlay District and is therefore required to provide a fuel modification area for the purpose of fire protection. The fuel modification area shall be no less than one hundred (100') feet in width as measured from the development perimeter. The Project's fuel modification zone is located within Open Space lots "A" and "8" of the project site, which includes the California Department of Fish and Game's (CDFG) jurisdictional wetlands. CDFG therefore requested a fuel modification zone plan be provided for review to assess its potential impacts to biological resources. The Applicant provided a conceptual fuel modification zone plan which was reviewed by the City's biological consultant, PCR and the Chino Valley Independent Fire District. The fuel modification zone plan detailed existing and proposed vegetation within the fuel modification areas. As designed, the project avoids the removal of over 91 percent of the trees on site. That is, over 91 percent of the trees on site are outside the grading footprint for the Project. However, virtually all of these trees are within the Project's fuel modification zones B-lrrigated Zone or C-Native Brush Thinning Zone, as shown on the conceptual fuel modification zone plan and could be affected by fuel modification activities. A detailed fuel modification plan including tree 8/178 548/658 Meeting Date: July 12, 2011 Page: 9 SUBJECT: TENTATIVE TRACT MAP 16959 thinning and pruning cannot be determined until Design Review plans are submitted for the Project. Tree thinning and pruning requirements will depend on the architecture, building materials, proposed landscaping, and other factors related to the residential development of the Project. Mitigation Measure B10~2 is recommended to mitigate impacts to less than significant: 810-2: Prior to the issuance of grading permits, a certified arborist with an expertise in native trees (particularly oaks) shall be consulted to work with the Chino Valley Independent Fire District to determine the minimum amount of native trees required to be removed to accommodate fuel modification requirements. Within Zone B, a general guideline should be to direct irrigation away from native trees to the extent practicable and to use of fire resistant/drought tolerant landscape vegetation that does not require intensive watering should be used under the dripline of native trees. In addition, irrigation systems should be carefully adjusted to avoid surface runoff onto and into the soil beneath native trees. Within Zones B and C, the prescribed removal or pruning of regulated native trees for fuel reduction should be mitigated in the same manner as those trees to be removed for grading. That is, at a maximum ratio of 3:1 through either on or off-site plantings of the purchase of off-site credits. The ratio may be reduced to no less than 1 :1 or as otherwise agreed to by CDFG and the City. D. Site Access Access to the site will be provided by a private street that will connect to Pinnacle Road. The City Engineer has determined that the proposed access meets City requirements. E. Infrastructure and Utilities The project will connect to existing utilities, such as water, sewer, storm drains, electricity, gas, telephone, and cable TV in the area. No lengthy infrastructure or utility extensions are required as those facilities are near or adjacent to the project site. In order to accommodate off-site storm drain flows as a result of developing the site, an on-site detention basin is proposed within Open Space Lot "A". This will ensure that off- site flows do not increase above existing levels and prevent water runoff from impacting nearby and adjacent properties. F. Neighborhood Concerns In November 2005, staff provided residents in the area with a notice that an application had been submitted for the project. In advance of the October 20, 2009 Planning Commission hearing on the project, Public Hearing Notices were mailed to property owners within a 300~foot radius of the project site on September 17, 2009, and was also published in the Chino Champion on September 19, 2009. Comments on the 9/178 549/658 Meeting Date: July 12, 2011 Page: 10 SUBJECT: TENTATIVE TRACT MAP 16959 project received from neighboring properties in response to the notices raised the following areas of concern: • Lot sizes are too small in comparison to the surrounding area. e Water runoff from the project onto Brandon Circle. e · Impacts to the slope and drainage facilities for Carriage Hills. e Access to the slope and drainage facilities for Carriage Hills. • Increased traffic Each of the above issues will be discussed below: 1. Lot Sizes are too Small in Comparison to the Surrounding Area. A "study area" for purposes of the analysis is located on both sides of Carbon Canyon Road, generally between 500 feet east of Fairway Drive to Feldspar Drive (See Exhibit B). This area sets forth an appropriate land use planning context for analysis because it is in the same geographical and topographic area as the proposed Project and has been developed through residential tentative tract maps based on the same General Plan Land Use Policies that are applicable to the proposed Project. Development in the study area is further described as follows: o "Summit Ranch Planned Development 19-153-Southern Portion": This area is located on the north side of Carbon Canyon Road with primary access off Feldspar Drive on the east and Azurite Drive further to the west. The northernmost limits of this area are Dolomite Drive and the northern loop of Turquoise Circle. Summit Ranch Planned Development- Southern Portion has a General Plan Land Use Designation of Low Density Residential (2.0 to 6.0 dwelling units per acre) and Agriculture/Ranches. Summit Ranch Planned Development-Southern Portion allows smaller lots to be clustered to preserve open space areas. The density in Phase 4 is 4.8 dwelling units per acre with a·minimum lot size of 4,500 square feet. · The average lot size is 6,598 square feet. The individual lots do not include the open space areas but much of the residential development abuts open space areas. Development is concentrated in more developable areas with large contiguous areas left as open space which is consistent with the visual character of the area. e "Fetlock Lane": This area is located west of the proposed Project with primary access off Fetlock Lane and Carriage Hills Lane. Fetlock Lane has a General Plan Land Use Designation of Low Density Residential (2.0 to 6.0 dwelling units per acre) and a Zoning Classification of R-S (7,200 square foot minimum lot size). This area has lot sizes that range from 14,392 square feet to 451343 square feet, with an average lot size of 16,843 square feet. There are no commonly owned open space lots and the open space areas are contained in the lot area of each individual lot and maintained by a homeowners association. A portion of the rear yards 10/178 550/658 Meeting Date: July 12, 2011 Page: 11 SUBJECT: TENTATIVE TRACT MAP 16959 for some of the homes located on Fetlock Lane contain 2: 1 slopes in excess of 30 feet in height with the toes of the slopes adjacent to Carriage Hills Lane or Carbon Canyon Road. Development is concentrated in more developable areas with large contiguous areas left in open space which is consistent with the visual character of the area. e "Brandon Circle": This area is adjacent to the east property line of the proposed Project. Its primary access is off Old Carbon Canyon Road. · · Brandon Circle has a General Plan Land Use Designation of Low Density Residential (2.0 to 6.0 dwelling units per acre) and a Zoning classification of R-S (7,200 square foot minimum lot size). This area has lot sizes that range from 19 1989 square feet to 55,836 square feet. The average lot size is 31,556 square feet. There are no commonly owned open space lots and the open space areas are contained in the lot area of each individual lot. A portion of the rear lots is located in riparian areas or heavily vegetafed open space areas. Development is concentrated in more developable areas with large contiguous areas left in open space which is consistent with the visual character of the area. • "Carriage Hills as Accessed from Promontory Road and Pinnacle Road": This portion of the Carriage Hills area is located southwest of the proposed Project. Its primary access is off of Pinnacle Road and Promontory Road. This area has a General Plan Land Use Designation of Low Density Residential (2.0 to 6.0 dwelling units per acre) and Public Open Space for the open space area located in the western portion of the area. The Zoning classification is R-8 (7,200 square foot minimum lot size) for the residentially developed areas and Open Space for the open space area located in the western portion of the area. This area has lot sizes that range from 13,874 square feet to 191,382 square feet. The average lot size is 32,301 square feet. In order to accommodate development in the area manufactured slopes were created. These slope areas are typically 2:1 slopes in excess of 30 feet in height and are located in a portion of the rear yards of individually owned lots, but are maintained by a homeowners association. Development is concentrated in more developable areas with large contiguous areas left in open space which is consistent with the visual character of the area. As stated earlier, consistent with the General Plan and Zoning requirements, development in the surrounding area have been concentrated in the more developable areas with large areas of contiguous open space provided through preservation of natural areas, or by the creation of manufactured slopes that have been vegetated. These undevelopable areas (i.e. open space, slope areas) have been included in the individual lot area for Fetlock Lane, Brandon Circle, and other areas of Carriage Hills (Promontory Road, Pinnacle Road, Ranch House Road, Starfall Lane, Oak Canyon Lane, and High Vista Lane). These undevelopable areas increase the overall lot size but are not functionally part of a lot that a homeowner could use. 11/178 551/658 Meeting Date: July 12, 2011 Page: 12 SUBJECT: TENTATIVE TRACT MAP 16959 In the case of Summit Ranch and the proposed Project, these undevelopable areas have not been included within the individual lots. In order to provide a "like kind" comparison, Table 3 shows the average lot size including the contiguous undevelopable areas (f.e. open space, slope areas). Summit Ranch 6,598 4,642 to 14,466 491,088 14,039 Fetlock Lane 16,843 14,392 to 45,343 None 16,843 Brandon Circle 31,556 19,989 to 45,689 None 32,442 Carria e Hills 32,301 13,874 to 191,382 None 25,888 TTM 16959 11,904 8,452 to 16,726 127,675 19,894 The Pro·ect As shown in Table 3, when including the undevelopable areas in the lots sizes for the Project, the "relative" average lot size is similar to the surrounding area. In addition, the following sets forth the General Plan regulatory framework as it applies to evaluating the project's compatibility with the surrounding neighborhood. General Plan Land Use Element Section B. Land Use Issues: Rural Character • Preservation of the sense of openness and community important to the residents. Analysis: Open Space Lots ''.A'1 and "B" located on the north and east portion of the site are 2. 93 acres in size and represent 44% of the total area of the 6. 