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HomeMy WebLinkAbout7315_CCv0001.pdf RESOLUTION NO. 7315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS RECSINDING CONCEPT PLAN NO. 3 FOR THE EAST VALLEY CORRIDOR SPECIFIC PLAN AND APPROVING PLANNED DEVELOPMENT NO. 2 FOR THE EAST VALLEY CORRIDOR SPECIFIC PLAN TO FACILITATE THE DEVELOPMENT OF THE REDLANDS FULFILLMENT CENTER PROJECT; A PROPOSED WAREHOUSE AND OFFICE PROJECT WHEREAS, Hillwood Investment Properties has filed an application with the City to construct an approximately 1,015,740 square foot industrial building that will consist of warehouse and office uses (the "Project") on 50.66 acres located in the western portion of the City and generally bounded by Lugonia Avenue to the north, a recreation water park to the east which borders California Street, 1-10 to the south, and Bryn Mawr Avenue to the west (the "Project Site");and WHEREAS, to facilitate development of the Project, the City Council of the City of Redlands has approved Hillwood Investment Properties' application for Parcel Map No. 19461 which will revert to acreage six(6)parcels comprising the Project Site to one(1)parcel; and WHEREAS, Hillwood Investment Properties has filed an application with the City to rescind Concept Plan No. 3 of the East Valley Corridor Specific Plan to permit the EV/SD (Special Development)land use designation to regulate construction of the Project; and WHEREAS, the EV/SD (Special Development) land use designation contains development envelopes which group blocks of properties together to establish a designated minimum area that must be master-planned as a single unit; and WHEREAS, any development application filed within a development envelope must address the development of the entire development envelope through the preparation of a Concept Plan on a Planned Development application; and WHEREAS, Hillwood Investment Properties has also submitted an application for Planned Development No. 2 to permit the development of the 50.66 acres of undeveloped property within the development envelope that governs the Project Site; and WHEREAS, on August 13, 2013, the City of Redlands' Planning Commission held a duly noticed public hearing on Hillwood Investment Properties' applications for the rescission of Concept Plan No. 3 and Planned Development No. 2 at which time the public had the opportunity to present verbal and written testimony on the proposed Project;and WHEREAS, at the close of the public hearing, and after due consideration of all verbal and written testimony provided, the Planning Commission adopted a motion recommending to the City Council approval of the rescission of Concept Plan No. 3 and the approval of Planned Development No. 2;and 1:\cc1erk\Reso1utions\Res 7300-739917315 flillwood,Planned Dev.doc WtIEREAS, on September 3, 20 13, the City Council of the City of Redlands held a duly noticed public hearing on Hillwood Investment Properties' applications for the rescission of Concept Plan No- 3 and the approval of Planned Development No. 2 at which time members of the public had the opportunity to provide verbal and written testimony on the proposed Project-, NNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TRE CITY OF REDLANDS AS FOLLOWS: Section I. The City Council of the City of Redlands hereby rescinds it past approval of Concept Plan--No. 3 as initially approved on November 17, 1992, and as subsequently amended by the City Council on July 6, 1993, Section 2. Resolution No, 4992 of the City Council of the City of Redlands relating to Concept Plan No. 3 is hereby rescinded. Section 3, The application of Rillwood Investment Properties for Planned Development No, 2 is hereby approved based upon the Planning Commission's recommendation and determination that the proposed Planned Development No- 2 is in conformity with the General Plan of the City and that the Planned Development No, 2 would not affect the surrounding area or the Redlands Community in general, and further based upon staff's reports and the verbal and written testimony presented to the City Council, and subject to the conditions of approval attached hereto as Exhibit"A," ADOPTED, SIGNED AND APPROVED this P day of September, 2013- A,, Mayor Peter Aguii�ar, Mayor ATTEST- Sam Irmwin, ity ler I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 3rd day of September, 2013 by the following vote: AYES: Councilmembers Foster, Gardner, Gilbreath-, Mayor Aguilar NOES: Councilmernber Harrison ABSTNIM None ABSENT: None Sam ImAn, City Clerk -2- 1:'%C,-lerk-'%!Ze-solutionsxRes 7300-739913315 11i I]%v(x),d,^1a nmi DLv dw, EXHIBIT 'A' DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL FOR PLANNNED DEVELOPMENT NO, 2 Date of Preparation: August 7, 2013 Planning Commission Date:August 13, 2013 City Council Date: September 3, 2013 Applicant: Hillwood Development Location: Southeast comer of Lugonia Avenue and Bryn Mawr Avenue CONDITIONS OF APPROVAL I The issuance of any permits shall comply with all provisions of the Redlands Municipal Code and the East Valley Corridor Specific Plan 2. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of City Council approval. 