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Home My WebLink About2006/06/07 - Agenda Packet 5:30 p.m. 7:00 p.m. THE CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 AGENDAS . Redevelopment Agency . City Council REGULAR MEETINGS 1st and 3rd Wednesdays ~ 7:00 p.m. JUNE 7,2006 AGENCY" BOARD & CITY COUNCIL MEMBERS William J. Alexander.................... Mayor Diane Williams............... Mayor Pro Tem Rex Gutierrez.......................... ..Member L. Dennis Michael......................Member Sam Spagnolo.......... ............... Member Jack Lam......................... City Manager James L. Markman.............City Attorney Debra J. Adams..................... City Clerk ORDER OF BUSINESS Closed Session. . . . . . . . . . . . . . . . . . . . Tapia Conference Room Regular Redevelopment Agency Meeting. .. Council Chambers Regular City Council Meeting. . . . . . . . . . . .. Council Chambers INFORMATION FOR THE PUBLIC fa RANCHO CUCAMONGA TO ADDRESS THE CITY COUNCIL The City Council encourages free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the City Council on any agenda item. Please sign in on the clipboard located at the desk behind the staff table. It is important to list your name, address and phone number. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Communications". There is opportunity to speak under this section at the beginning and the end of the agenda. Any handouts for the City Council should be given to the City Clerk for distribution. To address the City Council, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. All items to be placed on a City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's office receives all such items. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter and the Public Library. A complete copy of the agenda is also available at the sign in desk located behind the staff table during the Council meeting. LIVE BROADCAST Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11 :00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers Located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of City Council agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us II If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. CITY COUNCIL AGENDA JUNE 7, 2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 1 RANCHO CUCAMONGA 1. Roll Call: Alexander _' Gutierrez_, Michael _' Spagnolo _' and Williams This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Check Register dated May 10 through May 30, 2006 and Payroll ending May 30, 2006, for the total amount of $6,486,848.80. 1 2. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the Beryl Street Storm Drain Improvements and Pavement Rehabilitation from Alta Loma Drive to Sunflower Street, to be funded from Drainage Funds, Acct. No. 11123035650/1505112. 38 RESOLUTION NO. 06-159 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "BERYL STREET STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM AL TA LOMA DRIVE .TO SUNFLOWER STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS CITY COUNCIL AGENDA JUNE 7, 2006 -7:00 JP.M. THE MEETING TO BE HELD IN THE COUNCIL CIHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIIVE 2 3. Approval for a single source purchase of Mity-Lite furniture for Central Park with Mity-Lite of Orem, Utah, in the amount of $21,116.07 and approval to appropriate $21,116.07 to Acct. No. 1120305-5200 from Allocated Project Funds. 44 4. Approval to purchase two (2) Ford Escape Hybrids for the Integrated Waste Management Division from Fairway Ford of Placentia, CA., in the amount of $52,818.42, per RFB#05/06-006, from Fund 1188313- 5604 (Capital Ou.tlay-Vehicles). 5. Approval to award the purchase of one (1) John Deere 4720 compact utility tractor, with options, from R.D.O. Equipment, utilizing California Multiple Award Schedule (CMAS) Contract No. 4-96-37-000/A, in the amount of $33,935.86, to be funded from Acct. No. 1848303-5603, and two (2) progator 2020 utility vehicles from AA Equipment, utilizing California Multiple Award Schedule (CMAS) Contract No. 4-01-23- 0007/A, in the amount of $33,695.58, to be funded from Acct. Nos. 1712001-5603 ($16,847.79) and 1848303-5603 ($16,847.79). 48 49 6. Approval to award a single source contract to UPSCO Powersafe Systems, Inc. of Upland for the replacement of the uninterrupted power supply at the Civic Center in the amount of $137,369.00, plus a ten percent (10%) contingency of $13,737.00, for a total of $151,106.00, to be funded from 1025001-5603; and approval to appropriate $151,106.00 from the Capital Reserve Fund balance into Acct. No. 1025001-5603. 51 7. Approval to award a single source contract to Global Presenters for purchase of projectors for the Council Chambers, Rains Conference Room and for City loaner pool in the amount not to exceed $33,000 from Capital Outlay/Computer Equipment, Acct. No. 17'14001-5605. 53 8. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 7778 Valle Vista, located on the west side of Valle Vista North of Camino Sur, submitted by Katona Built, LLC. 54 RESOLUTION NO. 06-160 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. l' AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 7778 VALLE VISTA (APN: 0207-061-17) 9. Approval of a Public Convenience or Necessity Determination - DRC2006-00428 - Schriver Wines, Inc. for Winestyles - A request for a Public Convenience or Necessity Determination for at Type 20 - Off- Sale Beer and Wine License and a Type 42 - On-Sale Beer and Wine License for a wine retail establishment that also offers regular wine tasting events in the Mixed Use District, located on the southwest corner of Haven Avenue and Foothill Boulevard - APN: 208-331-37. 65 CITY COUNCIL AGENDA JUNE 7, 2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 3 RESOLUTION NO. 06-16.1 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2006-00428 FOR A WINE RETAIL ESTABLISHMENT THAT ALSO OFFERS REGULAR WINE TASTING EVENTS IN THE MIXED USE DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD - APN: 208-331-37 10. Approval of a request by Alta Loma and Citrus Little Leagues and District 21 for a light variance requested for Minor, Major, Junior and Senior Division All-Star Tournaments on June 26 - July 28, 006, at Heritage Community Park and Red Hill Community Park. 79 11. Approval of Map for Tract 17424, located at the terminus of Civic Center Drive, west of Haven Avenue, submitted by UDR Rancho Cucamonga, L.P., a Delaware Limited Liability Corporation. 84 RESOLUTION NO. 06-162 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 17424 12. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 38 and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 17303, located at the northwest corner of 4th Street and Haven Avenue, submitted by TPRFITHC Havenpark, LLC. 87 RESOLUTION NO. 06-163 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17303, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT CITY COUNCIL AGENDA JUNE 7, 2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 4 RESOLUTION NO. 06-164 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17303 13. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 38 and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 17318, located at the northeast corner of 4th Street and Utica Avenue, submitted by Investment Development Services, Inc. 99 RESOLUTION NO. 06-165 101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17318, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-166 102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17318 14. Approval to award a contract to IMPEX Technologies for storage area network hardware, maintenance, and training/implementation services in the amount of $214,684 under CMAS Contract Number 3-04-70- 0468H, to be funded as follows: $131,214 (Acct. No. 1714001-5605); $30,000 (Acct. No. 1001209-5605); $11,206 (Acct. No. 1001209- 5300); $1,616 (Acct. No. 1001209-5102); $2,479 (Acct. No. 1001209- 5200); and $38,169 (Acct. No. 2650801-5605/1357-6322 - RDA 2001 Tax Allocation Bond Fund); and approval of a budget transfer in the amount. of $30,000 from Acct. No. 1001209-5300 to Acct. No. 1001209-5605; and authorization to appropriate $46,214 into Acct. No. 1714001-5605 to provide for funding sources listed above. 112 15. Approval of a piggyback contract for the purchase of one new stencil truck from Roadline Products of Downey, California, in the amount of $98,587.65, to be funded from Acct. No. 1712001-5604 (Vehicle Replacement Fund), as approved in the FY 2005/06 budget; authorize the appropriation and expenditure of $1,087.65 from the Vehicle Replacement Fund Balance into Acct. No. 1712001-5604. 114 ........ ,..-----..--.-.-.--.. CITY COUNCIL AGENDA JUNE 7,2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 5 16. Approval of an amendment to agreement for legal services with Richards, Watson & Gershon (CO 86-055). 115 17. Approval of a Community Facilities District Reimbursement Agreement with William Lyon Homes, Inc. (Vintners Grove) (CO 06- 054). 116 18. Approval of a Professional Services Agreement with Best, Best and Krieger (CO 06-055) for bond counsel and disclosure counsel services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $25,000 for formation services and not to exceed $60,000 for debt issuance services, to be funded by the project developer. 118 19. Approval of a Professional Services Agreement with Bruce Hull & Associates (CO 06-056) to perform appraisal services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $15,000, to be funded by the project developer. 120 20. Approval of a Professional Services Agreement with Empire Economics (CO 06-057) to perform market absorption services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $14,250, to be funded by the project developer. 122 21. Approval of a Professional Services Agreement with Fieldman Rolapp & Associates (CO 06-058) for financial advisor services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $20,000 for formation services and not to exceed $31,000 for debt issuance services, to be funded by the project developer. 124 22. Approval of a Professional Services Agreement with David Taussig & Associates (CO 06-059) to perform special tax consultant services in conjunction with a proposed Community Facilities District (Vintners Grove) in an amount not to exceed $50,000, to be funded by the project developer. 126 23. Approval of a Community Facilities District Reimbursement Agreement with William Lyon Homes, Inc. (Amador on Route 66) (CO 06-060). 129 24. Approval of a Professional Services Agreement with Best, Best and Krieger (CO 06-061) for bond counsel and disclosure counsel services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $25,000 for formation services and not to exceed $55,000 for debt issuance services, to be funded by the project developer. 130 25. Approval of a Professional Services Agreement with Bruce Hull & Associates (CO 06-062) to perform appraisal services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $15,000, to be funded by the project developer. 132 ----------------.-...-.-..-.-.--- ----- CITY COUNCIL AGENDA JUNE 7,2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 6 RANCHO CUCAMONOA 26. Approval of a Professional Services Agreement with Empire Economics (CO 06-063) to perform market absorption services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $12,250, to be funded by the project developer. 134 27. Approval of a Professional Services Agreement with Fieldman Rolapp & Associates (CO 06-064) for financial advisor services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $20,000 for formation services and not to exceed $31,000 for debt issuance services, to be funded by the project developer. 136 28. Approval of a Professional Services Agreement with David Taussig & Associates (CO 06-065) to perform special tax consultant services in conjunction with a proposed Community Facilities District (Amador on Route 66) in an amount not to exceed $50,000, to be funded by the project developer. 138 29. Approval to accept the bids received and authorize the execution of the contract in the amount of $37,344 to the apparent low bidder, Coonstruction, Inc. (CO 06-066), and authorize the expenditure of a 10% contingency in the amount of $3,734.40 for the Bridge Maintenance and Rehab Project at Heritage Park, to be funded from Park Development Funds, Acct. No. 1120305-5650/1321120-0. 140 30. Approval to accept the bids received and authorize the execution of the contract in the amount of $98,550 to the apparent low bidder, J.D.C., Inc. (CO 06-067), and authorize the expenditure of a 10% contingency in the amount of $9,855 for the Base Line Road Street Light and Sidewalk Improvement Project, to be funded from Transportation Funds, Acct. No. 1124303-5650/1442124-0 and CFD 2001-01 Funds, Acct. No. 1612303-5650/1442612-0 and appropriate an additional amount of $22,000 to Acct. No. 1124303-5650/1442124- o from Transportation Fund balance and $97,660 to Acct. No. 1612303-5650/1442612-0 from CFD 2001-01 Fund balance to supplement the construction contract cost, fully fund the Southern California Edison cost for installing the street lighting, and to fully fund the cost of the construction survey for the project. 144 31. Approval to accept the bids received and award and authorize the execution of a contract in the amount of $73,780 to the lowest responsible bidder, TDS Engineering (CO 06-068), for the installation of five (5) solar speed detection signs on five (5) poles; and authorize usage of the remainder of the available funding in the amount of $46,220 to purchase three (3) additional solar speed detection signs on three (3) poles from TDS Engineering for a total cost of $120,000 for the Solar Speed Detection Sign Project, to be funded from Capital Reserve Funds, Acct. NO.1 025001-5650/1530025-0. 148 32. Approval to release the Maintenance Guarantee Bond for DRC2001- 00572, located at 9649 Foothill Boulevard on the south side of Foothill Boulevard, east of Archibald Avenue, submitted by McDonald's Corporation. 151 - .--...................... --....... ............----...-...-.-.....--.. CITY COUNCIL AGENDA JUNE 7,2006 -7:00 P.M. 7 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE A 33. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2002-00264, located on the southwest corner of 6th Street and Utica Avenue, submitted by 6th Street & Utica, LLC. 153 RESOLUTION NO. 06-167 155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00264 AND AUTHORIZING THE FlUNG OF A NOTICE OF COMPLETION FOR THE WORK 34. Approval to release the Maintenance Cash Deposit for DRC2003- 00650, located on the southwest corner of Foothill Boulevard and Malachite Avenue, submitted by James & Maria Kypreos. 156 35. Approval to accept improvements, retain $1,150.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 16969, located on the west side of East Avenue north of Highland Avenue, submitted by Verizon California, Inc. 158 . RESOLUTION NO. 06-168 160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16969 AND AUTHORIZING THE FlUNG OF A NOTICE OF COMPLETION FOR THE WORK 36. Approval to release the Maintenance Guarantee Bond for Tract 14522, located on the south side of Vintage Drive, west of Day Creek Boulevard, submitted by Young California Homes, L.P. 161 37. Approval to release the Maintenance Guarantee Bond for Tract 16026, located on the west side of Amethyst Street, north of Valley View Street, submitted by Amethyst Estates, LLC. 163 38. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16335, located on the east side of East Avenue, north of Base Line Road, submitted by KB Home Greater Los Angeles, Inc. 165 RESOLUTION NO. 06-169 167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16335 AND AUTHORIZING THE FlUNG OF A NOTICE OF COMPLETION FOR THE WORK CITY COUNCIL AGENDA JUNE 7,2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 8 The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No Items Submitted. The following items have been advertised andlor posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00339 - CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to allow the development of land that contains a 30-percent slope within a mixed use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right of Way - APN: 0207-101-13, 01 and 34. Related Files: Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. 168 CONSIDERATION OF ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2004-00352 CHARLES JOSEPH ASSOCIATES - An application to amend the Development Code to allow the development of the land that contains a 30-percent slope within a mixed-use area within Subarea 1 of the Foothill District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13, 01 and 34. Related Files: General Plan Amendment DRC2004-00339, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. 168 RANCHO CUCAMONOA CITY COUNCIL AGENDA JUNE 7,2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 9 RESOLUTION NO. 06-170 424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00339 TO ALLOW THE DEVELOPMENT OF LAND THAT CONTAINS A 30-PERCENT SLOPE UNDER SPECIFIED CONDITIONS, INCLDUING LAND, WITHIN A MIXED USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAIL ROAD RIGHT-OF- WAY; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-101-13,01 AND 34 ORDINANCE NO. 762 (first reading) 431 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2004-00352, A REQUEST TO AMEND THE DEVELOPMENT CODE TO ALLOW THE DEVELOPMENT OF THE LAND THAT CONTAINS A 30-PERCENT SLOPE UNDER SPECIFIED CIRCUMSTANCES, INCLUDING LAND WITHIN A MIXED-USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, AND MAKING FINDINGS IN SUPPPORT THEREOF 2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-01197 - PITASSI ARCHITECTS. INC. - A request to Amend the General Plan Land Use Map from Open Space-Flood Control/Utility Corridor to Mixed Use with a Master Plan designation, amending the Parks and Recreation chapter, and the Flood Hazards chapter, for the development of 9 single-family detached residences, 126 multi-family residential units (14.77 acres) and 2 office buildings (3.66 acres) of one and two-story design totaling 44,782 square feet on a total net side area of 14.31 acres, located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: Development District Amendment DRC2005- 00001, Tentative Tract Map SUBTT17435, Tentative Parcel Map SUBTPM 17460, and Design Review DRC2005-0071. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. 439 .........--.-.. CITY COUNCIL AGENDA JUNE 7,2006 -7:00 P.M. 10 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE :A DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 - PITASSI ARCHITECTS, INC. - A request to change the Development District Map from Flood Control to Mixed Use on property on a total net site area of 14.31 acres, located on the south side of Church Street between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Tentative Tract Map SUBTT17435, Tentative Parcel Map SUBTPM17460 and Design Review DRC2004-00071. 439 RESOLUTION NO. 06-171 666 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-01197, CHANGING THE GENERAL PLAN LAND USE MAP FROM OPEN SPACE-FLOOD CONTROL/UTILITY CORRIDOR TO MIXED USE, WITH A MASTER PLAN DESIGNATION, AMENDING THE PARKS AND RECREATION CHAPTER AND THE FLOOD HAZARDS CHAPTER FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET, BETWEEN CENTER AVENUE AND HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-35 AND 36 ORDINANCE NO. 763 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 TO AMEND THE DEVELOPMENT DISTRICT MAP FROM FLOOD CONTROL TO MIXED USE FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN HAVEN AVENUE AND CENTER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-35 AN D 36 673 3. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 676 -......... ....................---------.....-...............--.----.--........................--... CITY COUNCIL AGENDA JUNE 7, 2006 -7:00 P.M. 11 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE A RESOLUTION NO. 06-172 678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. CONSIDERATION TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITHOUT AN INCREASE TO THE CURRENT RATE. RESOLUTION NO. 06-173 -681 683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2006-2007 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS 2. CONSIDERATION OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA). AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITHOUT AN INCREASE TO THE CURRENT RATE. 694 CITY COUNCIL AGENDA JUNE 7, 2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 12 RESOLUTION NO. 06-174 696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS 3. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LEVELS WITH NO INCREASE. 699 RESOLUTION NO. 06-175 701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) 4. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITHOUT AN INCREASE TO THE CURRENT RATE. 710 RESOLUTION NO. 06-176 712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) 5. CONSIDERATION TO SET ANNUAL SPECIAL TAX. FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITHOUT AN INCREASE TO THE CURRENT RATE. RESOLUTION NO. 06-177 719 721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 6. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK). 728 CITY COUNCIL AGENDA JUNE 7,2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 13 RESOLUTION NO. 06-178 730 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) 7. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A WITHOUT AN INCREASE TO THE APPROVED RATE. 737 RESOLUTION NO. 06-179 740 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A 8. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO.3, ZONE 7, SERIES 2001-B WITHOUT AN INCREASE TO THE APPROVED RATE. 754 RESOLUTION NO. 06-180 756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NO.3, ZONE 7), SERIES 2001-B 9. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO.1, ZONES 1, 2 & 3), SERIES 2003-A. RESOLUTION NO. 06-181 763 765 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NO.1, ZONES 1, 2, & 3), SERIES 2003-A CITY COUNCIL AGENDA JUNE 7, 2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 14 10. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO.2, ZONES 1 & 2), SERIES 2003-B. RESOLUTION NO. 06-182 775 777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLlSHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NO.2, ZONES 1 & 2), SERIES 2003-8 11. CONSIDERATION OF LEVY OF SPECIAL TAX "8" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007 TO FINANCE THE OPERATION AND MAINTENANCE OF PARK AND PARKWAYS. RESOLUTION NO. 06-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "8" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007 TO FINANCE THE OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS 785 787 12. CONSIDERATION OF LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007. RESOLUTION NO. 06-184 795 797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007 13. CONSIDERATION OF THE ISSUANCE OF THE CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) 2006 SPECIAL TAX BONDS AND APPROVAL OF THE FORMS OF THE FISCAL AGENT AGREEMENT (CO 06-069), BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER TRANSACTIONAL DOCUMENTS. 810 CITY COUNCIL AGENDA JUNE 7,2006 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 15 RESOLUTION NO. 06-185 817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF FISCAL AGENT AGREEMENT, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS 14. PRESENTATION ON NEIGHBORHOOD CLEAN-UP DAY (Oral) I. The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. LEGISLATIVE UPDATE (Oral) 2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 1, 2006, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236540 5/10/2006 A AND R TIRE SERVICE AP - 00236541 5/1 0/2006 ABC WINDOW COMPANY INe. AP - 00236542 5/10/2006 ARK 0 SIGNS AP - 00236543 5/10/2006 AA EQUIPMENT RENTALS CO INC AP - 00236543 5/10/2006 AA EQUIPMENT RENTALS CO INC AP - 00236543 5/10/2006 AA EQUIPMENT RENTALS CO INC AP - 00236543 5/10/2006 AA EQUIPMENT RENTALS CO INC AP - 00236544 5/10/2006 ABC LOCKSMITHS AP - 00236544 5/1 0/2006 ABC LOCKSMITHS AP - 00236544 5/10/2006 ABC LOCKSMITHS AP - 00236544 5/10/2006 ABC LOCKSMITHS AP - 00236545 5/1 0/2006 ABLAC AP - 00236546 5/10/2006 ABLETRONICS AP - 00236546 5/10/2006 ABLETRONICS AP -00236547 5/10/2006 ACCELA INC AP - 00236549 5/10/2006 ADVANCED UTILITY SYSTEMS CORP. AP - 00236549 5/10/2006 ADVANCED UTILITY SYSTEMS CORP. AP - 00236550 5/10/2006 AIR CONTROLLED ENVIRONMENTS AP - 00236552 5/10/2006 ALPHAGRAPHICS AP - 00236553 5/10/2006 ALTAFIRE EQUIPMENT CO AP - 00236556 5/10/2006 AMERICAN CONTRACTING INC. AP - 00236557 5/10/2006 AMERICAN HOME REMODELING AP - 00236557 5/10/2006 AMERICAN HOME REMODELING AP - 00236558 5/10/2006 AMERICAN ROTARY BROOM CO. INe. AP - 00236558 5/10/2006 AMERICAN ROTARY BROOM CO. INe. AP - 00236559 5/10/2006 AMTECH ELEVATOR SERVICES AP - 00236559 5/10/2006 AMTECH ELEVATOR SERVICES AP - 00236560 5/10/2006 ARAMARK UNIFORM SERVICES AP - 00236561 5/10/2006 ARBOR NURSERY PLUS AP - 00236562 5/10/2006 ARCHIBALD VENTURES LLC AP - 00236562 5/10/2006 ARCHIBALD VENTURES LLC AP - 00236562 5/10/2006 ARCHIBALD VENTURES LLC AP - 00236562 5/10/2006 ARCHIBALD VENTURES LLC AP - 00236563 5/1 0/2006 ARCHITERRA DESIGN GROUP AP - 00236564 5/1 0/2006 ARROWHEAD CREDIT UNION AP - 00236564 5/1 0/2006 ARROWHEAD CREDIT UNION AP - 00236564 5/10/2006 ARROWHEAD CREDIT UNION AP - 00236564 5/10/2006 ARROWHEAD CREDIT UNION AP - 00236565 5/10/2006 ASSI SECURITY AP - 00236566 5/10/2006 ASTRUM UTILITY SERVICES AP - 00236566 5/10/2006 ASTRUM UTILITY SERVICES AP - 00236567 5110/2006 AUTO BODY AP - 00236568 5/1 0/2006 BAND K ELECTRIC WHOLESALE AP - 00236568 5/1 0/2006 BAND K ELECTRIC WHOLESALE AP - 00236569 5/10/2006 BASAT, SHAPIRO-BEN AP - 00236569 5/10/2006 BASAT, SHAPIRO-BEN AP - 00236569 5/10/2006 BASAT, SHAPIRO-BEN AP - 00236569 5/10/2006 BASAT, SHAPIRO-BEN AP - 00236570 5/10/2006 BD SYSTEMS INC AP - 00236571 5/10/2006 BUTSKO UTILITY DESIGN INC AP - 00236574 5/10/2006 CALIFORNIA, STATE OF AP - 00236576 5/10/2006 CALIFORNIA, STATE OF AP - 00236577 5/10/2006 CALIFORNIA, STATE OF AP - 00236578 5/10/2006 CAMERON WELDING SUPPLY User: KFINCHER - Karen Fincher Page: 1 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 4,882.15 74.41 21.35 168.97 353.26 172.74 30.24 4,737.15 15.95 64.87 150.00 16.39 19.40 69.10 6,193.29 9,618.00 10,382.00 4,788.67 224.66 87.58 13.24 99.22 37.32 396.06 461.15 146.31 195.97 3.35 155.88 250.00 1,000.00 1,000.00 15,000.00 4;200.00 516.47 165.34 59.62 1,306.41 210.00 6,255.00 8,365.00 495.37 81.10 28.90 25,669.50 -283.55 2,835.48 -2,566.95 10,600.00s7,529.03 1,262.86 117 .14 125.00 36.42 Current Date: 05/31/: 1. Time: 145 CITY OF RANCHO CUCAMONGA A2:enda Check Re2:ister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236578 5/10/2006 CAMERON WELDING SUPPLY AP - 00236580 5/10/2006 CHAFFEY JOINT UNION HS DISTRICT AP - 00236581 5/10/2006 CITY RENTALS AP - 00236581 5/10/2006 CITY RENTALS AP - 00236582 5/10/2006 CLABBY, SANDRA AP - 00236583 5/10/2006 CLARKE PLUMBING SPECIALTIES INe. AP - 00236584 5/10/2006 CLOUD, DON AP - 00236585 5/10/2006 COAST RECREATION INC AP - 00236586 5/10/2006 COLTON TRUCK SUPPLY AP - 00236587 5/10/2006 CONDOMINIUM MANAGEMENT AP - 00236588 5/10/2006 CONSOLIDATED ELECTRICAL DISTRIBUTORS] AP - 00236588 5/10/2006 CONSOLIDATED ELECTRICAL DISTRIBUTORS] AP - 00236589 5/10/2006 COPP CRUSHING CORP, DAN AP - 00236589 5/10/2006 COPP CRUSHING CORP, DAN AP - 00236590 5/10/2006 CREATIVE CATERING AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 0.0236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA V ALLEY WATER DISTRICT AP - 00236593 5/10/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00236593 5/1 0/2006 CUCAMONGA VALLEY WATER DISTRICT User: KFINCHER - Karen Fincher Page: 2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 32.86 1,458.08 401.00 805.85 1,000.00 56.73 540.00 621.92 43.19 63.99 465.48 12.41 57.00 109.00 2,762.44 108.19 114.46 66.68 62.55 450.72 25.21 25.21 145.93 110.71 259.30 1,277.78 141.14 188.59 273.44 39.98 156.67 90.58 51.30 306.66 114.52 37.46 18.40 84.04 256.94 483.40 82.78 148.51 138.78 36.80 68.90 216.37 79.27 215.24 124.59 205.17 358.69 139.33 205.88 584.98 Current Date: 05/31/: 1 Time: 14:5' ------ -- ---- --- --- ----- CITY OF RANCHO CUCAMONGA A2:enda Check Re2:ister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 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00236603 5/10/2006 EFTYCHIOU, AUDREY 150.00 AP - 00236604 5/1 0/2006 ELLISON-SCHNEIDER & HARRIS L.L.P. 13,442.07 AP - 00236605 5/1 0/2006 EMERGENCY MEDICAL PRODUCTS 342.65 AP - 00236606 5/1 0/2006 EMPLOYMENT DEVELOPMENT DEPT. 4,509.00 User: KFINCHER - Karen Fincher Page: 3 Current Date: 05/31/: Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout :3 Time: 14:5 -------- ---- CITY OF RANCHO CUCAMONGA A2:enda Check Re2:ister 5/10/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236608 5/10/2006 ENVIRONMENTAL RECOVERY SERVICES INe. AP - 00236609 5/10/2006 ESPINO'S COP SHOP INC AP - 00236609 5/1 0/2006 ESPINO'S COP SHOP INC AP - 00236609 5/10/2006 ESPINO'S COP SHOP INC AP - 00236610 5/10/2006 EWING IRRIGATION PRODUCTS AP - 00236610 5/10/2006 EWING IRRIGATION PRODUCTS AP - 00236610 5/10/2006 EWING IRRIGATION PRODUCTS AP - 00236610 5/10/2006 EWING IRRIGATION PRODUCTS AP - 00236610 5/10/2006 EWING IRRIGATION PRODUCTS AP - 00236611 5/10/2006 EXPRESS BRAKE SUPPLY AP - 00236612 5/10/2006 FASTENAL COMPANY AP - 00236612 5/10/2006 FASTENAL COMPANY AP - 00236613 5/10/2006 FEDERAL EXPRESS CORP AP - 00236613 5/10/2006 FEDERAL EXPRESS CORP AP - 00236613 5/10/2006 FEDERAL EXPRESS CORP AP - 00236613 5/10/2006 FEDERAL EXPRESS CORP AP - 00236613 5/10/2006 FEDERAL EXPRESS CORP AP - 00236613 5/10/2006 FEDERAL EXPRESS CORP AP - 00236614 5/10/2006 FENCE CRAFT OF UPLAND INC AP - 00236614 5/10/2006 FENCE CRAFT OF UPLAND INC AP - 00236615 5/10/2006 FINESSE PERSONNEL ASSOCIATES AP - 00236615 5/10/2006 FINESSE PERSONNEL ASSOCIATES AP - 00236615 5/10/2006 FINESSE PERSONNEL ASSOCIATES AP - 00236616 5/10/2006 FORD OF UPLAND INC AP - 00236616 5/10/2006 FORD OF UPLAND INC AP - 00236616 5/10/2006 FORD OF UPLAND INC AP - 00236617 5/1012006 FOREVER STAINLESS STEEL AP - 00236620 5/10/2006 FULLMER CONSTRUCTION AP - 00236620 5/1 0/2006 FULLMER CONSTRUCTION AP - 00236621 5/1 0/2006 GARCIA, VIVIAN AP - 00236622 5/1 0/2006 GA YLORD BROTHERS AP - 00236623 5/10/2006 GEOGRAPHlCS AP - 00236623 5/10/2006 GEOGRAPHlCS AP - 00236624 5/10/2006 GRADY, MERRILL AP - 00236625 5/10/2006 GRAINGER AP - 00236625 5/10/2006 GRAINGER AP - 00236625 5/10/2006 GRAINGER AP - 00236625 5/1 0/2006 GRAINGER AP - 00236627 5/1 0/2006 HALL & FOREMAN INe. AP - 00236628 5/10/2006 HANSON, BARRYE AP - 00236629 5/10/2006 HELZBERG DIAMONDS AP - 00236630 5/10/2006 HI STANDARD AUTOMOTIVE AP - 00236632 5/1 0/2006 HOLLIDAY ROCK CO INC AP - 00236632 5/10/2006 HOLLIDAY ROCK CO INC AP - 00236632 5/1 0/2006 HOLLIDAY ROCK CO INC AP - 00236632 5/1 012006 HOLLIDAY ROCK CO INC AP - 00236632 5/1 0/2006 HOLLIDAY ROCK CO INC AP - 00236632 5/10/2006 HOLLIDAY ROCK CO INC AP - 00236633 5/10/2006 HOLT'S AUTO ELECTRIC INC AP - 00236634 5/10/2006 HOME DEPOT CREDIT SERVICES AP - 00236634 5/10/2006 HOME DEPOT CREDIT SERVICES AP - 00236634 5/10/2006 HOME DEPOT CREDIT SERVICES AP - 00236635 5/10/2006 HOYT LUMBER CO., SM AP - 00236636 5/10/2006 HULS ENVIRONMENTAL MGT LLC User: KFINCHER - Karen Fincher Page: 4 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 508.82 895.80 61.20 895.80 209.86 147.75 431.99 474.85 106.75 27.54 149.35 122.03 18.17 14.90 19.04 12.22 12.22 12.22 77.58 43.27 739.53 651.00 396.61 77.54 80.55 -4.31 3,131.13 1,000.00 1,000.00 29.37 31.86 272.61 12,855.70 307.30 16.42 31.72 65.94 164.86 96.05 1,980.00 1,350.00 554.23 472.97 440.70 503.84 463.01 779.96 538.75 484.88 198.04 72.31 13.98 52.80 7,145.00 Current Date: 05/31/: ,4 Time: 14:5' CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236637 5/10/2006 HYDROSCAPE PRODUCTS INC AP - 00236637 5/10/2006 HYDROSCAPE PRODUCTS INC AP - 00236637 5/10/2006 HYDROSCAPE PRODUCTS INC AP - 00236638 5/10/2006 IBM CORPORATION AP - 00236639 5/10/2006 INLAND EMPIRE BUILDERS AP - 00236640 5/10/2006 INLAND EMPIRE MAGAZINE AP - 00236642 5/10/2006 INTERNATIONAL CODE COUNCIL AP - 00236643 5/10/2006 INTERNATIONAL FOOTPRINT ASSOCIATION AP - 00236643 5/10/2006 INTERNATIONAL FOOTPRINT ASSOCIATION AP - 00236643 5/10/2006 INTERNATIONAL FOOTPRINT ASSOCIATION AP - 00236643 5/1 0/2006 INTERNATIONAL FOOTPRINT ASSOCIATION AP - 00236644 5/1 0/2006 INTRA V AlA ROCK AND SAND INC AP - 00236645 5/10/2006 J D C INC AP - 00236646 5/10/2006 JONES AND MAYER, LAW OFFICES OF AP - 00236647 5/10/2006 JONES, BOB AP - 00236648 5/10/2006 KC PRINTING & GRAPHICS INC AP - 00236648 5/10/2006 KC PRINTING & GRAPHICS INC AP - 00236650 5/10/2006 KOTZIN AND ASSOCIATES, R AP - 00236651 5/10/2006 KRAZAN AND ASSOCIATES INC AP - 00236651 5/10/2006 KRAZAN AND ASSOCIATES INC AP - 00236652 5/10/2006 LAB SAFETY SUPPLY INC AP - 00236652 5/1 0/2006 LAB SAFETY SUPPLY INC AP - 00236653 5/10/2006 LAYNE, TAMARA AP - 00236654 5/10/2006 LDC CENTRAL PARK PLAZA LLC AP - 00236655 5/10/2006 LEAGUE OF CALIFORNIA CITIES AP - 00236656 5/10/2006 LEWIS DEVELOPMENT COMPANY AP - 00236659 5/1 0/2006 LUBRICATION ENGINEERS INC AP - 00236660 5/10/2006 MANELA, ROSIE AP - 00236660 5/1 0/2006 MANELA, ROSIE AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236661 5/10/2006 MARIPOSA HORTICULTURAL ENT INC AP - 00236662 5/10/2006 MARK CHRISTOPHER INC AP - 00236663 5/10/2006 MARKETPLACE PROPERTIES AP - 00236664 5/10/2006 MARSHALL PLUMBING AP - 00236664 5/10/2006 MARSHALL PLUMBING AP - 00236664 5/10/2006 MARSHALL PLUMBING AP - 00236664 5/10/2006 MARSHALL PLUMBING AP - 00236665 5/1 0/2006 MCMASTER CARR SUPPL Y COMPANY AP - 00236666 5/1 0/2006 MEGA FUME INC AP - 00236667 5/10/2006 MIDWEST TAPE AP - 00236669 5/10/2006 MOUNTAIN VIEW GLASS AND MIRROR INC AP - 00236670 5/10/2006 MOUNTAIN VIEW SMALL ENG REPAIR AP - 00236670 5/10/2006 MOUNTAIN VIEW SMALL ENG REPAIR AP - 00236670 5/10/2006 MOUNTAIN VIEW SMALL ENG REPAIR AP - 00236670 5/10/2006 MOUNTAIN VIEW SMALL ENG REPAIR User: KFINCHER - Karen Fincher Page: 5 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 237.02 189.76 187.57 11,362.44 96.50 1,095.00 54.49 20.00 20.00 20.00 20.00 80.00 6,200.00 3,051.71 2,560.00 331.99 1,055.95 513.35 865.00 170.00 785.25 68.19 65.51 10,000.00 35.00 2,500.00 659.43 27.77 108.14 10,011.06 2,627.00 114.45 3,681.56 5,078.68 1,263.37 9,093.84 3,464.17 17,462.73 130.61 8,801.15 641. 5 3 57.04 157.00 -39.25 311.56 -77.89 70.12 42.52 . 266.88 456.54 130.59 851.77 25.59 170.03 Current Date: 05/31/= 5 Time: 14:5< Check No. AP - 00236670 AP - 00236671 AP - 00236672 AP - 00236672 AP - 00236672 AP - 00236672 AP - 00236672 AP - 00236672 AP - 00236672 AP - 00236672 AP - 00236672 AP - 00236672 AP - 00236672 AP - 00236674 AP - 00236674 AP - 00236675 AP - 00236676 AP - 00236677 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236678 AP - 00236679 AP - 00236680 AP - 00236680 AP - 00236680 AP - 00236681 AP - 00236681 AP - 00236683 AP - 00236683 AP - 00236683 AP - 00236684 AP - 00236686 AP - 00236686 CITY OF RANCHO CUCAMONGA A2:enda Check Re2:ister 5/1 0/2006 through 5/30/2006 Check Date Vendor Name Amount 5/10/2006 MOUNTAIN VIEW SMALL ENG REPAIR 5/1 0/2006 MSA 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/10/2006 NAPA AUTO PARTS 5/1 0/2006 NATIONAL CRIME PREVENTION COUNCIL 5/10/2006 NATIONAL CRIME PREVENTION COUNCIL 5/10/2006 NATIONAL DEFERRED 5/10/2006 OCCUPATIONAL HEALTH CENTERS OF CALlFO 5/10/2006 OCLC INC 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/1012006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/1 0/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/1012006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/1012006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OFFICE DEPOT 5/10/2006 OMNITRANS 5/1 0/2006 ORKIN PEST CONTROL 5/10/2006 ORKIN PEST CONTROL 5/1 0/2006 ORKIN PEST CONTROL 5/1 0/2006 ORKIN PEST CONTROL 5/1 0/2006 ORKIN PEST CONTROL 5/10/2006 OWEN ELECTRIC INC 5/10/2006 OWEN ELECTRIC INC 5/1 012006 OWEN ELECTRIC INC 5/10/2006 PACIFIC OVERHEAD GARAGE DOORS 5/1 0/2006 PATTON SALES CORP 5/10/2006 PATTON SALES CORP 45.17 210.00 205.44 235.89 10.06 5.53 27.47 22.98 93.93 49.08 -97.72 7.38 97.72 652.50 59.25 20,358.87 2,445.00 42.92 259".15 27.89 1,872.70 2,281.05 18.65 2,268.78 193.55 47.55 34.49 37.54 8.02 123.32 113.74 61.26 12.76 70.47 44.31 86.63 528.50 108.59 53.15 234.64 68.31 90.29 960.50 842.55 756.00 86.55 79.80 128.00 42.10 599.00 26.89 550.00 28.12 72.90 Current Date: 05/31/: ft,. Time: 14:5 User: KFINCHER - Karen Fincher Page: 6 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236686 5/10/2006 PATTON SALES CORP AP - 00236687 5/10/2006 PEACOCK SYSTEMS AP - 00236687 5/1 0/2006 PEACOCK SYSTEMS AP - 00236687 5/1 0/2006 PEACOCK SYSTEMS AP - 00236687 5/10/2006 PEACOCK SYSTEMS AP - 00236688 5/10/2006 PENINSULA LIBRARY SYSTEM AP - 00236689 5/10/2006 PHONG, BRYAN AP - 00236691 5/10/2006 PMI AP - 00236692 5/10/2006 PORT SUPPLY AP - 00236693 5/1 0/2006 POUK AND STEINLE INC. AP - 00236693 5/10/2006 POUK AND STEINLE INe. AP - 00236693 5/10/2006 POUK AND STEINLE INC. AP - 00236693 5/10/2006 POUK AND STEINLE INC. AP - 00236693 5/10/2006 POUK AND STEINLE INe. AP - 00236693 5/1 0/2006 POUK AND STEINLE INe. AP - 00236694 5/10/2006 PRE-PAID LEGAL SERVICES INC AP - 00236696 5/10/2006 PYRO SPECTACULARS INC AP - 00236698 5/1 0/2006 RAND R AUTOMOTIVE AP - 00236698 5/1 0/2006 RAND R AUTOMOTIVE AP - 00236698 5/1 0/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND RAUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND RAUTOMOTIVE AP - 00236698 5/10/2006 RAND RAUTOMOTIVE AP - 00236698 5/1 0/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND RAUTOMOTIVE AP - 00236698 5/10/2006 RAND RAUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP ,- 00236698 5/1 0/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND R AUTOMOTIVE AP - 00236698 5/1 0/2006 RAND R AUTOMOTIVE AP - 00236698 5/1 0/2006 RAND R AUTOMOTIVE AP - 00236698 5/10/2006 RAND RAUTOMOTIVE AP - 00236698 5/10/2006 RAND RAUTOMOTIVE AP - 00236699 5/1 0/2006 RANCHO CUCAMONGA FAMILY YMCA AP - 00236702 5/10/2006 RCPFA AP - 00236703 5/10/2006 RED WING SHOE STORE AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON AP - 00236704 5/1 0/2006 RICHARDS WATSON AND GERSHON AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON User: KFINCHER - Karen Fincher Page: 7 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout -59.05 85.00 170.00 47.41 261.83 75.00 80.00 1,134.00 167.31 46,594.22 21,985.38 6,236.00 -623.60 -17,628.22 176,282.16 34.20 10,000.00 87.89 1,037.19 33.37 191.64 1,880.13 358.54 42.89 97.31 30.00 880.02 215.91 108.53 32.89 412.02 308.96 836.11 32.89 212.40 45.86 55.86 382.35 197.4 7 573.87 50.00 3,750.00 7,201.07 137.37 4,165.20 804.50 15.00 164.00 17.00 20,787.91 473.20 8,714.99 1,856.20 276.20 Current Date: 05/31/: 7 Time: 14:5' CITY OF RANCHO CUCAMONGA A2:enda Check Re2:ister 5/1 012006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236704 5/1012006 'RICHARDS WATSON AND GERSHON AP - 00236704 5/1012006 RICHARDS WATSON AND GERSHON AP - 00236704 5/1012006 RICHARDS WATSON AND GERSHON AP - 00236704 5/1012006 RICHARDS WATSON AND GERSHON AP - 00236704 5/1012006 RICHARDS WATSON AND GERSHON AP - 00236704 5/10/2006 RICHARDS WATSON AND GERSHON AP ~ 00236705 5/1012006 ROBLES SR, RAUL P AP - 00236705 5/1012006 ROBLES SR, RAUL P AP - 00236706 5/1012006 RODRIGUEZ INC, R Y AP - 00236706 5/10/2006 RODRIGUEZ INC, R Y AP - 00236707 5/1012006 RODRIGUEZ, NORMA LINDA AP - 00236709 5/1012006 SAN ANTONIO MATERIALS AP - 00236710 5/1012006 SAN BERNARDINO COUNTY AP - 00236712 5/10/2006 SAN BERNARDINO COUNTY AP - 00236713 5/10/2006 SAN BERNARDINO CTY CENTRAL MICROFILM AP - 00236715 5/1012006 SAUNDERS, LUCI AP - 00236716 5/10/2006 SCHAFER, CARL W AP - 00236718 5/10/2006 SHOETERIA AP - 00236720 5/10/2006 SIMPLOT PARTNERS AP - 00236720 5/10/2006 SIMPLOT PARTNERS AP - 00236720 5/10/2006 SIMPLOT PARTNERS AP - 00236720 5/10/2006 SIMPLOT PARTNERS AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON - AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1012006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: 8 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 6,098.50 10,907.83 4,599.59 2,757.99 1,729.50 5,024.50 60.00 85.00 240.00 384.22 718.61 490.45 106.51 1,058.50 25.03 104.72 375.00 116.36 1,157.24 340.00 45.75 2,198.10 801.91 24,939.72 12.58 12.04 12.60 14.03 12.71 98.71 34.44 13.46 92.15 12.33 21.73 92.63 12.90 12.47 70.85 14.14 12.47 105.64 12.47 118.53 33.06 12.90 75.76 99.56 49.16 12.60 124.23 13.45 13.58 12.90 Current Date: 05/31/= "if Time: 14:5' CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON. AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5110/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/1 0/2006 SOUTHERN CALIFORNIA EDISON AP - 00236723 5/10/2006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: 9 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 12.47 13.15 12.47 34,063.40 98.90 88.58 12.90 52.29 12.47 12.47 12.47 12.47 12.47 12.76 3,936.80 12.47 12.47 12.47 12.47 13.26 47.11 54.63 27 .44 12.47 12.47 292.69 12.47 36.84 25.78 57.41 27.91 146.62 39.09 100.58 181.08 174.77 135.60 25.35 139.33 15.99 155.67 4,740.20 249.22 13.27 339.20 17.08 117.09 124.49 3,228.15 181.66 12.58 67.25 64.08 12.47 Current Date: 05/31/= q Time: 14:5' Check No. AP - 00236723 AP - 00236723 AP - 00236723 AP - 00236723 AP - 00236724 AP - 00236725 AP - 00236726 AP - 00236727 AP - 00236728 AP - 00236729 AP - 00236730 AP - 00236731 AP - 00236733 AP - 00236734 AP - 00236735 AP - 00236735 AP - 00236736 AP - 00236736 AP - 00236737 AP - 00236738 AP - 00236739 AP - 00236740 AP - 00236740 AP - 00236740 AP - 00236740 AP - 00236740 AP - 00236740 AP - 00236741 AP - 00236742 AP - 00236742 AP - 00236743 AP - 00236744 AP - 00236744 AP - 00236744 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236745 AP - 00236746 AP - 00236746 AP - 00236748 AP - 00236749 AP - 00236749 AP - 00236750 AP - 00236752 AP - 00236752 CITY OF RANCHO CUCAMONGA A2:enda Check Re2:ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/10/2006 SOUTHERN CALIFORNIA EDISON 5/10/2006 SOUTHERN CALIFORNIA EDISON 5/1 0/2006 SOUTHERN CALIFORNIA EDISON 5/1 0/2006 SOUTHERN CALIFORNIA EDISON 5/10/2006 SOUTHERN CALIFORNIA EDISON 5/1 0/2006 SOUTHERN CALIFORNIA EDISON 5/10/2006 SOUTHWEST MOBILE STORAGE INC 5/10/2006 SPINITAR 5/10/2006 SPORT SUPPLY GROUP INC 5/10/2006 STADIUM BUSINESS PLAZA NORTH OWNERS A 5/10/2006 STADIUM BUSINESS PLAZA NORTH OWNERS A 5/10/2006 SUNRISE FORD 5/10/2006 T AND D INSTALLATIONS 5/10/2006 TARGET SPECIALTY PRODUCTS 5/10/2006 TEMECULA MECHANICAL INC 5/10/2006 TEMECULA MECHANICAL INC 5/10/2006 THOMSON GALE 5/1 0/2006 THOMSON GALE 5/1 0/2006 TO, DANIEL 5/1 0/2006 TOLL BROS INC 5/10/2006 TRAFFIC CONTROL SERVICE INC 5/1 0/2006 TRUGREEN LAND CARE 5/1 0/2006 TRUGREEN LANDCARE 5/10/2006 TRUGREEN LANDCARE 5/10/2006 TRUGREEN LANDCARE 5/10/2006 TRUGREEN LAND CARE 5/10/2006 TRUGREEN LAND CARE 5/10/2006 TUCKERMAN, ADAM 5/10/2006 UMPS ARE US ASSOCIATION 5/10/2006 UMPS ARE US ASSOCIATION 5/10/2006 UNDERGROUND SVC ALERT OF SO CAL 5/10/2006 UNDERGROUND TECHNOLOGY INC 5/10/2006 UNDERGROUND TECHNOLOGY INC 5/10/2006 UNDERGROUND TECHNOLOGY INC 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNIFIRST UNIFORM SERVICE 5/10/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 5/10/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 5/10/2006 UNITED WAY 5/1 0/2006 UPS 5/1 0/2006 UPS 5/1 0/2006 VENTURA, LOUIS 5/1 0/2006 VERIZON 5/10/2006 VERIZON 88.1 0 12.16 21.37 12.89 1,266.33 7,309.11 175.60 8,593.06 4,744.49 40.20 37.36 604.52 252.60 116.22 1,160.90 -116.09 54.08 175.11 43.09 15,000.00 85.00 1,776.66 2,240.67 39.57 9,350.00 8,739.52 472.63 75.41 400.00 3,162.50 180.80 460.50 585.45 359.30 808.87 101.80 32.07 187.42 33.78 45.66 721.89 76.51 785.94 188.08 48.24 33.78 3,195.87 37,549.90 31.00 21.24 42.64 364.00 59.05 21.27 Current Date: 05/31/= J 0 Time: 14:5< User: KFINCHER - Karen Fincher Page: 10 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 AP - 00236752 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check Date Vendor Name Amount 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 5/10/2006 VERIZON 5/1 0/2006 VERIZON 5/1 0/2006 VERIZON 29.50 182.82 29.50 27.47 44.68 0.13 130.35 29.50 29.50 90.19 90.19 90.19 84.29 28.53 85.63 90.19 28.53 29.50 28.53 90.44 116.96 19.39 19.39 80.29 21.50 29.50 19.39 27.77 29.50 29.50 29.50 28.53 29.50 29.50 314.97 148.65 163.88 90.19 90.19 90.19 90.19 90.19 90.19 19.39 29.50 19.38 90.44 19.39 90.19 90.19 91. 64 90.19 29.50 90.19 Current Date: 05/31/~ I J' Time: 14:5' User: KFINCHER - Karen Fincher Page: 11 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236752 5/10/2006 VERIZON AP - 00236752 5/10/2006 VERIZON AP - 00236752 5/10/2006 VERIZON AP - 00236752 5/10/2006 VERIZON AP - 00236752 5/10/2006 VERIZON AP - 00236753 5/10/2006 VILLAGE NURSERIES WHOLESALE LLC AP - 00236753 5/10/2006 VILLAGE NURSERIES WHOLESALE LLC AP - 00236754 5/10/2006 VIRTUAL PROJECT MANAGER INC AP - 00236755 5/10/2006 VISTA PAINT AP - 00236756 5/10/2006 VORTEX INDUSTRIES INC AP - 00236758 5/10/2006 WALTERS WHOLESALE ELECTRIC CO AP - 00236758 5/10/2006 WALTERS WHOLESALE ELECTRIC CO AP - 00236758 5/10/2006 WALTERS WHOLESALE ELECTRIC CO AP - 00236759 5/10/2006 WARREN & CO INC, CARL AP - 00236759 5/10/2006 WARREN & CO INC, CARL AP - 00236759 5/10/2006 WARREN & CO INC, CARL AP - 00236759 . 5/10/2006 WARREN & CO INC, CARL AP - 00236760 5/10/2006 W AXlE SANITARY SUPPLY AP - 00236760 5/10/2006 WAXIE SANITARY SUPPLY AP - 00236760 5/10/2006 WAXIE SANITARY SUPPLY AP - 00236760 5/10/2006 WAXIE SANITARY SUPPLY AP - 00236760 5/10/2006 WAXIE SANITARY SUPPLY AP - 00236760 5/10/2006 WAXIE SANITARY SUPPLY AP - 00236760 5/10/2006 WAXIE SANITARY SUPPLY AP - 00236760 5/10/2006 WAXIE SANITARY SUPPLY AP - 00236760 5/10/2006 WAXIE SANITARY SUPPLY AP - 00236760 5/10/2006 WAXIE SANITARY SUPPLY AP - 00236760 5/10/2006 W AXlE SANITARY SUPPLY AP - 00236760 5/1 0/2006 W AXlE SANITARY SUPPL Y AP - 00236760 5/1 0/2006 W AXlE SANITARY SUPPL Y AP - 00236762 5/10/2006 WERT, SHIRLEY M AP - 00236763 5/10/2006 WILSON AND BELL AP - 00236763 5/10/2006 WILSON AND BELL AP - 00236764 5/10/2006 XEROX DIRECT AP - 00236765 5/10/2006 YAMAHA OF CUCAMONGA AP - 00236765 5/10/2006 YAMAHA OF CUCAMONGA AP - 00236765 5/10/2006 YAMAHA OF CUCAMONGA AP - 00236766 5/10/2006 ZEE MEDICAL INC AP - 00236766 5/10/2006 ZEE MEDICAL INC AP - 00236766 5/10/2006 ZEE MEDICAL INC AP - 00236766 5/10/2006 ZEE MEDICAL INC AP - 00236769 5/11/2006 POUK AND STEINLE INC. AP - 00236769 5/11/2006 POUK AND STEINLE INC. AP - 00236769 5/11/2006 POUK AND STEINLE INe. AP - 00236769 5/11/2006 POUK AND STEINLE INe. AP - 00236770 5/11/2006 POUK AND STEINLE INC. AP - 00236770 5/11/2006 POUK AND STEINLE INe. AP - 00236773 5/17/2006 AA EQUIPMENT RENTALS CO INC AP - 00236774 5/17/2006 AAA ROOFING BY GENE AP - 00236774 5/17/2006 AAA ROOFING BY GENE AP - 00236775 5/17/2006 AAAS AP - 00236776 5/17/2006 ABC LOCKSMITHS AP - 00236777 5/17/2006 ABLAC AP - 00236778 5/17/2006 ADT SECURITY SERVICES INC User: KFINCHER - Karen Fincher Page: 12 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 60.13 90.19 28.53 577.46 360.17 360.07 -104.41 500.00 182.64 1,290.43 226.69 15.27 50.29 457.49 169.55 318.80 350.40 189.61 419.71 1,034.97 56.99 805.37 88.79 2,320.63 45.33 50.94 204.73 169.71 210.33 195.16 224.64 448.94 322.96 241.25 952.64 644.88 100.03 486.64 830.04 1,734.12 655.70 176,282.16 6,236.00 -17,628.22 -623.60 46,594.22 21,985.38 134.80 350.00 175.00 99.00 99.35 274.94 213.00 Current Date: 05/31/~ /2 Time: 145 Check No. AP - 00236778 AP - 00236779 AP - 00236780 AP - 00236780 AP - 00236780 AP - 00236780 AP - 00236780 AP - 00236780 AP - 00236782 AP - 00236783 AP - 00236784 AP - 00236784 AP - 00236787 AP - 00236788 AP - 00236789 AP - 00236790 AP - 00236791 AP - 00236792 AP - 00236793 AP - 00236793 AP - 00236793 AP - 00236794 AP - 00236795 AP - 00236796 AP - 00236797 AP - 00236797 AP - 00236798 AP - 00236798 AP - 00236799 AP - 00236799 AP - 00236800 AP - 00236801 AP - 00236801 AP - 00236802 AP - 00236803 AP - 00236804 AP - 00236805 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 CITY OF RANCHO CUCAMONGA A2;enda Check Re2;ister 5/1 0/2006 through 5/30/2006 Check Date Vendor Name Amount 5/17/2006 ADT SECURITY SERVICES INC 5/17/2006 AED INSTITUTE OF AMERICA INe. 5/17/2006 AGILINE INe. 5/17/2006 AGlLINE INe. 5/17/2006 AGILINE INe. 5/17/2006 AGILINE INe. 5/17/2006 AGlLINE INC. 5/17/2006 AGlLINE INe. 5/17/2006 AKSUN, BROCK 5/17/2006 ALL CITY MANAGEMENT SERVICES INe. 5/17/2006 ALLIANCE BUS LINES INC 5/17/2006 ALLIANCE BUS LINES INC 5/17/2006 ALLURE CUSTOM POOLS 5/17/2006 AMAZON. COM CREDIT 5/17/2006 AMERICAN BUILDING SUPPLY 5/17/2006 ANAHEIM, CITY OF 5/17/2006 ANDRADE, CARMEN 5/17/2006 ANDRADE, LAINI 5/17/2006 ANIMAL CARE EQUIPMENT AND SERVICES (AC 5/17/2006 ANIMAL CARE EQUIPMENT AND SERVICES (AC 5/17/2006 ANIMAL CARE EQUIPMENT AND SERVICES (AC 5/17/2006 ARAMARK UNIFORM SERVICES 5/17/2006 ARBONNE INTERNATIONAL 5/17/2006 ARCHITERRA DESIGN GROUP 5/17/2006 ASSOCIATED GROUP 5/17/2006 ASSOCIATED GROUP 5/17/2006 AT&T 5/17/2006 AT&T 5/17/2006 BARNES AND NOBLE 5/17/2006 BARNES AND NOBLE 5/17/2006 BATCHELOR, CHERYL 5/17/2006 BELL BUILDING MAINTENANCE COMPANY 5/17/2006 BELL BUILDING MAINTENANCE COMPANY 5/17/2006 BLUE ROSE CONCRETE CONTRACTORS INC 5/17/2006 BOWMAN, KENNETH 5/17/2006 BOYLE ENGINEERING 5/17/2006 BRAND MAN ASSOCIATES INC, MICHAEL 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODARTBOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 177.00 804.40 700.00 1,400.00 3,010.00 350.00 700.00 350.00 48.00 14,638.09 573.00 573.86 750.00 281.54 74.64 219,453.30 40.00 30.00 331.37 762.35 765.34 6.70 100.00 1,952.50 843.89 1,142.70 3,166.93 1,354.70 57.69 212.34 48.00 445.00 23,604.00 249.10 100.00 21,278.01 9,501.95 8.26 103.09 19.23 43.04 30.54 136.14 45.53 1,773.32 6.72 37.09 16.08 12.25 4.68 18.75 14.07 18.75 4.68 Current Date: 05/31/: / 3 Time: 14:51 User: KFINCHER - Karen Fincher Page: 13 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236808 AP - 00236809 AP - 00236810 AP - 00236812 AP - 00236813 AP - 00236814 AP - 00236815 AP - 00236816 AP - 00236817 AP - 00236818 AP - 00236819 AP - 00236819 AP - 00236820 AP - 00236821 AP - 00236821 AP - 00236822 AP - 00236822 AP - 00236822 AP - 00236823 AP - 00236824 AP - 00236824 AP - 00236825 AP - 00236825 AP - 00236825 AP - 00236826 AP - 00236826 AP - 00236826 AP - 00236827 CITY OF RANCHO CUCAMONGA A2:enda Check Re2:ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODARTBOOKS 5/17/2006 BRODAR T BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODAR T BOOKS 5/17/2006 BRODAR T BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODARTBOOKS 5/17/2006 BRODAR T BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODAR T BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BRODART BOOKS 5/17/2006 BSA TROOP 655 5/17/2006 CAL PERS LONG TERM CARE 5/17/2006 CALIFORNIA, STATE OF 5/17/2006 CALIFORNIA, STATE OF 5/17/2006 CALIFORNIA, STATE OF 5/17 /2006 CARAWAY, ROBIN 5/17/2006 CARTER, JODY 5/17/2006 CASK N CLEAVER 5/17/2006 CENTEX HOMES 5/17/2006 CENTRAL CITIES SIGNS INC 5/17/2006 CENTRAL CITIES SIGNS INC 5/17/2006 CENTRAL SCHOOL DISTRICT 5/17/2006 CHARTER COMMUNICATIONS 5/17/2006 CHARTER COMMUNICATIONS 5/17/2006 CHARTER MEDIA INC. 5/17/2006 CHARTER MEDIA INC. 5/17/2006 CHARTER MEDIA INe. 5/17/2006 CHILD SAFETY SOLUTIONS INC. 5/17/2006 CITRUS BELT CHAPTER 5/17/2006 CITRUS BELT CHAPTER 5/17/2006 CIVIC SOLUTIONS INC 5/17/2006 CIVIC SOLUTIONS INC 5/17/2006 CIVIC SOLUTIONS INC 5/17/2006 CLEAN STREET INe. 5/17/2006 CLEAN STREET INe. 5/17/2006 CLEAN STREET INC. 5/17/2006 CLEARWATER GRAPHICS 38.14 12.92 39.82 12.93 323.30 906.01 6.72 3,177.39 1,657.76 18.75 4.68 88.67 4.68 4.68 9.37 23 .44 14.07 8.26 3.33 74.81 38.55 4.68 60.93 14.07 32.80 501.52 2,700.00 250.00 231. 92 22.50 25.00 220.38 30.00 1,000.00 51.00 2,550.00 314.37 155.16 6,550.00 51.88 41.99 1,578.40 868.80 312.80 85.00 120.00 120.00 11,993.50 1,721.25 10,769.25 1,072.00 928.00 72.00 3,471.71 Current Date: 05/31/: J If Time: 14:5 User: KFINCHER - Karen Fincher Page: 14 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00236828 AP - 00236830 AP - 00236830 AP - 00236832 AP - 00236833 AP - 00236834 AP - 00236835 AP - 00236837 AP - 00236838 AP - 00236839 AP - 00236839 AP - 00236839 AP - 00236841 AP - 00236842 AP - 00236843 AP - 00236844 AP - 00236845 AP - 00236845 AP - 00236845 AP - 00236846 AP - 00236847 AP - 00236847 AP - 00236848 AP - 00236849 AP - 00236850 AP - 00236850 AP - 00236850 AP - 00236850 AP - 00236851 AP - 00236852 AP - 00236853 AP - 00236854 AP - 00236855 AP - 00236855 AP - 00236856 AP - 00236856 AP - 00236856 AP - 00236856 AP - 00236856 AP - 00236858 AP - 00236859 AP - 00236859 AP - 00236859 AP - 00236859 AP - 00236860 AP - 00236861 AP - 00236862 AP - 00236863 AP - 00236864 AP - 00236865 AP - 00236865 AP - 00236867 AP - 00236869 AP - 00236870 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/17/2006 CONTRERAS, JANET V. 5/17/2006 COSCO FIRE PROTECTION 5/17/2006 COSCO FIRE PROTECTION 5/17/2006 COURT TRUSTEE 5/17/2006 COURT TRUSTEE 5/17/2006 COURT TRUSTEE 5/17/2006 CRIDLAND, KYLE 5/17/2006 CUADRA, DIANE 5/17/2006 DALTON, RICK 5/17/2006 DAN GUERRA AND ASSOCIATES 5/17/2006 DAN GUERRA AND ASSOCIATES 5/17/2006 DAN GUERRA AND ASSOCIATES 5/17/2006 DATA2 INC 5/17 /2006 DAVIS, LU ANN 5/17/2006 DEER CREEK CAR CARE CENTER 5/17/2006 DIAZ, TAYLOR 5/17/2006 EASTMAN KODAK CO 5/17/2006 EASTMAN KODAK CO 5/17/2006 EASTMAN KODAK CO 5/17/2006 ECHO FIRE PROTECTION CO. 5/17/2006 EDIOR, ANTHONY 5/17/2006 EDIOR, ANTHONY 5/17/2006 ELECTRONICS WAREHOUSE 5/17/2006 ELLIOT, WALTER 5/17/2006 EM COR SERVICE 5/17/2006 EM COR SERVICE 5/1712006 EMCOR SERVICE 5/17/2006 EMCOR SERVICE 5/17/2006 EMERGENCY MEDICAL PRODUCTS 5/17/2006 EXCLUSIVE EMAGES 5/17/2006 FAST SCANNING 5/17/2006 FASTENAL COMPANY 5/17/2006 FEDERAL EXPRESS CORP 5/17/2006 FEDERAL EXPRESS CORP 5/17/2006 FINESSE PERSONNEL ASSOCIATES 5/17/2006 FINESSE PERSONNEL ASSOCIATES 5/17/2006 FINESSE PERSONNEL ASSOCIATES 5/17/2006 FINESSE PERSONNEL ASSOCIATES 5/17/2006 FINESSE PERSONNEL ASSOCIATES 5/17/2006 FOOTHILL FAMILY SHELTER 5/17/2006 FORD OF UPLAND INC 5/17/2006 FORD OF UPLAND INC 5/17/2006 FORD OF UPLAND INC 5/17/2006 FORD OF UPLAND INC 5/17/2006 FREI, KAREN 5/17/2006 GALLS INC 5/17/2006 GONZALES, CARLOS 5/17/2006 GONZALEZ, DIANE 5/17/2006 GOSS CONSTRUCTION 5/17/2006 GOVPLACE 5/1712006 GOVPLACE 5/17/2006 GROSS, MONICA MARCINIAK 5/17/2006 GUTIERREZ, BIANCA 5/17/2006 HAKIMI, SUSAN 500.00 2,600.00 -260.00 225.90 118.50 200.00 21.81 40.00 478.00 12,720.00 12,580.00 20,500.55 2,272.86 250.00 175.50 160.00 615.00 420.00 420.00 153.72 72.00 96.00 30.17 290.00 10,170.42 750.00 4,307.95 3,960.00 513.97 29.09 1,397.97 49.76 14.11 14.11 840.00 846.30 759.50 868.00 840.00 417.00 29.60 337.24 73.23 386.34 250.00 204.67 72.00 250.00 10.00 10,164.70 1,875.00 95.00 200.00 279.00 Current Date: 05/31/~ IS Time: ]4:5' User: KFINCHER - Karen Fincher Page: 15 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236870 5/17/2006 HAKIMI, SUSAN AP - 00236871 5/17/2006 HARMEN, DON AP - 00236872 5/17/2006 HARO, ANNE AP - 00236873 5/17/2006 HARRIS, JAMES T. AP - 00236875 5/17/2006 HERRERA, MARIA AP - 00236875 5/17/2006 HERRERA, MARIA AP - 00236876 5/17/2006 HILTON GARDEN INN AP - 00236877 5/17/2006 HIRCHERT, JENNIFER AP - 00236878 5/17/2006 HOME DEPOT CREDIT SERVICES AP - 00236880 5/17/2006 HSBC BUSINESS SOLUTIONS AP - 00236880 5/17/2006 HSBC BUSINESS SOLUTIONS AP - 00236880 5/17/2006 HSBC BUSINESS SOLUTIONS AP - 00236881 5/17/2006 HURST, CHERYL AP - 00236882 5/17/2006 HYDRO TEK SYSTEMS INC AP - 00236883 5/17/2006 HYDROSCAPE PRODUCTS INC AP - 00236884 5/17/2006 INLAND EMPIRE TOURS AND TRANSPORTATIC AP - 00236886 5/17/2006 INLAND FAIR HOUSING AND MEDIATION AP - 00236886 5/17/2006 INLAND FAIR HOUSING AND MEDIATION AP - 00236886 5/17/2006 INLAND FAIR HOUSING AND MEDIATION AP - 00236887 5/17/2006 INLAND VALLEY DAILY BULLETIN AP - 00236887 5/17/2006 INLAND VALLEY DAILY BULLETIN AP - 00236887 5/17/2006 INLAND VALLEY DAILY BULLETIN AP - 00236888 5/17/2006 INNOCORP L TD AP - 00236888 5/17/2006 INNOCORP LTD AP - 00236889 5/17/2006 IRON MOUNTAIN OSDP AP - 00236890 5/17/2006 ISEC INCORPORATED AP - 00236890 5/17/2006 ISEC INCORPORATED AP - 00236890 5/17/2006 ISEC INCORPORATED AP - 00236890 5/17/2006 ISEC INCORPORATED AP - 00236890 5/17/2006 ISEC INCORPORATED AP - 00236890 5/17/2006 ISEC INCORPORATED AP - 00236891 5/17/2006 ITALIANO, MAGDALENA AP - 00236892 5/17/2006 J T STORM DEVELOPMENT NO 1 LLC AP - 00236893 5/17/2006 JANECEK, LINDA AP - 00236894 5/17/2006 JOHNSON, NANCY AP - 00236895 5/17/2006 K K WOODWORKING AP - 00236895 5/17/2006 K K WOODWORKING AP - 00236896 5/17/2006 KB HOME AP - 00236897 5/17/2006 KC PRINTING & GRAPHICS INC AP - 00236899 5/17/2006 KONICA MINOLTA BUSINESS SOLUTIONS AP - 00236899 5/17/2006 KONICA MINOL T A BUSINESS SOLUTIONS AP - 00236899 5/17/2006 KONICA MINOLTA BUSINESS SOLUTIONS AP - 00236900 5/17/2006 LATU, LUSEANE AP - 00236900 5/17/2006 LATU, LUSEANE AP - 00236903 5/17/2006 LONCAR, PHILIP AP - 00236904 5/17/2006 LOPEZ, JOE AP - 00236905 5/17/2006 LOS ANGELES COCA COLA BTL CO AP - 00236906 5/17/2006 MAGELSEN, KARA AP - 00236906 5/17/2006 MAGELSEN, KARA AP - 00236907 5/17/2006 MAIN, ALICIA AP - 00236908 5/17/2006 MALDIA, GRAELAND AP - 00236910 5/17/2006 MARRONE AND SONS INC., FRANK AP - 00236911 5/17/2006 MCCLURE, KELLI AP - 00236912 5/17/2006 MCGALLIARD & SONS INC, J B User: KFINCHER - Karen Fincher Page: 16 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 699.60 250.00 210.00 1,398.36 500.00 85.00 1,459.89 22.00 822.54 17.31 39.91 120.39 288.50 88.45 107.79 1,876.00 32.50 607.59 1,057.50 8,672.40 686.40 104.40 279.90 22.00 399.25 2,785.55, 898.88 320.82 -278.56 -89.89 -32.08 70.00 2,950.00 59.10 70.00 10.77 37.66 8,250.00 64.65 289.99 340.01 195.45 250.00 0.25 270.00 500.00 545.99250.00 7.50 250.00 500.00 39.63 100.00 10,153.32 Current Date: 05/31/= / (p Time: 14:5' Check No. AP - 00236912 AP - 00236912 AP - 00236912 AP - 00236913 AP - 00236914 AP - 00236915 AP - 00236915 AP - 00236916 AP - 00236916 AP - 00236916 AP - 00236916 AP - 00236917 AP - 00236917 AP - 00236917 AP - 00236917 AP - 00236917 AP - 00236917 AP - 00236918 AP - 00236919 AP - 00236920 AP - 00236921 AP - 00236922 AP - 00236924 AP - 00236925 AP - 00236925 AP - 00236926 AP - 00236927 AP - 00236928 AP - 00236928 AP - 00236929 AP - 00236930 AP - 00236931 AP - 00236931 AP - 00236932 AP - 00236932 AP - 00236932 AP - 00236932 AP - 00236932 AP - 00236932 AP - 00236932 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 AP - 00236933 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/17/2006 MCGALLIARD & SONS INC, J B 5/17/2006 MCGALLIARD & SONS INC, J B 5/17/2006 MCGALLIARD & SONS INC, J B 5/17/2006 MCI 5/17/2006 MEDINA, EDWARD 5/17/2006 MERAZ, MARCIE 5/17/2006 MERAZ, MARCIE 5/17/2006 MICRO IMAGES 5/17/2006 MICRO IMAGES 5/17/2006 MICRO IMAGES 5/17/2006 MICRO IMAGES 5/17/2006 MIDWEST TAPE 5/17/2006 MIDWEST TAPE 5/17/2006 MIDWEST TAPE 5/17/2006 MIDWEST TAPE 5/17/2006 MIDWEST TAPE 5/17/2006 MIDWEST TAPE 5/17/2006 MOORE, DAVID 5/17/2006 MOORE, SHIRLEY 5/17/2006 MR TS 24HR TOWING 5/17/2006 MSA 5/17/2006 MUNKVOLD, RICH 5/17 /2006 NATIONAL CHARITY LEAGUE 5/17 /2006 NATIONAL CRIME PREVENTION COUNCIL 5/17 /2006 NATIONAL CRIME PREVENTION COUNCIL 5/17 /2006 NATIONAL DEFERRED 5/17/2006 NAUDI, KULETILI TAUFA 5/17/2006 NEC UNIFIED SOLUTIONS 5/17/2006 NEC UNIFIED SOLUTIONS 5/17/2006 NESTOR TRAFFIC SYSTEMS 5/17/2006 NIEDERER, LIZBETH 5/17/2006 NIKPOUR, MOHAMMED 5/17/2006 NIKPOUR, MOHAMMED 5/17/2006 OCCUPATIONAL HEALTH CENTERS OF CALIFO 5/17/2006 OCCUPATIONAL HEALTH CENTERS OF CAUFO 5/17/2006 OCCUPATIONAL HEALTH CENTERS OF CALIFO 5/17/2006 OCCUPATIONAL HEALTH CENTERS OF CALIFO 5/17/2006 OCCUPATIONAL HEALTH CENTERS OF CALIFO 5/17/2006 OCCUPATIONAL HEALTH CENTERS OF CALIFO 5/17/2006 OCCUPATIONAL HEALTH CENTERS OF CAUFO 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/1 7/2006 OFFICE DEPOT 5/1 7/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 5/17/2006 OFFICE DEPOT 9,965.34 -996.53 -1,015.33 523.29 67.00 500.00 395.00 221. 00 5.71 484.00 7.78 201.92 589.74 43.98 20.99 451.79 45.98 18.58 250.00 170.00 . 40.00 80.00 250.00 178.20 19.25 28,696.50 500.00 400.00 260.00 33,840.00 49.00 72.00 72.00 458.00 57.00 142.97 47.39 123.24 59.29 75.00 76.89 182.35 10.66 66.16 93.94 10.76 151.51 12.63 85.66 3.38 241.84 38.37 118.61 103.95 Current Date: 05/31/= / 7 Time: 14:5' User: KFINCHER - Karen Fincher Page: 17 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236933 5/17/2006 OFFICE DEPOT AP - 00236933 5/17/2006 OFFICE DEPOT AP - 00236933 5/17/2006 OFFICE DEPOT AP - 00236934 5/17/2006 OFFICE MAX CONTRACT INC AP - 00236935 5/17/2006 ORCHARD SUPPLY HARDWARE AP - 00236937 5/17/2006 P C INC AP - 00236938 5/17/2006 PACIFICARE OF CALIFORNIA AP - 00236939 5/17/2006 PAL CAMPAIGN AP - 00236940 5/17/2006 PARK, MI WON AP - 00236942 5/17/2006 PEP BOYS AP - 00236942 5/17/2006 PEP BOYS AP - 00236943 5/17/2006 PETES ROAD SERVICE INC AP - 00236943 5/17/2006 PETES ROAD SERVICE INC AP - 00236943 5/17/2006 PETES ROAD SERVICE INC AP - 00236944 5/17/2006 PHILLIPS, MICHAEL AP - 00236945 5/17/2006 PHOENIX GROUP INFORMATION SYSTEMS AP - 00236946 5/17/2006 PHONG, BRYAN AP - 00236947 5/17/2006 PIERRE SPRINKLER & LANDSCAPE AP - 00236947 5/17/2006 PIERRE SPRINKLER & LANDSCAPE AP - 00236950 5/17/2006 PRE-PAID LEGAL SERVICES INC AP - 00236951 5/17/2006 PREFERRED CEILINGS INC AP - 00236951 5/17/2006 PREFERRED CEILINGS INC AP - 00236951 5/17/2006 PREFERRED CEILINGS INC AP - 00236951 5/17/2006 PREFERRED CEILINGS INC AP - 00236951 5/17/2006 PREFERRED CEILINGS INC AP - 00236951 5/17/2006 PREFERRED CEILINGS INC AP - 00236951 5/17/2006 PREFERRED CEILINGS INC AP - 00236951 5/17/2006 PREFERRED CEILINGS INC AP - 00236952 5/17/2006 PRIDE LAUNDRY SYSTEMS INC AP - 00236952 5/17/2006 PRIDE LAUNDRY SYSTEMS INC AP - 00236952 5/17/2006 PRIDE LAUNDRY SYSTEMS INC AP - 00236952 5/17/2006 PRIDE LAUNDRY SYSTEMS INC AP - 00236953 5/17/2006 PRIZIO CONSTRUCTION INC AP - 00236953 5/17/2006 PRIZIO CONSTRUCTION INC AP - 00236953 5/17/2006 PRIZIO CONSTRUCTION INC AP - 00236953 5/17/2006 PRIZIO CONSTRUCTION INC AP - 00236953 5/17/2006 PRIZIO CONSTRUCTION INC AP - 00236953 5/17/2006 PRIZIO CONSTRUCTION INC AP - 00236954 5/17/2006 PRUDENTIAL OVERALL SUPPLY AP - 00236955 5/17/2006 PT AND MORE AP - 00236955 5/17/2006 PT AND MORE AP - 00236957 5/17/2006 QUINTANA, ZITA AP - 00236958 5/17/2006 RAETECH AP - 00236959 5/17/2006 RAMOS, GRETTA AP - 00236962 5/17/2006 RBF CONSULTING AP - 00236963 5/1 7/2006 RBM LOCK AND KEY SERVICE AP - 00236964 5/17/2006 RED RIDGE SOFTWARE COMPANY AP - 00236965 5/17/2006 RELIABLE GRAPHICS AP - 00236966 5/17/2006 REZA, MOSLEMI AP - 00236967 5/17/2006 RICHARDS WATSON AND GERSHON AP - 00236968 5/1 7/2006 RIOS, LETICIA AP - 00236969 5/17/2006 RISING STARS AP - 00236970 5/17/2006 RIVERSIDE BLUEPRINT AP - 00236971 5/17/2006 RIVERSIDE CO DEPT CHILD SUPPORT User: KFINCHER - Karen Fincher Page: 18 Report: CK _AGENDA_REG _ PORTRAIT _ RC - CK: Agenda Check Register Portrait Layout 6.90 5.79 180.75 1,467.02 77.08 1,000.00 70,182.08 207.18 48.00 120.10 45.71 93.19 90.00 585.90 70.00 610.95 80.00 14,441.50 -1,444.15 341.70 21,078.75 2,385.26 -506.79 -241.56 -238.53 -2,107.87 2,415.60 5,067.90 8,889.39 500.00 3,442.61 500.00 70,637.92 30,793.89 -7,063.79 -683.90 6,839.00 -3,079.39 3.50 914.93 685.06 193.00 12,822.25 174.00 13,506.69 86.20 2,189.00 50.17 500.00 2,280.00 500.00 1,090.00 5.00 250.00 Current Date: 05/31/= J g Time: 145 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00236972 5/17/2006 RJM DESIGN GROUP INC AP - 00236973 5/17/2006 RKW DEVELOPMENT CORP AP - 00236974 5/17/2006 ROBERT HALF TECHNOLOGY AP - 00236974 5/17/2006 ROBERT HALF TECHNOLOGY AP - 00236974 5/17/2006 ROBERT HALF TECHNOLOGY AP - 00236974 5/17/2006 ROBERT HALF TECHNOLOGY AP - 00236974 5/17/2006 ROBERT HALF TECHNOLOGY AP - 00236975 5/17/2006 RUIZ, YVONNE AP - 00236976 5/17/2006 SAND K ENGINEERS INC AP - 00236976 5/17/2006 SAND K ENGINEERS INC AP - 00236977 5/17/2006 SADEGHI, SARAH AP - 00236979 5/17/2006 SAFE LITE GLASS CORP AP - 00236981 5/17/2006 SAN BERNARDINO COUNTY AUDITOR CONTRC AP - 00236981 5/17/2006 SAN BERNARDINO COUNTY AUDITOR CONTRC AP - 00236981 5/17/2006 SAN BERNARDINO COUNTY AUDITOR CONTRC AP - 00236983 5/17/2006 SAN BERNARDINO CTY CHILD SUPPORT PA YM AP - 00236984 5/17/2006 SAN BERNARDINO CTY CHILD SUPPORT P A YM AP - 00236985 5/17/2006 SAN BERNARDINO CTY CHILD SUPPORT P A YM AP - 00236986 5/17/2006 SAN BERNARDINO CTY CHILD SUPPORT PAYM AP - 00236987 5/17/2006 SAN BERNARDINO CTY CHILD SUPPORT PA YM AP - 00236988 5/17/2006 SAN BERNARDINO CTY SHERIFFS DEPT AP - 00236988 5/17/2006 SAN BERNARDINO CTY SHERIFFS DEPT AP - 00236988 5/17/2006 SAN BERNARDINO CTY SHERIFFS DEPT AP - 00236988 5/17/2006 SAN BERNARDINO CTY SHERIFFS DEPT AP - 00236989 5/17/2006 SANDOV A, EVANGELINE AP - 00236990 5/17/2006 SANTOS, MANNY AP - 00236991 5/17/2006 SCOTT, DIANA AP - 00236992 5/17/2006 SHERIFFS COURT SERVICES AP - 00236993 5/17/2006 SHERIFFS COURT SERVICES AP - 00236994 5/17/2006 SHERIFFS COURT SERVICES AP - 00236995 5/17/2006 SHERIFFS COURT SERVICES AP - 00236996 5/17/2006 SIMMONS, ARLENE AP - 00236998 5/17/2006 SMIDERLE, BEA AP - 00236999 5/17/2006 SMITH, TIFFANY AP - 00237000 5/17/2006 SO CALIF GAS COMPANY AP - 00237000 5/17/2006 SO CALIF GAS COMPANY AP - 00237000 5/17/2006 SO CALIF GAS COMPANY AP - 00237000 5/17/2006 SO CALIF GAS COMPANY AP - 00237000 5/17/2006 SO CALIF GAS COMPANY AP - 00237000 5/17/2006 SO CALIF GAS COMPANY AP - 00237000 5/17/2006 SO CALIF GAS COMPANY AP - 00237001 5/17/2006 SOLORZANO, VINCENT AP - 00237002 5/17/2006 SONITROL OF SAN BERNARDINO AP - 00237003 5/17/2006 SOUTHERN CALIFORNIA BROADCASTERS ASSI AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: 19 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 3,692.19 1,305.00 1,092.00 588.00 868.00 1,022.00 1,092.00 100.00 910.00 300.00 46.00 187.64 409.50 409.50 546.00 213.50 408.00 322.50 33.50 310.00 1,574,945.16 88,645.00 17,570.00 46,072.84 52.00 72.00 375.00 27.39 69.92 481.81 368.79 111.00 800.00 250.00 691.60 3,799.28 396.06 197.52 237.04 195.69 2,585.39 45.00 48.15 35.00 2,247.52 7,312.70 12.47 12.90 13.33 12.04 13.16 13.30 12.60 90.82 Current Date: 05/31/= J q Time: 14:5' CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 , 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/1 7/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/1 7/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: 20 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 81.59 120.23 14.45 12.47 12.47 12.73 13.30 12.47 12.47 12.60 12.90 50.55 84.85 13.86 .12.04 56.28 70.60 22.14 13.30 12.47 12.90 67.57 47.43 105.69 13.45 12.47 32.62 82.20 51.76 123.99 94.95 13.30 12.04 12.04 12.47 92.46 12.47 12.47 15.01 14.61 53.06 41.00 31.41 13.02 7.43 46.65 12.47 126.91 13.03 99.52 130.46 94.02 166.65 15.97 Current Date: 05/31/= 2 tJ Time: 145 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006. SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/1 7/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: 21 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 13.33 42.25 62.75 27.02 20.72 819.62 1,167.42 1,036.49 12.47 481. 86 507.42 728.78 24.89 23.07 25.80 25.30 38.70 77.29 25.56 12,658.67 41.22 15.70 12.47 12.47 91.03 151.09 67.50 99.54 17.09 13.72 12.04 12.47 12.47 12.47 13.30 63.95 6,287.50 77.91 52.42 17.64 13.32 23.61 44.98 12.47 43.65 22.94 12.90 54.36 110.42 13.02 48.47 31.12 12.89 12.47 Current Date: 05/31/= 2. J Time: 14:5' CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237008 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237009 5/17/2006 SOUTHERN CALIFORNIA EDISON AP - 00237010 5/17/2006 SOUTHERN CALIFORNIA HOUSING AP - 00237011 5/1 7/2006 SOUTHWEST CONCRETE PRODUCTS AP - 00237012 5/1 7/2006 SOUTHWEST MOBILE STORAGE INC AP - 00237012 5/17/2006 SOUTHWEST MOBILE STORAGE INC AP - 00237013 5/17 /2006 STANDARD PACIFIC SALES OF HOME User: KFINCHER - Karen Fincher Page: 22 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 12.04 12.17 129.98 488.83 12.47 151.38 65.81 12.47 32.49 12.60 12.47 59.51 13.30 13.45 12.47 13.03 12.47 57.14 18.51 12.17 48.74 20.64 63.73 23.14 12.45 12.47 81.30 1,302.73 14.00 112.58 12.90 21.46 13.73 13.44 12.47 19,429.89 14,992.80 4,212.90 44.24 2,727.75 2,868.67 12,120.96 181.47 49.68 38.44 45.54 34.72 8,833.26 41,998.77 250.00 20.55 175.60 175.60 96.39 Current Date: 05/31/= 2 2 Time: 14:5' Check No. AP - 00237014 AP - 00237014 AP - 00237015 AP - 00237015 AP - 00237016 AP - 00237017 AP - 00237018 AP - 00237019 AP - 00237020 AP - 00237021 AP - 00237023 AP - 00237025 AP - 00237027 AP - 00237028 AP - 00237030 AP - 00237031 AP - 00237031 AP - 00237031 AP - 00237033 AP - 00237034 AP - 00237035 AP - 00237036 AP - 00237036 AP - 00237036 AP - 00237037 AP - 00237038 AP - 00237038 AP - 00237039 AP - 00237040 AP - 00237040 AP - 00237041 AP - 00237042 AP - 00237043 AP - 00237043 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check Date Vendor Name Amount 5/17/2006 STARBUCKS COFFEE 5/17/2006 STARBUCKS COFFEE 5/17 /2006 STEELWORKERS OLDTIMERS FOUNDATION 5/17/2006 STEELWORKERS OLD TIMERS FOUNDATION 5/17/2006 STERLING COFFEE SERVICE 5/17/2006 STOF A, JOSEPH 5/17 /2006 SWANK MOTION PICTURES INC 5/17/2006 SWINERTON BUILDERS 5/17/2006 SWONKE, CHRIS 5/17/2006 TAUSSIG AND ASSOCIATES INC, DAVID 5/17/2006 TELEWORKS 5/17/2006 THOMSON GALE 5/17/2006 TIME WARNER TELECOM 5/17/2006 TOON, DALE 5/17/2006 TRIMMER CONSTRUCTION INC 5/17/2006 TRUGREEN LANDCARE 5/17/2006 TRUGREEN LANDCARE 5/17/2006 TRUGREEN LANDCARE 5/17/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 5/17/2006 UNIQUE MANAGEMENT SERVICES INC 5/17/2006 UNITED SITE SERVICES OF CA INC 5/17/2006 UNITED TRAFFIC 5/17/2006 UNITED TRAFFIC 5/17/2006 UNITED TRAFFIC 5/17/2006 UNITED WAY 5/17/2006 UPS 5/1 7/2006 UPS 5/17/2006 V AND B GROWERS INC 5/17 /2006 VAN HOOK, TERESE 5/17 /2006 VAN HOOK, TERESE 5/17 /2006 VARNEY, SUSAN 5/17/2006 VASQUEZ, NANCY 5/17/2006 VERA, CARA 5/17/2006 VERA, CARA 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/1 7/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 100.00 1.50 708.33 1,653.11 862.74 14.00 381.85 201.97 10.00 3,755.67 18,650.00 26.64 3,033.40 250.00 22.50 26,315.20 10,1 04.06 10,947.06 1,626.87 652.83 166.94 803.60 946.65 152.20 392.82 384.64 -231.01 544.53 500.00 500.00 1,000.00 33.00 15.00 15.62 288.38 709.28 876.55 426.33 91. 64 310.37 84.32 1,338.91 301.56 76.76 55.10 65.18 23.96 312.32 529.04 672.68 30.03 28.53 57.10 24.73 Current Date: 05/31/= 2. -3 Time: 14:5' User: KFINCHER - Karen Fincher Page: 23 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237046 AP - 00237048 AP - 00237048 AP - 00237048 AP - 00237049 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check Date Vendor Name Amount 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/1 7/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/1 7/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/1 7/2006 VISTA PAINT 5/17/2006 VISTA PAINT 5/17/2006 VISTA PAINT 5/17/2006 VOLM, LIZA 29.50 20.90 64.74 36.54 39.04 700.65 286.87 863.63 1,307.32 409.46 383.31 88.55 114.19 28.98 158.92 1,749.98 704.18 734.42 608.42 35.30 942.32 182.60 97.94 727.51 343.21 299.83 1,327.22 312.79 39.04 105.85 91.66 29.50 28.53 29.03 28.53 20.89 90.19 90.19 28.53 19.39 29.50 30.03 19.49 93.43 19.52 27.47 90:19 91.66 171.89 34.91 299.37 299.37 5.37 112.50 Current Date: 05/31/= '2:'1 Time: 145 User: KFINCHER - Karen Fincher Page: 24 Report:CK _AGENDA_REG _PORTRAIT _ RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00237050 AP - 00237051 AP - 00237052 AP - 00237053 AP - 00237054 AP - 00237055 AP - 00237057 AP - 00237058 AP - 00237059 AP - 00237059 AP - 00237060 AP - 00237061 AP - 00237061 AP - 00237062 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237063 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/17/2006 WIN SUPPLY COMPANY 5/1 7 /2006 WALTERS WHOLESALE ELECTRIC CO 5/17 /2006 WARD, DESIREE 5/17/2006 WAXIE SANITARY SUPPLY 5/17/2006 WEST PAYMENT CENTER 5/17/2006 WLC ARCHITECTS 5/17/2006 XEROX CORPORATION 5/17 /2006 YAMAHA OF CUCAMONGA 5/17/2006 YEE, LARRY 5/17/2006 YEE, LARRY 5/17/2006 ZABEL, DEBBIE 5/17/2006 ZEE MEDICAL INC 5/17/2006 ZEE MEDICAL INC 5/17/2006 ZETTERBERG, BOB 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/1 7/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/1 7/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 CUCAMONGA VALLEY W A TERDISTRICT 5/17/2006 CUCAMONGA VALLEY WATER DISTRICT 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/1 7/2006 VERIZON 5/1 7/2006 VERIZON 5/1 7/2006 VERIZON 5/17/2006 VERIZON User: KFINCHER - Karen Fincher Page: 25 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 2 S Time: Check No. AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237065 AP - 00237066 AP - 00237067 AP - 00237068 AP - 00237069 AP - 00237070 AP - 00237070 AP - 00237070 AP - 00237070 AP - 00237071 AP - 00237072 AP - 00237072 AP - 00237073 AP - 00237074 AP - 00237075 AP - 00237075 AP - 00237075 AP - 00237075 AP - 00237075 AP - 00237075 AP - 00237075 AP - 00237076 AP - 00237077 AP - 00237077 AP - 00237078 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/1 7/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/17/2006 VERIZON 5/18/2006 BANFIELD 5/22/2006 BARBER, LINDA 5/23/2006 WTS IE 5/24/2006 ABLAC 5/24/2006 ABLETRONICS 5/24/2006 ABLETRONICS 5/24/2006 ABLETRONICS 5/24/2006 ABLETRONICS 5/24/2006 ACCELA INC 5/24/2006 ADAMSON, RONALD 5/24/2006 ADAMSON, RONALD 5/24/2006 ADVANCED EQUIPMENT CORP. 5/24/2006 ADVANCED SYSTEMS GROUP 5/24/2006 AGlLINE INC. 5/24/2006 AGILINE INC. 5/24/2006 AGILINE INC. 5/24/2006 AGlLINE INC. 5/24/2006 AGILINE INC. 5/24/2006 AGILINE INC. 5/24/2006 AGlLINE INC. 5/24/2006 AKM CONSULTING ENGINEERING INC 5/24/2006 ALAMO, LISA 5/24/2006 ALAMO, LISA 5/24/2006 ALL WELDING 171.89 93.43 29.50 20.90 29.03 19.49 863.63 91.66 64.74 105.85 19.39 20.89 88.55 36.54 24.73 34.91 29.50 39.04 19.52 409.46 383.31 39.04 28.53 91.66 90.19 90.19 90.19 30.03 28.53 28.98 900.00 500.00 160.00 16.39 78.64 12.93 139.70 32.29 350.00 198.00 297.00 56.11 1,916.00 1,925.00 700.00 350.00 1,050.00 350.00 350.00 525.00 3,615.00 64.00 50.00 100.00 Current Date: 05/31/= ;;2 C) Time: 14:5' User: KFINCHER - Karen Fincher Page: 26 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00237079 AP - 00237080 AP - 00237081 AP - 00237082 AP - 00237083 AP - 00237084 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 , AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237086 AP - 00237087 AP - 00237087 AP - 00237087 AP - 00237087 AP - 00237088 AP - 00237088 AP - 00237089 AP - 00237089 AP - 00237090 AP - 00237091 AP - 00237091 AP - 00237091 AP - 00237092 AP - 00237094 AP - 00237094 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check Date Vendor Name Amount 5/24/2006 AMTECH ELEVATOR SERVICES 5/24/2006 ANDERSON, LYNN 5/24/2006 ANDERSON, SHEILA 5/24/2006 APPLIED METERING TECHNOLOGIES INC 5/24/2006 APW A 5/24/2006 ARCHIBALD VENTURES LLC 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ARROWHEAD CREDIT UNION 5/24/2006 ASSI SECURITY 5/24/2006 ASSI SECURITY 5/24/2006 ASSI SECURITY 5/24/2006 ASSI SECURITY 5/24/2006 AUDIO EDITIONS 5/24/2006 AUDIO EDITIONS 5/24/2006 AUFBAU CORPORATION 5/24/2006 AUFBAU CORPORATION 5/24/2006 AVANTS, MARGE 5/24/2006 BAND K ELECTRIC WHOLESALE 5/24/2006 BAND K ELECTRIC WHOLESALE 5/24/2006 BAND K ELECTRIC WHOLESALE 5/24/2006 BALENO, DAVID 5/24/2006 BARNES AND NOBLE 5/24/2006 BARNES AND NOBLE 191.99 500.00 500.00 9,860.35 157.50 5,000.00 205.22 126.36 58.92 1,072.40 910.55 136.39 525.00 120.00 179.12 58.40 269.35 797.06 25.90 24.76 101.74 82.33 195.93 41.40 567.30 32.28 54.28 78.12 262.56 5.16 51.76 119.45 500.00 56.88 199.00 327.13 282.00 -3,000.00 68.14 290.00 639.00 420.00 315.00 8.58 25.74 11,840.00 6,068.00 30.00 32.21 24.14 61.42 2,942.00 114.51 426.35 Current Date: 05/31/= 21 Time: 14:5' User: KFINCHER - Karen Fincher Page: 27 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount 8,480.00 2,100.00 9,600.00 2,175.00 5,445.00 10,145.00 248.12 60.00 15.00 250.00 37.17 130.00 9,665.83 231.92 250.00 55.00 55.00 85,795.03 123.52 420.97 250.00 3,800.00 70.00 6,303.95 10.00 1,180.50 250.00 330.00 330.00 1,000.00 131.86 14.44 378.21 25.22 66.86 27.73 332.95 1,974.84 100.00 887.86 90.00 288.00 57.00 456.00 4,375.00 12.74 34.04 60.50 266.60 272.00 89.36 322.40 282.08 486.20 Current Date: 05/31/= .2.g Time: 14:5' AP - 00237095 5/24/2006 BD SYSTEMS INC AP - 00237096 5/24/2006 BEARD PROVENCHER AND ASSOC INC AP - 00237096 5/24/2006 BEARD PROVENCHER AND ASSOC INC AP - 00237096 5/24/2006 BEARD PROVENCHER AND ASSOC INC AP - 00237096 5/24/2006 BEARD PROVENCHER AND ASSOC INC AP - 00237096 5/24/2006 BEARD PROVENCHER AND ASSOC INC AP - 00237099 5/24/2006 BISHOP COMPANY AP - 00237100 5/24/2006 BLAKE, DEBBIE AP - 00237101 5/24/2006 BONILLA, JOE AP - 00237102 5/24/2006 BOYETT, ROBIN AP - 00237104 5/24/2006 BROOKS PRODUCTS AP - 00237105 5/24/2006 BROWNING, KORIE AP - 00237107 5/24/2006 BUTSKO UTILITY DESIGN INC AP - 00237108 5/24/2006 CAL PERS LONG TERM CARE AP - 00237109 5/24/2006 CALIFORNIA DEBT ISSUANCE PRIMER AP - 00237110 5/24/2006 CALIFORNIA PARK & RECREATION SOCIETY AP - 00237110 5/24/2006 CALIFORNIA PARK & RECREATION SOCIETY AP - 00237111 5/24/2006 CALIFORNIA PUBLIC EMPLOYEES AP - 00237112 5/24/2006 CALSENSE AP - 00237112 5/24/2006 CALSENSE AP - 00237113 5/24/2006 CANTARERO, MARY AP - 00237114 5/24/2006 CAPITOL STEPS PRODUCTIONS INC. AP - 00237115 5/24/2006 CAVANAUGH, SYLVIA AP - 00237116 5/24/2006 CHAFFEY JOINT UNION HS DISTRICT AP - 00237117 5/24/2006 CHEENEY, AMANDA AP - 00237118 5/24/2006 CHUNG, SO YOUNG AP - 00237119 5/24/2006 CISNEROS, PATRICK AP - 00237120 5/24/2006 CLAAR, KAREN AP - 00237120 5/24/2006 CLAAR, KAREN AP - 00237121 5/24/2006 CLABBY, SANDRA AP - 00237122 5/24/2006 CLARKE PLUMBING SPECIALTIES INC. AP - 00237122 5/24/2006 CLARKE PLUMBING SPECIALTIES INC. AP - 00237122 5/24/2006 CLARKE PLUMBING SPECIALTIES INC. AP - 00237122 5/24/2006 CLARKE PLUMBING SPECIALTIES INC. AP - 00237122 5/24/2006 CLARKE PLUMBING SPECIALTIES INC. AP - 00237122 5/24/2006 CLARKE PLUMBING SPECIALTIES INC. AP - 00237122 5/24/2006 CLARKE PLUMBING SPECIALTIES INC. AP - 00237123 5/24/2006 COFFEE, ROBERT R AP - 00237124 5/24/2006 COLE, MAGDA AP - 00237125 5/24/2006 CONSOLIDA TED ELECTRICAL DISTRIBUTORS] AP - 00237126 5/24/2006 COOPER, CHERYL AP - 00237126 5/24/2006 COOPER, CHERYL AP - 00237127 5/24/2006 COPP CRUSHING CORP, DAN AP - 00237127 5/24/2006 COPP CRUSHING CORP, DAN AP - 00237128 5/24/2006 CREATIVE MANAGEMENT SOLUTIONS INC AP - 00237129 5/24/2006 CUCAMONGA PLUMBING COMPANY AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT User: KFINCHER - Karen Fincher Page: 28 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 0023 7131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT . AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP - 00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT AP-00237131 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT User: KFINCHER - Karen Fincher Page: 29 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 120.86 237.44 272.00 73.06 214.10 337.58 98.50 26.48 248.06 128.36 287.12 353.00 149.88 702.92 297.20 91. 64 371.54 169.94 255.68 295.94 182.54 119.54 226.70 203.96 473.60 374.06 556.76 66.07 134.98 182.49 33.68 87.87 142.22 63.92 163.64 207.74 262.17 434.62 137.50 128.09 67.91 76.66 207.79 57.36 183.86 133.40 201.44 123.32 187.58 908.30 103.22 50.06 105.13 105.13 Current Date: 05/31/: 2 CJ Time: 14:5 Check No. AP - 00237131 AP - 00237131 AP - 00237131 AP - 00237131 AP - 00237131 AP - 00237131 AP - 00237131 AP - 00237131 AP - 00237131 AP - 00237132 AP - 00237132 AP - 00237133 AP - 00237134 AP - 00237135 AP - 00237136 AP - 00237138 AP - 00237139 AP - 00237140 AP - 00237142 AP - 00237143 AP - 00237144 AP - 00237145 AP - 00237145 AP - 00237146 AP - 00237147 AP - 00237148 AP - 00237149 AP - 00237150 AP - 00237151 AP - 00237151 AP - 00237151 AP - 00237152 AP - 00237153 AP - 00237154 AP - 00237155 AP - 00237155 AP - 00237156 AP - 00237157 AP - 00237158 AP - 00237159 AP - 00237160 AP - 00237161 AP - 00237162 AP - 00237163 AP - 00237163 AP - 00237164 AP - 00237165 AP - 00237166 AP - 00237168 AP - 00237169 AP - 00237170 AP - 00237171 AP - 00237172 AP - 00237174 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check Date Vendor Name Amount 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VALLEY WATER DISTRICT 5/24/2006 CUCAMONGA VENTURES LLC 5/24/2006 CUNNINGHAM, RHONDA 5/24/2006 D AND K CONCRETE COMPANY 5/24/2006 DADA, ADETOKUMBO 5/24/2006 DAN GUERRA AND ASSOCIATES 5/24/2006 DEL MECHANICAL 5/24/2006 DIAZ, ADRIAN 5/24/2006 DOUBLET-DE LION, PATRICIA 5/24/2006 EAGLE HEIGHTS EDUCATION 5/24/2006 EARTH RESOURCE FOUNDATION 5/24/2006 EASTERLING, RAY 5/24/2006 EASTERLING, RAY 5/24/2006 EBSCO 5/24/2006 ECOFF, KARlE 5/24/2006 EDIOR, ANTHONY 5/24/2006 ELLISON-SCHNEIDER & HARRIS L.L.P. 5/24/2006 ETCO INVESTMENTS LLC. 5/24/2006 EWING IRRIGATION PRODUCTS 5/24/2006 EWING IRRIGATION PRODUCTS 5/24/2006 EWING IRRIGATION PRODUCTS 5/24/2006 EXCEL TECHNOLOGY 5/24/2006 EXPERIAN 5/24/2006 F S MOTOR SPORTS INC 5/24/2006 FAIRFIELD DEVELOPMENT 5/24/2006 FAIRFIELD DEVELOPMENT 5/24/2006 F ANGONIL, ANGIE 5/24/2006 FEDERAL EXPRESS CORP 5/24/2006 FINESSE PERSONNEL ASSOCIATES 5/24/2006 FRIEDMAN, SABRINA 5/24/2006 FRIENDS OF READ LITERACY PROGRAMS 5/24/2006 FRONT BRIDGE TECHNOLOGIES 5/24/2006 GARCIA, VIVIAN 5/24/2006 GARNER, CATHLEEN 5/24/2006 GARNER, CATHLEEN 5/24/2006 GENERATOR SERVICES CO 5/24/2006 GILKEY, JOHN 5/24/2006 GIRON, SABION 5/24/2006 GOLDSTAR ASPHALT PRODUCTS 5/24/2006 GRADY, MERRILL 5/24/2006 GRAINGER 5/24/2006 GRANITE HOMES INC 5/24/2006 GREENLA W, LYDIA 5/24/2006 GTSI CORP 347.66 356.42 142.54 511.40 89.36 458.54 13 8.44 306.02 98.81 1,384.65 38.13 5,000.00 95.00 1,146.66 500.00 18,265.00 170.00 500.00 1,250.00 17.96 135.00 200.00 325.00 , 8.00 78.00 96.00 5,369.49 513.90 628.05 -29.07 -106.75 14.71 50.00 2,850.72 2,500.00 2,500.00 100.00 18.45 781.2 0 250.00 30.00 850.00 36.05 62.75 91.67 259.25 190.00 25.00 430.47 350.00 17.52 2,500.00 210.00 2,188.92 Current Date: 05/31/= 3. ~ Time: 14:5' User: KFINCHER - Karen Fincher Page: 30 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00237174 AP - 00237175 AP - 00237176 AP - 00237177 AP - 00237178 AP - 00237179 AP - 00237179 AP - 00237180 AP - 00237181 AP - 00237182 AP - 00237183 AP - 00237184 AP - 00237185 AP - 00237185 AP - 00237185 AP - 00237185 AP - 00237186 AP - 00237189 AP - 00237190 AP - 00237190 AP.00237191 AP - 00237192 AP - 00237193 AP - 00237194 AP - 00237195 AP - 00237195 AP - 00237196 AP - 00237197 AP - 00237198 AP - 00237199 AP - 00237200 AP - 00237201 AP - 00237201 AP - 00237202 AP - 00237203 AP - 00237204 AP - 00237205 AP - 00237206 AP - 00237206 AP - 00237207 AP - 00237209 AP - 00237209 AP - 00237210 AP - 00237210 AP - 00237210 AP - 00237210 AP - 00237210 AP - 00237210 AP - 00237211 AP - 00237212 AP - 00237213 AP - 00237213 AP - 00237215 AP - 00237216 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/24/2006 GTSI CORP 5/24/2006 GUNSKI, GREG 5/24/2006 GUTIERREZ, BIANCA 5/24/2006 GYSIN, KATHY 5/24/2006 HAMIL TON, MONIQUE 5/24/2006 HANSEN, BARBARA 5/24/2006 HANSEN, BARBARA 5/24/2006 HANSON, BARRYE 5/24/2006 HARALAMBOS BEVERAGE COMPANY 5/24/2006 HARRIGAN'S TOILET PARTITIONS & ACCESSm 5/24/2006 HILL, PAMELA 5/24/2006 HIRSCH AND ASSOCIATES 5/24/2006 HOLLIDAY ROCK CO INC 5/24/2006 HOLLIDAY ROCK CO INC 5/24/2006 HOLLIDAY ROCK CO INC 5/24/2006 HOLLIDAY ROCK CO INC 5/24/2006 HOLMES, KEVIN 5/24/2006 HUANG, PRUDENCE 5/24/2006 HYDROSCAPE PRODUCTS INC 5/24/2006 HYDROSCAPE PRODUCTS INC 5/24/2006 IBM CORPORATION 5/24/2006 IBM CORPORATION 5/24/2006 INDEPENDENT ELECTRONICS 5/24/2006 INLAND EMPIRE TOURS AND TRANSPORTATIC 5/24/2006 INLAND VALLEY DAILY BULLETIN 5/24/2006 INLAND VALLEY DAILY BULLETIN 5/24/2006 INLAND VALLEY DAILY BULLETIN 5/24/2006 ISBEL, GRANT 5/24/2006 J DC INC 5/24/2006 J T STORM DEVELOPMENT NO 1 LLC 5/24/2006 JANECEK, LINDA 5/24/2006 JIMENEZ, BILLEE JO 5/24/2006 JIMENEZ, BILLEE JO 5/24/2006 JOBS AVAILABLE INC 5/24/2006 JOHNSTON CONSULTING, CHRIS 5/24/2006 JONES AND MAYER, LAW OFFICES OF 5/24/2006 JONES, BOB 5/24/2006 JONS FLAGS AND POLES 5/24/2006 JONS FLAGS AND POLES 5/24/2006 K K WOODWORKING 5/24/2006 KONE INC 5/24/2006 KONE INC 5/24/2006 LAMBARD INC 5/24/2006 LAMBARD INC 5/24/2006 LAMBARD INC 5/24/2006 LAMBARD INC 5/24/2006 LAMBARD INC 5/24/2006 LAMBARD INC 5/24/2006 LEE, JENNIFER 5/24/2006 LIL STITCH 5/24/2006 LITTLE BEAR PRODUCTIONS 5/24/2006 LITTLE BEAR PRODUCTIONS 5/24/2006 LORDAN, WILLIAM 5/24/2006 LOWE'S COMPANIES INC. 1,459.28 70.00 200.00 20.00 250.00 390.00 224.50 1,260.00 496.70 7.34 250.00 87.17 471. 