64 acre site. The size of the open space lots provides "a sense of openness11 to the site. Open Space Lot 1'.A" is approximately 160 feet wide and provides a natural buffer between the homes on Brandon Circle and the proposed project. In addition, the residential lots located on the south portion of the site (Lots 1-6) are adjacent to Old Carbon Canyon Road (which serves as a maintenance road for the Carriage Hills development) and a slope area for the lots located on Ranch House Road. This area is more than 300 feet from the lots on Ranch House Road (Lots 17-28 on Exhibit 1). All of the above factors help to preserve the sense of openness required by the City's General Plan. • Strong identity at the City and neighborhood level. Analysis: Open Space Lots ''.A' and 118'1 will preserve the riparian area adjacent to Pinnacle Road and many of the trees on the northern portion of the project site. Therefore, the project will not detract from the 12/178 552/658 Meeting Date: July 12, 2011 Page: 13 SUBJECT: TENTATIVE TRACT MAP 16959 neighborhood identity which is characterized by open spaces interspersed throughout the developed areas. General Plan Land Use Element Section E. Goals, Objectives, and Policies: o Major Goal 1: Preserve Rural Character Analysis: The Project would preserve the rural character of the area because of Open Space Lots ''.A" and "ff' located on the northern and eastern portion of the project site are 2.93 acres in size and represent 44% of the total area of the 6. 64 acre site. In addition, the residential Jots located on the south portion of the site (Lots 1-6) are adjacent to Old Carbon Canyon Road (which serves as a maintenance road for the Carriage Hills development) and a slope area for the lots located on Ranch House Road. All of the above factors help to preserve the rural character of the area as required by the City's General Plan. • Policy 1-12: Ensure that new development conforms to the unique natural setting of each area and site, retaining the character of existing landforms and preserving significant native vegetation. Analysis: The Project conforms to the unique natural setting of area because the project site is on a flat parcel of land and no major grading is required to accommodate building pads and the street. Open Space Lots "A" and "B" located on the north and east portion of the project preserve a natural riparian area and trees. Open Space Lot 11A', is approximately 160 feet wide and provides a natural buffer to the homes on Brandon Circle (Lots 32-35 on Exhibit 1). The lots located on the south portion of the project are adjacent to Old Carbon Canyon Road (which seNes as a maintenance road for the Carriage Hills development) and a slope area for the lots located on Ranch House Road. This area is more than 300 feet from the lots on Ranch House Road (Lots 17-28 on Exhibit 1). In addition, the Jots on Ranch House Road have building pads similar to the proposed project because much of the lots area is within a maintained slope area that is not usable. All of the above factors help to retain the existing landforms and native vegetation as required by the City's General Plan. In conclusion, the Project is compatible with the surrounding neighborhood for the following reasons: o The lots have been concentrated in the more developable areas of the site with large contiguous areas left in open space. The overall project site is 6.64 acres and 44% of the site is left as open space. • The building pads (i.e. the area of the lot designed for buildings and structures) are similar to other lots in the area when taking into account that the Project's lot sizes do not include the areas used for open space or 13/178 553/658 Meeting Date: July 12, 2011 Page: 14 SUBJECT: TENTATIVE TRACT MAP 16959 slopes. However, they benefit from being adjacent to these open spaces and slopes and resemble the visual character of other lots in the surrounding area that are similarly situated adjacent to open spaces or slope areas. • The Project site is approximately 602 feet west of Carbon Canyon Road (SR 142), which is classified as an "Eligible State Scenic Highway-Not Officially Designated" by Caltrans. Because of the inteivening topography, vegetation, and structures the site is not highly visible from Carbon Canyon Road. 2. Water Runoff from the Project onto Brandon Circle. Development of the Project site will create impeivious surfaces and increase the amount of surface runoff. Based on an analysis by City staff using Gilbert Engineering Hydrology, the property to the north drains to the east and does not contribute runoff to the site. The property to the east is lower than the site and does contribute runoff to the site. The properties to the west and south are part of Tract No. 10379-1 and runoff from these properties are collected in concrete V-ditches and are directed along Old Carbon Canyon Road, which crosses the site in a concrete swale. The off-site runoff from Tract No. 10379-1 is contained within the area identified as "Open Space Lot B" on the site. Upon completion of the Project, the off-site drainage flow will increase above existing conditions. In order to maintain the existing conditions, a 4,000 square foot detention basin is proposed to be located in the area identified as "Open Space Lot sn. This will ensure that off-site drainage flows do not increase above existing conditions and that drainage patterns are not altered. 3. Impacts to the Slope and Drainage Facilities for Carriage Hills. The existing concrete V-Ditch which is located at the toe of the slope adjacent to Old Carbon Canyon Road will remain and not be impacted by the project. In addition, the slope area adjacent to Old Carbon Canyon Road will not be impacted by the project. These slope areas are located approximately 60 to 160 feet from the proposed rear 1.ot lines of the project. 4, Access to the Slope and Drainage Facilities for Carriage Hills. The project is not using Old Carbon Canyon Road for access. Access to the project will be from a new road which will have access off Pinnacle Road. Carbon Canyon Road can continue to be used as an access road for the slope area east of Ranch House Road within the Carriage Hills development. 5. Increased Traffic Based on the Institute of Traffic Engineers {!TE) Trip Rates, ih Edition, the Project is projected to produce eight (8) trips in the AM peak hour and ten (10) trips in the PM 14/178 554/658 Meeting Date: July 12, 2011 Page: 15 SUBJECT: TENTATIVE TRACT MAP 16959 peak hour. The total Average Daily Trips is projected to be 99. The "Traffic Study Guidelines" adopted by the City Council require a traffic study if a proposed project is forecast to 50 or more trips in the AM or PM peak hour and the project is within three- hundred (300) feet of the intersection of a "Secondary Highway" or higher classified street. As noted above, the Project is forecast create only eight (8) trips in the AM peak hour and ten (10) trips in the PM peak hour, which is well below the fifty (50) trips threshold for requiring a traffic study and is indicative of the low volume of traffic the Project will generate. The Project site is also not located with three-hundred (300) feet of the intersection of a "Secondary Highway". The City considers a significant traffic impact to occur if a roadway or intersection that is projected to operate at Level of Service (LOS) D or better without the Project would exceed LOS D with the Project. Significant traffic impacts 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. Based on the low number of vehicle trips generated by the Project, impacts to LOS or V/C are not forecasted to occur. ENVIRONMENTAL ASSESSMENT: An environmental review has been completed for the project pursuant to the California Environmental Quality Act (CEQA) Guidelines and the City of Chino Hills Local Procedures for Implementing CEQA and is recommended for approval. The results of the Initial Study prepared for the project show that there are potentially significant impacts to Biological Resources, specifically to 0.17 acres of riparian habitat (Southern Live Oak Riparian Forest), a sensitive plant species (California Black Walnut), removal of native trees, to nesting migratory birds and to Cultural Resources (Archaeological and Paleontological). These impacts will be reduced to less than significant after incorporation of mitigation measures. Impacts to other environmental factors: Aesthetics, Agricultural Resources, Air Quality, Geology and Soils, Hydrology and Water Quality, Hazards and Hazardous Materials, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation and Traffic, and Utilities and Service Systems are considered as having a less than significant or no impact on the environment. In some cases, even though impacts are considered less than significant, mitigation measures are recommended to reduce impacts to the maximum extent feasible. A previous lnltial Study/Mitigated Negative Declaration was prepared for this project and made available for public review from September 17, 2009 through October 16, 2009. In response to the previous Initial Study/Mitigated Negative Declaration, comments were received from the California Department of Fish and Game expressing concerns regarding the project's fuel modification zone and impacts to biological resources. To address the concerns regarding potential impacts to biological resources, the City requested a fuel modification zone plan. This Revised and Recirculated Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program revises the discussion of the potential impact to biological resources associated with the project. The primary changes addressed in this Revised and Recirculated Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program include: 15/178 555/658 Meeting Date: July 12, 2011 Page: 16 SUBJECT: TENTATIVE TRACT MAP 16959 111 The revision to the discussion of the potential impacts to biological resources based on the information provided in the fuel modification zone plan. 11 The addition of a mitigation measure (B10-2) to reduce a potentially significant impact to biological resources to a less than significant level. This Revised and Recirculated Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program has been prepared consistent with Section 15073.5 of the CEQA Guidelines. It revises the Biological Resources section to clearly identify the potential environmental impacts of the project and adds a mitigation measure to reduce a potential impact to a less than significant level. The Revised and Recirculated Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program was published and made available for public review on June 11 i 2011. The comment period ended on July 11, 2011. In addition to the Public Hearing Notices mentioned above, staff sent the Notice of Intent to Adopt a Mitigated Negative Declaration directly to various public agencies, including utility agencies and Caltrans, as these agencies might have comments or concerns regarding the project. As of the writing of this report, Staff received comment letters from Caltrans and the Soboba Band of Luiseno Indians. Caltrans stated that based on the Initial Study/MND, the Project does not appear to have a direct impact to the State Highway System but would like to be notified if the Project is revised or modified. The Soboba Band of Luiseno Indians requests a consultation with the Project Developer/Land Owner and the tribe and that Native American Monitor(s) from the Soboba Band of Luiseno Indians Cultural Resource Department be present during any ground disturbing proceedings. However, the Project does not include a request for a general plan or specific plan action, therefore, no formal SB 18 consultation is required. Also, a mitigation measure is included which requires monitoring by a qualified archaeologist (approved by the City) during all earthmoving, grading, grubbing, trenching or other earth-disturbing activities on the project site. Responses to the letters are attached as Exhibit D. Based on the Revised and Recirculated Initial Study, a Mitigated Negative Declaration and Mitigation Monitoring Plan is being r~commend.ed for adoption. PUBLIC COMMENTS Notices of the public hearing regarding this project were mailed to property owners within a 300-foot radius of the project site on June 23, 2011, and was also published in the Chino Hills Champion on June 11 i 2011. Staff has not received any comment letters as of the writing of this report. REVIEW BY OTHERS: This item was reviewed by the City Attorney and the City Engineer. 