3. Planned Development No. 2 approves the development of a 1,015,740 square foot warehouse/distribution center on 50.66 acres located north of the Interstate 10 Freeway, along the south side of Lugonia Avenue, and the east side of Bryn Mawr Avenue in the EV/SQ (Special Development) District of the East Valley Corridor Specific Plan. The warehouse/distribution center shall have no more than 85 loading docks and 135 trailer parking spaces. All loading docks and truck trailer parking areas shall be limited to north side of the building. Truck loading and unloading activities and trailer storage are prohibited south of the building. 1,449 automobile parking spaces shall be provided on the south side of the building. A minimum 10,000 square foot office space shall be provided on the south side of the building. A landscape buffer With depth of 25 to 50 feet shall be provided across the southerly boundary of the project site. Landscaping shall include over 800 on-site trees to be located along the perimeter of the property and parking lot. The operations of any and all building tenants shall be consistent with the project description provided in Initial Study/Mitigated Negative Declaration prepared for the project. 4. All plans submitted to the City shall reflect the City Council approval and any other changes required by the Council and/or staff. This condition applies to the site plan, landscape plans, building elevations and materials, grading, and all other illustrations, text, or plans submitted to the City in connection with this project. Planned Development No. 2 Conditions of Approval Page 2 of 16 5. No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied. 6. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project's approved site design, grading plan, landscape plan, or building elevations without first consulting with the Development Services Director or his designee. 7. The project site shall be kept in a weed and dust free condition throughout all periods of development. 8. All on-site utilities shall be placed underground except power poles for lines over 66 KV. Plans shall be submitted that detail the undergrounding of all on-site utilities, subject to review and approval by the Development Services Director, prior to issuance of building permits. 9. Prior to the issuance of building permits, the applicant shall submit plans detailing that roof screening is of adequate height to screen any roof-top equipment from public view on all sides, subject to review and approval by the Development Services Director. Screening of air conditioning units and other equipment on the buildings shall be incorporated into or compatible with the architectural design of the buildings. All equipment shall be screened from public view of adjacent roadways and freeways. 10. Ground mounted equipment shall be screened from public view on all sides subject to review and approval by the Development Services Director, prior to issuance of building permits. 11. All fire sprinkler risers shall be located inside the building. Any exterior fire and/or mechanical equipment shall be appropriately screened, except for equipment designated by the Fire Chief as being exempt from this requirement. 12. All roof drain down spouts shall be placed within the interior of the building walls and shall not be visible from the exterior of the building. 13. All freestanding walls shall incorporate design features, such as tree planter wells, variable setbacks, columns, split face block, decorative cap, or other such features to provide visual relief along the wall surface. 14. Transformer cabinets and commercial gas meters shall not be located within required setbacks and shall be screened from public view either by architectural treatment or with landscaping. Multiple electrical meters and panels shall be fully enclosed and incorporated into the overall architectural design of the building(s). Planned Development No. 2 Conditions of Approval Page 3 of 16 Backflow preventers shall be enclosed with landscaping that Will provide complete screening upon maturity. The location and method of enclosure or screening of this equipment shall be shown on the construction plans and landscape plans prior to building permit issuance. Location of said equipment shall be coordinated with appropriate utility company (i.e., Southern California Gas Company or Southern California Edison Company). The applicant shall submit plans showing details of screening subject to review and approval by the Development Services Director, prior to issuance of building permits. 