84 437.36 214.32 561.92 80.00 1,425.00 246.81 33.31 883.96 3,455.83 286.62 810.00 388.80 759.72 1,243.00 30.00 5,543.25 15,000.00 23.08 105.00 45.00 482.62 1,125.00 12.50 2,560.00 757.48 618.49 37.66 317.42 410.00 2,092.86 25,637.42 45.62 -209.29 -2,563.74 -4.56 80.00 415.11 4,175.00 725.00 10.00 1,466.29 Current Date: 05/31/= :3 I Time: 14:5' User: KFINCHER - Karen Fincher Page: 31 Report: CK _AGENDA_REG _ PORTRAIT _ RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00237216 5/24/2006 LOWE'S COMPANIES INC. AP - 00237216 5/24/2006 LOWE'S COMPANIESINC. AP - 00237216 5/24/2006 LOWE'S COMPANIES INC. AP - 00237216 5/24/2006 LOWE'S COMPANIES INC. AP - 00237217 5/24/2006 MALALUAN, ROSELLE AP - 00237218 5/24/2006 MANSOURI,IRAJ AP - 00237220 5/24/2006 MARSH, JEREMY AP - 00237221 5/24/2006 MARTINEZ UNION SERVICE AP - 00237222 5/24/2006 MATHIAS, DA VID AP - 00237222 5/24/2006 MATHIAS, DAVID AP - 00237223 5/24/2006 MCGLONE, QUEEN AP - 00237223 5/24/2006 MCGLONE, QUEEN AP - 00237224 5/24/2006 MCMASTER CARR SUPPLY COMPANY AP - 00237224 5/24/2006 MCMASTER CARR SUPPLY COMPANY AP - 00237225 5/24/2006 MCRAE, JANET AP - 00237226 5/24/2006 MEHAS, RYAN AP - 00237227 5/24/2006 MIGLIACCI, THERESA AP - 00237228 5/24/2006 MIJAC ALARM COMPANY AP - 00237229 5/24/2006 MILBES, GHADAH AP - 00237230 5/24/2006 MITCHELL, VIV AN AP - 00237231 5/24/2006 MORALES, MELISSA AP - 00237232 5/24/2006 MOUNTAIN VIEW GLASS AND MIRROR INC AP - 00237232 5/24/2006 MOUNTAIN VIEW GLASS AND MIRROR INC AP - 00237233 5/24/2006 NATIONAL CONSTRUCTION RENTALS AP - 00237234 5/24/2006 NATIONAL DEFERRED AP - 00237235 5/24/2006 NEC UNIFIED SOLUTIONS AP - 00237236 5/24/2006 NEC UNIFIED SOLUTIONS AP - 00237236 5/24/2006 NEC UNIFIED SOLUTIONS AP - 00237236 5/24/2006 NEC UNIFIED SOLUTIONS AP - 00237237 5/24/2006 NESS, CRYSTAL AP - 00237238 5/24/2006 NEW JERUSALEM CHURCH AP - 00237239 5/24/2006 NEXTEL COMMUNICATIONS AP - 00237240 5/24/2006 NIKPOUR, MOHAMMED AP - 00237242 5/24/2006 0 C B REPROGRAPHICS INC AP - 00237243 5/24/2006 OCLC INC AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237244 5/24/2006 OFFICE DEPOT AP - 00237245 5/24/2006 ONESOURCE DISTRIBUTORS INC. AP - 00237246 5/24/2006 ONTARIO WINNELSON CO AP - 00237247 5/24/2006 ORCHARD SUPPL Y HARDWARE AP - 00237247 5/24/2006 ORCHARD SUPPL Y HARDWARE AP - 0023 7247 5/24/2006 ORCHARD SUPPLY HARDWARE AP - 00237247 5/24/2006 ORCHARD SUPPLY HARDWARE AP - 00237247 5/24/2006 ORCHARD SUPPL Y HARDWARE User: KFINCHER - Karen Fincher Page: 32 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 21.29 651.29 376.99 140.39 65.43 4,800.00 20.00 45.00 500.00 60.00 50.00 18.00 61.61 356.09 73.00 400.00 135.00 1,732.80 500.00 250.00 17.23 63.03 493.95 143.52 20,426.30 -2,077.96 78,446.83 2,315.62 22,041.49 500.00 250.00 710.93 72.00 258.66 42.88 42.83 -13.19 84.69 6.22 142.81 80.55 6.98 82.33 14.90 13.48 -18.74 35.36 570.27 242.44 4.30 101.32 127.19 42.00 2.14 Current Date: 05/31/= 32.. Time: 145 Check No. AP - 00237247 AP - 00237247 AP - 00237247 AP - 00237247 AP - 0023 724 7 AP - 00237247 AP - 00237247 AP - 00237248 AP - 00237249 AP - 00237250 AP - 00237251 AP - 00237251 AP - 00237251 AP - 00237252 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP - 00237253 AP'- 00237253 AP - 00237254 AP - 00237255 AP - 00237256 AP - 00237257 AP - 00237258 AP - 00237258 AP - 00237258 AP - 00237259 AP - 00237260 AP - 00237261 AP - 00237262 AP - 00237263 AP - 00237265 AP - 00237266 AP - 00237267 AP - 00237268 AP - 00237269 AP - 00237270 AP - 00237271 AP - 00237272 AP - 00237272 AP - 00237272 AP - 00237272 AP - 00237272 AP - 00237272 AP - 00237273 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/24/2006 ORCHARD SUPPL Y HARDWARE 5/24/2006 ORCHARD SUPPLY HARDWARE 5/24/2006 ORCHARD SUPPLY HARDWARE 5/24/2006 ORCHARD SUPPL Y HARDWARE 5/24/2006 ORCHARD SUPPL Y HARDWARE 5/24/2006 ORCHARD SUPPL Y HARDWARE 5/24/2006 ORCHARD SUPPLY HARDWARE 5/24/2006 ORKIN PEST CONTROL 5/24/2006 ORKIN PEST CONTROL 5/24/2006 ORONA, PATRICIA 5/24/2006 OTT, LAURA 5/24/2006 OTT, LAURA 5/24/2006 OTT, LAURA 5/24/2006 OTT, SHARON 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 OWEN ELECTRIC INC 5/24/2006 PAP A 5/24/2006 PACIFICARE OF CALIFORNIA 5/24/2006 P ALMA, SHAWN 5/24/2006 PARS 5/24/2006 PENNY, JANE 5/24/2006 PENNY, JANE 5/24/2006 PENNY, JANE 5/24/2006 PHONG, BRYAN 5/24/2006 PHONG, LORRAINE 5/24/2006 PISCIUNERI, TONI 5/24/2006 PITNEY BOWES 5/24/2006 PLUMMER, NEIL 5/24/2006 POUK AND STEINLE INC. 5/24/2006 POW AKU, SUNIL 5/24/2006 POWELL, AUDREY 5/24/2006 PRATER, ROBERT 5/24/2006 PRE-PAID LEGAL SERVICES INC 5/24/2006 PRINCIPAL LIFE 5/24/2006 PROGRESSIVE BUSINESS PUBLICATIONS SPEC 5/24/2006 PW GlLLIBRAND INC 5/24/2006 PW GILLIBRAND INC 5/24/2006 PW GlLLIBRAND INC 5/24/2006 PW GILLIBRAND INC 5/24/2006 PW GlLLIBRAND INC 5/24/2006 PW GlLLIBRAND INC 5/24/2006 RCPF A 8.04 63.85 10.98 47.37 6.45 125.22 86.16 970.05 884.00 1,500.00 513.00 162.00 171.00 216.00 575.19 1,000.00 892.84 354.51 190.00 225.00 339.65 26.59 168.75 14.05 59.06 33.94 262.50 75.00 75.00 47,643.17 250.00 3,500.00 53.77 42.09 48.09 80.00 20.95 50.00 266.52 963.62 5,302.93 20.45 100.00 250.00 34.20 1,955.00 94.56 41.68 117.50 958.32 40.68 111.00 990.31 7,332.35 Current Date: 05/31/= 33 Time: 14:5' User: KFINCHER - Karen Fincher Page: 33 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/1 0/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 00237275 5/24/2006 RIVERSIDE CONSTRUCTION COMPANY AP - 00237275 5/24/2006 RIVERSIDE CONSTRUCTION COMPANY AP - 00237276 5/24/2006 ROBERT HALF TECHNOLOGY AP - 00237276 5/24/2006 ROBERT HALF TECHNOLOGY AP - 00237277 5/24/2006 RODRIGUEZ, GRISELDA AP - 00237278 5/24/2006 RODRIGUEZ, NORMA LINDA AP - 00237279 5/24/2006 ROSENVELDT, JP AP - 00237280 5/24/2006 RUDROFF, LINDA AP - 00237281 5/24/2006 RUNYAN, GUERAN AP - 00237282 5/24/2006 S BAND 0 INC AP - 00237282 5/24/2006 S BAND 0 INC AP - 00237283 5/24/2006 SAGHA, NOUR AP - 00237284 5/24/2006 SAN BERNARDINO COUNTY SHERIFFS DEPT AP - 00237285 5/24/2006 SAN BERNARDINO COUNTY AUDITOR/RECORI AP - 00237286 5/24/2006 SAN BERNARDINO CTY SHERIFFS DEPT AP - 00237286 5/24/2006 SAN BERNARDINO CTY SHERIFFS DEPT AP - 00237287 5/24/2006 SBC LONG DISTANCE AP - 00237288 5/24/2006 SENECHAL, CALVIN AP - 00237288 5/24/2006 SENECHAL, CALVIN AP - 00237288 5/24/2006 SENECHAL, CALVIN AP - 00237288 5/24/2006 SENECHAL, CALVIN AP - 00237288 5/24/2006 SENECHAL, CALVIN AP - 00237289 5/24/2006 SIEGRIST, GREGG AP - 00237290 5/24/2006 SIQUEIROS, RITA AP - 00237291 5/24/2006 SKILL PATH INC AP - 00237293 5/24/2006 SO CALIF GAS COMPANY AP - 00237293 5/24/2006 SO CALIF GAS COMPANY AP - 00237293 5/24/2006 SO CALIF GAS COMPANY AP - 00237294 5/24/2006 SOUNDZSKILZ ENTERTAINMENT AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON User: KFINCHER - Karen Fincher Page: 34 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout 42,704.98 1,174.22 1,092.00 840.00 250.00 718.61 38.72 250.00 60.00 3,500.00 4,750.00 162.50 500.00 47,643.12 145,139.90 164,985.04 219.85 84.00 175.00 159.00 133.00 164.50 100.00 250.00 995.00 130.24 142.10 1,644.39 300.00 1,279.94 13.33 13.33 74.29 88.64 26.48 14.45 13.46 14.16 14.32 13.33 13.89 13.46 69.61 14.16 92.12 14.71 41.85 81.31 42.29 13.33 136.30 13.33 13.33 91.07 Current Date: 05/31/= 3lf Time: 145 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check No. Check Date Vendor Name Amount AP - 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00237296 5/24/2006 SOUTHERN CALIFORNIA. EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237296 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237297 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237297 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237297 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237297 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237297 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237297 5/24/2006 SOUTHERN' CALIFORNIA EDISON AP - 00237298 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237298 5/24/2006 SOUTHERN CALIFORNIA EDISON AP - 00237299 5/24/2006 SOUTHLAND SPORTS OFFICIALS AP - 00237300 5/24/2006 SPANISH AUDIO VISUAL COLLECTION AP - 00237301 5/24/2006 STEINY AND COMPANY INC AP - 00237301 5/24/2006 STEINY AND COMPANY INC AP - 00237302 5/24/2006 SULLY-MILLER CONTRACTING COMPANY AP - 00237303 5/24/2006 SWAN, JASON AP - 00237304 5/24/2006 SWANK MOTION PICTURES INC AP - 00237304 5/24/2006 SWANK MOTION PICTURES INC AP - 00237305 5/24/2006 T MOBILE AP - 00237306 5/24/2006 TANNER RECOGNITION COMPANY, 0 C User: KFINCHER - Karen Fincher Page: 35 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout 150.73 56.85 96.34 26.48 13.89 41.31 13.33 12.47 13.33 145.90 15.28 12.47 29.43 16.18 47.80 13.60 98.09 13.33 24.78 117.10 13.33 15.01 14.01 134.12 13.46 150.55 98.01 105.36 137.25 21.03 20.59 652.40 234.05 50.03 70.14 14.09 46.80 26.92 2,833.55 2,842.48 7,251.53 629.30 7,298.35 10,000.00 747.00 20.90 76,582.80 -7,658.28 264,495.43 200.00 -371.00 381.85 54.81 879.45 Current Date: 05/31/= 3 5 Time: 145 Check No. AP - 00237309 AP - 00237310 AP - 00237311 AP - 00237314 AP - 00237314 AP - 00237315 AP - 00237316 AP-00237317 AP - 00237318 AP - 00237319 AP - 00237319 AP - 00237319 AP - 00237319 AP - 00237319 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/24/2006 THOMSON GALE 5/24/2006 TOBIAS, LA TASHA L 5/24/2006 TOP FLIGHT INDUSTRIES INC 5/24/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 5/24/2006 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 5/24/2006 UNITED WAY 5/24/2006 US POSTMASTER 5/24/2006 VERIZON SELECT SERVICES INC 5/24/2006 VERIZON WIRELESS - LA 5/24/2006 VERIZON WIRELESS - LA 5/24/2006 VERIZON WIRELESS - LA 5/24/2006 VERIZON WIRELESS - LA 5/24/2006 VERIZON WIRELESS - LA 5/24/2006 VERIZON WIRELESS - LA 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 54.08 450.00 39.80 3,187.67 37,452.14 31.00 40,000.00 26.48 8,446.02 124.51 129.55 38.31 53.56 87.82 86.80 31.10 29.50 109.38 29.50 28.53 28.53 90.19 90.19 90.19 19.39 42.92 28.53 19.39 413.52 38.41 90.19 29.50 60.63 29.50 29.58 57.10 139.71 143.49 31.05 90.19 90.19 90.19 90.19 28.53 90.19 90.19 19.39 21.50 90.44 29.09 90.44 57.99 28.53 19.39 Current Date: 05/31/: .3 ~ Time: 14:5 User: KFINCHER - Karen Fincher Page: 36 Report: CK _AGENDA_REG _ PORTRAIT _ RC - CK: Agenda Check Register Portrait Layout Check No. AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237321 AP - 00237322 AP - 00237323 AP - 00237325 AP - 00237325 AP - 00237325 AP - 00237326 AP - 00237326 AP - 00237327 AP - 00237328 AP - 00237329 AP - 00237329 AP - 00237330 AP - 00237331 AP - 00237332 AP - 00237333 AP - 00237335 AP - 00237336 AP - 00237337 AP - 00237338 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 5/10/2006 through 5/30/2006 Check Date Vendor Name Amount 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VERIZON 5/24/2006 VIDEO GUYS, THE 5/24/2006 VORTEX INDUSTRIES INC 5/24/2006 WAXIE SANITARY SUPPLY 5/24/2006 WAXIE SANITARY SUPPLY 5/24/2006 W AXlE SANITARY SUPPLY 5/24/2006 WEST GROUP 5/24/2006 WEST GROUP 5/24/2006 WEST PAYMENT CENTER 5/24/2006 WESTERN PUMP INC 5/24/2006 WESTERN PUMP INC 5/24/2006 WESTERN PUMP INC 5/24/2006 WESTERN RIVERSIDE COUNCIL OF GOVERNMJ 5/24/2006 WHITEMAN, OLIVIA 5/24/2006 WOOD, SUE 5/24/2006 WOODARD, JENNIFER 5/24/2006 YEE, LARRY 5/24/2006 YOUNG, FRANK 5/24/2006 ZEE MEDICAL INC 5/24/2006 ZELA Y A, CELINA 88.55 28.53 41.16 48.60 56.18 29.50 78.40 469.79 130.35 100.62 577.46 103.88 733.93 2,022.19 8,533.37 134.99 64.68 200.18 268.27 12,087.81 9,991.00 -999.10 50.00 110.00 300.00 2,500.00 20.00 88.00 218.45 4.66 5,608,013.65 5,608,013.65 Total for Check ID AP: Total for Entity: User: KFINCHER - Karen Fincher Page: 37 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 05/31/= ..37 Time: 145 STAFF REpORT ENGINEERING DEPARTMENT Date: To: From: By: Subject: RANCHO CUCAMONGA June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer r\ ~ Cindy Hackett, Associate Engine~~ APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR BERYL STREET STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM ALTA LOMA DRIVE TO SUNFLOWER STREET TO BE FUNDED FROM DRAINAGE FUNDS, ACCOUNT NO. 11123035650/1505112 RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of the Beryl Street Storm Drain Improvements and Pavement Rehabilitation from Alta Lorna Drive to Sunflower Street and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND / ANALYSIS Beryl Street Storm Drain Improvements and Pavement Rehabilitation scope of work in general consists of, but not limited to, the installation of a master planned storm drain with pertinent manholes, laterals and catch basins, sewer and water line relocation, cold milling and pavement rehabilitation, installation of concrete curb and gutter, handicap ramp, cross gutter, replacement of rockscape, landscape and irrigation in like and kind, adjustment of utilities to grade, re-striping and pavement markings. The project is to be funded from Drainage funds, Account No. 11123035650/1505112. Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. The Engineer's estimate for the Beryl Street Storm Drain Improvements and Pavement Rehabilitation is $1,100,000. Legal advertising is scheduled for June 12, June 26, and July 11, 2006 with bid opening at 2:00 p.m. on Tuesday, July 18, 2006. Respectfully submitted, C)tauu' William J. O'Neil City Engineer WJO:CH Attachments: Vicinity Map and Resolution 38 RESOLUTION NO. () t,... / $ 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR "BERYL STREET STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM AL TA LOMA DRIVE TO SUNFLOWER STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS~ the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "BERYL STREET STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM AL TA LOMA DRIVE TO SUNFLOWER STREET". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: . "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamong8 will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, July 18, 2006, sealed bids or proposals for the "BERYL STREET STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM ALTA LOMA DRIVE TO SUNFLOWER STREET". Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "BERYL STREET STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM AL TA LOMA DRIVE TO SUNFLOWER STREET". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director ofthe Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. 39 RESOLUTION NO. -~Jul'"le-7,-2006~-~--- - Page 2 Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 'It) RESOLUTION NO. . ----June 7, 2006 Page 3 The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California, 91730. Copies of the plans and specifications, available at the office of the City Engineer, Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and '-1/ RESOLUTION NO. June 7, 2006 Page 4 specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non-reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "BERYL STREET STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM ALTA LOMA DRIVE TO SUNFLOWER STREET" may be directed to: Cindy Hackett, Associate Engineer at (909) 477-2740, ext. 4066 By order of the Council of the City of Rancho Cucamonga, California. Dated this ih day of June, 2006 Publish Dates: June 12, June 26 and July 11, 2006 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this ih day of June, 2006. William J. Alexander, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the ih day of June, 2006. Executed this ih day of June, 2006, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: June 12, June 26 and July 11,2006 '12 BERYL STREET STORM DRAIN AND PAVEMENT REHABILITATION FROM ALTA LOMA DRIVE TO SUNFLOWER STREET CITY OF RANCHO CUCAMONGA VICINITY MAP ~ NTS ~3 THE C I T Y o F ANellO UCAMONGA Staff Report TO: FROM: BY: DATE: SUBJECT: Mayor and Members of the City Council Jack Lam, AICP, City Manager OM Kevin McArdle, Community Services Director Ryan Samples, Community Services Supervisor June 7,2006 APPROVAL FOR A SINGLE SOURCE PURCHASE OF MITY-L1TE FURNITURE FOR CENTRAL PARK WITH MITY-L1TE OF OREM, UTAH, IN THE AMOUNT OF $21,116.07 AND APPROVAL TO APPROPRIATE $21,116.07 TO ACCOUNT NO. 1120305-5200 FROM ALLOCATED PROJECT FUNDS. RECOMMENDATION It is recommended that the City Council approve the single source request for the purchase of various items from Mity-Lite of Orem, Utah for the Central Park Senior/Community Center and authorize the expenditure of $21,116.07 and approve the appropriation of $21,116.07 to Account Number 1120305-5200 from allocated project funds. BACKGROUND During the first year of operation of Central Park the demand for rental space has exceeded original projections consequently increasing the demand for equipment used for those rentals. On a regular basis, multiple rooms including the outdoor event space, Mesa Courtyard, are being used simultaneously without enough tables to meet the demand. In addition, the growth of programs offered at Central Park has placed similar demands for more tables. This recommendation is for the purchase of twenty-Jour (24) classroom style tables, twenty-two (22) rectangular activity tables, twenty-six (26) round dining tables, sixteen (16) card tables and eight (8) table carts of various sizes. Through the past years, the City has standardized the community center tables at all facilities, using a one-piece molded fiberglass table. These 'tables have proven to be very durable and staff efficient. Staff researched pricing for the lightweight tables and found that buying manufacturer direct from Mity-Lite, based off GSA pricing, would afford a considerable cost savings over two other 4'-/ AUTHORIZA TlON FOR PURCHASE OF MITY-LlTE FURNITURE June 7, 2006 PAGE 2 competitor's products. With this in mind, staff is asking that the submitted quote be used for award. These tables are the same tables that were purchased in September 2004 and are currently in use at Central Park. The quote for the tables is attached for your review. Kevin Mc rdle Community Services Director Attachment '15 MITY -LITE: CUSTOMER ORDER FORM Page 1 of2 Samples, Ryan From: Troy Baller [troyb@mitylite.com] Sent: Monday, May 22,20066:17 AM To: Samples, Ryan Subject: Mity-Lite Customer Order Form # 178740 *************** SPECIAL NOTES *************** Ryan, Here is the revised quote including inside delivery charges: This includes delivering the product inside the building and not taking the boxes and trash out. Let me know if you need this included. Thanks, Troy Baller ' ************* END SPECIAL NOTES ************* CUSTOMER ORDER FORM THIS IS NOT AN INVOICE mJ:jyJl!e Quote Number: 178740 Ordering Customer Number: 157030 Billing Customer Number 157131 Customer P.O. Number 'tlll!'I.HiIu'.utligh~htd1lrability. IlsHIP TO II CITY OF RANCHO CUCAMONGNCOMM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 USA Attn: JENNIFER HUNT TERMS II ORDER TYPE II NET 30 Regular SALES REP II SALES REP PHONE II Tray Baller 800-273-1213 IIQUOTED TO CITY OF RANCHO CUCAMONGNCENTR 9791 ARROW ROUTE RANCHO CUCAMONGA, CA 91730 USA Attn: RYAN SAMPLES IIINVOICE TO* CITY OF RANCHO CUCAMONGNCOMM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91729 USA Attn: JENNIFER HUNT II II F.O.B. II II SCHEDULED DATE 4/4/2006 SHIP VIA II II RECEIVED DATE 4/4/2006 ORIGIN - PREPAID BEST WAY POSSIBLE I QUANTITY II ITEM II UNIT PRICE TOTAL PRICE I I 22 I RT3072SBE2: 30 IN. X 6 FT, SPECKLED BEIGE RECTANGULAR TABLE, 29" TALL WITH BROWN I $162.00 $3,564.00 I TRIM; BROWN, FIXED HEIGHT LEGS ~ RT1872SBE2: 181N. X 6 FT. SPECKLED BEIGE RECTANGULAR TABLE, 29" TALL WITH BROWN I $146.00 $3,504.00 I TRIM; BROWN, FIXED HEIGHT LEGS ~ RT3636SBE2: 3 FT. X 3 FT. SPECKLED BEIGE RECTANGULAR TABLE, 29" TALL WITH BROWN I $122.00 $1,952,00 I TRIM; BROWN, POST LEGS ~ CT72SBE2: 6 FT. SPECKLED BEIGE CIRCULAR TABLE, 29" TALL WITH BROWN TRIM; BROWN, I $295.00 $7,670.00 I FIXED HEIGHT LEGS I 2 I CRTCT42-72BLK56: CART; HOLDS 42" - 72' CIRCULAR TABLE; EDGE; BLACK FRAME; NON- I $339.00 1\ $678.00 \ MARRING 6' CASTERS; NARROW ~ CRT18-72EBLK4: CART; HOLDS 1872 TO 3672 RECTANGULAR TABLE; EDGE; BLACK FRAME; I $320.00 II $1,280.00 I NON-MARRING 6" CASTERS q.fo 5/23/2006 MITY -LITE: CUSTOMER ORDER FORM Page 2 of2 I II Item Notes: Holds 10 72" long tables II II I 2 I CRTCTS30-36BLK2: CART; HOLDS 30 AND 36 CIRCULAR TABLE; SMALL; BLACK FRAME; NON I $342.00 II $684.00 MARRING 5' CASTERS . I 1 II INSIDE DELIVERY: II $382.50 II $382.50 SALES TAX l . $1,401.57. , $21,1J_6.02J QUOTE TOTAL L -. - -~ Quote Notes: Quote Valid through May 4, 2006 Signature*: Date: *Your signature confirms items & quantities desired and agreement to payment terms as indicated. Orders will not be scheduled for production & shipment without a valid signature. 1301 West 400 North Orem, Utah 84057-4442 tel 801.224.0589 800.327.1692 fax 801.224.6191 website www.mitylite.com '-11 5/23/2006 RANCHO CUCAMONGA E= m~ [t '" 'al~ _ !! ~ J!l~ <~nBJh"- w.m ENGINEERINO DEPARTMENT Staff Report DATE: TO: FROM: BY: SUBJECT: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, Executive Director William J. O'Neil, City Engineer Robert Lemon, Management Analyst II Dawn Haddon, Purchasing Manager AUTHORIZATION TO PURCHASE TWO (2) FORD ESCAPE HYBRIDS FOR THE CITY'S NPDESIINTEGRATED WASTE PROGRAM STAFF,' FROM FAIRWAY FORD OF PLACENTIA, CA, IN THE AMOUNT OF $52,818.42, PER RFB#.05/06-006. FROM ACCOUNT NUMBER '1188313-5604 (CAPITAL OUTLAY -VEHICLES) RECOMMENDATION It is recommended that City Council approve the purchase of two (2) Ford Escape Hybrids for the City's NPDES/lntegrated Waste Program staff, from Fairway Ford of Placentia, CA, in the amount of $52,818.42, per Request for Formal Bid (RFB) #05/06-006, to be funded from account number 1188313-5604 (Capital Outlay-Vehicles). BACKGROUND The City increased its inspection staff for its NPDES/lntegrated Waste Program by adding two inspectors in FY 2005-06. The two hybrid vehicles currently requested are related to this staff enhancement and will be utilized by the new inspector positions as these positions are assigned primarily to field duties and are required to conduct numerous on-site commercial and construction site inspections throughout the City. Both hybrid vehicles were included within the FY 2005-06 Amended Budget document that was approved by City Council on May 17, 2006. Purchasing contacted Fairway Ford, who was the lowest, responsive, responsible bidder on a competitive vehicle bid done in November 2005. They have agreed to extend the bid terms and conditions for two (2) additional Ford Escape hybrids for the Integrated Waste Management Division. A copy of the abstract for RFB #05/06-006 is available in the Purchasing Division for your review. Respectfully submitted, Cfett Ud William J. O'Neil City Engineer WJO:RL:DH 'i~ THE T Y RANCIIO CUCAMONGA StaffR~rt DATE: TO: FROM: BY: SUBJECT: June 7, 2006 Mayor, Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Rex Whitney, Maintenance Supervisor Dawn Haddon, Purchasing Manager APPROVAL TO AWARD THE PURCHASE OF ONE (1) JOHN DEERE 4720, COMPACT UTILITY TRACTOR, WITH OPTIONS, FROM R.D.O. EQUIPMENT, UTILIZING CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT NUMBER 4-96-37-000/A. IN THE AMOUNT OF $33.935.86 TO BE FUNDED FROM ACCOUNT NUMBER 1848303-5603, AND TWO (2) PROGATOR 2020 UTILITY VEHICLES FROM AA EQUIPMENT, UTILIZING CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT NUMBER 4-01-23-0007/A, IN THE AMOUNT OF $33.695.58 TO BE FUNDED FROM ACCOUNT NUMBERS 1712001- 5603 ($16,847.79) AND 1848303-5603 ($16.847.79) . RECOMMENDATION It is recommended that the City Council approve the purchase of one (1) John Deere 4720 compact utility tractor, with options, from R.D.O. Equipment, utilizing California Multiple Award Schedule (CMAS) contract number 4-96-37-000/A, in the amount of $33,935.86 to be funded from account number 1848303-5603, and two (2) Progator 2020 utility vehicles from AA Equipment, utilizing California Multiple Award Schedule (CMAS) contract number 4-01-23-0007/A, in the amount of $33,695.58 to be funded from account numbers 1712001-5603 ($16,847.79) and 1848303-5603 ($16,847.79). BACKGROUND/ANALYSIS In the FY 05/06 budget, the City Council approved the purchase of one new John Deere tractor for the grading of the equestrian arenas and horse trails at Heritage Community Park. City Council also approved the replacement of one existing John Deere utility vehicle to be used at the Sports Complex and the purchase of one new John Deere Utility Vehicle to be used at Red Hill Park. John Deere has proven to be a very dependable tractor over the past 25 years they have been in service with the Public Works Department. The John Deere utility vehicle has been used for over 15 years and has also proven to be very dependable. Service and parts are readily available for both vehicles from a local distributor and all of the existing implements that are utilized by Parks Maintenance staff are adaptable to the vehicles specified. J.j 9 John Deere 4720 Tractor and Two (2) Progator 2020's .. June 7, 2006 Page 2 Engineering provided specifications to Purchasing to research pricing for a John Deere 4720 tractor and two (2) Progator 2020 utility vehicles. John Deere has been awarded a CMAS contract for lawn and agriculture equipment in which the City is allowed to utilize. A formal request for quote was sent to five (5) authorized John Deere dealers. Purchasing received three (3) responses and there were two (2) no responses. After careful analysis of submitted quotes, R.D.O. Equipment had submitted the lowest, responsible quote for the 4720 tractor. Staff recommends awarding the 4720 tractor to R.D.O. Equipment, utilizing CMAS contract number 4-96-.37-000/A Upon review of the submitted prices for the two Progator's, AA Equipment has submitted the lowest, most responsive, responsible quote meeting all specified requirements. Therefore, Staff recommends awarding the two (2) Progator 2020's to AA Equipment, utilizing CMAS contract number 4-01-23-0007/A. Respectfully submitted, Cfu~eL William J. O'Neil City Engineer WJO:RW:DH:kh so RANCHO CUCAMONGA ~~mJ.~r~1mFt.f~ff;i"'>"~- illfi~@_{~ ~~lfJlliI!j~~IW~~~WM!i>;-~ =_~ AOMINI8>TRATIVE SERVICE8> Staff Report DATE: TO: FROM: BY: SUBJECT: June 7,2006 Mayor William J. Alexander, Members of the City Council and Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Director Manuel E. Pilonieta, Information Systems Manager~ Dawn Haddon, C.P.M., Purchasing Manager JJN APPROVAL TO AWARD A SINGLE SOURCE CONTRACT TO UPSCO POWERSAFE SYSTEMS, INC. OF UPLAND FOR THE REPLACEMENT OF THE UNINTERRUPTED POWER SUPPLY AT THE CIVIC CENTER IN THE AMOUNT OF $137,369.00 PLUS A TEN PERCENT (10%) CONTIGENCY OF $13,737.00 FOR A TOTAL OF $151,106.00 TO BE FUNDED FROM 1025001-5603; APPROVAL TO APPROPRIATE $151,106.00 FROM THE CAPITAL RESERVE FUND BALANCE INTO 1025001-5603 RECOMMENDATION It is recommended that the City Council approve the award of a single source contract to UPSCO Powersafe Systems, Inc. of Upland for the replacement of the uninterrupted power supply at the Civic Center in the amount of $137,369.00 plus a ten percent (10%) contingency of $13,737.00 for a total of $151,106.00 to be funded from 1025001-5603; approval to appropriate $151,106.00 from the Capital Reserve fund balance into 1025001-5603. BACKGROUND/ANALYSIS The uninterrupted power supply system (UPS) at the Civic Center is 17 years old and in danger of failing soon. Basically, this system is a computerized battery charger with links to both the incoming Edison power supply and to the emergency generator in the Civic Center. This UPS is a sophisticated circuit breaker or filter that is responsible for "conditioning" and maintaining a constant flow of electricity to the computer data center, the Fire dispatch computer system, and the ASSI key card security system. 51 Page 2 June 7, 2006 The UPS performs three critical functions: it protects these systems from power spikes entering through the Edison grid; it interfaces between Edison and generator power whenever an Edison power failure occurs; and it supplies several hours of battery back up to these critical systems during times that that both Edison and generator power are unavailable due to service failures or maintenance routines. Our most immediate concern arose during a recent routine maintenance service when it was discovered that the batteries were not holding a charge. A detailed evaluation revealed that the system was not delivering a full and consistent charge to the batteries and that the secondary back up to the charger was not working. Upon researching the problem with the manufacturer, we were informed that the system is obsolete and that they are no longer making spare parts compatible with the old charging system. It is vital that the process for replacing this system begin very soon in order to provide protection for the computer services, fire dispatch servers, and the security system. Based on recommendations from Facilities, it was determined that the current vendor, UPSCO Powersafe Systems, Incorporated, be requested to provide pricing for an urgent replacement of the UPS system. Due to the urgency of the project, Purchasing requested a proposal for review. The price was determined to be price reasonable and the vendor can start installation immediately once the contract is approved. Respectfully submitted, ~.~ Lawrence I. Temple Administrative Services Director 52. RANCHO CUCAMONGA DMINI&TRATIVE ERVICE& Staff Report DATE: TO: FROM: BY: SUBJECT: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Director Manuel E. Pilonieta, Information Systems Manager? APPROVAL TO AWARD A SINGLE SOURCE CONTRACT TO GLOBAL PRESENTERS FOR THE PURCHASE OF PROJECTORS FOR THE COUNCIL CHAMBERS, THE RAINS CONFERENCE ROOM AND THE CITY LOANER POOL IN THE AMOUNT NOT TO EXCEED $33,000 FROM THE COMPUTER EQUIPMENT REPLACEMENT FUND ACCOUNT NUMBER 1714001-5605 RECOMMENDATION It is recommended that the City Council approve an award of a single source contract to Global Presenters for the purchase of projectors for the Council Chambers, the Rains Conference Room, and the City loaner pool in the amount not to exceed $33,000 from the Computer Equipment Replacement Fund account number 1714001-5605 (Capital Outlay-Compufer Equipment). BACKGROUND The projectors in the Council Chambers are over four years old, have exhibited problems, are manufactured discontinued and need replacement. The Rains Conference Room does. not currently have a projector and one is requested to be permanently installed to help facilitate the increased need for presentations that are delivered in this conference room. Also, the Information Systems Division currently has loaner projectors that are checked out and are highly used by all departments for presentations. These projectors are also several years old and are incompatible with the video resolution of newer laptop computers. Purchasing has determined the costs to be price reasonable, and due to the required programming interface for the existing systems, has approved a single source award to Global Presenters, who has been supporting some of the City's audio visual services. Respectfully submitted, Lawrence I. Temple Administrative Services Director .53 " Xcr '/ kc~ ~~~'.: "r: ~i-?~ '-- RANCHO CUCAMONGA STAFF REpORT ENGINEERING DEPARTMENT Date: June 7,2006 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Shelley Hayes, Engineering Technician Subject: APPROVAL OF THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO.1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 7778 VALLE VISTA, LOCATED ON THE WEST SIDE OF VALLE VISTA NORTH OF CAMINO SUR, SUBMITTED BY KATONA BUILT, LLC. RECOMMENDATION It is recommended that the City Council adopt the attached resolution, ordering the annexation to Landscape Maintenance District NO.1 and Street Lighting Maintenance District Nos. 1 and 2. BACKGROUND/ANALYSIS 7778 Valle Vista, located on the west side of Valle Vista, north of Camino Sur, in the Low Residential District (2-4 dwelling units per acre), has applied for a building permit for a large room addition to a single-family residence. The developer is required to fulfill certain conditions along with the normal processing. As part of those conditions, the developer is required to have the project annexed into the appropriate lighting and landscape maintenance district. The Consent and Waiver to Annexation forms signed by the developer are on file in the City Clerk's Office. Respectfully Submitted, COMMUNITY DEVELOPMENT SERVICES ENGINEERING DIVISION Cfwt/Ud William J. O'Neil City Engineer WJO:SH:tv Attachments si Vicinity Map 7778 Valle Vista C1 \Blib:11 ~ ~ ~ N W+E. S ss RESOLUTION NO. oft,- /6tJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 7778 VALLE VISTA (APN: 0207-061-17) WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "72 Act"), said special maintenance district known and designated as Landscape Maintenance District No.1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No.2 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding the such provlSlons of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the st, annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act andior Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amount snot to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all true and correct SECTION 2: This City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvements. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including levy of all assessments, shall be applicable to the Territory. 2 7778 Valle Vista S1 -~-----Exhibit-A-- ---- --- u Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Katona Built, LLC The legal description of the Property is the following described real property in the City of Rancho Cucamonga, County of San Bernardino, State of California: LOT 160 TRACT NO. 2386, COMMONLY KNOWN AS RED HILL ESTATES, AS PER MAP RECORDED IN BOOK 34, PAGE 14, 15 AND 16 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A-I 7778 Valle Vista 5<t EXHIBIT "A a I, A:SSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. I STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 7778 Valle Vista !!1 \JI.~I ~ l A CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO NOR'$C) ST A TF. 01{ r Ii, 1f iil'nDl...rr. A Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): Landscape Maintenance District No.1 (LMD #1) represents 23.63 acres oflandscape area, 41.88 acres of parks and 16.66 acres of community trails that are located at various sites throughout the City. These sites are not considered to be associated with anyone particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.2 (LOCAL STREETS): Street Light Maintenance District No.2 (SLD #2) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. ' It has been determined that the facilities in this district benefit this area ofthe City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. B-1 7778 Valle Vista .&; () Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: 7778 Valle Vista Street Lights SLD # 1 SLD # 2 5800L Number of Lamps 9500L 16,OOOL 22,OOOL 27,500L Landscaping Community Trail DGSF Turf SF Non-Turf SF Trees EA LMD # 1 *Existing items installed with original project Assessment Units by District Parcel DU or Acres I DU S I I S2 I L I I B-2 7778 Valle Vista ~/ _~ ~_ _ Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO.1 (GENERAL CITY): The rate per assessment unit (A.u.) is $92.21 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No.1 (General City): # of Physical #of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Parcel 7699 1.0 7951 $92.21 $733,161.71 Family Multi- Units 7091 0.5 3570 $92.21 $329,189.70 Family Comm/Ind. Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (7778 Valle Vista) is: 1 SFR x 1 A.D. Factor x $92.21 Rate Per A.D. = $92.21 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Family Multi- Unit 8,540 1.00 8,540 $17.77 $151,755.80 Family Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (7778 Valle Vista) is: 1 SFR x 1 A.D. Factor x $17.77 Rate Per A.U. = $17.77 Annual Assessment C-l 7778 Valle Vista t,z. STREET LIGHT MAINTENANCE DISTRICT NO.2 (LOCAL STREETS): The rate per assessment unit (AU.) is $39.97 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No.2 (Local Streets): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 6050 1.00 6050 $39.97 $241,818.50 Family Multi Unit 24 1.00 919 $39.97 $36,732.43 Family Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86 Total $280,073.79 The Proposed Annual Assessment against the Property (7778 Valle Vista) is: 1 SFR x 1 AU. Factor x $39.97 Rate Per AU. = $39.97 Annual Assessment C-2 7778 Valle Vista ~3 CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR 7778 VALLE VISTA LANDSCAPE MAINTENANCE DISTRICT NO.1 STREET LIGHTING MAINTENANCE DISTRICT NO.1 AND STREET LIGHTING MAINTENANCE DISTRICT NO.2 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA WILLIAM J. O'NEIL, the undersigned, hereby certifies as follows: That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the ih day of June, 2006, I reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file in the Office of the City Clerk. ' That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District. That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of California. EXECUTED this 7th day of June, 2006, at Rancho Cucamonga, California. CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA 1&; 'I THE C I T Y o F RANCIIO CUCAMONGA Staff Report DATE: June 07,2006 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Dan Coleman, Acting City Planner BY: Tabe van der Zwaag, Assistant Planner SUBJECT: CONSIDERATION OF A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION _ DRC2006-00428 - SCHRIVER WINES, INC. FOR WINESTYLES - A REQUEST FOR A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE AND A TYPE 42 - ON SALE BEER AND WINE LICENSE FOR A WINE RETAIL ESTABLISHMENT THAT ALSO OFFERS REGULAR WINE TASTING EVENTS IN THE MIXED USE DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD - APN: 208-331-37. RECOMMENDATION: Staff recommends that the City Council approve the determination of Public Convenience or Necessity for Winestyles through the adoption of the attached Resolution of Approval, and forward a copy to the Department of Alcoholic Beverage Control (ABC). ANALYSIS: A. Backaround: Winestyles is proposed to be located on the southwest corner of Foothill Boulevard and Haven Avenue, within the Town Square retail center (Exhibit B). They will sell wine, gift baskets and hold regular wine tasting events. The general public will also be able to taste wines prior to purchasing them. They will be open Tuesday through Saturday, from 10:00 a.m. to 9:00 p.m. and on Sundays from 11 :00 a.m. to 8:00p.m.. B. Reauirements from Department of Alcohol Beveraae Control: The Department of Alcohol Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to the total population of the census tract. According to ABC staff, the off-sale and on-sale licenses in this census tract (0021.00) total 91, 56 over the limit of 35 licenses. Section 23958 of the Business and Professional Code requires ABC to request a finding of Public Convenience or Necessity (PCN) from the local governing agency to approve additional licenses in census tracts that surpass the limit. The legislation purposely left the term Public Convenience or Necessity (P5 CITY COUNCIL STAFF REPORT WINESTYLES - DRC2006-00428 June 7, 2006 Page 2 undefined, so thatthe local legislative body, in this case the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances. C. Facts To Support A Public Convenience And Necessity Determination: The following are facts to support the requested Public Convenience and Necessity: Fact: A retailer of alcoholic beverages and gift baskets which also offers wine tasting events is a common and accepted business. Fact: The site is located at the southwest corner of Foothill Boulevard and Haven Avenue. Both streets are designated as major thoroughfares and the site is suited for this type of business. Fact: The census tract in which the site is located (0021.00) includes portions of Rancho Cucamonga, particularly along Foothill Boulevard, that has numerous restaurants with on-sale alcohol licenses. This census tract also includes Ontario Mills shopping center in the city of Ontario, which has a large number of restaurants with alcohol licenses. Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, greatly diminishing potential negative effects that an additional alcohol license will have on the City's residential neighborhoods. Fact: Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of a retail wine outlet that permits customers to sample the merchandise prior to making their purchase and which sells wine oriented gift baskets. CONCLUSION: Based on the above analysis, staff finds that the Off-Sale Beer and Wine (Type 20) license and the On-Sale Beer & Wine (Type 42) license proposed for the site will not have a negative impac e rounding uses 7ct!u1lY sub "Iled, Dan Coleman Acting City Planner DC:TV:rlc Attachments: Exhibit A - Site Plan Exhibit B - Census Tract Map Exhibit C - ABC Application Work Sheet Exhibit D - Current and Proposed Liquor Licenses within the Subject Census Tract Exhibit E - ABC License Types and Descriptions Resolution of Approval for Public Convenience or Necessity DRC2006-00428 t,t, t; ~ ..Ul Wl,d Ii! 'o,u -8-40 'OJ 1fi! ] ~ j] J!J! g'O roon'IILl BLVD. (ROUTI! 66) .. (~IJI ~i 1 i 't w p: o ~l g,! ~II~ lJ i ~~ { N C ,,&'r: J) ], J! l , j J Ji c .~ g ~ Jl~j _0 ~UlE ~ e~~ c: !~} j t; f ~ 11 E. ::: i~~", - I- Pji'. "..,0M INTll.Y IIIIIIUJIII ~ 100 . V. . .l.-v.. - ~ ." JI . . INFORMATION 1.\11 rTl11I111 lI'iim..l;;;' I I ..:I I I...... CENTER (f:::. . , , I , , ,I .... 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IIIILC:J - _ ..., ~~ ~~'~ \''''.'' = == - ~~. ........ ." ~ 'i '':I II" ~ - = = = = ,'g IT "" - - mmrm J.I'Wll I I)\U:: r1u:;m:1 nl = ~ = = = 1;:'1:I'g: 1~~gJln~'1 _II .,1 IhuJtwo I,~ -' r @2.... Iiwo... r-~.. II ... . l!<' ____ ~ -)( w- = la' ~ -4:f V~ ' ""U\ --.;.--. RI!lIDINf I~''''Y ~ .!O PROJECT SITE ~. :" . .".. - TO IIAVIN Ill! CIVIC CENTER EXHIBIT A C,'7 ~ .... .- ' fn fn (I) (.) (I) ZOO s...N O~ 0)0 uC? c:CD 0)0 .- 0 C:N (1)0 >r:t:: 50 o (.) .- - .c ~ D.. CI) ~ tn c: CI) CI) -> bca I.UtnJ: ~CI)O..,J ..,JC:O..,J LLI -- ^"I s: CI) > "... ~ ~>coo f2 EXHIBIT B ~.~ ' ~ i ;;<T~~~ (Q) [Q))f " 23958.4 B & P APPLICATION WORK SHEET PREMISES ADDRESS: '82-00 ~~ = -iZ~~-:> C V'{\ 0 A: 1 QA- LICENSE TYPE: iD ~ 4 z.. - OAil" ~[E: 1. CRIME REPORTING DISTRICT q\i=O e. DFF Yt-lc :Jurisdiction unable to pr Reporting District: Total number of reporting districts: Total number of offenses: 120% of average nu Location is within a high crime reporting district: Yes/No 2. CENSUS TRACT UNDUE CONCENTRATION Census Tract: DO 2.l . 00 Population /County Ratio 01...1. ~\c:: Number of licenses allowed: \ '2::> D~Y ~\E It Number of existing licenses: toB 2.-:;' . /":::-;:;-,... ~ \ \ ~ Undue concentrati~n exrst~iu o-F\.- -,~ Letter of public convenience or necessity requ~~ / AP!'licant . ~' C-\''\- . C,a~ Three time publication req~.O '. ~ o {(.,l \ c:: ?~.l ~tte.tL" ~ ~..~ ~Z-~lQ on Investigator Supervisor EXHIBIT C t,q' 05-16-06 CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDRESS PAGE: 1 02:47 PM WHERE COUNTY IS 36-SAN BERNARDINO AND CENSUS TRACT IS 0021. census License Licensee Tract Types Status Num Premises 0021. 20 ACT 396593 ANILCO INC 790 N ARCHIBALD, ONTARIO CA 91764 0021. 47 ACT 220980 EL TORITO RESTAURANTS INC 3680 INLAND EMPIRE BLVD, ONTARIO CA 91764 0021. 47 ACT 225562 ARG ENTERPRISES INC 3640 PORSCHE WAY, ONTARIO CA 91764 0021, 47 ACT 391455 CRABBY BOBS FRANCHISE CORP 3660 PORSCHE WY, ONTARIO CA 91764 0021. 47 ACT 433310 RU ONTARIO HOTEL LESSEE L-PSHIP 700 N HAVEN AVE, ONTARIO CA 91764 0021. 47 ACT 340038 INNSUITES HOTELS INC 3400 SHELBY ST, ONTARIO CA 91764 0021. 48 ACT 432625 SPECTATORS SPORTS BAR INC 750 N ARCHIBALD AVE B, ONTARIO CA 91764 0021. 41 A(;f 435929 CHO JUNG OK 790 N ARCHIBALD STE B, ONTARIOCA 91764 0021, 47 ACT 323121 DAVE & BUSTERS INC 4821 MILLS CIR, ONTARIO CA 91764 0021. 41 A(;f 324102 HOST MARRIOTT SERVICES USA INC ONE MILLS CIRCLE STE F1, ONTARIO CA 91764 0021, 41 A(;f 324199 HOST MARRIOTT SERVICES USA INC ONE MILLS CIRCLE STE F11 & F12, ONTARIO CA 91764 0021, 41 ACT 326201 SPECTRUM APPLE INO 4360 MILL CIR, ONTARIO CA 91764 0021. 47 ACT 376666 MARKEf BROILER ONTARIO LLC 4557 MILLS CIRCLE, ONTARIO CA 91764 0021. 41 ACT 327007 HOST MARRIOTT SERVICES USA INC ONE MILLS CIRCLE STE F6, ONTARIO CA 91764 0021. 41 ACT 327010 HOST MARRIOTT SERVICES USA INC ONE MILLS CIRCLE,STE FS, ONTARIO CA 91764 0021. 47 PEND 438602 MEDIPRlME INTERNATIONAL INC 960 ONTARIO MILLS DR, ONTARIO CA 91764 0021. 47 A(;f 412565 CQUNTERPOINTE RESTAURANT GROUP LLC 960 ONTARIO MILLS DR, ONTARIO CA 91764 0021. 47 ACT 350392 WD1INTERNATIONAlINC 3550 PORSCHE WY, ONTARIO CA 91764 0021- 47 ACT 429774 SEGA ENTERTAINMENT USA INC 1 MILLS CIR 4541, ONTARIO CA 91764 0021. 47 ACT 333875 MILL RING RESTAURANT PARTNERS L-PSHIP 950 N ONTARIO MILLS DR, ONTARIO CA 91764 0021, 41 ACT 339389 RUBIOS RESTAURANTS INC 980 N ONTARIO MILLS DR STE A, ONTARIO CA 91764 0021- 20 PEND 439160 CROSSROADS AUTO SERVICE INC 1090 N ONTARIO MILLS DR, ONTARIO CA 91764 EXHIBIT 0 7D to =10 31l::l1S 1T :Sl 900C-91-)"l::lW 05-16-06 CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDRESS PAGE: 2 02:47 PM WHERE COUNTY IS 36-SAN BERNARDINO AND CENSUS TRACT IS 0021. Census Ucense Ucensee Tract Types Status Num Premises 0021, 20 ACT 335652 CROSSROADS AlITO SERVICE LLC 1090 N ONTARIO MILLS DR, ONTARIO CA 91764 0021. 41 ACT 403739 TRIWONS INVESTMeNT GROUP INC 990 ONTARIO MILLS DR STE H, ONTARIO CA 91764 0021, 47 ACT 338162 BENIHANA ONTARIO CORP 3760 E INLAND EMPIRE BLVD, ONTARIO CA 91764 0021. 47 ACT 375961 RAINFOREST CAFE INC 4810 MILLS CIRCLE, ONTARIO CA 91764 0021. 47 ACT 422153 CHEVYS RESTAURANTS LLC 4551 MILLS CIR, ONTARIO CA 91764 0021. 20 ACT 352811 COST PLUS INC 4421 MILLS CIRCLE, ONTARIO CA 91764 0021, 70 ACT 356989 COUNTRY SUITES ONTARIO MILLS L.PSHIP 4370 MILLS CIRCLE, ONTARIO CA 91764 0021. 21 ACT 371428 SAMS WEST INC 951 N MILLIKEN AVE. ONTARIO CA 91764 0021. 20 ACT 428648 BYONGCORPORATION 4321 ONTARIO MILLS PKWY STE A, ONTARIO CA 91764 0021. 20 ACT 386475 BP WEST COAST PRODUCTS LLC 911 N MILLIKEN AVE, ONTARIO CA 91764 0021. 20 ACT 376960 CHEVRON STATIONS INC 791 N MILLIKEN AVE, ONTARIO CA 91764 0021. 47 ACT 379534 ONTARIO STEAKHOUSE L-PSHIP 4492 ONTARIO MILLS PKWY, ONTARIO CA 91764 0021. 41 ACT 381577 BARRANCA MANAGEMENT INC 4451 ONTARIO MILLS PKWY B, ONTARIO CA 91764 0021. 41 ACT 381960 ONTARIO WINGS LLC 725 N MILLIKEN AVE, ONTARIO CA 91764 0021. 47 ACT 382656 COMEDY CLUB OF BREA LLC 4555 MILLS CIR, ONTARIO CA 91764 0021. 41 PEND 438164 FUDDRUCKERS II'C 4423 E MILLS CIR, ONTARIO CA 91764 0021. 47 ACT 380635 G~III'C FOURTH ST & MILUKEN AVE SEC, ONTARIO CA 91764 0021. 41 ACT 395063 R J KAU CORP 4320 E MILLS CIR STE A, ONTARIO CA 91764 0021. 41 ACT 424158 KIM JAY HWAN 730 N ARCHIBALD AVE A & B, ONTARIO CA 91764 0021. 47 ACT 410479 TOKYO WAKO ONTARIO INC 4480 E ONTARIO MillS PKWY, ONTARIO CA 91764 0021. 47 ACT 412174 B&FLLC 3495 E CONCOURS ST 0 & E, ONTARIO CA 91764 0021. 41 ACT 413284 KTRADE INC 951 N HAVEN AVE C, ONTARIO CA 91764 c0'd 1~S0 18.!.. 61216 to =lO 311::J1S 7/ l~:Sl 912!I2!C-91-^l::JW 05-18-06 CENSUS TRACT INFOMATlON BY CENSUS TRACT WITH ADDRESS PAGE: 3 02:47 PM WHERE COUNTY IS 36.SAN BERNARDINO AND CENSUS TRACT IS 0021. Cen8W1 Ucense Licensee Tract Types Status Num Premises 0021. 41 PEND 439740 CHONITAS LLC 710 N ARCHIBALD AVE STE B, ONTARIO CA 91764 0021. 47 ACT 94 C & C ORGANIZATION THE 8689 NINTH ST, RANCHO CUCAMONGA CA 91730 002" 20 ACT 434138 MOUSSA FAHD KAYED 8847 ARCHIBALD AVE, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 428709 DY VANNAC 8809 N GROVE AVE, RANCHO CUCAMONGA CA 91730 0021. 48 Acr 422858 WRIGHT PETER AlLEN 8108 SAN BERNARDINO RD, RANCHO CUCAMONGA CA 91730 0021. 52 Acr 150777 VFW POST 8680 8751 INDUSTRIAL LN, RANCHO CUCAMONGA CA 91730 0021. 21 ACT 176035 CI-ONRUStJB3<ULSRlM.JCH P 10080 ARROW HWY, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 351021 STEER N STEIN CUCAMONGA INO 8348 ARCHIBALD, RANCHO CUCAMQNGA CA 91730 0021. 21 ACT 343852 SAMOUH JAMIL 8114 ARROW HWY. RANCHO CUCAMONGA CA 91730 0021. 21 ACT 428315 FLORESARTUAO lAMBEATO JR 8939 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 220704 UM IKE KYO 10120 25TH ST, RANCHO CUCAMONGA CA 91730 0021. 21 A(Jf 371440 DAY ~ SUKET 9755 ARROW HWY A-C, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 420777 KIM DEBORAH SONG 10970 ARROW RTE 101, RANCHO CUCAMONGA CA 91730 0021. 41 A(Jf 391976 MR WOK RANCHO CUCAMONGA INC 10877 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 41 R65 236704 HORTA LUISA 9223 ARCHIBALD AVE H, RANCHO CUCAMONGA CA91730 0021. 41 P8'V 437941 HILO ANTOINEITE GEORGEtTE 8417 HAVEN AVE, RANCHO CUCAMONGA CA 91730 0021. 20 A(Jf 390331 EXXONMOBIL OILCOAPORATlON 8514 VINEYARD AVE, RANCHO CUCAMQNGA CA 91730 0021. 41 ACT 397023 FERNANDES BAlAN SIMON 9640 CENTER AVE STE 150, RANCHO CUCAMONGA CA 91730 0021, 21 ACT 255181 WANIS GHASSAN 8880 ARCHIBALD AVE A, RANCHO CUCAMONGA CA 91730 0021. 41 Acr 366649 ROBLESJOSEANA 8880 ARCHIBALD AVE STE G, RANCHO CUCAMONGA CA 91730 0021. 41 A(Jf 322261 CHAVEZ DAVID 10062 ARROW ROUTE, RANCHO CUCAMONGA CA 91730 72 ~0'd l~S0 l81. 606 1::0 :::l0 311::115 c~:Sl 900c-9l-A1::IW 05-16-06 CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDRESS PAGE: 4 02:47 PM WHERE COUNTY IS 36-SAN BERNARDINO AND CENSUS TRACT IS 0021. Census License Licensee Tract Types Status Num Premises 0021, 41 ACT 278662 CHANG KO FANG 9028 ARCHIBALD AVE, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 397991 VAJ..l.EY CONCESSIONS INC 8408 ROCHESTER AVE, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 281881 SHEHADEH JAMAL ISSA 8694 ARROW HWY, RANCHO CUCAMONGA CA 91730 0021. 40 ACT 432593 RACK EM UP BIWARDS INC 9819 FOOTHILL BLVD STE 0, RANCHO CUCAMONGA CA 91730 , 0021. 41 A(;f 432406 FAHAAJI ALl HOSSEINI 9615 FOOTHILL BLVD, RANCHO CUCAMONGACA 91730 0021, 47 ACT 410926 OAK CREEK RANCH GOLF CLUB INO 11015 SIXTH ST, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 411833 GOURMET SYSTEMS OF CAUFORNIA INC 10709 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 386468 BP WEST COAST PRODUCTS Ll.C 11768 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021, 41 A~ 327748 SWH CORPORATION 10909 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 313713 ETEMADlAN OSCAR 8118MASI DR, RANCHO CUCAMONGA CA 91731 0021. 47 ACT 367819 DElAPlEDRA ALMA V 11815 FOOTHILL BLVD UT E, RANCHO CUCAMONGA CA 91730 0021, 75 ACf 412076 MCCARTHY MICHAEL JOHN 11837 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 428004 ENN GEE CORPORATION 10075 ARROW ATE, RANCHO CUCAMONGA CA 91730 0021. 21 Ac;r , 328590 ZAYER EVELYN BJAS , 11897 FOOTHILL BLVD D, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 422128 ABSOLUTELY ITAUAN RANCHO CUCAMONGA INC 8153 ASPEN AVE, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 409178 UMPACS LLC 11849 FOOTHILL BLVD UNIT A. RANCHO CUCAMONGA CA 91730 0021, 47 ACT 375884 WABI SASI JAPANESE RESTAURANT LLC 11837 FOOTHILL BLVD B, RANCHO CUCAMONGA CA 91730 0021, 47 ACT 380642 CHIPOTI.E MEXICAN GRILL INC 10811 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 390683 ISLANDS RANCHO CUCAMONGA LLC 11425 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 396208 COtaPCION RCWB> 9625 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 435404 KIM JUNG SUK 9339 FOOTHILL BLVD UT I, RANCHO CUCAMONGA CA 91730 73 t>0'd n:~0 181. 606 1:0 :::10 311:115 C;~ : ~;l 900C;-91-AI:IW -- '\ 05-16-06 CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDRESS PAGE:S 02:47 PM WHERE COUNTY IS 36-SANBERNA~DINO AND CENSUS TRACT IS 0021. Census License LiCensee Tract Type. Status Num Premises 0021. 41 ACT 402069 PARK SUN YOUNG 9319 FOOTHILL BLVD E, RANCHO CUCAMONGA CA 91730 0021. 41 Ar:r 402058 SHAATH GLOBAL GROUP INC 11669 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021, 20 ACT 435081 SARHAN KAMIL 9465 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 401571 PEl WEt ASIAN DINER INC 8220 HAVEN AVE STE 100, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 404913 UM CHANG WHE 11260 FOURTH ST, RANCHO CUCAMONGA CA 91761 0021. 41 ACT 409581 GN ABPIZZA INC 10455 FOOTHILL BLVD STE 100, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 411185 AU ENTEFPRlSES INO 8140 HAVEN AVE STE 101, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 412408 CHEVRON STATIONS INC 8801 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 412522 BJS RESTAURANTS INC 11520 FOURTH ST, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 417315 SEARS GRAND u.c 8250 DAY CREEK BLVD, RANCHO CUCAMONGA CA 91730 0021- 47 ACT 418635 SUNSET WINGS L-PSHIP 8188 DAY CREEK BLVD 140, RANCHO CUCAMONGA CA 91739 0021. 41 F9D 419880 JOSES MEXICAN FOOD INC 11226 FOURTH ST, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 434736 AHN CHRISTOPHER 9849 FOOTHILL BLVD M, RANCHO CUCAMONGA CA 91730 0021. 20 PEN) 425374 7 ELEVEN INC SIXTH ST & HAVEN AVE NWC, RANCHO CUCAMONGA CA 91730 0021. 70 ACT 427923 H W HERITAGE INN OF RANCHO CUCAMONGA INC 11433 MISSION VISTA DR, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 428331 EM'ERORS KITCI-EN 9319 FOOTHILL BLVD A, RANCHO CUCAMONGA CA 91730 0021. 70 PEN) 429848 C Y HERITAGE INN OF RANCHO CUCAMONGA INC 11525 MISSION VISTA DR, RANCHO CUCAMONGA CA 91730 0021. 70 ACf 429849 HERITAGE INN OF RANCHO CUCAMONGA INO 11481 MISSIONVISTA DR, RANCHO CUCAMONGA CA 91730 0021. 47 PEW 431150 CHIPOTLE MEXICAN GRILL INC MIWKEN AVE & FOURTH Sf NEC, RANCHO CUCAMONGA CA 91730 0021. 41 PEJ'II) 434683 TANGO PARTNERS u.c 11400 FOURTH ST, RANCHO CUCAMONGA CA 91730 7lf S13'd J[S13 J8.!.. 6136 1:0 .:10 31l:l1S [[:SJ 91313c-9l-Al:lW 90'd ,l:l101 06-16-06 CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDRESS PAGE: 6 02:47 PM WHERE COUNTY IS 36-SAN BERNARDINO AND CENSUS TRACT IS 0021. Census Ucense Ucensee Tract Types Status Num Premises 0021. 47 PEf"I) 434730 TACAZAINC 11470 FOURTH ST, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 434978 COMMUNICATION RESOURCES OFCAUFOANIA INC 10399 FOOTHILL BLVDSTE 103, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 435830 WFT AT NOReO L-PSHIP 11561 FOOll-lILL BLVD STE A, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 436798 OONO SUSHI 2 LLC 9659 MIWKEN AVE STE 101, RANCHO CUCAMONGA CA 91730 0021. 41 PEN) 437658 CHU BEN 11334 FOURTH ST STE 103, RANCHO CUCAMONGA CA 91730 0021. 47 PEN) 438821 ENTREPRENEURIAL. RESTAURANTS CORPOAAllON MIWKEN AVE & FOOll-lILL BLVD SWC, RANCHO CUCAMONGA CA 91730 0021- 2042 PEf\I) 439145 SCHRIVER WINES INC 8200 HAVEN AVE, RANCHO CUCAMONGA CA 91730 75 90'd 1f:~0 IS.!.. 606 l:l:J ::10 31l:l1S vf::~1 900c-91-Al:lW 8 '\ Department of Alcoholic Beverage Control Ii COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of CaUfomia GRAY DAVIS. Governor Business. Transportation and Housing Agency MARIA CONTRERAS-SWEET. Secretary LICENSE TYPE 01 02 21 23 40 41 42 47 48 49 DESCRIPTION BEER MANUFACTURER. (Large Brewery) Authorizes the sale of beer to any person holding a ' license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Withou~ any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises: May conduct beer tastings under specified conditions Section 23357.3 . Minors are allowed on the remises. WINEGROWER. (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises ownoo by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are allowed on the remises. OFF SALE BEER & WINE . (Package Store) Authorizes the sale of beer and wine for consumption off the remises where sold. Minors are allowed on the remises. OFF SALE GENERAL.. (Package Store) Authorizes the sale of beer, wine and distilled spirits for consum tion off the remises where sold. Minors are allowed on the remises. SMALL BEER MANUFACTURER. (Brew Pub or Micro-brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro- brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers althou h some do have a restaurant or ub on their manufactUrin lant. ON SALE BEER. (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the remises. ON SALE BEER & WINE - EATING PLACE. (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the' normal meal hours that they are open, atleast five days a week. Normal mealtimes are 6:00 a.m.- 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the da s the are 0 en. Minors are allowed on the remises. ' ON SALE BEER & WINE - PUBLIC PREMISES . (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not uired. ON SALE GENERAL - EATING PLACE. (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. _ 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are o en. Minors are allowed on the remises. ON SALE GENERAL - PUBLIC PREMISES. (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exce tion musicians . Food service is not re uired. ON SALE GENERAL - SEASONAL. Authorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. f\i~.ED(J~?O :;j i!i. .~ "1-- oL =< De o " '" -' " 't- .,." .:::; '1"<. .~ !'t- ('oJtOL ,.~ EXHIBIT E 7fo RESOLUTION NO. 06-/4/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2006-00428 FOR A WINE RETAIL ESTABLISHMENT, THAT ALSO OFFERS REGULAR WINE TASTING EVENTS IN THE MIXED USE DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD - APN: 208-331-37. A. Recitals. 1. Schriver Wines, Inc. for Winestyles has filed an application for Public Convenience or Necessity determination DRC2006-00428, as described in the title of this Resolution, for a Type 20 (Off-Sale Beer and Wine) license and a Type 42 (On-Sale Beer and Wine) license from the Department of Alcoholic Beverage Control (ABC). 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On the 7th day of June 2006, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above referenced meeting on June 7, 2006, including written and oral Staff Reports, this Council hereby specifically finds as follows: a. A retailer of alcoholic beverages and gift baskets which also offers wine tasting events is a common and accepted business; and b. The site is located at the southwest corner of Foothill Boulevard and Haven Avenue. Foothill Boulevard is designated as a major thoroughfare and the site is suited for this type of business; and c. The census tract in which the, site is located (0021.00) includes portions of Rancho Cucamonga, particularly along Foothill Boulevard, that has numerous restaurants with on-sale alcohol licenses. This census tract also includes Ontario Mills shopping center in the city of Ontario, which has a large number of restaurants with alcohol licenses. Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, greatly diminishing potential negative effects that an additional alcohol license will have on the City's residential neighborhoods; and 11 '\ CITY COUNCIL RESOLUTION NO. 06- WINESTYLES - DRC2006-00428 June 7, 2006 Page 2 d. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of a retail wine outlet that permits customers to sample the merchandise prior to making their purchase and which sells wine oriented gift baskets. 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the issuance of an off-sale beer and wine license for Winestyles will not have a negative impact to the surrounding uses. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Council hereby determines that the issuance of an off-sale liquor license for Winestyles will service the Public Convenience or Necessity. 5. The City Clerk shall certify the adoption of this Resolution. 7.g RANCHO CUCAMONGA Staff Report DATE: TO: FROM: BY: SUBJECT: June 7,2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Kevin McArdle, Community Services Director (\ JoAnn Gwynn, Community Services superviso~9:\..- ~ CONSIDERATION OF A REQUEST BY ALTA LOMA AND CITRUS LITTLE LEAGUES AND DISTRICT 21 FOR A LIGHT VARIANCE REQUESTED FOR MINOR, MAJOR, JUNIOR AND SENIOR DIVISION ALL-STAR TOURNAMENTS ON JUNE 26 ,- JULY 28, 2006, AT HERITAGE COMMUNITY PARK AND RED HILL COMMUNITY PARK RECOMMENDATION The Park and Recreation Commission is recommending that City Council approve a temporary variance of the Light Usage Policy to allow use until 11 :00 p.m. on the little league (60') and senior division (90') fields at Heritage and Red Hill Parks June 26 - July 28, 2006 (excluding Sundays). Any use after 10:00 p.m. will be limited within those parameters as mentioned below and per the requirements listed in the attached Light Variance Policy. BACKGROUND District 21 Little League, on behalf of Alta Lorna and Citrus Little Leagues, who is hosting this regional All-Star Little League tournament, originally requested this particular item. They currently plan to host the Minors and Junior Divisions at Heritage Community Park and the Major and Senior Divisions at Red Hill Community Park. The current sports field policy curfew is 10:00 p.m. The Light Variance Policy allows for light variance requests that would enable youth sports groups to use the field lights past the standard curfew of 10:00 p.m. Monday through Saturday for special occasions such as regional Little League All-Star Playoffs. If a variance to the field policy curfew is approved, this allows games to continue past 10:00 p.m. because injuries, extra innings, or other reasons that have caused game(s) to last longer than scheduled. Most games will conclude by 10:00 p.m. Similar ,J 71 LIGHT VARIANCE REQUEST FROM AL TA LOMA AND CITRUS LITTLE LEAGUES June 7,2006 Page 2 tournaments have been hosted over the past several years and variances have been permitted on a regular basis. The Community Services Department has not received any complaints during the last six years that Little Leagues All-Star Competitions have been conducted at Heritage and Red Hill Park Community Parks. Some of the more important requirements that the little leagues will be bound to are listed within the Light Variance Policy and include, but are not limited to the following: 1. "NO PARKING" signs will be posted on the resident side of streets adjacent to the parks in use on Saturdays and Sundays by the requesting organization with signs provided by the City. 2. Amplified sound systems will be checked prior to the tournament. Staff will drop in unannounced to monitor at least three times a week during the tournament. Announcing will be limited to: · General welcome · Introduction of teams · Announcement of player to the plate · Recap of runs and score between innings · Play-by-play announcing will not be permitted 3. Furthermore, power limits are to be set so as not to exceed 74DBA at 300 feet in circumference from the source or property line, whichever is closer. 4, The P.A. system use will be permitted only between the hours of 9:00 a.m. and 9:30 p.m. Monday through Saturday, unless otherwise approved by City Council. No lights are permitted on Sunday. The requested light variance would apply to the three baseball diamonds located at Heritage Park and the two baseball diamonds on the north side of Red Hill Park. Staff requests the City Council continue with their current policy of providing a curfew light variance only for extended, overtime or extra innings, which is necessary for tournament play. The Park and Recreation Commission reviewed this request at their May 18, 2006, meeting and unanimously recommended approval to the City Council. Resp ctfU~tted' Kevi _McArdle Community Services Director Attachment: Community Services Department Light Variance Policy I :COM MS ERV\Council&Boards\CityCouncil\StaffRep\2006\LightVarianceAItaLomaCitrusLittleLeagues.060706 <Ol> CITY OF RANCHO CUCAMONGA COMMUNITY SERVICES DEPARTMENT LIGHT VARIANCE POLICY POLICY NO.: 500-40 PAGE 1 OF 3 EFFECTIVE: 11/1/92 REVISED: January, 2001 APPROVED: 10/18/92 CC SUBJECT: LIGHT VARIANCE POLICY PURPOSE: To specify guidelines for the request and use of sports field lights after normal operating hours. POLICY: The following procedures will be followed by all community based youth sports groups who desire to request and use lighted sports fields after normal operating hours. GENERAL POLICIES AND GUIDELINES: There are some occasions throughout the year that may require a youth sporting event to exceed the normal 10:00 p.m. sports fields' light curfew. However, it is important to develop some procedures that insure that neighboring residents are not negatively impacted by an approved light variance. Outlined below is a set of guidelines that specifies a process for requesting such a variance and how it should be implemented. 1. Non-profit community based youth sports groups may request a variance to extend light use for City park sports fields beyond normal operating hours. Current operating hours conclude at 10:00 p.m. Monday through Saturday and no use of lights is permitted on Sundays. 2. The request must be for a special occasion of some type such as Regional Little League All Star Playoffs, etc. The variance is limited only to games that were scheduled to conclude by 10:00 p.m. but because of injury, extra innings, or other unforeseen circumstances the game was not able to finish in time. Normal league play or practices are not eligible for consideration under this request. 3. A request must be submitted in writing to the Community Services Director two months prior to their requested use. This allows the department to review their request and submit it for review and approval to the Park and Recreation Commission and the City Council. 4. The request must then be presented to the Park and Recreation Commission for , their review and approval. g J. LIGHT VARIANCE POLICY PAGE 2of3 5. The Park and Recreation Commission must then forward their recommendation to the City Council for their final review and approval. 6. If such a request receives final approval from City Council then that organization must provide home phone numbers and a fact sheet giving details of the tournament. Furthermore, it must be distributed by the leagues or organization to homeowners within two blocks of the parks two weeks before the tournament or event. The flier must be delivered in person to each resident or weighted in some fashion to their doorstep. The flier will include home phone numbers of a district or regional representative and any league presidents. In addition, any payor designated phones at the fields will also be provided so immediate contact can be obtained with the tournament directors. This will be accomplished at league expense. 7. "NO PARKING" signs will be posted on the resident side of streets adjacent to parks in use on Saturdays and Sundays by the requesting organization with signs provided by the City. 8. A separate flier will be distributed to league or tournament participants stating that no noisemakers are allowed and that participants/guests are requested to leave the park area quietly. 9. Overflow parking will be monitored by the requesting organization and signage provided directing participants to park at additional parking facilities nearby. Prior approval must be obtained to use these parking facilities. 10. Organized scheduled athletic events sound amplification equipment will be allowed in City parks, but limited to public address systems, stereo equipment, stationary and portable components and bull horns, subject to the following conditions:" a. Request to use the Public Address (P.A.) System must be included on the field use application or submitted separately prior to any usage. b. Amplified sound systems will be checked prior to the tournament or event and a "lock off' device used to prevent the audio from being turned up. Staff will drop in unannounced to monitor at least three times a week during the tournament. A fee of $90 will be paid in advance to cover monitoring costs. If additional monitoring is needed, it will be billed at $10.00 an hour. Announcing will be limited to: . General welcome. . Introduction of teams. . Announcement of player to the plate. . Recap of runs and score between innings. c. Furthermore, power limits are to be set so as not to exceed 74DBA at 300 feet in circumference from the source or property line, which ever is closer. No sound <? J... LIGHT VARIANCE POLICY PAGE 3 of 3 from a Community Services approved event can exceed a noise level (slow, 74dBA, "A" weighted scale) measured at the nearest property line, for a cumulative period of not more than five (5) minutes in anyone hour, whether or not the sounds are live, recorded, amplified or necessary to the event (Le. generators ). d. All users will be responsible for guaranteeing the sound level not exceed 74DBA by installing permanently an automatic control system to be tested and approved by the City prior to the start of the tournament. e. The direction of sound from the P.A. System speakers will be toward spectators and/or bleacher areas and away from residential areas. f. The P.A. System use will be permitted only between the hours of 9:00 a.m. and 9:30 p.m. Monday through Saturday, unless otherwise approved by City Council. g. Only persons 18 years and older will be allowed to operate the Public Address System. h. All Public Address System use for athletic events must pertain to the game being played. Special announcements should be kept to a minimum. In no case will play-by-play announcing be permitted. L Failure to comply with the above requirements by user groups will result in one of the following: · First Offense: Verbal warning followed by written communication. · Second Offense: Payment of staff time to monitor sound system at rate set in Music and Amplification Policy at the next set of games. · Third Offense: Loss of system use. 11. Lights are to be turned off as soon as possible after the completion of the last game, but not to exceed 11 :00 p.m. I :COMMSERv\Policies\Policies-ApprovedPolicies\LightVarianee Policy .5.4.00 <63 STAFF REpORT ENGINEERING DEPARTMENT Date: June 7,2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF MAP FOR TRACT 17424, LOCATED AT THE TERMINUS OF CIVIC CENTER DRIVE, WEST OF HAVEN AVENUE, SUBMITTED BY UDR RANCHO CUCAMONGA, L. P., A DELAWARE LIMITED LIABILITY CORPORATION RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Tract Map 17424 and authorizing the City Clerk to cause said map to record. BACKGROUND/ANAL YSIS Tentative Tract Map 17424, located at the terminus of Civic Center Drive, west of Haven Avenue, in the Haven Overlay District, was approved by the Planning Commission on June 22, 2005. This project is for a subdivision for condominium purposes related to 414 multi-family units on 17.3 acres of land. The original Developer, Burnett Companies, has submitted an Improvement Agreement and securities to guarantee the construction of the public street improvements under the project DRCDROQ-79. Said agreement and securities were approved by the City Council on January 15, 2003. Respectfully Submitted, C}ec:'t (ul William J. O'Neil City Engineer WJOWV:dlw Attachments s'l FOOTHILL BOULEVARD ~ ~ ~ l4i ::s ~ ARROW ROUTE SITE CITY OF RANCHO CUCAMONGA ENGINEERINGDMSION y.J ~, "it ,~: '!;iJ , ~ -..J ~ Je ~ -it Q:: lE fa' 5: o ce A N ITEM: TMCT 17"'~4 TITLE: 'VICINITY MAe SS RESOLUTION NO. 0 r; - / ~ 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 17424, WHEREAS, Tentative Parcel Map 17424, submitted by UDR Rancho Cucamonga, L.P., a Delaware Limited Liability Corporation and consisting of a subdivision of 17.3 acres of land into 414 multi-family units, located at the terminus of Civic Center Drive, west of Haven A venue, in the Haven Overlay District, was approved by the Planning Commission of the City of Rancho Cucamonga on June 22, 2005; and WHEREAS, Tract Map No. 17424 is the final map of the division ofland approved as shown on the Tentative Parcel Map; and WHEREAS, all the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by UDR Rancho Cucamonga, L.P., a Delaware Limited Liability Corporation, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CDCAMONGA, HEREBY RESOLVES, that said Tract Map No.17424 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. '6b STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Willie Valbuena, Assistant Engineer Subject: APPRO V AL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENT A TION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FORP ARCEL MAP 17303, LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND HAVEN AVENUE, SUBMITTED BY TPRF/THC HA VENP ARK. LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Parcel Map 17303, accepting the subject agreement, securities and monumentation cash deposit, ordering the annexation to Landscape Maintenance District NO.3B and Street Light Maintenance District Nos. 1 and 6 and authorizing the Mayor to sign said agreement and the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Tentative Parcel Map 17303, located at the northwest corner of 4th Street and Haven Avenue, in The Industrial Park District (Subarea 6) within the Haven Avenue Overlay District, was approved by the Planning Commission on November 9, 2005. This project is for the subdivision of 11.70 acres of land into 6 parcels. The Developer, TPRF/THC Havenpark LLC, is submitting an agreement and securities to guarantee the construction of the public street improvements in the following amounts: Faithful Performance Bond Labor and Material Bond Monumentation Cash Deposit $ 1,292,600.00 $ 1,292,600.00 $ 2,700.00 Copies of the agreement and securities are available in the City Clerk's Office. Respectfully submitted, C)d /f,UU William J. O'Neil City Engineer WJO:WV:dlw Attachments ~1 TRADEMARK 4TH ST z w > <3: I CITY OF RANCHO CUCAMONGA A. N ITEM:__CI'L ~ 173IJg TITLE: 'VICINITY Nq ENGINEERING DIVISION <J'C6 RESOLUTION NO. Ofr;-//r;3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17303, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENT A TION CASH DEPOSIT WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on June 7, 2006, by TPRF/THC Havenpark, LLC., as Developer, for the public street improvements adjacent to the real property specifically described therein, and generally located at the northwest comer of 4th Street and Haven Avenue; and WHEREAS, Parcel Map No. 17303 is the final map of the division ofland approved as shown on the Tentative Parcel Map; and WHEREAS, all the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by posting the Improvement Securities and Monumentation Cash Deposit by TPRF/THC Havenpark, LLC, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement, Improvement Securities and Monumentation Cash Deposit submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and that said Parcel Map No.17303 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. 01' RESOLUTION NO.-O It> - / /p tj- ----- -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP l73J3_ WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No.6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such prOVISIOns of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation ofthe Territory to the Maintenance Districts; and qD RE-S8LT::FfION NO. PARCEL MAP 17303 June 7, 2006 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. OJ} Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: TPRF/THC Havenpark, LLC The legal description of the Property is: PARCELS 1 THROUGH 10, INCLUSNE, OF PARCEL MAP NO. 5157, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 52, PAGES 73 TO 76, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ALL COAL, OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SUCH PROPERTY, GRANTOR, ITS SUCCESSORS AND ASSIGNS, RETAINING THE EXCLUSIVE TITILE AND RIGHT TO REMOVE SAID SUST ANCES, TOGETHER WITH SOLE RIGHT TO NEGOTIATE AND CONCLUDE LEASES AND AGREEMENTS WITH RESPECT TO ALL SUCH SUBSTANCES UNDER THE PROPERTY, AND TO USE THOSE PORTIONS OF THE PROPERTY WHICH UNDERLIE A PLANE P ARALLE TO, AND 500 FEET BELOW, THE PRESENT 'SURF ACE OF THE PROPERTY FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SUCH SUBSTANCES FROM THE PROPERTY BY MEANS OF WELLS DRILLED INTO OR THROUGH SAID PORTIONS OF THE PROPERTY FROM DRILL SITES LOCATED ON OTHER PROPERTY, IT BEING EXPRESSLY UNDERSTOOD AND AGREED THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY OR TO USE THE PROPERTY OR ANY PORTION THEREOF ABOVE THE LEVEL OF THE AFORESAID PLANE, AS RESERVED IN THE DEED RECORDED DECEMBER 23, 1986 AS INSTRUMENT NO. 86-390573, OFFICIAL RECORDS. APN: 210-391-01 THRU 08 AND 210-381-22 THRU 23 The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-I q2 ~XHI8IT ~., " ASSESSMENT DIAGRAM ----l:;ANDSCAPE'MAlNT~ANCECD[STR1CTNO:3B--.-- -- STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 ~i I:.. ii( i ~ . I~ !I iii III ~'jtEtT llGHJS ~rNIT TMBS MIJNflMENT /8 IA. 8~ tA. ItA. A. CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA NORTH 1.3 Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). STREET LIGHT MAINTENANCE DISTRICT NO.1' (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation ofthe facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No.6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. B-1 qt! Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: Parcel Map 17303 Street Lights SLD # 1 SLD # 6 5800L 13 Landscaping L3B Community Trail DGSF *Existing items installed with original project Assessment Units by District Parcel Acres 1 2.05 2 5.82 3 0.69 4 0.69 5 0.22 6 1.90 S 1 4.10 11.64 1.38 1.38 0.44 3.80 Number of Lamps 9500L 16,000L 22,000L 12 Turf SF Non-Turf SF S6 2.05 5.82 0.69 0.69 0.22 1.90 B-2 27,500L Trees EA 86 L3B 2.05 5.82 0.69 0.69 0.22 1.90 qs Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (AU.) is $352.80 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial) : #of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tvne Units Units Factor Units Unit Revenue Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 $771,520.68 The Proposed Annual Assessment against the Property (PM 17303) is: Parcell - 2.05 Acres x 1 AU. Factor x $352.80 Rate Per AU. = $723.24 Annual Assessment Parcel 2 - 5.82 Acres x 1 A.U. Factor x $352.80 Rate Per AU. = $2,053.30 Annual Assessment Parcel 3 - 0.69 Acres x 1 AU. Factor x $352.80 Rate Per AU, = $243.43 Annual Assessment Parcel 4 - 0.69 Acres x 1 AU. Factor x $352.80 Rate Per AU. = $243.43 Annual Assessment Parcel 5 - 0.22 Acres x 1 AU, Factor x $352.80 Rate Per AU. = $77.62 Annual Assessment Parcel 6 -,- 1.90 Acres x 1 AU. Factor x $352.80 Rate Per AU. = $670.32 Annual Assessment C - I q-;; Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tvne Units Units Factor Units Unit Revenue Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Family Multi - Unit 8,540 1.00 8,540 $17.77 $151,755.80 Family Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (PM 17303) is: Parcell - 2.05 Acres x 2 AU. Factor x $17.77 Rate Per A.U. = $72.86 Annual Assessment Parcel 2 - 5.82 Acres x 2 AU. Factor x $17.77 Rate Per AU. = $206.84 Annual Assessment Parcel 3 - 0.69 Acres x 2 AU. Factor x $17.77 Rate Per AU. = $24.52 Annual Assessment Parcel 4 - 0.69 Acres x 2 AU. Factor x $17.77 Rate Per A.U. = $24.52 Annual Assessment Parcel 5 - 0.22 Acres x 2 AU. Factor x $17.77 Rate Per A.U. = $7.82 Annual Assessment Parcel 6 - 1.90 Acres x 2 AU. Factor x $17.77 Rate Per AU. = $67.53 Annual Assessment C-2 Cf7 Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO.6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (AU.) is $51.40 for the Fiscal Year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial) : #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tvne Units Units Factor Units Unit Revenue CommlInd Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01 The Proposed Annual Assessment against the Property (PM 17303) is: Parcell - 2.05 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $105.37 Annual Assessment Parcel 2 - 5.82 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $299.15 Annual Assessment Parcel 3 - 0.69 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $35.47 Annual Assessment Parcel 4 - 0.69 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $35.47 Annual Assessment Parcel 5 - 0.22 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $11.31 Annual Assessment Parcel 6 - 1.90 Acres x 1 AU. Factor x $51.40 Rate Per AU. = $97.66 Annual Assessment C - 3 qg STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENT A TION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17318, LOCATED AT THE NORTHEAST CORNER OF 4TH STREET AND UTICA AVENUE, SUBMITTED BY INVESTMENT DEVELOPMENT SERVICES, INC. RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Parcel Map 17318, accepting the subject agreement, securities and monumentation cash deposit, ordering the annexation to Landscape Maintenance District No.3B and Street Light Maintenance District Nos. land 6 and authorizing the Mayor to sign said agreement and the City Clerk to cause said map to record. BACKGROUND/ANAL YSIS Tentative Parcel Map 17318, located at the northeast comer of 4th Street and Utica Avenu~, in The General Dynamics Specific Plan (Subarea 18), was approved by the Planning Commission on December 14, 2005. This project is for the subdivision of 26.95 acres ofland into 8 parcels. The Developer, Investment Development Services, Inc., is submitting an agreement and securities to guarantee the construction of the public street improvements in the following amounts: Faithful Performance Bond $717,100.00 Labor and Material Bond $717,100.00 $2,800.00 Monumentation Cash Deposit Copies of the agreement and securities are available in the City Clerk's Office. Respectfully submitted, 9tt/{VU William J. O'Neil City Engineer WJO:WV:tv Attachment 9'1 H__~I SIXTH STREET PR JEeT, S TE w ::> z ~ <( w ::> z w > <: a z <( t- ...J THOMAS ST. ~ w 0 ...J z o :> URTH STREE w ::> z ~ <C ::> z ~ <: RNARDINO . FREEWA Y , z w ~ =:J ~ ~ ;it ~ <: :x: CITY OF RANCHOCUCAMONGA .... N ITEM: ~t I1IfJ 17a1S_ TITLE: VICINITY ~ ItJtJ ENGINEERING DIVISION RESOLUTION NO. 0& - / (P.5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17318, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT WHEREAS, the City Council ofthe City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on June 7, 2006, by Investment Development Services, Inc., as Developer, for the public street improvements adjacent to the real property specifically described therein, and generally located at the northeast comer of 4th Street and Utica Avenue; and WHEREAS, Parcel Map No. 17318 is the final map of the division of land approved as shown on the Tentative Parcel Map; and WHEREAS, all the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by posting the Improvement Securities and Monumentation Cash Deposit by Investment Development Services, Inc. as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement, Improvement Securities and Monumentation Cash Deposit submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and that said Parcel Map No.17318 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. ~- ./tJ/ RESOLUTION NO. () fo - / (p ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17318 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "72 Act"), said Landscape Maintenance District 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owner of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 72 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and. Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 72 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and / tJ2 WHEREAS, by such Consent and Waiver, all of the owilers of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 72 Act and/or Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amount snot to exceed the amounts set forth in Exhibit B hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all true and correct SECTION 2: This City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determine in relationship to the entirety of the cost of the maintenance of the Improvements. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including levy of all assessments, shall be applicable to the Territory. 2 PM 17318 . / /)3 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Investment Development Services, Inc. The legal description of the Property is: PARCEL 5 OF PARCEL MAP NO. 14647, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 177 OF PARCEL MAPS, PAGES 90 TO 96, INCLUSIVE, RECORDS OF SAID COUNTY; AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 25, 1995, AS INTRUMENT NO. 95-369354, OFFICIAL RECORDS. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-I PM 17318 I D'I &XHI8J7 ';4-, II ASSESSMENT DIAGRAM l-ANDSCAPEMAINTENANCE DISTR1CT-NO-:-3B-~--'- STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 1< ~ (N 89'22'08" W 134J.57') 543.71' 134J.67' 534.04' PARCEL 1 ....870 ACRES ~ !; ., ~ b z z ..... ., "l NS9'54'27"E 267.05' 50J.00' 235.95' PARca 1 PM 14647 '" "" "' ~ b o ~ .. .. PARCEL 3 4.780 ACRES ~ il ~ STREET FD. SPIKE &: WASHER. LS. 5959, FlUSH. PER TRACT 16666, IA.B. 302/55-56. ACCEPTED AS C.L INT. . ro. 2- I.P., w/eRASS CAP, L.S. 5959, flUSH, PER TRACT 1666B. M.B. 302/55-56. ACCEPTED AS C.L INT. S,f(flT lIGHTS S#66T TNIS 7 CA. /7 EA. A CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALiFORNIA NORTH 5 I tJ , Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3B (LMD #3B) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. / ()(p ,. B-1 PM 17318 Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: SUBTPM 17318 Street Lights SLD # 1 SLD # 6 5800L Landscaping LMD # 3B Community Trail DGSF 9500L 7 Number of Lamps 16,000L 22,000L Turf SF Non-Turf SF *Existing items installed with original project. Assessment Units by District Parcel Acres 1 4.87 2 5.24 3 4.78 4 4.47 5 4.36 6 0.98 7 1.00 8 1.02 S 1 9.74 10.48 9.56 8.94 8.72 1.96 2.00 2.04 S6 4.87 5.24 4.78 4.47 4.36 0.98 1.00 1.02 B-2 27,500L Trees EA 17 L3B 4.87 5.24 4.78 4.47 4.36 0.98 1.00 1.02 I/)1 PM 17318 Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (AD.) is $352.80 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial) : Land Use Physical Unit Type #of Physical Units #of Assessment Assessment Units Factor Units Rate Per Assessment Unit Revenue Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 $771,520.68 The Proposed Annual Assessment against the Property (PM 17318) is: Parcell - 4.87 Acres x 1 AD. Factor x $352.80 Rate Per AU. = $1,718.14 Annual Assessment Parcel 2 - 5.24 Acres x 1 AD. Factor x $352.80 Rate Per AU. = $1,848.67 Annual Assessment Parcel 3 - 4.78 Acres x 1 AD. Factor x $352.80 Rate Per AD. = $1,686.38 Annual Assessment Parcel 4 - 4.47 Acres x 1 AD. Factor x $352.80 Rate Per AU. = $1,577.02 Annual Assessment Parcel 5 - 4.36 Acres x 1 AD. Factor x $352.80 Rate Per AU. = $1,538.21 Annual Assessment Parcel 6 - 0.98 Acres x 1 AU. Factor x $352.80 Rate Per AU. = $345.74 Annual Assessment Parcel 7 - 1.00 Acres x 1 AU. Factor x $352.80 Rate Per AU. = $352.80 Annual Assessment Parcel 8 - 1.02 Acres x 1 AD. Factor x $352.80 Rate Per AU. = $359.86 Annual Assessment C-l PM 17318 /J8 STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): The rate per assessment unit (AD.) is $17.77 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Family Multi- Unit 8,540 1.00 8,540 $17.77 $151,755.80 Family Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (PM 17318) is: Parcell - 4.87 Acres x 2 AD. Factor x $17.77 Rate Per AD. = $173.08 Annual Assessment Parcel 2 - 5.24 Acres x 2 AD. Factor x $17.77 Rate Per AU. = $186.23 Annual Assessment Parce13 - 4.78 Acres x 2 AD. Factor x $17.77 Rate Per AD. = $169.88 Annual Assessment Parce14 - 4.47 Acres x 2 AD. Factor x $17.77 Rate Per AD. = $158.86 Annual Assessment Parcel 5 - 4.36 Acres x 2 AD. Factor x $17.77 Rate Per AU = $154.95 Annual Assessment Parcel 6 - 0.98 Acres x 2 AU Factor x $17.77 Rate Per AU. = $34.83 Annual Assessment Parcel 7 - 1.00 Acres x 2 AU Factor x $17.77 Rate Per AU = $35.54 Annual Assessment Parcel 8 - 1.02 Acres x 2 AD. Factor x $17.77 Rate Per AD. = $36.25 Annual Assessment C-l /()C} PM 17318 STREET LIGHT MAINTENANCE DISTRICT NO.6 (COMMERCIALIINDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2005/06. The following table summanzes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial) : # of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue CommlInd Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01 The Proposed Annual Assessment against the Property (pM 17318) is: Parcell - 4.87 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $250.32 Annual Assessment Parcel 2 - 5.24 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $269.34 Annual Assessment Parcel 3 - 4.78 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $245.69 Annual Assessment Parcel 4 - 4.47 Acres x 1 A.D. Factor x $51.40 Rate Per A.U. = $229.76 Annual Assessment Parcel 5 - 4.36 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $224.10 Annual Assessment Parcel 6 - 0.98 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $50.37 Annual Assessment Parcel 7 - 1.00 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $51.40 Annual Assessment Parcel 8 - 1.02 Acres x 1 A.D. Factor x $51.40 Rate Per A.U. = $52.43 Annual Assessment /10' C-l PM 17318 CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR PARCEL MAP 17318 LANDSCAPE MAINTENANCE DISTRICT NO. 3D, STREET LIGHTING MAINTENANCE DISTRICT NO.1 AND STREET LIGHTING MAINTENANCE DISTRICT NO.6 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITYOFRANCHOCUCAMONGA WILLIAM J. O'NEIL, the undersigned, hereby certifies as follows: That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 7th day of June, 2006, I reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file in the Office of the City Clerk. That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District. That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of California. EXECUTED this ih day of June, 2006, at Rancho Cucamonga, California. '/' l U// C-2 PM 17318 /1/ RANCHO CUCAMONGA v '"-,, " ADMINISTRATIVf SfRVICfS Staff Report DATE: TO: FROM: BY: SUBJECT: June 7, 2006 Mayor and Members of the City Council Jack lam, AICP, City Manager Lawrence \. Temple, Administrative Services Director Manuel E. Pilonieta, Information Systems Manager ~ Dawn Haddon, Purchasing Manager ~ APPROVAL TO AWARD A CONTRACT TO IMPEX TECHNOLOGIES FOR STORAGE AREA NETWORK HARDWARE, MAINTENANCE, AND TRAINING/lMPlEMENT A TION SERVICES IN THE AMOUNT OF $214,684-UNDER CMAS CONTRACT NUMBER 3-04-70-0468H TO BE FUNDED AS FOllOWS: $131,214 (ACCT. 1714001-5605), $30,000 (ACCT. 1001209-5605), $11 ,206 (ACCT~ 1001209-5300), $1,616 (ACCT. 1001209-5102), $2,479 (ACCT. 1001209-5200), AND $38,169 (ACCT. 2650801-5605/1357-6322 - RDA 2001 TAX AllOCATION BOND FUND); APPROVAL OF A BUDGET TRANSFER IN THE AMOUNT OF $30,000 FROM ACCOUNT 1001209-5300 TO 1001209-5605; AND AUTHORIZATION TO APPROPRIATE $46,214 INTO ACCOUNT 1714001-5605 TO PROVIDE FOR FUNDING SOURCES LISTED ABOVE RECOMMENDATION It is recommended that the City Council approve an award of a contract to Impex Technologies for storage area network hardware, maintenance, and traininglimplementation services in the amount of $214,683 under CMAS contract number 3-04-70-0468H to be funded as follows: $131,214 (account 1714001-5605), $30,000 (account 1001209-5605), $11,206 (account 1001209-5300), $1,616 (account 1001209-5102), and $2,479 (Account 1001209-5200), and $38,169 (account 2650801- 5605/1357-6322 - RDA 2001 Tax Allocation Bond Fund); approval of a budget transfer in the amount of $30,000 from Account 1001209-5300 to 1001209-5605; and authorization to appropriate $46,214 into account 1714001-5605 to provide for funding sources listed above. The $30,000 transfer from 1001209-5300 to' 100209-5605 involves a recommended reallocation of funds originally slated for server operating system software, which can be substituted for this higher storage priority. /12 PAGE 2 JUNE 7, 2006 CITY COUNCIL STAFF REPORT - AWARD CONTRACT TO IMPEX TECH. FOR SAN HARDWARE BACKGROUND City network storage resources are used for data file storage and are nearly at maximum capacity. Over the last two years our desktop computer resources have increased by over fifty-two percent and our central computer servers will have increased by over seventeen percent due to added computer services, including Central Park, Victoria Gardens Police Substation, the Animal Care Services Department, and the Victoria Gardens Cultural Center. This significant growth in computer services has dramatically increased our data storage requirements, thereby necessitating this proposed storage area network hardware. These storage area networks (SANs) will add necessary file space for City computer users. These SANs will also serve as a critical component in allowing Information Systems to greatly reduce the cost of managing existing and new computer servers by consolidating physical servers. Additionally, disaster recovery services will be greatly improved by allowing data and application mirroring. The Information Systems Division provided specifications and required deadlines to Purchasing for review. After assessing the provided information it was determined by Purchasing that due to the urgent need and required deadlines, the most time efficient way to proceed, while still meeting the City's required procurement methods, was to forgo the formal bid process and send out as a formal request for quote. Purchasing solicited formal request for quotes from four (4) authorized resellers and received two (2) responses. Upon review of the submitted quotes, it has been determined that IMPEX Technologies has submitted the lowest, most responsive, responsible quote utilizing CMAS contract number 3-04-70-0468H. IMPEX is certified by the State of California Department of General Services as a "Small Business Partner" and therefore all administration fees are waived. Respectfully submitted, ~ Lawrence I. Temple Administrative Services Director 1/3 STAFF REpORT ENGINEERING DEPARTMENT Date: RANCHO CUCAMONGA , To: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Greg Gunski, Fleet Supervisor Dawn Haddon, Purchasing Manager Subject: APPROVAL OF A PIGGYBACK CONTRACT FOR THE PURCHASE OF ONE NEW STENCIL TRUCK FROM ROAD LINE PRODUCTS OF DOWNEY, CALIFORNIA IN THE AMOUNT OF $98,587.65 TO BE FUNDED FROM ACCOUNT 1712001-5604 (VEHICLE REPLACEMENT FUND) AS APPROVED IN THE FY 05/06 BUDGET; AUTHORIZE THE APPROPRIATION AND EXPENDITURE OF $1,087.65 FROM THE VEHICLE REPLACEMENT FUND BALANCE INTO 1712001-5604 RECOMMENDATION It is recommended that the City Council approve a piggyback contract for the purchase of one new stencil truck from Roadline Products of Downey, California in the amount of $98,587.65 to be funded from account 1712001-5604 (Vehicle Replacement Fund) as approved in the FY 05/06 budget; and authorize the appropriation and expenditure of$I,087.65 from the Vehicle Replacement fund balance into 1712001-5604. BACKGROUND ANALYSIS Public Works has researched the purchase of the Stencil truck slated for replacement in this year's budget. The budgeted amount is $97,500; therefore, staff is requesting an additional $1,087.65 be appropriated into the Vehicle Replacement fund to cover the additional cost. Through a competitively bid process, the County of San Bernardino purchased a stencil truck from Roadline Products, Inc. in June 2005 that Public Works staff and the Purchasing Manager agree would make a very good replacement for the current unit with only one exception; the city is no longer allowed, under SCAQMD rules, to purchase diesel powered vehicles. Roadline Products is offering a "piggy back" purchase for this unit at a cost of $101,787.65 minus a deduction for a gasoline engine of $3,200.00 for a total of $98,587.65. Fleet staff recommends the piggy back purchase equipped with a V -10 gasoline engine. Respectfully Submitted, ~(j;Ld William J. O'Neil City Engineer WJO:GG:dlw IlL! STAFF REpORT CITY MANAGER'S OFFICE Date: June 7, 2006 RANCHO CUCAMONGA To: Mayor and Members of the Ci Council Chairman and Redevelopment Agency From: Pamela S. Eas Amendments Gershon City Manager Agreements for Legal Services with Richards, Watson, and Subject: Recommendation The City Council, Redevelopment Agency, and Fire District Board approve amendments to the Legal Services Agreements that each of the entities have with the legal firm of Richards, Watson, and Gershon, that would go into effect on July 1, 2006. Background The City, Redevelopment Agency and Fire District have contracted for legal services with City Attorney James Markman and his affiliate legal firms since the mid 1980's. Each of the City's three entities have individual agreements with James Markman's firm of Richards, Watson and Gershon that outline hourly rate structures, legal retainers, hourly rates for litigation, and specialized legal services. The most recent amendments to the Agreements with the City and Redevelopment Agency were done in 2003. The current Agreement for Services with the Fire District has been in effect since 1999. James Markman, on behalf of Richards, Watson and Gershon, have submitted proposed amendments to the Agreements that the firm has with the three City related entities. The amendments request an increase of $15/hour in the hourly rates charged as well as an identified hourly rate for the services of the City Attorney himself. If approved, the amendments would become effective on July 1, 2006. The cost impact has been incorporated into the proposed 2006-07 related Budgets. I/S THE C I T Y o F RANCIIO CUCAMONGA StaffReport DATE: TO: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager FROM: SUBJECT: APPROVAL OF A COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT WITH WILLIAM LYON HOMES, INC. (VINTNERS GROVE) RECOMMENDATION It is recommended that the City Council approve the attached Reimbursement Agreement related to a proposed Community Facilities (CFD) to fund public improvements. This agreement provides that the developer deposit funds to pay for all services associated with the formation of the CFD. The initial deposit is $60,000. Ifa CFD is formed, this agreement provides for the developer to be reimbursed from the bond proceeds. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 17382 (Vintners Grove). The development in question is located on the southwest comer of Haven Avenue and Arrow Route. City policy is to require anyone requesting the formation of a CFD to pay all of the associated costs. Further it has been the City's practice to allow the developers to be reimbursed from the proceeds of the bonds associated with the CFD. This does not affect the City in any way as the payments for the bonds are coming solely from the developer. Also, should the City Council decide during the CFD public hearing not to form the CFD, the City is in no way obligated to repay the developer. I/(P Page 2 June 7, 2006 This initial agreement provides for a deposit of $60,000 to pay for the City's Financial Advisor, Bond Counsel, Appraiser, Market Absorption Study and Special Tax Consultant. Should the City require the services of other professionals, we have the ability to request that additional funds be deposited to pay for those services. This agreement provides for the developer to pay all costs associated with this process. This agreement will not affect the City's budget. Finally, this agreement will facilitate financing for needed public improvements in the community. For these reasons, it is recommended that the city Council approve this Reimbursement Agreement. R~;Sf~ P~la S. Easter Deputy City Manager cj;~{fz{~ !'~. -~ grid . Bruce GIS/Special Districts Manager Attachments: Agreement Application 11.7 THE C I T Y o F RANCIIO CUCAMONGA StaffReport DATE: TO: FROM: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BEST, BEST AND KREIGER FOR BOND COUNSEL AND DISCLOSURE COUNSEL SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (VINTNERS GROVE) IN AN AMOUNT NOT TO EXCEED $25,000 FOR FORMATION SERVICES AND NOT TO EXCEED $60,000 FOR DEBT ISSUANCE SERVICES TO BE FUNDED BY THE PROJECT DEVELOPER. RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with Best, Best & Krieger to provide services as the Bond Counsel and Disclosure Counsel to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $25,000 for the formation phase and will not exceed $60,000 for the debt issuance phase. The total cost for these services will be paid by the developer requesting the formation of this CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 17382 (Vintners Grove). The Bond Counsel works for the City to insure that the proposed CFD is being formed in accordance with all applicable laws and coordinates the preparation of all resolutions, notices, bond forms and other documents required in the CFD formation proceedings. The Disclosure Counsel prepares the official statement pertaining to the bonds to ensure compliance with all //~ Page 2 June 7, 2006 applicable securities regulations, appropriate due diligence to review all transactional documents, applicable state law, closing documents and opinions. The cost for the Bond Counsel and Disclosure Counsel is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because of the need for an experienced Bond Counsel and Disclosure Counsel to assist in representing the City's legal interests, it is recommended that this Professional Services Agreement be approved. Respectfully submitted, ~~~~M>ieY Deputy City Manager f(~~. ~~. B~ceV- GIS/Special Districts Manager Attachment: Agreement //'1 StaffReport DATE: TO: FROM: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BRUCE HULL & ASSOCIATES TO PERFORM APPRAISAL SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (VINTNERS GROVE) IN AN AMOUNT NOT TO EXCEED $15,000 TO BE FUNDED BY THE PROJECT DEVELOPER. RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with Bruce W. Hull & Associates to provide appraisal services to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $15,000. The total cost for these services will be paid by the developer requesting the formation of this CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 17382 (Vintners Grove). The project consists of 156 total units; 78 single family detached and 78 triplex. The development is located at the southwest comer of Haven Avenue and Arrow Route. The CFD is being contemplated to fund street improvements, drainage improvements and development impact fees. The appraisal is necessary to ensure that the property in question has sufficient value to support the proposed bonded indebtedness per City policy. The cost for the appraisal is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because of the need for an appraisal of /20 Page 2 June 7, 2006 the property in the CFD to ensure compliance with City policy, it is recommended that this Professional Services Agreement be approved. ~pectful.lY submitted, ~ 'tvmda~~ . amela S. Easter Deputy City Manager cj~~~ GIS/Special Districts Manager Attachment: Agreement /1./ StaffReport DATE: TO: FROM: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH EMPIRE ECONOMICS TO PERFORM MARKET ABSORPTION SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (VINTNERS GROVE) IN AN AMOUNT NOT TO EXCEED $14,250 TO BE FUNDED BY THE PROJECT DEVELOPER RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with Empire Economics to provide market absorption services to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $14,250. The total cost for these services will be paid by the developer requesting the formation of this CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 17382 (Vintners Grove). The project consists of 156 total units; 78 single family detached and 78 triplex. The development is located at the southwest comer of Haven Avenue and Arrow Route. The CFD is being contemplated to fund street improvements, drainage improvements and development impact fees. The market absorption study is necessary to ensure that the property in question is economically viable and be able to support the special tax for the CFD. The cost for the market absorption study is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because of the needJor a market /22 Page 2 June 7, 2006 absorption study of the proposed CFD to ensure the financial viability of the CFD, it is recommended that this Professional Services Agreement be approved. }jP:fllil~;S~ ~~:~aster Deputy City Manager (1;~ y.::2?-------- Ingrid 4' Bruce e- GIS/Special Districts Manager Attachment: Agreement 12.3 THE C I T Y o F RANCIIO CUCAMONGA StaffReport DATE: TO: FROM: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH FIELDMAN ROLAPP & ASSOCIATES FOR FINANCIAL ADVISOR SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (VINTNERS GROVE) IN AN AMOUNT NOT TO EXCEED $20,000 FOR FORMATION SERVICES AND NOT TO EXCEED $31,000 FOR DEBT ISSUANCE SERVICES TO BE FUNDED BY THE PROJECT DEVELOPER. RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with Fieldman Rolapp & Associates to services as the financial advisor to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $20,000 for the formation phase and will not exceed $31,000 for the debt issuance phase. The total cost for these services will be paid by the developer requesting the formation of this CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 17382 (Vintners Grove). The financial advisor works for the City to ensure that the proposed CFD makes financial sense and coordinates the preparation of studies, appraisals and other documents to support that decision. The financial advisor also works for the City during the negotiation with the underwriter to ensure that the City receives the most competitive rate possible if and when bonds are sold. 11.'1 Page 2 June 7,2006 The cost for the financial advisor is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because of the need for an experienced financial advisor to assist in representing the City's financial interests, it is recommended that this Professional Services Agreement be approved. ~]~ Pamela S. Easter Deputy City Manager q;~ y 6.__ GIS/Special Districts Manager Attachment: Agreement 125 StaffReport DATE: TO: FROM: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID TAUSSIG & ASSOCIATES TO PERFORM SPECIAL TAX CONSULTANT SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (VINTNERS GROVE) IN AN AMOUNT NOT TO EXCEED $50,000 TO BE FUNDED BY THE PROJECT DEVELOPER. RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with David Taussig & Associates to provide services as the Special Tax Consultant to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $50,000. The total cost for these services will be paid by the developer requesting the formation of this CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 17382 (Vintners Grove). The project consists of 156 total units; 78 single family detached and 78 triplex. The development is located at the southwest comer of Haven Avenue and Arrow Route. The CFD is being contemplated to fund street improvements, drainage improvements and development impact fees. The Special Tax Consultant works for the City to ensure that the proposed CFD has a tax rate that is fair and equitable and is structured in accordance with the law. The cost for the Special Tax Consultant is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because of the need for an /1t, Page 2 June 7, 2006 experienced Special Tax Consultant to assist in representing the City's interests, it is recommended that this Professional Services Agreement be approved. ectfully submitted, !X6 faJe% P mela S. Easter Deputy City Manager ~~#ff~ 1.J~. Bruce0 GIS/Special Districts Manager Attachment: Agreement 12.7' THE C I T Y o F RANCIIO CUCAMONGA StaffReport FROM: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager DATE: TO: SUBJECT: APPROVAL OF A COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT WITH WILLIAM LYON HOMES, INC. (AMADOR ON ROUTE 66) RECOMMENDATION It is recommended that the City Council approve the attached Reimbursement Agreement related to a proposed Community Facilities (CFD) to fund public improvements. This agreement provides that the developer deposit funds to pay for all services associated with the formation of the CFD. The initial deposit is $60,000. If a CFD is formed, this agreement provides for the developer to be reimbursed from the bond proceeds. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 16882 (Amador on Route 66). The development in question is located at the northeast comer of Foothill Boulevard and Etiwanda Avenue. City policy is to require anyone requesting the formation of a CFD to pay all of the associated costs. Further it has been the City's practice to allow the developers to be reimbursed from the proceeds of the bonds associated with the CFD. This does not affect the City in any way as the payments for the bonds are coming solely from the developer. Also, should the City Council decide during the CFD public hearing not to form the CFD, the City is in no way obligated to repay the developer. 12 S Page 2 June 7,2006 This initial agreement provides for a deposit of $60,000 to pay for the City's Financial Advisor, Bond Counsel, Appraiser, Market Absorption Study and Special Tax Consultant. Should the City require the services of other professionals, we have the ability to request that additional funds be deposited to pay for those services. This agreement provides for the developer to pay all costs associated with this process. This agreement will not affect the City's budget. Finally, this agreement will facilitate financing for needed public improvements in the community. For these reasons, it is recommended that the city Council approve this Reimbursement Agreement. Respectfully submitted, {/mula!; fooJer Pamela S. Easter Deputy City Manager ~~ .~ ~ ~~. gi Y. Bruce~ GIS/Special Districts Manager Attachments: Agreement Application IZ'! RANCIIO CUCAMONGA C I T Y o F THE StaffReport FROM: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager DATE: TO: SUBJECT: . APPROV AL OF A PROFESSIONAL SERVICES AGREEMENT WITH BEST, BEST AND KREIGER FOR BOND COUNSEL AND DISCLOSURE COUNSEL SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (AMADOR ON ROUTE 66) IN AN AMOUNT NOT TO EXCEED $25,000 FOR FORMATION SERVICES AND NOT TO EXCEED $60,000 FOR DEBT ISSUANCE SERVICES TO BE FUNDED BY THE PROJECT DEVELOPER. RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with Best, Best & Krieger to provide services as the Bond Counsel and Disclosure Counsel to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $25,000 for the formation phase and will not exceed $60,000 for the debt issuance phase. The total cost for these services will be paid by the developer requesting the formation of this CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 16882 (Amador on Route 66). The Bond Counsel works for the City to insure that the proposed district is being formed in accordance with all applicable laws and coordinates the preparation of all resolutions, notices, bond forms and other documents required in the CFD formation proceedings. The Disclosure Counsel prepares the official statement pertaining to the bonds to ensure compliance with all 130 Page 2 June 7, 2006 applicable securities regulations, appropriate due diligence to review all transactional documents, applicable state law, closing documents and opinions. The cost for the Bond Counsel and Disclosure Counsel is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because of the need for an experienced Bond Counsel and Disclosure Counsel to assist in representing the City's legal interests, it is recommended that this Professional Services Agreement be approved. {fZ~Sf:k Pamela S. Easter Deputy City Manager ct:~~~ Ingrity. Bruce f/'---:- GIS/Special Districts Manager Attachment: Agreement {.Sl THE C I T Y o F RANCIIO CUCAMONGA StaffReport DATE: to: FROM: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BRUCE HULL & ASSOCIATES TO PERFORM APPRAISAL SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (AMADOR ON ROUTE 66) IN AN AMOUNT NOT TO EXCEED $20,000 TO BE FUNDED BY THE PROJECT DEVELOPER. RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with Bruce W. Hull & Associates to provide appraisal services to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $20,000. The total cost for these services will be paid by the developer requesting the formation ofthis CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 16882 (Amador on Route 66). The project consists of 3 triplexes; 33 buildings and 99 units. The development is located at the northeast comer of Foothill Boulevard and Etiwanda Avenue. The CFD is being contemplated to fund street improvements, drainage improvements and development impact fees. The appraisal is necessary to ensure that the property in question has sufficient value to support the proposed bonded indebtedness per City policy. The cost for the appraisal is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because of the need for an appraisal of 132 Page 2 June 7, 2006 the property in the CFD to ensure compliance with City policy, it is recommended that this Professional Services Agreement be approved. Respectfully submitted, ~~fMkr Deputy City Manager nI~~______ '12y.Bruce . GIS/Special Districts Manager J\ttachment: J\greernent /33 THE C I T Y o F RANCIIO CUCAMONGA StaffReport DATE: TO: FROM: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH EMPIRE ECONOMICS TO PERFORM MARKET ABSORPTION SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (AMADOR ON ROUTE 66) IN AN AMOUNT NOT TO EXCEED $12,250 TO BE FUNDED BY THE PROJECT DEVELOPER RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with Empire Economics to provide market absorption services to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $14,250. The total cost for these services will be paid by the developer requesting the formation of this CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 16882 (Amador on Route 66). The project consists of 3 triplexes; 33 buildings and 99 units. The development is located at the northeast comer of Foothill Boulevard and Etiwanda Avenue. The CFD is being contemplated to fund street improvements, drainage improvements and development impact fees. The market absorption study is necessary to ensure that the property in question is economically viable and be able to support the special tax for the CFD. The cost for the market absorption study is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because of the need for a market 13'-/ Page 2 June 7, 2006 absorption study of the proposed CFD to ensure the financial viability of the CFD, it is recommended that this Professional Services Agreement be approved. npectfu~lY submitted, tM?u!aSf~ Pamela S. Easter Deputy City Manager i\ttachment: i\greell1ent ~~~--- ~~ Y. Bruce GIS/Special Districts Manager /35 THE C I T Y o F RANCIIO CUCAMONGA StaffReport DATE: TO: FROM: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH FIELDMAN ROLAPP & ASSOCIATES FOR FINANCIAL ADVISOR SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (AMADOR ON ROUTE 66) IN AN AMOUNT NOT TO EXCEED $20,000 FOR FORMATION SERVICES AND NOT TO EXCEED $31,000 FOR DEBT ISSUANCE SERVICES TO BE FUNDED BY THE PROJECT DEVELOPER. RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with Fieldman Rolapp & Associates to services as the financial advisor to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $20,000 for the formation phase and will not exceed $31,000 for the debt issuance phase. The total cost for these services will be paid by the developer requesting the formation ofthis CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 16882 (Amador on Route 66). The financial advisor works for the City to ensure that the proposed CFD makes financial sense and coordinates the preparation of studies, appraisals and other documents to support that decision. The financial advisor also works for the City during the negotiation with the underwriter to ensure that the City receives the most competitive rate possible if and when bonds are sold. 13~ Page 2 June 7, 2006 The cost for the financial advisor is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because of the need for an experienced financial advisor to assist in representing the City's financial interests, it is recommended that this Professional Services Agreement be approved. ~;U1i~ r~ela S. Easter Deputy City Manager cf~p~ GIS/Special Districts Manager J\ttachment: J\greernent ~ 'IE? THE C I T Y o F RANCIIO CUCAMONGA StaffReport DATE: TO: FROM: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID TAUSSIG & ASSOCIATES TO PERFORM SPECIAL TAX CONSULTANT SERVICES IN CONJUNCTION WITH A PROPOSED COMMUNITY FACILITIES DISTRICT (AMADOR ON ROUTE 66) IN AN AMOUNT NOT TO EXCEED $50,000 TO BE FUNDED BY THE PROJECT DEVELOPER. RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with David Taussig & Associates to provide services as the Special Tax Consultant to the City in relation to a proposed Community Facilities District (CFD). The amount for these services will not exceed $50,000. The total cost for these services will be paid by the developer requesting the formation ofthis CFD. BACKGROUND The proposed CFD is being requested by William Lyon Homes, Inc. to fund public improvements related to their development of Tract 16882 (Amador on Route 66). The project consists of 3 triplexes; 33 buildings and 99 units. The development is located at the northeast comer of Foothill Boulevard and Etiwanda Avenue. The CFD is being contemplated to fund street improvements, drainage improvements and development impact fees. The Special Tax Consultant works for the City to ensure that the proposed CFD has a tax rate that is fair and equitable and is structured in accordance with the law. The cost for the Special Tax Consultant is being paid by the developer who is requesting this CFD. Because there is no impact to the City financially and because ofthe need for an I~g Page 2 June 7, 2006 experienced Special Tax Consultant to assist in representing the City's interests, it is recommended that this Professional Services Agreement be approved. ~Z0~ ~ela S. Easter Deputy City Manager r/; ~~ /./ '-;2<7 ~~ ~- ngrid Y. Bruc - - GIS/Special Districts Manager Attachment: Agreement --- /~~ STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: John Martin, Associate Engineer J}f //11, Richard Oaxaca, Engineering Tecffu~i:n f2~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $37,344.00 TO THE APPARENT LOW BIDDER, COONSTRUCTION, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $3,734.40 FOR BRIDGE MAINTENANCE AND REHAB PROJECT AT HERITAGE PARK, TO BE FUNDED FROM PARK DEVELOPMENT FUNDS, ACCOUNT NO. 11203055650/1321120-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize. the execution of the contract in the amount of $37,344.00 to the apparent low bidder, Coonstruction, Inc., and authorize the expenditure of a 10% contingency in the amount of $3,734.40, for the Bridge Maintenance and Rehab Project at Heritage Park, to. be funded from Park Development funds, Account No. 11203055650/1321120-0. BACKGROUND/ANAL YSIS Per previous Council action this project was re-advertised for bidding. New bids were solicited, received and opened on May 16, 2006. The Engineer's estimate was $67,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds all bidders meet the requirements of the bid documents. The Bridge Maintenance and Rehab Project at Heritage Park scope of work consists of retrofitting "safety barriers" that are secured to the side of the "guardrails" at four of five existing park bridges to eliminate the existing connection deficiencies and alleviate the concerns created by the highly visible displacement. Four (4) span the "Demens Canyon County Flood Control Channel" open channel and one (1) spans an "open channel" inlet. 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I \ I I I I I i I I \ I I I I \ I STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Jerry A. Dyer, Senior Civil Engineer ~ Richard Oaxaca, Engineering Techni ian 1!ftJ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $98,550.00 TO THE APPARENT LOW BIDDER, J.D.C. INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $9,855.00 FOR THE BASE LINE ROAD STREET LIGHT AND SIDEWALK IMPROVEMENT PROJECT, TO BE FUNDED FROM TRANSPORTATION FUNDS, ACCOUNT NO. 11243035650/1442124-0 AND CFD 2001-01 FUNDS, ACCOUNT NO. 16123035650/1442612-0 AND APPROPRIATE AN ADDITIONAL AMOUNT OF $22,000.00 TO ACCOUNT NO. 11243035650/1442124-0 FROM TRANSPORTATION FUND BALANCE AND $97,660.00 TO ACCOUNT NO. 16123035650/1442612-0 FROM CFD 2001-01 FUND BALANCE TO SUPPLEMENT THE' CONSTRUCTION CONTRACT COST, FULLY FUND THE SOUTHERN CALIFORNIA EDISON COST FOR INSTALLING THE STREET LIGHTING, AND TO FULLY FUND THE COST OF THE CONSTRUCTION SURVEY FOR THE PROJECT RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $98,550.00 to the apparentlow bidder, J.D.C. Inc., and authorize the expenditure of a 10% contingency in the amount of $9,855.00, for the Base Line Road Street Light and Sidewalk Improvement Project, to be funded from Transportation funds, Account No. 11243035650/1442124-0 and CFD 2001-01 funds, Account No. 16123035650/1442612-0 and appropriate an additional amount of $22,000.00 to Account No. 11243035650/1442124-0 from Transportation fund balance and $97,660.00 to Account No. 16123035650/1442612-0 from CFD 2001-01 fund balance to supplement the construction contract cost, fully fund the Southern California Edison cost for installing the street lighting, and to fully fund the cost of the construction survey for the project. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on May 9, 2006, for the subject project. The Engineer's estimate was $116,100.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds all bidders meet the requirements of the bid documents. The Base Line Road Street Light and Sidewalk Improvement Project scope of work consists of the installation of street lights and sidewalk along the south side of Base Line .Road from 600 feet east jL{,-/ ,.GFr-Y~GGIdNGlb-STAFF.REPORT RE: AWARD BASE LINE ROAD STREET LIGHT AND SIDEWALK IMPROVEMENT PROJECT JUNE.7,2006 PAGE 2 I of Day Creek Boulevard to 250 feet west of Victoria Park Lane. The contract documents call for thirty (30) working days to complete this construction. Respectfully submitted, OtL !/?,'U~,:t wiam J. O'Neil City Engineer WJO:JAD/RO:ls Attachment /L/5 ~ ~ ;;a ~ C "'4 Eo, ~ ~ ~ \C :> :> N ~ ~ :is c ~ z ~ ~ o ~ ~ = ~ o r.. ~ :is ~ U':l S = ~ ~ o ~ ~ ~ U Q ...;~~ ~U':l ~8 ~ U':l o~ u~ ~ ~. ~~ ~~~~ 'wi ~U':l Z zo ~ ~u - CJ ~ ..... Q - c.. - = ~ e ~ > Q - S" ~ = = ~ ~ ~ ..... rJ'J ~ = = - .Cl ~ ..... ...;:l .... ~ ~ - .... rJ'J ~ = Q ~ ~ = ..... ...;:l ~ rIl = = . ~ z ~ o ~ z o ~ ~ ~ Pil u U':l ~ ~ ~ ~ >- S o z o ~ o o o C"r ...... "" o ~ o o o N ...... "" o ~ o o On on ...... "" o ~ o o O~ on ...... "" 00 s:: ..... .0 ~ "Cl a 00 s:: .~ v o r/.l ....:! ...... o ~ o o O~ ~ "" o ~ o o On ~ "" o ~ o o on "" o ~ o o on "" v "0 (\I ~ o ..... ..... a .e ;>.. ~ V 1-0 ~ ..... ""' ~ ;a' <: <: ~ ...... N o o o o O~ C"'1 "" o o o o On ~ "" o ~ o o 00 "" o ~ o o 00 "" v "Cl (\I Ci o +-' en V p. ~ .+-' 5 > ~ +-' ;3 (\I > s:: o ""' ..... "Cl ~ +-' en ~ ;a' < r/.l ....:! ...... ~ o ~ o on 00 -.;f ...... "" o on on "" o ~ o o N \O~ ...... "" o ~ \0 "" o ~ o o N -<:t~ N "" o on on "" o ~ o o \On 00 N "" o on ..0 "" -. C"'1 N E o Z s:: o ..... +-' U E rJ) 5 u 1-0 V P. V "0 'f$ \0 '-' ~ - (\I ~ ~ "0 ..... r/.l ~ ~ ~ ~ 5 ';3 "0 U a E ""' rJ) ~ 5 ~ U a::l 1-0 - ""' ~ '3 l:: p. ~ ~ .g ~~ 5 'f$ go .!:: on ~ g. '-' ........ ~ ~ '3~ -a ~"O ~ .~~ a ~ .g rJ) (;i 5] ia U ~ ~ .E ~ ;.=: 00 u .~ e ~ u ~ l-'- ~ ;: b5 ~ uN........B ~ E] ~ o ""' ..= ~z..sr/.l ~ r/.l o o r--- N -<:t ~ ifJ r/.l ....:! o ...... o -<:t -<:t on \C5 o o o o o o -<:t "" o ~ o o o on -<:t "" o ~ o o o~ on -<:t "" o ~ o o o~ on -<:t "" o o o o on o ~ o on "} 00 0\ "" ...... "" o o o o III ...... "" o o o o o o~ ...... "" o ~ o o ...... \0 ...... ...... "" o o o o o o~ ...... "" ~ E-- o E-4 -0 ..b s:: o U U \+:: <.;..< (\I 1-0 E-< ifJ ....:! ...... r--- JL{(P ~1 lLJ > <{ lLJ > ~ <..9 8TH 5T PROJECT LOCATION .'. 1;1, CITY OF RANCHO CUCAMONGA BASE LINE ROAD SIDEWALK AND STREET LIGHT IMPROVEMENTS EAST OF DAY CREEK BLVD TO VICTORIA PARK LANE VICINITY MAP , .- STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Erica Darplee, Management Analyst I Richard Oaxaca, Engineering Technician.~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $73,780.00 TO THE APPARENT LOW BIDDER, TDS ENGINEERING, FOR THE INSTALLATION OF FIVE (5) SOLAR SPEED DETECTION SIGNS ON FIVE (5) POLES; AND AUTHORIZE USAGE OF THE REMAINDER OF THE AVAILABLE FUNDING IN THE AMOUNT OF $46,220.00 TO PURCHASE THREE (3) ADDITIONAL SOLAR SPEED DETECTION SIGNS ON THREE (3) POLES FROM TDS ENGINEERING FOR A TOTAL COST OF $120,000.00 FOR THE SOLAR SPEED DETECTION SIGN PROJECT, TO BE FUNDED FROM CAPITAL RESERVE FUNDS, ACCOUNT NO. 10250015650/1530025-0. RECOMMENDATION Accept the bids received and award and authorize the execution of a contract in the amount of $73,780.00 to the lowest responsible bidder, TDS Engineering, for the installation of five (5) solar speed detection signs on five (5) poles; and authorize usage of the remainder of the available funding in the amount of $46,220.00 to purchase three (3) additional solar speed detection signs on three (3) poles from TDS Engineering for a total cost of $120,000.00 for the Solar Speed Detection Sign Project, to be funded from Capital Reserve funds, Account No. 1025001-5650/1530025-0. BACKGROUND/ANAL YSIS Per previous Council action, bids were solicited, received and opened on May 30, 2006, for the subject project. The Engineer's estimate was $105,000.00. Fortunately, the lowest responsible bid came in at $73,780.00 for the purchase and installation of 5 signs on 5 poles. Due to the fact the bids came in low, staff will enact a contract change order once the initial contract paperwork has been completed to purchase 3 additional signs with the remaining funding, amounting to a total of 8 signs. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds all bidders meet the requirements of the bid documents. The Solar Speed Detection Sign Project scope of work consists of furnishing and installing V-Calm Solar Speed Detection Signs and poles at specified locations throughout the City. The contract documents call for twenty (20) working days to complete this construction. The signs will be installed at the following locations: /L/Z CITY COUNCIL STAFF REPORT _,___~_._~___._ n_-~RE~- AWARD SOLAR-SPEED DETECTION SIGNS PROJECT JUNE 7, 2006 PAGE 2 . Carnelian Street, southbound at the curve . Archibald Avenue, south of the 210 freeway at Monte Vista . Banyan Street, % mile east of Los Osos High School in the westbound direction . Day Creek Boulevard, southbound at Keenland . Banyan Street, at Summit in the eastbound direction near Etiwanda Colony School . Etiwanda Avenue, southbound at Rancho Estate . Vintage Drive, eastbound between Milliken and Rochester at Hillview near Caryn Elementary School . Elm Avenue, eastbound at DeAnza near Coyote Canyon Elementary School These locations were approved by the City Engineer, and were based off past complaints and traffic patterns/locations deemed in need of traffic calming devices. Staff expects the signs to be installed and functioning by the end of August 2006. Respectfully submitted, C/u()(Ad William J. 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II) i:l e ~ 8 OJ ~ .s. ] ~ ~ ::;s - Q) rn ~ S ] S'- OJ "+:2 e ~ :g. g -< ~ ~ on lr\ ,....; N o o o o 0" .... _...~------- ~ o o o o lr\ c-.r E>'7 o o o o t"'l t"'l" EI} o o o o \r) '0" ~ o o o on t"'l '0" .... ~ o o o o "'l .... E>'7 o o o on t"'l M ~ o o o o lr\ lr\~ ~ o o o o Ii") r--" ~ o o o o - .... E>'7 o o o o "1. .... ~ o o o o o .n ~ o o o o o on~ t"'l ~ o o o o o Ii")~ ~ rn Q) ~ '0 .... ~ s c; Q) 61] rJ) fr "0 ... ;;-g "0 o:s a- CZl ~ <;: s .... Q) Q) ... ~.2:l E-< ~ ""' g o 0 = u .g "U ~ .S o:s ,-, t;~ ..sc, ~ on M o o on '0 QO ci 0'\- ~ o o o Ii") r--~ .... QO ~ o o o QO r-- M r-- EI} o o o o o on~ o .... EI} ~ E- o E- 150 STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR DRC2001-00572, LOCATED 9649 FOOTIDLL BOULEVARD ON THE SOUTH SIDE OF FOOTIllLL BOULEVARD, EAST OF ARCIDBALD AVENUE, SUBMITTED BY MCDONALD'S CORPORATION RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for DRC2001-00572, located 9649 Foothill Boulevard on the south side of Foothill Boulevard, east of Archibald. Avenue, submitted by McDonald's Corporation BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER McDonald's Corporation 17891 Cartwright Road Irvine, Ca 92614 Release: Maintenance Guarantee Bond #6239211-0001 $3,300.00 Respectfully submitted, C)rr~ud William J. O'Neil City Engineer WJO:TCH:tv Attachment J 51 NOT TO SCALE VICINITY MAP . ./ ,- I. 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'-,. -1 .! j --.3, . l:i \ J :: 1 I . f> I: 11 I ~iMcltinlh ~t L;~'-~~~J 11 ~ City of Rancho Cucamonga ENGINEERING DIVISION Item: DRC2001-00572 Title: VICINITY MAP EXHIBIT: 1 IS2 STAFF REpORT ENGINEERING DEPARTMENT Date: To: From: By: Subject: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Tasha Hunter, Public Service Tech I ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2002-00264 LOCATED ON THE SOUTHWEST CORNER OF 6TH STREET AND UTICA AVENUE, SUBMITTED BY 6TH STREET & UTICA, LLC RECOMMENDATION: The required improvements for DRC2002-00264 have been completed ih an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2002-00264, located on the southwest comer of 6th Street and Utica Avenue, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: 6th Street & Utica, LLC: 8401 Jackson Rd., Sacramento, Ca 95826 Release: Accept: Faithful Performance Bond $217,500.00 # 104421179 (Bond No.) # 104738890 (Bond No.) $ 21,750,00 Maintenance Bond Respectfully submitted, ~f1~ William J. O'Neil City Engineer WJO:TCH:tv Attachment( s) 153 Vicinity Ma~ N.T.S. ...,. GTH \r'-~' --.- . ~ y ~ g if -:z ~ ~ ITEM: DRC2002-00264 ~ TITLE: Vacinitv Map EXHIBIT nAil City of Rancho Cucamonra /5'/ RESOLUTION NO. tJ& -liP 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00264 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2002-00264 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. /55 STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: RELEASE OF MAINTENANCE CASH DEPOSIT FOR DRC2003-00650, LOCATED ON THE SOUTHWEST CORNER OF FOOTIDLL BOULEVARD AND MALACIDTE AVENUE, SUBMITTED BY JAMES & MARIA KYPREOS RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Cash Deposit, for DRC2003-00650, located on the southwest comer of Foothill Boulevard and Malachite Avenue, submitted by James & Maria Kypreos BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER James & Maria K ypreos 1233 E. Sierra Madre Avenue Glendora, Ca 91740 Release: Maintenance Cash Deposit Receipt #CR051540 $2,350.00 Respectfully submitted, Cj;t(/{Ue1 William J. O'Neil City Engineer WJO:TCH:tv Attachment /Sfp (j ) N.T.S. 1.... 2.10 .- . 8A5e:Ll~E: ROAD. , . " w W ::3 ':1 ~ '2; 'l1 ~ FOOTHILL. BOUtEVARO ~ '. ~ ~9lE I ~ ! ... ~ ~ ~ .. ARROW ROU1r , Q Q ~ .' ~ ~ .. .~ :r UI ,2 M - ~ > 8 rl1 STREE'T , , , , 1 1 - 10 '. ITEM: DRC2003-00650 ~ , TITLE: Vacinitv Mac ~ Vicinit~Ma~ EXHIBIT "An City of RanchoCucamonQ.! 151 STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: ACCEPT IMPROVEMENTS, RETAIN $1,150.00 OF THE FAITHFUL PERFORMANCE CASH DEPOSIT IN LIEU OF A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR PARCEL MAP 16969, LOCATED ON THE WEST SIDE OF EAST AVENUE NORTH OF IDGHLAND AVENUE, SUBMITTED BY VERIZON CALIFORNIA, INC. RECOMMENDATION: The required improvements for Verizon California, Inc. have been completed in an acceptable manner, and it is recommended that the.City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to retain $1,150.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Parcel Map 16969, located on the west side of East Avenue north of Highland Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council retain a portion of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond. Respectfully submitted, C}e(/Ufd William J. O'Neil City Engineer WJO:TCH:tv Attachment( s) J5~ Vicinity Map PM 16969 ---j \ ITTTTl (r---i I I I I I , , I '\ , N E s /59" - D~~rto-g RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16969 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel Map 16969 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. /~6 STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 14522, LOCATED ON THE SOUTH SIDE OF VINTAGE DRIVE WEST OF DAY CREEK BOULEVARD, SUBMITTED BY YOUNG CALIFORNIA HOMES, L.P. RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract 14522, located on the south side of Vintage Drive west of Day Creek Boulevard, submitted by Young California Homes, L.P. BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER Young California Homes, L.P. 355 E. Rincon St., Ste. # 115 Corona, Ca 92879 Release: Maintenance Guarantee Bond #1849581 $44,390.00 Respectfully submitted, Che(/(/fpj Wi~~m J. O'Neil City Engineer WJO:TCH:tv Attachment ItJ/ W/'-~ON &ANVAN I~~Z% l CITY OF RANCHOCUCAMONGA ENGINEERING DIVISION ~ ... .. G. D ... ... ci u ..: u at oj .~ ~ 1 j .... <. '-'. >- 1: II G- o ... A- d .; ..: ~ iii iii ~ - --~~ -l?1--~i . _- I Y. IJ .... ---.;: . ~~ C.....~ ~ ~~. ,,~v $.C.E.~~~ 1 ~ ~~jf\;J~ . VQ \ ~W"V ~, ~" ~~ ~ _ ....-' 1--, 1- " .., - _- 1-- I- ~ - - - f-- - I- IDIa-mcdi.\., ~< - I-- - Scb_1 SUe = - ~ ,...-< ~- - >2\r Lhr I I I I 1 "I0JI' .......LJl I I I I I ], -.r ~ - -..". r rlr '111" i~~ "Jl IIIIL/ '~"...(~I 11 ill I I ~ ~ 1rlhOD A?....u" ~ f'..l../I- !- i- ~ "III Ill\: t=1~.... E=JF ~ S Bnl~1 ,t:!:j'IIF t vTllllmn...... '. II "JIJJIIIIII... t III IfllJ..... . II HIIIII : II ~ III ~l ...LJI JIIIIJ/: J'lJ . 111111 .. ~ ~ VTllllfllrc.: 1 I JlIII ~ "HIIIIII''- '" I JIIII .: to rl IHIU_I:I!-[7 JI. IlIlr to ~ .1.. I ., .,Ifl.' = ~ ~ ".. - - ~ ~DTI II II ,II il 1111' iii '\..JJ Jill Ii/" I ~ -it:. -4. __ ~ ' ~ /...., IUIIII ...... Jr Jllli" -lUll IIltlll '1"'" / tex 11111 ~I . ... " III I V..... = rrrT rY "") ft: c:rTl111 - ~ffHH1HB= !- - f:: ;:: iIo..l ( 1111 !- .- . EI~IJUllllln Sd...ol Sile Par' Sl.. 10 AC lat., / . -...-:: ~ e ,__ - a_ ~ S-.-l A........ , I ~HI l L ~C> => o BOUNDARY OF ANNEXATION .. .. V - NAP ~ -'- E IIU ....)- ~ II "u II U Jl ..(- 10.... II r}JU~ --~ --....,..,.;:~ NORTH n NTS ITEM: Tract TITLE: Rancho EtIwanda EXHIBIT: Vicinity Map /iPA STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 RANCHO CUCAMONGA To: Mayor and Members ofthe City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 16026, LOCATED ON THE WEST SIDE OF AMETHYST STREET, NORTH OF VALLEY VIEW STREET, SUBMITTED BY AMETHYST ESTATES, LLC RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract 16026, located on the west side of Amethyst Street, north of Valley View Street, submitted by Amethyst Estates, LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER Amethyst Estates, LLC 4141 fuland Empire Blvd., Ste. 345 Ontario, Ca 91765 Release: Maintenance Guarantee Bond #SU 5006674 $57,100.00 Respectfully submitted, CJN;(/t UJ WillZ~ J~ ~'Neil City Engineer WJO:TCH:tv Attachment 1~3 AlMOND ST. StTE r: fit I- ~ ~ vAlLEY VIEW ST. ~ ~ HILlSIDE RD. ~ ~ :J: CITY OF RANCHO CUCAMONGA ENGINEERING DIVlSION <c ~ Q ~ 2 , I ~ ~ m is ~ HILLSIDE RD. / ""9 STAFF REpORT ENGINEERING DEPARTMENT Date: June 7, 2006 RANCHO CUCAMONGA To: Mayor and Members ofthe City Council Jack Lam, AICP, City Manager From: William 1. O'Neil, City Engineer By: Tasha Hunter, Public Service Tech I Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16335 LOCATED ON THE EAST SIDE OF EAST AVENUE, NORTH OF BASE LINE ROAD, SUBMITTED BY KB HOME GREATER LOS ANGELES INC. RECOMMENDATION: The required improvements for Tract 16335 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 16335, located on the east side of East Avenue, north of Base Line Road, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: KB Home Greater Los Angeles Inc.: 801 Corporate Center Dr., Ste. 201, P011)ona, Ca 91768 Release: Faithful Performance Bond # SU 5008607 (Bond No.) # SU 5008607-A (Bond No.) $269,400.00 Accept: Maintenance Bond $ 26,940.00 Respectfully submitted, C}t. acuJ Wilham J. O'Neil City Engineer WJO:TCH:tv Attachment(s) 1(,5 BASE UNE '~ HIGHLAND AVENUE ., , VICTORIA STREET ~~ ~<v r}~ ~(f ...... (}ITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ~ .N rrEM: -T/!4CT /~ '6~ TITLE: ./~b RESOLUTI~~N~6 ~ -7r~--- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16335 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16335 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 1/g'1 THE CITY OF I RANCIIO CUCAMONGA Staff Report DATE: June 7, 2006 TO: Mayor and Members of the City Council J.ack Lam, AICP, City Manager FROM: Dan Coleman, Acting City Planner BY: Larry Henderson AICP, Principal Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00339 - CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to allow the development of land that contains a 30 percent slope within a mixed use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13, 01 and 34. Related Files: Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01061, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2004-00352 - CHARLES JOSEPH ASSOCIATES - An application to amend the Development Code to allow the development of the land that contains a 30 percent slope within a mixed-use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13, 01 and 34. Related Files: General Plan Amendment DRC2004-00339, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Approval as recommended unanimously by the Planning Commission and staff by adoption of the attached Resolution for General Plan Amendment DRC2004-00339 and Ordinance for Development Code Amendment DRC2004-00352. A Mitigated Negative Declaration was prepared and is recommended for certification. BACKGROUND/ANALYSIS: The Planning Commission held a public hearing on April 12, 2006, for these items as part of the Development Proposal (Exhibits A and B). The Planning Commission approved all the related applications conditioned upon the City Council approval of the General Plan and Development Code Amendments by the City Council. I~ ~ CITY COUNCIL STAFF REPORT DRC2004-00339 AND DRC2004-00352 - CHARLES JOSEPH ASSOCIATES June 7, 2006 Page 2 Slopes are a major feature of the site with over 34 percent of the site having slopes of 30 percent or greater. A majority of the site is disturbed, and replanted with non-native species; however, there are numerous mature trees. The site features include a large, concrete drainage facility (abandoned reservoir) that has the remains of spray cans, graffiti, and dumping and the pad area for a demolished water tank. Evidence of squatters' campsites and trash dumping is present in canyon areas. Significant visual features that frame the site are the historic Sycamore Inn on the west, the Red Hill Bluff to the north, and the abandoned Southern Pacific Railroad embankment to the east. Mature heritage trees are existing on- and off-site and are discussed in a revised Arborist Study dated February 2005, by David Evans and Associates. ' The project site land use designation is Mixed Use. The proposed project is the request to construct 206 condominiums on 21 acres. The developer is proposing to construct the development on land with up to 30 percent slopes, which requires a Development Code and a General Plan Amendment. An analysis of the existing slope condition is: Slope Analysis Table Slope Category Area In Acres Percentage of Site Under 10 percent 4.39 20.5 10 to 14.9 percent 0.82 3.9 15 to 19.9 percent 4.35 20.5 20 to 24.9 percent 2.25 10.6 25 to 29.9 percent 2.26 10.6 30+ percent 7.18 33.9 Total 21.25 100 The Mixed Use Designation in the General Plan is neither a residential nor commercial category of the General Plan Land Use Map. In recognition of its unique classification, it is a separate category. This is obvious since the density is not assigned per parcel but on an area wide basis subject to design and land use review. Therefore, the Hillside Development criteria of the General Plan and Development Code, such as prohibiting development where the slope is greater than 30 percent, were never intended to apply as uniformly as with a residentially designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes; in this case we have a 20-acre fractured site surrounded by developed land. In fact, the case can be made that the site has been so altered (Foothill Boulevard, R.R. Line, a water reservoir, and a water tank) with graded access roads that the site is not natural as to not even being within the intent of the Hillside density requirement of the Development Code. Also, the natural drainage courses have been subject to urban runoff for years from the developed Red Hill neighborhood to the north and, therefore, do not qualify as intended by the General Plan or the zoning requirements. To clarify the intent of the Hillside Requirements, text amendments to the General Plan and Development Code are contained in the attached Resolution and Ordinance. /ft,9 CITY COUNCIL STAFF REPORT DRC2004-00339 AND DRC2004-00352 - CHARLES JOSEPH ASSOCIATES June 7, 2006 Page 3 'v FACTS FOR FINDING: General Plan Amendment and Development Code Amendment: The application applies to approximately 21 acres of land, basically an irregular configuration, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Road Right-of-Way, and is presently vacant. Said property is currently designated as Mixed Use; and Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development. Hillside Development criteria of the General Plan and Development Code were never intended to apply as uniformly as with a residential designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes; in this case we have a 20-acre fractured site surrounded by developed land. In fact, the site has been so altered (Foothill Boulevard, R.R. Line, a water reservoir, and a water tank) with graded access roads that the site is not natural as to not even being within the intent of the Hillside density requirement of the Development Code. Therefore, this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and This amendment promotes the goals and objectives of the Land Use Element by allowing for the implementation of the Mixed Use designation in this area; and In as much as an Office Commercial use allowed under the Mixed Use Designation would not be subject to the Hillside Density provisions of the General Plan and Development Code, but would allow a non-residential project of the same or more intense building mass, this amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. No additional correspondence has been received subsequent to the Planning Commission action. CONCLUSION: Since Office Commercial use allowed under the Mixed Use Designation would not be subject to the Hillside Density provisions of the General Plan and Development Code, but would allow a non-residential project of the same or more intense building mass the Amendment would be consistent with the intent of the Mixed Use, Foothill Boulevard Specific Plan designation. /7{) CITY COUNCIL STAFF REPORT DRC2004-00339 AND DRC2004-00352 - CHARLES JOSEPH ASSOCIATES June 7,2006 Page 4 Environmental Assessment: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A Mitigated Negative Declaration was prepared and is recommended for certification. Dan 0 eman Acting City Planner DC:LH\ma Attachments: Exhibit A - Planning Commission Staff Report dated April 12, 2006 Exhibit B - Planning Commission Minutes dated April 12, 2006 Draft Resolution Approving General Plan Amendment DRC2004-00339 Draft Ordinance for Development Code Amendment DRC2004-00352 /7/ THE C I T Y o F RANCIIO CUCAMONGA Staff ReJ?Ort DATE: TO: FROM: BY: SUBJECT: April 12, 2006 Chairman and Members of the Planning Commission Dan Coleman, Acting City Planner Larry Henderson AICP, Principal Planner ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00339 - CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to allow the development of land that contains a 30 percent slope within a mixed use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Road Right-of-Way - APN: 0207-101-13, 01 and 34. Related Files: Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. .. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2004-00352 - CHARLES JOSEPH ASSOCIATES - An application to amend the Development Code to allow the development of the land that contains a 30 percent slope within a mixed-use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13, 01 and 34. Related Files: General Plan Amendment DRC2004-00339, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT SUBTT16605 - CHARLES JOSEPH ASSOCIA TES- A residential subdivision of 8 lots for condominium purposes on 21 acres of land in the western Foothill Corridor Mixed Use area within Subarea 1 of the Foothill Districts, located on the north side of &//3/T 14 17~ PLANNING COMMISSION STAFF REPORT DRC2004-00339/DRC2004-003521SUBTT16605/DRC2003-00637/DRC2005-01 061/DRC2004-00826 April 12, 2006 Page 2 Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13, 01 and 34. Related Files: Development Code Amendment DRC2004-00352, General Plan Amendment DRC2004-00339, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared ~ Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00637 - CHARLES JOSEPH ASSOCIATES - The design review of building elevations and detailed site plan for 206 condominiums on 21 acres of land in the western Foothill Boulevard Mixed Use Corridor area within Sub area 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13, 31 and 34. Related Files: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Variance DRC2005-01 061, and Minor Development Review DRC2004-00826. VARIANCE DRC2005-01061 - CHARLES JOSEPH ASSOCIATES - A request to reduce the parking lot setback from 45 feet minimum to 10 feet to allow improvements to an existing parking lot for the Sycamore Inn Restaurant on property located on the north side of Foothill Boulevard at the intersection of San Bernardino Road - APN: 0207 -101-24. Related Files: Development Review DRC2003-00637, Tentative Tract SUBTT16605 and Minor Development Review DRC2004-00826. MINOR DEVELOPMENT REVIEW DRC2004-00826 - CHARLES JOSEPH ASSOCIATES - Parking lot, loading area modifications and covered patio area at the Historic Sycamore Inn Restaurant, located at 8318 Foothill Boulevard - APN: 0207-101-24. Related Files: Development Review DRC2003-00637, Variance DRC2005-01 061, and Tentative Tract SUBTT16605. PROJECT AND SITE DESCRIPTION: A. Project Densitv: 9.8 Dwelling Units per acre. B. Surroundinq Land Use and Zoninq: North - Condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively South - Across Foothill Boulevard is developed with office and commercial uses designated Mixed Used East - Abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Mixed Use West - Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development /7~ PLANNING COMMISSION STAFF REPORT DRC2004-00339/DRC2004-00352/SUBlT16605/DRC2003-Q0637/DRC2005-01 061 /DRC2004-00826 April 12, 2006 Page 3 C. General Plan Desiqnations: Project Site - Mixed Use North - Medium Residential (8~14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre) South - Mixed Use East - Open Space West - Mixed Use, Medium Density Residential, and Open Space D. Site Characteristics: Slopes are a major feature of the site with over 34 percent of the site having slopes of 30 percent or greater. A majority of the site is disturbed, and replanted with non-native species; however, there are numerous mature trees. Site features include a large, concrete drainage facility (abandoned reservoir) that has the remains of spray cans, graffiti, and dumping and the pad area for a demolished water tank. Evidence of squatters' campsites, and trash dumping is present in canyon areas. Significant visual features that frame the site are the historic Sycamore Inn on the west, the Red Hill Bluff to the north, and the abandoned Southern Pacific Railroad embankment to the east. Mature heritage trees are existing on- and off-site and are discussed in a revised Arborist Study dated February 2005, by David Evans and Associates. E. Parkinq Calculations: Number of Number of Square Parking Spaces Spaces Type of Use Footaqe Ratio Required Provided 2 bedroom condo 1 ,1 04 to 1 ,256 1.8/unit 206 covered 214 covered 165 open 157 open 52 guests 52 guests 82 covered tandems Existing Restaurant 11,000 1/100 sq. ft. 110 167 TOTAL 533 672 F. Pre-Application Review: Staff referred the project to the Planning Commission on August 13, 2003, because of the scope of the project, historic sensitivity of the Sycamore Inn restaurant, and potential public controversy (Exhibit K). ANAL YSIS: A. General: The project site land use designation is Mixed Use. The proposed project is the request to construct 206 condominiums on 21 acres. The developer is proposing to construct the development on land with up to 30 percent slopes, which requires a Development Code and a General Plan Amendment. The development is anticipated to generate a ratio of 2.6 persons per unit or approximately 585 additional residents. However, growth was anticipated and is designed in accordance with the City of Rancho Cucamonga Development Code, Chapter 17.32, Foothill Boulevard Districts guidelines for development of Subarea 1. 17'-/ PLANNING COMMISSION STAFF REPORT DRC2004-00339/DRC2004-00352/SUBTT16605lDRC2003-Q0637/DRC2005-01 061 /DRC2004-00826 April 12, 2006 Page 4 The project site has not been identified as an "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). An Historical Assessment of the project site was conducted by Stephen R. Van Wormer in May 1990, and revealed the following: four historic resources were identified as a result of research and field survey and include: 1) the Cucamonga Stage station site, 2) the Sycamore Inn, 3) the Red Chief Motel (now demolished), and 4) the San Bernardino Museum. Archaeological Information has noted the presence of two previously recorded historic bridges (CHS-1786-1 and CHS-1786-6) as well as the old Los Angeles to San Bernardino Road route (PS-BR-3-H) adjacent to the project boundaries. These resources are outside the project area and will not be impacted. It is noted that the Sycamore Inn site is affected from a site-specific impact, since the main access to the residential project is through the parking lot. Careful attention to the current restaurant needs of the Inn was considered with the residential design so that the economic viability of this unique historical resource is not adversely affected. The most significant change was a shifting of the main driveway entrance on Foothill Boulevard further west in order to better align the intersection with . San Bernardino Road and eliminate most of the pedestrian vehicular traffic conflict with a majority of the Sycamore Inn parking spaces. Linocut Law & Greenspan Engineers conducted a Traffic Impact Study in July 2003. The study focused on seven intersections to determine the potential traffic impacts during the morning and evening commute peak hours (between 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 6:00 p.m. on a typical weekday). The study concluded that the project would generate on a typical weekday approximately 1,283 daily two-way trips, with 96 trips (15 inbound, 81 outbound) produced in the AM peak hour and 118 trips (79 inbound, 39 outbound) produced in the PM peak hour. The results of the traffic analysis indicated that the proposed project will not adversely impact any of the seven key study intersections when compared to City of Rancho Cucamonga, City of Upland, and San Bernardino County Congestion Management Plan (CMP) Level of Service standards and significance traffic impact criteria. The seven key study intersections currently operate, and are projected to operate with the inclusion of project traffic, at an acceptable service level during AM and PM peak commuter hours. B. General Plan and Development Code Amendment: The Mixed Use Designation in the General Plan is neither a residential nor commercial category of the General Plan Land Use Map. In recognition of its unique classification, it is a separate category. This is obvious since the density is not assigned per parcel but on an area wide basis subject to design and land use review. Therefore, the Hillside Development criteria of the General Plan and Development Code, such as prohibiting development where slope is greater than 30 percent, were never intended to apply as uniformly as with a residentially designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes; in this case we have a20 acre fractured site surrounded by developed land. In fact, the case can be made the site has been so altered (Foothill Boulevard., A.R. Line, a water reservoir, and a water tank) with graded access roads that the site is not natural as to not even being within the intent of the Hillside density requirement of the Development Code. Also, the natural drainage courses have been subject to urban runoff for years from the developed Red Hill neighborhood to the north and therefore do not qualify as intended by the General Plan or the zoning requirements. To clarify the intent of the Hillside Requirements, text amendments to the General Plan and Development Code are contained in the attached Resolutions. J1~ PLANNING COMMISSION STAFF REPORT DRC2004-00339/DRC2004-D0352/SUBTT16605lDRC2003-D0637/DRC2005-01 061/DRC2004-00826 April 12, 2006 Page 5 C. Tract Map and Development Review: Based on Design Review Committee input, the project was re-designed to reduce the height of the buildings adjacent to Foothill Boulevard by changing from three-story to two-story, and re-oriented those structures 90 degrees. The design changes have resulted in a lower visual profile when viewed from Foothill Boulevard. This profile, combined with approximately 900 trees being planted throughout the project will substantially soften the visual impact along the Foothill Boulevard corridor. In addition, the remaining structures and pads were lowered several feet into the site topography to further reduce visual profile from the properties to the north. Photo exhibits have been provided that demonstrate the results of these design features. The project uses a craftsman architecture theme with gable style roofs, and cornices, consistent with the historic nature (Sycamore Inn) of the area. The retaining walls for the shared access and Sycamore Inn parking areas utilize river rock, which are materials that will carry this theme and visual connection with the historic Sycamore Inn. The shared entryway for the Sycamore Inn and condominium project branches off in a smooth natural transition of the area to the grand entry for the clubhouse. The secondary point of access to the west of the project will be for emergency vehicles only, but provides for a nice connection to the on-site pocket park. The site has many amenities including pool and overhead shade trellis with seating located in the recreation area, recreation center with teaching kitchen, billiard and exercise area, recreational trails with benches, spa, and built-in gas barbecues throughout the site. A shade structure gazebo is also located on the west end of the site. There is a tot lot park near the center of the proposed condominiums. The site contains trails and pedestrian connections throughout and the buildings are literally tucked into the hillside providing for a blending of the existing contours of the site. D. Variance and Minor Development Review: Parking lot, loading area modifications, and covered patio area at the Historic Sycamore Inn Restaurant, and the Variance request to reduce the parking lot setback from 45 feet minimum to 10 feet to allow improvements to the existing parking lot, are necessary to develop a shared access connection for the condominiums and the restaurant. Although the revised parking layout setback is less than the Code allows, there will be far more landscape setback area provided than currently exists on the site. In addition, the improvements will result in a complete upgrade of the landscaping and hardscape surfaces for the historic restaurant while protecting the historical resources (building and mature sycamore trees). E. Tree Removal Permit: The site contains 71 heritage trees, including Oak, Sycamore, Pepper, Elm, and a few Eucalyptus, according to the arborist report. Although the applicant proposes to remove many of the trees, hundreds of new trees will be planted as mitigation. Out of 71 heritage trees, 44 of them are located in the northwest corner of the site, and the Site Plan has been revised to minimize disturbance in this area. F. DesiQn Review Committee: The Committee reviewed the project on August 17, 2004, and requested extensive design changes. The Committee reviewed revised plans on January 31,2006, and unanimously recommended approval of the design plans. G. Technical Review Committee: The Committee reviewed and unanimously recommended approval of the design plans on January 31, 2006. Recommended conditions are contained in the appropriate attached resolutions. /'lb PLANNING COMMISSION STAFF REPORT DRC2004-00339/DRC2004-00352/SUBTT16605lDRC2003-00637/DRC2005-01 061/DRC2004-00826 April 12, 2006 Page 6 H. Environmental Assessment: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A Mitigated Negative Declaration was prepared and is recommended for certification. FACTS FOR FINDING: General Plan Amendment and Development Code Amendment: The application applies to approximately 21 acres, of land, basically an irregular configuration, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Road Right-of-Way, and is presently vacant. Said property is currently designated as Mixed Use; and Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development. Hillside Development criteria of the General Plan and Development Code were never intended to apply as uniformly as with a residential designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes; in this case we have a 20 acre fractured site surrounded by developed land. In fact, the site has been so altered (Foothill Boulevard, R.R. Line, a water reservoir, and a water tank) with graded access roads that the site is not natural as to not even being within the intent of the Hillside density requirement of the Development Code. Therefore, this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and This amendment promotes the goals and objectives of the Land Use Element by allowing for the implementation of the Mixed Use designation in this area; and In as much as an Office Commercial use allowed under the Mixed Use Designation would not be subject to the Hillside Density provisions of the General Plan and Development Code, but would allow a non-residential project of the same or more intense building mass, this amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. /71 PLANNING COMMISSION STAFF REPORT DRC2004-00339/DRC2004-003521SUBTT16605/DRC2003-D0637/DRC2005-01 061/DRC2004-00826 April 12, 2006 Page 7 Tentative Tract Map: The tentative tract map is designed in conformance with the Mixed Use Designation, and Hillside Development Regulations, as recommended for amendment; therefore, the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and The tentative tract map design and conditions of approval for improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and The tentative tract map and special studies included within the Initial Study demonstrate that the site is physically suitable for the type of development proposed; and The tentative tract map and special studies included within the Initial Study support that the design of the subdivision and demonstrate it is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and The tentative tract map is not likely to cause serious public health problems as demonstrated by the information contained within the Initial Study; and The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. Development Review: Subject to the amendment of the Hillside Provisions of the General Plan, the Mixed Use designated project has demonstrated through the plans, Initial Study, and Conditions of Approval that the proposed project is consistent with the objectives of the General Plan; and Subject to the amendment of the Hillside Provisions of the Development Code Mixed Use designated Project has demonstrated through the plans, Initial Study, and conditions of Approval that the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and That the proposed design is in compliance with each of the applicable provisions of the Mixed Use designation and Hillside Regulations as recommended for amendment in the Development Code; and The Mixed Use designed project has demonstrated through the plans, Initial Study, and conditions of approval that the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. /1<6 PLANNING COMMISSION STAFF REPORT DRC2004-00339/DRC2004-D03521SUBTT16605/DRC2003-D0637/DRC2005-01 061/DRC2004-00826 April 12, 2006 Page 8 Variance: Although the revised parking layout setback is less than the Code allows, there will be far more landscape setback area provided than currently exists on the site. In addition, the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard, therefore, the strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district since the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard. That strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district since the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district since the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard. That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity since there will be far more landscape setback area provided than currently exists on the site. In addition the improvements will result in a complete upgrade of the landscaping and hardscape surfaces for the Historic Restaurant while protecting the historical resources (Building and mature sycamore trees). NEIGHBORHOOD MEETING: A neighborhood meeting was conducted by the applicant on January 18, 2006 (Exhibit 0), and previously on February 24, 2005 (no minutes available), and on August 10, 2004 (no minutes available). CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 500-foot radius of the project site. Staff has received 12 letters from neighbors opposed to the project (Exhibit N), dating from January 30, 2004, through April 4, 2006. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the City Council for General Plan Amendment DRC2004-00339 and Development Code Amendment DRC2004-00352; and approval of Tentative Tract Map SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, and Minor Development Review DRC2004-00826 by the adoption of the attached Resolutions of Approval with Conditions. /19 PLANNING COMMISSION STAFF REPORT DRC2004-00339/DRC2004-003521SUBTT16605lDRC2003-00637/DRC2005-01 061/DRC2004-00826 April 12, 2006 Page 9 Dan Coleman Acting City Planner DC:LJH\ma Attachments: Exhibit A - Site Utilization Map Exhibit B - Conceptual Landscape Plans Exhibit C - Fire Access Plan Exhibit D - Parking Lot Demolition (Minor Development Review) Exhibit E - Precise Grading Plan (Minor Development Review) Exhibit F - Parking Lot Entrance Plan (Minor Development Review) Exhibit G - Tentative Tract Map 16605 Exhibit H - Cross Sections (SUBTT16605 and DRC2004-00826 Exhibit I - Conceptual GradinglDrainage (SUBTT16605 & DRC2004-00826) Exhibit J - Building Elevations and Floor Plans Exhibit K - Pre-Application Review Comments dated August 13, 2003 Exhibit L - Design Review Comments dated August 17, 2004 Exhibit M - Design Review Comments dated January 31, 2005 Exhibit N - Residents Letters dated January 30, 2004, through April 4, 2006 Exhibit 0 - Neighborhood Meeting Information and Meeting Minutes Exhibit P - Applicant's Response to Letters dated April 5, 2006 Exhibit Q - Initial Study Parts I and II Draft Resolution Recommending Approval of General Plan Amendment DRC2004-00339 Draft Resolution Approving General Plan Amendment DRC2004-00339 Draft Resolution Recommending Approval of Development Code Amendment DRC2004-00352 Draft Ordinance Approving Development Code Amendment DRC2004-00352 Draft Resolution Approving Tentative Tract Map SUBTT16605 . 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T ~ .th8 ..1101 ~ <Hal l II - I ,. 1.1 .~ 1 \ I I I oEl- .......00 f1}~ ~~ 0::> <00 ~O <~ O~ ~~ ~:I: 000 ~< ~~ ~E-4 """ ... '" o o VI . 0'" ",0 ",0 _<"I 1:,., IIlU ;J~ <Ill:l 00 ~ ~fI} ::> < .. E-4 ~ 'il o U ~ ~ ::> ~ = !l ~ > ~ .. E-4~: .fI}~~ · ~ 0 g co.. ~ ~ ~ o < < -5 ~ U Cl = ~ c:! ><00 ::> < I III <Iii N !Jl!! I ~JI:~ ~ i5L~if fi :J 2/1 ~ . e - housing portion along San Bernardino Road. With either plan, she felt the architecture needs to be superior. . Commissioner Stewart said that she did not care for either design as presented be they both look over built. While she commented that she did not care for auto-courts added that she could support an auto-court plan that has an appropriate amount of open . She believed that a tot lot is needed~ She proposed that some bungalows along Foot' ulevard might enhance a "Route 66" streetscape. She felt high quality landscaping is n d along the Foothill Boulevard frontage. Chainnan Macias agreed with Commissioner Ste at he was not fond of the auto court concept; however, he preferred the auto-court plan been the two designs submitted. He added that Commissioner Stewart's suggestion reg g bungalows along Foothill Boulevard had merit within the "Route 66" context. He also bel' d that both plans appear too dense and that a reduction in units might be warranted. He ded by saying that any plan needs to be pedestrian friendly and a tot lot is a must for the Brad Buller, City PI er, summarized the comments of the Commission. He stated that the plans confonn to the's multiple family density range. Further he added that single story bungalow type elements CI be appropriate along Foothill Boulevard and that such features might provide a less dense earance from the major street frontage. He advised the applicants that they could move with submittal of a Design Review application for either type of project. ***** . NEW BUSINESS B. PRE-APPLICATION REVIEW TENTATIVE TRACT MAP SUBTT1nn~ AND DEVELOPMENT REVIEW DRC2003-00637 - SYCAMORE TOWN HOMES - CHARLES JOSEPH ASSOCIATES- A Pre-Application Review to consider a conceptual design concept for the . proposed development of 86 town homes and 133 flats on 20.00 acres of land in the Western Foothill Boulevard Mixed Use Corridor area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between San Bernardino Road and Baker Avenue - APN: 0207-101-31 and 34. Brad Buller, City Planner, introduced the item and gave an overview of the Pre-Application Review process. He emphasized that the purpose of the workshop was to look at the proposed project design overall and its relationship to the surrounding area. Chuck Buquet, Charles Joseph Associates, introduced the development team and gave an overview of the project. He indicated that the project is currently going through the development process with the City, and added that there have been some revisions to the project layout that were not reflected on the plans the Commissioners received for the workshop. However, he thought the Commissioners and staff would like the new changes. He indicated that someone has done a lot of grading on the property and flattened out an area; however, they have not been able to discover who did it. Victor Mahony, Chief Financial Officer for Cameo Homes, discussed the proposed project in detail. Using photo simulations of the site for reference, he explained the project layout. He also noted that the adjacent property owner, Sycamore Inn, is in support of the project. . Gt'il ~U:nLinutes Chris Giannini, Associate Landscape Architect, added that the applicant's intention is to save as many trees on-site as possible. -2- August 13,2003 2/<6 . . . e e Commissioner Fletcher asked the developer if the project was a gated community. The developer indicted it would be. Warren Morelion, Assistant Planner, pointed out the following four key items for the Planning Commissioners to consider: 1) Development on hillside slopes 30 percent or greater; 2) Building heights exceeding 30 feet in the Hillside Overlay; 3) Architecture of the buildings; and 4) Layout of private open space and entrances. Mr. Buller, stated his concern with the proposed project as it relates to the Hillside Ordinance. He indicated that the project, as proposed, does not meet the Hillside Ordinance.. He also stated his concern with the photo simulations the applicant presented to the Commissioners because they did not appear to accurately depict the proposed development on the hillside. He noted that the existing Sycamore Inn parking lot on the east side of the restaurant would .be separated from the restaurant by the development of the Foothill Boulevard entrance to the project, but felt comfortable that .pedestrian access from the parking lot to the restaurant crossing over the project entrance can be worked out. He questioned whether it was possible to save trees with the proposed grading scheme that will mass grade the site and fill in the natural ravines. He indicated that in his conversations with the owner of the Sycamore Inn, their support for project was very conditional. He stated that cross sections and sight line analysis from the Red Hill town homes is important. Mr. Buquet said that they will submit a section through every unit on Red Hill. Mr. Giannini clarified that the only trees that the developer could possibly save were on the perimeter of the project because of the project's mass grading concept. Commissioner Stewart stated she likes the project location next to the Sycamore Inn restaurant and wants it to move forward. She also indicated that she would like the site to be designed with a village feel that included wood motif street signs and other elements. Commissioner Fletcher stated he liked the overall concept of the project; however, was concerned the misleading depiction of ~he project on the photo simulations. He asked the applicant to revise the simulations to be more reflective of the actual project proposed. Commissioner Macias echoed Commissioner Stewart and Fletcher's feelings for the project. He indicated that the project was unique. He stated, that although there could be issues with the project, he thought they could be worked out. He also thought it was important for the applicant to submit realistic photo simulations of the project so the Commissioners could get a true picture of the proposed project. He then directed the applicant to work future issues out with staff and the Sycamore Inn. Mr. Buller summarized the comments of the Commission and directed the applicant to move forward with the development process. C. PR - ICA TION REVIEW DRC2003-00733 - HOGLE IRELAND, INC. - A review of conceptua . n concept for the proposed development of 10 duplexes consisting of 20 units and 5 single-faml es on 4.20 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre) Foothill Districts (Subarea 3), located south of Foothill Boulevard, at the terminus of Hampshire evon Streets - APN: 0208-331-18. This item was continued to August 27,2003, ***** PC Adjourned Minutes -3- August 13, 2003 c:2/9 . DESIGN REVIEW COMMENTS 7:20 p.m. Larry Henderson August 17, 2004 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT SUBTT16605 - CHARLES JOSEPH ASSOCIATES - A residential subdivision of 7 lots for condominium purposes on 21 acres of land in the Western Foothill Corridor Mixed Use area of the Foothill Districts (Subarea 1), located on the north side of Foothill Boulevard, between San Bernardino Road and Baker Avenue _ APN: 0207-101-13, 31, and 34. Related files: Development Review DRC2003-00637, Minor Exception DRC2003-01082, and Tree Removal Permit DRC2004-00082. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00637 - CHARLES JOSEPH ASSOCIATES - The design review of building elevations and detailed site. plan for 225 condominiums on 21 acres of land in the Western Foothill Boulevard Mixed Use Corridor area of the Foothill Districts (Subarea 1), located on the north side of Foothill Boulevard, between San Bernardino Road and Baker Avenue - APN: 0207-101-13,31, and 34. Related files: Tentative Tract SUBTT1660S, Minor Exception DRC2003-01 082, and Tree Removal Permit DRC2004-00082. . Desian Parameters: The site is located in a hillside area on the southerly flank of Red Hill surrounding the historic Sycamore Inn Restaurant. The site contains 71 heritage trees. To the north are the Red Hill Condominiums (Medium Residential 8-14 dwelling unit per acre). To the west is the Sycamore Inn, vacant land, and single-family homes. To the east is the elevated and abandoned Pacific Electric Railway corridor. To the south is Foothill Boulevard, and further south, Knocker's bar, and an automotive repair shop. The properties to the west are Mixed-Use (MU) land use, and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the medium density residential development. The most significant design challenge is the steep topography, in which 34 percent of the site is greater than 30 percent slope. Development on land with over 30 percent slopes requires both Development Code and General Plan Amendments. The proposed project must also be designed in accordance with the City of Rancho Cucamonga Development Code, Chapter 17.32, Foothill Boulevard Districts, Guidelines for Development of Subarea 1. The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). An Historical Assessment of the project site was conducted by Stephen R. Van wormer in May 1990, and revealed the following: four historic resources were identified as a result of research and field survey and include: 1) the Cucamonga Stage station site, 2) the Sycamore Inn, 3) the Red Chief Motel (recently demolished), and 4) the San Bernardino Museum Archaeological Information has noted the presence of two previously recorded historic bridges (CHS-1786-1 and CHS-1786-6) as well as the old Los Angeles .to San Bernardino road route (PS-BR-3-H) adjacent to the project boundaries. These resources are outside the project area and will not be impacted. It is noted that the Sycamore Inn site is affected from a site-specific impact, since the main access to the residential project is through the parking lot. Careful attention to the current restaurant needs of the Inn must be considered with the residential design so that the economic viability of this unique historical resource is not adversely affected. . Pre-Application Review: The Planning Commission conducted a workshop on August 13, 2003 (see attached minutes). Staff identified four major issues: 1) development on hillside slopes 30 percent or greater contrary to the Hillside Development Ordinance, 2) building heights exceeding 30 feet maximum allowed in Hillside areas, 3) architecture, and 4) private open spaces and entrances. The Commissioners (Macias, Fletcher, Stewart) liked the overall concept and provided direction to applicant. . 6~rl/~,r L 22.6 . DRC ACTION COMMENTS SUBTT16605 AND DRC2004-00637 - CHARLES JOSEPH ASSOCIATES August 17,2004 Page 2 . Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus of Committee discussion regarding this project: 1. View Protection - As an infill, hillside site, consideration and sensitivity to protection of neighbors' views is critical. The applicant has provided sight-line sections through each adjoining Red Hill Condominium unit. The developer was asked to conduct a neighborhood meeting to obtain community input prior to this meeting. 2. Architecture - The Community Recreation Building is well articulated with a high degree of materials and definite 360-degree architecture policy compliance. However, the multi-family buildings are not on the same level of architectural development and lack sufficient articulation of the building planes for the ends and rear. Because of the relative large massing of the residential structures, additional movement of the building planes is recommended. In addition, the stacked stone should be an element that is utilized on all sides of the proposed residential architecture. . 3. Building Height - On the downhill side, the buildings are 3-story, which exceeds the 30-foot hillside building envelope. The Ordinance encourages stepping building. The applicant is requesting a Development Code Amendment to resolve this issue; however, the Committee should still discuss whether the upper floors should be stepped back more than the 2 to 3 feet proposed to soften the height impact. . 4. Tree Preservation - The site contains 71 heritage trees on-site, including Oak, Sycamore, Pepper, Elm, and a few Eucalyptus trees. The City tree ordinance, which states, "The Eucalyptus, Palm, Oak, Sycamore, Pine, and other trees growing within the City of Rancho Cucamonga are a natural aesthetic resource which helps define the character of the city. Such trees are worthy of protection in order to preserve the scenic beauty, prevent soil erosion, provide shade, wind protection, screening and counteract air pollution." An Arborist Report (David Evans and Associates, September 2003) identified the existing conditions of the trees and reported on their type and general health (predominately focusing on Sycamores, Oaks, and Ornamentals). Pertaining to sycamore trees, if drainage is altered, it may affect the amount of water that the sycamores receive. The trees could be adversely effected if they were to receive significantly less water than they have received historically. Should this be, the developer should be required to replace the lost water with an irrigation system. In addition, it is recommended that grading be prohibited with the drip line of trees, which are to be protected in place. Also, it is recommended that the drainage source or proposed irrigation be designed in such a manner that additional moisture is not encouraged at the base of a tree trunk or allowed to collect immediately adjacent to the tree truck, as this can cause rot. There are 44 heritage trees are located in the northwest corner of the site. This is an area that has been revised by the applicant, since the Pre-Application Review, to reduce the number of buildings from three to two and shifted the on-site driveway to the west. The arborist recommended preservation of 35 on-site trees. The developer is proposing to save 25 on-site trees; however, 10 of these are not those recommended by arborist. Preservation of all 35 trees recommended by arborist would require major site plan revisions. Further, based upon the Arborist Report, staff believes that the proposed improvements would cause the demise of four trees the developer has proposed to save: Tree #s 39, 43, 45, and 59. The Tree Preservation Ordinance establishes the following priorities: 1) preserve-in-place healthy trees, 2) if trees cannot be preserved-in-place, then transplant elsewhere on-site, and as a last resort, 3) remove and replace with largest nursery grown stock available. The developer is proposing to plant hundreds of new trees, ranging from 15-gallon up to 36-inch box. 22/ . . . DRC ACTION COMMENTS SUBTT16605 AND DRC2004-00637 - CHARLES JOSEPH ASSOCIATES August 17,2004 Page 3 Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. Recreation Amenities - The project requires a minimum of five amenities; however, only three qualifying amenities have been provided. Most of the items proposed do not qualify under Rancho Cucamonga Municipal Code Section 17.08.040.H: gazebos, trellis, and individual rooms within the Recreation Building (kitchen, billiards, exercise). Only one BBO facility at the pool is shown; hence, does not meet the requirement for more than one. Also, staff recommends that a tot lot be provided for children (to qualify, multiple tot lots are required). 2. Architecture - The remote garages and trash enclosures are plain in comparison to all the other buildings, with stucco being the sole wall surface material. The incorporation of the stacked stone would create an integrated appearance to the overall project. 3. Architecture - Vary garage door designs. 4. Grading -In at least three locations near on-site driveways or parking lot, 5-foot retaining walls are proposed which exceeds the 3.5 feet (downslope) and 4 feet (upslope) allowed under Hillside Development Ordinance. The applicant is requesting a Development Code Amendment to resolve this issue. 5. Grading - "Brow ditches," "bench drains," and cross and down drains are a prominent feature of this project. The Hillside Development Ordinance requires special "naturalized appearance" with river rock as a liner or within a closed drainage pipe. 6. A mailbox center should be incorporated into the recreation building or designed as a stand alone structure designed in keeping with the architectural style and materials of the complex. Staff Recommendation: Staff recommends that the applicant re-design and re-submit the project based on staff and Committee comments as appropriate. Desiqn Review Committee Action: Members Present: Fletcher, Fong, Stewart Staff Planner: Larry Henderson The Committee directed the applicant to work with staff to resolve the following critical design areas and return to the Committee for further review of the revised plans: 1. The height and mass of the buildings needs to be reduced. Increasing the height of retaining walls and greater variation in building and roof planes is required. 2. The amenities package is not adequate and a tot lot needs to be added as well as spreading out the amenities to a greater level and making the main recreation area more centralized to all the units. 3. The Sycamore Inn entry area is not acceptable and must be safe as well as workable for the operation of the Inn. 4. Greater definition and planning for Heritage Tree preservation needs to be addressed. 212 DESIGN REVIEW COMMENTS 8:10 p.m. Larry Henderson January 31,2006 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT SUBTT16605 - CHARLES JOSEPH ASSOCIATES - A residential subdivision of 8 lots for condominium purposes on 21 acres of land in the western Foothill Corridor Mixed Use area within the Foothill districts (Subarea 1), located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Road Right Way - APN: 0207-101-13,01 and 34. Related files: Development Review DRC2003-00637, Development Code Amendment DRC2004-00352, General Plan Amendment DRC2004-00339, and Tree Removal Permit DRC2004-00082. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00637 - CHARLES JOSEPH ASSOCIATES - The design review of building elevations and detailed site plan for 206 condominiums on 21 acres of land in the western Foothill Boulevard Mixed Use Corridor area within the Foothill Districts (Subarea 1), located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Road Right Way - APN: 0207-101-13, 31 and 34. Related files: Tentative Tract SUBTT16605, Development Code Amendment DRC2004-00352, General Plan Amendment DRC2004-00339, and Tree Removal Permit DRC2004-00082. MINOR DEVELOPMENT REVIEW DRC2004-00826 - CHARLES JOSEPH ASSOCIATES - Parking lot, loading area modifications, and covered patio area at the Historic Sycamore Inn Restaurant, located at 8318 Foothill Boulevard - APN: 0207 -101-24. Related files: Variance DRC2005-01061, Tentative Tract SUBTT16605, and Development Review DRC2003-00637. Variance DRC2005-01061 - CHARLES JOSEPH ASSOCIATES - Variance request to reduce the parking lot setback from 45 feet minimum to 10 feet to allow improvements to an existing parking lot for the Sycamore Inn Restaurant on property located on the north side of Foothill Boulevard at the intersection of San Bernardino Road - APN: 0207 -101-24. Related files: Minor Development Review DRC2004-00826. Desiqn Parameters: The site is located in a hillside area on the southerly flank of Red Hill surrounding the historic Sycamore Inn Restaurant. The site contains 71 heritage trees. To the north is Medium Residential (8-14 dwelling units per acre) and is developed with the Red Hill Condominiums; to the west is the Sycamore Inn, vacant land, and single-family homes; to the east is the elevated and abandoned Pacific Electric Railway corridor; and to the south is Foothill Boulevard, and further south, Knocker's bar and an automotive repair shop. The properties to the west are Mixed-Use (MU) land use, with Office/Commercial to the southwest. Red Hill Country Club Drive, and beyond the Red Hill Golf course, is located northwest of the project site, adjacent to the medium density residential development. The most significant design challenge is the steep topography, of which 34 percent of the site is greater than 30 percent slope. Development on land with over 30 percent slopes requires both Development Code and General Plan Amendments. The proposed project must also be designed in accordance with the City of Rancho Cucamonga Development Code, Chapter 17.32, Foothill Boulevard Districts, Guidelines for Development of Subarea 1. 8tH/tOrr 11 :223 DRC ACTION AGENDA SUBTT16605/DRC2003-00637, -00826, AND -01061 - CHARLES JOSEPH ASSOCIATES January 31,2006 Page 2 The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). An Historical Assessment of the project site was conducted by Stephen R. Van Wormer in May 1990, and revealed that four historic resources were identified as a result of research and field survey and include: 1 ) the Cucamonga Stage station site, 2) the Sycamore Inn, 3) the Red Chief Motel (recently demolished), and 4) the presence of two previously recorded historic bridges (CHS-1786-1and CHS-1786-6), as noted by the San Bernardino Museum Archaeological Information, as well as the old Los Angeles to San Bernardino Road route (PS-BR-3-H) adjacent to the project boundaries. These resources are outside the project area and will not be impacted. It is noted that the Sycamore Inn site is affected from a site-specific impact, since the main access to the residential project is through the parking lot. Careful attention to the current restaurant needs of the Inn must be considered with the residential design so that the economic viability of this unique historical resource is not adversely affected. Pre-Application Review: The Planning Commission conducted a workshop on August 13, 2003 (see attached minutes). Staff identified four major issues: 1) development on hillside slopes 30 percent or greater is contrary to the Hillside Development Ordinance, 2) building heights exceeding 30 feet maximum allowed in Hillside areas, 3) architecture, and 4) private open spaces and entrances~ The Commissioners (Macias, Fletcher, Stewart) liked the overall concept and provided direction to the applicant. Desiqn Review Committee: The Committee reviewed the project on August 17, 2004, (Fletcher, Stewart, Fong). See attached minutes. Staff Comments: Staff has met with the applicant on many occasions since the previous meeting and the following changes have been made: 1 . The project was re-designed to reduce the height of the buildings adjacent to Foothill Boulevard by changing from three-story to two-story, and reoriented those structures 90 degrees. In addition, the remaining structures and pads were lowered several feet into the site topography to further reduce visual impacts. The changes also resulted in reducing the number of units from to 225 to 206. 2. The project has added a tot lot and barbeque area to the center and east end of the project, . respectively, in order to address the amenities package the Committee recommendation. The applicant respectfully declined to move the main recreation area to a more central location. 3. The Sycamore Inn entry area concerns have been addressed through revisions to the related Minor Development Review DRC2004-00826. The historic Sycamore Inn parking lot has been included as part of the project application package and a Variance Application has also been filed as required as part of the MDR for less than the required street setback. 4. The applicant has submitted a revised Tree Study from David Evans and Associates, Inc., dated February 2005 (included with plans). As indicated by the submitted Landscape Plan (see Sheets L-1 and L-2) the changes to the Condominium and Restaurant Site Plans have further reduced the number of heritage trees that are affected (to be removed). :21tf DRC ACTION AGENDA SUBTT16605/DRC2003-00637, -00826, AND -01061 - CHARLES JOSEPH ASSOCIATES January 31,2006 Page 3 Staff Recommendation: Staff recommends approval subject to Committee comments as appropriate. Attachments DesiQn Review Committee Action: Members Present: Fletcher, Stewart, Coleman Staff Planner: Larry Henderson The applicant presented colored plans and a written statement responding to all staff comments. The Committee recommended approval of the project. ;Z2S /l. 'J ./- . ..:- "'.... , fIJ 01= RANCHO CUC;"'\AO~. January 30, 2004 CITY OF RANCHO CUCAMONGA ^r_.I.,~,I~r~~ ~,7'!"''\' Rancho Cucamonga City Council 10500 Civic Center Drive Rancho Cucamonga, CA 91729 FEB 0 4 200~ RECEIVED. PLANNING FEB 0 2 2004 7 8 Q 1 r~ "i i 1 c:. ! ,L,3...,b,t, . 'j .1aJ ~ I v, . , Dear City Council: There are signs posted on Red Hill Country Drive across from the golf course and I believe on Foothill around the Sycamore Inn regarding Notice of Filing. We are very much against the condos and homes. The City has already taken Foothill and made it a very unfriendly highway by making it a divided highway, When driving eastbound, it is almost impossible to turn into a business on the north side without traveling a long distance to a signal and then waiting forever to make a V-turn and, of course, the same is true when traveling westbound and wanting to shop at business on the south side, The area in question is the north side of Foothill, west of the Cucamonga Channel. There are already signals at Grove, San Bernardino Road at Sycamore Inn, Baker, for the new residential area on the south side of Foothill, and at Vineyard. More housing on the north side will create more traffic problems because there will be vehicles coming from both the north and south sides of Foothill. Because of the congestion on Foothill between Grove and Vineyard, people are already traveling over Red Hill to avoid the traffic. Citizens have called the police to have them monitor the traffic on Red Hill, but nothing has been done. City is allowing a new multi-dwelling on the west side of Vineyard, south of Foothill and a shopping center. The Albertson shopping center has already created traffic problems in the area and now you want to create more traffic problems around the comer, The City has also allowed more housing on the west side of Carnelian, north of Red Hill Country Club Drive, This is already a very dangerous area and has caused yet another signal to be installed-creating three signals between Foothill and Baseline. Because of the opening of the 210 Freeway, we have a lot more industrial trucks traveling up and down Carnelian which the street does not seem to be built to handle the excessive weight of these trucks. We hope the Council will not allow the development. This is such a historic area it should be left alone, Sincerely, ~~ ~J~\~ Charles and Lynda Teenor 8731 Red Hill Country Club Drive Cucamonga, CA 91730 6HI/?Irr tI 22.(, DaLe Et Barbara Price 8066 CaLLe Carabe PLace Rancho Cucamonga, Ca. 91730 August 27, 2004 The City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca. 91730 Attn: Mr. Brad Buller Ref: Cameo Homes Proposed Sycamore Villas The above proposed development has made a lot of people extremely unhappy. The residents of Red Hill On- The-Green as weLL as the residents of Red Hill proper have chosen to live in that area precisely because of the location: the serenity of the area, the abundance of critters and the ambiance of a generation long-forgotten. The proposed project will negatively impact both Red Hill and the adjacent Rancho Cucamonga areas in numerous ways: 7 Create traffic problems - on Red Hill Country Club Dr as well as on Foothill Blvd. 7 Land movement - potential storm drainage problems, land slide and fire hazards 7 Development has inadequate parking/garage - vehicles most likely left on the street 7 Pool/Rec Room (for 200+ units and families) is located directly below Red-Hill-On-The- Green which translates into an unbearable noise traveling "upwind". The sheriff's department might as well rent a unit on site. 7 Project will negatively impact the value of the surrounding area. 7 Overcrowd existing schools Purchasing a home is probably the single largest financial decision that many of us will make. Most of us, at least partly, base this decision on the rural character of the area. We have been residents in Rancho Cucamonga for over twenty-five years. While it would be naive to think that the area would never be developed, we certainly hoped the dty would preserve the existing character and not compromise the integrity of the history of our dty. In 2001 the City of Rancho Cucamonga Planning Department posted their General Plan. This PLan was based on a long-term vision of the community, identifying values and qualities that will guide the evolution over the next 20 years. These values and qualities included the following: A belief in our families and the need to promote their well-being; An abiding respect for the heritage we share. An unusually strong dedication to community planning. It is in the spirit of the City's intent that we strongly oppose the proposed Sycamore Villa Development. Sincerely, Dale & Barbara Price bep :227 (' \T\' IT \~; i.- . \.). , . I. t' ". ' ::-, . \.~ l ".~ ;.. . City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA., 91730 :<i'J' 0 ~ 200h Attn: Planning Dept ! -..{ ;\1 ~ \1 (~ Re: Sycamore Villas Gentlemen, I can't believe this ill conceived project has surfaced once again. I can't think of a single advantage of having such a project in Rancho Cucamonga. 1'd like to list a few key objections: 1) Extremely high density as compared to any nearby projects. This can only reduce property values. 2) Insufficient parking. Our condominium homes (Red Hill) have two and three car garages. This project will create widespread parking problems and blocked access roads. 3) Twohundredsix (206) units with one swimming pool! This is going to create a health hazard of untold proportions. 4) "Young Professionals?" This project looks like entry level housing to me and will lead to slum or ghetto conditions in a short time. 5) Just recently we experienced severe mud-slide situations all over Southern California. Any heavy dirt movement is sure to cause some real problems to the existing homes as well as any new buildings. 6) The developers call this a high-end project, yet most of the units are under 1,000 square feet of living space. This isn't even apartment sized. 7) The increased traffic dumped onto Foothill Blvd will cause even more gridlock 8) The emergency entry/exit on Red Hill Country Club right in the middle of a curve is extremely dangerous. 9) Overall this project degrades what our city is all about. I sincerely hope that our city planners come to their senses and remove this project for the books. Sincerely, 4!1~~~ B!t~CZ 8485 Red Hill Country Club Dr. Rancho Cucamonga 2J.~ C; fT v C r- r { r.. . . :: : r 8082 Calle Carabe Place Rancho Cucamonga, CA 91730 February 28, 2005 ~,ji t. ~. C; J ..;."';1>,;--' LUtr-~ .: :'\1(;; City of Rancho Cucamonga Planning Department Attention: Mr. Larry Henderson 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Proposed Sycamore Villas Project Dear Mr. Henderson and Members of the Rancho Cucamonga Planning Department: We attended the recent meeting regarding The Sycamore Villas and have some very serious issues which need to be resolved. Therefore, we were very disappointed to discover, by Mr. Buquet losing his temper, that the property is theirs already and they can do as they want as long as codes are followed. Frankly, they must be very confident that this project will be approved by Rancho Cucamonga's Planning Department. That's a red flag in our book! The Police have been called out numerous times in our area due to the noise and music at the "Strawberry Patch." It is located quite a bit farther away than the proposed Recreation Room and Pool Area. The high density will produce a lot of noise at all hours which will travel up the Gulch and hill and affect nearly everyone in our Red Hill Green Association. It definitely will be considered a nuisance call which will keep our Police from more important duties. We felt we were not told all the truth about the so-called emergency entrance/exit on Red Hill Dr. People exiting or entering from this road will create even more hazardous conditions on Red Hill Dr. and the other roads on this hill. At first we were told that only emergency vehicles would use this road but at this meeting Mr. Buquet said that maybe just for the first year that would be the case. Another red flag is up! As far as we can tell, the builder and people associated with this group are in for the money and then they will move on and we are left with the noise, view changes in some instances, and traffic affecting our so-far wonderful quality of life. The city of Rancho Cucamonga must be diligent in order to insure quality of life to all of it's citizens and voters. We urge you to address these issues before approving any of this project. Sincerely, "--7 .~ . /) l"~ I q /77-1/0.- "-<- '~t/ ,-<<f)/,.-" / \>rL/ ----L:V: {J i /(. /'2..... Ken and Helen Brown cc: Brad Buller, City Planner cc: Rancho Cucamonga Sheriff Station cc: Charles Joseph Associates ~21 CIT-Y ;"'F ~'r.,:r'.._:.", ;' ,;,"\u,rd0A .. U. r~r\l'vu: ;'_.' ,.,e) _ ,,;,,\\..I!~\.J MAR 0 1 2005 c~. f: r' ~...-~. !\lNING Dear Sirs, The peace, safety, and value of our homes will be significantly threatened by the proposed Cameo Homes "Sycamore Villas" project - a 206 unit project located on 20 acres at the NWC of baker and Foothill Blvd. In Rancho Cucamonga. These very high-density apartment-like structures will degrade the value of our homes on the hill above the proposed site. The grading required to develop this site may create serious instability of our hillside. The many rodents that now inhabit the proposed site when they are forced to migrate up the hill will infest our homes. The construction will produce a high- decibel noise from 6:30 AM to 8:00 PM, six days a week for a period of one to two years. The possibility of egress on to Red Hill C.C. Drive will create unreasonable traffic congestion. Respectfully, . (?*~~~~~- Robert Fromer ;<30 Dale & Barbara Price 8066 Calle Carabe Place Rancho Cucamonga, Ca. 91730 CITY CiF . (-;r February 28, 2005 ",f;ltY,' (v"', 1 ?!in!:; f d' ....uv~~ ~ i\'!r\~G. The City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca. 91730 Attention: Mr. Brad Muller Reference: Proposed Sycamore Villa Project / Cameo Homes Gentlemen: Attached is a copy of our original letter to you dated 8/27/04 in which we vehemently objected and opposed the above proposed project. Progress, growth and prosperity seeming to be the city's main priorities - it appears this development is "moving forward" . We were told there would be an "emergency exit" directly onto Red Hill Country Club Drive - now we understand this has now been designated as one of the complex's main entrance and exits. This is not only imvossible - for a rural two-lane road to accommodate what will be approximately 400 vehicles intersecting with an already busy, noisy road - it is danflerous!! (And what other surprises do the builder and the city have in store for us?) You have received letters of opposition from numerous existing homeowners in the Red Hill area opposing, complaining and imploring the city to reconsider this project. Does the community have a voice? Is anyone listening??? The City of Rancho Cucamonga is renowned for their stringent building codes and the high standards that must be met before permits are issued. How is it possible that something like this is even being considered? How can the city compromise everything that has made Rancho Cucamonga so unique? This project will lower existing property values, agitate existing homeowners (and current tax-payers) and destroy the beauty of an historical area. It will be like living in Fontana or San Bernardino - which should make anyone wince. PLEASE - do sgmethinfl to stop this development!! \:COf~lY, ^ .?-, n 0 p V~~\~ Dale and Barbara Price Bep. :l3/ C I-y L', F r I ! ',~ ::' .-! i ~', I' ':' i \ l:(" {::. \ IlIhi\'.!II,-,,",,<c.,,-,,,..I,\!1,. t~~,R 0 1 2005 j.... !t'-.--' ,,,. 1'[\18 . 'I'!' . ,";. . '- i! : Melvin H. Dieterich 8525 Calle Carabe Rancho Cucamonga, CA 71730 February 28, 2005 The City of Rancho Cucamonga 10500 Civic Center Drive P. O. Box 807 Rancho Cucamonga, CA 91729 Red Hill area residents recently attended a second Communi ty Meeting held by the promoters of the "Sycamore Villas II Condominium Project. We wish to have our concerns voiced at the Design Review Committee meeting to be held on March 1, 2005. Although the builders have modified plans to somewhat address our concerns, it has done nothing to alleviate the major problems the residents and the city will face if this project is allowed to proceed as currently designed. The Planning Commission has received dozens of letters protesting this project with legitimate concerns and yet we feel our voices have fallen on deaf ears. It hardly seems unreasonable to expect our city officials to have a dialogue with affected residents. The "Sycamore Villasll project calls for 206 units of two and three story buildings on approximately 20 or so acres. Al though the densi ty may well be wi thin the requirements for such a project, that doesn't make it right or good for this area. I am on the Board of Directors at the Red Hill Green Condominiums and am well acquainted with problems facing complexes such as this. The promoters stated that studies and their II demographics " have indicated that this project would be geared to attract "young professionals. "That may be well and good, but the fact remains that anyone that comes in with money will not be turned away, and that means investors will look at this as an attractive buy for income property. I have been an investor in real estate for over twenty years and I speak from experience. We at Red Hill Green are also faced with this problem within our own complex and it is of great concern to us. The Board cannot dictate to an owner to whom he may sell his property. The proposed price range of the "Sycamore Villas" puts it pretty much at the entry level housing market and that I s exactly what the buildings resemble. This will definitely not benefit the property values in the Red Hill area. The promoters have insisted that this is a "high-end" complex and we take serious issue with that. Units start at less than 1000 square feet. The largest unit at the IISycamore Villas" comes in less than that of the SMALLEST unit at Red Hi 11 Green. These are not condominiums - they are apartments. :2~2 One swimming pool is proposed for "Sycamore Villas" with 206 units which is, frankly, a joke. Red Hill Green has two swimming pools for only 74 units and I can assure you that two pools is not sufficient. And our residents are made up mostly of retirees - not "young professionals." How could one pool possibly serve 206 units? The number of units proposed with its single point of entry would further add to the congestion on Foothill Boulevard. With 206 uni ts, we believe that an additional 400 vehicles will be added to that congestion. The promoters dispute that. It's a fact that two and three car families are the norm - not the exception. If your project supposedly caters to "young professionals," then young professional couples have a car each. You cannot have the argument both ways. Addi tional projects currently under way all along Foothill Boulevard add to the traffic problem. Has any impact study been performed to assess this? The proposed emergency ingress/egress planned for Red Hill Country Club Drive is nothing but a disaster waiting to happen. The street is already an extremely dangerous area. Why would we want to make this situation worse? This "high-end" project shows units with one car garages and remote garages wi th insufficient additional parking. (EVERYONE at Red Hill Green has a THREE car garage and most have driveways.) The units at the complex at the southeast corner of Foothill and Baker, "Vintage Townhomes," have one car garages. Talking to residents there, I learned that garages are used mostly for storage and cars are left outside. Parking is grossly inadequate and visitors often have to park outside on public streets. Is not the same problem going to occur at the "Sycamore Villas?" What these issues boil down to is quality of life issues. We don't need additional congestion, noise, declining property values or our safety compromised. The promoters have pretty much managed to gloss over these problems. We feel that the Planning Commission should be more concerned with the quality of life of everyone concerned, not just those of us who live here now, but those who might wish to make Rancho Cucamonga their home. Red Hill has long been a desirable and unique area. We would be much more inclined to accept ~ project of really high end single family homes. The attendant problems and strain on city services would be considerably reduced with such a project as opposed to the "Sycamore Villas." We urge the Planning Commission to reject the "Sycamore Villas" project outright, or, for now, at least, postpone approval until consideration of this al ternative be addressed along wi th an in depth study of the concerns herein put forth. Thank you. ~;AJ D4~ Melvin H. Dieterich :233 FROM : DAVIDSON PHONE NO. t1ar. 122 22105 i:?: 0:~AIY Pi .~~ d-.. <0 \ d-.C)Q~ ."' ,~; F RA:<:; ~~ ,~,..' ...~.; ~_: : .L_ ~-i{'~ 2 ri~ G.A ("lAR 0 1 2005 Tr',",,'_ \i\~ tl\~~ .'",,\,,;\,y, To Whom it may concern; These are our concerns about the proposed 206 unit Condominium Carmo :101] les "SycamOTe Villas" at the NWC of Baker and Foothill Blvd. in Rancho CUC:Ul).c nga. 1. Traffic pattern and safetr. Access is only across one end of the project. IffH~'.f: Vjere a fire on that on the one and only road, which connects from Foothill to R;~d HDI Country Club Road-the residents would be trapped! 2. Public seyvices for notice. fire department, mail services, and trash ~;i~rvice:~ wou Id be increased 3. There will be a need for new schools/class room space -_children ne: fLUC"IV~d_ c~ they have the right to a decent public school system. 4. Dust during construction ($Orne local people have asthma). S. Noise 6. InCrease in consumption of scarce and/or costly resources such as '":i~~:J! ~!tridy,. and eas 7. Strain on sewer system and probable need for more treatment plarm; Allof the above items affect the quality of life and health! We strongly olUell:i; ';0 tb; size and plan of the condominium project Annette Davidson t ....~G~~ Richard A Davidson ~~ 8077 Calle Carabe Place Rancho Cucamonga ;23tf -~~ March 7, 2005 ClTY OF RANCHO CUCAMONGA City of Rancho Cucamonga Planning Department P.O. Box 807 Rancho Cucamonga, CA 91729 Attn: Mr. Brad Buller MAR 1 7 2005 RECEIVED - PLANNtNG Dear Mr. Buller, As a Red Hill resident, I am most concerned about the Cameo Homes Development. I attended the February 25th meeting at the Sycamore Inn, but the discussion there did not satisfactorily address these considerations: Safety: The 200+ homes will add traffic that will severely impact our area. The elementary school children in these homes are within walking distance of Valle Vista School, but there is no safe walking route. The only access road from Foothill Boulevard, Red Hill Country Club Drive, isa two lane road, no sidewalks 'and has two blind curves. In fact, all of the roads in our community are two lane, narrow and the only ones with sidewalks are in the Red Hill Greens project and the area just below Valle Vista School. Traffic: Red Hill is a golf-oriented area and golf carts are legal on many roads. The addition of extra cars, narrow roads, and alternate driving patterns would create additional hazards. Also, the traffic impact on Foothill Boulevard is a concern. CarnelianNineyard Avenue is a direct route linking the 210 and 10 freeways and San Antonio Community Hospital is two miles away. We live above the exact area of the development, Vineyard to Baker to Grove, and nightly we observe accidents requiring police cards, fire trucks and ambulances. Flood Control: Cameo Homes proposes to move existing flood drainage servicing the Red Hill Greens area and remove existing watershed. In the wake of recent flood damage in surrounding areas, it seems an imprudent plan that would open the city to lawsuits, should problems occur. To allow a development of this magnitude to continue could be a blueprint for disaster, not just creating safety hazards for the residents of the surrounding area, but also causing a multitude of problems for the new, and often unaware, homebuyers. We urge the Planning Commission to seriously consider our concerns before granting permission for this project as it is currently designed. . ~ /11 Mc-5 ~~ Donn and Shirley O'Morrow ;2.35 'llY " 'r . .Q.f!o'..... i' "I '. "" ,.il_ L! I \ " ~r--I" ; I,' t.. -' . t!', '_1 r March 18, 2005 '.' ~1H' n . , ';'""NG4J., '. (' MtlR 21~5 -- __. _~ :.'~ (', ,,,", f I t.-... (... . Subject: Cameo Homes Project - Sycamore Villas 'Nl~\'r':~)~G NWC of Baker & Foothill City of Rancho Cucamonga Planning Commission As owner and occupant of a townhouse at the southeast corner of Baker and Foothill, I wish to express my opposition to subject project. My principle objection is the high density of this project, which I understand will accommodate 206 one and two bedroom units in an area of rough terrain. I also understand that the buildings housing these units will be two and three stories and that many of the units will have remote uncovered parking accommodations. The parking situation in my complex, Vintage Townhomes, is bad enough. With insufficient attached covered parking we have the continued problem of space availability for visitors. I feel that the proposed project only increases the problems of insufficient attached parking garages, induding the increase in the density of the units. I appreciate the right of a property owner to develop his property but this right must be balanced by the rights of others to enjoy the use of their properties without the traffic and other problems created by high density developmen ts. Thank you for your consieration of these comments. Sin.cerelY, , '. \\ )......-. r.o .--..\, ..-.' \ . (;i' " \ ,j \' \ \ \ . -~- . .., ' ~'J ^ n.... \~",-,-,~\1 ~ \' ..:;.~l....:~-. .........,. Donald M Stevenson 8284 Chappellet Place Rancho Cucamonga, CA 91730 2$t CITY OF RANCHO CUCAMONGA City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA., 91730 MAR 20 2005 Attn: Planning Commission RECEIVED. PLANNING Re: Charles Joseph Associates Project Gentlemen, As residents of Red Hill Country Club Green for 31 years, we are concerned about the proposed project below our property. Over the years there have been serious problems with flooding waters running off our property to the slopes below and onto Foothill Boulevard. The cutting and removal of any earth in this location will cause irreparable damage to the slopes and will surely undermine the foundations of the condo's above, which could cause severe damage not only to the units but risk injury or death to the homeowners. We strongly hope the City Planning Commission will reject this poorly conceived project. Sincerely, ,.. ~ ~/ 1! '.' , ., 1"'-"'\ ." / BJ'1~tgJil/)J . Burt Court , i ',.;>/! L-c~c' ! Nancy C~urt j //} . ,I-- C cU/'l/I 8485 Red Hill Country Club Drive Rancho Cucamonga, CA., 91730 2&1 P t... A fJ tJ uJ G- CitY' of (J {V 15 i 0 kJ RA IJCHQ 60CFllt1oiVG-A 8...C)OQ CAl...LE CARABE RA tJ CHO Q()CA MOu;!'f:1; CA C( 1730 ('1o'lJ '13 i - o6S-s- ft PR i i-. '-i I 200 b ~,,~ . c,'0C~~\C) ~C~\J ~ fjr ~~ ~~ .fJr=:V~l-6 ~~1Eklr ~\\ ~ ~ t~ ~ ~. f\.\\~\~ ..\,\..1"' ~t..C'f;.~'f;.\) RS.; PROPOSEP SYC AMOrvE ' V ii...,-aS GEtJTL.E M(::tJ · A,'5' A HDYv1E'OW#JER vv'H~E P~OflERTY ABOT-S THE PR6fOSP"O OEVS:i--DPf"1~lJT) I HAllE SEVERAL-.. fV1RJOA C01Jc.~~fJS nOOOT "THiS pROJECT WHicH fiRE HiG-HLIG-HTE"I) ItJ -THE. r::OLL. OW 110 G- PARtlGRtiP>H.5 I G-t=lJ~RRL-.. Pl-fHJ AMEtJDfV1GtJ"T DRC 2.ooy- 0033Cj Oe:Ul$l...6PflIlE'"IJT CODE AIVlEt(J{)MSIJT DRC. cooLj- D03SZ- HoW CArJ -rHE CITY' OF Rf}fJCJ-IO C.UCAMCIJG-A ~ueslJ StsRiOUSL\i COtJ.S(DER. Ai-LO'VVil0G- A Hj~H- OE/J$l"TY Lzo6 ()#Jjt:S uW 2.; AC.RbS)j fL1ul-TIPi...E-STO~Y DEU~i..-DPrvtEIJT O/-J J-.AfJD YVH/cH C6k.lTAltJS A 30 PERcs-kJT SlDPE? ~\/E l-I!1UE HAD S~UERAL 1t0S"'-AtJC~ of ..s~OPE$ G-IUuJG- WRY" OJ OOR OWN OEU E l-..O f' (\,1 E t\JT R W A c.E IJT .TD THE SU 8J ~C.T PRo PElX,V. 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PROBt...E"t\15 I H(HJE fV1EIJTIOkJE'O ABOVE) C.OOPlED WI'TH THE AIR AtJO I\)OI-SE POLLOT/OIJ CREItT~D B~' THIS HIG-H- .o6t-JsI,y -PEUEl-OPf\ltf;;#JT) WiLL G-REII-Ti-Y DS:GRAnE TH~ (\)UAlI"TY OF="" J....tFE" FGRTHOSE DF US t...iUIIJG- I(\J -rHE SORF<OOI0CJitJe. AREA. I 0RG-E TIlE Pt.f)l0tViftJG- COfVIfl1/.5SIO/'J TO. DENV THE' ~6QvE'STED GEtJIS'RAL.. PJ..AIJ fllJD DEUEt...()PM~J.rr CODE: AME#JDMElJrs (is WE'LL flS 'THE". NEGR,IUE (JSCLA~AT70'AJS) tJ~c.~snRY ) "TO OLL..OW THIS PRDpOSEf) OS\JEL.OPf\1~1JT 'TO fl1DUf;: F"()~WARf) .. THAIJi< you FOR youR Tlf\IIS rnJO A..-rFIJTtOtJ, s i tJc.El~E 1- Y j 4Ju~/ .~ H~URY L... If Hn UK" <STOY cc ~ NI AYOR 81 LL AJ..(:;XA~{)ER IVl R VDR PRO TE" M D /fHJE: WilLI A Ms COl1tJdtLMP'MBE"R Rr;x GuTI 6:'RRE Z COOk)C.\Lt'\1j;"MBf"R ()E~fJ tS' fVI leHflE'/.... COUtJCit...M~M6~R SRM SPFKJ.~o h.O 2J9 Charles Joseph Associates PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES Cameo Homes Neighborhood Meeting Minutes Meeting Date: August 10th, 2004 6pm to 8pm 1. Presentation included the project elevations, color landscape plan with proposed upgrade to parking lot entrance in front of Sycamore Inn that will provide access to the property. ' 2. Presentation of hillside ordinance and request for variance as to hillside cuts. Concerns raised that this would not hold and should not be allowed. Client explained that this portion of property had been adversely eroded by the years of neglect and poor drainage from the Red Hill Condos. It was discussed that the property owners have the right to develop the land and fix the erosion from the properties to the north. 3. Concerns about traffic created along Red Hill Country Club; client response was to create this secondary point of access as emergency purposes only. 4. Questions were raised about the mass of buildings along foothill and the property and blocking of views, concerns about trees blocking the views. Presentation of cross sections were provided and discussed that showed buildings were not being blocked. Client offered to prepare photo exhibits for another neighborhood meeting and to look at adjusting the screening of the buildings along Foothill. 5. Questions regarding interaction between homeowners on the north property line as it relates to types of trees blocking view. Landscape architect informed the neighbors that smaller trees that do not grow that high would be installed and view preservation was primary component with tree selection. 6. Conversations regarding view preservations and a house sales and anticipated sales. Response was that cannot anticipate selling price but informed that new product is comparable sales at a per square foot basis. 7. Concerns about existing traffic on the Red Hill country club road realignment. Neighbors were informed that this would be a City Project that is not part of the Cameo project scope. Concerns about homeless people on site. Client response was that they would follow up with police action to remove the trespassers. 6HlfJJ7 () Office 909-481-1822 800-240-1822 Fax 909-481-1824 City Center _ 10681 Foothill Blvd., Suite 395 - Rancho Cucamonga, CA - 91730 A CALIFORNIA CORPORATION ;Z Lit; . 8. Concerns about the existing trees, vegetation and integrity of the hill. Client response was that they would be looking at removing some of the buildings at the North west end of the project and preserving more trees. . .2 Lf/ J::l!~arles Joseph Associates PUBLlClPRIVATE SECTOR MANAGEMENT SERVICES ArJglB'! 2 21)(4 RI~: ALg.Jst;}th, 2004 Community Meeting C clme{: Homes Pr~ied located a: the tJWC of Baker and Foothill Blvd., in Rancho Cucamonga Dear P;oper~' C",^'r;I~r: TIlis le!tter is te invr:e you to a Community Meeting concerning the Cameo Homes .S.yc:c.rr:or4~ \ 'iIIas. ;;, 211 Unit Condominium project located at the NWC of Baker and F()ot~.ill Bllld, , in Rwcho Cucamonga. This rr,eat,r.g^~H fli'Je us the opportunity to share with you our plans for this high quality '::;ondon-jniun :>evelopment project that we believe will be a positive addition to your lleighiJcrh<>od, al1c1C,1e opportunity to discuss the specifics of this project and to answer any questi:m; j'hat ~14)U may have with regard to this project. All proposed condominium buildin:)s hS,VE' beEm designed to preserve existing Red Hill views. We app:ec:iat e, you :aking time Q1ut of your busy schedule to join us on Tuesday. August . O~.l, :D04 at (;:00 iF",M. The meeting will be held at The Sycamore Inn, located at 8318 Foothill .3hro.,:;:ancllo Cucamonga. The meeting will be held downstairs. in the Grove Hoam ar,d tile projfact team wm be available to answer any questions or concerns that YOll may haVE! elt th i;; meeting. Light refreshments will be served. We! am lao.<ln; forwlrd to meeting with you. Should you have any questions or need any adclitioral infornlc.tio:-. in adVanCE! ofthis meeting. please feel free to give me a call at YJLli- E~arliel:;t cpportLTlity. Sin.:em1y (-;~:~~~ , ~..!.... ~....c '......_, C lalrle~; "'" Eluc 1I,~t C'C1trle:3 Jo:~eptl A!:;!:;I)Ciates =Ilolo$ure cc: Larry ~~end=rson.. City Planning (X ,ice 909e481-1822 888-24{)-1822 Fax 909e481-1824 CtJ ::cuer. 10681 Foothill Blvd., Suite 395 . Rancho Cucamonga. CA - 91730 ^ CALIFORNIA CORPORATION ;2'12 G'd ."GEl i 18v S ~anbna ,>\on4:J dSv : GO VO em ~n\:j , Rug 02 04 02:49p Chl~ Buquet 9 481 -' 132.:"' p.3 ~ :--1 , ~~!I ~ l.t,:. fir' ~iR::j t:~~!! C:~ ,,0. J)Zi ,- '0) 'Cl I:J o ~~ ~.~ ~~ :; ~: ,., r~. III r..) ,,~ ~) r(, Z &l(~ o ~ ~... -( ;>~ Cr.J Z ~1.1.( II o ....l ~~ 'il c ~ ) ~j ~ ~04 .:. ~ ~ II ~~: ~~! > 0 Iii ..~ ~~ :If pJ ~ - ~ ,.1 ':' ~ ~~ cPO iol, !ii ... ,..... 1.1 ~ J" ~ ~~ i:', ~ X jlt~ J;' ~ 0 ~ <e :l' <' c,> ': r..i : >~ II. .... - fJ] < .. .. o o .~ ~ i I i \ \ I I I 30VllD HSINltI 01.': '~H "XVW ,,0-,(( I II ~fI~ i !!1~~~ f s- id ~ :I!~'E~'>l (jl& ~:~ ~ L 2-f;3 Charles J oseph Associates PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES Cameo Homes Neighborhood Meeting Minutes Meeting Date: February 24, 2005 530 pm to 7pm 1. Presentation of the revised project elevations, color landscape plan with proposed upgrade to parking lot entrance in front of Sycamore Inn that will provide access to the property. Client informed neighbors that the Foothill Elevations were reduced to 2 story elements from feedback by City staff and turned sideways. 2. Concerns were raised about the lack of amenities; and neighbors were informed since our last meeting additional amenities; including a tot lot per City requirements. Concerns raised about tot lot and not wanting residents to have children. Client explained this was not legal to exclude children and a tot lot is required for multifamily development with the only exception being senior housing. 3. Presentation of hillside ordinance and request for general plan amendment as to hillside cuts. Client explained that this portion of property had been adversely eroded by the years of neglect and poor drainage from the Red Hill Condos and the previous variance determination. The proposed development will improve the poor drainage at the sites. 4. Concerns about traffic created along Red Hill Country Club for student trip generation; client response was to this secondary point of access as emergency purposes only and a study was prepared to demonstrate student traffic along Red Hill. 5. Presentation of cross sections and preservation of existing views being - preserved. 6. Questions regarding interaction between homeowners on the north property line as it relates to types of trees blocking view. Landscape architect informed the neighbors that smaller trees that do not grow that high would be installed and view preservation was primary component with tree selection. 7. Conversations regarding home sales and anticipated sales. Response was that cannot anticipate selling price but informed that new product is comparable sales at a per square foot basis. Office 909-481-1822 800-240-1822 Fax 909-481-1824 City Center _ 10681 Foothill Blvd., Suite 395 - Rancho Cucamonga, CA - 91730 A CALIFORNIA CORPORA110N ~L/'I 8. Concerns about existing traffic on the Red Hill country club road realignment. Neighbors were informed that this would be a City Project that is not part of the Cameo project scope. Concerns about homeless people on site. Client response was that they have been arresting and prosecuting these offenders, and that if the development is approved this would not be an issue. ;Ztf5 - ----.---------.. CZlt"r'lE~() H()rrJ~s 2/24/05 Community Meeting Sign In Sheet Name! 90/2:0 39'i1d Hd350r 531CltlH:::> P2:8118P6 91:P0 9002:/82:/2:0 - ----.------- Cc:lt~:1eo Hor 1. Hd3S0r S31~~H::> Pl8118P6 91:P0 900l/8l1l0 .. -----------.. CC:lrn(~o Horrltes 2/24/05 Community Meeting Sign In Sheet Niime Address Phone # . ---------.- o.~. ~----------.. --------- --------- --------.. -------- --------- ---------- ------- 2~~ ---------- .. ------- 24 .. ------- 2lf~ 90/P0 ~9\1cl Hd3S0r S31~~H::) Pl8tt8P6 9t:P0 900l/8l/l0 Charles Joseph Associates PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES Sycamore Inn MDR Neighborhood Meeting Minutes Meeting Date: January 19th, 2006, 5pm to 7pm 1 . Presentation included the revised parking lot layout and traffic signal relocation. This was the primary goal of this meeting. We provided confirmation that the Red Hill Country Club rear access will be for emergency purposes only and that the Sycamore Inn access and business operations will not be adversely effected by the shared driveway approach. 2. Questions were raised regarding the types of trees to be removed and installed on the site; there will be over 300 trees for the MDR application and nearly 900 (actual 11 00) trees for the condo project. Several questions as to the types of trees and size of trees and landscape architect addressed landscape issues. 3. Questions regarding interaction between homeowners on the north property line as it relates to types of trees blocking view. Landscape architect informed the neighbors that smaller trees that do not grow that high would be installed and view preservation was primary component with tree selection. 4. Conversations regarding view preservations and a house sales and anticipated sales. The subject of this meeting was to discuss the Sycamore Inn parking lot, but we cannot anticipate selling price but informed that new product is comparable sales at a per square foot basis. 5. Concerns about existing traffic on the Red Hill country club road realignment. Neighbors were reminded that this would be a City Project that is not part of the cameo project scope. Concerns about homeless people on site and peeping toms. Informed neighbors that the police have been actively arresting the homeless people and that when development occurs this will no longer be an issue. 6. Comments from homeowners wanting to know when the project was going to be approved and construction timelines. Timelines regarding plan check and construction discussed and offer extended to homeowners to participate in communication with the City for support for the project. Office 909-481-1822 800-240-1822 Fax 909-481-1824 City Center _ 10681 Foothill Blvd., Suite 395 - Rancho Cucamonga, CA - 91730 A CALIFORNIA CORPORA'nON ;2L/1 Charles Joseph Associates PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES t1~ Cameo Homes Neighbdrhpod Meeting Minutes Meeting Date: January ~, 2006, 5pm to 7pm 1. Presentation included the revised parking lot layout and traffic signal relocation. Confirmation that the Red Hill Country Club rear access will be for emergency purposes only. 2. Questions were raised regarding the types of trees to be removed and installed on the site; there will be over 300 trees for the MDR application and nearly 900 (actual 11 00) trees for the condo project. Several questions as to the types of trees and size of trees and landscape architect addressed landscape issues. 3. Questions regarding interaction between homeowners on the north property line as it relates to types of trees blocking view. Landscape architect informed the neighbors that smaller trees that do not grow that high would be installed and view preservation was primary component with tree selection. 4. Conversations regarding view preservations and a house sales and anticipated sales. We cannot anticipate selling price but informed that new product is comparable sales at a per square foot basis. 5. Concerns about existing traffic on the Red Hill country club road realignment. Neighbors were reminded that this would be a City Project that is not part of the cameo project scope. Concerns about homeless people on site and peeping toms. Informed neighbors that the police have been actively arresting the homeless people and that when development occurs this will no longer be an issue. 6. Comments from homeowners wanting to know when the project was going to be approved and construction timelines. Timelines regarding plan check and construction discussed and offer extended to homeowners to participate in communication with the City for support for the project. Office 909-481-1822 800-240-1822 Fax 909-481-1824 . City Center _ 10681 Foothill Blvd., Suite 395 - Rancho Cucamonga, CA - 91730 A CALIFORNIA CORPORATION ;zstJ 01/31/2005 00:51 9094811824 CHARLES JOSEPH ASSOC PAGE 02/04 Cameo Homes 1/19/2006 Community Meeting Name Address 14 15 16 17 18 19 20 21 22 23 24 2 ;<SI 01/31/2006 00:51 9094811824 CHARLES JOSEPH ASSOC Cameo Homes 1/19/2006 Community Meeting Name :<52. 01/31/2006 00:51 9094811824 CHARLES JOSEPH ASSOC PAGE 04/04 Cameo Homes 1/19/2006 Community Meeting Name Address Phone # 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 25~ Charles Joseph Associates PUBLIC/PRIVATE SECTOR MANP.GEMENT SERVICES crr/ r!~ f~' ~J .~." ""-l' "-. t fo. ....... . "j, Ii.1 Li) Lr\I'/IU 1\11-:; t ...... . January 6th, 2006 J!' ~i (1 C) 2006 ~f'"';.-,\-,-;,..--., Re: Community Meeting- .: _I' - :)!.!-\N~IING Cameo Homes Project located at the NWC of Baker and Foothill Blvd" in Rancho Cucamonga Dear Property Owner: This letter is to invite you to a Community Meeting concerning the Cameo Homes "Sycamore Villas" a 206 Unit Condominium project located at the NWC of Baker and Foothill Blvd,. in Rancho Cucamonga, This meeting will give us the opportunity to share with you our plan revisions for this high quality Condominium Development project that we believe will be a positive addition to your neighborhood, and the opportunity to discuss the specifics of this project and to answer any questions that you may have with regard to this project. All proposed condominium buildings have been designed to preserve existing Red Hill views, We appreciate you taking time out of your busy schedule to join us at 5:00 PM on January 19th, 2006, The meeting will be held at The Sycamore Inn, located at 8318 Foothill Blvd" Rancho Cucamonga, The meeting will be held downstairs, in the Grove Room and the project team will be available to answer any questions or concerns that you may have at this meeting. Light refreshments will be served, We are looking forward to meeting with you, Should YOL' have any questions or need any additional information in advance of this meeting, please feel free to give me a call at your earliest opportunity, Sincerely, ~)~ ~r Charles J. Buquet Charles Joseph Associates Enclosure cc: Larry Henderson, City Planning cc: Dan Coleman, City Planner () nice 9()lJ--+81-1822 888- 2-+0-1822 Fax 909-481-182-+ Ciry Cenrer _ 10M) I Foorhill Bh'd,. Suire :195 - Rancho Cucamonga, C\ - 91730 \ (\1.1 H )Iti': 1\ U )It!'( lR\TI():--; ;zs'l ~ ----'/7 II i/ ./ /I 'i /, /1 I' f f j t /; ! ~~I /7 ~ ~ ~ ~ ~ !W! ~ ~ ~ I z <r:: -lr:./'J ~~ o..,~ o d< (/) >~ Q 0 ~ ~~ -l ~~ -l ou <r:: ~ Q :J U t--< z @ ~d u U5 z ~r: 8 r:./'J 'C :2. 55 G,/ly 0;: If, Charles Joseph Associates //4'G'NOCIJc. PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES. 4PR 0 11140M . J1E'cs 8" <Qa ~. Neighborhood Letter Summary '/Vco '9 "Pz We have complied responses to the issues raised by the neighbors during the 44'iW4'G Neighborhood meeting and letters received by the City of Rancho Cucamonga, which was then in tum provided to us. Below is a summary of each letter and discussion of items addressed. Copies of these letters are in the staff report. Ken and Helen Brown Mr. and Mrs. Brown are concerned about the following issues regarding the proposed Sycamore Villas Project: noise levels, view changes, and traffic. Response: View impacts been mitigated by lowering the profile of the building, a photo survey was conducted to demonstrate the ultimate Roof Condition south of the property. The traffic issues raised in this letter have been addressed by the traffic study that will not create adverse impacts for traveling to the elementary school as there will be a low student trip generation. Noise - already present from Farm, more from RecreationlPool-Complaints about what was verbally described during the neighborhood meeting as "migrant music" coming from the strawberry patch farm workers. Response; We can not control the noise levels generated from the workers at the strawberry patch as it is not subject to the application. We can not control the type of music desired by the residents of a project The complaints are coming from a property that is approximately a UI mile, or 1200 linear feet from the subject property. Emergency entrance/exit hazardous. The northerly exit is for Fire Ingress/Egress only and has been designed as such. There's a perception of developers greed. The developer will be responsible for paying over 4 million dollars in associated "impact fee" costs to the community. This fee was something that was not required for the existing condo project to the north. Annette and Richard Davidson Project's one access would be hazardous in case of emergency, i.e. fire. The northerly exit is for Fire Ingress/Egress only and has been designed as such. Public services would be increased. The developer will be responsible for paying over 4 million dollars in associated "impact fee" costs to the Office 909-481-1822 800-240-1822 Fax 909-481-1824 City Center - 10681 Foothill Blvd., Suite 395 - Rancho Cucamonga, CA - 91730 &H I t;rr P. A CAI.lFORNIACORPORATION ;ZS6 community. This fee was something that was not required for the existing condo project to the north. The project will be paying to mitigate future services with an estimate of approximately $ 753,548 for Traffic, $721,000 for park fees, $1,772,218 for school fees, $361,000 for storm drain fees and construction of master planned storm drain improvements that will benefit the existing condo project, $1,669,218 for water fees. All fees totaling an estimate of $3.681.984 dollars in impact fees as well as over a million dollars in street improvements as currently conditioned. New schools and classroom needed. See relative to school fees. Construction dust will affect local people with asthma. Project will comply with necessary air quality management during construction for dust control. Noise Project will comply with noise standards and have an HOA in place for control of noise standards on site; same as the condo to the north. Increase in consumption of scarce and/or costly resources, ie. Water, electricity and gas. Project will be paying almost 2 million dollars in water fees, which is something that was not paid for by the Condo's to the north. Strain on sewer system. See above response, project will be paying millions of dollars in infrastructure fees, something the condo project to the north was not required to do. In fact, Red hill condos existing drainage creates more of a safety hazard on the area than the proposed project because of the lack of storm drain improvements and drainage that was allowed to sheet flow from the existing condo project, which as part of this development will be fixed beyond the property line. Dale and Barbara Price Traffic problems on Red Hill and Foothill, The northerly exit is for Fire Ingress/Egress only and has been designed as such. Traffic increases have been anticipated as part of the General Plan and appropriate street widening plans have been approved and are moving forward to accommodate all growth of Rancho Cucamonga along this corridor. Potential storm drainage problems, land slides and fire hazards Insufficient parking/garages The project site will be over parked and includes 82 extra tandem spaces as part of the overall approval and are in addition to City required parking. The parking will not affect the property to the north. Unbearable upward traveling noise from Pool/Rec Room. As part of the CC&R's noise levels will need to be controlled by the property management which have more control than say a single family development Devaluation of surrounding area and rural quality of area. Brand new development tends to increase the price per square foot, the price per square foot for the proposed development is higher than the existing condos. ;2. s l' . Overcrowding of existing schools This 2 bedroom type product does not generate high numbers of students and nationally have been negligible, however the developer will be contributing $1,772,218 for school fees. Charles and Lvnda Teenor Entry point into site will create traffic problems. The traffic signal entrance has been designed to meet all applicable City Traffic Engineering requirements. This particular resident lives approximately 1 mile from the project. development, near the Vineyard traffic signal. Melvin Dieterich Please note that Mr. & Mrs. Dieterich have sold their condo and moved. Devaluation of surrounding area due to the fact that project buildings resemble an entry level housing market and not a high end complex. Brand new development tends to increase the price per square foot; the price per square foot for the proposed development is higher than the existing condos. Traffic/congestion problems escalated by single entry into project site. Since Mel reviewed the plans, the traffic signal entrance has been revised as outlined above, and project will also be paying City Transportation fees. Insufficient parking. The project site will be over parked and includes 82 extra tandem spaces as part of the overall approval. The parking will not effect the property to the north. One pool insufficient The project will have other amenities provided such as a clubhouse, pocket park and tot lot and not just 2 pools similar to what was provided for the condo project. Dale and Barbara Price Emergency exit, designated as a main entrance and exit, is impossible, noisy, and dangerous. The northerly exit is for Fire Ingress/Egress only and has been designed as such and will not be dangerous since residents will not use that ingress/egress. 258 Devaluation of property values, agitation of homeowners and destruction of historical area. Brand new development tends to increase the price per square foot; the price per square foot for the proposed development is higher than the existing condos. Rancho Cucamonga will become into Fontana. We are not sure how to respond to this comment. Burt and Nancv Court Our firm spoke at Great length with Mrs. Court regarding the development Friday March 31st. The same issues raised were conveyed regarding the responses with an additional response to the drainage issues. The decay of the soil for the existing condos can not be mitigated by our development, we will provide for an appropriate drainage acceptance of the condo project. The existing drainage p~oblems of the condos is not for our client to solve. The condos could decide to generate funds to address the storm drain issues, and we are happy to provide copies of the drainage study to an engineer to evaluate the existing drainage flows. High density will reduce property values. Insufficient parking/garages Health hazard as result of insufficient swimming pools Entry-level housing units will become ghetto. Dirt movement will cause damage to existing homes. Increased traffic along Foothill Emergency entry/exit dangerous Degrades city Earth removal will cause damage to slopes and undermine the foundation of the condo's above. Sever damage will be caused to units and lead to injury or death of homeowners. Robert Fromer Our firm spoke at Great length with Mr. Fromer regarding the development Friday March 31st. It appeared his primary concern was noise and he mentioned that he could not hear the construction noise for the Red Hill Country Club construction, and therefore would not likely hear the noise from the Cameo project during construction. Hillside stability will need to be addressed by the Civil Engineer of record, but we were told that the buildings and proposed development would actually serve to help hold the hillside intact and property accept and control drainage/run off from the existing condo project. Devaluation of surrounding property Hillside instability will be created by grading Rodents will migrate to surrounding homes. ;<$9 Noise issue Traffic congestion as result of exit onto Red Hill Thank you for the opportunity to provide responses to the letters on file at the City. Sincerely, Charles Buquet Charles Joseph Associates :Z(,~ ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) City of Rancho Cucamonga Planning Division (909) 477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. INCOMPLETE APPLlCA nONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: ORC 2003-00637 Project Title: Sycamore Villas Name & Address of project owner(s): Nicholas Coussoulis IRA No. 61133912, McNay Group I, LLC Name & Address of developer or project sponsor: Kim Berry, Cameo Homes -1105 Quail Street Newport Beach, CA 92660-2705 Contact Person & Address: Chuck Buquet _ Charles Joseph Associates, 16081 Foothill Blvd Suite 395 Rancho Cucamonga, CA 91730 Name & Address of person preparing this form (if different from above): Chuck Buquet _ Charles Joseph Associates, 16081 Foothill Blvd Suite 395 Rancho Cucamonga, CA 91730 Telephone Number: 909-481-1822 ?E;HIIJ/I Q Page 1 of9 Created on 5/221200312:03 PM ;2~/ PROJECT INFORMA TlON & DESCRIPTION: Information indicated by an asterisk (*) is not required of non-construction CUP's unless otherwise requested by staff, *1) Provide a full scale (8-1/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east and west; views into and from the site from the primary access points that serve the site; and representative views of significant features from the site. Include a map showing location of each photograph. Project Location (describe): Project is located north of Foothill, north & east of Sycamore Inn, 3) west of the Railroad overpass on Foothill. The northem boundary is just south of the Red Hill condominium project. 4) Assessor's Parcel Numbers (attach additional sheet if necessary): 0207-101-34-0-000,0207-101-31 *5) Gross Site Area (ae/sq. ft.): 21.00 *6) Net Site Area (total site size minus area of public streets & proposed dedications): 19.75 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): None, 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: Grading & Building permits 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures, Attach photographs of significant features described, In addition, cite all sources of information (i.e" geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): Site is sloped North from Foothill with various plants and trees. There is an abandoned water basin on the east portion of the site adjacent to the "rails on trails" proposed by the City of Rancho Cucamonga. EnvironmentalCameo Page 2 of 9 Created on 512212003 12:03 PM :2.~1 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information (books, published reports and oral history): . Project site is north of Route 66 and nearby City Landmark Sycamore Inn dating back as a Stagecoach Trading Depot during agricultural development of Rancho Cucamonga, 11) Describe any noise sources and their levels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Foothill Blvd (Route 66) traffic noice that will be addressed in accordance to city specifications. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s) if necessary: The project is 225 attached for-sale residential unit community designed for a hillside site. Because of its highly visible location, the project intends to be a "gateway. into Rancho Cucamonga. It utilizes split level buildings of town homes and stacked flat product type in an effort to mitigate the hillside terrain. It will have a variety of 2 bedroom plans with the majority of the units having an individual garage in the same buidling. A few remote garage structures will be in close proximity to the units as well as uncovered parking spaces located among lush landscaping. Because of its close proximity to the Sycamore Inn, the project EnvironmentalCameo Page 3 of9 Created on 51221200312:03 PM 2t,.E will share the same entry as well as similar craftsman style of architecture to compliment the existing structure, Amenities such as a pool, spa, fitness room, among others, will cater to the residents, A system of landscaped walking paths traverse through the site and will connect to the future City Rails to Trails, 13) Describe the surrounding properlies, including infonnation on plants and animals and any cultural, historical, or scenic aspects, Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartmenthouses, shops, deparlment stores, etc.) and scale of development (height, frontage, setback, rear yard, etc.): North of the site is the Red Hill Condo Community & County club, East is a future site of community trail. East of the trail crossing is a vacant property zoned Multi Family. South of the site is 'Foothill Blvd., with resturants on the south side of Blvd, West of the site is vacant property and the Sycamore Inn, 14) Will the proposed project change the pattem, scale or character of the surrounding general area of the project? The proposed project will not change the pattern scale or character of the area. The proposed project is generally consistent with the spirt and intent of the Sycamore Inn specifiC plan, 15) Indicate the type of shorl-tenn and long-tenn noise to be generated, including source and amount. How will these noise levels affect adjacent properlies and on-site uses, What methods of soundproofing are proposed? Short term construction noise only, no long term impacts. Residential project will comply with applicable City noise standards. *16) Indicate proposed removals and/or replacements of mature or scenic trees: Any tree removal determined as necessary during City review/approval process will be subject to City tree removal permit requirements, 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: None, EnvironmentalCameo Page 4 of 9 Created on 5/221200312:03 PM Zt,f 18) Indicate expected amount of water usage. (See Attachment A for usage estimates), For further clarification, please contact the Cucamonga County Water District at 987-2591, a, Residential (gaVday) 87.600.00 Peak use (gal/Day) 175,200.00 b, Commercial/lnd, (gal/day/ac) 0,00 Peak use (gal/min/ac) 0.00 19) Indicate proposed method of sewage disposal, 0 Septic Tank 181 Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga County Water District at 987-2591, b. Commercial/Industrial (gal/day/ac) 43.800.00 0,00 a, Residential (gaVday) RESIDENTIAL PROJECTS: 20) Number of residential units: 225 Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: N/A Attached (indicate whether units are rental or for sale units): For sale units, see below. 21) Anticipated range of sale prices and/or rents: Rent (per month) $0.00 to $275,000,00 to $0.00 Sale Price(s) $230.000,00 22) Specify number of bedrooms by unit type: Building Type 1; 1,116 sq. ft. total of 119 units Building Type 2; 1,143 sq. ft, total of 21 units Building Type 3; 1,231 sq.ft. total of 86 units 23) Indicate anticipated household size by unit type: All 2 bedroom units 2.6 per unit EnvironmentalCameo Page 5 of 9 Created on 5/22/2003 12:03 PM ,24,5 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a, Elementary: 37 b. Junior High: 15 c, Senior High 53 COMMERCIAL. INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of users) and major function(s) of commercial, industrial or institutional uses: N/A 26) Total floor area of commercial, industrial, or institutional uses by type: N/A 27) Indicate hours of operation: N/A 28) Number of employees: Total: 0 Maximum Shift: Time of Maximum Shift: 29) Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication of the rate of hire for each classification (attach additional sheet if necessary): N/A 30) Estimation of the number of workers to be hired that currently reside in the City: 0 *31) For commercial and industrial uses only, indicate the source, type and amount of air pollution emissions, (Data should be verified through the South Coast Air Quality Management District, at (818) 572-6283): N/A EnvironmentalCameo Page 6 of 9 Created on 5/221200312:03 PM 2ti> ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so, please indicate their response. All agencies have indicated their ability to provide adequate service to the project site. 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, solvents, and other flammable liquids and gases. Also note underground storage of any of the above, Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, if known, None. 34) Will the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic materials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses. along with the storage and shipment areas. shall be shown and labeled on the application plans. No, I hereby certify that the statements fumished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability. that the facts, statements, and information presented are true and correct tot he best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: 1/28/04 Signature: QfR- Title: Chuck Buquet, President, Charles Joseph Associates EnvironmentalCameo Page 7 of 9 Created on 51221200312:03 PM 2~'1 ee:Oll"O'"Q-'-C:=;A. t "",,e-.I .. ....~"... lPit ," July 2003 -t~ >.)(.\ , " "! 1~; :$:i ,'" plate 2 Site Vicinity ChartesJosephAssociates ;2~g City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352, Tentative Tract Map SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, and Minor Development Review DRC2004-00826, 2. Related Files: Tree Removal Permit DRC2004-00082 3. Description of Project: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00339 - CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to allow the development of land that contains a 30 percent slope within a mixed use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Road Right-of-Way - APN: 0207-101-13, 31 and 34. Related Files: Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01061 , and Tree Removal Permit D RC2004-00082. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2004-00352 _ CHARLES JOSEPH ASSOCIATES - An application to amend the Development Code to allow the development of the land that contains a 30 percent slope within a mixed-use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13, 31 and 34. Related Files: General Plan Amendment DRC2004-00339, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT SUBTT16605- CHARLES JOSEPH ASSOCIATES- A residential subdivision of 8 lots for condominium purposes on 21 acres of land in the western Foothill Corridor Mixed Use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13, 31 and 34. Related Files: Development Code Amendment DRC2004-00352, General Plan Amendment DRC2004-00339, Development Review DRC2003-00637, Variance DRC2003-00637, Minor Development Review DRC2004-00826, DRC2005-01 061, and Tree Removal Permit DRC2004-00082. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00637 - CHARLES JOSEPH ASSOCIATES - The design review of building elevations and detailed site plan for 206 condominiums on 21 acres of land in the western Foothill Boulevard Mixed Use Corridor area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13, 31 and 34. Related Files: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Minor Development Review, DRC2004-00826, Variance DRC2005-01061 , and Tree Removal Permit DRC2004-00082. VARIANCE DRC2005-01061 - CHARLES JOSEPH ASSOCIATES - A request to reduce the parking lot setback from 45 feet minimum to 10 feet to allow improvements to an existing parking. lot for the Sycamore Inn Restaurant on property located on the north side of Foothill Boulevard at the intersection of San Bernardino Road - APN: 0207-101-24. Related File: Development Review DRC2003-00637, Tentative Tract SUBTT16605 and Minor Development Review DRC2004-00826 MINOR DEVELOPMENT REVIEW DRC2004-00826 - CHARLES JOSEPH ASSOCIATES - Parking lot, loading area modifications and covered patio area at the Historic Sycamore Inn Restaurant, located at 8318 Foothill Boulevard - APN: 0207-101-24. Related Files: Development Review DRC2003-00637, Variance DRC2005-01061, and Tentative Tract SUBTT16605. 2,,9 City of Rancho Cucamonga Page 2 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-0 1061 \DRC2004-00826 4. Project Sponsor's Name and Address: Charles Joseph Associates 16081 Foothill Boulevard, Suite 395 Rancho Cucamonga, CA 91730 5. General Plan Designation: Mixed Use 6. Zoning: Foothill Boulevard District (Subarea 1) 7. Surrounding Land Uses and Setting: The site is located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road right-of-way. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space, To the west is the Sycamore Inn Restaurant and is designated Mixed Use, Other properties to the west are Mixed-Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Larry Henderson, Principal Planner (909) 477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None GLOSSARY - The following abbreviations are used in this report: CVWD - Cucamooga Valley Water District EIR - Environmental Impact Report FEIR - Final Environmental Impact Report NPDES - National Pollutant Discharge Elimination System NOx - Nitrogen Oxides ROG - Reactive Organic Gases PM10 - Fine Particulate Matter RWQCB - Regional Water Quality Control Board SCAQMD - South Coast Air Quality Management District SWPPP - Storm Water Pollution Prevention Plan URBEMIS7G - Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less-than-significant Impact" as indicated by the checklist on the following pages. 2.? D' City of Rancho Cucamonga Page 3 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 (,I) Aesthetics (,I) Biological Resources () Hazards & Waste Materials () Mineral Resources (,I) Public Services () Utilities & Service Systems (,I) Agricultural Resources (,I) Cultural Resources (,I) Hydrology & Water Quality (,I) Noise () Recreation (,I) Mandatory Findings of Significance (,I) Air Quality (,I) Geology & Soils () Land Use & Planning () Population & Housing (,I) Transportation/Traffic DETERMINATION On the basis of this initial evaluation: ( ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (,I) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared, ( ) I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required, ( ) I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed, ( ) I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared By: Date: "?