16/178 556/658 Meeting Date: July 12, 2011 Page: 17 SUBJECT: TENTATIVE TRACT MAP 16959 Respectfully submitted, ~~ City Manager · Attachments: Resolution Conditions of Approval Exhibit A-Project Plans Recommended by: ;;;1q&J~«fo Joann Lombardo Community Development Director Exhibit B -Surrounding Area Study Exhibit C -Revised and Recirculated Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program Exhibit D -Responses to comment letters Affidavit of Mailing Public Notice Mailing List 17/178 557/658 CITY OF CHINO HILLS Conditions of Approval Tentative Tract Map No. TTM 16959 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL/ONGOING: 1. Tentative Tract Map No. 16959 shall become null and void: A. Unless map recordation has taken place within thirty-six (36) months after approval of said Tentative Tract Map. B. Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitation established in this section, the Planning Commission may grant an extension of time for a period not to exceed an additional sixty (60) months. Applications for such extension of time must set forth in writing the reasons for this extension and shall be filed together with a fee as established by the City Council with the Planning Division thirty (30) calendar days before the expiration of the Map. The applicant will be responsible for initiating any extension request. 2. The applicant and its successors in interest shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and 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, in~luding 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. July 12, 2011 558/658 4. The development of the project shall be in substantial compliance with the Tentative Tract Map, Conceptual Grading Plan, and Wall Plan as approved by the City Council on July 12, 2011. Any modifications to the plans approved by the City Council on July 12, 2011 may require subsequent review and approval by the Planning Commission as determined by the Community Development Director. 5. The development of the project shall comply with the Mitigation Monitoring Program (MMP) attached and incorporated by reference as adopted by the City Council on July 12, 2011. The applicant is responsible to bear all costs should a consultant be required to manage and implement the MMP. 6. The applicant shall comply with the Chino Valley Independent Fire District's Conditions of Approval for Permit# 7552, dated May 28, 2009 and Permit #14144, dated August 10, 2010 attached hereto. 7. The maximum total number of dwelling units which will have access to the cul- de-sac is 15 per Section 16.06.160.4.b.i of the Chino Hills Municipal Code. In the case of this project, the maximum shall not exceed 11, which is the number of dwelling units proposed. 8. All Open Space lots shall be dedicated in fee to the Home Owners Association and be maintained by the Home Owners Association. 9. A Design Review application shall be required for the future development of single-family homes within Tentative Tract Map No. 16959. All development shall conform to the Chino Hills Development Code standards and the Mitigation and Monitoring Program as approved on July 12, 2011. 10. Noise emanating from the project shall not exceed the noise standards as listed in Chapter 16.48 of the City's Development Code. See Mitigation Measure N-1, N-2, and N-3 for further clarification. 11. 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. 12. 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 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; July 12, 2011 559/658 D. The noisiest operations shall be arranged to occur together in the construction program to avoid continuing periods of greater annoyance. 13. A Notice of Determination (NOD) for this project shall be filed with the State Clearinghouse and the Clerk of the Board of Supervisors within five (5) days of the projects approval pursuant to the California Environmental Quality Act Section 15094(a). The cost of filing of the NOD is $50.00, plus $2,044.00 which is the filing fee for the California Department of Fish and Game pursuant to Section 711.4 of the Fish and Game Code. The applicant/owner/developer shall submit to the Community Development Department a check or money order in the amount of $2,094.00 ($50.00 + $2,044.00), payable to the Clerk of the Board of Supervisors, within 3 days of project approval. The Community Development Department shall then file the Notice of Determination along with the Certificate of Fee Exemption. 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. 14. The "No Touch" zone shall be established to preserve the existing trees as required by 810-4 in the Mitigation Monitoring Program for the project. The "No Touch" zone would allow the trees to be trimmed for regular maintenance but nor for removal of the trees. Regular maintenance shall include minor pruning of branches less than one (1) in diameter, the removal of dead or diseased branches, and other arborist directed maintenance. All other maintenance shall require City's approval. 15. Colors/materials for the block walls and retaining walls for the overall subdivision, including any future walls and retaining walls for the individual shall blend with the natural landscape and be earth tone in color as approved by the City Council on July 12, 2011. All walls shall be provided with decorative cap. 16. 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. 17. Where available, all Homeowners Association landscape irrigation shall use reclaimed or recycled water. 18. The project shall comply with the City's Trust Deposit Account Procedures and Agreement. PRIOR TO RECORDATION OF FINAL MAP: 19. A Home Owners Association shall be formed to ensure the maintenance of the following improvements which are to be constructed within the project boundaries in perpetuity, including, but not limited to: A All open space areas. July 12, 2011 560/658 B. All project related landscape improvements, monuments, irrigation and related equipment related landscape improvements, monuments, irrigation and related equipment, which are to be constructed on any common lots or easements within the project area and/or which are to be constructed within any public right-of-way located within or adjacent to the project area; C. All the streets, which shall be private and shall have private street maintenance, street sweeping and street lights; D. The street light energy costs within the project. 20. Covenant, Conditions, and Restrictions (CC&Rs) shall be submitted to the Planning Division and the City Attorney for review and approval. The CC&Rs shall include, but not limited to minimum maintenance specifications for the Home Owners Association, the fuel modification areas, and the open space areas. The CC&Rs shall also include applicable items specified in these Conditions of Approval and the Mitigation Monitoring Program. 21. A Composite Development Plan shall be filed with, and approved by the City of Chino Hills Engineering Department and Community Development Department, delineating the minimum building setbacks of the R-S zone. All easements of record, both public and private, shall be delineated. A note shall be placed on the Composite Development Plan referencing the approved development standards of the R-S zone and Fire Hazard Overlay District. 22. All landscape areas, including lettered lots, manufactured slopes, and homeowner yards shall be bonded. PRIOR TO ISSUANCE OF GRADING PERMIT: 23. Prior to the issuance of grading permits, a vector survey of the site shall be conducted by the West Valley 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 Vector Control District in order to reduce impacts to surrounding residences. 24. Retaining walls that are required as part of rough grading must be approved by the City prior to the issuance of grading permit. The developer shall submit the retaining wall and rough grading plans to the City prior to the issuance of grading. 25. Construction fencing, including tree protection fencing must be constructed and inspected by the City's landscape architect and/or building inspector as outlined in the Mitigation Monitoring Program for the Initial Study/Mitigated Negative Declaration for the project. July 12, 2011 561/658 PRIOR TO ISSUANCE OF BUILDING PERMIT: 26. The developer shall obtain Design Review approval by the Planning Commission prior to the submittal of construction plans. 27. 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. 28. The Park and Recreation Facilities Fees (PRFF) shall be paid to the City in an adjusted amount per dwelling unit. Credit against the PRFF may be claimed as set forth in Ordinance No. 109, Section 21, and as amended by Ordinance No. 127, subject to the restrictions and limitations set forth therein. For the purposes of this project, credits shall be limited to improvements only as outlined in the Ordinance. PRIOR TO OCCUPANCY: 29. Pursuant to Resolution No. 06R-16, the Applicant shall contribute $3,500 per dwelling unit towards the City's affordable housing program, which is due prior to the occupancy of each unit. BUILDING & SAFETY DIVISION 30. Two approved, signed and wet stamped as graded soils reports, shall be submitted at the time of plan check submittal. 31. Grading plans shall incorporate erosion and sediment control per the requirements of the Chino Hills Municipal Code and Appendix Chapter J of the California Building Code. 32. All lots should drain to the street. If any lots do not drain to streets, the cross-lot drainage shall be reviewed and approved by the Building Official under the provisions of Appendix Chapter J of the California Building Code and the City of Chino Hills Municipal Code. Adequate private drainage easements shall be provided over lots where cross-lot drainage occurs and shall be recorded on the Final Map . . 33. The developer shall submit plans and obtain separate building permits for required walls and fences prior to the issuance of grading permits. 34. All post-development drainage shall be conducted in non-erodible devises to an approved storm drain system or approved natural drainage course. July 12, 2011 562/658 35. Upon completion of rough grading, all erosion control measures and devices shall be installed at all perimeter openings and slopes. No sediment is to leave the job site. All newly graded surfaces not immediately involved in construction shall have an approved method of erosion protection in place at all times. No building permits shall be issued until compliance with the above requirements has been demonstrated. 45. A precise grade plan, per City standard, shall be submitted and approved for each lot prior to issuance of a building permit for that lot. 46. Certification of Rough Grade shall be submitted on approved City form. 47. 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. 