15. The applicant shall prepare plans that include a trash enclosure and/or trash compactor(s) as specified by the Municipal Utilities & Engineering Department. Trash enclosure design and location shall be subject to review and approval by the Municipal Utilities & Engineering Director and Development Services Director prior to issuance of building permits. Trash storage areas shall be completely enclosed with solid masonry walls that have a decorative block and cap and solid metal gate. The exterior design and finish of the trash enclosure shall be designed to match or be compatible with the structures on site. 16. The Final Landscape Plans shall incorporate the following: a. The landscape plan shall comply with all requirements for landscaping in parking lots pursuant EV4.0225 of the East Valley Corridor Specific Plan. b. The landscape plans shall be detailed and show the specific distribution, size, and amount of each species of trees, shrubs, and groundcover, C. No more than fifty percent (50%) of the trees shall be 15 gallon in size, twenty-five percent (25%) shall be 24-inch box in size, and twenty-five percent (25%) shall be 36-inch box in size. All trees shall meet the following minimum caliper sizes. If the caliper size cannot be met at the container size then the developer shall increase the container size to meet the required caliper. 15-gallon: 3/4"to I" 24-inch box: 1-1/4" to 1-3/4" 36-inch box: 2-1/2" to 2-3/4" d. The Landscape Plan shall show concrete mow strips to separate turf from other ground surfaces; e. All trees shall be a minimum of 15-gallon size and be double staked. Arbor guards shall be provided on all trees planted in turf areas: Planned Development No. 2 Conditions of Approval Page 4 of 16 f. The landscape plans shall identify measures such as root barriers and deep watering to be utilized to minimize heaving of parking lot pavement by tree roots; g. An automatic irrigation system shall be utilized to irrigate the site's approved landscape design. 17. The Landscape and Irrigation Plans shall be approved by the following City departments, prior to the issuance of building permits: • Submit Landscape and Irrigation Plans with each copy of the construction plans for plan check to the Development Services Department, Building & Safety Division, for distribution to other departments and for review and approval by the Development Services Director. • The Landscape and Irrigation Plans shall be subject to review and approval by the Municipal Utilities & Engineering Director and the Development Services Director for compliance with the Water Efficient Landscape Ordinance No. 2724 (Also known as Chapter 15.54 of the RMC). 18. The landscape architect responsible for the design of the projects landscape plan shall review and certify, prior to a request by the applicant for a final occupancy inspection, that the installed landscaping meets the specifications of the approved landscape plan, except as modified in the conditions of approval. 19. The evergreen trees, as identified on the landscape plan, are to be maintained and the trimming or maintenance of them shall serve the purpose to bring them into a full canopy-type configuration which is the intent of this approval. 20. All lighting within the parking lot areas shall be a shoe box-type design that directs the light beam downward and not outward. In addition, any lighting attached to the building shall be shielded to prevent light and glare from projecting horizontally or outward. Parking lot light fixtures shall not exceed the overall height as permitted by the East Valley Corridor Specific Plan. 21. The illumination within the parking lot shall be a minimum of 0.5 foot candle and illumination along all property lines of the project site shall not exceed 0.5 foot candle. Walkway lighting shall have a maximum height of 12 feet and all parking lot lighting shall have a maximum height of 30 feet. 22. Noise producing equipment shall be acoustically insulated to prevent impacts on Planned Development No. 2 Conditions of Approval Page 5 of 16 adjacent residential uses and/or sensitive receptors. The location of such equipment shall be shown on the site plan and shall be subject to review and approval by the Development Services Director, prior to issuance of building permits. The plans shall also detail any noise reduction measures taken. 23. Prior to issuance of grading permits, the construction contractor shall provide evidence showing that the following measures shall be implemented to reduce air pollutants generated by equipment exhaust and fugitive dust during project construction: • The construction contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. • The construction contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. • The construction contractor shall ensure that construction grading plans Include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. • The construction contractor shall time the construction activities so as not to interfere with peak hour traffic and to minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. • The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. • The construction contractor shall demonstrate compliance with SCAQMD Rule 1113 on the use of architectural coatings. Emissions associated with architectural coatings would be reduced by complying with these rules and regulations, which include using pre-coated/natural-colored building materials, water-based or low-VOC coating, and coating transfer or spray equipment with high transfer efficiency. 24. All grading and construction activities shall be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. Grading and construction activities are prohibited on weekends and federal holidays. 