/-t. le"- I f/w Reviewed By: Date: ;2.1/ City of Rancho Cucamonga Page 4 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-0 1061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imnact Incornorated Imoact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial affect a scenic vista? () ( ) () (,(") b) Substantially damage scenic resources, including, but not () () () (,(") limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or () () () (,(") quality of the site and its surroundings? d) Create a new source of substantial light or glare, which () () ( ,(") ( ) would adversely affect day or nighttime views in the area? Comments: a/b) There are significant vistas within or adjacent to the project site, However, the site is not within a view corridor according to General Plan Exhibit 111-15. It is the City's desire to have permanent locations within the City where scenic vistas of the foothills, in particular, can be leisurely enjoyed. Turnouts at the northern terminus of certain roadways (Haven, Archibald, Milliken, Etiwanda Avenues, as well as the Day Creek Channel) provide an unsurpassed opportunity to create these vista points, Views of existing condominium residents on Red Hill to the north have been reasonably preserved by the design of the proposed project. The proposed project is surrounded by development. Attached condominiums occupy the properties north of the project site, which are within the Red Hill area, Slopes are a major feature of the site, with a majority of the site disturbed, and replanted with non-native species, Site features include a large, concrete drainage facility (abandoned reservoir) that has the remains of spray cans, graffiti, and dumping and the pad area for a demolished water tank. Evidence of squatters homes, camp sites, and trash dumping is present in canyon areas. Significant visual features that frame the site are the historic Sycamore Inn on the west, the Red Hill Bluff to the north, and the abandoned Southern Pacific Railroad embankment to the east. Mature heritage trees are existing on- and off-site and are discussed in a revised Arborist Study dated February 2005, by David Evans and Associates. c) The site is located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail road-right-of-way and is zoned Foothill Boulevard District (Subarea 1), Mixed-Use. The visual quality of the area will not degrade as a result of this project. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No, 87-96, unless exempted by said Resolution. d) The project will create new light and glare because the site is currently vacant. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. ;2. 12 City of Rancho Cucamonga Page 5 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No tmoact Incorcorated Imoact Imnact 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland () () ( ,./) () of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, .or a ( ) () () ( ,./) Williamson Act contract? c) Involve other changes in the existing environment, which, () () () ( ,./) because of their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located on the north side of Foothill Boulevard between San Bernardino Road and Baker Avenue and is zoned Foothill Boulevard District (Subarea 1), Mixed-Use, and is characterized by developments to the north, south, east, and west. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which ab.out one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan, The General Plan Final Environmental Impact Report (FEIR) identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) The site is located on the north side of Foothill Boulevard between San Bernardino Road and Baker Avenue and is zoned Foothill Boulevard District (Subarea 1), Mixed-Use and is characterized by existing developments to the north, south, east and west. The nearest agricultural use is more north of Arrow Route (marginal grape production) from the project site, Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable () ( ) () ( ,./) air quality plan? b) Violate any air quality standard or contribute substantially () ( ,./) () () to an existing or projected air quality violation? ;2.1.3 City of Rancho Cucamonga Page 6 . DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated . Impact Impact c) Result in a cumulatively considerable net increase of any ( ) () () (,./) criteria pollutant for which the project region is non- attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () ( ,./) ( ) ( ) concentrations? e) Create objectionable odors affecting a substantial number () ( ) () (,./) of people? Comments: a) As noted in the General Plan FEIR (Section 5,6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again, Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and they would not violate an air quality standard or worsen the existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis. Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers" specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD), as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. cJ7'1 City of Rancho Cucamonga Page 7 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-0 1061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact IncorDorated Imoact Imoact 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: . Reestablish ground cover on the construction site through seeding and watering. . Pave or apply gravel to anyon-site haul roads. . Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. . Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. . Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. . Suspend grading operations during high winds (Le., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. . Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil.stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. The proposed project was screened using the Urban Emission Model 2002 (URBEMIS2002) prepared by Jones & Stokes under the guidance of the San Joaquin Valley Unified Air Pollution Control District, the Ventura County Air Pollution Control District, and the SCAQMD. The program generates emissions estimates for land use development projects. Though not required, construction emissions are screened and quantified to document the effectiveness of control measures, Tables 1 and 1A show construction emission results. ;27S City of Rancho Cucamonga Page 8 DRC2004-00339, -00352\SU BTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incoroorated Imoact Imoact Table 1 URBEMIS2002 Site Grading Emissions Summary (Pounds per Day) Source ROG NOx CO PM10 Mit. Mit. Mit. Mit. Demolition - - - - Site Grading ROG NOx CO PM10 Fugitive Dust - - - 20.00 Off-Road Diesel 17.23 144,19 118.01 6.72 Worker Trios 0,19 0,37 3,93 0,02 Total 17.42 144.56 121.94 26.74 SCAQMD Thres. 75 100 550 150 SiQnificance No Yes No No Table 1 A URBEMIS2002 Construction Emissions Summary (Pounds per Day) Source ROG NOx CO PM10 Mit. Mit. Mit. Mit. BldQ Const 26.15 212.09 184.33 9.76 Worker Trios 2,60 5.64 57.13 0.27 Arch CoatinQ 434.22 -- -- -- Asphalt 0.83 3,15 0.59 0.04 Total 463.80 220.88 242,05 10,07 SCAQMD Thres 75 100 550 150 Significance Yes Yes No No As indicated in Table 1, grading emissions exceed the SCAQMD threshold for Nitrogen Oxides (NOx) and Table 1A the construction emissions exceed the SCAQMD thresholds for two of the four criteria air pollutants, Reactive Organic Gases (ROG) and NOx. The grading and construction of a development this size is anticipated to exceed thresholds levels. However, the construction emissions are short-term (approximately twelve months) and are not considered significant. Once construction is complete, the operational levels are well below SCAQMD thresholds as indicated in Table 2. Operational Emissions: The site is located within the Foothill Boulevard District (Subarea 1), Mixed-Use, and the project would remain consistent with the designated land use, with the approval of a Minor Exception. Residential developments currently surround the project site. The majority of the emissions impacts associated with the project would result from vehicles traveling to and from the site. Mobile source emissions were calculated using the Institute of Transportation Engineers (ITE) Trip Generation Manual (6th edition) values programmed into the URBEMIS 2002 model. In order to reflect the nature of the proposed project, the default value of 5.76 per dwelling unit was used to reflect the vehicle trips that would most likely be associated with the proposed project. Emissions associated with these vehicle trips are listed in Table 2. cJ, 7 t, City of Rancho Cucamonga Page 9 DRC2004-00339, _00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incorcorated Imoact Imoact Table 2 URBEMIS 2002 Operations Emissions Summary (Pounds per Day) Source ROG NOx CO PM10 Mit. Mit. Mit. Mit. Area Source 11.22 1,70 1.31 0.00 Mobile Source 15,87 15.43 172.15 13.17 Totals 27.10 17,13 173.46 13,18 SCAQMD Thres. 55 55 550 150 Siqnificance No No No No After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5,6). Based upon the Urban Emissions Model 7G URBEMIS7G model estimates in Table 5,6-4 of the General Plan FEIR, NOx, ROG, and Fine Particulate Matter (PM1o) would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a levelless-than-significant. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable advers'e impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon the URBEMIS7G model estimates in Table 5,6-4 of the General Plan FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following mitigation measures shall be implemented: 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. c) As noted in the General Plan FEIR (Section 5,6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards, The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they d.77 City of Rancho Cucamonga Page 10 DRC2004-00339, -00352\SU BTT16605\DRC2003-00637\DRC2005-0 1061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact IncorDorated Imoact Imoact are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401, The project site is adjoining the nearest sensitive receptor (existing residences), Therefore, adverse impacts are anticipated. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading the site, The mitigation measures listed under b) above will reduce impact to less-than-significant levels. e) Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated, 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or () ( v"") ( ) () through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat or () () ( ) ( v"") other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department' of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected () () () ( v"") wetlands as defined by Section 404 of the Clean Water .Act (including, but not limited to, marsh, vernal pool, coastal, etc,) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native () (. ) () ( v"") resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting () ( v"") () ( ) biological resources, such as a tree preservation policy or ordinance? f) Confl ict with the provisions of an adopted Habitat () () () ( v"") Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a/b) In July 2003, Ecological Sciences conducted a Habitat Suitability Evaluation on the project site. The level of constraint a sensitive biological resource would pose to potential developments typically depends on the following criteria: . The relative value of that resource . The amount or degree of impact to the resource ;Z7~ City of Rancho Cucamonga Page 11 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imnact Incorporated Impact Imnact . Whether or not impacts to the resource would be in violation of State and/or federal regulations or laws · Whether or not impacts to the resource would require permitting by resources agencies · The degree to which impacts on the resource would otherwise be considered "significant" under CEQA Based on an evaluation using these criteria, existing disturbed/disced areas were considered of a relatively low biological constraint and value given the context in which they occur, This designation is because of the high level of disturbance that has resulted in low biological diversity, absence of special-status species to utilize or reside within these areas. Because no threatened or endangered species are likely to occur in disturbed areas because of the highly disturbed conditions present in a predominantly degraded environment, construction activities in these areas would not likely jeopardize the continued existence of listed species, nor would construction adversely impact designated critical habitat. Impacts to disturbed areas would also not be expected to substantially affect special-status resources or cause a population of plant or wildlife species to drop below self-sustaining levels, nor would impacts be expected to substantially alter diversity of wildlife in the area because of the current degraded habitat conditions. The project site is located in an area developed with mixed uses, The site has been previously disrupted during construction of infrastructure and surrounding developments/annual discing for weed abatement. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan, c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The majority of the surrounding area has been or is being developed, thereby, disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) The City of Rancho Cucamonga has adopted a tree ordinance, which states, "The Eucalyptus, Palm, Oak, Sycamore, Pine, and other trees growing within the City of Rancho Cucamonga are a natural aesthetic resource which helps define the character of the City. Such trees are worthy of protection in order to preserve the scenic beauty, prevent soil erosion, provide shade, wind protection, screening, and counteract air pollution," David Evans and Associates Incorporated conducted an Arborist Report and Tree Inventory analysis in September 2003 and revised it in February 2005. They identified the existing conditions of the trees and reported on their type, and general health (predominately focusing on Sycamores, Oaks, and Ornamentals). Pertaining to Sycamore trees, if drainage is altered, it may affect the amount of water that the Sycamores receive. The trees could be adversely effected if they were to receive significantly less water than they have received historically. Should this be, the developer would be advised to replace the lost water with another source, namely irrigation, . d-79 City of Rancho Cucamonga Page 12 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incornorated Imoact Imoact f) An area northwest of the project site is identified as a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4, The Red Hill Golf Course occupies the adjacent area identified, No conflicts with habitat conservation plans will occur. 1) In accordance with the Tree Preservation Ordinance, a tree preservation and replacement program based on the following priorities will be submitted and approved by the City Planner prior to the issuance of grading permits: 1) preserve.in-place healthy trees, 2) if trees cannot be preserved-in.place, then transplant elsewhere on-site, and as a last resort, 3) remove and replace with largest nursery grown stock available. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance () () () ( v") of a historical resource as defined in S 15064.5? b) Cause a substantial adverse change in the significance ( ) (v") () ( ) of an archeological resource pursuant to S 15064.5? c) Directly or indirectly destroy a unique paleontological () (v") ( ) () resource or site or unique geologic feature? d) Disturb any human remains, including those interred () () () ( v") outside of formal cemeteries? Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). An Historical Assessment of the project site was conducted by Stephen R. Van wormer in May 1990 and revealed the following: Four historic resources were identified as a result of research and field survey and include: 1) the Cucamonga Stage station site, 2) the Sycamore Inn, 3) the Red Chief Motel, and 4) the San Bernardino Museum Archaeological Information has noted the presence of two previously recorded historic bridges (CHS-1786-1 and CHS-1786-6) as well as the old Los Angeles to San Bernardino road route (PS-BR-3-H) adjacent to the project boundaries, These resources are outside the project area and will not be impacted. However, the Sycamore Inn site is being used as access to the project. The use of a portion of the Sycamore Inn site has required some realignment of the parking layout and drive aisles but the impact is not significant. b) An Archaeological Assessment was prepared in May 1990 by Kathleen C, Del Chario for the project site. The assessment concluded that all exposed ground surfaces within the project area were examined and neither artifacts nor any indication of a subsurface deposit, or midden, was encountered. Because of this, no further prehistoric archaeological investigations are recommended, However, since a prehistoric scatter was previously recorded in this location, and because of the intense prehistoric activities in the local area, the following mitigation measures shall be implemented: 1) If any paleontological resource (Le. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation c28tJ City of Rancho Cucamonga Page 13 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Sigoificant Less Issues and Supporting Information Sources: Potentiall y With Than Significant Mitigation Significant No Imoact Incoroorated Imoact Impact measures (Le., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: . Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. . Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. . Pursue educating the public about the area's archaeological heritage. . Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. . Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving, c) The General Plan FEIR (Section 5,11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils, The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (Le., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: . Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities, . Should fossils be found within an area being cleared or graded, divert earth- disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find, 028/ City of Rancho Cucamonga Page 14 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incoroorated Imoact Imoact . Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding developments/annual discing for weed abatement. No known religious or sacred sites exist within the project area, No evidence is in place to suggest the project site has been used for human burials, The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated, 6. GEOLOGY AND SOilS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated () () () ( .I) on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? () () ( .I) () iii) Seismic-related ground failure, including () ( ) () ( .I) Iiq uefaction? iv) Landslides? () ( ) () ( .I) b) Result in substantial soil erosion or the loss of topsoil? () ( .I) () 0 c) Be located on a geologic unit or soil that is unstable, or () () () (.I) that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B () ( .I) () () of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of () () () ( .I) septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) Eberhart Consultants, Inc prepared a Geotechnical Investigation and Fault Study. The investigation concluded the following: No known active faults pass through the site and the subject property has experienced strong groundshaking from earthquakes that have occurred cJ82 City of Rancho Cucamonga Page 15 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Imoact in the southern California region and will likely experience strong ground shaking in the future. The largest estimated median and 84th percentile PHGA are 0.473g and O,753g, respectively associated with a 7.0Mw earthquake on the Cucamonga Fault. The potential for on-site liquefaction is considered low, No known landsliding exists on the subject property, However, approximately the eastern third of the site is within an Earthquake Fault Zone, along the Red Hill Fault, in the Rancho Cucamonga City Special Study Zone, according to the General Plan Exhibit V-1, and Section 5,1 of the General Plan FEIR. The Red Hill Fault, passes within 1/4 mile of the site, and the Cucamonga Fault Zone lies approximately 4,5 miles north. These faults are both capable of producing Mw6,0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to Mw 7,5 earthquakes, is 1.5 miles northeasterly of the site and the San Andreas Fault, capable of up to Mw 8,2 earthquakes, is 15 mile northeasterly of the site. Each of these faults can produce strong groundshaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant. b) The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established, Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce Fine Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403, or replanted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. c) The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer. Widespread subsidence, on the order of 1 to 2 feet, because of groundwater withdrawal has been predicted for the southern part of the City. The project site is located in the southern portion of the City and it could be subject to subsidence. However, there are no known indications that this is occurring, The project would not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5.1-2. Soil types on-site consist of Soboba Gravelly Loamy (0-9 percent slopes), Saugus Sandy Loam (30-50 percent slopes), and Ramona Sandy Loam (9-15 percent slopes) Soil association according to General Plan FEIR Exhibit 5.1-3. No adverse impacts are anticipated. 2C63 City of Rancho Cucamonga Page 16 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact IncorDorated Imoact Impact d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Saugus Soil, and Ramona Sandy Loam (9-15 percent slopes) associations, according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5,1-3. These soils are typically well-drained, steep soils. Slopes are 30 to 50 percent and elevation is approximately 1,200 to 2,500 feet. Several recommendations for the design and construction of manufactured slopes were identified in the Geotechnical Investigation and Fault Study prepared by Eberhart Consultants. 5) Fill slopes 30 feet or less in height should have a keyway toe (a special backfilled excavation, which is constructed beneath the toe area of a planned fill slope on sloping ground to improve the stability of the slope). Fill slopes greater than 30 feet in height should have a keyway width equal to one-half the slope height with a depth of 5 feet at the keyway toe. All keyways should be tilted a minimum of 2 percent towards the back of the keyway. 6) Backcuts for stabilized slopes 30 feet or less in height should be excavated at a 2:1 gradient. Backcuts for stabilized slopes greater than 30 feet in height can be excavated at gradients up to 1.5:1 provided the fill at the top of these slopes is at least 15 feet thick. All stabilized slopes should be constructed and drained in accordance with the specifications and details in Appendix H of the Geotechnical Investigation and Fault Study (specifications 5.50 thru 5.57). Adherence to these design specifications would ensure stable construction slopes. 7) For residences, setbacks from bottom outer edges of foundations, walls, etc. adjacent a top-of-slope should be setback from the slope face a horizontal distance of one-third the slope height under consideration in accordance with the 1997 Uniform Building Code. The horizontal distance should not be less than 5 feet. 8) Buildings adjacent the toe of a slope should be set back a horizontal distance equal to one-half the vertical height of the slope in accordance with the 1997 Uniform Building Code with minimum and maximum setbacks of 3 feet and 15 feet, respectively. In addition the following recommendations should be included in the CC&R's for the homeowners association. To ensure proper maintenance of the slopes: 9) All slopes should be landscaped with drought resistant vegetation. A landscape architect should be consulted for recommendations on appropriate plant types and planting configuration. . 10) Interim measures should be considered to protect the slopes prior to the establishment of landscaping. These measures may include the utilization of geotechnical erosion fabrics or acceptable alternatives. 11) Drainage devices should be inspected and maintained at regular intervals and should not be obstructed. ;;2 8 'I City of Rancho Cucamonga Page 17 DRC2004-00339, -00352\SU BTT16605\DRC2003-00637\DRC2005-0 1061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incoroorated Imoact Impact 12) The slopes should be periodically inspected for the presence of burrowing rodents. If an infestation of burrowing rodents is confirmed, they should be eliminated from the slopes. 13) Provisions should be made to interrupt automatic timing devices of irrigation systems during the rainy seasons. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or altern?tive wastewater disposal is proposed: 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the () ( ) () ( v"') environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the () () () ( v"') environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () () ( v"') acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of () () () ( v"') hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, () () () ( v"') where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would () () () ( v") the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an () () () ( v"') adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, () () () ( v") injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ;Zf6S City of Rancho Cucamonga Page 18 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incprnprated Imnact Impact Comments: a) The project will not involve the transport, use, or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the state. The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies. In addition, PIC Environmental Services completed a Phase I Environmental Site Assessment report in June 2003 and concluded that based upon the results of the Phase I assessment, and the research of available records, there was no evidence that environmental impairments exist at the subject property, Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels, The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state. The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are anticipated. c) There are no schools located within 1/4 mile of the project site. The nearest existing schools are located .41 mile to the northeast (Valley Vista Elementary), to the south (Los Amigos Elementary), and to the southeast (Bear Gulch Elementary). Typically, the uses proposed do not create objectionable odors, No adverse impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. The Phase I site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an Airport Land Use Plan and is not within 2 miles of a public airport. The project site is located approximately 3 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from a wind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. ;ZSb City of Rancho Cucamonga Page 19 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incorcorated Imoact Imoact 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge () () ( ) (,./) requirements? b) Substantially deplete groundwater supplies or interfere () (,./) ( ) ( ,./) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e,g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site () ( ) (,./) ( ) or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site () () () (,./) or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the () () () (,./) capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? () (,./) () () g) Place housing within a 100-year flood hazard area as () (,./) () () mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that () (,./) () () . would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, () (,./) () () injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? () () () (,./) Comments: a) Water and sewer service is to be provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of.the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. ;2. 81 City of Rancho Cucamonga Page 20 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incoroorated Impact Impact Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of c~nstruction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Construction' Permit. The General Construction Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: . Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosi.on from moving off-site into receiving waters, . Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. . Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges, A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare a SWppp, To comply with the NPDES, the construction contractor of the project will be required to prepare a SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by Hall and Foreman, Inc. dated May 2004, that identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction, Runoff from driveways, roads, and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods, Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various business plans that must be developed by any businesses that store and use hazardous materials. Practices, such as periodic parking lot sweeping, can substantially reduce the amount of pollutants entering the storm drain system, The following mitigation measures would be required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to 023g City of Rancho Cucamonga Page 21 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incoroorated Imoact Impact ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site: 5) It shall be the hired contractor's responsibility to inspect and maintain all BMPs in good working order. Inspection and maintenance responsibility shall remain for the duration of the project. Post-Construction Operational: 6) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by Hall and Foreman, Inc. dated May 2004 to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, 43 percent of the City's water is currently provided from groundwater in the Cucamonga and Chino Basins. CVWD has adopted a Master Plan that estimates demand needs until the year 2030. The proposed project will not deplete groundwa'ter supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation; however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface. As noted in the General Plan FEIR (Section 5.9), continued development citywide will increase water needs and is a significant impact; however, CVWD has plans to meet this increased need through the construction of future water facilities. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, an increase in runoff from the site will not result in substantial erosion or siltation on- or off-site, The impact is not considered significant. ;2g9 City of Rancho Cucamonga Page 22 DRC2004-00339, -00352\SU BTT16605\DRC2003-00637\DRC2005-0 1061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incornorated Imoact Impact d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows, A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, an increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated, e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows, The project will not result in substantial additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits, Therefore, an increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated, f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the NPDES to minimize water pollution, The following mitigation measures shall be implemented: 8) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 9) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the NPDES General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. gth) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6. The project site is not located within a 1 OO-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. 029CJ City of Rancho Cucamonga Page 23 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incorporated Impact Imoact Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? () () () ( v"') b) Conflict with any applicable land use plan, policy, or () () ( ) ( v"') regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or () () () ( v"') natural community conservation plan? Comments: a) The site is located within the Foothill Corridor Mixed Use area within Subarea 1 of the Foothill Districts and is characterized by mixed commercial and residential developments to the north, south, east, and west. The project includes the development of 21 acres into 206 condominiums, The project would not conflict with any environmental plans or policies upon approval of the proposed General Plan and Development District Code Amendments, The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Mixed Use. The proposed project is the request to construct 206 condominiums on 21 acres. The developer is proposing to construct the development on land with up to 30 percent slopes, which requires a Development Code and a General Plan Amendment. See Section 6 of the General Plan FEIR for a discussion of geotechnical requirements to ensure that the project can be developed under these conditions. The proposed project is consistent with the General Plan with the proposed amendment and does not interfere with any policies for environmental protection. As such, no impacts are anticipated, c) The project site is not located within any habitat conservation or natural community plan area. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biologic.al resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral () () () ( v"') resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important () () () ( v"') mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? e2q; City of Rancho Cucamonga . Page 24 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site; therefore, there is no impact. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in () ( .r) () () ~ excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive () ( ) () ( .r) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels () () ( ) ( .r) in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient () (, ) () ( .r) noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, () ( ) () ( .r) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would () () () ( .r) the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. BridgeNet International conducted an Exterior Noise Analysis in September 2003. The total noise exposure level will consist of the sum of the traffic noise combined on an energy basis. The traffic noise exposure will be dominated by the noise generated from traffic on Foothill Boulevard at the southern portion of the project site. The total unmitigated noise exposure level at the condominiums closest to Foothill Boulevard will be as high as 68.3 dB CNEL. The General Plan FEIR (Section 5,7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-0, as measured at the property line. c21;Z City of Rancho Cucamonga Page 25 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Planning Department. Said consultant shall report their findings to the Planning Department within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible in the first phase. b) The uses associated with this type of project normally do not induce ground borne vibrations, As such, no impacts are anticipated. c) The project site is located within the Foothill Corridor Mixed Use area within Subarea 1 of the Foothill Districts. The project includes the development of 21 acres into 206 condominiums. The primary source of ambient noise levels in Rancho Cucamonga is traffic, The proposed activities will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. d) The General Plan FEIR (Section 5.7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: 5) Once building plans are submitted for permits, an interior noise analysis shall be done for buildings in this project to determine the type of building materials to be used to ensure that buildings meet interior noise standards of 45dB CNEL. 6) Noise barriers should be constructed around the patios and balconies of the buildings along the southern portion of the project site, adjacent to Foothill Boulevard. The first floor patio barriers shall be 5 1/2 feet in height and the second and third floor balcony barriers shall be 5.0 feet in height. e) The site is not located within an Airport Land Use Plan and is not within 2 miles of a public airport, The site is located approximately 3 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated, d.93 City of Rancho Cucamonga Page 26 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Imoact f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. 12. POPULATION AND HOUSING. Would the project: () () () ( ./) a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, () () () ( ./) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the () () () ( ./) construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will not induce population growth, Construction activities at the site will be short-term and will not attract new employees to the area, The project includes the development of 21 acres into 206 condominiums, The development is anticipated to generate a ratio of 2.6 persons per unit or approximately 585 additional residents. However, growth is anticipated and is designed in accordance with the City of Rancho Cucamonga Development Code, Chapter 17,32, Foothill Boulevard Districts guidelines for development of Subarea 1. No impacts are anticipated, b) The project site contains no existing housing units, No adverse impact expected. c) The project site is vacant land, No impacts are anticipated, 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) () (./) () b) Police protection? () () (./) () c) Schools? () () (./) () d) Parks? () () ( ./) () e) Other public facilities? () () (./) () Comments: a) Fire Protection - The Insurance Services Office, Inc, (ISO) collects information on a community's public fire protection and analyzes the data using their Fire Suppression Rating Schedule (FSRS). They then assign a Public Protection Classification (PPC) on a scale from one to ten, Class one represents the best public protection, and Class ten indicates less than ;;CfLj City of Rancho Cucamonga Page 27 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incorporated Impact Impact the minimum recognized protection, Each Fire District is evaluated every five years and is reported to insurance companies as a factor in setting the premiums they charge for property insurance; the better the community's PPC grade, the lower the premiums for property insurance. According to the City of Rancho Cucamonga Fire Construction Services, the City is rated a Class Three, According to the ISO, a class three rating in California is in the upper 15 percent of the entire state. The site would be served by a fire station located approximately 2. miles from the project site, This site, designated Mixed-Use, is intended for the development of 206 condominiums. The proposed development would generate approximately 585 residents. The City of Rancho Cucamonga Fire Protection District indicates that for every 1,000 citizens, an average of 0.27 firefighter is on-duty (based on conversation with John Thomas, City of Rancho Cucamonga Fire Construction Services/Plan Check Manager, January 2003), Under existing considerations, the Fire Protection District would be able to provide adequate fire protection for the proposed condominium development and the impact would be less-than-significant. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. b) Police protection - The City of Rancho Cucamonga contracts with the San Bernardino County Sheriff's Department (SBSD) and currently has 96 uniformed officers assigned to the City. With an estimated population of 154,780 people, the ratio of officers to citizens is approximately 0.62 per 1,000 residents (based on conversation with Dan Waters, Crime Analyst assigned to the City of Rancho Cucamonga, January 2003), The average response time to an emergency call for service is approximately four minutes; response times are evaluated on a monthly basis. The Sheriff's Department reviews response times annually, and the ratio of officers to the City's population to determine if more officers are needed to keep the response time below five minutes, The proposed project would generate approximately 585 people, This would result in a demand for less than a one percent increase in officers to maintain the City's current level of service. The impact is considered less-than-significant. Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled, c) Schools - Rancho Cucamonga is divided into four different elementary and intermediate school districts: Alta Loma, Central, Cucamonga, and Etiwanda. A total of twenty-one elementary schools and seven middle schools currently exist within the City of Rancho Cucamonga. This site is served by the Central School District. The Central School District. serves the western portion of Rancho Cucamonga and includes five elementary schools and two junior-high schools with a capacity of 5,885 students. Portable classrooms are used to alleviate overcrowding problems. Funding is the deterrent to facility expansion and the City and school districts are addressing the problem by requesting State and Federal funding, The City also meets the needs for schools by collecting developer school impact fees. The fees currently are $1.93 per square foot for residential construction and $.31 per square foot for commercial and industrial developments. The elementary and the high school districts share revenues generated by the school impact fees. The proposed project is anticipated to generate approximately 105 students (37 Elementary students, 15 Middle School students and 53 High School students). The d-95 City of Rancho Cucamonga Page 28 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact developer will be required to pay the appropriate schools fees prior to occupancy, Therefore, this impact is considered less-than-significant. In addition to the primaryand intermediate schools, the City of Rancho Cucamonga includes four high schools within the Chaffey Joint Unified School District. The Central School District and the Chaffey Joint Union High School District serve the project area~ Both school districts have been notified regarding the proposed development. A standard condition of approval will require the developer to pay the school impact fees. With this standard mitigation, impacts to the school districts are not considered significant. No impacts are anticipated. d) The site is in a developed area, currently served by the City of Rancho Cucamonga, The nearest parks are located .8 mile northeast (Red Hill Community Park) and southeast (Bear Gulch Neighborhood Park) from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities, A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga, The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5,9.9), the projected increase in library space under the General Plan will not meet the projected demand. The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated, Since the adoption of the General Plan, the City has planned a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City. 14. RECREATION. Would the project: ( v"') a) Increase the use of existing neighborhood and regional () () () parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require () () () ( v"') the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located 3/4 mile from the project site. Various recreational facilities are available within the City. According to the General Plan EIR, the City has approximately 261 acres of developed parks (excluding trails). Neighborhood parks range in size from .5 to 10 acres, while community parks generally range from 12 to 44 acres in size. The regional and community trail system within the City includes an additional 248 acres of ;29b City of Rancho Cucamonga Page 29 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Imoact recreational lands, Approximately 150 acres of proposed recreational lands exist within the City that has not yet been developed, Residents within the City also have limited use of school facilities for various recreational activities and sports leagues through agreements between the certain school districts and surrounding communities The City's current goal regarding parks involves designating 5 acres of parkland for every 1,000 residents, Based on this goal, the City is currently experiencing a deficiency of approximately 118,9 acres of developed parkland, The City currently collects 3 acres of parkland or in-lieu fees for every residential subdivision of 1,000 residences, Some additional sources of funding for parklands include general fund revenues, developer impact fees, State and Federal grants, user group contributions, school district joint use contributions, concessions, and encouraging large residential projects to incorporate private recreational facilities beyond the City's requirements. The General Plan EIR indicates the City estimates development of approximately 232 acres of recreational facilities (parks, special use facilities) by 2020, in addition to the currently designated 150 acres of designated area intended for recreational purposes, but not yet developed. These areas, when combined with the existing recreational facilities within the City, would total 891 acres, Based on the General Plan population projections for 2020, the City would require a total of 781 acres of parkland to meet the City's parkland goal. The proposed project would generate approximately 585 people and a standard condition of approval will require the developer to pay park development fees and/or designate area for parklands. With the projection of the General Plan for the availability of parklands exceeding demand, the project would not significantly impact recreational facilities within the City. b) See a) response'above, 15. TRANSPORT ATIONrrRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in () () () ( v"') relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of () () () ( v"') service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either () () () ( v"') an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards because of a design () () () ( v"') feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? () () () ( v"') f) Result in inadequate parking capacity? () () () ( v"') g) Conflict with adopted policies, plans, or programs () () ( v"') () supporting alternative transportation (e.g" bus turnouts, bicycle racks)? d291 City of Rancho Cucamonga Page 30 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Comments: a) Linocut Law & Greenspan Engineers conducted a Traffic Impact Study in July 2003, The study focused on seven intersections to determine the potential traffic impacts during the morning and evening commute peak hours (between 7:00 and 9:00 a.m. and 4:00 and 6:00 p,m. on a typical weekday, The study concluded that the project would generate on a typical weekday approximately 1,283 daily two-way trips, with 96 trips (15 inbound, 81 outbound) produced in the AM peak hour and 118 trips (79 inbound, 39 outbound) produced in the PM peak hour. The results of the traffic analysis indicated that the proposed project will not adversely impact any of the seven key study intersections when compared to City of Rancho Cucamonga, City of Upland, and San Bernardino County Congestion Management Plan (CMP) Level of Service standards and significance traffic impact criteria. The seven key study intersections currently operate, and are projected to operate with the inclusion of project traffic, at an acceptable service level during AM and PM peak commuter hours. As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load, in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections. The project site will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a transportation development fee that must be paid by the applicant prior to issuance of building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation, No impacts are anticipated. b) The project will generate 1,283 two-way peak hour trips, which is less than 250 two-way peak hour trips for non-retail land use; therefore, is below the threshold of the San Bernardino CMP criteria'for requiring a traffic impact analysis. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. No impacts are anticipated. c) Located approximately 3 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated, d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. Access to the site is from Foothill Boulevard and Red Hill Country Club Drive. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature, No impacts are anticipated, e) The project will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access. No impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will therefore not create an inadequate parking capacity. According to the City of Rancho Cucamonga Development Code, parking associated with the ;;z q g- City of Rancho Cucamonga Page 31 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Imoact project should be approximately 405 spaces; the project developer has provided a sufficient number of spaces, No impacts are anticipated, g) The project site is within the Foothill Corridor Mixed Use area within Subarea 1 of the Foothill Districts. According to the Rancho Cucamonga Draft General Plan Exhibit 111-13 "Hiking and Riding Trails Master Plan," the southeast portion of the site adjoins the abandoned Southern Pacific Rail Road - Proposed Multi-Purpose Regional Trail. The regional Multi-Purpose Trail serves as the backbone of the public trails system; covering long distances and connecting to regional parks, open space preserves, national forests, and other regional trails leading beyond the community. This trail should provide for equestrian, pedestrian, and bicycle use. The right-of-way standard for regional trails is 30 feet minimum width, The Planning Commission, based on physical constraints, may grant an exception to the standard. Additionally, according to Exhibit 111-7 "General Bikeway Plan," the site also adjoins a Class I (southeast portion of the site abandoned Southern Pacific Rail Road - Proposed Multi-Purpose Regional Trail) and Class II (Foothill Boulevard) Bikeway Plan, Class I consists of bicycle trails that are essentially "off-street" and separated from motor vehicles, They are a minimum of 8 feet in width for two-way travel and include bike lane signage and designating street crossing where needed. A Class I bike path may parallel a roadway (within the parkway) or may be a completely separate right-of-way that meanders through a neighborhood or along a flood control channel. Class II bikeways are located next to the curb or edge of paved roadway and are a minimum of 5 feet in width, They include bike lane signage, special lane lines, and other pavement markings. Adherence to the City of Rancho Cucamonga "Hiking and Riding Trails Master Plan," and "General Bikeway Plan," this impact is considered less-than-significant. The project design includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction (e.g" bus bays, bicycle racks, carpool parking, etc.), 16. UTILITIES AND SERVICE SYSTEMS. Would the project: (v'") a) Exceed wastewater treatment requirements of the () () () applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or () () (v'") () wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water () () ( v'") (. ) drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the () () () ( v'") project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment () () () (v'") provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to () ( ) () ( v'") accommodate the project's solid waste disposal needs? 02CJ9 City of Rancho Cucamonga Page 32 DRC2004-00339, -00352\8UBTT16605\DRC2003-00637\DRC2005_01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incorcorated Imoact Imoact g) Comply with Federal, State, and local statutes and regulations related to solid waste? (V") Comments: a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within the City of Ontario, neither of which are at capacity. The project is required to meet the requirements of the Santa Ana RWQCB regarding wastewater. No impacts are anticipated, b/e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity, The project is required to meet the requirements of the Santa Ana RWQCB regarding wastewater. CVWD is an independent special district that provides sewer collection, water treatment and distribution services to 152,000 customers in the City of Rancho Cucamonga, portions of the cities of Ontario, Fontana, and Upland, and a portion of the unincorporated area of the County. Annually, the CVWD adopts a five-year CIP for infrastructure improvements and new projects, Every five years, the CVWD completes a Water and Sewer Master Plan Study, which was most recently updated in 2000 (Cucamonga County Water District LAFCO Sphere/Service Review Report, September, 2002), The CVWD water sources include groundwater, surface ("Canyon") water, and imported water. There are currently a total of 23 groundwater wells (17 in the Cucamonga Basin and 6 in the Chino Basin). The CVWD total capacity of pumped groundwater production from both basins is 32,121 gallons per minute (gpm) (approximately 51,800 acre-feet/year). Capital improvement funds are budgeted annually to recondition and rehabilitate wells as needed, Three water treatment facilities treat local surface water and imported water. The total treatment capacity of all three plants is 57.5 million gallons per day (mgd) with an additional 18 mgd expected to be on-line in mid-2003, These plants currently provide treatment for an average of 32 mgd. The distribution system has approximately 230 miles of primary distribution lines. Pipelines include cement mortar lined and wrapped steel pipe and cement mortar coated steel pipe (Cucamonga County Water District LAFCO Sphere/Service Review Report, September, 2002). The CVWD funds water and sewer system capital improvements, primarily through developer fees ("Development Capacity Charges") for the right to connect to CVWD systems. The amount of the charge is based on the size of a meter installed for a new customer (Cucamonga County Water District LAFCO Sphere/Service Review Report, September, 2002). The project developer will be required to pay fees for service to the CVWD, The impact to the District's water treatment and distribution system is determined to be less-than-significant. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project would increase demand upon storm drain systems because of the increased runoff from new hardscape and rooftops proposed, A Final Drainage Report would address projected storm flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is fess- than-sign ificant. $bO City of Rancho Cucamonga Page 33 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incoroorated Imoact Imoact d) The project is served by the CVWD water system, There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. fIg) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs, Solid waste collection and disposal services are currently supplied by the City's contracted hauler and transported to the Mid-Valley Sanitary Landfill in the City of Rialto or other County landfills in the Valley. San Bernardino County of Public Works, Solid Waste Management Department (SWMD) operates the landfills, According to the General Plan EIR, the City generates approximately 270 tons of solid waste per day, The EIR indicates that the City would generate an increase of approximately 236 tons per day by 2020, which accounts for an 87 percent increase over the existing generated solid waste, The current permitted capacity of the Mid-Valley Landfill is estimated to the year 2035. SWMD does not foresee any significant impacts resulting from projected growth and solid waste generation since the countywide waste management system is planned for expansions to meet the growing demands within the County's service area. This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939, Therefore, no impacts are anticipated. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality () () (v") () of the environment, substantially reduce the habitat. of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually () () ( v") () limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () () ( v") ( ) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area surrounding the site is developed, Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. However, portions of the site support remnants of native scrub habitat of varying quality and composition, The occurrence potential for most special-status species associated with this habitat type would generally be considered low because of the fragmented (e,g., from various ~()/ City of Rancho Cucamonga Page 34 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imnact Incornorated Imoact Impact anthropogenic disturbances) and often degraded conditions (e,g., from invasive vegetation) of scrub habitats present, relatively small habitat patch sizes, and surrounding .Iand uses that have isolated the site from larger contiguous habitats. Nonetheless, the potential presence of several special-status species associated with scrub habitats (e.g" gnatcatcher, rufous-crowned sparrow, and sage sparrow) may impose some degree of constraint to development. Depending upon the particular species, as well as the nature, extent, and seasonal timing of proposed construction activities, special mitigation measures to avoid or reduce potential project-related impacts to these sensitive biological resources (if present) may be required pursuant to CEQA. The mitigation measures recommended under Section 4, Biological Resources, has addressed this concern. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan, The proposed project is consistent with the City of Rancho Cucamonga General Plan as proposed to be amended, The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere of Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space, With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. Adding pollutants to an area where air quality is a problem will have an affect on achieving goals, however, all pollutant levels area at a point below thresholds set to avoid adverse health effects associated with the pollutants. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed, The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels, Mitigation measures contained in this Initial Study will ensure impacts are at less- than-significant levels, .d 02 City of Rancho Cucamonga Page 35 DRC2004-00339, -00352\SUBTT16605\DRC2003-00637\DRC2005-01 061 \DRC2004-00826 EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis, The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (,(") General Plan FEIR (SCH#2000061 027, Certified October 17, 2001) (,(") Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (,(") Foothill Boulevard Specific Plan EIR (SCH #87021615, certified September 16, 1987) (,(") Cameo Homes Arborist Report and Tree Inventory, prepared by David Evans and Associates Revised February 2005. (,(") Eberhart Consultants, Inc, Geotechnical Investigation and Fault Study (,(") Ecological Sciences, Habitat Suitability Evaluation, July 2003 (,(") BridgeNet International, Exterior Noise Analysis, September, 2003 (,(") Linocut Law & Greenspan Engineers, Traffic Impact Study, July 2003 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. ~.~ \ -'--::::::,. .. Signature: ~ ~ Date: n ~- (.} -0 "', Print Name and Title: c~ l--\tl ("h::~ -.:5; s.~ / rt ,. ...:s(X: (C~S ,AsS(XI:~tQ-<<-.:, $03 RESOLUTION NO. 06-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2004-00339 TO ALLOW THE DEVELOPMENT OF LAND THAT CONTAINS A 30 PERCENT SLOPE UNDER SPECIFIED CONDITIONS, INCLUDING LAND, WITHIN A MIXED USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC ROAD RIGHT-OF-WAY; AND MAKING FINDINGS IN SUPPORT THEREOF _ APN: 0207-101-13,01 AND 34. A. Recitals. 1. Charles Joseph Associates filed an application for General Plan Amendment DRC2004-00339 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1 . This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on April 12, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to land having a 30 percent or greater slope that is located . south of Banyan Street, including an approximately 21 acres of land, basically an irregular configuration, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Road Right-of-Way, and is presently vacant. Said property is currently designated as Mixed Use; and b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and isdesignated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development; and S!J'I PLANNING COMMISSION RESOLUTION NO. 06-36 DRC2004-00339 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 2 c. Hillside Development criteria of the General Plan and Development Code were not intended to apply as uniformly as with a residential designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes, particularly those located north of Banyan Street. In this case we have a 20 acre fractured site surrounded by developed land located south of Banyan Street. In fact, the site has been so altered (Foothill Boulevard., R.R. Line, a water reservoir, and a water tank with graded access roads), that the site is no longer in a natural condition. Few, if any other sites with 30 percent slopes exist south of Banyan Street and so this amendment will have limited application in the City. Therefore, this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element by allowing for the implementation of the Mixed Use designation in this area; and e. In as much as an Office Commercial use allowed under the Mixed Use Designation would not be subject to the Hillside Density provisions of the General Plan and Development Code but would allow a non-residential project of the same or more intense building mass, this amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That tne proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. :3~5 PLANNING COMMISSION RESOLUTION NO. 06-36 DRC2004-00339 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 3 c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5{ c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment DRC2004-00339, by amending the General Plan Text, as shown in the attached Exhibits A, C, and D, and in accordance with the conditions shown below: PLANNING DEPARTMENT 1 ) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006. PLANNING C MI SION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Dan Coleman, Acting Secretary I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2006, by the following vote-to-wit: AYES: NOES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NON~ ABSTAIN: COMMISSIONERS: McPHAI L .$Ob % Natural Slo e 5 or less 5 to 7.9 8 to 14.9 15 to 29.9 30 and over EXHIBIT A TABLE 11I-27 SLOPE DEVELOPMENT GUIDELINES Guidelines This is not a hillside condition. Grading with conventional, fully padded lots and terracin is acce table. Development with grading is permitted in this zone, but existing landforms must retain their natural character. Padded building sites are permitted, however, techniques such as contour grading, combined slopes, limited cut and fill, and split level architecture, or padding for the structures only, may be required to reduce grading. When in conjunction with the techniques described above, and for a project within a master plan which includes special design features such as a golf course, extensive open space, or significant use of green belts or paseos, the Planning Commission may consider the use of mass grading techniques adjacent to these s ecial desi n features as artial com Iiance with this standard. This is a hillside condition. Special hillside architectural and design techniques that minimize grading are required in this zone. Architectural prototypes are expected to conform to the natural landform by using techniques such as split level foundations of greater than 18 inches, stem walls, stacking and clustering. In conjunction with the alternative techniques described above, and for a project within a master plan which includes special design features such as a golf course, extensive open space or significant use of green belts or paseos, the Planning Commission may consider padded building sites adjacent to those special features when it is found that said grading creates a better relationship between that s ecial desi n feature and the ad'acent lots. Development within this zone is limited to no more than the less visually prominent slopes, and then only where it can be shown that safety, environmental and aesthetic impacts can be minimized. Use of larger lots, variable setbacks and variable building structural techniques such as stepped, or pole foundations are expected. Structures shall blend with the natural environment through their shape, I materials, and colors. Impact of traffic and roadways is to be minimized by followin natural contours, or usin rade se arations. This is an excessive slope condition and development is prohibited, unless all the followino are satisfied: (i) the property is located south of Banyan Street; (ij) at least 75% of the lots or parcels that are the subiect of the development application are surrounded by lots or parcels improved with structures; and (iij) the proposed proiect is determined to appropriately address slope stability and other oeoloaical factors of the site. JIJ7 6.4.8.2 Hillside development should minimize alteration of the natural landforms and be clustered where feasible to retain maximum open space. Discussion: Our objectives for managing development in hillside areas are to maintain existing slopes, vegetation, wildlife corridors, drainage patterns, knolls, rock outcrops, and ridgelines wherever feasible. Furthermore, we should avoid development that would result in fire, flooding, landslide, erosion, and other safety hazards. We seek hillside development that limits the extent of grading alterations to natural landforms, and provides for innovate design and arrangement of building sites that retain significant natural habitats and features. Existina slopes, veaetation, wildlife corridors, drainaae patterns, knolls, rock outcrops, and ridaelines may be modified onlv if done in a manner consistent with the City's Hillside Development Ordinance. EXHIBIT C 3/)8 2.1.2 Geologic;: Hazards The City of Rancho Cucamonga, at the foothills of the San Gabriel Mountains, is primarily underlain by five different types of geologic deposits: . metamorphic basement rock of the eastern San Gabriel Mountains, . older alluvium underlying the Red Hill area, · alluvial fan deposits ranging from Pleistocene to recent times, · alluvial deposits in modern washes, and · wind-blown sands underlying the south-central portion of the City. These different types of geologic deposits, in large measure, control the distribution of geologic hazards in the City. They are further detailed on Exhibit V-2, Geology of Rancho Cucamonga. An additional component of our geologic heritage is reflected in Exhibit V-3, Soil Types of Rancho Cucamonga. Examination of these two exhibits reveals the clear dominance of alluvial fans that extend out from the San Gabriel Mountains. The alluvial areas are dominated by various degrees of sandy loam, although a significant deposit of wind-blown sands has importance in the southerly portion of our City. As discussed further in the policy section, a key consideration in how geologic and soil conditions are managed under our policies is the slope condition combined with these natural attributes. We make a distinction between slopes with the following characteristics, which are illustrated in Exhibit V-4, Slopes of Rancho Cucamonga: Slopes less than 10% slope: No special treatment is required because of slope. Slopes between 10 and 30%: Special treatment under our hillside development standards is required. Slopes in excess of 30%: No development is permitted in these areas, unless all the followinQ are satisfied: (i) the property is located south of Banyan Street: (ij) at least 75% of the lots or parcels that are the subiect of the development application are surrounded by lots or parcels improved with structures: and (iii) the proposed proiect is determined to appropriately address slope stability and other oeolooical factors of the site. It is important to keep in mind, particularly in the hillside development areas, that geologic and soil conditions can cause properties of a similar steepness to be managed differently because of differences in their vulnerability to erosion, failure, or other complications resulting from grading and development activity. Our debris.flow hazard depends on numerous factors: soil depth and composition, the kind of vegetation and the size of tree roots, subtle variations in slope shape, road cuts, drainage pipes, incongruities in underlying bedrock, and even the presence of small animal burrows. In addition, water can collapse a slope after traveling beneath the surface from miles away. EXHIBIT 0-1 d69 2.3.2. Geological Hazards 2.32.1 We shall continue enforcement of our Hillside Development Guidelines to ensure prudent development and redevelopment for all property greater than 10% in slope, and continue to preserve as open space property greater than 30% in slope. except as otherwise provided below. Discussion: The most effective way we have to protect lives and property from debris flows and slope instability is to continue to prohibit development on property that exceeds about 30% in slope, in accordance with current ordinances, unless all the followina are satisfied: (j) the property is located south of Banyan Street; (ij) at least 75% of the lots or parcels that are the subiect of the development application are surrounded by lots or parcels improved with structures; and (iij) the proposed proiect is determined to appropriately address slope stability and other aeoloaical factors of the site.. Property having a natural slope between 1 0% and 30% can be made unstable by activities of man. Therefore, we have adopted hillside development guidelines for those areas. Our hillside development guidelines enforce the existing grading standards and require aesthetic treatments that both improve the appearance of the hillsides and preserve the stability of the slopes. These measures include returning slopes to their natural appearance and steepness after grading. Environmental preservation of the eastern San Gabriel Mountains is also required to reduce debris flow potential. Development of the hillside terrain will only increase the potential for debris flows to damage the City unless the situation is carefully managed. EXHIBIT 0-2 ~//) City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The fol/owing Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-0 1061, and Minor Development Review DRC2004-00826 Public Review Period Closes: April 12, 2006. Project Name: Project Applicant: Charles Joseph Associates . Project Location (also see attached map): Located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Road Right-of-Way _ APN: 0207-101-13,31, and 37; and 8318 Foothill Boulevard - APN: 0207-101-24. Project Description: An application to amend the General Plan and Development Code to allow the development of land that contains a 30 percent slope within a mixed use area within Subarea 1 of the Foothill Districts; a residential subdivision of 8 lots for condominium purposes, and design review of building elevations and detailed site plan for 206 condominiums on 21 acres of land in the western Foothill Boulevarq Mixed Use Corridor area within Subarea 1 of the Foothill Districts; and a request to reduce the parking lot setback from 45 feet minimum to 10 feet of an existing parking lot, and a request to construct a parking lot, loading area modifications, and covered patio area at the Historical Sycamore Inn Restaurant. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477.2750 or Fax (909) 477.2847. NOTICE The public is invited to comment on the propose itigated Negative Declaration during the review period. .3// April 12. 2006 Date of Determination RESOLUTION NO. 06-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2004-00352, AN APPLICATION TO AMEND THE DEVELOPMENT CODE TO ALLOW THE DEVELOPMENT OF THE LAND THAT CONTAINS A 30 PERCENT SLOPE WITHIN A MIXED-USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAIL ROAD RIGHT-OF-WAY - APN: 0207-101-13, 01 AND 34; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1 . Charles Joseph Associates filed an application for Development Code Amendment DRC2004-00352, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 12th day of April 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on April 12, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 21 acres of land, basically an irregular configuration, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Road Right-of-Way, and is presently vacant. Said property is currently designated as Mixed Use; and b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development. .312 PLANNING COMMISSION RESOLUTION NO. 06-37 DRC2004-00352 - CHARLES JOSEPH ASSOCIATES Apri/12" 2006 Page 2 c. Hillside Development criteria of the General Plan and Development Code were never intended to apply as uniformly as with a residential designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes; in this case we have a 20 acre fractured site surrounded by developed land. In fact, the site has been so altered (Foothill Boulevard., A.R. Line, a water reservoir, and a water tank with graded access roads, that the site is not natural as to not even being within the intent of the Hillside density requirement of the Development Code. Therefore, this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element by allowing for the implementation of the Mixed Use designation in this area; and a. In as much as an Office Commercial use allowed under the Mixed Use Designation would no be subject to the Hillside Density provisions of the General Plan and Development Code but would allow a non-residential project of the same or more intense building mass, this amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. ~J~ PLANNING COMMISSION RESOLUTION NO. 06-37 DRC2004-00352 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 3 b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5( c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5( c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment DRC2004-00352 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006 BY: MISSION OF THE CITY OF RANCHO CUCAMONGA ATTEST: Dan Coleman, Acting Secretary I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2006 by the following vote-to-wit: NOES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART COMMISSIONERS: NONE AYES: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL d/'I A. Recitals. 1. Charles Joseph Associates filed an application for the approval of Tentative Tract Map SUBTT16605, as described in the title of this Resolution. Hereinafter: in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 12th day of April 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. . 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on April 12, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way, with a street frontage of 560 feet and lot depth of 620 feet, and is presently improved with an abandoned water reservoir; and b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: :?;/s PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 2 a. The tentative tract map is designed in conformance with the Mixed Use Designation and Hillside Development Regulations as recommended for amendment, therefore, the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The tentative tract map design and conditions of approval for improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The tentative tract map and special studies included within the Initial Study demonstrate, the site is physically suitable for the type of development proposed; and d. The tentative tract map and special studies included within the Initial Study support the design of the subdivision and demonstrate it is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. . The tentative tract map is not likely to cause serious public health problems as demonstrated by the information contained within the Initial Study; and f. The design of the tentative tract map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5( c-1-d) of Title 14 of the California Code of Regulations. ~/6 PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 3 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannino Department 1) Approval of Tentative Tract SUBTT16605 is granted contingent upon approval of General Plan Amendment DRC2004-00339 and Development Code Amendment DRC2004-00352. 2) Subject to the approval by the Planning Commission of Development Review DRC2003-00637 and all applicable conditions thereto. Enqineerino Deoartment 1) Dedicate Lot B to the City. 2) Extend Master Plan Storm Drain Line 11I-1 from its current terminus south of Foothill Boulevard (south of the Pacific Electric RR trail) to Red Hill Country Club Drive, to the satisfaction of the City Engineer. Standard drainage fees for the site shall be credited to the cost of permanent master plan facilities, in accordance with City policy. The developer may request a reimbursement agreement to recover oversizing costs, in excess of fees, from future development within the same tributary area. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. a) Construct private, on-site storm drains to collect all project runoff and discharges from adjacent properties and convey to the Master Plan Storm Drain. "Adjacent properties" include the redeveloped Sycamore Inn parking lot and other properties. b) Final drainage study shall also determine the need for local storm drain facilities in Foothill Boulevard to maintain Q10 1 O-foot dry lanes, Q25 under top-of-curb, and Q100 within right-of-way. c) The Master Plan Storm Drain shall allow for City access to manholes. Provide manholes at public-private junctions. 3) Proposed driveway entrance (street type) on Foothill Boulevard shall align with San Bernardino Road on the south side. 4) Provide a driveway aisle from Foothill.Boulevard to the condo project with three lanes: one entry lane, 14 feet wide continuing to the condo project, and two outbound lanes, one 14-foot right-tum and one 11-foot for through/left-turn lane and to extend from the condo project to Foothill Boulevard. .317 PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 4 5) Record an access easement across the Sycamore Inn property, from the signalized drive approach to the project entry, prior to final map approval. If not successful, re-design the project to take right-turn-only access to Foothill from its own frontage (no median break). 6) Driveway accent paving shall be located outside the ultimate rights-of-way. 7) Coordinate installation of Foothill Boulevard frontage improvements with the City project. 8) Modify the existing traffic signal at Foothill Boulevard and San Bernardino Road, as needed. 9) Foothill Boulevard Parkway improvements, including special streetlights, street trees.. sidewalk, and median, shall conform to the Foothill Boulevard Districts guidelines outlined in the Development Code and the Route 66/Foothill Boulevard Visual Improvement Plan. 10) Make a contribution in-lieu of construction for the prorated share of the project for a future landscaped median on Foothill Boulevard. 11) On the Red Hill Country Club Drive frontage, install street improvements per the attached Standard Conditions, and per City standards, to the satisfaction of the City Engineer. Improvements shall extend from the project site north to join those south of Calle Carabe for pedestrian traffic. a) Vehicle access on Red Hill Country Club Drive shall be emergency access only (not an "Exit Only" access.) Drive approach shall be installed per Standard Drawing 105-C, with thicker concrete or reinforced sidewalk to meet Fire District standards. b) The curb-adjacent sidewalk shall have a minimum 6-foot width, per City standards. Install retaining walls as required. c) Provide 5,800 lumen streetlights along the frontage. 12) Parkways shall slope at 2 percent from 1 foot behind the sidewalk to the top of the curb, along all street frontages. 13) On-site terminus to drive aisle that ends at emergency access to Red Hill Country Club Drive shall be approved by the City Traffic Engineer. 14) Process a Lot Line Adjustment on the lot lines shared with the Sycamore Inn property so that they correspond with the proposed improvements and in particular, so that lot lines are at tops of slopes. .3/~ PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 5 15) Draining onto the Pacific Electric RR trail and the public right-of-way fronting Foothill Boulevard is not approved. Provide private drainage facilities to. direct flows to the Master Plan Storm Drain, including concrete ditch at the toe of the 2:1 slope along the property line. 16) The existing overhead utilities (telecommunications and electrical) from the project site to the south side of Foothill Boulevard and the overhead utilities from the project site to the pole 120 feet north of the site shall be undergrounded, prior to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (or redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the .City, all rights of the developer to reimbursement shall terminate. 17) The Water Quality Management Plan (WQMP) dated June 17,2005, has been conceptually reviewed and the following items need to be completed: a) Section 1.2 - Provide permit numbers [List Tract. PMT# and WDID#] b) Section 2.1 - Provide source for Mill Creek (Hydrologic Unit No. 801.24) c) Section 3.2 - Check Section numbers for Section 3.2, 3.3, and 3.4. d) Section 3.2 - The City of Rancho Cucamonga Catch Basin Labeling Standard is: "Keep Gutters Clean For Those Down Stream." e) Section 3.2 - Roof Runoff Controls (SD-11): Provide source for comment that "Infiltration practices are not recommended in San Bernardino County due to potential impact to groundwater resources." f) Section 3.3 - Bacteria and Viruses should be a "yes" since they are expected/potential pollutants of concern. g) Section 4 - The City of Rancho Cucamonga Catch Basin Labeling Standard is: "Keep Gutters Clean For Those Down Stream." h) Section 6 - Notarize and record the City's "Memorandum of Agreement of Storm Water Quality Management Plan" (Copies are available at Engineering's front counter). 3/1 PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 6 i) Plan Review - Locate proposed Best Management Practices (BMPs) on the Grading Plan. 18) Maintenance of BMPs identified in the WQMP shall be addressed in the project Covenants, Conditions, and Restriction (CC&Rs). Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers" specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, orthat their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD), as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: . Reestablish ground cover on the construction site through seeding and watering. . Pave or apply gravel to anyon-site haul roads. · Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. . Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. 326 PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 7 . Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. . Suspend grading operations during high winds (Le., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. . Maintain a minimum 24-inch freebpard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM1O) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) In accordance with the Tree Preservation Ordinance, a tree preservation and replacement program based on the following priorities will be submitted and approved by the City Planner prior to the issuance of grading permits: 1) preserve-in-place healthy trees, 2) if trees cannot be preserved-in-place, then transplant elsewhere on-site, and as a last resort, 3) remove and replace with largest nursery grown stock available. Cultural Resources 1) If any paleontological resource (Le. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (Le., 32/ PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 8 paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: · Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. · Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. · Pursue educating the public about the area's archaeological heritage. · Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. · Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (Le. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (Le., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: · Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. · Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. · Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (Le., San Bernardino County Museum). 322 PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 9 Geology and Soils 1) The site shall be treated with water or other soil~stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce (PMlO) emissions, in accordance with SCAQMD Rule 403, or replanted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PMlO emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMlO emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMlO emissions. 5) Fill slopes 30 feet or less in height should have a keyway toe (a special backfilled excavation, which is constructed beneath the toe area of a planned fill slope on sloping ground to improve the stability of the slope). Fill slopes greater than 30 feet in height should have a keyway width equal to one-half the slope height with a depth of 5 feet at the keyway toe. All keyways should be tilted a minimum of 2 percent towards the back of the keyway. 6) Backcuts for stabilized slopes 30 feet or less in height should be excavated at a 2:1 gradient. Backcuts for stabilized slopes greater than 30 feet in height can be excavated at gradients up to 1.5:1 provided the fill at the top of these slopes is at least 15 feet thick. All stabilized slopes should be constructed and drained in accordance with the specifications and details in Appendix H of the Geotechnical Investigation and Fault Study (specifications 5.50 thru 5.57). Adherence to these design specifications would ensure stable construction slopes. 7) For residences, setbacks from bottom outer edges of foundations, walls, etc. adjacent a top-of-slope should be setback from the slope face a horizontal distance of one-third the slope height under consideration in accordance with the 1997 Uniform Building Code. The horizontal distance should not be less than 5 feet. 8) Buildings adjacent the toe of a slope should be set back a horizontal distance equal to one-half the vertical height of the slope in accordance with the 1997 Uniform Building Code with minimum and maximum setbacks of 3 feet and 15 feet, respectively. .323 PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 10 9) All slopes should be landscaped with drought resistant vegetation. A landscape architect should be consulted for recommendations on appropriate plant types and planting configuration. 10) Interim measures should be considered to protect the slopes prior to the establishment of landscaping. These measures may include the utilization of geotechnical erosion fabrics or acceptable alternatives. 11) Drainage devices should be inspected and maintained at regular intervals and should not be obstructed. 12) The slopes should be periodically inspected for the presence of burrowing rodents. If an infestation of burrowing rodents is confirmed, they should be eliminated from the'slopes. 13) Provisions should be made to interrupt automatic timing devices of irrigation systems during the rainy seasons. Hydrology and Water Quality Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. . 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 32'/ PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 11 5) It shall be the hired contractor's responsibility to inspect and maintain all BMPs in good working order. Inspection and maintenance responsibility shall remain for the duration of the project. Post-Construction Operational: 6) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by Hall and Foreman, Inc. dated May 2004 to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 9) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the NPDES General Construction Storm Water Permit from the State Water Resources Control Board. Evidence thatthis has been obtained (Le., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02 .120-D, as measu red at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Planning Department. Said consultant shall report their findings to the Planning Department within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning 3.2.5 PLANNING COMMISSION RESOLUTION NO. 06-38 SUBTT16605 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 12 Department. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level 0f compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 5) Once building plans are submitted for permits, an interior noise analysis shall be done for buildings in this project to determine the type of building materials to be used to ensure that buildings meet interior noise standards of 45dB CNEL. 6) Noise barriers should be constructed around the patios and balconies of the buildings along the southern portion of the project site, adjacent to Foothill Boulevard. The first floor patio barriers shall be 5 1/2 feet in height and the second and third floor balcony barriers shall be 5.0 feet in height. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006. PLANNING 0 MISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Dan Coleman, Acting Secretary I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL $16 " City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-Q0352, Tentative Tract Map SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01061, and Minor Development Review DRC2004-00826. This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 1. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 2. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance ofthe conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 1. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: 327 MITIGATION MONITORING PROGRAM DRC2004-00339, -00352\SU BTT16605\DRC2003-00637\DRC2005-0 1061 \DRC2004-00826 April 12,2006 ' Page 2 City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 2. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 3. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 4. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 5. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 6. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 7. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 8. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. 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COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: TENTATIVE TRACT MAP SUBTT16605 SUBJECT: SYCAMORE VILLAS APPLICANT: CHARLES JOSEPH ASSOCIATES NORTHSIDE OF FOOTHILL BOULEVARD BETWEEN RED HILL COUNTRY CLUB DRIVE LOCATION: AND SAN BERNARDINO ROAD ALL OF THE FOLLOWING CONDITIONS APPL Y TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Comoletion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its -1_1_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or . employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _1_1_ Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. c. Site Development 1. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _1-1_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 2. Approval of this request shall not waive compliance with all sections of the Development Code, all _1-1_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 3. Street names shall be submitted for City Planner review and approval in accordance with the -1-1_ adopted Street Naming Policy prior to approval of the final map. 1 339 Project No.8UBTT16605 Completion Date 4. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the ~_/_ Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 5. All parkways, open areas, and landscaping shall be permanently maintained by the property ~~_ owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 6. The developer shall submit a construction access plan and schedule for the development of all _/~_ lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phorie listing for community concerns, hours of construction activity, dust control measures, and security fencing. D. Parking and Vehicular Access (indicate details on building plans) 1. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on ~_/_ this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. E. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of ~_/_ implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $475.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. APPLICANT SHAll CONTACT THE ENGINEERING DEPARTMENT, (909) 4n-2740, FOR COMPLIANCE WITH THE FOllOWING CONDITIONS: F. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 60 total feet on Foothill Boulevard. oroiect site and Sycamore Inn FrontaQe. 30 total feet on Red Hill Countrv Club Drive. 3. Vehicular access rights shall be dedicated to the City for the following streets, except for approved openings: Red Hill Countrv Club Drive. 4. . Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 2 _/~- ~~- _/_/- _/~- ~_/- _/~- g'l~ Project No.SUBTT16605 Comoletion Date 5. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint ~~_ maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 6. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the ~~_ final map. 7. Easements for public sidewalks trees placed outside the public right-of-way shall be dedicated to _/~_ the City. 8. The developer shall make a good faith effort to acquire the required off-site property interests ~~_ necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462.5 at such time as the City decides to acquire the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City if the City decides to acquire the off-site property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited to: Master Plan Storm Drain south of Foothill Boulevard.. . G. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped ~~_ areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Pursuant to City Council Resolution No. 88-557, no person shall make connections from a source _/~_ of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 3. Construct the following perimeter street improvements including, but not limited to: ~~_ Curb & A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Foothill Boulevard, project X X (c) (e) X X (d) (f) site and Sycamore Inn (g) frontage (h) (i) Red Hill Country Club X X X X X X (g) Drive Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for tRis item. (e) Street type (f) ADA access ramps. (g) Necessary drainage facilities. (h) Depending on school district requirements, provide a bus bay Westbound Foothill Boulevard eastof drive entrance; dedicated additional right-of-way as necessary. (i) Modify traffic signal at Foothill Boulevard and San Bernardino Road. 4. Improvement Plans and Construction: 3 3l// Project No.SUBTT16605 ComOletion Date a. Street improvement plans, including street trees, street lights, and intersection safety lights ~ _/_ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a ~_/_ construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and _/~_ interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction ~ ~_ project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of SCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No.6 at intersections and No.5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City _/~_ Standards or as directed by the City Engineer. . f. Existing City roads requiring construction shall remain open to traffic at all times with _/ _/_ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be ~...:....-/_ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. ~~_ 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in _/~_ accordance with the City's street tree program. 4 3'12 Project No.SUBTT16605 Completion Date 6. Install street trees per City street tree design guidelines and standards as follows. The completed _/ -'_ legend (box below) and construction notes. shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1 )." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Foothill Boulevard in Prunus X N.C.N. 3 ft. 20' O.C. informal 15 gal. Fill in R.O.w. and Median Blireiana groupings not more than 25% of total frontage trees. Foothill Boulevard on- Platanus London Plane 8 ft. Space per on-site plans- 15 gal. site acerifolia Tree 30' O.C. suggested Foothill Country Club Platanus London Plane 8 ft. 30'O.C. 15 gal. Drive acerifolia Tree Construction Notes for Street Trees: 1) All street trees are to be planted in accordance With City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with _/_/_ adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. H. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting -'-'_ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective -'_/_ Beautification Master Plan: Foothill Boulevard I. Drainage and Flood Control 1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection -1-1_ measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. 2 It shall be the developer's responsibility to have the current FIRM Zone ~designation removed -1_/_ from the project area. The developer shall provide drainage and/or flood protection facilities sufficient to obtain an unshaded "X" designation. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 3 A final drainage study shall be submitted to and approved by the City Engineer prior to final map -1-1_ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 5 .3' '13 Project No.SUBTT16605 Completion Date 4. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the ~ ~_ property from adjacent areas. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured ~~_ from the outer edge of a mature tree trunk. J. Utilities 1. The developer shall be responsible for the relocation of existing utilities as necessary. _/~_ 2. Water and sewer plans shall be designed and constructed to meet the requirements of the ~_/_ Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 3. Approvals have not been secured from all utilities and other interested agencies involved. ~~_ Approval of the final parcel map will be subject to any requirements that may be received from them. K. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into one ~_/_ parcel prior to issuance of building permits. 2. An easement for a joint use driveway shall be provided prior to final map approval or issuance of ~ _/_ building permits, whichever occurs first, for: 3. Permits shall be obtained from the following agencies for work within their right of-way: San ~~_ Bernardino Area Government. 4. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all _/~_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 5. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall ~~_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWI~G CONDITIONS: SEE ATTACHED 6 ..8 '1'1 RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS July 14, 2004 Charles Joseph & Associates Cameo/Sycamore Town Homes N/S foothill Blvd between San Bernardino & Baker DRC2003-00637 & SUBTT16605 MFR complex THE FOLLOWING STANDARD CONDITIONS APPL V TO THIS PROJECT. The public water supply must be tested by CVWD at the point of connection. The test must be conducted prior to the issuance of permits for the Commercial or Condominium buildings in the development. The water supply must meet or exceed the minimum fire flow requirement for the most demanding building. All Structures must be equipped with automatic fire sprinklers "thought-out" in accordance to NFPA 13. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The maximum distance between fire hydrants in multi-family residential projects is 400-feet. No portion of the exterior wall shall be located more than 200-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 150-feet. c. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential project from the public roadways. ii. At intersections. Hi. On the right side of the street, whenever practical and possible. iv. As required by the Fire Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (40') from any building. .3'15 d. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. e. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems 1. Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and the approved RCFPD alternative method require that all structures in this development be equipped with automatic fire sprinklers in accordance to NFPA 13 "Fully Sprinklered". FSC-5 Fire Alarm System 1. Per the approved alternative method all sprinkler systems in this development must be monitored by a listed central station fire alarm system. Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code. 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. 2 ..3 '/6 FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access - Fire Lanes Standard 9-7. 1. Location of Access: All portions of the structures 151 story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14- feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4. Access Walkways: Hardscape access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1. The following design requirements apply: a. All automatic gates shall be provided with a Fire District approved, compatible traffic pre- emption device. The devices shall be digital. Analog devices are not acceptable. Devices shall be installed in accordance with the manufacturer's instructions and specifications. b. Vehicle access gates shall be provided with an approved Fire District Knox Key Switch. c. The key switch shall be located outside and immediately adjacent to the gate for use in the event that the traffic pre-emption device fails to operate. 3 3Lj7 d. A traffic loop device must be installed to allow exiting from the complex. e. The gate . shall remain in the open . position for not less than 20-minutes and shall automatically reset. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: The approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. . Public Assembly, LPG or Gas Fuel Vehicles in Assembly Buildings . Tents, Canopies and/or Air Supported Structures, Liquefied Petroleum Gases FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1. Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: a. Is located on property which is not under the control of the applicant; or b. Crosses a property line; or c. Is shared by multiple owners; or d. Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: 4 .3 L/<J a. The current title reports to provide a legal description and proof of ownersh'ip for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surface shall be provided. The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances a. Pass through or are located on property not under the control of the applicant; or b. Crosses a property line; or c. Provide service to adjacent properties; or d. Is located on common space under the control of an owner's association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino. Chronoloqical SUmmary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS - Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and 5 ..3 L/ 9 witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. . 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on- site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 6 356 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and .the maintenance of all required fire access roadways. 9. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 10. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi- family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 W' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 7 351 RESOLUTION NO. 06-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2003-00637 FOR 206 CONDOMINIUM UNITS IN THE MIXED USE DISTRICT, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAIL ROAD RIGHT-OF-WAY, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-101-13,31 AND 34. A. Recitals. 1. Charles Joseph Associates filed an application for Development Review DRC2003-00637, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application." 2. On the 12th day of April 2006, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows:. 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 4. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development. 5. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby specifically finds and concludes as follows: 352 PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 2 a. Subject to the amendment of the Hillside Provisions of the General Plan the Mixed Use designated Project has demonstrated through the plans, Initial Study, and conditions of Approval that the proposed project is consistent with the objectives of the General Plan; arid b. Subject to the amendment of the Hillside Provisions of the Development Code, the Mixed Use designated project has demonstrated through the plans, Initial Study, and Conditions of Approval that the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed design is in compliance with each of the applicable provisions of the Mixed Use designation and Hillside Regulations as recommended for amendment in the Development Code; and d. The Mixed Use designed project has demonstrated through the plans, Initial Study, and Conditions of Approval that the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 6. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessmentfor the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5( c-1-d) of Title 14 of the California Code of Regulations. 7. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. 353 PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 3 Planninq Department 1) Approval of Development Review DRC2003-00637 is granted contingent upon approval of Variance DRC2005-01 061, Minor Development Review DRC2004-00826, General Plan Amendment DRC2004-00339, and Development Code Amendment DRC2004-00352. 2) Subject to the approval by the Planning Commission of Development Review DRC2003-00637 and all applicable conditions thereto. 3) Tree Removal Permit DRC2004-00082 is hereby approved subject to replacement planting per the mitigation measures. Enqineerinq Department 1) Dedicate Lot B to the City. 2) Extend Master Plan Storm Drain Line 11I-1 from its current terminus south of Foothill Boulevard (south of the Pacific Electric RR trail) to Red Hill Country Club Drive, to the satisfaction of the City Engineer. Standard drainage fees for the site shall be credited to the cost of permanent master plan facilities, in accordance with City policy. The developer may request a reimbursement agreement to recover oversizing costs, in excess of fees, from future development within the same tributary area. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. a) Construct private, on-site storm drains to collect all project runoff and discharges from adjacent properties and convey to the Master Plan Storm Drain. "Adjacent properties" include the redeveloped Sycamore Inn parking lot and other properties. b) Final drainage study shall also determine the need for local storm drain facilities in Foothill Boulevard to maintain Q10 10-foot dry lanes, Q25 under top-of-curb, and Q1(jo within right-of-way. c) The Master Plan Storm Drain shall allow for City access to manholes. Provide manholes at public-private junctions. 3) Proposed driveway entrance (street type) on Foothill Boulevard shall align with San Bernardino Road on the south side. 4) Provide a driveway aisle from Foothill Boulevard to the condo project with three lanes: one entry lane, 14 feet wide continuing to the condo project, and two outbound lanes, one 14 foot right-turn and one 11-foot for through/left-turn lane and to extend from the condo project to Foothill Boulevard. 35'1 PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 4 5) Record an access easement across the Sycamore Inn property, from the signalized drive approach to the project entry, prior to final map approval. If not successful, re-design the project to take right-turn-only access to Foothill from its own frontage (no median break). 6) Driveway accent paving shall be located outside the ultimate rights-of-way. 7) Coordinate installation of Foothill Boulevard frontage improvements with the City project. 8) Modify the existing traffic signal at Foothill Boulevard and San Bernardino Road, as needed. 9) Foothill Boulevard Parkway improvements, including special streetlights, street trees, sidewalk, and median, shall conform to the Foothill Boulevard Districts guidelines outlined in the Development Code and the Route 66/Foothill Boulevard Visual Improvement Plan. 10) Make a contribution in-lieu of construction for the prorated share of the project for a future landscaped median on Foothill Boulevard. 11) On the Red Hill Country Club Drive frontage, install street improvements per the attached Standard Conditions, and per City standards, to the satisfaction of the City Engineer. Improvements shall extend from the project site north to join those south of Calle Carabe for pedestrian traffic. a) Vehicle access on Red Hill Country Club Drive shall be emergency access only (not an "Exit Only" access.) Drive approach shall be installed per Standard Drawing 105-C, with thicker concrete or reinforced sidewalk to meet Fire District standards. b) The curb-adjacent sidewalk shall have a minimum 6-foot width, per City standards. Install retaining walls as required. c) Provide 5,800 lumen streetlights along the frontage. 12) Parkways shall slope at 2 percent from 1 foot behind the sidewalk to the top of the curb, along all street frontages. 13) On-site terminus to drive aisle that ends at emergency access to Red Hill Country Club Drive shall be approved by the City Traffic Engineer. 14) Process a Lot Line Adjustment on the lot lines shared with the Sycamore Inn property so that they correspond with the proposed improvements and in particular, so that lot lines are at tops of slopes. 3SS PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 5 15) Draining onto the Pacific Electric Rail Road trail and the public right-of-way fronting Foothill Boulevard is not approved. Provide private drainage facilities to direct flows to the Master Plan Storm Drain, including concrete ditch at the toe of the 2:1 slope along the property line. 16) The existing overhead utilities (telecommunications and electrical) from the project site to the south side of Foothill Boulevard and the overhead utilities from the project site to the pole 120 feet north of the site shall be undergrounded, prior to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (or redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 17) The Water Quality Management Plan (WQMP) dated June 17,2005, has been conceptually reviewed and the following items need to be completed: a) Section 1.2 - Provide permit numbers [List Tract, PMT# and WDID#] b) Section 2.1 - Provide source for Mill Creek (Hydrologic Unit No. 801.24) c) Section 3.2 - Check Section numbers for Section 3.2, 3.3, and 3.4. d) Section 3.2 - The City of Rancho Cucamonga Catch Basin Labeling Standard is: "Keep Gutters Clean For Those Down Stream." e) Section 3.2 - Roof Runoff Controls (SD-11): Provide source for comment that "Infiltration practices are not recommended in San Bernardino County due to potential impact to groundwater resources. " f) Section 3.3 - Bacteria and Viruses should be a "yes" since they are expected/potential pollutants of concern. g) Section 4 - The City of Rancho Cucamonga Catch Basin Labeling Standard is: "Keep Gutters Clean For Those Down Stream. " h) Section 6 - Notarize and record the City's "Memorandum of Agreement of Storm Water Quality Management Plan" (Copies are available at Engineering's front counter). 35~ PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 6 i) Plan Review - Locate proposed Best Management Practices (BMPs) on the Grading Plan. 18) Maintenance of BMPs identified in the WQMP shall be addressed in the project Covenants, Conditions, and Restriction (CC&Rs). Environmental Mitioation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers" specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD), as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: · Reestablish ground cover on the construction site through seeding and watering. · Pave or apply gravel to anyon-site haul roads. · Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. · Schedule activities .to minimize the amounts of exposed excavated soil during and after the end of work periods. · Dispose of surplus excavated material in accordance with local . ordinances and use sound engineering practices. 357 PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 7 · Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. · Suspend grading operations during high winds (Le., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. · Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PMlO) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) In accordance with the Tree Preservation Ordinance, a tree preservation and replacement program based on the following priorities will be submitted and approved by the City Planner prior to the issuance of grading permits: 1) preserve-in-place healthy trees, 2) if trees cannot be preserved-in-place, then transplant elsewhere on-site, and as a last resort, 3) remove and replace with largest nursery grown stock available. Cultural Resources 1) If any paleontological resource (Le. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide 35<6 PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 8 specific recommendations regarding further mitigation measures (Le., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: · Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. · Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. · Pursue educating the public about the area's archaeological heritage. . · Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. · Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (Le., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: · Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. · Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. · Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (Le., San Bernardino County Museum). 359 PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 9 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce (PMlO) emissions, in accordance with SCAQMD Rule 403, or replanted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PMlO emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMlO emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMlO emissions. 5) Fill slopes 30 feet or less in height should have a keyway toe (a special backfilled excavation, which is constructed beneath the toe area of a planned fill slope on sloping ground to improve the stability of the slope). Fill slopes greater than 30 feet in height should have a keyway width equal to one-half the slope height with a depth of 5 feet at the keyway toe. All keyways should be tilted a minimum of 2 percent .towards the back of the keyway. 6) Backcuts for stabilized slopes 30 feet or less in height should be excavated at a 2:1 gradient. Backcuts for stabilized slopes greater than 30 feet in height can be excavated at gradients up to 1.5:1 provided the fill at the top of these slopes is at least 15 feet thick. All stabilized slopes should be constructed and drained in accordance with the specifications and details in Appendix H of the Geotechnical Investigation and Fault Study (specifications 5.50 thru 5.57). Adherence to these design specifications would ensure stable construction slopes. 7) For residences, setbacks from bottom outer edges of foundations, walls, etc. adjacent a top-of-slope should be setback from the slope face a horizontal distance of one-third the slope height under consideration in accordance with the 1997 Uniform Building Code. The horizontal distance should not be less than 5 feet. 8) Buildings adjacent the toe of a slope should be set back a horizontal distance equal to one-half the vertical height of the slope in accordance with the 1997 Uniform Building Code with minimum and maximum setbacks of 3 feet and 15 feet, respectively. 9) All slopes should be landscaped with drought resistant vegetation. A landscape architect should be consulted for recommendations on. appropriate plant types and planting configuration. 3~{) PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 1 0 10) Interim measures should be considered to protect the slopes prior to the establishment of landscaping. These measures may include the utilization of geotechnical erosion fabrics or acceptable alternatives. 11) Drainage devices should be inspected and maintained at regular intervals and should not be obstructed. 12) The slopes should be periodically inspected for the presence of burrowing rodents. If an infestation of burrowing rodents is confirmed, they should be eliminated from the slopes. 13) Provisions should be made to interrupt automatic timing devices of irrigation systems during the rainy seasons. Hydrology and Water Quality Construction Activities: 1) Priorto issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) It shall be the hired contractor's responsibility to inspect and maintain all BMPs in good working order. Inspection and maintenance responsibility shall remain for the duration of the project. 3~/ PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCfA TES April 12, 2006 Page 11 Post-Construction Operational: 6) The developer shalf implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by Half and Foreman, Inc. dated May 2004 to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shalf be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) Prior to issuance of building permits, the applicant shalf submit to the City Engineer for approval a WQMP, including a project description and identifying BMPs that will be used on-site to reduce polfutants into the storm drain system to the maximum extent practicable. The WQMP shalf identify the structural and non-structural measures consistent with the Guidelines for New Development ,and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 9) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the NPDES General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (Le., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shalf not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shalf not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Planning Department. Said consultant shall report their findings to the Planning Department within 24 hours; however, if noise levels exceed the above standards, then the consultant shalf immediately notify the Planning Department. If noise levels exceed the above standards, then construction activities shalf be reduced in intensity to a level of compliance with above noise standards or halted. 3iP2 PLANNING COMMISSION RESOLUTION NO. 06-39 DRC2003-00637 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 12 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 5) Once building plans are submitted for permits, an interior noise analysis shall be done for buildings in this project to determine the type of building materials to be used to ensure that buildings meet interior noise standards of 45dB CNEL. 6) Noise barriers should be constructed around the patios and balconies of the buildings along the southern portion of the project site, adjacent to Foothill Boulevard. The first floor patio barriers shall be 5 1/2 feet in height and the second and third floor balcony barriers shall be 5.0 feet in height. 8. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006. PLANNING 0 MISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2006, by the following vote-to-wit: AYES: NOES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL 3~3 -, City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352, Tentative Tract Map SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01061, and Minor Development Review DRC2004-00826. This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. . 1. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 2. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance ofthe conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. A fee covering all costs and expenses, including any consultc;mts' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 1. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: .3/''/ MITIGATION MONITORING PROGRAM DRC2004-00339, -00352\SU BTT16605\DRC2003-00637\DRC2005-0 1061 \DRC2004-00826 April 12,2006 I Page 2 City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 2. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 3. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 4. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 5. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 6. The project planner or responsible City department has the authority to stop the work of ' construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 7. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 8. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. c3t5 Nt- anZ ('I)W O~ 9Q. .qO O..J Ow N> Ow 0::0 00:: t-O Zz ~:E 0_ ~ ZU) = WO ~q <anCl) w8w ON~ 00_ 00::0 00 t-WCl) ZOCl) wZ< ~<:E: Q.[2Q. 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Cl'ijj Q) Q) Q) 'ii 'ijj Q) ~ "0 5, > Q) "0 00 '- "Ul- Q)"o '-_ Q) Clo~'~"S"O ~~ mE~o sc:.SOcoQj Effig>g>u1:; Eii:w=c Bu 0~~==Q) <;>C3C3~&J: o ' Co.wOOu UUUmo.l.L. 375 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DEVELOPMENT REVIEW DRC2003-00637 SUBJECT: SYCAMORE VILLAS APPLICANT: CHARLES JOSEPH ASSOCIATES NORTHSIDE OF FOOTHILL BOULEVARD BETWEEN REDHILL COUNTRY CLUB DRIVE AND LOCATION: SOUTHERN PACIFIC RAILROAD ALL OF THE FOLLOWING CONDITIONS APPL Y TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements ComDletion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/-1_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 06-39, Standard _/-1_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if _/-1_ building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/-1_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, Development Code regulations, the Foothill Boulevard Specific Plan. 1 37b Project No. DRC2003-00637 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _1_1_ of Approval shall be completed to the satisfaction of the City Planner. ' 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _1_1_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be ~~_ submitted for City Planner review and approval prior to the issuance of. building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/~_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved' use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the DevelopmentCode, all _I ~_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved ~~_ by the City Planner and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with ~~_ all receptacles shielded from public view. 9. All ground-mounted utility appurtenances Such as transformers, AC condensers, etc., shall be ~~_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single- family residential developments, transformers shall be placed in underground vaults. 10. All building numbers and individual units shall be identified in a clear and concise manner, _/~_ including proper illumination. 11. All parkways, open areas, and landscaping shall be permanently maintained by the property _/~_ owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be"submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 12. The project contains a designated Historical Landmark. Any further modifications to the site _1_1_ including, but not limited to, exterior alterations and/or interior alterations which affect the exterior of the buildings or structures, removal of landmark trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. 13. The developer shall submit a construction access plan and schedule for the development of all _/~_ Jots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concems, hours of construction activity, dust control measures, and security fencing. 14. Access gates to the rear yards shall be constructed from a material more durable than wood ~_I_ gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 15. For multiple family development, laundry facilities shall be provided as required by the ~~_ Development Code. 16. For multiple family development, a minimum of 125 cubic feet of exterior lockable storage space ~~_ shall be provided. 2 377 Project No. DRC2003-00637 Comoletion Date 17. For residential development, recreation area/facility. shall be provided as required by the _/_/_ Development Code. ' 18. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured ~_/_ products. D. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units and _/_/_ for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. 2. Standard patio cover plans for use by the Homeowner's Association shall be submitted for City _/~_ Planner and Building Official review and approval prior to issuance of building permits. 3. All roof appurtenances, including air conditioners and other roof mounted equipment and/or ~ _/_ projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts ~_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided ~~/_ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/~_ and exits shall be striped per City standards. 5. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on _/~_ this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 6. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho ~--.1_ Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn-around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. F. Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily --.1--.1_ residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 3 37g Project No. DRC2003-00637 Comoletion Date G. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in -1_1_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with aconstruction barrier in -1-1_ accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. A minimum of 45 trees per gross acre, comprised of the following sizes, shall be provided within _1_1_ the project: 0% - 48-inch box or larger 10% - 36-inch box or larger, 10% - 24- inch box or larger, 80% - 15-gallon, and 0% - 5 gallon. 4. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking -1-1_ stalls. 5. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 -1-1_ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 6. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater -1_1_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 7. For multi-family residential and non-residential development, property owners are responsible for -1_1_ the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 8. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in -1-1_ the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 9. Landscaping and irrigation systems required to be installed within the public right-of-way on the -1-1_ perimeter of this project area shall be continuously maintained by the developer. 10. All walls shall be provided with decorative treatment. If located in public maintenance areas, the -1-1_ design shall be coordinated with the Engineering Department. 11. Tree maintenance criteria shall be developed and submitted for City Planner review and approval -1-1_ prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 12. Landscaping and irrigation shall be designed to conserve water through the principles of _1-1_ Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. 4 379 Project No. DRC2003-00637 Comoletion Date H. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. ~_/_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 2. Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior _/~_ to occupancy and shall require separate application and approval by the Planning Department prior to issuance of building permits. I. Environmental 1 . The developer shall provide each prospective buyer written notice of the City Adopted Special . ~ _/_ Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 2. Noise levels shall be monitored after construction to verify the adequacy of the mitigation ~_/_ measures. Noise levels shall be monitored by actual (loise level readings taken on- and off-site. A final acoustical report shall be submitted for City Planner review and approval prior to final occupancy release. The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. 3. A final acoustical report shall be submitted for City Planner review and approval prior to the ~~_ issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and. construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 4. The applicant shall submit certification from an acoustical engineer that all recommendations of _/~_ the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes. 5. Mitigation measures are required for the project. The applicant is responsible for the cost of ~_/_ implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $495.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions requirea by the approved environmental documents shall be considered grounds for forfeit. J. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location ~--1_ of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. 5 3gb Project No. DRC2003-00637 Comoletion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 4n-271 0, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (Le., DRC2003-00637) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. -1-1_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. -1-1_ 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to _/-1_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. -1-1_ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/-1_ Building and Safety Department. 6. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can _/-1_ contact the Building and Safety Department staff for information and submittal requirements. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be -1-1_ marked with the project file number (Le., DRC2003-00637). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition, the applicant -1-1_ shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. Prior to issuance of building permits for a new commercial or industrial development project or -1-1_ major addition, the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 6 3~/ Project No. DRC2003-00637 Comoletion Date 4. Street addresses shall be provided by the Building and Safety Official after tract/parl(el map _1_1_ recordation and prior to issuance of building permits. 5. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday ~~_ through Saturday, with no construction on Sunday or holidays. 6. Construct trash enclosure(s) per City Standard (available at the Planning Department's public ~~_ counter). 7. Subm it pool plans to the County of San Bernardino's Environmental Health Services Department ~ ~_ for approval. M. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. 4. Plans for food preparation areas shall be approved by County of San Bernardino Environmental Health Services prior to issuance of building permits. 5. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 6. Provide draft stops in attics in line with common walls. 7. Roofing materials shall be Class "A." 8. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5"A 9. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. 10. If the area of habitable space above the first floor exceeds 3,000 square feet, then the construction type shall be V-1 Hour minimum. 11. Walls and floors separating dwelling units in the same building shall be not less than 1-hour fire-resistive construction. 12. Provide smoke and heat venting in accordance with CBC Section 906. ~_I- _/~- ~~- ~_I- ~~- ~~- ~_I- _I_I- I I ---,- ~_I- ~_I- ~~- N. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading _/~_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. . 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to ~ ~_ perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the -1_1_ time of application for grading plan check. 4. The final grading, appropriate certifications and compaction reports shall be completed, -1~_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 7 382. Project No. DRC2003-00637 Comoletio" Date 5. A separate grading plan check submittal is required for all new construction projects and for ~~_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: o. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, _/~_ community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from ~_/_ street centerline): 60 total feet on Foothill Boulevard. oroiect site and Sycamore Inn frontaae. 30 total feet on Red Hill Countrv Club Drive. ~~- ~~- 3. Vehicular access rights shall be dedicated to the City for the following streets, except for ~--.J_ approved openings: Red Hill Countrv Club Drive. 4. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by _/_/_ deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 5. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint _/--.J_ maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 6. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the ~ --.J_ final map. 7. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be ~--.J_ dedicated to the City. 8. The developer shall make a good faith effort to acquire the required off-site property interests _/--.J_ necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462.5 at such time as the City decides to acquire the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City if the City decides to acquire the off-site property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developers cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited to: Master Plan Storm Drain South of Foothill Boulevard. P. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped --.J_/_ areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, ACpavement, drive approaches, sidewalks, street lights, and street trees. 8 383 Project No. DRC2003-00637 Comoletion Date 2., Pursuant to City Council Resolution No. 88-557, no person shall make connections from a source ~ ~- of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. Construct the following perimeter street improvements including, but not limited to: ~/_I- 3. Curb & A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Foothill Boulevard, project X X (c) (e) X X (d) (f) site and Sycamore Inn (g) Frontage (h) (i) Red Hill Country Club X X X X X, X (g) Drive Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Street type. (f) ADA access ramps. (g) Necessary drainage facilities. (h) Depending on school district requirements, provide a bus bay foe westbound Foothill Boulevard east of drive entrance; dedicated additional right-of-way as necessary. (i) Modify traffic signal at Foothill Boulevard and San Bernardino Road. 4. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights. and intersection safety lights ~~/- on future signal poles, and traffic signal plans shall be prepared. by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a ~~- construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and ~~- interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction ~ ~- project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be NO.6 at intersections and NO.5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City ~~- Standards or as directed by the City Engineer. 9 38lj Project No. DRC2003-00637 Comoletion Date f. Existing City roads requiring construction shall remain open to traffic at all times with --1--1_ adequate detours during construction. Street or lane closure permits are required. A cash. deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be _/--1_ installed to City Standards, except for single family residential lots. 5. h. Street names shall be approved by the City Planner prior to submittal for first plan check. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1}." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. --1--1_ --1~- _/~~ Construction Notes for Street Trees: 1} All street trees are to be planted in accordance with City standard plans. 2} Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3} All street trees are subject to inspection and acceptance by the Engineering Department. 4} Street trees are to be planted per public improvement plans only. 7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with _/~- adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or . industrial driveways may have lines of sight plotted as required. 6. I Min. I Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Foothill Boulevard in Prunus X N.C.N. 3ft. 20' O.C. informal 15 gal. Fill in R.OW. and Median blireiana groupings not more than 25% of total frontage trees. Foothill Boulevard on- Platanus London Plane 8ft. Space per on-site plans- 15 gal. site acerifolia Tree 30' O.C. suggested Red Hill Country Club Platanus London Plane 8ft. 30'O.C. 15 gal. Drive acerifolia Tree Q. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. Parkway landscaping on the following street(s} shall conform to the results of the respective Beautification Master Plan: Foothill Boulevard 2. R. Drainage and Flood Control 1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. 10 _/~- ~~- ~~- 3gS Project No. DRC2003-00637 Completion Date 2. It shall be the developer's responsibility to have the current FIRM Zone A designation removed _1_1_ from the project area. The developer shall provide drainage and/or flood protection facilities sufficient to obtain an unshaded "X" designation. The developer's engineer shall prepare all necessary reports, plans, and hydrologiclhydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final map ~~_ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 4. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the ~~_ property from adjacent areas. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured ~~_ from the outer edge of a mature tree trunk. s. Utilities 1. The developer shall be responsible for the relocation of,existing utilities as necessary. ~_I_ 2. Water and sewer plans shall be designed and constructed to meet the requirements of the _/~_ Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 3. Approvals have not been secured from all utilities and other interested agencies involved. _I ~_ Approval of the final parcel map will be subject to any requirements that may be received from them. T. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into one ~~_ parcel prior to issuance of building permits. . . 2. An easement for a joint use driveway shall be provided prior to final map approval or issuance of _I ~_ . building permits, whichever occurs first, for: Entrance drivewav on Foothill Boulevard. 3. Permits shall be obtained from the following agencies for work within their right of-way: San ~~_ Bernardino Area Governments. 4. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all ~~_ new streetlights for the first six months of operation. prior to final map approval or prior to building permit issuance if no map is involved. 5. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall ~---1_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. 11 38h Project No. DRC2003-00637 Completion Date APPLICANT SHAll CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: U. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_ These areas slwuld be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with _/_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. V. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. ~_/_ 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within ~~_ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. ~~_ 4. All roof openings giving access to the building shall be secured with either iron bars, metal gates, _/~_ or alarmed. W. Security Fencing 1. All businesses or residential communities with security fencing and gates will provide the police ~ _/_ with a keypad access and a unique code. The initial.code is to be submitted to the Police Crime Prevention Unit along with plans. If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24-hour dispatch center at (909) 941-1488 or by contacting the Crime Prevention Unit at (909) 477-2800 extension 2474 or extension 2475. X. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted _/ _/_ from frame or track in any manner. 2. Security/burglar bars are not recommended, particularly in residences, due to the delay or ~~_ prevention of a speedy evacuation in case of fire. Y. Building Numbering 1. At the entrances of commercial or residential complexes, an illuminated map or directory of ~~_ project shall be erected with vandal-resistant cover. North shall be at the top and so indicated. Sign shall be in compliance with Sign Ordinance, including an application for a Sign Permit and approval by the Planning Department. 2. All developments shall submit an 8 W' x 11" sheet with the numbering pattern of all multi-tenant ~_/_ developments to the Police Department. APPLICANT SHAll CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOllOWING CONDITIONS: SEE ATTACHED 12 387 RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS July 14, 2004 Charles Joseph & Associates Cameo/Sycamore Town Homes N/S foothill Blvd between San Bernardino & Baker DRC2003-00637 & SUBTT16605 MFR complex THE FOllOWING STANDARD CONDITIONS APPLY TO. THIS PROJECT. The public water supply must be tested by CVWD at the point of connection. The test must be conducted prior to the issuance of permits for the Commercial or Condominium buildings in the development. The water supply must meet or exceed the minimum fire flow requirement for the most demanding building. All Structures must be equipped with automatic fire sprinklers "thought-out" in accordance to NFPA 13. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The maximum distance between fire hydrants in multi-family residential projects is 400-feet. . No portion of the exterior wall shall be located more than 200-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 150-feet. c. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential project from the public roadways. ii. At intersections. iii. On the right side of the street, whenever practical and possible. iv. As required by the Fire Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (40') from any building. 3Sg d. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. e. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems 1. Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and the approved RCFPD alternative method require that all structures in this development be equipped with automatic fire sprinklers in accordance to NFPA 13 "Fully Sprinklered". FSC-5 Fire Alarm System 1. Per the approved alternative method all sprinkler systems in this development must be monitored by a listed central station fire alarm system. Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code. 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. 2 389 FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access - Fire Lanes Standard 9-7. 1. Location of Access: All portions of the structures 1 sl story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14- feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4. Access Walkways: Hardscape access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1. The following design requirements apply: a. All automatic gates shall be provided with a Fire District approved, compatible traffic pre- emption device. The devices shall be digital. Analog devices are not acceptable. Devices shall be installed in accordance with the manufacturer's instructions and specifications. b. Vehicle access gates shall be provided with an approved Fire District Knox Key Switch. c. The key switch shall be located outside and immediately adjacent to the gate for use in the event that the traffic pre-emption device fails to operate. 3 .39/J d. A traffic loop device must be installed to allow exiting from the complex. e. The gate shall remain in the open position for not less than 20-minutes and shall automatically reset. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire. District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: The approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative M~thod application must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. . Public Assembly, LPG or Gas Fuel Vehicles in Assembly Buildings . Tents, Canopies and/or Air Supported Structures, Liquefied Petroleum Gases FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1. Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: a. Is located on property which is not under the control of the applicant; or b. Crosses a property line; or c. Is shared by multiple owners; or d. Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate,fence, building or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: 4 31/ a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surface shall be provided. The access rpadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances a. Pass through or are located on property not under the control of the applicant; or b. Crosses a property line; or c. Provide service to adjacent properties; or d. Is located on common space under the control of an owner's association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino. Chronolo~ical SUmmary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS - Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and 5 392 witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on- site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 6 393 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 10. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi- family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 W' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 7 ~9'1 RESOLUTION NO. 06-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2005-01061 TO REDUCE THE PARKING LOT SETBACK FROM 45 FEET MINIMUM TO 10 FEET TO ALLOW IMPROVEMENTS TO AN EXISTING PARKING LOT FOR THE SYCAMORE INN RESTAURANT, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD AT THE INTERSECTION OF SAN BERNARDINO ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-101-24. A. Recitals. 1. Charles Joseph Associates filed an application for the issuance of Variance DRC2005-01061 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 12th day of April 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on April 12, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way, with a street frontage of 560 feet and lot depth of 620 feet, and is presently improved with an abandoned water reservoir; and b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: 395 PLANNING COMMISSION RESOLUTION NO. 06-40 DRC2005-01061 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 2 a. Although the revised parking layout setback is less than the Code allows there will be far more landscape setback area provided than currently exists on the site (no landscaping currently exists at this location). In addition, the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard therefore, the strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district since the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard. c. That strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district since the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district since the deficient setback is a common characteristic of the existing development in this section of Foothill Boulevard. e. That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity since there will be far more landscape setback area provided than currently exists on the site. In addition, the improvements will result in a complete upgrade of the landscaping and hardscape surfaces for the historic restaurant while protecting the historical resources (building and mature Sycamore trees). 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements ofthe California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. 5. Based upon the findings and conclusions. set forth in Paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. Plan nino Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 6. The Secretary to this Commission shall certify to th~ adoption of this Resolution. $q~ PLANNING COMMISSION RESOLUTION NO. 06-40 DRC2005-01061 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 3 APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Dan Coleman, Acting Secretary I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2006, by the following vote-to-wit: NOES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART COMMISSIONERS: NONE AYES: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL 311 RESOLUTION NO. 06-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW DRC2004-00826, PARKING LOT, LOADING AREA MODIFICATIONS AND COVERED PATIO AREA AT THE HISTORIC SYCAMORE INN RESTAURANT, LOCATED AT 8318 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-101-24. A. Recitals. 1 . Charles Joseph Associates filed an application for the approval of Minor Development Review DRC2004-00826 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Development Review request is referred to as "the application." 2. On the 12th day of April 2006, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced meeting on April 12, 2006, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to the property located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way, with a street frontage of 560 feet and lot depth of 620 feet, and is presently improved with an abandoned water reservoir; and . b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan; and 398 PLANNING COMMISSION RESOLUTION NO. 06-41 DRC2004-00826 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 2 b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannina Department 1) Subject to the approval of DRC2004-00826 and SUBTT 16605 by the Planning Commission and Compliance with all applicable conditions thereof. 2) In accordance with the Tree Preservation Ordinance, a tree preservation and replacement program based on the following priorities will be submitted and approved by the City Planner prior to the issuance of grading permits: 1) preserve-in-place healthy trees, 2) if trees cannot be preserved-in-place, then transplant elsewhere on-site, and as a last resort, 3) remove and replace with largest nursery grown stock available. 3) The Los Oso Bear Statue (Local Landmark) shall be protected during construction by the use of appropriate fencing, barricades, cones, delineators or other devices approved by the City Planner as part of the required grading and building plans. Enaineerina Department 1) Install a portion of Master Plan Storm Drain Line 111-1 across the project site consistent with its ultimate extension north and south. Provide a 25-foot public storm drain easement for pipes 60-inch in diameter or larger. Standard drainage fees for the site shall be credited to the cost of permanent master plan facilities, in accordance with City policy. The developer may request a reimbursement agreement to recover oversizing costs, in excess of fees, from future development within the same tributary area. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. $19 PLANNING COMMISSION RESOLUTION NO. 06-41 DRC2004-00826 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 3 2) Provide private access easements allowing adjacent properties to reach the traffic signal. 3) Provide public easement for installation and maintenance of traffic signal equipment. 4) Proposed driveway. entrance (street type) on Foothill Boulevard shall align with San Bernardino Road on south side. 5) Provide a driveway aisle from Foothill Boulevard to the condo project with three lanes: one entry lane 14 feet wide continuing to the condo project; and provide two outbound lanes, one 14-foot right-turn and one 11-foot through/left-turn lane, and extend from the condo project to Foothill Boulevard. 6) The northerly entrance to the parking lot on the west side of the Sycamore Inn is to be rotated to the northwest along the condo drive aisle approximately 30 feet to improve line-of-sight to the south. 7) Modify the existing traffic signal at Foothill Boulevard and Sari Bernardino Road as needed. 8) Foothill Boulevard Parkway improvements, including street trees, sidewalk, special design streetlights, and median, shall conform to the Foothill Boulevard Districts guidelines outlined in the Development Code and the Foothill Boulevard Visual Improvement Plan. 9) Provide public easement for sidewalks that extend outside the right-of- way to accommodate driveway crossings and ADA access around traffic signal poles. 10) Process a Lot Line Adjustment on the northern lot lines so that they correspond with the proposed improvements and, in particular, so that lot lines are at the tops of slopes. Show proposed adjusted lot lines on submitted drawings. 11) Make a contribution in-lieu of construction for the prorated share of the project for a future landscaped median on Foothill Boulevard. 12) The Grading Plan shall show the following. a) Indicate which storm drains will be constructed with the parking lot and label each one "public" or "private." b) Show BMPs (Best Management Practices) consistent with the WQMP (Water Quality Management Plan). 13) Parkways shall slope at 2 percent from one foot behind the sidewalk to the top of curb, along all street frontages. ~tJP PLANNING COMMISSION RESOLUTION NO. 06-41 DRC2004-00826 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 4 14) Driveway accent paving shall be located outside the ultimate rights-of-way. 15) The WQMP dated January 3, 2006, has been conceptually reviewed and the following items need to be completed: a) Section 1.1 - Provide telephone number for project owner. b) Section 1.2 - Provide permit numbers [List Tract or Parcel Map#, PMT# and WDID#] c) Section 2.1 - Provide source for Mill Creek (Hydrologic Unit No. 801.24) d) Section 2.1 - "Heavy Metals" is an "Expected" pollutant of concern for this project. e) Section 2.1 - Delete the title "Parking Lot" on the Summary Table since these are the expected/potential pollutants for the restaurant and parking lot. f) Section 2.2 - Provide response to 1.B g) Section 3.1.1 - There is a discrepancy with percentage of land being landscaped (25 percent versus 50 percent). h) Section 3.2 - Check section numbers for Section 3.2, 3.3, and 3.4. i) Section 3.2 - Spill Contingency Plan - This project cannot be considered a residential project. . j) Section 3.2 - Common Areas Catch Basin Inspection and Landscape Planning should be marked yes since implementation descriptions are provided. k) Section 3.3 - "Organic Compounds" and "Metals" should be a "yes" since they are expected/potential pollutants of concern. I) Section 3.4.1 - Provide BMP Design Calculations perthe revised June 9,2005, Template. m) Section 3.4.2 - Provide BMP Design Calculations per the revised June 9, 2005, Template. n) Section 4 - Complete table. 0) Section 6 - Notarize and record the City's "Memorandum of Agreement of Storm Water Quality Management Plan" (Copies available at Engineering Department front counter). ~/)/ PLANNING COMMISSION RESOLUTION NO. 06-41 DRC2004-00826 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 5 p) Plan Review - Locate proposed BMPs on the Grading Plan. 16) Standard Conditions apply. Please refer to the attached 6 pages. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006 BY: ISSION OF THE CITY OF RANCHO CUCAMONGA ATTEST: Dan Coleman, Acting Secretary I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL LftJ2 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: MINOR DEVELOPMENT REVIEW DRC2004-00826 SUBJECT: SYCAMORE INN DRIVEWAY AND PARKING LOT IMPROVEMENTS APPLICANT: CHARLES JOSEPH ASSOCIATES LOCATION: NORTHEAST CORNER OF FOOTHILL BOULEVARD AND SAN BERNADINO ROAD ALL OF THE FOLLOWING CONDITIONS APPL Y TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its ~~- agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. Completion Date 2. Copies of the signed Planning Commission Resolution of Approval No. 06-41, Standard _/_/- Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and , are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Minor Development Review approval shall expire if building permits are not issued or approved ~_/- use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1 . The site shall be developed and maintained in accordance with the approved plans which include _/ _/- site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein and Development Code regulations, the Foothill Boulevard Specific Plan. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be ~~- submitted for City Planner review and approval prior to the issuance of building permits. 1 'I/)3 Project No.DRC2004-00826 Completion Date 3. Approval of this request shall not waive compliance with all sections of the Development yode, all .--1_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 4. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved .--1.--1_ by the City Planner and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent. properties. 5. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and _/.--1_ the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. a. Provide for the following design features in each trash enclosure, to the satisfaction of the City Planner: b. Architecturally integrated into the design of (the shopping center/the project). c. Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. d. Large enough to accommodate two trash bins. e. Roll-up doors. f. Trash bins with counter-weighted lids. g. Architecturally treated overhead shade trellis. h. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. 6. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be .--1~_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single- family residential developments, transformers shall be placed in underground vaults. 7. All parkways, open areas, and landscaping snail be permanently maintained by the property _/ ~- owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 8. The project contains a designated Historical Landmark. Any further modifications to the site ~~- including, but not limited to, exterior alterations and/or interior alterations which affect the exterior of the buildings or structures, removal of landmark trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site, shall require a Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. 9. The developer shall submit a construction access plan and schedule for the development of all ~~- lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. D. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts ~ ~- a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2 '-/ IJ 'I Project NO.DRC2004-00826 Comoletion Date 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall ~_/_ contain a 12-inch walk adjacent to the parking 'stall (including curb). ' 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided ~~_ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, ~_/_ and exits shall be striped per City standards. 5. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. E. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in ~ ~_ accordance with the Municipal Code Section 19.08.110, and 50 noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow. all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in ~ _/_ the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 4. Landscaping and irrigation systems required to be installed within the public right-of-way on the ~~_ perimeter of this project area shall be continuously maintained by the developer. 5. Tree maintenance criteria shall be developed and submitted for City Planner review and approval ~ _/_ prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 6. Landscaping and irrigation shall be designed to conserve water through the principles of ----.f ----.f ~ Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code F. Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office. industrial, and multifamily ----.f~_ residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 2. Carpool and vanpool designated off-street parking close to the building shall be provided for ~~_ commercial, office, and industrial facilities at the rate of 10 percent of the total parking area. If covered, the vertical clearance shall be no less than 9 feet. 3 ,//)5 Project No.DRC2004-o0826 Comoletion Date G. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading _/~- Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A separate grading plan check submittal is required for all new construction projects and for. ~~- existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, ~~_ community trails, publiC paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from ~~_ street centerline): . 60 total feet on Foothill Boulevard oroiect site. ~~- 3. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the ~~_ final map. I. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped _/~- areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Pursuant to City Council Resolution No. 88-557, no person shall make connections from a source ~~- of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 4 ,-/IJ? Project No.DRC2004-00826 Comoletion Date 3. Construct the following perimeter street improvements including, but not limited to: _/~- Curb & A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Foothill Boulevard project X X (c) (e) X X ,(d) (f) frontage (g) (i) (k) Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Street type. (f) ADA access ramps. (g) Necessary drainage facilities. (i) Modify traffic signal at Foothill Boulevard and San Bernardino Road. (k) Coordinate with City, civil project slated for 2007 construction. 4. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights ~~_ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved. by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a ~~_ construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and _/~_ interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction ~-1- project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be NO.6 at intersections and NO.5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City ~~_ Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with ~~_ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be ~~_ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. ~~_ 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in ~~_ accordance with the City's street tree program. 5 '-I~1 Project NO.DRC2004-00826 Comoletion Date 6. Install street trees per City street tree design guidelines and standards as follows. The completed ~_I_ legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space SpacIng Size Qty. Foothill Rhuslancea African Sumac 5 ft. 20'O.C. 15 Fill Boulevard in informal gal. in R.O.W. and groupings not Median more than 25% of total frontage trees. Foothill Plantanus London Plane Tree 8ft. Space per on- 15 Boulevard on-site acerifolia site plans-30' gal. O.C. suggested Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be fumished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with _/~_ adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. J. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting ~~_ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective _/~_ Beautification Master Plan: Foothill Boulevard. K. Drainage and Flood Control 1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection ~_I_ measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. 2. A final drainage study shall be submitted to and approved by the City Engineer prior to final map ~ ~_ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 3. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the ~~_ property from adjacent areas. 6 4{)~ Project No.DRC2004-00826 Comoletion Date 4. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured -1-1_ from the outer edge of a mature tree trunk. ' ' L. Utilities 1. The developer shall be responsible for the relocation of existing utilities as necessary. -1-1_ M. General Requirements and Approvals 1. An easement for a joint use driveway shall be provided prior to final map approval or issuance of -1_1_ building permits, whichever occurs first, for: Entrance driveway on Foothill Boulevard. 2. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all _1-1_ new streetlights for the first six months of operation, prior to final map approval or prior to building' permit issuance if no map is involved. 3. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall -1_1_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHAll CONTACT, THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOllOWING CONDITIONS: N. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. ~~_ These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. Lighting in exterior areas shall be in vandal-resistant fixtures. ~ _1_ APPLICANT SHAll CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOllOWING CONDITIONS: SEE ATTACHED 7 LftJCj ,,0 (0(4110 <..'t'~ ,;;, '#(' 7. ~. . ~ .,f'r'::;1 ' ~ FIRE Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS September 15, 2005 Sycamore Inn - Parking Lot Improvements 8318 Foothill Blvd DRC2004-00826 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential project from the public roadways. ii.. At intersections. iii. On the right side of the street, whenever practical and possible. iv. As required by the Fire Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required fire flow for this project is 2,000 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix ili- A, as adopted by the Fire District Ordinances. LI/D 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Firewater plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until firewater plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-5 Fire Alarm System 1. RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or' standards) requires an automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code. 2. Prior to any removal, remodel, modification and/or additions to the building or suite's fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #1 0-6. 3. Based on the number of sprinkler heads; the sprinkler system is required to monitored by a listed central station fire alarm system. FSC-6 Fire District Site Access *The approved access plans for the Sycamore Inn do not include complete Fire access to the condominium project (SUBTT16605) please submit separate plans. Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Lanes Standard 9-7 1. Location of Access: All portions of the structures 1 sl story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 20-feet. c. The minimum outside turn radius shall be 46-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-:inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. ,,-/// h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14- feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. CommerciaVlndustrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard #9-2. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20.00. 1. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 4/2- 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: Any approved mitigation measures must be clearly r:loted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. . Candles and open flames in public assemblies . Compressed Gases . Public Assembly . Tents, Canopies and/or Air Supported Structures . LPG or Gas Fuel Vehicles in Assembly Buildings FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14.Map Recordation 1. Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: a. Is located on property which is not under the control of the applicant; or b. Crosses a property line; or c. Is shared by multiple owners; or d. Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: 'II!; a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surface shall be provided. The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances a. Pass through or are located on property not under the control of the applicant; or b. . Crosses a property line; or c. Provide service to adjacent properties; or d. Is located on common space under the control of an owner's association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 is required prior to the issuance of grading or building permits. Chronolo~ical SUmmary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS - Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections~ All private on-site fire hydrants shall be installed, flushed and operable. prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. .'