48. All required approvals from each Division/Department shall be obtained prior to final Building Inspection. ENGINEERING DEPARTMENT GENERAL/ ONGOING: Grading 49. Any grading within the road right-of-way prior to the signing of the improvement plans shall be accomplished under the direction of a Soils Testing Engineer. Compaction tests of embankment construction, trench backfill, and all subgrades shall be performed at no cost to City of Chino Hills and a written report shall be submitted to the Engineering Division, prior to any placement of base material and/or paving. 50. Grading of the subject property shall be in accordance with California Building Code (CBC), City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved conceptual grading plan. 51. All cut and fill slopes shall: A Not exceed a ratio of 2 horizontal to 1 vertical unless otherwise recommended by the engineering geologist and approved by the City Engineer and Building Official. Minimum setbacks from slopes shall conform to the California Building Code. B. Be contour graded to blend with existing natural contours. C. Be part of the downhill lot when within or between individual lots. July 12, 2011 563/658 D. The toe and crest of all cut and fill slopes in excess of 5 feet vertical height, but not greater than 10 feet vertical height, shall be rounded with vertical curves. E. The toe and crest of any slope in excess of 10 feet vertical height shall be rounded with curves of radii of no less than 5 feet and designed in proportion to the total height of the slope. F. Comply with the slope undulation provisions of Chapter 16.50 of the Chino Hills Development Code. G. Incorporate recommendations in the approved geology and soils report. 52. 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. 53. Water spraying or other approved methods shall be used during grading operations to control fugitive dust. Recycled water shall be used for grading operations whenever available .. 54. In hillside areas, residential developments shall be graded and constructed consistent with the standards contained in the City of Chino Hills Development Code, Chapter 16.50. Dedications 55. A Final Map is required for the proposed division and shall be recorded with the County Recorder pursuant to the provisions of the Subdivision Map Act. This map must be prepared by a licensed land surveyor or a registered civil engineer. The Final Map shall be prepared in accordance with the City of Chino Hills "Final Map Standards for Subdivisions, Parcel Map and Tract Map", latest edition. This includes submittal of digitized CAD file of final map prior to map recordation. 56. An irrevocable offer of dedication for roadway and utility purposes shall be made for the private streets. 57. Private drainage easements for cross lot drainage shall be provided, if required and shall be delineated or noted on the final map. Street 58. All improvements within public right-of-way or private right-of-way shall be built to City Standards and in accordance with the current edition "Standard Specification for Public Works Construction" and the City of Chino Hills Development Code. All improvements shall be bonded in accordance with "Subdivision Map Act" prior to recordation of Final Map if the improvements are not finished prior to the recordation of the final map. All improvements shall bond for 100% of approved July 12, 2011 564/658 cost estimate to construct improvements and in accordance with the "Subdivision Agreement and Improvement Securities Policy" adopted by the City of Chino Hills unless constructed and approved prior to recordation of Final Map. Prior to Bond Release and/or Bond Reduction of the improvements and prior to acceptance of the improvements by the City, "As-Builts" for the improvements shall be submitted and approved by the City Engineer. 59. A thorough evaluation of any public street structural road section to include parkway improvements from a qualified soils engineer shall be submitted to the City Engineering Division for review during the construction of the public streets. This shall be submitted in a tabular form including street name, classification, and traffic index. 60. 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. 61. Concentrated drainage flows shall not cross sidewalks. Undersidewalk drains shall be installed per City Standards, except for single-family residential lots. 62. Developer shall provide for installation of low intensity, energy efficient street lights, per City of Chino Hill$ standards regarding light pole spacing and location. A street light plan which schematically shows the proposed locations of all street lights shall be submitted for review and approval by the City Engineer. All streetlights installed on private streets shall be maintained by the Homeowner's Association. 63. Roads within the development shall not be entered into the City Maintained Road System. Drainage 64. A final drainage study shall be submitted and approved by the City Engineer prior to the final map approval and / or the issuance of building permits, whichever occurs first. Study shall address drainage patterns, proposed drainage facilities, mitigation measures proposed for first flush and detention facilities, etc. 65. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 66. All post development drainage shall be conducted in non erodible devices to an approved storm drain system or approved natural drainage course covered by a private easement. July 12, 2011 565/658 Bonding 67. All improvements shall be bonded for 100% of approved cost estimate to construct improvements and in accordance with the "Subdivision Agreement and Improvement Securities Policy" adopted by the City of Chino Hills unless constructed and approved prior to recordation of Final Map. 68. If the required public improvements are completed prior to recordation of the final map, a one (1) year warranty bond shall be posted in the amount of 25% of the approved engineer's cost estimate for all improvements. 69. Prior to Bond Release and/or Bond Reduction of the improvements and prior to acceptance of the improvements by the City, "As-Builts" for the improvements shall be submitted and approved by the City Engineer. Utilities 70. 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. Sewer -Domestic Water -Recycled Water 71. 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. 72. Water/sewer mains and storm drains lines shall be owned and maintained by the City. 73. 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. 74. All fire hydrants shall be installed per City standards with location and fire flow requirements as determined by the Chino Valley Independent Fire District. 75. 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. July 12, 2011 566/658 76. A digitized drawing file of the improvement plans, in a City's compatible CAD system, shall be submitted along with original Mylars. PRIOR TO ISSUANCE OF GRADING PERMIT: 77. A 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 J of CBC and Chino Hills Development Code and shall delineate the alignment and grade of the proposed roads designed to City Standards. 78. 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). 79. 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. 80. An erosion and sediment control plan and permit complying with the CBC 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. 81. 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. 82. A grading performance bond shall be required for this project. The amount of the performance bond shall not be less than one hundred percent (100%) of the total estimated cost of said grading work as determined by the Engineering Department. The City Attorney must approve the performance bond. PRIOR TO RECORDATION OF FINAL MAP: 83. A Monumentation cash deposit is required prior to recordation of the final map. The City Engineer will determine this deposit. The refundable deposit is to guarantee the installation of centerline ties and to ensure payment to the surveyor of record. 84. The Tract Map shall be prepared in accordance with the City of Chino Hills "Final Map Standards for Subdivisions, Parcel Map and Tract Map", latest edition. This includes submittal of digitized CAD file of final map prior to map recordation. July 12, 2011 567/658 PRIOR TO ISSUANCE OF BUILDING PERMITS: 85. The final grading, appropriate certifications and compaction reports shall be completed, submitted and approved by the Engineering Department prior to the issuance of building permits. PRIOR TO OCCUPANCY: 86. 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. 87. Prior to Bond Release and/or Bond Reduction of the improvements and prior to acceptance of the improvements by the City, the developer shall provide for City approval "Record Drawing" for all improvements. 88. Developer shall provide certifications for all public and private backflow devices installed as part of the development. END OF SEQUENTIAL CONDITIONS Project Manager: Betty Donavanik July 12, 2011 568/658 August 10, 2010 Chino Valley Fire District 14011 City Center Drive Chino Hills, CA 91709 (90~) 902-5260 Admin~stra~on (909) 902-5280 Fire Prevention (909) 902-5250 Fax Chinovalleyfire.org Boanl of Directors JoJ,11 DeMonaco President James S. Espinosa Vice President Sarah Evinger Ed Gray Ray Marquez PL.ANNIN . FILE .,_ Fire Cltief Paul L. Benson FIRE PROTECTION REQUIREMENTS ' . It is a recommendation of the Chino Valley Fire District that the developer of every new construction project facilitate a pre- construction meeting. The meeting is to be scheduled with the Depucy Fire Marshal. Attendees of the meeting shall include a Fire District representative, the Developer, and the General Contractor. The following are the Fire District conditions of this development. Questions regarding plan review fees, plan routing procedures, or the sta_tus of your plans can be answered by calling Alma Nielsen at (909) 902-5280> extension 404. Questions regarding these requirements can be answered by calling Deputy Fire Marshal Danielle Barnes at (909) 902-5280, extension 401. · . '.. . Permit# 14144 Building Address: Section 9-1860 Project Name: FUEL MODlFICATION 16959 . OLD CARBON CANYON/ PINNACLE RD City#: County#: Tract#: Applicant: Address: City,State,Zip: Phone#: Design Engineer: Address: City ,State,Zip: Phone#: 16959 RICHARD MEAGLIA 688 W FOOTHILL BLVD MONROVIA, CA 91016 {626) 303-1920 · Applicable Fire Protection Standards are: The Required Fire Flow for this project is: Type of Development: G.P.M. @ 20 P.S.I. Residual Pressure, 2 . Hour Duration. Page 1 of 2 569/658 , .. August 10, 2010 Permit# 14144 FIRE DISTRICT CONDITIONS OF APPROVAL ,,, The above-referenced project is in the jurisdiction of the Chino Valley Independent Fire District. Prior to any construction occurring on any parcel, the applicant shall contact the Fire District for verification of current fire protection development requirements. o Any modification, change of use, or tenant improvement to any occupancy shall be submitted to the Fire Prevention Division for approval prior to any work being done. All new construction shall comply with the International Fire Code, 2006 Edition, and the California Fire Code, 2007 Edition (as adopted by the Chino Valley Independent Fire District); and all applicable statues, codes, ordinances and Fire District Standards. All required permits shall be obtained and fees paid as specified in the current Fire District Fee Schedule Ordinance. 0. 0 No Conditions for this Project. 