25. Prior to issuance of a building permit, the applicant shall be required to obtain Planned Development No. 2 Conditions of Approval Page 6 of 16 approval of a construction site safety plan by the Redlands Police Department providing adequate security measures such as lights, video cameras, vehicle transponders, locks, alarms, trained security personnel, fencing etc. The nature of the measures will depend on the specific requirements of the site, and may vary with the different stages of construction. The applicant shall be responsible for the compliance of all sub-contractors working on the site. 26. In the event that any subsurface archeological materials are encountered within any part of the project area, all ground-disturbing construction activities must be suspended in the vicinity of the find until the deposit is recorded and evaluated by a qualified archeologist. 27. Pursuant to Govemment Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City. 28. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant's project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys' fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicants project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the "Security") in a form satisfactory to the City and in the amount of Three Hundred Thousand Dollars ($300,000), to ensure applicant's performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City's right to revoke this permit. Planned Development No. 2 Conditions of Approval Page 7 of 16 29. The applicant shall remove reveals and scoring on the bottom south elevation of the building resembling loading doors. 30. The applicant shall increase the depth of planters or parking stalls to provide stalls with a nineteen (19) foot depth or alternatively stalls with an eighteen (18) foot depth that are adjacent to a six (6) foot or wider sidewalk or adjacent to a planter with an interior diameter of five(5)feet or more. 31. The applicant shall incorporate a platform underneath all proposed cupola domes as a transitional element between the dome and the tower. 32. The applicant shall expand the area of the landscaped buffer located adjacent to the south property line by shortening the driveway by at least 200 feet located at the most southerly end to provide additional landscaping. 33. Additional screening trees shall be provided through the center of the buffer east of the proposed parking area at a rate of one(1)tree for every twenty(20) linear feet. All trees shall be at least 15-gallon size. 34. AQ-1 The following measures shall be implemented during construction to reduce NOx related emissions. They shall be included in the Grading Plan and Building Plans. • With the exception of engine start up, off-road diesel equipment operators shall be required to shut down their engines rather than idle for more than five minutes, and shall ensure that all off-road equipment is compliant with the CARB in-use off-road diesel vehicle regulation and SCAQMD Rule 2449. • The following note shall be included on all grading plans: "During construction activity, where available, the contractor shall incorporate California Air Resources Board (CARB) Tier 2 or 3 certified equipment into on-site off-road construction equipment fleets according to the following: • Start of construction to December 31, 2014: Where available, incorporate Tier 2 and 3 equipment into the construction fleet of off-road diesel construction equipment used for the project. Where available, non-Tier 2 or 3 off-road diesel construction equipment shall be outfitted with the BACT devices certified by CARB. If CARB certified engines are not available, the project Applicant shall provide evidence to the City prior to issuance of grading permits, or within 30 days of procurement of the construction equipment fleet. o Post-January 1, 2015: Where available and commercially feasible, incorporate Tier 3 and 4 equipment into the construction fleet of off-road diesel construction equipment used for the project. Where available, non- Tier 3 or 4 off-road diesel construction equipment shall be outfitted with BACT devices certified by CARB. Planned Development No. 2 Conditions of Approval Page 8 of 16 o A copy of each units certified tier specification, Best Available Control Technology (SACT) documentation, and CARE or SCAQMD operating permit shall be available to the City at the time of mobilization of each applicable unit of equipment. ■ Configure construction parking to minimize traffic interference. ■ Minimize obstruction of through-traffic lanes and provide temporary traffic controls such as a flag person during all phases of construction when needed to maintain smooth traffic flow. Construction shall be planned so that lane closures on existing streets are kept to a minimum. ■ Schedule construction operations affecting traffic for off-peak hours, to the extent possible. ■ Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, use of public transportation and satellite parking areas with a shuttle service.) ■ Encourage construction contractors to apply for SCAQMD Surplus Off-Road Opt-In for NOx ("SOON") funds. Incentives could be provided