-11'/ On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure'Standard 9-8. ' All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished sLlrface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services! "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private propertY, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on- site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 4. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 5. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 6. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. Lf/S The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 7. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial' and multi- family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites~ 8. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 9. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 W' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. q/b ,_ -.. "_"0__' .. ___ U""... _._. ....._..~ ._. ...' -, - . --" . _._~ lL r......YVcnde'C1'101I1e-citY-Council for final action in addition to approving Tentative Tra.ct...Map SUBTT17435, Tentative Parcel Map SUBTPM17460 and Development Review QBC200'C00071.. Motion carried by the following vote: _---/ AYES: FLETCHER, MACIAS, MUNOZ, STEWART .____. "'- NOES: NONE ABSENT: NONE ABSTAIN: McPHAIL ..-------- ..---------- - carried/.......----;-:~ ---/ - * * * * The P 1I1g Commission broke for a short recess at 8:30 p.m. Commissioner McPhail then sed herselUrnm Itame Q, A, S, ~..e.mp,Loy'er holds contracts with the ..~ . _.- . .. ._....-..~ ",~ O. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00339- CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to allow the development of land that contains a 30 percent slope within a mixed use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Road Right Way - APN: 0207-101-13,01 and 34. Related Files: Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826 and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. R. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2004- 00352 - CHARLES JOSEPH ASSOCIATES - An application to amend the Development Code to allow the development of the land that contains a 30 percent slope within a mixed-use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right of Way - APN: 0207-101-13,01 and 34. Related Files: General Plan Amendment DRC2004-00339, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. S. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT SUBTT16605- CHARLES JOSEPH ASSOCIATES- A residential subdivision of 8 lots for condominium purposes on 21 acres of land in the western Foothill Corridor Mixed Use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right Way - APN: 0207-101-13,01 and 34. Related Files: Development Code Amendment DRC2004-00352, General Plan Amendment DRC2004-00339, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. T. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00637 - CHARLES JOSEPH ASSOCIATES - The design review of building elevations and detailed site plan for 206 condominiums on 21 acres of land in the western Foothill Boulevard Mixed Use Corridor area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right Way - CxHIS?;m8iOn Minutes -10- April 12, 2006 4/7 APN: 0207-101-13, 31 and 34. Related Files: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-003S2, Tentative Tract SUBTT16605, Minor Development Review, DRC2004-00826, Variance DRC200S-01 061, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. U. VARIANCE DRC200S-01 061 - CHARLES JOSEPH ASSOCIATES - A request to reduce the parking lot setback from 4S feet minimum to 10 feet to allow improvements to an existing parking lot for the Sycamore Inn Restaurant on property located on the north side of Foothill Boulevard at the intersection of San Bernardino Road - APN: 0207-101-24. Related Files: Development Review DRC2003-00637 , Tentative Tract SUBTT1660S and Minor Development Review DRC2004-00826. V. MINOR DEVELOPMENT REVIEW DRC2004-00826 - CHARLES JOSEPH ASSOCIATES- Parking lot, loading area modifications and covered patio area at the Historic Sycamore Inn Restaurant, located at 8318 Foothill Boulevard - APN: 0207-101-24. Related Files: Development Review DRC2003-00637, Variance DRC200S-01061 , and Tentative Tract SUBTT1660S Larry Henderson, Principal Planner, gave the staff report noting that these items were originally set for the March 22 meeting and in the meantime correspondence was received regarding the project. He said that the correspondence is found in the staff report shown as Exhibit N and that the concerns expressed by the residents have been addressed as much as possible. Chairman Stewart opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 39S, stated he represents the applicant. He commented that he has worked with Cameo Homes for 3 years on this project noting that it is a difficult site, there is a Rails to Trails project, the site has been previously graded without permit, it attracts transients, it is a hillside area requiring the use of Hillside Development regulations, and that improvements on Foothill Boulevard are slated to be done to improve the traffic flow. He reported that all the proposed buildings will be developed below the line of sight of the existing development above them. He said the design team from Cameo put up ''view poles" along the ridgelines in order to protect views. He said the historical aspect of the Sycamore Inn and the historic trees is being respected. He said many trees will be protected on the site in addition to 1,100 new, low-growing trees that will be planted and that could be considered an urban re-forestation. He commented that there are conditions that will mitigate the erosion of the slopes in addition to storm drain improvements. He said the unchecked water flows will be channeled to the master plan storm drain. He said this project will not use Red Hill Country Club Drive for access nor the realignment of Red Hill Country Club drive and that access point would be for Fire and emergency vehicles only. He said the developer will be responsible for 4 million dollars in fees including the master plan storm drain improvements. He noted that the improvements on Foothill Boulevard include moving the traffic signal and widening Foothill. He said these are "For-Sale" homeownership condos and that they are at 9.8 units per acre, similar to the density of the existing units (under 6 units per acre). He said these condos will increase home values in the area and that the project includes many amenities. He commented that a letter from Hank Stoy, 8509 Calle Carabe, was received by staff citing concerns about density, runoff, structural integrity and congestion on Foothill Boulevard. He reported thatthe residents received brochures/booklets about the design. He assured the Commission and the public and that the proposed development will not create a detrimental impact on the existing Red Hill Green condos and will actually serve to protect and preserve that development from the current exposures it currently has. He said they accept the conditions as presented. Planning Commission Minutes -11- April 12, 2006 4/~ Chairman Stewart asked if phasing was discussed at the neighborhood meeting and she expressed concern of the timeliness of the development. Mr. Buquet stated that he anticipates a year to 16 months will be needed for plan checks, map processing and building permits before the start of construction. Mr. Henderson noted that on page 177 of the agenda packet, Condition #C-6 requires an access plan and schedule for the development of all the lots along with proper public noticing for the construction. Commissioner Fletcher noted that Mr. Buquet said the project drainage improvements will take care of the sheet flow problem from the property above. Mr. Buquet said that he reviewed the studies and that is what he believes is indicated. He referred the question to his engineering consultant. Alan Palermo, Hall and Foreman, 420 Exchange Street, Irvine, said he and Mark Reader (geotechnical representative) are available for questions. He said they have been involved with the project for 3 years. He said the drainage flowing onto the site from above is accepted as a pre- existing condition and it is to be conveyed to an approved system. Mark Reader said their analysis notes that the existing storm drain juts out from the hillside and lets out onto the Sycamore Inn site. He said their analysis included the Red Hill condo site. He said they will grade using back cuts into the existing slopes so that the slopes are 2:1 (flatter) and will meet the standards required by the City. He said they will install intercept ditches that will prevent erosion from water flowing over the slopes. Dan Eberhart, 1031 Sequoia Avenue, Placentia stated that regarding the geo-technical aspect of the project, there is no fault there, no landslides have occurred, the soil of the slopes of the proposed site is stabile under saturated conditions and also under earthquake conditions. He said the new plantings will help mitigate the erosion problem. Commissioner Fletcher asked if his study included the geological problems of the Red Hill Condos or if it was project site specific. Mr. Eberhart said his study did not evaluate the Red Hill Condos, only the subject property. He said they noted the erosion coming from uncontrolled discharge. Chairman Stewart opened the public hearing. Richard Davidson, 8077 Calle Carabe Place, stated he lives north of the project site in the Red Hill Green condos. He said he was surprised about drainage problems and that he was unaware of any slippage problems other than from some houses above him that had been mud-jacked. He said the project is too dense and that one narrow access road into the project is not enough and that there should be a fire lane along the north side of the project along the hill~ide. He expressed concern about having wooden structures on the hill. He said he likes the look of the project but it is too dense and that the property is not all flat and therefore, all of the project site should not be considered for the density calculation. Hank Stoy, 8509 Calle Carabe, said he sent a letter about the project (see Exhibit N). He said he remains unconvinced and skeptical about the following concerns: safety of the further disturbance of the slope, runoff, seismic safety, several hundred vehicles added to the traffic flow on Foothill Boulevard, and potential for accidents on Red Hill Country Club Drive. He said they have already seen some slope problems with the existing development. He said he wants to see less density and Planning Commission Minutes -12- April 12, 2006 4/9 that does not require the amendment to the General Plan and that is more compatible with the existing development. Don O'Morrow, 8547 Calle Carabe, said he felt that with 206 condos in this project and an additional 92 proposed to the east (next to Albertson's) it is too much impact to traffic on Foothill Boulevard and that there is too much density. Alan Inglis, 8483 Calle Carabe, stated he is the President of the Red Hill Condos Homeowners Association. He took exception to Mr. Buquet's comments in that the density is not consistent with the Red Hill Condos, that he seemed to blame the drainage problems on the existing condos, and that his development is saving them from themselves and that he implied Red Hill Green Condos are an eyesore and a high crime area. He said they have had transients living below them but they are not on their properties. He said emergency services are already impacted with Foothill Boulevard being so heavily traveled. He understood Mr. Buquet to say that all the owners of the Red Hill Condos sold their properties, which is untrue. He then commented from a private perspective (as opposed to his role of President of the HOA) and stated that he is concerned about the traffic on Foothill Boulevard, that there are about 6 more apartment complexes proposed in the area of about 1,000 units each that will add traffic to Foothill Boulevard. He expressed concern about the impact on the schools. He said the applicant "gave proper due" to protect the privacy of the Red Hill Green Condos and they have proposed an attractive project. Fred Herbert, 8525 Calle Carabe, and 8344 Valley Vista Place, said he loves his view of his newly purchased Red Hill Condo and can't wait to get in it. He asked how 1 ,200 foot condos with tandem parking could possibly fit into the prestigious Red Hill area. He echoed concerns about traffic and emergency vehicle access. He said he likes the look of the project, but the density is too high. Darwin Alfstad, 8463 Calle Carabe said he is opposed to the project for reasons previously stated. Nancy London, 8502 Calle Carabe, said she is opposed because of the density and she wants the historical aspect of the sycamore grove of trees to be preserved. Barry St. Peter, 8527 Calle Carabe, stated his opposition for reasons of lack of access, density, traffic, and concern that emergency vehicles will not be able to make a turn within the project. He said it looks cosmetically nice. Paul Gomez, 8545 Calle Carabe, said he is unconvinced and skeptical for reasons of density and tandem parking. He said he attended 2 of 3 neighborhood meetings. Chairman Stewart closed the public hearing. Dan Coleman, Acting City Planner, said that in reference to the correspondence received on the project, the applicant has addressed many of the issues raised such as the slopes, geotechnical concerns, drainage and traffic studies. He noted that the density of the project is consistent with the General Plan and the design of Foothill Boulevard at its final improvement width is designed to accommodate that density. He said the City will widen Foothill Boulevard to accommodate the traffic from Vineyard all the way to Grove within our City limits and will improve the flow. He said the geostudy has been reviewed; the traffic flow has been analyzed and the project proposal includes the realignment of the intersection/traffic signal at Foothill and San Bernardino Road. He said the Fire Department has reviewed the project and that it does comply with our standards for access. He noted that our fire requirements are more strict than many other cities. He added that the historic grove of Sycamore trees will be preserved. Mr. Buquet added that the fire access meets and exceeds all the requirements and that there are actually 3 points of access to the project off of Foothill Boulevard. He noted this is not considered Planning Commission Minutes -13- April 12, 2006 'I2{J the Red Hill area but is designed and oriented to Foothill Boulevard and is known as Bear Gulch. He said a fault runs right through a gas station to the east and it was still allowed to be built there. He said the traffic studies were taken into consideration and that the counts are below the thresholds. He said they as well as the City are doing improvements on Foothill Boulevard and making improvements to the master plan storm drain. He said he did not blame the drainage problems on the Red Hill Green project nor did he imply that it was a crime area. He noted the crime problem is relative to his development site. He said the density is less than what is allowed on the site. He said the developer will be paying 2 million dollars in fees for school impacts and that the access for school busses has been accommodated. He said he did not try to indicate that all the residents had sold their units, only two. He was trying to indicate that several people that sent letters in are not really impacted by the project, they live far above the project. He said the project has 82 extra spaces for parking for the convenience of the residents. He said the fire access has been approved. He noted that someone mentioned they would rather have a park on the northern section of the site, he suggested if that is what they want, they should buy the property and develop a park. He said there will be less traffic than what would occur had an office project been approved, which is what the General Plan currently would allow. He thanked staff and commended Larry Henderson for his hard work. Chairman Stewart closed the public hearing and asked what the maximum buildout density could be allowed. Mr. Buquet said up to 24 units per acre. Commissioner Fletcher said this project has been in the works for a long time, has had many design changes and he would have liked large townhomes and this is not exactly what he envisioned, but he recognizes it needs to pencil out. He commented that this is an expensive and difficult property to develop and that there had to be some trade off in the density and that it is less than what the General Plan currently allows. He said that it is likely our population will reach 200,000 in the next 5 years and that the Foothill corridor will be improved with the development of the west end and it will be enhanced. He commented that as the City develops, there will be a mixture of mixed use and residential development along Foothill Boulevard and that it will no longer be a rural Route 66. He asked if engineering has done their traffic studies. Mr. Henderson said it has been studied citywide in relation to the land use designations. Commissioner Fletcher remarked that the only way to control the land is to own it. He said he personally would prefer to see a different style and design but that much work, study and planning has gone into this project. He said that the Commission relies on staff and the safety engineers and that although the project may look tight, it has been approved by the Fire Department. He added that he did not perceive Mr. Buquet's comments as Mr. Inglis did. Vice Chairman Macias echoed the fact that this property is difficult to deal with and to develop. He said the developer has done an excellent job and they tried to address all the issues and that the traffic will be monitored and mitigated over time. He offered his full support of the project. Commissioner Munoz added that the developer and the consultants have bent over backwards to try to deal with all concerns and the fact that the condos are only 1,200 square feet in size does not make it a bad project. He said they are designing to a diverse population. He said that not everyone can afford 2,600 square feet in Red Hill. Commissioner Fletcher commended the applicants for paying attention to the views and going to the trouble of putting up view poles for the residents of Red Hill. Planning Commission Minutes -14- April 12, 2006 '-121 Chairman Stewart said this project design went through multiple workshops and review over the course of 3 years. She said it has the lesser of some evils of what could occur on this site and that it is fortunate for the City that it is not an office development because the traffic impacts would be greater. She added that sometimes we must suffer with over impacted boulevards and traffic that comes in with new development but that as the development continues it gets cleaned up. She noted that the project is at the low end of the density scale, there will be over 1,000 trees planted and the historic Sycamore grove and the Sycamore Inn will be preserved. Motion: Moved by Macias, seconded by Munoz, to adopt the Resolutions Recommending Approval for General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352 to be forwarded to the City Council for final action and to adopt the Resolutions Approving Tentative Tract SUBTT1660S, Development Review DRC2003-00637, Variance DRC200S-01 061, and Minor Development Review DRC2004-00826 with the adoption of a Mitigated Negative Declaration of environmental impacts. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEW ART NOES: NONE ABSENT: NONE ABSTAIN: McPHAIL - carried * * * * * Commissioner McPhail returned to the dais at 10:2S p.m. * * * * * ~Nf)tif'i€)N'At:-,=t:1SE""'PERMI~C200&Qfl860~....=.CFiAR ASSOCIATES/AIM ALL STORAGE - A review of the construction and operation of an exi g Aim All public storage facility on 6.13 acres in the Low Residential District (2-4 dwelli 'units per acre), located at the southeast corner of Haven Avenue and the east 21 0 Free~on-ramp. The purpose of this review is to ensure that it is being operated in a manner.20nsistent with conditions of approval or in a manner which is not detrimental to the pu~~ealth, safety or welfare or materially injurious to properties in the vicinity pursuant t~a:ncho Cucamonga Municipal Code Section 17.04.03S.G.2. - APN: 1076-331.-0.22 a ann?d 1 1ll-341-01. Related file: Variance DRC2004-000S0. /'.' . Dan Coleman, Acting City Planner reported that manyof t~oncerns of the residents have been resolved since the last time this facility was reviewedpSTthe Commission on January 2S, 2006 including the completion of the sound wall for nois~na the closing of the gap in the wall. He noted the lighting glare from the facility was shown no -exceed City standards prior to their working with the residents. The storage facility removed me lights and painted the housings of others. He said reflected light was also addressed by tl).e acility. The affected residents were paid $1,500 each to have their windows professio':..a allllyy)" . tSd to mitigate the glare reflected from the building walls and rooftops. He added that no e~ve way of measuring and/or mitigating noise from rain falling on the building rooftops coul,p-tle determined and they were not able to find an effective way of softening the noise. ~oted correspondence had been received today from Trina Stone with concerns regardin tne chain link fence along the freeway for reasons of security. He said this is a Caltrans stand and they are not willing to relinquish using that material, but that staff would request it b ,emoved. Her letter also indicated that the lights are still adversely affecting her and that she. ants motion sensors to be installed. She added a concern about a wall that was reco. ructed specifically with the color and evenness of the grout and water seepage through her w rom the Aim All project. He said with respect to action the Commission could take, they could 1I0w Aim All to f'nntil?'IQ '..:orl't.A9Wi~ tR8 rQs'idQAtc., or tRoy 991:119 ~9t a gate feli BI'\6tRel (.vieGI,l~ry .. hearing or they could add additional conditions to the Conditional Use Permit. Planning Commission Minutes -15- April 12, 2006 Lf2.2 City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 210g1 and 21092 of the Public Resources Code. Project File No.: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, and Minor Development Review DRC2004-00826 Public Review Period Closes: June 7, 2006 Project Name: Project Applicant: Charles Joseph Associates Project Location (also see attached map): Located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Road Right-of-Way - APN: 0207-101-13,31, and 37; and 8318 Foothill Boulevard - APN: 0207-101-24. Project Description: An application to amend the General Plan and Development Code to allow the development of land that contains a 30 percent slope within a mixed use area within Subarea 1 of the Foothill Districts; a residential subdivision of 8 lots for condominium purposes, and design review of building elevations and detailed site plan for 206 condominiums on 21 acres of land in the western Foothill Boulevard Mixed Use Corridor area within Subarea 1 of the Foothill Districts; and a request to reduce the parking lot setback from 45 feet minimum to 10 feet of an existing parking lot, and a request to construct a parking lot, loading area modifications, and covered patio area at the Historical Sycamore Inn Restaurant. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. June 7, 2006 Date of Determination Adopted By Lj23 .. eou Ntl L MEMBER. OENN IS M/CHREL C \TY Or RfHJC.HD C.UCAMoJJG-A OEflR OENNI-S) eSOq C A L..!.. E C R ~IE R ~ J)?JiO COCAM[jJG.A I CA q i73C (. Q09) q) (- 08S'<<S" JUk)E I) 2006 \:Jjj/Y}v F I RE :' P(xOPOSED sYC A MORE VU-LA..S' 0 EVE)..DPMEtJT J SCHEDULEfj FD~ pUBl../C HEAR / NO- Q ~J J O,JE 7) ZOO 6 itS A HOME ow rv~R WHOSE PROPEf<TY ff(30T-5 T(1E PROPoS ED DEVEL-Of! r\.1 ~ r0T } i Htl UJ:: MRJOR CtJkJC ERtJ..s RBDuT Tti IS PRoJEC-T WH Ic.H ARE H IG-H t-IGHrEb IN TH ~ FoLL- ow IIJG PRRRG-RAPH,S. HoW CAI\J THE" CITY OF RfHJc'rlO CVCA;\1DfJG-~ -SERIOUSLY COtJSlDER fiPPROUING .A f1.1UL-TI~l-.E-STORY O~UEL...DfJYVlEIJT c1F THl6" Df3rJSlTY (206 U~ITS otJ 2./ {1cRSS:) oAJ /...fttJD lNHICl-f CO~Tfl(~ R 3D p~t-<CptJT -St.-OPE ft~D IS IN CLOSE PROXfl\1fTY TO IUJ SRRTHQU~kE FftUL-T ~ wr;. /-(fiVE HItO S~VEtQRl.... lN$TRt.)Cf=S OF SLO~E.~ GIU I AJG- WRY itJ Cj() R OWN Or:;VEI..OP- rv1EIJT ADJflcE~T TO .HE S()8J~cT PROPt::RTY OVr::R TH~' y ~ARS, TH IS PRO\r fScT HFt-5 Tt-lE POTE~TIAt... FOR DE- .SrABIL/zl NO- TH~ WHOLE HILLsIDE. , RM NO;- RT ALL COM FORTE~ 8'1 Tl-tE ASSO~fJNQEC; WE HRVE Rf:CEi UED FJQoit1 THE ()~VEL.Dr-ER 1.5 AD VOCATE TI-I/tT TH IS L-.ftklb Cf}~.e~ OEVEL..OPEJ) SAF'k~V, HD'W eRN ,HE S~V6~E IIVIPRCT OF SEUERRl- HUtJORt:=/J f)POITJotJAL \J~H/CIna=;g POIJRHJ(}.. olJro FOOTI1ILL 1300LEURRO ~RcH DAY pass I Bt.. Y BE M tT/~A'TEO ~ 'TH~ FOOTH ILl- CORRIDOR J-S ItLR~RbY HSAlJll..V COk)GESTED J (1ND THE' P()RT/O~ &f:;TWS:EtJ \J1~EYftI<P fHJD GROVE IS CJN~ OF THE \NoRST ,S'TRETCHlS.S, "THE RORDvVny Uf\JO~~ THE RAILRoAD OV~RPfT~-:S .5 8RREt...V Ii J-."Hv~S WIDE; (WIT'''' NO St10UlOSRs) AtJ l) THE UNCOJ.JTROLlEO If\}T~R.s~T/OJJ fiT FOOTH I LL fHJO REO Hl/...t... CoUtJ-rRV CLUB PRIVf3: CSCEkJE <:Jf:" mf1.1J~ AC('IOE~TS) ,s f;:)CTRr;:Ii1~ LV HflzARPOU.S. /HIS' DS'UEt...DPfVIS~T Dof;~ NOT f1PQR~S:S THSSE: pRDaL~M( FtkJP WILL (JJJJ..\{ ~fH<E r\11i TTr=~S WoR.SE. . IT SI'WU~\.D Ak$O SE NOTED THRT NftRF4O'N, W/fJDING- RfiO HILL COQtJTRY c!-.UC3 ,:JRIUE (WI'Ti-I f'Ja $HOVJ..f>~~) GUTTERS! ~URB$,.s,j)r:;WAJ.-.I<S) WiLL BE. HEAVilV tr'r1PI1c..TE:O. fltJO WIl.L.. DE\J~ LO J:) tvlt:VJT BE lJS IIJ(~ SCHOO~CH I LOR~N FRo(vf "TH 15 1-' I fl4 I D r.:A..J 011111 V fit... LEU IST{} TN I-S' STfa:~:E"l- TO WRt....K TO rv ,-,'\ ,VI SCl-i 0 0 L. .~ BI1$EIJ OtJ THE FORf;G()/IJG- I I URG~' YOU 'TO I~E'Jf::cT TH~ GlEt-JERrtt... Pk/HJ AtJD CODE AIt1EIJOIV'H.~;Jr-s J VfiRIIHJCE fHJ {) E N ViR 0 IV fv1 EN Tn l. As-s ~'ss f~113' krr tV #:;.C ESS f) R V 'To fI LLo '11.1 THis.: PROPOSED O!iVE/....opr~ENT '"TO 1"V10()~ FQRWRrvO I , H/lvr;: THE: FOLlOVVljJc. nLI~RI\JI/T/VES TO $U(;G-~: I. COM P~L THE DElJELOPeR TO D~:s fG N A PROu~CT MORE SII\{ILRR Jf-J OENSITY To OUR 110JftCf:NT P~VELOPfYleI\JTJ WHicH COkJTI1/;.J-S ftPf1ROXifl1I}T~L.V Hl'tlF (t..$ fVJlHJY UlJfTS 'P~R AC.RE. 2. Hf1V~ TH~ CtTY f7C.QUlfV~ f1t..L. OR fi PORTION Qf=:"' THIS lftklD F"'Of< lAs~ fls fltJ URBfiN WiLDL./Ft: R~FUG-E. IT I,S HdME 10 MIUJY D1f:"F"fSRf:lVi IYP~~ O~ V.//LO C.REA,U R E'S AND IS ~/TURTED flLOAJQ.. Il PO~TION OF THf;; CITV'S PL/WNEf) H/k/AlG-IB/cVCL~ TRAIL. CO"'1l3UJ/NG- THEM \/VOULK) CR~fiT~ A "1"'R~Jl\tJSl\J f.)oUs Rr:;.sOURCE r:'OR <lifE Cl TI ZENs OF RI1 NCHQ C. Uel} MOAJ{J.lQ., THR~JI< You ,-OR YOUA ItrTEf\JTIOkJ TO TI-IJS lII/'fTTcf(.S.SEE You Ot-J .JU fJE 7TH SOJCER6.LY) ~t~ H ~NRY L. If JifiNI<" ~TOY CONTINUANCE OF PUBLIC HEARING At their regular meeting held on Wednesday, June 7, 2006, the Rancho Cucamonga City Council continued the following item(s) to their meeting to be held on Wednesday, June 21, 2006, 7:00 p.m., in the Council Chambers at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California: CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00339 - CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to allow the development of land that contains a 30-percent slope within a mixed use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right of Way - APN: 0207-101-13, 01 and 34. Related Files: Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts tor consideration. CONSIDERATION OF ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2004-00352 - CHARLES JOSEPH ASSOCIATES - An application to amend the Development Code to allow the development ot the land that contains a 30-percent slope within a mixed-use area within Subarea 1 ot the Foothill District, located on the north side ot Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-ot-Way - APN: 0207-101-13, 01 and 34. Related Files: General Plan Amendment DRC2004-00339, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration ot Environmental Impacts tor consideration. June 8, 2006 DRAFT RESOLUTION NO. CJ~-/1() A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2004-00339 TO ALLOW THE DEVELOPMENT OF LAND THAT CONTAINS A 30 PERCENT SLOPE UNDER SPECIFIED CONDITIONS, INCLUDING LAND, WITHIN A MIXED USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAIL ROAD RIGHT-OF-WAY; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-101-13,01 AND 34. A. Recitals. 1. Charles Joseph Associates filed an application for General Plan Amendment DRC2004-00339 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and adopted Planning Commission Resolution No. 06-36 recommending approval by the City Council 3. On June 7, 2006, the City Council conducted a duly noticed public hearing on the application and concluded said hearing on that day. 4. All legal prerequisites prior to the adoption of this Resolution have occurred.. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on June 7, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to land having a 30 percent or greater slope that is located south of Banyan Street, including an approximately 21 acres of land, basically an irregular configuration, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Road Right-of-Way, and is presently vacant. Said property is currently designated as Mixed Use; and b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located. q2l/ CITY COUNCIL RESOLUTION NO. DRC2004-00339 - CHARLES JOSEPH ASSOCIATES June 7, 2006 Page 2 northwest of the project site adjacent to the Medium Density residential development; and c. Hillside Development criteria ofthe General Plan and Development Code were not intended to apply as uniformly as with a residential designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes, particularly those located north of Banyan Street. In this case we have a 20 acre fractured site surrounded by developed land located south of Banyan Street. In fact, the site has been so altered (Foothill Boulevard., R.R. Line, a water reservoir, and a water tank with graded access roads), that the site is no longer in a natural condition. Few, if any other sites with 30 percent slopes exist south of Banyan Street and so this amendment will have limited application in the City. Therefore, this amendment does not conflict with the I..and Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element by allowing for the implementation of the Mixed Use designation in this area; and e. In as much as an Office Commercial use allowed under the Mixed Use Designation would not be subject to the Hillside Density provisions of the General Plan and Development Code but would allow a non-residential project of the same or more intense building mass, this amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessmentfor the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant liffect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. '-It 5 CITY COUNCIL RESOLUTION NO. DRC2004-00339 - CHARLES JOSEPH ASSOCIATES June 7, 2006 Page 3 c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of General Plan Amendment DRC2004-00339, by amending the General Plan Text, as shown in the attached Exhibits A, C, and D. 6. The Secretary to this Council shall certify to the adoption of this Resolution. if ~ (:, % Natural Slo e 5 or less 5 to 7.9 8 to 14.9 15 to 29.9 30 and over EXHIBIT A TABLE 11I-27 SLOPE DEVELOPMENT GUIDELINES Guidelines This is not a hillside condition. Grading with conventional, fully padded lots and terracin is acce table. Development with grading is permitted in this zone, but existing landforms must retain their natural character. Padded building sites are permitted, however, techniques such as contour grading, combined slopes, limited cut and fill, and split level architecture, or padding for the structures only, may be required to reduce grading. When in conjunction with the techniques described above, and for a project within a master plan which includes special design features such as a golf course, extensive open space, or significant use of green belts or paseos, the Planning Commission may consider the use of mass grading techniques adjacent to these s ecial desi n features as artial com Iiance with this standard. This is a hillside condition. Special hillside architectural and design techniques that minimize grading are required in this zone. Architectural prototypes are expected to conform to the natural landform by using techniques such as split level foundations of greater than 18 inches, stem walls, stacking and clustering. In conjunction with the alternative techniques described above, and for a project within a master plan which includes special design features such as a golf course, extensive open space or significant use of green belts or paseos, the Planning Commission may consider padded building sites adjacent to those special features when it is found that said grading creates a better relationship between that s ecial desi n feature and the ad'acent lots. Development within this zone is limited to no more than the less visually prominent slopes, and then only where it can be shown that safety, environmental and aesthetic impacts can be minimized. Use of larger lots, variable setbacks and variable building structural techniques such as stepped, or pole foundations are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of traffic and roadways is to be minimized by followin natural contours, or usin rade se arations. This is an excessive slope condition and development is prohibited. unless all the followinq are satisfied: (i) the property is located south of Banyan Street; (ii) at least 75% of the lots or parcels that are the subiect of the development application are surrounded by lots or parcels improved with structures; and (iii) the proposed proiect is determined to appropriately address slope stability and other qeoloqical factors of the site. Lf~7 6.4.8.2 Hillside development should minimize alteration of the natural landforms and be clustered where feasible to retain maximum open space. Discussion: Our objectives for managing development in hillside areas are to maintain existing slopes, vegetation, wildlife corridors, drainage patterns. knolls, rock outcrops, and ridgelines wherever feasible. Furthermore, we should avoid development that would result in fire, flooding, landslide, erosion, and other safety hazards. We seek hillside development that limits the extent of grading alterations to natural landforms, and provides for innovate design and arrangement of building sites that retain significant natural habitats and features. Existinq slopes, veqetation, wildlife corridors, drainaqe patterns, knolls, rock outcrops, and ridqelines may be modified only if done in a manner consistent with the City's Hillside Development Ordinance. EXHIBIT C Lfl~ 2.1.2 Geologic Hazards The City of Rancho Cucamonga, at the foothills of the San Gabriel Mountains, is primarily underlain by five different types of geologic deposits: · metamorphic basement rock of the eastern San Gabriel Mountains, · older alluvium underlying the Red Hill area, . alluvial fan deposits ranging from Pleistocene to recent times, · alluvial deposits in modern washes, and . wind-blown sands underlying the south-central portion of the City. These different types of geologic deposits, in large measure, control the distribution of geologic hazards in the City. They are further detailed on Exhibit V-2, Geology of Rancho Cucamonga. An additional component of our geologic heritage is reflected in Exhibit V-3, Soil Types of Rancho Cucamonga. Examination of these two exhibits reveals the clear dominance of alluvial fans that extend out from the San Gabriel Mountains. The alluvial areas are dominated by various degrees of sandy loam, although a significant deposit of wind-blown sands has importance in the southerly portion of our City. As discussed further in the policy section, a key consideration in how geologic and soil conditions are managed under our policies is the slope condition combined with these natural attributes. We make a distinction between slopes with the following characteristics, which are illustrated in Exhibit V-4, Slopes of Rancho Cucamonga: Slopes less than 10% slope: No special treatment is required because of slope. Slopes between 10 and 30%: Special treatment under our hillside development standards is required. Slopes in excess of 30%: No development is permitted in these areas, unless all the followinq are satisfied: (i) the property is located south of Banyan Street; (ii) at least 75% of the lots or parcels that are the subject of the development application are surrounded by lots or parcels improved with structures; and (iii) the proposed project is determined to appropriately address slope stability and other qeoloqical factors of the site. It is important to keep in mind, particularly in the hillside development areas, that geologic and soil conditions can cause properties of a similar steepness to be managed differently because of differences in their vulnerability to erosion, failure, or other complications resulting from grading and development activity. Our debris-flow hazard depends on numerous factors: soil depth and composition, the kind of vegetation and the size of tree roots, subtle variations in slope shape, road cuts, drainage pipes, incongruities in underlying bedrock, and even the presence of small animal burrows. In addition, water can collapse a slope after traveling beneath the surface from miles away. EXHIBIT D-1 '121 2.3.2. Geological Hazards 2.32.1 We shall continue enforcement of our Hillside Development Guidelines to ensure prudent development and redevelopment for all property greater than 10% in slope, and continue to preserve as open space property greater than 30% in slope, except as otherwise provided below. Discussion: The most effective way we have to protect lives and property from debris flows and slope instability is to continue to prohibit development on property that exceeds about 30% in slope, in accordance with current ordinances, unless all the followinq are satisfied: (i) the property is located south of Banyan Street; (ii) at least 75% of the lots or parcels that are the subiect of the development application are surrounded by lots or parcels improved with structures; and (iii) the proposed project is determined to appropriately address slope stability and other qeoloqical factors of the site.. Property having a natural slope between10% and 30% can be made unstable by activities of man. Therefore, we have adopted hillside development guidelines for those areas. Our hillside development guidelines enforce the existing grading standards and require aesthetic treatments that both improve the appearance of the hillsides and preserve the stability of the slopes. These measures include returning slopes to their natural appearance and steepness after grading. Environmental preservation of the eastern San Gabriel Mountains is also required to reduce debris flow potential. Development of the hillside terrain will only increase the potential for debris flows to damage the City unless the situation is carefully managed. EXHIBIT D-2 ~3D DRAFT ORDINANCE NO. 7 & 2. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2004-00352, A REQUEST TO AMEND THE DEVELOPMENT CODE TO ALLOW THE DEVELOPMENT OF THE LAND THAT CONTAINS A 30 PERCENT SLOPE UNDER SPECIFIED CIRCUMSTANCES INCLUDING LAND WITHIN A MIXED-USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAIL ROAD RIGHT OF WAY, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 06-37, recommending that the City Council of the City of Rancho Cucamonga adopt said Amendment. 2. On June 7, 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development Code Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on June 7, 2006, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to land having a 30 percent or greater slope that is located south of Banyan Street, including an approximately 21 acres of land, basically an irregular configuration, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Road Right-of-Way, and is presently vacant. Said property is currently designated as Mixed Use; and b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development; and ,-/jJ DRAFT CITY COUNCIL ORDINANCE NO. DRC2004-00352 June 7, 2006 Page 2 c. Hillside Development criteria of the General Plan and Development Code were not intended to apply as uniformly as with a residential designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes, particularly those located north of Banyan Street. In this case we have a 20 acre fractured site surrounded by developed land located south of Banyan Street. In fact, the site has been so altered (Foothill Boulevard., R.R. Line, a water reservoir, and a water tank with graded access roads), that the site is no longer in a natural condition. Few, if any other sites with 30 percent slopes exist south of Banyan Street and so this amendment will have limited application in the City. Therefore, this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element by allowing for the implementation of the Mixed Use designation in this area; and e. In as much as an Office Commercial use allowed under the Mixed Use Designation would not be subject to the Hillside Density provisions of the General Plan and Development Code but would allow a non-residential project of the same or more intense building mass, this amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. SECTION 3: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, this Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5( c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5( c-1-d) of Title 14 of the California Code of Regulations. J.f32 DRAFT CITY COUNCIL ORDINANCE NO. DRC2004-00352 June 7,2006 Page 2 SECTION 4: Chapter 17.24, is hereby amended to change 17.24.050 Hillside designation, in words and figures, as shown in the attached Exhibit "A." SECTION 5: 17.24.080 Density, is hereby amended to read, in words and figures, as shown in Exhibit B. SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that anyone or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. q~3 Title 17 DEVELOPMENT CODE Chapter 17.24 HILLSIDE DEVELOPMENT REGULATIONS 17.24.050 Hillside designation. The following shall serve as general standards for the five established slope zones to ensure that development will compliment the overall character of the landform. In order to permit the extension of a logical design concept, the standards for one zone may be applied to limited portions of the adjacent zone. Slope Zone % Natural Slope Standards 1. 5 or less 2. 5 to 7.99 EXHIBIT A This is not a hillside condition. Grading with conventional fully padded lots and terracing is acceptable. Development with grading is permitted in this zone but existing landforms must retain their natural character. Padded building sites are permitted; however, techniques such as contour grading, combined slopes, limited cut and fill, and split level architectural prototypes, or padding for the structures only, may be required to reduce grading. In conjunction with the techniques described above and for a project within a master plan which includes special design features, such as a golf course, extensive open space, or significant use of green belts or paseos, as exemplified in the following cluster development, the planning commission may consider the use of mass grading techniques adjacent to these special design features as partial compliance with this standard. tf; '-/ 3. 8 to 14.9 4. 15 to 29.9 This is a hillside condition. Special hillside architectural and design techniques that minimize grading are required in this zone. Architectural prototypes are expected to conform to the natural landform by using techniques such as split level foundations of greater than eighteen inches, stem walls, stacking, and clustering. In conjunction with the alternative techniques described above and for a project within a master plan which includes special design features, such as a golf course, extensive open space, or significant use of green belts or paseos, the planning commission may consider padded building sites adjacent to those special features when it is found that said grading creates a better relationship between that special design feature and the adjacent lots. Development within this zone is limited to no more than the less visually prominent slopes, and then only where it can be shown that safety, environmental, and aesthetic impacts can be minimized. Use of larger lots, variable setbacks, and variable building structural techniques ~g5 5. 30 and over such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of traffic and roadways is to be minimized by following natural contours or using grade separations. This is an excessive slope condition and development is prohibited, unless all the followinq are satisfied: (i) the property is located south of Banyan Street; (ij) at least 75% of the lots or parcels that are the subject of the development application are surrounded by lots or parcels improved with structures: and (Hi) the proposed project is determined to appropriately address slope stability and other qeolooical factors of the site. 'Ig~ 17.24.080 Density. Slope density regulations which correlate intensity of development to steepness of terrain will be used to minimize grading, removal of vegetation, land instability, and fire hazards. The total allowable residential dwelling units shall be calculated based on the total (buildable) land area within each slope category multiplied by the capacity factor for each to the slope category. A. Calculation of Density. The maximum number of units that may be permitted in a proposed development shall be determined by multiplying that area of land in each slope category by the capacity factor shown in the following table, taking the products of these calculations converted to square feet, and dividing this figure by the required site area unit in square feet prescribed in the underlying zoning district (except the hillside residential district where there is no minimum lot size required). In the hillside residential district, the allowable amount of buildable area resulting from the capacity factor calculation will constitute the adjusted net buildable area. B. Land Capacity Schedule. Slope Category *Buildable Area in square feet Capacity Factor Adjusted Net Buildable Area (square feet) Under 10 percent 10-14.9 percent 15-19.9 percent 20-24.9 percent 25-29.9 percent 30+ percent x 1.00 = x 0.75 = x 0.50 = x 0.25 = x 0.025 = x 0.0 = Divided by minimum lot size requirement of underlying zoning district except in Hillside Residential Permitted number of units *Buildable area is a contiguous area of the lot which is less than thirty percent in natural slope or in the area determined, through environmental studies and investigation, as buildable. EXHIBIT B 'I~7 C. Exceptions. The following land areas, meeting any or all of the following criteria, shall not be included in the calculation of total allowable dwelling units: 1. All land areas, regardless of slope, which will be subject to inundation during a 'one hundred year storm after development has occurred; 2. All land which is in a geologic hazard zone, as defined in the safety element of the general plan of the city, and for which no feasible mitigation measures are proposed; 3. All land area which lies within a federally recognized blue line stream, or contains significant riparian or stream bed environs. (Ord. 416 S 6 (part), 1990) 4. All the followinq are satisfied: (j) the property is located south of Banyan Street; (ij) at least land where 75% of the lots or parcels that are the subiect of the development application are surrounded bv lots or parcels improved with structures; and (iii) the proposed project is determined to appropriately address slope stability and other oeolooical factors of the site. '138 'I, THE C I T Y o F RANCIIO CUCAMONGA Staff Report DATE: June 7,2006 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Dan Coleman, (Acting) City Planner BY: Larry Henderson AICP, Principal Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-01197 - To amend the General Plan Land Use Map from Open Space-Flood Control to Mixed Use with a Master Plan Designation, amending the Parks and Recreation Chapter, and the Flood Hazards Chapter for the development of 9 single-family detached residences, 126 multi-family residential units (14.77 acres), and 2 office buildings (3.66 acres) of one and two-story designs, totaling 44,782 square feet on a total net site area of 14.31 acres, located on the south side of Church Avenue between Center and Haven Avenues. APN: 1077-401-3S and 36. Related Files: Tentative Tract Map SUBTT1743S, Design Review DRC200S-00071, and Development District Amendment DRC200S-00001. DEVELOPMENT DISTRICT AMENDMENT ' DRC200S-00001 PITASSI ARCHITECTS, INC. - A request to change the Development District Map from Flood Control to Mixed Use property on a total net site area of 14.31 acres, located on the south side of Church Street between Center and Haven Avenues- APN: 1077-401-35 and 36. Related Files: General Plan Amendment DRC2004-01197, Tentative Tract Map SUBTT1743S, Tentative Parcel Map SUBTPM17460, and Design Review DRC2004-00071. RECOMMENDATION: Approval as unanimously recommended by the Planning Commission and Staff by adoption of the attached Resolution 06-20 for General Plan Amendment DRC2004-00197 and Ordinance for Development District Map Amendment DRC200S-00001. A Mitigated Negative Declaration is recommended for certification. BACKGROUND/ANALYSIS: The Planning Commission held a public hearing on April 12, 2006, for these items as part of the development proposal. A copy of the staff report and minutes are attached for detailed reference. The Planning Commission approved all of the related applications conditioned upon the City Council approval of the General Plan and Development District Amendments by the City Council. The project site is proposed as a future tf31 CITY COUNCIL STAFF REPORT GPA DRC2004-01197 AND DDA DRC2005-00001 June 7, 2006 Page 2 community park in the City's General Plan.1 The San Bernardino County Flood Control District offered the property to the City at the time when the property was determined to be surplus. The City declined purchasing the property, citing lack of funds to develop it into parkland. Exhibit 111-10 of the City's General Plan also designates the proposed project site as a proposed community park (Floating Designation). This exhibit states that "Proposed park sites and Special Use Facilities are considered floating designations until the final location of the site is determined." At the time of General Plan approval, the City had a population of 125,585 residents with developed parkland, trails, and special use facilities totaling 549.1 acres and undeveloped parkland totaling 150 acres. The City has a park standard of 5 acres per 1 ,000 residents. At build,.out of the General Plan in the year 2010, the City projects a population of 189,123 residents, which will require a total of 945 acres of parkland. The development of future parks under the General Plan will contribute 232.5 acres to the City's existing total parkland acreage. The 232.5 acres of future parkland when combined with the existing 549.1 acres and the undeveloped 150 acres of parkland will total approximately 931.6 acres, a deficiency of the desired 945 acres by 14.01 acres or 1.48 percent. Loss of the proposed project site that is 14.77 acres in size, as a future park site, would reduce the total amount of parkland available at build-out of the General Plan to approximately 917 acres, which is less than the desired goal of 945 acres. Although the project site is proposed as a future community park in the City's General Plan text, the Genera(Plan Parks and Recreation Plan Exhibit 111-10 does state that such designation is considered "floating" until the final location of the site is determined. Additionally, loss of the proposed project site as future parkland would not, alone, result in the City being unable to meet its parkland goal of 5 acres per 1 ,000 residents. Currently, the project site is designated as Flood Control in the City's General Plan. The project includes a General Plan Amendment to change the land use designation of the site to Mixed Use. The proposed project fulfills the policies of the General Plan including: the promotion of residential infill; the provision of a transition between commercial and lower density uses; and the provision of a variety of housing opportunities. The proposed project does not interfere with any policies for environmental protection. Although the project site is proposed as a future community park in the City's General Plan, the City declined to purchase the property; loss of the project area will not result in the City being unable to meet the parkland requirement of 5 acres per 1,000 residents. Therefore, impacts related to this issue are less-than-significant. The multi-family component of the proposed project includes a pool with a spa facility, tot lot, barbeque areas, open lawn area, and an exercise course/jogging path. Because the proposed project includes the development of housing units, it will cause an increase in population of the City; however, because of the relatively small size of the housing development, and the requirement of the developer to pay Parkland Fees, impacts to recreational facilities is considered less-than-significant. The Parks and Recreation Commission reviewed General Plan Amendment DRC2004-01197 on February 16, 2006, and by minute action, recommended to the Planning Commission and City Council the deletion of the text as shown on Page 111-152 of the General Plan; retain the Parks and Recreation Plan Exhibit 111-10 without modification indicating a floating Community Park Designation at the intersection of Haven and Church Avenues; and, the modification of the Open Space and Conservation Plan Exhibit IV-4, with the deletion of the Basin area as Flood Control. 1 City of Ranch Cucamonga 2001 General Plan, page 111-141 'ILl/) '\ CITY COUNCIL STAFF REPORT GPA DRC2004-01197 AND DDA DRC200S-Q0001 June 7, 2006 Page 3 FACTS FOR FINDING: 1. General Plan Amendment - The Master Plan and Architectural Plans illustrate the Land Use Amendment and meets the criteria contained in the General Plan relative to Mixed Use designation. 2. Development District Amendment - The Master Plan and Architectural Plans illustrate the Development District Amendment meets the criterion contained in the General Plan, relative to a Mixed Use designation, and is conformance with the intent of the Development District designation contained in the Development Code. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. No additional correspondence has been received subsequent to the Planning Commission action. CONCLUSION: The evidence submitted to the Planning Commission and City Council demonstrates that the land use amendment meets the criteria contained in the General Plan and is in conformance with the intent of the Development District designation contained in the Development Code relative to Mixed Use desi nation. A Mitigated Negative Declaration is recommended for certif tion. Dan Coleman Acting City Planner DC:LH/ge Attachments: Exhibit A - Planning Commission Staff Report dated April 12, 2006 Exhibit B - Planning Commission Minutes dated April 12, 2006 Draft City Council General Plan Amendment DRC2004-Q0197 Resolution No._ Draft City Council Ordinance for Development District Amendment DRC200S-00001 Lfl/ / THE C I T Y o F RANCIIO CUCAMONGA Staff Report DATE: April 12, 2006 TO: Chairman and Members of the Planning Commission FROM: Dan Coleman, Acting City Planner BY: Larry Henderson AICP, Principal Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-01197 - PITASSI ARCHITECTS, INC. - A request to amend the General Plan Land Use Map from Open Space-Flood Control/Utility Corridor to Mixed Use with a Master Plan designation, amending the Parks and Recreation chapter and the Flood Hazards chapter for the development of 9 single-family detached residences, 126 multi-family residential units (14.77 acres), and 2 office buildings (3.66 acres) of one and two story design totaling 44,782 square feet on a total net site area of 14.31 acres located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: Development District Amendment DRC2005-00001, Tentative Tract Map SUBTT17435, and Design Review DRC2005-00071. . DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 PITASSI ARCHITECTS, INC., - A request to change the Development District Map from Flood Control to Mixed Use on a total net site area of 14.31 acres located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: General Plan Amendment DRC2004-01197, Tentative Parcel Map SUBTPM17460, Tentative Tract Map SUBTT17435, and Design Review DRC2004-00071. ENVIRONMENTAL ASSESSMENT AND TENTATIVE'TRACT MAP SUBTT17435- PITASSI ARCHITECTS, INC. - A request to subdivide 14.77 gross acres of land into 10 numbered lots and two lettered lots for the sale of 135 residential condominium units in the Flood Control District (Mixed Use District proposed), located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: General Plan Amendment DRC2004-01197, Development District Amendment DRC2005-00001, Tentative Parcel Map SUBTPM17460, and Design Review DRC2004-00071. EXHIBIT A Lf'/2 '\ PLANNING COMMISSION STAFF REPORT DRC2004_01197/DRC2005-00001/SUBTT17435ISUBTPM17460 AND DRC2005-00071 April 12, 2006 Page 2 ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM17460 - PITASSI ARCHITECTS, INC. - A request to subdivide 3.36 net acres of land into 3 numbered lots for the sale of 2 office condominium units in the Flood Control District (Mixed Use District proposed), located at the southwest corner of Church Street, between Center Avenue and Haven Avenue- APN: 1077-401-35. Related Files: General Plan Amendment DRC2004-01197, Development District Amendment DRC2005-00001, Tentative Tract Map SUBTT17435, and Development Review DRC2004-00071. ' ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-00071 - PITASSI ARCHITECTS, INC. - A request to develop a Mixed-Use project comprised of 2 office buildings totaling 44,782 square feet for 126 residential attached Condominium Units and 9 si",gle-family detached units on a total net site area of 14.31 acres located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: General Plan Amendment DRC2004-01197, Development District Amendment DRC2005-00001 , Tentative Tract Map SUBTT17435, and Tentative Parcel Map SUBTPM17460. PROJECT AND SITE DESCRIPTION: A. Proiect Density: Residential 12.33 units per acre. Office is Floor Area Ratio (FAR) .30. B. Surroundina Land Use and Zonina: North - Single-Family, Low Density South - Office and Institutional (CVWD Equipment Maintenance Yard), Industrial Park East Vacant, Office . West Single-Family, Low Density C. General Plan Desianations: Project Site - Open Space-Flood Control/Utility Corridor, Proposed Mixed-Use with a Master Plan North - Low Density (2-4 Dwelling Units per acre) South - Industrial Park East Office West Low Density (2-4 Dwelling Units per acre) D. Site Characteristics: The project site is located in an urbanized area and has been previously disrupted during construction and operation of the existing detention basin. Based on a letter containing the results of a Biological/Regulatory Constraints Analysis conducted for the proposed project1, no special status species were observed on the project site during site reconnaissance conducted in January 2004. Because of the lack of suitable habitat, the project site is not expected to support any special status plants. 1 Letter from Glenn Lukos Associates containing Biological/Regulatory Constraints Analysis conducted for the 14.78- acre San Bernardino County Flood Control Basin property located in Rancho Cucamonga, San Bernardino County, California, April 29, 2004. Lfl{~ PLANNING COMMISSION STAFF REPORT DRC2004-01197/DRC200S-00001/SUBTT17 435/SUBTPM 17460 AND DRC2005-00071 April 12, 2006 Page 3 " A wetland delineation has been prepared for the project site2. All areas with depressions, drainage channels, or wetland vegetation were. evaluated utilizing U.S. Army Corps of Engineer (Corps) and California Department of Fish and Game (CDFG) criteria. A total of 0.62 acre of jurisdictional waters of the U.S. was found to be present within the study area. Of the 0.62 acre, 0.53 acre is jurisdictional wetlands and .09 acre is jurisdictional non-wetland waters of the U.S. The 0.62 acre area is also riparian/streambed and is, therefore, subject to California Department of Fish and Game (CDFG) jurisdiction. Development of the proposed project will eliminate the on-site jurisdiction areas. Effects to waters of the United States ar.e regulated by the Corps under Section 404 of the Clean Water Act. This permit is required prior to the placement of fill material within any area under Corps jurisdiction. Prior to issuance of a Section 404 Permit, a Section 401 Water Quality Permit must be issued. Affected CDFG jurisdictional areas are regulated by Fish and Game Code Section 1602, which regulates alterations to streambeds of lakes. A Streambed Alteration Agreement is required for any project that will divert or obstruct the natural flow of water, change the bed, channel or bank of a stream or use any material from a streambed. Initial Studies Part 1 and Part 2 were prepared and it was determined that with Mitigation Measures incorporated into the project, the environmental impacts have been reduced to an acceptable level. If the Planning Commission concurs, the adoption of a Mitigated Negative Declaration of environmental impacts would be in order. E. Parkino Calculations: Square Tvpe of Use Footaoe Parking Ratio Number of Spaces ReQuired Number of Spaces Provided Office 44,782 square feet 1/2S0 square feet for general office 179 270 garage spaces, 92 open 185 Residential 207 covered, 84 open. ANAL YSIS: A. General: The project site is proposed as a future community park in the City's General Plan3. The San Bernardino County Flood Control District offered the property to the City at the time that they determined the property to be surplus. The City declined purchasing the property, citing lack of funds to develop it into parkland. Exhibit 11I-10 of the City's General Plan also designates the proposed project site as a proposed community park (Floating Designation). 2 Delineation of Wetlands and Jurisdictional Waters, Church Street Basin, LSA Associates, November, 2004. 3 City of Ranch Cucamonga 2001 General Plan, page 11I-141 Ljl/l/ '\ PLANNING COMMISSION STAFF REPORT DRC2004-01197/DRC2005-00001/SUBTT17435/SUBTPM17460 AND DRC2005.,00071 April 12, 2006 Page4 This exhibit states that "Proposed park sites and Special Use Facilities are considered floating designations until the final location of the site is determined." At the time of General Plan approval, the.City had a population of 125,585 residents with developed parkland, trails, and special use facilities totaling 549.1 acres and undeveloped parkland totaling 150 acres. The City has a park standard of 5 acres per 1,000 residents. At build-out of the General Plan in year 2010, the City projects a population of 189,123 residents, which will require a total of 945 acres of parkland. Development of future parks under the General Plan will contribute 232.5 acres to the City's existing total parkland acreage. The 232.5 acres of future parkland when combined with the existing 549.1 acres and the undeveloped 150 acres of parkland will total approximately 931.6 acres, a deficiency of the desired 945 acres by 14.01 acres or 1.48 percent. Loss of the proposed project site that is 14.77 acres in size, as a future park site, would reduce the total amount of parkland available at build-out of the General Plan to approximately 917 acres, which is less than t,he desired goal of 945 acres. Although the project site is proposed as a future community park in'the City's General Plan text, the General Plan Parks and Recreation Plan Exhibit 11I-10 does state that such designation is considered "floating" until the final location of the site is determined. Additionally, loss of the proposed project site as future parkland will not alone result in the City being unable to meet its parkland goal of 5 acres per 1,000 residents. Currently, the project site is designated Flood Control in the City's General Plan. The project includes a General Plan Amendment to change the land use designation of the site to Mixed Use. The proposed project fulfills policies of the General Plan including: the promotion of residential infi"; the provision of a transition between commercial and lower density uses; and the provision of a variety of housing opportunities. The proposed project does not interfere with any policies for environmental protection. Although the project site is proposed as a future community park in the City's General Plan, the City declined to purchase the property, and loss of the project area will not result in the City being unable to meet the parkland requirement of 5 acres per 1,000 residents; therefore, impacts related to this issue are less- than-significant. The multi-family component of the proposed project includes a pool with a spa facility, tot lot, barbeque areas, open lawn area, and an exercise course/jogging path. Because the proposed project includes the development of housing units, it will cause an increase in population of the City; however, because 'of the relatively small size of the housing development, and the requirement of the developer to pay Parkland Fees, impacts to recreational facilities is considered less-than-significant. B. Parks and Recreation Commission: Reviewed General Plan Amendment DRC2004-01197 on February 16, 2006, and by minute action, recommended to the Planning Commission and City Council the deletion of the text as shown on Page 111-152 of the General Plan; retain the Parks and RecreationPlan Exhibit 111-10 without modification indicating a floating Community Park Designation at the intersection of Haven and Church; and, the modification of the Open Space and Conservation Plan Exhibit IV-4, with the deletion of the Basin area as Flood Control. C. Desian Review Committee: Reviewed Tentative Tract Map SUBTT17435 and Architectural Plans on January 17, 2006, and recommended approval. '-1'15 '\ PLANNING COMMISSION STAFF REPORT DRC2004-01197/DRC2005-00001/SUBTT17 435/SUBTPM17 460 AND DRC2005-00071 . April 12, 2006 Page 5 D. Technical Review Committee: Reviewed and recommended approval with conditions on January 17, 2006. E. Neiahborhood Meetina: A neighborhood meeting was held by the applicant on October 18, 2005, at the Central Park Community Center. The neighborhood residents were generally concerned about the density and intensity of the development proposed and the inadequacy of traffic-related improvements. A copy of the meeting notes is attached for reference. F. Environmental Assessment: A Mitigated Negative Declaration is recommended for certification. FACTS FOR FINDING: 1. General Plan Amendment - The Master Plan and Architectural Plans illustrate the land use amendment and meets the criteria contained in the General Plan relative to Mixed- Use designation. 2. Development Code Amendment - The Master Plan and Architectural Plans illustrate the Development Code Amendment meets the criterion contained in the General Plan, relative to a Mixed Use designation, and is conformance with the intent of the Development District designation contained in the Development Code. 3. Tentative Tract Map SUBTT17435 and Tentative Parcel Map SUBTPM17460 - The plans as submitted and conditioned are in conformance with the amended General Plan, Development District Map and Code, and the California Subdivision Map Act. 4. Development Review - The plans as submitted and conditioned are in conformance with: a. With the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. The proposed use is in. compliance with each of the applicable provisions of the Development Code; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the-vicinity. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. This item was originally scheduled to be heard by the Planning Commission on March 22, 2006, but was pulled from the agenda for a lack of quorum. The item was re-advertised for the April 12, 2006 meeting. On March 21, 2006, a Jetter was received from a resident, Jonathan Ausubel, 7653 Cartilla Avenue, regarding traffic concerns and pedestrian safety. The Engineering Department addressed the concerns and a memorandum responding to Mr. Ausubel's letter is attached. The Engineering Department has if If it> PLANNING COMMISSION STAFF REPORT DRC2004-01197/DRC200S-00001/SUBTT17435/SUBTPM17460 AND DRC2005-00071 April 12, 2006 Page 6 added a condition requiring the installation of a traffic signal at the intersection of Church. Street and Center Avenue. RECOMMENDATION: Approval of the project by the adoption of the attached resolutions recommending approval by the City Council General Plan Amendment DRC2004-01197 and Development District Amendment DRC2005-00001, and final action on Tentative Tract Map SUBTT1743S, Tentative Parcel Map SUBTPM17460, and Development Review DRC2005-00071 with conditions, subject to a 10 day appeal period. Staff also recommends the adoption of a Mitigated N 've Declaration of environmental impacts. Dan Coleman Acting City Planner DC:LH/ls Attachments: Exhibit A - Site Utilization Map Exhibit B - Tentative Tract Map SUBTT17435 Exhibit C - Tentative Parcel Map SUBTPM17460 Exhibit D - Site and Architectural Plans Exhibit E - Neighborhood Meeting Notes Exhibit F - Correspondence Exhibit G - Memo from the Engineering Department dated April 3, 2006 Exhibit H - Design Review Committee Minutes dated November 1, 200S. and January 17, 2006 Exhibit I - Initial Study Part I and Part II Draft Resolution Recommending Approval of General Plan Amendment DRC2004-01197 Draft Resolution Approving General Plan Amendment DRC2004-01197 Draft Resolution of Recommending Approval of Development District Amendment DRC200S-00001 Draft Ordinance Approving Development District Amendment DRC2005-00001 Draft Resolution of Approval for Tentative Tract Map SUBTT1743S Draft Resolution of Approval for Tentative Parcel Map SUBTPM17460 Draft Resolution of Approval for Development Review DRC200S-00071 Lf'-/7 '\. <: Ln ~ m 0 c Vl "<::t' <::J ~ ~ ~ f'.,. 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I-- :z: ::> LU 0 I-- U i ,I ~ I ~ ~ ~ ~~ n ~ ~g n ~I ~ :r "IS ~ 2:. ~ p ~U ~ ~ :;1'''. ~ I t ~ E~; i i 01 I~:t ~, l: :; ~iH. U -I.'"'' , ~I Hm i: ~I i~~~ i " ~ ~~ ~H u ~, wH r- Oil - ~'! J:U ~u::~ a: c. <! ~! ~ ~~ <!~:i '- ~: r- ~; 1i: :: r-- I ~ ~ ~ Ii 5~ i ~ gl: ~t E :z' !< l~ " ! -I-"ri~ u !L.. 0- '" ~ ~ g, ~ ~I .. ~I loW >1 ~ ~I o. ~ ~ ~ ~ I ~ ... 5 ~ ~~ ~ ~~ 6 ~! = ; l.:)~ u ~~~i o...~ ~ = ~a~ ~ => ~ea 'I Tentative Tract Map SUBTT17435, Design Review DRC2004-00071, General Plan Amendment DRC2004-01197, and Development District Amendment DRC2005-00001 NEIGHBORHOOD MEETING NOTES Attendance at the Neighborhood meeting was good with 21 adults and 8 children in attendance. The following topics were raised at the Neighborhood Meeting on October 18, 2005 relative to the development applications for the Church and Haven Project. 1. Traffic Signal needed at Center and Church intersection. The resident at the intersection indicated they did not want a traffic signal flashing in their window. 2. Will the unimproved lots on Church be improved with street widening on the north side of Church at and west of Center? Staff will check on the availability of right of way to accomplish the physical improvements. 3. The Marine and Church intersection has many traffic collisions will the improvements solve this problem? . 4. Consider using Haven only access during construction. 5. Consider as alternative land use all Single Family detached to lower traffic impacts associated with the proposed Mixed Use Land Use and limit access to Center Avenue only. 6. Off site perimeter improvements and grading will be accomplished during the first phase. 7. Too ml,lch density and condominiums in the area already. 8. When is the signal scheduled for Hermosa and Church? 9. Will the power lines on the north side of Church be put under ground with this Project? 10. Will parkway landscaping be installed on the north side of Church across from this Project? 11. Will parkway landscaping be installed on the south side of Church west from this Project to Hermosa? EXHIBIT E L{7g CITY OF RANCHO CUCAMONGA Planning Division City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 7653 Cartilla Ave. Rancho Cucamonga, CA 91730 March 20, 2006 MAR 2 l' 2006 RECEIVED - PLANNING To whom it may concern: Because I am unable to attend the Planning Commission meeting on March 22, 2006, I write in reference to Development District Amendment DRC2005-00001, the proposed development of condominiums, houses, and office space on the southwest comer of Haven Avenue and Church Street in Rancho Cucamonga. Having reviewed the paperwork on file at the City Planning Division, I must express concern over two apparent oversights in the proposal--the improper definition of "peak hours" in this location and the inadequate modifications to Church Street to mitigate traffic. The traffic study Summary and Conclusions state that, "With the addition of traffic generated by the project to opening day conditions, the study intersections are projected to operate at satisfactory levels in both peak hours" (22). However, the study seems not to have accounted for the fact that the intersection of Church Street and Cartilla Avenue is busiest during the hours when students from the Dona Merced School are coming and going. At these times, the pedestrian and vehicular traffic already make it quite difficult to exit Cartilla Avenue onto Church Street. I do not see how it is possible that traffic will remain "satisfactory" with the extension of Cartilla Avenue into the proposed development. This is especially true if the City follows the suggestion thatthe Church Street crosswalk should be moved from Center A venue to Cartilla Avenue (22, Conclusion 7). I am also concerned about safety at the intersection of Cartilla and Church: It seems implausible that the existing through-traffic on Church Street, a crosswalk, and vehicles turning left and right onto Church northbound and southbound from Cartilla will not create hazardous conditions for pedestrians and drivers alike. It also seems likely that traffic on Church Street will back up given that Church Street will not be widened at Center Street: Four lanes of traffic along Church between Haven and Cornell will squeeze into just two lanes at Center Street. An obvious solution to these traffic concerns is to close the entrance to Dona Merced School on Cartilla A venue. lIDs would eliminate both vehicular and pedestrian traffic from the school and thus mitigate both traffic and safety hazards. Jo A ubel, Ph.D. 909~66-3891 f 479 MEMORANDUM ENGINEERING DEPARTMENT Date: April 3, 2006 RANCHO CUCAMONGA To: Dan James, Senior Civil Engineer From: Jon Gillespie, Traffic Engineer Subject: DRC 2005-00001, Southwest corner of Haven and Church On March 21, 2006, a letter was received from Mr. Jonathan Ausubel regarding the subject development. Mr. Ausubel had several comments on traffic issues. Mr. Ausubel's concerns and staffs responses are as follows: Concern: The study did not account for the fact that the intersection of Church and Cartilla is busiest whenstLidents from the Dona Merced Elementary School are coming and going. Response: The Dona Merced Elementary 'School starts at 8:50 AM and lets out grades 1-3 at 2:45 PM and grades 4-6 at 3:05 PM. The traffic study collected traffic counts from 7-9 AM and from 4-6 PM. Therefore, the 7-9 AM traffic counts include traffic from Dona Merced Elementary School. The City's 24 hour traffic count record dated April 9, 2001, indicates that the heaviest traffic volume on Church Street occurs between the hours of 4 and 6 PM. The total traffic volume on Church Street between 2-3 PM and 3-4 PM was 472 and 485 vehicles respectively. The traffic volume on Church Street between 4-5 and 5-6 PM was 650 and 698 respectively. The traffic volume on Church Street from 2-3 PM is only,67% of the traffic volume from 5-6 PM. Therefore, the traffic volume on Church Street is not heaviest when the students are . leaving Dona Merced Elementary School. Concern: The traffic on Church Street will back up at Center Avenue if Church Street is not widened from 2 to 4 lanes. Response: Then traffic study indicates that the intersection of Church and Center will operate at an acceptable level of service (Level of Service C), even without installing a traffic signal or widening Church Street. However, if the proposed project is approved, the project will be conditioned to install a new traffic signal at the intersection of Church and Center, and to widen the north side of Church Street from Center Avenue westerly to the Park. The developer will be reimbursed for constructing these improvements from the City's Transportation Fee program, less the Transportation Fees owed by this project. The City's Transportation Fee charges $3,658 per single family dwelling unit, $2,195 per multi-family dwelling unit, and $4,390 per 1000 sf for office space. This development will owe approximately $500,000 in Transportation Development fees for the mitigation of new traffic generated by this project. Concern: The traffic study suggested moving the school crossing from the intersection of Church and Center to the intersection of Church and Cartilla. Response: City staff is recommending that the intersection of Church and Center be improved to its ultimate width and that a traffic signal be installed. Students living on the south side of Church Street will be directed to cross Church Stree't at the signal at Center Avenue. Q 'I~tJ '\ DRC 2005-00001, SOUTHWEST CORNER OF HAVEN AND CHURCH ApRIL 3, 2006 PAGE 2 Concern: If the entrance to the Dona Merced Elementary School on Cartilla Avenue could be ' closed, it would eliminate vehicular and pedestrian traffic on Cartilla Avenue going to and from the school. Response: The entry gate to the Dona Merced Elementary School is controlled by the School District. City staff does not see a safety problem with the school entry from Cartilla Avenue. If the residents on Cartilla Avenue desire to have this school entry closed, they need to address their request to the Central School District. If you have any questions, please call me at extension 4051. C: Joe O'Neil, City Engineer /' 'ittJ --...; DESIGN REVIEW COMMENTS 7:30 p.m. Larry Henderson November 1, 2005 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAPSUBTT17435 - PITASSI ARCHITECT, INC. _ A proposed 1 O-Iot subdivision map for Condominium purpose on a total net site area of 10.95 acres with a 3.36 acres remainder, located on the south side of Church Avenue, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related files: Development Review DRC2004-00071. G.eneral Plan Amendment DRC20Q4-01197. and <, Development District Amendment DRC200S-00001. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-00071- PITASSI ARCHITECTS, INC. _ The proposed development of two office buildings totaling 44,782 square feet, 126 residential Condo~iniumunits, and nine single-family detached units on a total net site area of 14.31 acres, located on the south side of Church Avenue, between Center Avenue and. Haven Avenue _. APN: 1077-401-35 and 36. Related files: Tentative Tract Map SUBTT17435, General Plan Amendment DRC2004-01197, and Development District Amendment DRC2005-00001. Desian Parameters: The project site is a surplus retention basin that the San Bernardino County Flood Control District has sold for development The approximately 14-acre site is within an established neighborhood that is bordered by the Cucamonga Valley Water District (CVWD) . Maintenance Yard on the south and single-family single storY residences to the west and north. The proposal to include office use on the east side of the site increases the challenges to create a new residential use that is compatible with neighboring industrial and residential uses. II A neighborhood meeting was held on October 18, 200S, at Central Park Community Center. The neighborhood residents were generally concerned with the density ar:'ld intensity of development proposed and, the inadequacy of traffic-related improvements. A copy of the meeting notes is attached for reference. Staff Comments: The following comments are intended to provide an outline for Committee discussion. ' Maior Issues: The following broad design issues will be the focus of Committee discussion regarding this project: 1. The current design for the single-family homes creates a rear-on orientation to Center Street, which is contrary to the existing front-on single-family residences across Center Street. The homes on the west side of Center Street have a front yard setback of approximately 37 feet to the curb face while the current new development design proposes a 17 -foot parkway side walk and landscape area to the rear tract wall. A redesign of the single-family homes to front onto. Center Avenue (rather than turn their backs onto the existing neighborhood as shown> may be a consideration. The single-family homes could be designed with rear-loaded garages that access from the interior of the project site similar to the John Laing Homes project that has single-family homes fronting on San Bemardino Road. 2. The residential portion of the project has a density of 12.4 dwelling units per acre. Although transition of density has been provided by new single-family detached homes along Center Street, the Committee should discuss whether similar transition should occur along Church II- '-/ gt DRC ACTION AGENDA SUBTT17435 AND DRC200S-00071 - PITASSI ARCHITECTS, INC. November 1 , 2005 Page 2 Street. The existing single-family neighborhood to the north, across Church Street, is 70 percent corner side-on and 30 percent rear-on. The proposed condomin,ums are approximately 140 feet from the nearest house to the north. The basin will be filled to develop the site and pad grades are proposed at 2 to 4 feet below Church Street and 4 to 6 feet below the houses to the north. 3. The entire project utilizes two architectural styles: Spanish Colonial and Craftsman. The Office development is Spanish Colonial, with ~he condominiums and single-family detached a mixture of both styles. In keeping with the Commission's review of similar projects, the ponsideration of creating a neighborhood theme within a neighborhood may be appropriate to consider with architectural styles applied to creating a neighborhood pod within the development that would provide a greater degree of identity than the random placement of the two styles. ' 4. Office Buildings - The applicant must submit elevations of the sides and rears of both buildings. A colored rend~ring of the project as viewed from Haven Avenue should also be provided. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the fOllowing secondary design issues: 1. It is recommended that project entrances be designed so that they could be retrofitted in the future to meet City standards for a private gated community, particularly turning radius (see Engineering Department handout). Many of the City's apartment and mobile home projects are now retrofitting gated entries. 2. Consider providing a gated pedestrian access to the Office use area in order to create a truer. mixed-use project. 