4.0 SPECIAL CONDITIONS FOR THIS PROJECT ARE: THESE PLANS HAVE BEEN REVIEWED CONCEPTUALLY AS TO THE PROPOSED FUEL MODIFICATION REQUIREMENT SET FORTH BY LOCAL AND STATE LAWS. 1 ). Prior to implementation of this plan, a precise fuel modification plan shall be submitted to the Fire District for approval. A minimum of 3 sets of plans shall be submitted and approved prior to the issuance of the first building permit. This plan shall include the following: Da).Delineation of each fuel modification zone Db). Scale Dimensions De). Site Characterization Dd). Indication of Permanent Zone Marker Locations & Details De). Delineation of impacted existing vegetation, address in Zone C what will remain and spacing Of). Description of vegetation removal Og). Plant Palette for proposed and existing plants Oh). Designation of irrigated zones Di). Emergency & Maintenance Access Points Dj). Property lines Dk). Statement of maintenance responsibility Page2 of 2 ; 570/658 " ,., May 28, 2009 Chino Valley Fire District 14011 City Center Drive Chino Hills, CA 91709 (909) 902~5260 Administration (909) 902-5280 Fire Prevention (909) 902-5250 Fax chinovalleyfire. org FIRE PROTECTION REQUIREMENTS Board of Directors Ray Marquez President John DeMonaco Vice President James S. Espinosa Ed Gray TinaRevane Fire Chief · Paul L. Benson It is a recommendation of the Clrino Valley Fire District that the developer of every new construction project facilitate a pre- construction meeting. The meeting is to be schedule<;l with the Deputy Fire Marshal. Attendees of the meeting shall include a .. Fire District representative, the Developer, and the General Contractor. The following are the Fire District conditions of this development. Questions regarding plan review fees, plan routing procedures, or the status of your plans can be answered by calling Alma Nielsen at (909) 902-5280, extension 404. Questions regarding these requireme1;1ts can be answered by c!illing Deputy Fire Marshal Danielle Barnes at (909) 902-5280, extension 401. Permit# 7552 Buiiding Address: Section 3-1050 Project Name: 13 LOT SUBDIVISION City·#: County#: Tract#: Applicant: Address: City,State,Zip: Phone#: Design Engineer: Address: City, State,Zip: Phone#: 2294 CARBON CANYON RD. TTM 16959, 09MV02 1031-071-09 TTM 16959 RICHARD MEAGLIA 688 W. FOOTHILL BLVD. MONROVIA, CA 91016 (626) 303-1920 GILBERT ENGINEERING · 2028 EROUTH 66 STE 203 - GLENDORA, CA 917 40 (626) 852-1600 Applicable Fire Protection Standards are: 101,102,111,121,122,126,131,143 Type of Development: Residential The Required Fire Flow for this project is: 1000 G.P.M.@ 20 P.S.I. Residual Pressure, 2 Page 1 of 4 Hour Duration. 571/658 May 28, 2009 Permit# 7552 FIRE DISTRICT CONDITIONS OF APPROVAL The above-referenced project is in the jurisdiction of the Chi110 Valley Independent Fire District. Prior to any construction occurring on any parcel, the applicant shall contact the Fire District for verification of current fire protection development requirements. Any modification, change of use, or tenant jmprovement to any occupancy shall be submitted to the Fire Prevention Division for approval ptior to any work being done. All new construction shall comply with the Uniform Fire Code, 2000 Edition, and the California Fire Code, 2007 Edition (ns adopted by the Chino Valley Independent Fire District); and all applicable statues, codes, ordinances and Fire District Standards. All required pennits shall be obtamed and fees paid as specified in the Uniform Fire Code, Section 105 and the current Fire District Fee Schedule Ordinance. 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 Prevention Division for approval. Fire access roads shall be provided with an all weather surface and a minimum 1mobstructed paved width of 26 feet (261). 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 one-hundred, fifty feet (150') in length. Cul-de- sac length shall not exceed 600'. Fire District Standard No. 111 shall be complied with. 1.2 Access drives which cross property lines shall be provided with CC & R's, access easements or reciprocating agreements and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review. 1.4 Water systems shall be designed to meet the required fire flow of this development and be approved by the Fire Prevention Division. Buildings in excess of 100,000 square feet shall have a minimum 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 instaUing contractor for apptoval, along with the F:ire Flow Availability Form completed by the water purveyor prior to recordation. The required ;fire flow shall be detemu.ned by using the California Fire Code, current adopted edition. In areas without water-serving utilities, fire protection water systems shall be based on NFP AP ampblet 1231. Fire District Standard -Nos. 101; 102, and-103 shall be complied with. For water connections-and work conducted in the public right of way, please refer to separate plans reviewed and approved by the water purveyor. 1.6 Fire hydrants shall be six inch (6") diameter with a minimum one four mch (4") and one two and one-half inch (2-1/2") connections. The hydrant type shall be approved by the Fire Prevention Division. Allfue hydrants shall be spaced three hundred feet (300 1 ) apart maximum. Single family resident hydrant spacing is six hundred feet ( 6001 ) apart maximum. 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. Page2 of 4 572/658 Mav 28. 2009 Permit: 7552 1. 7 This development shall comply with the Fire Safety Review Overlay Requirements. This development is located in Fire Review Area 1. 1. 8 A fuel modification zone plan shall be required. Requirements wlll be site specific to the proposed project. The applicant shall submit the foel modification plan to the fire department for review and approval. Fire District Standard No. 130 shall be complied with. 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 Prevehtion Division prior to combustibles being brought onto the site. 2.2 Approved street signs 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. 2.4 An approved fuel modification zone shall be constructed. Fire District Standard No. 130 shall be complied with. 2.5 All flannna ble vegetation shall be removed from each building site for a minimum distance of thlrty feet (30 1) from any flammable building material including all structures. 2.7 The Developer shall submit, as an eiectronic file, a drawing of the new streets in .dwg fonnat to the Fire District with the building construction plans. Format must contain and be restricted to the following layers: A. Right of way; B. Parcel L~es; C. Street Names; D. Address numbers; E. Fire Hydrants 3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPJ.,ETED PRIOR TO OCCUPANCY: 3.2 A residential "life safety" frre sprinkler system is required. The developer shall submit three (3) sets of detailed plans and hydraulic calculations to the Fire Prevention Division for approval. Minimum water supply sha11 be a one inch (1 11 ) meter. The system sha11 be installed, tested and approved prior to occupancy. The system shall meet the standards ofNFPA BR or 13D and F:ire District Standard No.126. Dwellings in excess of 5,000 square feet shall provide calculations of the (4) four most remote sprinkler heads. 3.10 Smoke detectors are required to be installed per Section 310 of the California Building Code, current adopted edition. Locations shall be approved by the Fire Prevention Division. 3.11 "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. Page3 of 4 573/658 Mav28. 2009 Permit: 7552 3.16 Residential street addresses shall be posted with a minimum of four inch (4") numbers, shall be electrically illuminated (by 12-volt power source only) by internal means during the hours of darkness. Posted numbers shall contrast with the background used and be legible from the street in accordance with the California Fire Code, current adopted edition. Where building is set back more than 100 feet from the roadway, additional non-illuminated four inch ( 411) numbers shall be displayed at the properly access entrance. These numbers shall also contrast with the background used. Please refer to Fire District Standard No. 122. 4.0 SPECIAL CONDITIONS FOR TIDS PROJECT ARE: 1.) Prior to construction and concurrent with the application to the City's Building Department for any building permits, three sets of plans shall be submitted for each single family dwelling SEPARATELY to the Fire District for review, approval and permit. Approved plans must be maintained at the worksite during construction. Fees are due at the time of submittal. The following information must be submitted along with application to the Fire District: a.) Fire flow Availability Form (tested and completed by the City's Public Works Dept.) 2). Prior to the issuance of the first building permit a CAD file in .dwg format shall be submitted. The CAD shall indicate the street and access casements to the fuel modification area, as well as the location of the fire hydrants. 3,) Three sets of plans shall be submitted for review, approval and permit for the foDowing items, to the Chino Valley Fire District prior to any work being done. Approved plans shall be maintained on site. Fees are due at the time of submittal Permits include: a.) Fire sprinkler sytems 3). Three sets of plans shall be submitted for review, approval and permit for the required fuel modificaion area. The fuel modification plan shall be developed and installed according to the approved plans prior to the issuance of the first Cerificate of Occupancy for any residence that would be adjacent to said fuel modification area. NOTE: The fire flow has been reduced to the minimum required based on an automatic sprinkler system being installed in the residence. The requirement for the sprinkler systems is a mitigating factor to allow less then 30 foot seperations between structures. Where Conditions of Approval refer to UFC or applicable standards, this requirement shall then defer to the current edition and chapter of the CFC. Page4 of 4 574/658 Errata Sheet Amendment to Tentative Tract Map No. 16959 Mitigated Negative Declaration Mitigation Monitoring Program Mitigation Measures: 1. Revise 810-2 to read: Prior to the issuance of building permits, an expert in the management of native trees (particularly oaks) shall be consulted to work with the fuel modification planner to determine how many additional native trees are to be removed or will be in jeopardy of degradation. Within Zone B, a general guideline should be to direct irrigation away from native trees to the extent practicable and to use of fire resistant/drought tolerant landscape vegetation that does not require intensive watering should be used under the dripline of native trees. In addition, irrigation systems should be carefully adjusted to avoid surface runoff onto and into the soil beneath native trees. Within Zones B and C, the prescribed removal or pruning of regulated native trees for fuel reduction should be mitigated in the same manner as those trees to be removed for grading. That is, at a maximum ratio of 3: 1 through either on or off-site plantings of the purchase of off-site credits. The ratio may be reduced to no less than 1: 1 or as otherwise agreed to by the resource agency and the City. CDFG recommends on-site native tree plantings to the extent practicable for all native plants removed or pruned, and a five year monitoring plan to ensure the impacts of the fuel modification are accurately identified and minimized. If on-site replacement plantings are not an option or are insufficient to offset the total impacts of the fuel modification activities, please provide the off-site plantings or credits and habitat types to be used as mitigation. The applicant shall consult with the City and CDFG regarding the location of off-site tree plantings or the proposed location of planted trees. Under either scenario, the applicant must supply a tree-planting plan, success criteria, provision for replacement of trees that die, and a five-year monitoring plan. The mitigation should occur in an area that is currently in conservation or proposed for conservation to ensure that these trees are not removed in the future for another purpose. 