for those construction contractors who apply for AQMD "SOON" funds. The "SOON" program provides funds to accelerate clean-up of off-road diesel vehicles, such as heavy duty construction equipment. More information on this program can be found at the following website: http:/twww.aqmd.gov/tao/Implementation/SOONProgram.htm ■ Alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) and low-emission diesel construction equipment shall be utilized to the extent that the equipment is readily available and cost effective in the South Coast Air Basin. ■ Construction equipment engines shall be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. ■ Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than five minutes. ■ Construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by* internal combustion engines to the extent feasible. 35. AQ-2 The developer shall implement dust control measures consistent with SCAQMD Rule 403—Fugitive Dust during the construction phases of new project development. The following actions are currently recommended to implement Rule 403 and have been quantified by the SCAQMD as being able to reduce dust generation between 30 and 85 percent depending on the source of the dust generation: ■ Apply water and/or approved nontoxic chemical soil stabilizer's according to manufacturer's specification to all inactive construction areas(previously graded areas that have been inactive for 10 or more days). Planned Development No. 2 Conditions of Approval Page 9 of 16 • Replace ground cover in disturbed areas as quickly as possible. • Enclose,cover,water twice daily, or apply approved chemical soil binders to exposed piles with 5 percent or greater silt content. ■ Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. Water active grading sites at least twice daily. • Suspend all excavating and grading operations when wind speeds(as instantaneous gusts)exceed 25 miles per hour over a 30-minute period. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard(i.e., minimum vertical distance between top of the load and the top of the trailer), in accordance with Section 23114 of the California Vehicle Code. ■ Sweep streets at the end of the day. • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site each trip on a gravel surface to prevent dirt and dust from impacting the surrounding areas. • Apply water three times daily or chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas or unpaved road surfaces. • Post and enforce traffic speed limits of 15 miles per hour or less on all unpaved roads. ■ All on-site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. • All delivery truck tires shall be watered down and scraped down prior to departing the job site. • Visible dust beyond the property line which emanates from the project shall be minimized to the extent feasible. 36. AQ-3 The following measures shall be implemented by the contractor to reduce ROG emissions resulting from application of architectural coatings: • Use pre-painted construction materials to the extent commercially available. • Use required coatings and solvents with a zero ROG content; and ■ Use high-pressure-low-volume (HPLV)paint applicators with a minimum transfer efficiency of at least 50 percent. 37. AQ-4 The proposed project shall include, but not be limited to, the following list of potential design features. Where applicable, these features shall be incorporated into the project design to ensure consistency with adopted statewide plans and programs. Transportation Planned Development No. 2 Conditions of Approval Page 10 of 16 Developer shall notify and take all feasible steps to ensure that occupants implement the following transportation efficiencies: ■ Heavy duty trucks entering the property shall meet or exceed 2010 engine emission standards specified In California Code of Regulations Title 13, Article 4.5, Chapter 1, Section 2025, or a phase-in schedule should be put forth that would feasibly achieve similar emission reductions as soon as possible. • The facility operator shall maintain a log of all trucks entering the facility to ensure that on average, the daily truck fleet meets the quantities and emission standards listed. • The facility operator shall monitor excess idling and will be trained1certified in diesel health effects and technologies [for example, by encouraging attendance at CARE approved courses(such as the free, one-day Course #512)] • At least a portion of the fleet shall utilize alternative fueled technologies. • Encourage tenants that do not already operate 2007 and newer trucks to apply in good faith for funding to replace/retrofit their trucks, such as Carl Moyer, VIP, Prop I B, or other similar funds. ■ To the extent consistent with applicable zoning, the facility operator shall provide food options,fueling, and truck repair on-site. • Encourage all on-site vehicles(hostlers, forklifts, etc.)to utilize zero or near- zero emission technology. ■ Encourage the facility operator to implement a trip reduction program,for which all employees shall be eligible to participate. • Encourage the facility operator to provide a ride sharing program,for which all employees shall be eligible to participate. • Encourage the facility operator to provide transit subsidies, for which all employees shall be eligible to receive. Energy Efficiency The project applicant shall select a mix of the following measures to reduce energy consumption by a minimum of 10 percent below cod requirements: • Exceed natural gas efficiency requirements in Title 24 by 35 percent • Install high efficiency lighting that reduces energy consumption by 5 percent • Install solar panels on all available roof space. If this isn't feasible, then all buildings and electrical infrastructure should be evaluated to accommodate potential future solar panel upgrades in order to be "solar ready". ■ Install Energy Star rated appliances prior to Certificate of Occupancy. • Install high efficiency heating ventilation and air conditioning (HVAC) equipment with a Seasonal Energy Efficiency Rating (SEER)of 13 or higher and thermostatic expansion JXV)valve. Planned Development No. 2 Conditions of Approval Page 11 of 16 Water Conservation and Efficiency • Install low-flow faucets and toilets. ■ Use water-efficient Irrigation systems. Solid Waste • Provide interior and exterior storage areas for recyclables and adequate recycling containers located in public areas. 38. BIO-1 In compliance with the CDFW Staff Report on Burrowing Owl Mitigation (CDFW 2012) the applicant shall ensure that a pre-construction burrowing owl survey is conducted at least 14 days prior to construction activities. A qualified Biologist shall conduct the survey to determine N there are any active burr-owing owl burrows within or adjacent to (within 500 feet) the impact area. A follow-up survey shall be conducted within 24 hours prior to ground disturbance. If no active burrows are observed, construction work can proceed. If an active burrow is observed outside the nesting season (September I to January 31)and the burrow is within the impact area, a Burrowing Owl Exclusion Plan shall be prepared and submitted to CDFW for approval, outlining standard burrowing owl burrow closing procedures used to exclude burrowing owls (e.g., using passive relocation with one-way doors). The burrow exclusion shall be conducted by a qualified Biologist during the non-breeding season. Site monitoring shall be conducted prior to, during, and after exclusion of burrowing owls from their burrows in order to ensure take is avoided. If exclusion occurs immediately after the end of the breeding season, daily monitoring shall be required for one week to ensure young have fledged. The loss of any active burrowing owl burrow/territory shall be mitigated through replacement of habitat and burrows at no less than a 1:1 ratio. If an active burrow Is observed outside the nesting season (i.e., between September I and January 31) and the burrow is not within the impact area, construction work shall be restricted within 160 to 1,605 feet of the burrow depending on the time of year and level of disturbance near the site in accordance with guidelines specified by the CDFW. 39. CUL-1 An archaeological monitor shall be required to be on-site during any earthwork activities within undisturbed native soils. If prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the find shall be halted so that the archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures consistent with the Planned Development No. 2 Conditions of Approval Page 12 of 16 provisions of Public Resources Code section 21083.2(b), (c)and (d). 40. CUL-211' human remains and/or "grave goods" (i.e., funerary objects) are found within the Project area, the City or its designee shall notify the San Bernardino County coroner as soon as possible, in any event not later than 24 hours after the time of discovery. The coroner shall determine whether or not the circumstances, manner, and cause of death require further investigation as a crime scene. If not, the coroner shall endeavor to determine if the remains are Native American. This shall be accomplished in consultation with a physical anthropologist, human osteologist, or other qualified specialist. If the coroner determines that the remains are Native American and not evidence of a crime, he/she shall contact the Native American Heritage Commission (NAHC) per CH&SC §7050.5(b). The NAHC would then immediately Identify the persons or Tribe it believes to be to be most likely descended from the deceased Native American. With the permission of the landowner, the most likely descendant(MLD) may inspect the site of the discovery and recommend means for treating or disposing of the human remains and any associated grave goods with appropriate dignity. The MLD shall complete the inspection and make a recommendation within 48 hours of notification by the NAHC. If the NAHC is unable to identify an MLD, or if the MILD fails to make a recommendation, or if the landowner rejects the IVILD's recommendation and mediation by the NAHC fails to provide measures acceptable to the landowner, the landowner shall reinter the human remains and any associated items with appropriate dignity on the property in a location not subject to further subsurface disturbance(PRC §5097.98). If the