2. The following Mitigation Measure shall be added: AQ-10 -To reduce localized construction air quality impacts relative to PM10 and PM2.5 emissions, the following additional mitigation measures shall be implemented: 575/658 • Apply water three times daily, or non-toxic soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces; • Water active sites at least twice daily; • Sweep streets at the end of the day if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water); • Apply non-toxic soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for ten days or more); • All trucks hauling dirt, sand, soil, or other loose materials are to be covered; • Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph; • Traffic speeds on all unpaved roads to be reduced to 15 mph or less; • Prohibit all diesel trucks from idling in excess of five minutes, both on-site and off-site; and • Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation. 576/658EXHIBIT 2. MITIGATION MONITORING PROGRAM AIR QUALITY MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE AQ-1. Equipment used during rough and precise grading activities During grading Building & shall require the use of one of the following: Safety Division . Diesel oxidation catalysts or other amendment to achieve a 15 percent reduction in NOx emissions; or . An engine tier of three or higher; or . An engine of year 2006 or newer. AQ-2. During project construction, construction equipment shall be During construction Building & properly maintained in accordance with manufacturer's Safety Division specifications; maintenance shall include proper tuning and timing of engines. During maintenance, precautions shall be taken to ensure that fuel is not leaked onto the ground. Equipment maintenance records and equipment design specification data sheets shall be kept onsite during construction and subject to inspection by the SCAQMD. AQ-3. During project construction, the developer shall require all During construction Building & contractors to turn off all construction equipment and delivery Safety Division vehicles when not in use. Page 54 577/658577/658AIR QUALITY CONT. MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE AQ-4. Prior to project construction, the project proponent will provide Prior to grading Engineering a traffic control plan that will describe in detail safe detours around permit issuance Department the project construction site and provide temporary traffic control (i.e., flag person) during debris transport and other construction-related truck hauling activities. AQ-5. During project construction, onsite electrical hook ups shall be During Building & provided for electric construction tools including saws, drills and construction Safety Division compressors, to eliminate the need for diesel powered electric generators. AQ-6. Grading activity shall not occur on days with an Air Quality During grading Building & Index forecast for San Bernardino County greater than 100 for Safety Division particulates or ozone. The categories where grading shall not occur are: unhealthy for sensitive groups, unhealthy, very unhealthy, or hazardous. Air Quality Index forecasts can be obtained at the website: www.airnow.gov/index.cfm?action=airnow.showlocal&City1D=211. Prior to Building & AQ-7. The developer shall do the following to" reduce energy use by occupancy Safety Division the project. • ENERGY STAR-qualified (or equivalent) energy efficient appliances (washers, refrigerators, dishwashers), heating and cooling systems, and lighting products shall be installed in project homes. • Tankless water heaters and solar water heaters shall be evaluated for potential inclusion in the project homes and installed in project homes if possible. Page 55 578/658• Common area outdoor lighting shall use control systems to limit the hours of operation. • Solar heating, automatic covers, and efficient pumps and motors for pools and spas shall be required through the project conditions, covenants, and restrictions (CC&Rs). During grading Building & AQ-8. The developer shall explore the use of onsite construction off-Safety Division road grading equipment that uses biodiesel fuel (a minimum of B5, or 5 percent of biodiesel) and strive to utilize an equipment contractor with equipment that uses biodiesel fuel. Prior to the Planning AQ-9. Prior to issuance of rough grading permits, a Landscape Plan issuance of a Division shall be prepared and submitted to the City of Chino Hills for review grading permit and approval pursuant to the City's normal planning process. The permits Plan shall remain in effect through the life of the project. The Landscape Plan shall incorporate the following provisions: Shade trees and foliage shall be incorporated to reduce building heating/cooling needs; Drought-resistant plants/shrubs shall be integrated into landscape design; and Landscaped areas for the homes shall use water-saving irrigation, such as in-ground irrigation as opposed to sprinklers that do not direct the water flow directly to the plants and allow for increased evaporation, and weather-based sprinkler technology that adjusts to the season. BIOLOGICAL RESOURCES MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE Required with Planning 810-1: Prior to the issuance of a grading permit, the project proponent submittal of Division and shall provide evidence that permits have been obtained from the U.S. grading plans. Engineering Army Corps of Engineers (USAGE), the California Department of Fish Reviewed and Department and Game (CDFG), and the Santa Ana Regional Water Quality accepted prior to Control Board (SARWQCB) as required. The USAGE and the CDFG issuance of permits shall contain verification to the Citv that the loss of Southern qradinq permits Page 56 579/658Live Oak Riparian Forest has been mitigated through acquisition of off-site credits at a maximum ratio of 3:1 in a mitigation area for similar vegetation established by the City, if available, or at another mitigation area acceptable to the City and the USAGE and CDFG. The ratio may be reduced to no less than 1 :1 or as otherwise agreed to b the resource a encies and the Cit . B10-2: Prior to the issuance of building permits, an expert in the Prior to the management of native trees (particularly oaks) shall be consulted to issuance of work with the fuel modification planner to determine how many building permits additional native trees are to be removed or will be in jeopardy of degradation. Within Zone B, a general guideline should be to direct irrigation away from native trees to the extent practicable and to use of fire resistant/drought tolerant landscape vegetation that does not require intensive watering should be used under the dripline of native trees. In addition, irrigation systems should be carefully adjusted to avoid surface runoff onto and into the soil beneath native trees. Within Zones B and C, the prescribed removal or pruning of regulated native trees for fuel reduction should be mitigated in the same manner as those trees to be removed for grading. That is, at a maximum ratio of 3:1 through either on or off-site plantings of the purchase of off-site credits. The ratio may be reduced to no less than 1 :1 or as otherwise agreed to by the resource agency and the City. B10-3: If vegetation is to be removed during the nesting migratory Required with bird nesting season (February 1 to August 31), a qualified biologist submittal of under the supervision of the City shall conduct a nesting bird survey grading plans. of potentially suitable nesting vegetation no moreJhan three (3) days Reviewed and priorto vegetation removal.· .lfactivenests are identified, the biologist accepted prior to shall flag vegetation containing active nests ·and .estab(jsh appropriate issuance of buffers around the active nests, to be avoided until the nests are no grading permits longer active .and the juveniles can ·survive independently .from the nest. The size of the buffer shall be based on the type of bird nesting and the discretion of the biolo ical monitor. Planning Division and Chino Valley Independent Fire District Planning Division and Engineering Department Page 57 580/658BIO-4: Prior to the issuance of a grading permit, the following tree mitigation program shall be approved that provides for the following: 1. As shown in Table 7 of the Initial Study for TTM 16959, the applicant shall plant 251 replacement trees (or more for native trees as determined by BIO-1 and BIO-2). The replacement trees must be planted within the boundaries of TTM 16959, or at City-approved offsite locations within City-owned landscape areas. If at the time of grading permit issuance the City has adopted a tree planting or tree replacement program for the planting of trees in City parks or City-owned open space, the applicant may contribute the cash amounts specified in Table 7 to the City's tree program in lieu of planting replacement trees. The cash in lieu amount shall be based on the formula in the ordinance or resolution authorizing the tree planting or tree replacement program. The Community Development Director, or their designee, may accept a combination of replacement trees and cash in lieu to satisfy this mitigation measure. 2. A map shall be submitted to the Planning Division which depicts the trees to be removed and the trees that are to be preserved on-site consistent with the ''Tree Protection Specifications. Tentative Tract No. 16959-Meaq/ia" prepared by Cy Carlberg dated June 23, 2008. These areas include but are not limited to; the limits of construction, permanent drainage easements, permanent needs lines, temporary construction easement lines, and Lots A and B. 3. Trees to be preserved on-site shall comply with the "Tree Protection Specifications. Tentative Tract No. 16959-Meaglia" prepared by Cy Carlberg dated June 23, 2008. Required with submittal of grading plans. Reviewed and accepted prior to issuance of grading permits Planning Division Page 58 581/658CULTURAL RESOURCES MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE CR-1. A Paleontological Resource Impact Mitigation Program (PRIMP) shall be Monitoring Planning followed when construction excavation occurs within the project site. The PRIMP and Division and shall include the following steps: collection Building & during Safety Division. • A trained paleontological monitor will be present during ground disturbing grading. activities within the project area. The monitor will be empowered to temporarily Report halt or redirect construction activities to ensure avoidance of adverse impacts to submittal paleontological resources. The monitor will be equipped to rapidly remove any prior to large fossil specimens encountered during excavation. During monitoring, occupancy. samples will be collected and processed to recover microvertebrate fossils. Processing will include microscopic examination of the residual materials to identify small fossil remains. • Upon encountering a large deposit of fossils, salvage will be conducted with additional field staff and in accordance with modern paleontological techniques. • All fossils collected during the project will be prepared to a reasonable point of identification. Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of all material collected and identified will be provided to the San Bernardino County Museum, an accredited museum repository along with the specimens. • Prior to occupancy of the first unit, a report documenting the results of monitoring and salvage activities and the significance of the fossils will be prepared. The final report shall include San Bernardino County Museum specimen numbers and a letter from the Museum stating that they are in possession of the fossils. • Prior to occupancy of the first unit, all fossils collected during this work, along with the itemized inventory of these specimens, will be deposited at the San Bernardino County Museum for permanent curation and storage. Page 59 582/658• The project Proponent is responsible for all costs of the Paleontological Resource Impact Mitigation Program (PRIMP), including curation costs and peer review of the final report by the City. Confirmation that the project meets its responsibility for costs associated with the PRIMP shall be required prior to issuance of rough grading permit. CR-2 Monitoring by a qualified archaeologist shall Monitoring during grading. Engineering Department be required during all earthmoving, grading, grubbing, trenching or other earth-disturbing activities on the project site. A City-approved Project Archaeologist must create a mitigation-monitoring plan prior to earthmoving in the project area. A pre-grade meeting associated with the details of that plan must occur between the monitoring archaeologist, the City representative, and the grading contractor before issuance of a grading permit. NOISE MITIGATION MEASURE TIMING DEPARTMENT SIGNATURE DATE N0-1. Vibratory rollers shall not be used within 26 During grading Engineering Department feet of any structure or property adjacent to the Project site during any phase of construction in order to prevent construction vibration levels from reaching above 0.2 PPV, the City of Chino Hills vibration standard. Bulldozers (such as a Caterpillar D8), or other alternate equipment shall be used for grading, which have vibration levels below that of vibratory rollers. Page 60 583/658N0-2. At the time the rough grading permit Required with submittal of application is submitted, the project applicant shall grading plans. Reviewed submit a construction noise mitigation plan to the and accepted prior to City of Chino Hills for review and approval. The issuance of grading permits. plan shall depict the location of construction equipment and describe how noise would be mitigated through methods such as, but not limited to, locating stationary noise-generating equipment (such as pumps and generators) as far as possible from nearby noise-sensitive receptors. Where practicable, noise-generating equipment will be shielded from nearby noise-sensitive receptors by noise-attenuating buffers such as structures or haul trucks. Onsite noise sources such as heavy equipment located less than 100 feet from noise-sensitive receptors will be equipped with noise-reducing engine housings. Portable acoustic barriers able to attenuate at least 6 dB-specifics of which to be detailed in the construction mitigation plan-will be placed around stationary noise-generating equipment located within 100 feet of existing residences. Water tanks and equipment storage, staging, and warm-up areas shall be located as far from noise-sensitive receptors as possible. All noise attenuation measures identified in the plan shall be incorporated into the project. N0-3. All construction equipment shall utilize noise During grading and reduction features (e.g., mufflers and engine construction shrouds) that are no less effective than those originally installed by the manufacturer. Engineering Department Building & Safety Division and Engineering Department Page 61 584/658 RESOLUTION NO. 11 R -_4_0 __ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS ADOPTING THE REVISED AND RECIRCULATED MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM AND APPROVING TENTATIVE TRACT MAP NO. 16959, FOR THE SUBDIVISION OF A 6.64 ACRE SITE INTO ELEVEN (11) RESIDENTIAL LOTS LOCATED ON PINNACLE ROAD. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: A. The Applicant, Richard and Soledad Meaglia, 688 W. Foothill Blvd., Monrovia, CA 91016, requested approval of Tentative Tract Map No. 16959 for the subdivision of a 6.64 acre site into eleven (11) residential lots, two (2) open space lots, one ( 1) lot for a private street, and the related grading and improvements. B. The site is located on the north side of Pinnacle Road, approximately 600 feet southwest of Carbon Canyon Road, and is legally described as Assessor's Parcel Numbers 1031-071-09, as shown in the latest records of the Office of the Tax Assessor of the County of San Bernardino. C. The property has a General Plan designation of Low Density Residential and is zoned R-S Low Density Residential. D. A Revised and Recirculated Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program for the proposed project was conducted by the City, independently reviewed and analyzed by the City, and circulated for public review between June 11, 2011 and July 11, 2011. Based upon the Initial Study, in accordance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City of Chino Hills CEQA Guidelines, a Mitigated Negative Declaration and a Mitigation Monitoring Program are recommended for the project. E. The Planning Commission of the City of Chino Hills held a duly noticed public hearing on October 20, 2009, reviewed and considered the staff report prepared for the project, received public testimony, and reviewed all correspondence received on the project. The Planning Commission adopted the Mitigated Negative Declaration and approved Tentative Tract Map No. 16959. 1 OF 8 585/658 F. The City Council appealed the Planning Commission decision to adopt the Mitigated Negative Declaration; and appealed the Planning Commission decision to approve Tentative Tract Map No. 16959 at its meeting on October 27, 2009. According to Development Code Section 16.58.070(8), when City Council requests to review Planning Commission's action, the City Council shall review the same project as the Planning Commission and the review shall be conducted de novo. G. The City Council held a duly noticed public hearing on July 12, 2011, to review and consider the staff report prepared for the project, receive public testimony, and review all correspondence received on the project. SECTION 2. Based upon oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the City Council and on its behalf, does hereby find as follows regarding the Revised and Recirculated IS/MND and Mitigation Monitoring 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; and B. The Initial Study found that mitigation measures and conditions of approval will be added to the project to ensure that the development meets the City's standards and policies, and that project implementation will have a less than significant impact on the environment. C. A Notice of Intent to Adopt a Mitigated Negative Declaration was filed with the State Clearinghouse, and the public review period was duly noticed by mail and in the Chino Champion. D. The IS/MND and Mitigation Monitoring Program were available for public review from September 17, 2009 through October 16, 2009, following which staff received a comment letter from the California Department of Fish and Game (CDFG) regarding the project's fuel modification zone and impacts to biological resources. E. To respond to comments raised by the CDFG regarding potential impacts to biological resources, the City requested a fuel modification zone plan and biological assessment was performed by the City's biological consultant, PCR Services. 20F8 586/658 F. The following mitigation measure was incorporated into the Revised 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, and subsequently corrected to read "Prior to the issuance of grading building permits" to better protect trees from potential damage during site grading activities. Mitigation Measure BIO-2 is recommended to mitigate impacts to less than significant: BIO-2: Prior to the issuance of grading permits, a certified arborist with an expertise in native trees (particularly oaks) shall be consulted to work with the Chino Valley Independent Fire District to determine the minimum amount of native trees required to be removed to accommodate fuel modification requirements. Within Zone B, a general guideline should be to direct irrigation away from native trees to the extent practicable and to use of fire resistant/drought tolerant landscape vegetation that does not require intensive watering should be used under the dripline of native trees. In addition, irrigation systems should be carefully adjusted to avoid surface runoff onto and into the soil beneath native trees. Within Zones B and C, the prescribed removal or pruning of regulated native trees for fuel reduction should be mitigated in the same manner as those trees to be removed for grading. That is, at a maximum ratio of 3:1 through either on or off-site plantings of the purchase of off-site credits. The ratio may be reduced to no less than 1:1 or as otherwise agreed to by the resource agency (CDFG) and the City. G. A Revised Notice of Intent to Adopt a Mitigated Negative Declaration was filed with the State Clearinghouse, and the public review period was duly noticed by mail and in the Chino Champion. H. The Revised IS/MND and Mitigation Monitoring Program were available for public review from June 11, 2011, through July 11, 2011. SECTION 3. With regard to the request for approval of Tentative Tract Map No. 16959, based upon oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the City Council and on its behalf, the City Council does further find as follows: A. FINDING: The proposed subdivision, together with the provisions for its design and conceptual improvements, is consistent with the General Plan. 30F 8 587/658 B. C. FACT: The proposed project is located in an area designated on the General Plan Land Use map as Low Density Residential, and is zoned R-S Low Density Residential. The Low Density Residential General Plan Land Use designation allows between 2.0 and 6.0 dwelling units per acre. The proposed project is a residential subdivision of 6.64 acres into 11 residential lots ranging from 8,452 to 16,726 square feet with an average lot size of 11,904 square feet, which is a density of 1.6 dwelling units per acre. Therefore, the proposed subdivision is consistent with the General Plan and Zoning. FINDING: The site is physically suitable for the type and proposed density of development. FACT: The proposed tentative tract map includes 11 single-family residential lots, open spaces, roads, and associated infrastructure. The residential lots will range in size between 8,452 and 16,726 square feet, with an average lot size of 11,904 square feet. The lots have been concentrated in the more developable areas of the site with 44% of the site being preserved as open space. Open Space Lots "A" and "B" located on the north and east portion of the project preserve a natural riparian area and provide a sense of openness to the site. The project conforms to the unique natural setting of the area as it is on a flat parcel of land and no major grading is required to accommodate building pads and the street. Therefore the proposal of 1.6 dwelling units per acre along with the site planning makes the site physically suitable for the type and proposed density of development. FINDING: The design of the subdivision or the proposed conceptual improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. FACT: A Mitigated Negative Declaration and Mitigation Monitoring Program has been prepared for the project, which identifies potentially significant impacts and appropriate mitigation measures for the proposed project. Specifically, mitigation measures BIO-1, BIO-2, BIO-3, and BIO-4 will mitigate the project's impacts on fish or wildlife or their habitat and reduce the impact to a level that is less than significant. 