human remains are not those of a Native American, the City shall consult with the coroner, a biological anthropologist or human osteologist, and a qualified historical archaeologist to develop an appropriate plan for treatment and to determine if historical research, further archaeological excavations, and/or other studies may be necessary before a treatment plan can be finalized. Also, if the remains are those of an identifiable individual and not evidence of a crime, the City shall notify the next-of-kin, who may wish to influence or control the subsequent disposition of the remains. If the next-of-kin (for non-Indian remains) or MLD so requests, the City shall coordinate discussions among concerned parties to determine if reburial at or near the original site in a location not subject to further disturbance is feasible. If a proximate reburial location is not feasible, then the City may continue to coordinate discussions until a final disposition of the remains is decided upon. Planned Development No. 2 Conditions of Approval Page 13 of 16 Following the initial discovery and identification of any human remains, funerary objects, sacred objects, or objects of cultural patrimony within the Project area, no further archaeological excavation, recording, or analysis of such remains and/or objects shall occur until after the MLD has made a recommendation to the landowner with respect to the disposition of the remains and/or objects. Thereafter, the City shall take into account the recommendation of the MLD, and shall decide on the nature of any archaeological excavation, recording, or analysis to be done of the discovered remains and/or funerary objects. 41. GEO-1 A geotechnical investigation shall be required to be conducted by a qualified professional engineer or geologist to determine the design of the foundation and building. The site investigation shall include information on the soil type and be monitored by the Development Services Department, Building and Safety Division, and submitted prior to approval of the grading plan. The design requirement from this investigation shall be sufficient to ensure that the foundation and structure remain standing following exposure to the Maximum Credible Earthquake and be protective of employees working within the structure. 42. GEO-2 The applicant shall be required to include a Soil Erosion Control Plan as part of the Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP) for the project site. This section of the SWPPP/WQMP shall include measures designed to control wind and water erosion on the site during and after construction. These Best Management Practices shall include measures including landscaping, hardscaping and incorporation of site retention facilities to reduce the volume of stormwater runoff, minimize soil exposed to concentrated runoff and infiltrate surface runoff on the project site in accordance with the City's Stormwater Management ordinance (Section 15.54.160 of the municipal code. These best management practices shall be monitored by the Municipal Utilities and Engineering Services Department and the Building & Safety Division of the Development Services Department to verify effectiveness during construction and future occupancy. 43. GEO-3 All permanent landscaping shall be installed prior to final occupancy, and, following construction, disturbed soils shall be landscaped, or otherwise treated (covered with gravel, mulch or hardscape, to protect soils from wind and water erosion; to be monitored by the Development Services Department, Planning Division, and satisfied prior to occupancy of the project. 44. HAZA Prior to site grading, conduct a Phase 11 level Environmental Site Assessment in accordance with ASTM test E1903, or other ASTM guideline as appropriate, to determine if toxic material is present in the fill arid/or toxic levels of pesticides and fertilizers are present in site soils. In the event that contaminated soil or materials are encountered during excavation or other Planned Development No. 2 Conditions of Approval Page 14 of 16 ground disturbing activities, the soil would be segregated, sampled, and tested to determine appropriate treatment and disposal options. If the soil is classified as hazardous, it would be properly managed on location (such as blending of additional fill material or collected transported in accordance with USDOT regulations using a Uniform Hazardous Waste Manifest to a Class I Landfill or other appropriate soil treatment or recycling facility. All hazardous materials would be transported, used, and disposed of in accordance with applicable rules, regulations. If any contamination exceeding thresholds are encountered at the site, this contamination shall be remediated to current standards for the contaminant prior to initiating project construction activities at the project site. 45. HYD-1 The project shall be required to comply with all requirements of the NPDES permit issued by the Santa Ana Regional Water Quality Control Board and the City of Redlands. The project shall also provide the appropriate Best Management Practices (BMPs) within the project site to stop "first flush" of accumulated pollutants from entering the City storm drain system. The project- specific BMPs may also incorporate other measures such as bio-swales in planter areas which can also eliminate the "first flush" of accumulated pollutants on street surfaces. BMPs can include onsite bio-swales, infiltration trenches, treatment units and detention basins that will reduce pollutant levels from onsite runoff to meet as defined in Municipal Code section 15.54.160. The specific mix of BMPs will be reviewed and approved by the City. 46. HYD-2 The applicant shall be required to comply with the submitted Water Quality Management Plan (WOMP) prepared in accordance with Santa Ana Regional Water Quality Control Board guidelines to be reviewed and approved by the City prior to issuance of a grading permit. BMPs can include onsite bio- swales, infiltration trenches, treatment units and detention basins that will reduce pollutant levels from onsite runoff to meet as defined in Municipal Code section 15.54.160. The specific mix of BMPs will be reviewed and approved by the City. 47. HYD-3 The project will be required to develop an onsite stormwater facility plan that will achieve runoff volume control from the project site consistent with the backbone system identified in the EVCSP and EVCSP EIR. This system shall also include facilities to achieve pollutant reductions defined in Municipal Code section 15.54.160. The City shall review and approve the facility plan prior to initiating grading. 48. NOI-1 All grading and construction activities shall be limited to the hours from 7:00 a.m. to 6:00 p.m., Monday through Friday and prohibited on Sundays and Federal Holidays; to be monitored by the Development Services Department, Building & Safety Division and Planning Division, and satisfied during construction of the project. All mobile or stationary internal combustion engine Planned Development No. 2 Conditions of Approval Page 15 of 16 powered equipment or machinery shall be equipped with exhaust and air intake silencers in proper working order, or suitable to meet the standards set forth herein. 49. TRA-1 Sight distance at each access shall be reviewed with respect to Caltrans Design Manual for intersection design standards and City of Redlands standards in conjunction with the preparation of final grading, landscape and street improvements plans; to be monitored by the Municipal Utilities and Engineering Services Department and the Planning Division of the Development Services Department and satisfied prior to approval of the construction plans. 50. TRA-20nsite traffic signing and striping shall be required to be implemented in conjunction with detailed construction plans and shall include stop signs at each egress driveway from the project site; to be monitored by the Municipal Utilities and Engineering Services Department and the Planning Division of the Development Services Department and satisfied prior to approval of the construction plans. 51. AGRAThe project developer will fund acquisition of farmland or farmland conservation easements at a ratio of 0.50/1. Based on the 50 acre area of the project site, a total of 25 acres of prime agricultural land or conservation easements over 25 acres of prime agricultural land shall be acquired and permanently protected. The prime agricultural land or the conservation easement shall be acquired and made available to an existing farmland trust or comparable organization within one year of occupancy of the project site. The City C - concludes that implementation of this measure provides-. reasonable mitigation based on the magnitude of the impact pursuant State CEQA Guidelines Section 15370. 52. The site developer to enter into an agreement to return all Native American ceremonial items and items of Soboba cultural patrimony to the Band. Disposition of any other cultural artifacts will be based on the recommendations of the professional archaeologist and Native American monitor. As part of the agreement between the developer and the Soboba Band, all Native American ceremonial and cultural artifacts will be returned to the Band if requested. The applicant shall allow the Soboba Band to inspect the site of any accidental subsurface discovery and make determinations and recommendations regarding human remains and grave goods to ensure they will be treated and disposed of with appropriate dignity. Planned Development No. 2 Conditions of Approval Page 16 of 16 The reburial of any human remains shall be completed in compliance with CPRC 5097.98 (a)and (b)and in consultation with the developer. The developer shall accommodate on-site reburial at a mutually agreed upon location of any Native American human remains or ceremonial material. Any"grave goods!' encountered through accidental discovery of Native American human remains shall be treated in the same manner as human bone fragments or bones that remain intact. 53. The planting of shrubs shall be used at the end of all aisle and finger planters in the parking lot and along the south and west elevations of the building, subject to review and approval by Planning Staff. Oscar Orci, Development Services Director