4OF 8 588/658 D. FINDING: The design of the subdivision or the proposed improvements are not likely to cause serious public health problems. E. F. FACT: The design of the tract map, including improvements for access and utilities to serve the subdivision, have been reviewed and found acceptable by the City's Building and Safety Division, Engineering Department, and the Chino Valley Independent Fire District in accordance with health and safety standards. Therefore, the design of the subdivision, including improvements, subject to the Conditions of Approval, will not likely cause serious public health problems. FINDING: The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. FACT: There are no established public easements over the property in question. The proposed development will be accessed through a private street off of Pinnacle Road. FINDING: The design of the subdivision provides to the extent feasible, passive or natural heating and cooling opportunities. FACT: The proposal is for the subdivision of the site only, no construction is proposed at this time. A Design Review approval by the Planning Commission is required prior to the construction of the homes. Natural heating and cooling opportunities will be considered at that time. G. FINDING: The proposed subdivision of land, its design, density and type of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law. FACT: The proposed subdivision provides a minimum lot size of 8,452 square feet and averages 11,904 square feet, with a density of 1.6 dwelling units per acre. The 11 residential lots and the private street are proposed to occur on 3.71 acres, leaving 2.93 acres of open space. The proposed subdivision conforms with the regulations of the Chino Hills Development Code by meeting and/or exceeding the majority of minimum development standards for low density residential development. 50F8 589/658 H. I. FINDING: That if the proposed subdivision is a conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project, the project must comply with the requirements of California Government Code Section 66427.1(a) and 66452.10 prior to approval of the proposed subdivision. FACT: The proposed subdivision is not a conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project. The proposed subdivision is a land subdivision consisting of 11 lots for the future development of single-family homes. FINDING: That in the event that the land within the proposed subdivision is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of Chapter 7 of Division 1 of Title 5 of the California Government Code), and the lot areas are less than that required subsection 83.040220(a)(2)(C), that FACT: (1) The lots created can sustain an agricultural use permitted under the contract, or are subject to a written agreement for joint management pursuant to California Government Code Section 51230.1, and the parcels which are jointly managed total at least ten (10) acres in size, in the case of prime agricultural land, or forty (40) acres in size, in the last of land which is not prime agricultural land; or (2) One of the parcels contains a residence and is subject to Section 428 of the California Revenue and Taxation Code; the residence has existed on the property for at least five (5) years; the landowner has owned the parcels for at least ten (10) years; and the remaining parcels on the map are least ten (10) acres in size if the land is a prime agricultural land; or at least forty (40) acres in size if the land is not prime agricultural land. The land proposed for the subdivision as described herein is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of Chapter 7 of Division 1 of Title 5 of the California Government Code) and is not an agricultural land. Therefore, it is not subject to the minimum lot size requirements for agricultural land. 60F 8 590/658 SECTION 4. The City Council of the City of Chino Hills does hereby adopt the Revised and Recirculated Mitigated Negative Declaration and Mitigation Monitoring Program and approve Tentative Tract Map No. 16959, including the Conceptual Grading Plan and Wall Plan, subject to the findings included within this resolution and subject to the Conditions of Approval incorporated herein by reference. SECTION 5. The City Clerk shall certify as to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 1ih day of July, 2011. ATTEST: ASTO FORM: ?OF 8 591/658 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF CHINO HILLS ) ) ) § I, Mary M. McDuffee, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Resolution No. 11 R-40 was duly adopted at a regular meeting of the City Council of the City of Chino Hills held on the 1 z!h day of July, 2011, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: GRAHAM, BENNETT, KRUGER, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NORTON-PERRY (SEAL) The foregoing is the original of Resolution No. 11 R-40 duly passed and adopted by the Chino Hills City Council at their regular meeting held July 12, 2011. (SEAL) 8 of 8 592/658 CITY OF CHINO HILLS AFFIDAVIT OF MAILING Notice of Public Hearing: STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF CHINO HILLS Extension of Time 19EXT02 For Tentative Tract Map 16959 ) ) ) ss. I, Michael Hofflinger, do hereby certify that a copy of the attached Notice of Public Hearing before the Planning Commission for Extension of Time 19EXT02 for Tentative Tract Map 16959 was mailed to each and every person set forth on the attached list on July 23, 2019. Mailing of this document was completed by placing a copy of said document in an envelope, with postage prepaid, and depositing same in the U.S . Mail at Chino Hills, California . I declare under penalty of perjury that the foregoing is true and correct. Dated at Chino Hills, California, August 1, 2019 . 593/658 PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chino Hills will hold a public hearing on Tuesday , August 6, 2019, at 7 :00 p. m., in the Council Chambers of the City Hall , 14000 City Center Drive , Chino Hills , CA , to consider the following project. CASE NO.: Extension of Time 19EXT02 APPLICANT: Everbright International PROPOSAL: The applicant is requesting approval of a 36 -month extension of time for Tentative Tract Map 16959, which was originally approved by the City Council on July 12 , 2011 . The approved tentative map would subdivide 6 .64 acres of land , which is currently developed with 1 single-family residence , to create 11 single -family residential properties , 1 private street lot , and 2 open space lots . LOCATION: The project site is located on the north side of Pinnacle Road , south of Carbon Canyon Road , and at the eastern terminus of Carriage Hills Lane . A.P.N.: 1031-071-09 VICINITY MAP (Red outline indicates project site; top of map is north) ENVIRONMENTAL REVIEW: A determination has been made that the proposed project has incorporated adequate mitigation and will not have a significant impact on the environment. An environmental review was completed for the project and a Mitigated Negative Declaration and Mitigation Monitoring Program were adopted by the City Council on July 12, 2011, pursuant to the California Environmental Quality Act (CEQA) Guidelines and the City of Chino Hills Local Procedures for Implementing CEQA. As the current application requests an extension of time for the project as it was approved , there is no potential for the application to cause a significant effect on the environment. Therefore, the proposed extension of time is exempt from CEQA pursuant to Section 15061 (b)(3) Review for Exemption of the CEQA Guidelines . Additional information regarding this project is available for public review at the City of Chino Hills Community Development Department, 14000 City Center Drive, Chino Hills, CA 91709 during the following hours: Monday thru Thursday from 7:3 0 a.m . to 5:30 p.m . and Friday from 7:30 a.m . to 4 :30 p.m . STAFF: Ryan Gackstetter, Senior Planner NOTICE IS HEREBY FURTHER GIVEN that if you challenge the above described project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing . ALL PERSONS INTERESTED are invited to be present at the public hearing and encouraged to give testimony at the time and place indicated above . Additional information regarding this project may be obtained from Ryan Gackstetter, Senior Planner with the Community Development Department, at rgackstetter@chinohills .org or (909) 364-2749 . Date : July 24 , 2019 594/658 594/658 WERY 8162 Easy Peel Ac!dfoss Labels: l__--J ~~ r,(l,1~ ,,I,•, •id, PiDdr)FdeJ' I SCHOFIELD, DANIEL DEAN & MARIE AGUER 15995 RANCH HOUSE RD CHINO HILLS CA 91709 PFAFF, BRYAN 3484 AUTUM AVE CHINO HILLS CA 91709 001 REVOCABLE FAMILY TRUST 2238 OLD CARBON CANYON RD CHINO HILLS CA 91709 ABOLFAZLI, VENIS M OLD CARBON CANYON RD CHINO HILLS CA 91709 MARANI, CATHERINE REVOCABLE TR 15967 RANCH HOUSE RD CHINO HILLS CA 91709-2375 BAO, DUN KUI 16015 RANCH HOUSE RD CHINO HILLS CA 91709 CITY OF CHINO HILLS 2001 GRAND AVE CHINO HILLS CA 91709 Etiquettes cl ,1dr esse Easy Peel : r!,.,• ' ', LC " U 't 11'" K, C IC'l d I,""! ,,1chur0 ~·in Cl(; fc'\ t: f ,, t.. rcbo·G Pop up I I I' i I ' I i I I .---: I -i . ! 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I , I ' YU, WEN I 15941 PINNACLE RD CHINO HILLS CA 91709 YANG FAMILY TRUST 14943 AVENIDA ANITA CHINO HILLS CA 91709 Go to avery.com/templates: LJ ,r: \_,,. r1 rcn'pfc1te 5162 I HUNG & WANG FAMILY TRUST 13768 ROSWELL AVE STE 119 CHINO CA 91710 TANNER, BRYAN & RENAE FAM TR 15893 FETLOCK LN CHINO HILLS CA 91709 YU, WEN I 15941 PINNACLE RD CHINO HILLS CA 91765 CITY OF CHINO HILLS PO BOX 667 CHINO HILLS, CA CHEN, YU SHENG 15982 PINNACLE RD CHINO HILLS CA 91709 Allez a avery.ca/gJb,rnts: Utd1sez le Gabar,t A•,ery 5162 1 596/658 596/658 ~ERV 8162 Easy Peel Address Labels: ~ f--•ncld 1Ylr,r•1, tJt•;us,_,r,,~:,1't~Edge I KENEALY, RAFAEL & NEIRA LIV TR 2369 BRANDON CIR CHINO HILLS CA 91709 LIN, ANNIE Y 2349 BRANDON CIR CHINO HILLS CA 91709 LIGHTCAP, JERRY W 223 RAINBOW DR #12379 LIVINGSTON TX 77399 ROMAN, DEMETRIUS 2334 BRANDON CIRCLE CHINO HILLS CA 91709 DOMINGUEZ, RICHARD D 16009 RANCH HOUSE RD CHINO HILLS CA 91709 GAO, CHANG ZHENG 15995 PINNACLE RD CHINO HILLS CA 91709 Etiquettes d' cidresse Easy Peel : ~ j. 1 ~·\ cur j.1,"\Ln·--Rt..:ol,_z d Id nachur•' zirir1 ClL r2-.e!er le rcoord Pop-uo 1 I I , I ! I i I I I I ' i i I Go to avery.com /templates : U..)• A~'r r, Tt n1 1-... h1te 5162 1 Allez a avery.ca/ gabarits : Ut!l,sez le Gabarit A•,ery 5;52 I ' i I I . I l Meeting date: t4 C16 c� /1d6 REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium indicates your time has elapsed NOTE — THIS IS A PUBLIC DOCUMENT SUBJECT TO POSTING ON THE CITY'S WEBSITE. YOU ARE NOT REQUIRED TO PROVIDE PERSONAL INFORMATION IN ORDER TO SPEAK, EXCEPT TO THE EXTENT NECESSARY FOR THE CITY CLERK TO CALL UPON YOU. PLEASE PRINT Name: oi/t',( ,; C c e&:,1_ Company/Association/Organization (if any): Address or Area of Residence (Optional): 64 ✓//a zt /eY, I wish to speak under: 1. PUBLIC COMMENTS SECTION Subject: 2. AGENDA ITEM NO. ~ FAVOR OPPOSE V The City Council is interested in your comments. You may address the City Council regarding any item 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 authorized by law, except the City Council may briefly respond to statements made or questions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING 1