3. Mailbox location(s) should be labeled on the Site Plan. 4. A mixed-use project is usually recommended to be built in one phase; however, a Phasing Plan would be considered if submitted; No Phasing Plan was submitted; hence, it must be assumed that the entire block will be developed at one time. This is not a true mixed-use project because the residential and office portions are physically independent Staff Recommendation: Staff recommends the project be modified to address those issues the Committee determines warrant further study. I Attachment DesiQn Review Committee Action: Members Present: Stewart, Coleman (McPhail abstained) Staff Planner: Larry Henderson The Committee r~commended that the applicant revise the project to include single-family homes as a density transition along Church Street. The Committee recommended that the applicant review the latest architectural plans for Lewis' "AmadorA project. The Committee noted that the City is taking a more cautious approach to in-fill projects to ensure design sensitivity. Lf83 - f~1 . ,} DRC ACTION AGENDA SUBTT17435 AND DRC2005-00071 - PITASSI ARCHITECTS, INC. November 1, 2005 Page 3 . The Committee noted that the applicant is requesting a -Mixed-Use- land use and zoning designation; however, indicated that there is nothing mixed about the Site Plan concept The residential and office portions have been designed as totally separate. The Committee expressed concem that the residential Site Plan is too rigid. The Committee indicated that they would support use of three-story buildings on the southerly portion of the project if . single-family homes were provided along Church Street. The Committee stated that the office portion was attractive; however, full elevations of all sides of both buildings need to be submitted for their review. The Committee. recommended that the project be revised and retum as a full item. II i;8'/ '\ .~~ . DESIGN REVIEW COMMENTS 8:10 p.m. Larry Henderson ' , January 17, 2006 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECT, INC. _ A request to subdivide 14.77 gross acres of land into 10 numbered lots, and two lettered lots, for the sale of 135 residential condominium units in the Flood Control District (Mixed Use District proposed), located on the south side of Church Avenue, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related files: Design Review DRC2004-00071" Gen~nal Plan Amendment DRC2004-01197, and Development District Amendment DRC2005-00001. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-00071 PITASSI ARCHITECTS, INC. _ A request to develop a ~ixed Use project comprised of two office buildings totaling 44,782 square feet, 126 residential attached condominium u'nits and nine single-family detached units, on a total net site area of 14.31 acres; located on the south side of Church Avenue, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related files: Tentative Tract Map SUBTT17435, Tentative Parcel Map SUBTPM17460, General Plan Amendment DRC2004-01197, and Development District Amendment DRC2005-00001. Oral presentation will be given by Principal Planner. Plans will be available at the meeting. Attachments II Desian Review Committee Action: Members Present: Stewart, McPhail, Coleman Staff Planner: Larry Henderson The Committee recommended approval 'of the project as presented. '\. 'fgs 'I, - - ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) (Please type or print clearly using ink. Use the tab key to move from one 6neto the next line.) City of Rancho Cucamonga Planning DMsion (909) 477-2750 . ..' . . . - . . rtle~poseOft"i$~~iS"'infotl!itl1e Cityoftll~basic; components()f~~Qsed . J'!'toilii<t s~'tlIat tI1eWt;y"!1l]l~'I'8Vie~ tlIe"t?jl\ct PI,lr5&i!'rittoCily f'olic;les;;()l"dilll'nFIHI,and, ..., ~~iil!llj6~; tit, Cl]i!Jffltn1a .Environmen\llJ:Qlll'l!ly,Act;l'nd ".theC~,RII....aild :,j:?r()CedUr~$,t(;)Jl11pJ~me,nt,qEQA~" 'It .,isirnpottaldthat,th~information' tequ~$ted~iri,thi$' .1~~~~~~'r(~~liff~f'D~I;tu~~i~~~~;~~~~~evelip.~~:t~~o~a~Oll· INCOMPLETC APPLlCA nONS WILL NOT BE PROCESSED, Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing' information. Application Num~er for the project to which this form pertains: Project Title: 'Residential/Office Mixed Use Proj ect Name & Address ofprojectowner(s): Diversified Pacific Development Group, Phil Burum, 10621 Civic Center Drive Rancho Cucamonga, CA 91730 Name & Address of developer or project sponsor: Diversified Pacific Development Group, Phil Burum, 10621 Civic Center Drive, Rancho Cucamon a CA 91730 CITY OF 'j; '\1".'-1'.)' :."', ' ;\\lllD'I~GA tit I ,\ "~_ ',JI.!.Jj I. NOV J 5 2001~ 1- __"f-'n l~';-'. :-)1 i\ t\1T\lIt\lA Lfftb e e Contact Person & Address: Peter J. Pitassi, AlA, Pitassi Architects, Inc. 8439 White Oak Avenue, Suite 105 Rancho.Cucamonga, CA 91730 Name & Address of person preparing this form (if different from above): Peter J. Pi tassi AlA. Pitis~fuiA~cbite~ts,.lfio~~s8439 White Oak Ave., Suite 105 Rancho Cucamonga, CA 91730 Telephone Number: (909).980-1361 PROJECT INFORMA TION & DESCRIPTION: Information indicated by an asterisk (j is not required CJf non-construction CUP's unless otherwise requested by staff. *1) Provide a full scale (8-1/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. . 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west; views into and from the site from the primary access points that seNe the site; and representative views of significant features from the site. Include a map showing location of each photograph. 3) ProjectLocation (describe): 14.77 acres in two parcels at the southwest corner of Church street and Haven Avenue. 4) Assessors Parcel Numbers (attach additional sheet if necessary): 1077-401-35 & 36 *5) Gross Site Area (ae/sq. ft.): 14.77 acres *6) Net Site Area (total site size minus area of public streets & proposed dedications): 14.31 acres 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): The parcels are currently designated "Flood Control - utility Corridor". We are proposing to amend the generp.l plan to designate these parcels as "Mixed Use". . . '187 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: e e , ' G.p.A.,Development District Amendment, Design Review Approval, Parcel Maps, Condominium Tract Map, Grading Permit, Building Permits. A Section 404 Permit from the Army Corp. of Engineers, and a 1602 Permit from the CDFG. We will also require a WDR from the RWQCB. 9) Describe the physical setting of the site as it exists before the project including information on topography, .soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, cite all soL/rces of information (i. e~, geological and/or hydrologic studies, biotic and archeological sUNeys, traffic studies): The site is vacant and was formerly used as a detention basin by the County Flood Control District. As a result of recent flood control improvements in the vicinity, the County deemed the property "surplus" and sold the parcels to Diversified Pacific Development Group through a public auction. The property is bermed on 4 sides and includes several storm drain outlets alon the northern edge including control structures at the southeast corner. There are no buildings on the site. Attached is a detail~d Biological study prepared by Glenn Lukos Associates and a Focused survey prepared b LSA. These studies describe the h .sicalssett:in and address biological issues in greater detail. 10) Describe the known cultural and/or historical aspects of the site. Cite all sources ofinforrnation (books, published reports and oral history): No known historical or cultural significance is associated with this site. '-Ig~ e e 11) Describe any noise sources and their levels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Haven Avenue is a Major Divided Highway and generates traffic noise. The CVWD facility to the south could generate noise from maneuvering vehicles. Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s) if necessary: See attached sheet. 12) 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, d(Jpartment stores, etc.) and scale of development (height, frontage, setback, rear yard, etc.): To the north and west of teh site, one story single family homes . are present. To the south, the CVWD Administration and Maintenance Facility occupies the majority of property. Commercially zoned and developed property exists along Haven Ave. east and south of the site. 14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? No. Our proposal will provide appropriate transitions between.the industrial uses to the south and the residentialuse~to th~ north and west. Lf fl1 " e e 12. The proposed mixed use project includes an office use adjacent to Haven Avenue and multi-family residential use within the middle ofthe site. Single family detached units will be positioned along Center Avenue. The office use along Haven Avenue is consistent with other commercial development south and east of the site. The multi-family residential use provides an appropriate transition between the industrial and maintenance uses to the south and the existing single family homes north of Church Street. Our proposal includes the positioning of single family detached units along Center Avenue to provide asofter transition to the existing homes which front along this street. To accomplish the transition uses envisioned for thisinfill site, a General plan designation of "MU" or "Mixed Use" is requested. , Lf91J 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these noise levels affect adjacent properties and on-site uses? What methods of soundproofing are proposed? No noise generating uses are proposed. Onsite vehicle noise e e may be generated from the drives and parking areas. *16) Indicate proposed removals and/or replacements of mature or scenic trees: None. 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: The site will continue to drain to the Deer Creek Flood Control Channel. 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at 987-2591. a. Residential (gaVday) 38, 601 Peak use (gaVDay) (x~J 77, 202 b. CommerciaVlnd. (gaVday/ac) 1 5 , 568 Peak use (gaVmin/ac) (x2) 31, 136 (assume 16 tenants) 19) Indicate proposed method of sewage disposal. 0 Septic Tank }QlI Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at 987-2591. a. Residential (gaVday) ~370 6,384 b. CommerciaVlndustrial (gaVday/ac) RESIDENTIAL PROJECTS: 20) Number of residential units: -2.35 Detached (indicate range of parcel sizes, minimum lot size and. maximum lot size: Nine (9) lots averaging 5,000 sa. ft. Attached (indicate whether units are rental or for sale units): 126 for sale condominium units. '-11 / e e 21) Anticipated range of sale prices and/or rents: Sale Price(s) $200,000.00 to $ 400,000.00 Rent (per month) $ to $ 22) Specify number of bedrooms by unit type: Single family will be 3 and 4 bedrooms. Multifamily will be equally divided between 2 and 3 bedroom units. 23) Indicate anticipated household size by unit type: All uni tscan anticipate occupancies of singles to households of up to 5 peopl~. 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary: Central School District K-8 = .48/unit 135 x .48 = 65 b. Junior High: c. Senior High ~x .27 =36 COMMERCIAL. INDUSTRIAL. AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional uses: Professional and medical office. 26) Total floor area of commercial, industrial, or institutional uses by type: Approximate 20,000 sq. ft. of medical office use. Approximate 20,000 sq. ft. of professional office use. 27) Indicate hours of operation: Normal business hours of 8:00 a.m. to 5:00 p.m. 28) Number of employees: Total: Unknown at this time Maximum Shift: Time of Maximum Shift: '1tJ2 ", 29) provide breakdown of anticipatedjob classifications, including wage and salary ranges, as well as an indication of the rate ot hire for each classification (attach additional sheet if necessary): Unknown at this time. e e 30) Estimation of the number of workers to be hired that currently reside in the City: Unknown *31) For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at (818) 572-6283): N/A ALL PROJECTS 32) Have the water, sewer, fire, and nood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so, please indicate their response. CVWD can provide water and sewer service to the site from existing infrastru6ture. Flood control capacity exists in the Deer Creek Flood Control Channel. See the attached Hydrology Report and correspondence from the Army Corp. ,I 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, solvents, and other nammable liquids and gases. Also note underground storage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, it known. None to 'our knowledge. Lf13 e e 34) Will the proposed project involve the temporary or long-term use, storage,or discharge of hazardous and/or toxic materials, including but not limited to those examples listed above? If yes, provide an inventory of ai/such materials to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. .No. I hereby certify that the statements furnished above and in the attach hibits present the data and information required for adequate evaluation of this project to the best of my ability, that ~h~fEjcts, state , . ormation presented are true and correct tot he best of my knowledge and belief. I further understand mat additi fOfi atio ay required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamo Dare: November 15, 2004 '-191 '\ \ I e e HAZARDOUS WASTE SITE STATEMENT . I have been informed by the City of Rancho Cucamqnga of my responsibilities pursuant to California Government Code Section 65962~5 (copy attached) to notify the City as to whether the site for which a development application has been submitted is located within an area which has been designated as the location of a hazardous waste site by the Office of Planning and Research, State of California (OPR). I have also been informed by the City of Rancho Cucamonga that, as of the date of ' executing this Statement, OPR has not yet compiled and distrubteda list of hazardous waste sites as required by said Section 65962.5. I am inform,ed and believe that the proposed site for which a development application has been submitted is not within any area specified in said Section 65962.5 as a hazardous waste site. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Dated: /oJ d V~ /9 r '7-01 t , '::-1 /(1 I ~ Applicant '115 .. . e e ATTACHMENT "A" . CITY OF RANCHO CUCAMONGA ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water UsaQe Single-Family Multi-Family 705 gallons per EDU per day 256 gallons per EDU per day 1000 gal/day/unit (tenant) 4082 gal/day/unit (tenant) 973 gal/day/unit (tenant) 6412 gal/day/unit (tenant) 1750 gal/day/unit (tenant) 2020 gal/day/unit (tenant) 1863 gal/day/unit (tenant) Neighborhood Commercial General Commercial Office Professional Institutional/Government Industrial Park Large General Industrial Heavy Industrial (distribution) Sewer Flows Single-Family Multi-Family 270 gallons per EDU per day 190 gallons per EDU per day General Commercial Office Professional 1900 gal/day/acre 1900 gal/day/acre Institutional/Government Industrial Park Large General Industrial Heavy Industrial (distribution) 3000 gal/day/acre 2020 gal/day/acre 1863 gal/day/acre Source: Cucamonga Valley Water District Engineering & Water Resources Departments, Urban Water Management Plan 2000 1:\PLANNING\FINAL\FORMS\COUNTER\lnitial Study Pal Rev. 3/17/04 '-Iq~ e e ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etiwanda 6061 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909) 988-8511 1:\PLANNING\FINAL\FORMS\COUNTER\lnitial StudyPart1.docPage 10 of 10 ' <\ , " . . 'w \./ L/Cj1 Rev. 3/17/04 r:: res - Q.. ~ ~ Lf18 -. res "i: ~ '\ .r::. u lo.. ~ .r::. U .... o .r::. ...... ~ o In . Q) ~ lo.. Q.) .... c: CI) U '+- o CI) -c .U; t:: CI) S ;: '119 .r:. u ... j .s:::. U ...... o .r:. .... :::I ~ c) > < '- Q) .... c: Q) U ...... o Q) "'0 'Vi ~ Q.) s , o - '\ " Lo.. ~ c Q) U -0 c ns c C1J > res ::I: c Q) C1J ~ .J:J ...; r.J") .s:::. u '- == ..c. U ~ o Q) "'0 'ti) ..c 1:: o Z . r-... 'I"""' .s::::. u to- :::2 .s::::.' U '+- o .s::::. ..... :::2 ~ I as > <( .... G) ..... c a '+- o CI) "'C oei) ~ CI) $ ~ ~ \ , \, \ \ \ \ \ \ \ \ ~ \ \ \ \. \ \ \ \ \ :.\ ~ QJ ..... c: Q) U "'0 c: ~ c: ~ ~ J: c: CIJ CIJ ~ t) ..0 o ..... V') .J::. U ~ ~ .:: U '+- o CIJ "'0 ou:; -'= t: o Z . CO """"' ..r:::. u .... ..2 u '- o ..r:::. <ioJ :: o :n ~ ;;- < .... 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Related Files: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM17460 - PITASSI ARCHITECTS, INC. - A request to subdivide 3.36 net acres of land into 3 numbered lots for the sale of 2 office condominium units in the Flood Control District (Mixed Use District proposed) located at the southwest corner of Church Street between Center Avenue and Haven Avenue - APN: 1077-401-35. Related Files: General Plan Amendment DRC2004-01197, and Development District Amendment DRC2005-00001 and Design Review DRC2004-00071. 3. Description of Project: The proposed project envisions the development Of office and residential uses on a 14.77 acre site located at the southwest corner of Church Street and Haven Avenue in the City of Rancho Cucamonga (Figure 1.) Currently, the project site is undeveloped. The project proposes to develop up to 45,000 square feet of office/medical uses in two structures on the eastern portion of the site along Haven Avenue. One of these structures will be two stories in height, while the other will consist of a singl~ floor. The office portion of the site will include 185 parking spaces. Access to these uses will be from both Haven Avenue and Church Street. $68 '\ " Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT1743,5AND DRC2005-00071 Page 2 On the central portion of the site, the project proposes the development of up to 126 multi-family residences (condominiums) and nine single-family residences on minimum 5,000 square foot lots. The condominium units will be clustered in twenty-one multi-story buildings. The residential area of the proposed project will include 2- and 3-bedroom units. Recreational amenities within this area of the project site include a pool and spa facility, tot lot, barbeque area, open lawn area, and an exercise trail/jogging path. The multi-family portion of the site will include 362 parking spaces. Access to the multi-family area will be from two entries along Church Street. Taken together, building coverage and vehicular parking areas cover approximately sixty percent of the project site. Landscaping covers the remaining forty percent of the site. To facilitate the development of the proposed project, it is anticipated the following actions will be required. . A General Plan Amendment and Development District Amendment amending the General Plan from Flood Control/Utility Corridor to Mixed-Use and amending the Development District from Flood Control to Mixed-Use, . . Design Review Approval for development 'of up to 45,000 square feet of office use with associated parking, 9 single-family residential dwelling units and 126 multi-family condominium dwelling units. . Condominium Tract Map for residential purposes. . Parcel Map for Office Condominiums 4. Project Sponsor's Name and Address: Phil Burum Diversified Pacific Development Group 10621 Civic Center Drive Rancho Cucamonga, California 91730 5. General Plan Designation: Existing: Open Space Flood Control/Utility Corridor; Proposed: Mixed-Use 6. Zoning: Existing: Flood Control; Proposed: Mixed-Use 7. Surrounding Land Uses and Setting: The proposed project is located within the mid-central portion of the City. Developed single-family residential neighborhoods consisting primarily of one story dwelling units are located on the north and west boundaries of the project site. Haven Avenue, a major divided arterial street, is located to the east; further east is vacant land. Cucamonga Valley Water District (CVWD) administrative offices and maintenance yard facilities are located south of the project site. Surrounding land use designations include Low Density Residential to the north and west, Office Professional to the east, and Industrial Park to the south. 8. Lead Agency Name and Address: City of Rancho Cucamonga 'Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Larry Henderson AICP, Principal Planner (909) 477-2750 10. Other agencies whose approval is required): U.S. Army Corps of Engineers (404 Permit) California Department of Fish and Game (1602 Permit) Regional Water Quality Control Board (401 Permit) Rev. 11/9/05 $t>? Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 3 GLOSSARY - The following abbreviations are used in this report: CVWD - Cucamonga Valley Water District EIR - Environmental Impact Report FEIR - Final Environmental Impact Report NPDES - National Pollutant Discharge Elimination System NOx - Nitrogen Oxides ROG - Reactive Organic Gases PM10 - Fine Particulate Matter RWQCB - Regional Water Quality Control Board SCAQMD - South Coast Air Quality Management District SWPPP - Storm Water Pollution Prevention Plan URBEMIS7G - Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than-Significant-Impact" as indicated by the checklist on the following pages. ( ) Aesthetics (.f) Biological Resources ( ) Hazards & Waste Materials ( ) Mineral Resources ( ) Public Services ( ) Utilities & Service Systems ( ) Agricultural Resources ( ) Cultural Resources (.f) Hydrology & Water Quality (.f) Noise ( ) Recreation ( ) Mandatory Findings of Significance (.f) Air Quality (.f) Geology & Soils ( ) Land Use & Planning ( ) Population & Housing ( ) TransportationfTraffic DETERMINATION On the basis of this initial evaluation: ( ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (.f) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ( ) I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ( ) I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ( ) I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. nothing further is required. Rev. 11/9/05 .$16 , ~ City of Rancho Cucamonga 17435 AND DRC2005-00071 Page 4 Date: Date: Rev. 11/9/05 -06 ~/; s--,It, 6 $// '.\ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 5 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incol'Dorated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial affect a scenic vista? (} (} (v') (} b) Substantially damage scenic resources, including, but (} (} (} ( v") not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or (} 0 (} ( v") quality of the site and its surroundings? d) Create a new source of substantial light or glare, (} (} ( v") (} which would adversely affect day or nighttime views in the area? , Comments: a) The project site is located within a developed area at the southwest corner of Church Street and Haven Avenue. Haven Av~nue is designated as a view corridor according to (General Plan Exhibit 111-15). The two proposed office structures are located along Haven Avenue. Community Design Policy 6.4.6.1 states that trees and structures should be used to frame views along north-south roadways. The proposed multi-family uses will provide a buffer between non-residential uses east and south of the project site, while the single-family uses along Center Avenue will act as a transition from similar uses to the west. The design of the project site will incorporate applicable City design and construction requirements and will not include the construction of structures or features that would obstruct the view corridor on Haven Avenue. Impacts associated with scenic vistas are considered less than significant. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga; therefore, no impact associated with this issue will occur. c) The project area is characterized by urban development including single-family residential neighborhoods to the north and west, Haven Avenue and vacant land to the east, and the Cucamonga Valley Water District (CVWD) administration offices and maintenance yard to the south. The proposed project will be of similar design and size to surrounding residential development to the north and west and commercial development to the east. Development of the proposed site is consistent with surrounding uses and is not expected to substantially degrade the existing visual character or quality of the site and its surrounding. City standards require the developer to underground new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. No impacts associated with this issue will occur. d) The site is currently vacant with no light generating use. The occupation and operation of the proposed on-site use will create new sources of light and glare. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards requiring shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site; therefore, impacts associated with light and glare are considered less than significant. Rev. 11/9/05 $ /2 Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC200S-00001, SUBTT17435 AND DRC2005-00071 Page a Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact IncOrnorated Imoact Impact 2. AGRICUl rURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or () () () ( v") Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a () () () (.I') Williamson Act contract? c) Involve other changes in the existing environment, () () () (.1') which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: a) The project site is not designated as Prime, Unique, or Statewide Importance farmland; therefore, no impact related to this issue will Occur. b) Because there are no agriculturally zoned land or Williamson Act land within the City, no impact associated with this issue will OCcur. c) The project area is characterized by urban development including single-family residential neighborhoods to the north and west, commercial development to the east, and CVWD administration offices and maintenance yard to the south. The proposed project site is not located within close proximity to any Farmland and will not cause the conversion of any farmland to non-agricultural use. No impact to agricultural resources will OCcur. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the () () () (.I') applicable air quality plan? b) Violate any air quality standard or contribute () (.I') () () substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of () () () (.I') any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () (.I') () () concentrations? e) Create objectionable. odors affecting a substantial () () () (.I') number of people? Rev. 11/9/05 s/_~. '\ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 7 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than No Significant Mitigation Significant Impact Incornorated Impact Impact Comments: a) The project is located within the South Coast Air Basin (SCAB) and is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAB is bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east. It includes all of Orange County, the non- Antelope Valley portions of Los Angeles County, and the non-desert portions of Riverside and San Bernardino Counties. The current regional air quality plan is the 2003 Air Quality Management Plan (AQMP) adopted by' the South Coast Air Quality Management District on August 1, 2003. The 2003 AQMP updates the attainment demonstration for the standards for ozone and PM10, replaces the 1997 attainment demonstration for the Federal carbon monoxide (CO) standard, provides a basis for a maintenance plan for CO for the future, and updates the maintenance plan for the Federal nitrogen dioxide (N02) standard that the SCAB has met since 1992. The SCAB is currently a Federal and State non~attainment area for PM10 and ozone. In order to accurately assess the environmental impacts as a result of new or renovated developments, environmental pollution and population growth are projected for future scenarios. Because the pollutant emissions would not exceed the SCAQMD's established daily emissions thresholds and no CO hot spots would occur, the proposed project is not expected to delay the projected attainment schedule included in the AQMP. It is therefore considered consistent with the most recently adopted AQMP. The SCAQMD has developed the CEQA Air Quality Handbook (1993) that establishes suggested significance thresholds based on the volume of pollution emitted. According to the Handbook, any project in the Basin with daily emissions that exceed any of the following thresholds should be considered as having an individually and cumulatively significant air quality impact: . 55 Ibs. per day of ROC (reactive organic compounds) (75 Ibs.lday during construction) . 55 Ibs. per day of NOx (oxides of nitrogen) (100 Ibs.lday during construction) . 550 Ibs. per day of CO (carbon monoxide) (550 Ibs.lday during construction) . 150 Ibs. per day of PM10 (150 Ibs.lday during construction) . 150 Ibs. per day of SOx (oxides of sulfur) (150 Ibs.lday during construction) Air pollutant standards for CO are as follows: . California State on-hour CO standard of 20.0 ppm (parts per million) California State eight-hour CO standard of 9.0 ppm . Rev. 11/9/05 $/L/ Initial Study for City of Rancho'Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 8 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incol'Dorated Impact Impact b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller partiCles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project- specific basis. Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) aswell as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray. 4) . All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: . Reestablish ground cover on the construction site through seeding and watering. . Pave or apply gravel to anyon-site haul roads. . Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. . Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. Rev. 1119/05 ...5'/5 '\ " Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 9 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than No Significant Mitigation Significant Imoact Incol'Dorated Imoact Imoact Rev. 11/9/05 . Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. . Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. . Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5.6). Based upon on the URBEMIS7G model estimates in Table 5.6~ of the General Plan FEIR, Nox, ROG, and PM10 would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less than significant. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. in the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 5.6-4 of the General Plan FEI,R; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less than significant. The following mitigation measures shall be implemented: 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for van pools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrollnk schedule to the extent reasonably feasible. Slh Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 10 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incol'Dorated Impact Impact 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. d) The proposed project includes a General Plan Amendment which will change the land use designation for the project site from (Flood Control/Utility to Mixed-Use (MU.). The construction and operation of the proposed project will not generate emissions in excess ofSCAQMD thresholds. Additionally, the implementation of measures required by SCAQMD Rules 402, 403, and 1113 will further reduce project related emissions, no significant impact related to this issue will occur. As noted in the General Plan FEIR (Section 5.6), continued development within the City would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for, which a Statement of Overriding Considerations was ultimately adopted by the City .Council. In light of this acknowledged condition, no significant impact resulting from the construction or occupation of the proposed project win occur. Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 0.25 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The closest sensitive receptors to the project site are residential structures located directly across Center Avenue and Church Street. The proposed project does not involve industrial process, nor does it Include any use that would generate or emit toxic substance into the atmosphere. As stated in the response to Checklist Question 3(b), the emission of pollutants during the construction and operation of the proposed on-site uses does not exceed SCAQMD thresholds. The project site is located within 1/4 mile of a sensitive receptor. ' Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Ranch.o Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above win reduce impact to less-than-significant levels. e) Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. Rev. 11/9/05 S /1 '\ " Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 11 , Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than , Significant Mitigation Significant No iinDact IncorPorated Impact Impact 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or () () ( v") () through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat () (v") (} () or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game qr US Fish and Wildlife Service? c) Have a substantial adverse effect on federally (} V) () () protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native (} () () ( v") resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances (} () () (.I') protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat () () () ( v") Conservation Plan, Natural Community conservation Plan, or other' approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an urbanized area and has been previously disrupted during construction and operation of the existing detention basin. Based on a letter containing the _ results of a Biological/Regulatory Constraints Analysis conducted for the proposed project1, no special status species were observed on the project site during site reconnaissance conducted in January 2004. Due to the lack of suitable habitat, the project site is not expected to support any special status plants. The site has limited potential to provide foraging habitat for several special status birds, including the California horned lark, loggerhead shrike, Cooper's hawk, and sharp-shinned hawk; however, due to the small size of the property and the low quality of available foraging habitat, impacts to foraging habitat for these species is considered less than significant. 1 Letter from Glenn Lukos Associates containing Biological/Regulatory Constraints Analysis conducted for the 14.78- acre San Bernardino County Flood Control Basin property located in Rancho Cucamonga, San Bernardino County, Califomia, April 29, 2004. Rev. 11/9/05 s/~ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 12 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incoroorated Impact Impact A focused survey was conducted to document to presencelabsence of the Western burrowing owl (Athene cunicularia hypygea). Four days of focused surveys were conducted in accordance with the recommended protocol; however, no burrowing owls were detected during the focused surveys2. Because the project site is not expected to support any special status plants, the Western burrowing owl, or other special status species, impacts associated with this issue are considered less than significant. A wetland delineation has been prepared for the project site3. All areas with depressions, drainage channels, or wetland vegetation were evaluated utilizing U.S. Army Corps of Engineer (Corps) and California Department of Fish and Game (CDFG) criteria. A total of 0.62 acre of jurisdictional waters of the U.S. was found to be present within the study area. Of the 0.62 acre, 0.53 acre is jurisdictional wetlands and 0.09 acre is jurisdictional non- wetland waters of the U.S. The 0.62 acre area is also riparianlstreambed and is therefore subject to California Department of Fish and Game (CDFG) jurisdiction. Development of the proposed project will eliminate the on-site jurisdiction areas. Effects to waters of the United States are regulated by the Corps under Section 404 of the Clean Water Act. This permit is required prior to the placement of fill material within any area under Corps jurisdiction. Prior to issuance of a Section 404 Permit, a Section 401 water quality permit must be issued. Affected CDFG jurisdictional areas are regulated by Fish and Game Code Section 1602, which regulates alterations to streambeds of lakes. A Streambed Alteration Agreement is required for any project that will divert or obstruct the natural flow of water; change the bed, channel, or bank of a stream; or use any material from a streambed. The project site supports one special-status habitat: Freshwater Marsh. Areas of freshwater marsh occur in the low-flow areas within the basin, and are dominated by southern cattails. Adherence to the mitigation identified below will reduce the significance of any impact to this special status habitat. The project site is not located within critical habitat for any endangered or threatened species. The mitigation measure below has been identified to ensure the appropriate permits are secured prior to project development. Adherence to this measure and the conditions of the required permits will reduce potential impact related to this issue to a less than significant level. 1) Prior to the commencement of project grading, the project applicant shall submit evidence to the City that all permit requirements mandated by the U.S. Army Corps of Engineers, the California Department of Fish and Game, and/or the Regional Water Quality Control Board, Santa Ana Region, have been satisfied. d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. 2 Focused Survey Reporl for the Burrowihg Owl, LSA Associates, August, 2004. 3 Delineation of Wetlands and Jurisdictional Waters, Church Street Basin, LSA Associates, November, 2004. Rev. 11/9/05 $/9 f '\ " Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 ~ND DRC2005-00071 I Page 13 . Less Than Significant Less Issues and supporting Information Sources: Potentially With Than , Significant Mitigation Significant No ImoaCt Incol'Dorated Impact Impact f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the () () () (v") significance of a historical resource as defined in 9 15064.5? b) Cause a substantial adverse change in the () () ( v") (} significance of an archeological resource pursuant to 9 15064.5? c) Directly or indirectly destroy a unique paleontological () () ( v") ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred () (} ( v") 0 outside of formal cemeteries? Rev. 11/9/05 Comments: a) The project site does not contain any existing structures, nor has it been identified as a "Historic Resource" in the City. No impact to historical resources will occur with implementation of the proposed project. b) The proposed project site was formerly used as a detention basin by the San Bernardino County Flood Control District (SBCFCD) and is approximately 15 feet below surrounding grade. Any archeological resources that may have existed at the proposed project site would have been greatly modified or destroyed by the soil excavation activities associated with preparation and operation of the detention basin. The possibility of unearthing archeological resources at the project site is very low due to the disturbed nature of the site and surrounding areas; therefore, impacts associated with archeological resources are considered less than significant. c) The City is located on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City or its sphere-of- influence. As stated in the Draft EIR for the General Plan, areas of the City covered by older alluvium are considered to have a high sensitivity rating for paleontological resources. According to General Plan Exhibit V-2, the western portion of project site is underlain by older alluvial fans deposits. While a portion of the project site is underlain by . older alluvium, the past construction, operation, and maintenance of the site for flood control uses has significantly reduced the potential for any such on-site resource. Had any significant paleontological resources existed on the site, they would have been discovered during past usage of the site. Because of the disturbed nature of the project site, impacts associated of paleontological resources are considered less than significant. d) The proposed project is in an area that has already been disturbed by soil excavation activities associated with the construction, operation, and maintenance of the detention basin. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, S;b Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 14 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incomorated Imoact . ImDact no mitigation is required in the unlikely event human remains are discovered on-site. Impacts associated with this issue are considered le.ss than significant. 6. GEOLOGY AND SOilS. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as () () (} ( v") delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? () () () ( v") iii) Seism ic-related ground failure, including () () () (v") liquefaction? iv) Landslides? () () (} ( v") b) Result in substantial soil erosion or the loss of topsoil? (} 0 ( v") (} c) Be located on a geologic unit or soil that is unstable, () () () (.I') or that would become unstable as a result of the project, . and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table () () () (v") 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use (} () () V) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) (i) No known faults pass through the site, nor is the site located within an Alquist-Priolo Fault Zone. Based on the General Plan and General Plan EIR, the project site is not located within the City-designated Special Study Zone established for the Red Hill Fault. As the site is not located within any designated fault hazard zone, no fault rupture hazards will occur. ~ (ii) The Red Hill Fault is located within 2/3 of a mile to the north of the site, and the Cucamonga Fault Zone lies approximately 3% miles. These faults are both capable of producing magnitude 6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to magnitude 7.5 earthquakes is 13 miles northeasterly of the site and the San Andreas, capable of up to magnitude 8.2 earthquakes, is 11 northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code and other City standards will ensure that ground shaking hazards impacts are reduced to a less than significant level. Rev. 11/9/05 52/ '\ " Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 15 Less Than . Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant 1'10 Impact Inconlorated Impact Impact (iii) Only one area (at the base of Red Hill) in the City has been identified as being susceptible to liquefaction. As the project site is not located within this area, no liquefaction hazard exists on-site. No impact related with this issue will occur. (iv) The project site is not located within an area identified by steep slopes. Because of the location of the site, the absence of adjacent hillsides, and the present of adjacent development, no landslide impact will result from the construction or operationloccupation of the proposed on-site uses. Adhering to the Uniform Building Code will ensure that geologic impacts are less than significant. . b) The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than- significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during ~uch episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. c) Subsidence is generally associated with large decreases or withdrawals of water from the underlying aquifer. The proposed project does not include wells or other uses that will withdraw groundwater. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type per the General Plan; therefore, no significant impact associated with this issue will occur. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. Soil types on-site consist of Tujunga Loamy Sands. These soils are typically excessively drained on nearly level to moderately sloping soils and are not considered to be expansive. No adverse impact is anticipated. Rev. 11/9/05 5:1.2. Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 16 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant . No Impact IncorDorated Impact Imoact e) The proposed project will connect to, and be served by, the existing local sewer system. The proposed project does not include the installation of septic tanks or alternative wastewater disposal system; therefore, no impact related to this issue will occur. 7. HAZARDS AND WASTE MATERIALS. Would the. project: . a) Create a significant hazard to the public or the () () ( v") () environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the (} () ( v") () environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () (v") () acutely hazardous materials,. substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of (} () (} ( v") hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? . e) For a project located within an airport land use plan or, () () () ( v") where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, (} () (} (v") would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an (} () (} ( v") adopted emergency response plan or emergency evacuation. plan? h) Expose people or structures to. a significant risk of (} (} (} (v") loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a-b) The proposed project will result in the development of single-family residential uses. The volume of household hazardous waste material (e.g., cleaners, pesticides, fertilizers, paint products, and petroleum products). is anticipated to be small. with exception of medical or dental materials or wastes, the project will not generally involve the transport, use, or disposal of hazardous materials. The transport, storage, and disposal of any such waste will conform to required local, State, or Federal requirements. The City participates in a County-wide interagency coalition that is considered a full-service Hazardous Materials Division, .and has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to hazardous materials emergencies. Compliance with Federal, State, and local regulations Rev. 11/9/05 52.3 '\ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 17 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than N'o Significant Mitigation Significant Impact Inconlorated Impact Impact , g) concerning the storage and handling of hazardous materials andlor waste will reduce the potential for significant impacts to level less than significant. No adverse impacts are expected. c) The Dona Merced Elementary School is located within X mile of the project site. As previously stated, the construction and operation/occupation of the proposed residential and office uses is not anticipated to result in a significant hazardous material impact. Compliance with applicable hazardous material handling' standards will ensure impacts associated with this issue are less than significant. No impacts are anticipated. The proposed project is not. listed as a hazardous waste or substance materials site. Recent site inspection did not reveal the 'presence of discarded drums or illegal dumping of hazardous materials. No impact is anticip~ted. The project site is located approximately 4 miles northeasterly of the Ontario Airport and is offset north of the flight path. The project site is not located within the airport land use plan established for this facility. No impact associated with this issue is anticipated. The nearest private airstrip, Cable Airport, is located approximately 5.5 miles west of the project site. No impact is anticipated. , The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City requirement and standard, including local fire ordinances, no adverse impacts are anticipated. . Rancho Cucamonga faces the greatest ongoing threat from a wind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. d) e) f) h) 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge () () (v") () requirements? b) Substantially deplete groundwater supplies or interfere () (} (v") () substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? . c) Substantially alter the existing drainage pattern of the () () (v") (} site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) substantially alter the existing drainage pattern of the () () ( v") () site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? Rev. 11/9/05 $2. '/ . Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 18 . Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No . Impact IncorDorated Imoacl Impact e) Create or contribute runoff water which would exceed () () ( v") 0 the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? () () ( v") () g) Place housing within a 100-year flood hazard area as () () (v") () mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures (} () ( v") () that would impede or redirect flood flows? i) Expose people or structures to a significant risk of () () ( v") () loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 0 (). ( v") () Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). Project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: . Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would pr.event construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. . Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. . Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare a Storm Water Pollution Prevention Plan (SWPPP). To comply with the NPDES, the project's construction contractor will be required to prepare a Storm Water Pollution Prevention Rev. 11/9/05 S:2S '\ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 19 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation SignifiCsnt No Impact Incol'Dorated Impact ImDact Plan (SWPPP) during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. The applicant is required to submit a WQMP, that identifies Best. Management Practices (BMPs) to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans. and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures would be required to control additional storm water effluent: ' Construction Activities: 1) Prior ~o issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there Is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable Rev. 11/9/05 52b Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 20 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant . Mitigation Significant No Impact IncorPorated Impact Impact Rev. 11/9/05 growth. Plans for these areas, including monitoring provisions for a minimum of two years, ~hall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, 43 percent of the City's water is currently provided from groundwater in the Cucamonga and Chino Basins. This existing aquifer is estimated to be approximately 288 to 470 feet below the ground surface. The project site is not designated as a recharge basin or spreading ground according to General Plan. The proposed project will not intercept the groundwater table and does not include wells or other features that would result in direct drops to local groundwater levels. The proposed project will consume approximately 54,170 gallons of water per day (108,340 gallons on peak days). This volume of water does not represent a significant reduction in the local supply. Impacts related to this issue are less than significant. c) Due to the amount of new building and hardscape and the construction of a new storm drain system' proposed on the site, the project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff. The project will not alter the course of any stream or river. All runoff will be conveyed via the proposed storm drain facilities to existing storm drain facilities (e.g., Day Creek channel), which have been designed to handle anticipated future flows. The project design includes landscaping of non-hardscape areas to prevent erosion. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d-e) All runoff will be conveyed to the proposed storm drain facilities to existing storm drain facilities (e.g., Day Creek Channel), which have been designed to handle the flows. The proposed storm drain facilities will convey approximately 369 cubic feet per second (cfs) to the Day Creek Channel which is less than the acceptable maximum discharge of 438 cfs established by the US Army Corps of Engineers. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The design and construction of on-site drainage facilities will conform to standards established by the City. Adherence to all applicable drainage requirements will ensure potential impacts associated with this issue are less than significant. f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a' concurrent storm event, thus resulting in surface water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES)to minimize water pollution. The following mitigation measures shall be implemented: 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. S~1 '\ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 21 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant 'No ImDact Incol'Dorated Imoact Impact 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official'for coverage under the NPDES General Construction Permit. ' ' g-h) According to the General Plan Exhibit V-5, the project site is located within a 100-year flood hazard area and is designated as Zone A (area with no base flood elevations determined) Federal Emergency Management Agency [FEMA) Flood Insurance Rate Map 06071C8630 F dated March 18, 1996). The new storm drain facilities proposed for the project will be designed to collect runoff from the 100-year storm north of Church Street and convey those flows to the existing Day Creek Channel. Development within flood hazard zones are required to comply with provisions of Chapter 19.12 (Floodplain Management Regulations) of the City's Municipal Code; thus no significant impacts are anticipated. i) The Rancho Cucamonga area is protected from flood by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined cha"nnels, and underground storm drains as shown in General Plan Exhibit V-6. The new storm drain facilities proposed for the project are designed to collect runoff from the 100-year storm north of Church Street and convey them to Deer Creek Channel therefore, no adverse impacts are expected. j) There are no oceans, lakes or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 9. lAND USE AND PLANNING. Would the project: a) Physically divide an established community? () () () , (v") b) Conflict with any applicable land use plan, policy, or (} () ( v") () regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan () ( v") () 0 or natural community conservation plan? a) Comments: Rev. 11/9/05 The site is located on the south side of Church Street between Haven Avenue and Center Street. The project area is characterized by urban development including single-family ~ $.28 Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 22 . Less Than Significant Less Issues and supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact IncorDorated Impact Impact residential neighborhoods to the north and west, Haven Avenue and vacant land to the east and CVWD facilities to the south. This project will be of similar design and size to surrounding residential development to the north and west and commercial development to the east. The proposed mixed-use development will provide a buffer between the CVWD facilities to the south, and the residential neighborhood to the west, because office professional uses are proposed on the 'east, multifamily residential uses (condominiums) are proposed in the center and single-family residential uses are proposed on the western boundary of the project. The project will become a part of the larger community and will not divide an established community due to its infill nature and mixed-use concept. No adverse impacts are anticipated. b) The project site is proposed as a future community park in the City's General Plan4. The SBCFCD offered the property to the City at the time that they determined the property to be surplus. The City declined purchasing the property due to lack of available funding at that time. Exhibit 111-10 of the City's General Plan also designates the proposed project site as a Proposed Community Park. This exhibit states that .Proposed park sites and Special Use Facilities are considered floating designations until the final location of the site 'is determined." Development of future parks under the 2020 General Plan will contribute 232.5 acres to the City's existing total parkland acreage. The 232.5 acres of future parkland, when combined with the existing 549.1 acres, and the undeveloped 150 acres of parkland, will total approximately 931.6 acres5, exceeding the required 782 acres by 149.6 acres. Loss of the proposed project site, which is 14.77 acres in size, as a future park site would reduce the total amount of parkland available at build out of the General Plan to approximately 917 acres, which is still in excess of the required 782 acres. Although the project site is proposed as a future community park in the City's General Plan, the General Plan does state that such designation is considered "floating" until the final location of the site is determined. The City has identified an additional 48.5 acres in the City as potential parkland. The identified parcels and their locations are as follows: . Two (2) contiguous vacant parcels totaling 13.85 acres located at the southeast corner of Church Street and Haven Avenue. . One (1) vacant 17.98 acre parcel located at the southwest corner of Foothill Boulevard and Hermosa Avenue. . Three (3) contiguous vacant parcels totaling 16.67 acres located on the south side of Foothill Boulevard opposite Center Street and west of Haven Avenue. Additionally, loss of the proposed project site as future parkland (14.77 acres) will not result in the City being unable to meet its parkland requirement of 5 acres per 1,000 residents. Currently, the project site is designated Flood Control/Utility in the City's General Plan. The project includes a General Plan Amendment to change the land use designation of the Site to "MU" (Mixed Use). The proposed project fulfills policies of the General Plan, including: the promotion of residential infill; the provision of a transition between 4 City of Ranch Cucamonga 2001 General Plan, page 11I-141 5 City of Ranch Cucamonga 2001 General Plan, page 11I-148 Rev. 11/9/05 ~:l9 '\ " Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 23 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than No Significant Mitigation Significant Imoact Incol'Dorated Impact Impact commercial and lower density uses; and the provIsion of a variety of housing opportunities. The proposed project does not interfere with any policies for environmental protection. There' are additional vacant parcels of similar size in the same general area which could be obtained for future park development as noted above. Although the project site is proposed as a future community park in the City's General Plan, the City declined to purchase the property, and loss of the project area will not result in the City being unable to meet it parkland requirement of 5 acres per 1,000 residents; therefore, impacts related to this issue are less than significant. c) The project site is not located within any habitat conservation or natural community plan area. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangereq species of plants or animals due to the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. However, a wetland delineation has been prepared for the project site6. All areas with depressions, drainage channels, or wetland vegetation were evaluated utilizing U.S. Army Corps of Engineer (Corps) and California Department of Fish and Game (CDFG) criteria. A total of 0.62 acre of jurisdictional waters of the U.S. was found to be present within the study area. Of the 0.62 acre, 0.53 acre is jurisdictional wetlands and 0.09 acre is jurisdictional non-wetland waters of the U.S. The 0.62 acre area is also riparian/streambed and is therefore subject to California Department of Fish , and Game (CDFG) jurisdiction. Development of the proposed project will eliminate the on-site jurisdiction areas. Effects to waters of the United States are regulated by the Corps under Section 404 of the Clean Water Act. This permit is required prior to the placement of fill material within any area under Corps jurisdiction. Prior to issuance of a Section 404 Permit, a Section 401 water quality permit must be issued. Affected CDFG jurisdictional areas are regulated by Fish and Game Code Section 1602, which regulates alterations to streambeds of lakes. A Streambed Alteration Agreement is required for any project that will divert or obstruct the natural flow of water; change the bed, channel, or bank of a stream; or use any material from a streambed. The project site supports one special-status habitat: Freshwater Marsh. Areas of freshwater marsh occur in the low-flow areas within the basin, and are dominated by southern cattails. Adherence to the mitigation identified below will reduce the significance of any impact to this special status habitat. The project site is not located within critical habitat for any endangered or threatened species. The mitigation measure identified in 4-1 will fully mitigate this loss. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral () () () ( v") resource that would be of value to the region and the residents of the State? --. - b) Result in the loss of availability of a 'locally important () () () ( v") mineral. resource recovery site delineated on a local general plan, specific plan or other land use plan? 6 Delineation of Wetlands and Jurisdictional Waters, Church Street Basin. LSA Associates, November, 2004. Rev. 11/9/05 536 Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 24 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incol'Dorated Impact Impact Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and, Table IV-1, as a valuable mineral resource recovery site; therefore, there is no impact. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in () ( v") () 0 excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive () () () ( v") ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise () () () (v") levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in () (v") () () ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, (} () () ( v") where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, () () () (v") would the project expose people residing or working in the project area to excessive noise levels? Comments: a,' c-d) Construction Noise A Noise Impact Analysis was prepared (lSA, April 12, 2005) to determine noise impacts and appropriate mitigation measures. Noise levels from grading and other construction activities for the proposed project may range up to 86 dBA at the closest residences adjacent to the project site for very limited times when construction occurs near the project's boundary. Construction-related noise impacts from the proposed project would be potentially adverse; however, compliance with the City's construction hours requirement would reduce the impact to a less than significant level. The following measures are provided to mitigate the short-term noise impacts to a less than significant level. 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at anytime on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-0, as measured at the property line. Rev. 11/9/05 5$/ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 25 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation SignifiCant No Impact Incol'Dorated Imoact Irnoact Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. ' 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Operational Noise Project related long-term vehicular trip increases are anticipated to be moderate. However, proposed on-site residential uses would be potentially exposed to traffic noise levels exceeding the exterior noise standard of 60 dBA Ldn and interior noise standard of 45 dBA lc!n. Traffic noise under the opening year (2005) baseline condition in the project vicinity ranges from low (Center Avenue, Cornell Avenue, and Cartilla Avenue, where the 60, 65, and 70 dBA CNEL contours are confined within the roadway right-of-way) to moderate (Church Street, where the 70 dBA CNEL contour is confined within but the 60 and 65 dBA CNEL extend beyond the roadway right-of-way) to high (Haven Avenue, where the 60,65, and 70 dBA CNEL all extend beyond the roadway right-of-way). An increase of 3 dBA is perceptible by the human ear and is considered potentially significant. Project-related traffic would add up to 0.4 dBA to traffic noise along roadway segments in the project vicinity. This range of noise level changes is small and not perceptible; therefore, no significant traffic noise impacts on off-site uses would occur. While proposed activities will not significantly increase traffic over existing levels, according to General Plan Exhibit V-13, at build-out both Haven Avenue and Church Street create noise levels that exceed City noise standards. The proposed project will contribute to that exceedance. The following measures are provided to mitigate the traffic noise impacts: 5) Minimum sound wall height required for a ground-floor backyardlpatio is 8 feet for the following buildings along Church Street: Buildings 1, 2, 3, 4, 20 and 21. 6) A 5-foot sound wall is recommended for balconies associated with the following buildings along Church Street that are directly exposed to Church Street traffic: Buildings 1, 2, 3, 4, 20 and 21. Balconies outside of 500 feet Rev. 11/9/05 $$2 ',\ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 'Page 26 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than , Significant Mitigation Significant No Imcact Incol'Dorated Imoact Imoact from the Church Street centerline or, those that are blocked by the intervening structures (including those on the sides of the building facing away from Church Street) do not need balcony walls. 7) Bedrooms in Buildings 1, 2, 3, 4, 20, and 21 that are within 382 feet of the Church Street centerline and directly exposed to traffic require a mechanical ventilation system, such as an air-conditioning system. 8) Bedrooms in Buildings 4 through 7 that are within 792 feet of the Haven Avenue centerline and directly exposed to the traffic require a mechanical ventilation system, such as a'n air-conditioning system. e) The project site is located approximately 4 miles northeasterly of the Ontario International Airport and is offset north of the flight path. The site is not located within an airport land use plan. No impact associated with aircraft noise will occur. f) The nearest private airstrip, Cable Airport, is located approximately 5.5 miles west of the project site. No noise impact associat~d with this airport will occur. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either ( ) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ( ) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will not induce significant population growth. The proposed 135 residential units represent less than a .26 per cent of the total number of dwelling units envisioned in the City's General Plan. Construction activities at the site will be short-term, will likely employ local workers, and will not attract new employees to the area. Once constructed, the proposed project will have a limited number of employees due to the size (approximately 45,000 square feet) of office professional use. The project will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities. No impact associated with this issue will occur. () () ( v") () () ( .1') () (} ( v") b) The project site contains no existing housing units. No adverse impact expected. c) The project site is vacant land. No impacts are anticipated. "~ Rev. 11/9/05 5$3 Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 27 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incol'Dorated ImDact Impact 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered govemmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? (} () (v") () b) Police protection? () () (v") (} c) Schools? () (} () (v") d) Parks? () () ( v") () e) Other public facilities? () () () ( v") Comments: a) Fire protection service is provided by the Rancho Cucamonga Fire Protection District (RCFPD). Station 172 is located less than 2 miles from the proposed project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Development of the project site with the proposed project would incrementally increase the demand for fire protection services. Adherence to requirements established by the RCFPD and payment of required development fees will reduce potential impacts related to the provision of fire protection services to a less' than significant level. b) Police protection service to the City of Rancho Cucamonga is provided through contract by the San Bernardino County Sheriff (SBCSD). Surrounding areas contain existing development. Development of the project site with the proposed project would incrementally increase the demand for police services. Adherence to requirements established by the SBCSD and payment of required development fees will reduce potential impacts related to the provision of police protection services to a less than significant level. c) Central School District (K-8) and Chaffey Joint Union High School District (9-12) serve the project area. The proposed project is expected to generate approximately 65 new students for Central School District, and approximately 36 new students for Chaffey Joint Union High School District. Currently, Central School District assesses a fee of $1.55 per square foot of residential development, and $0.25 per square foot commercial developmene. Chaffey Joint Union High School District currently assess~s a fee of $1.02 per square foot of residential development, and $0.11 per square for square foot commercial development8. Per California Government Code (~65995[h]), "The payment or satisfaction of a fee, charge, or other requirement levied or imposed...are hereby deemed to be full and complete mitigation of the impacts...on the provision of adequate school facilities." Upon payment of required fees, no impact related to the provision of school services will occur. 7 Telephone conversation with Donna Rogers, Administrative Assistant, Central School District, January 21,2005. 8 Telephone conversation with Denise Tiberi, Secretary, CJUHSD, January 21, 2005.' / I Rev. 11/9/05 5.3 7' '~ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 I Page 28 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than , Significant Mitigation Significant No Imnact Incol'DOrated Impact Impact d) Please see responses 14(a) and (b). e) The proposed project will utilize existing public facilities. The project will not require the construction of any new off-site facilities or alteration of any existing off-site facilities or cause a decline in the levels of service, which could c~use the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5.9.9), the projected increase in library space under the General Plan will not meet the projected demand. Since the adoption of the General Plan, the City has planned a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of. the projected need of 15,500 square feet at build-out of the City. No significant impact associated with this issue will occur. 114. RECREATION. Would the project: I a) Increase the of existing neighborhood and () () (v") () use regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? , b) Does the project include recreational facilities or (} () ( v") () require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The project site is located in a developed area. The nearest park is located less than one mile northwest of the project site. Because the proposed project includes the development of housing units, it may increase the use of existing neighborhood and regional parks or other recreational facilities. The developer will be required to meet park land requirements by payment of "in-lieu" fees. The payment of fees will reduce potential recreation impacts to a less than significant level. b) As discussed in the Land Use and Planning section of this initial study, the proposed project site is proposed as a future community park in the City's General Plan. Although the project site is proposed as a future community park, SBCFCD offered the property to the City, which the City declined, citing lack of funds to develop it into parkland. The loss of the project site for parkland will not result in the City being unable to meet its parkland requirement of 5 acres per 1,000 residents. Please refer to question 9b for the complete discussion of the loss of the project site for future parkland. The multifamily component of the proposed project includes a pool with spa facility; tot lot; barbeque areas; open lawn area; and an exercise course/jogging path. Because the proposed project includes the development of housing units, it will cause an increase in population of the City; however, due to the relatively small size of the housing development, and the requirement of the developer to pay parkland fees, impacts to recreational facilities is considered less than significant. Rev. 11/9/05 sss Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 29 Less Than Significant . Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incol'Dorated Impact Imnact 15. TRANSPORT A TION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in () () (.I') () relation to the existing traffic load and, capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of () () () ( v") service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including () () () ( v") either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature () () () ( v") (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? () () () (.I') f) Result in inadequate parking capacity? () () () ( v") g) Conflict with adopted policies, plans, or programs () () () ( .1') supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: a-b) Based on the Traffic Study9 completed for the proposed project, implementation of the proposed project will generate 1,320 daily vehicle trips, with 131 trips occurring during the a.m. peak hour and 142 trips during the p.m. peak hour. As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load in the City and surrounding area. Based on the traffic study completed for the proposed project, after development of the project, all study intersections operate at satisfactory levels of service in both the a.m. and p.m. peak hours (opening day plus project conditions). In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of building permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site. No impacts are anticipated. 9 Traffic Study Church/Haven Resirlp.ntial and Office Project. LSA Associates, January 2005. Rev. 11/9/05 556 '~ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT1743S AND DRC2005-00071 Page 30 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incomorated Imoact Imoact c) Located approximately 3.5 miles north of the. Ontario International Airport, the proposed project site is not within the flight path and will not change air traffic patterns. No impacts are anticipated. d) The proposed project is located in an area that is adjacent to existing development. The project itself will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site; The project design does not include any sharp curves or dangerous intersections or the perpetuation of farming uses. The project will not, therefore, create a substantial increase in hazards due to a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles and will therefore not create an inadequate emergency access. No impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will therefore not create an inadequate parking capacity., No impacts are anticipated. g) The project design includes, or the' project will be conditioned to provide, features supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the (} () () ( v") applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or () () 0 ( .1') wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm () () () ( .1') water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.? d) Have sufficient water supplies available to serve the () () () ( v") project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment () () () ( v") provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient perm itted () () () ( v") capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and () () () ( v") regulations related to solid waste? Rev. 11/9/05 537 Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 31 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Signific8nt No Imoact Incornorated Imoact Impact Comments: a) The proposed project will be served by theCVWD sewer system. Waste water flows from the proposed on-site uses will be conveyed. and treated by the Inland Empire Utilities Agency (IEUA) at the Regional Plant 4 (RP-4) treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. The project is required to meet the requirements of the Santa Ana RWQCB regarding wastewater. No impact associated with this issue is anticipated. b) The project is served by the CVWD water and sewer system. The proposed project is expected to use an average of approximately 54,169 gallons (38,601 gallons of water for residential uses and 15,568 gallons of water for commercial uses) of water per day, with peak day usage estimated at approximately 108,338 gallons (77,202 gallons for residential uses and 31,136 gallons for commercial uses). The proposed project is expected to generate approximately 32,754 gallons (26,370 gallons per day for residential uses and 6,384 gallons per day for commercial uses) of sewage for disposal per day. CVWD has indicated that it can provide water and sewer service to the site from existing infrastructure; therefore, no impact related to this issue will occur. c) The proposed project includes the design and construction of an underground storm drain system to convey storm runoff to Deer Creek Channel. The storm drain facilities will be designed to collect the runoff from a 100year storm event. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits; therefore, no impact associated with storm water facilities are anticipated to occur. d) Please referto response 16(b) above. The project is served by the CVWD water system. CVWD has indicated that it can provide water service to the proposed project site from existing infrastructure. Additionally, the proposed project does not trigger the requirement (500 dwelling units) for preparation of a water supply assessment as set forth in Section 10910-10912 of the California Water Code. The CVWD has established conditions that development projects in its service area must meet and the RCFPD has established standards to satisfy fire flow requirements. As compliance with the water service requirements (and payment of ~ees) of the CVWD and RCFPD is required to obtain water service, no impacts associated with water supply are anticipated. e) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of . which are at capacity. No impacts are anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill (Mid-Valley Landfill in Rialto). Based on a solid waste generation of 8 pounds per day ~er residential unit and 5 pounds per day per 1,000 square feet of commercial uses 0, the proposed project is anticipated to ~enerate approximately 467,200 pounds (233.6 tons) of waste per year (1,280 pounds/day 1). The Mid-Valley Landfill has a daily permitted throughput of 7,500 tons per day. The estimated closure date for the Mid-Valley Landfill is in 2033. Development of the proposed project 10 City of Ranch Cucamonga General Plan Update Draft EIR, page 5.9-19 11 (8 Ibs/unitlday )( 135 residential units = 1,080 Ibs/day for residential uses) + (5 Ibs/day/1.000 sq. ft. )( 40,000 sq. ft. of commercial uses = 200 Ibs/day for commercial uses) = 1,280 Ibs/dav )( 365 r1:::tv"'lyear = 467,200 Ibs/yr Rev. 11/9/05 538 ',\ Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT1743,5 AND DRC2005-00071 Page 32 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Imoact Incorllorated Impact Imoact will not significantly impact current operations or the expected lifetime of the landfill. On- site uses will be required to comply with the City and State waste reduction and recycling standards. No impact associated with solid waste disposal will occur. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to, degrade the () () () (.I') quality of the environment, substantially reduce the, habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually () () () (.I') limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () () () ( v") cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) No endangered or threatened species were identified on-site during th~ general or focused biological reconnaissance of the project site. Due to the absence of any sensitive or special status species, the development of the proposed project will not cause a fish or wildlife population to drop below self-sustaining levels. Because of the nature of surrounding uses and the condition of on-site habitat, the development of the proposed on.,site uses will not restrict the movement/distribution of a rare or endangered species. Potential impacts to jurisdictional waters will be mitigated to a less than significant with adherence to Mitigation Measure 4-1. Because'of the disturbed nature of the project site, its past utilization as a detention basin, and the absence of any previous identified on-site historic, paleontological, or archeological, no impact to these resources will occur. b) The analysis prepared to support the proposed project identified and addressed potential short- and long-tem. impacts that would result from the' construction and operation/occupation. As stated in the preceding responses, the proposed on-site uses will not significantly impact noise levels or traffic conditions either individual or cumulatively. Because the pollutant emissions associated with the proposed project Rev. 11/9/05 5$9 Initial Study for City of Rancho Cucamonga DRC2004-01197, DRC2005-00001, SUBTT17435AND DRC2005-00071 Page 33 would not exceed the SCAQMD's established daily emissions thresholds and no CO hot spots would occur, no impact on the attainment schedule of the AQMP would occur. The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant ~dverse environmental effects associated with future growth and development in the City. The City made findings that adoption of the General Plan would result in significant adverse effects including air quality. While mitigation was identified, potential air quality impacts remained significant. The City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). While the proposed project includes a General Plan Amendment, the proposed development still fulfills policies identified in the General Plan including: the promotion of residential infill; the provision of a transition between commercial and lower density uses; and the provision of a variety of housing opportunities. Furthermore, the proposed project represents a logical pattern of development and is compatible with adjacent uses. As such, the cumulative effects of the' proposed project are anticipated to be no more significant than those identified in the General Plan EIR. As the potential cumulative impacts associated with development are consistent with that associated with the General Plan, and because the City has previously overridden any significant impact associated with build out of the General Plan, the cumulative effects of the proposed project are less than significant. c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less than significant levels. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier ErR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (T) General Plan FEIR (SCH#2000061027, Certified October 17,2001) (T) Rancho Cucamonga General Plan Update Draft (June 2001) REFERENCES . California Regional Water Quality Control Board, Adam P. Fisher, Environmental Scientist, Letter dated January30, 2006. . Air Quality Impact Analysis. LSA Associates, Inc., January 18, 2005. . Draft Traffic Study Church/Haven Residential and Office Project, LSA Associates, Inc., Rev. 11/9/05 $'IIJ '\ " Initial Study for City of Rancho Cucamoriga DRC2004-01197, DRC2005-00001, SUBTT17435 AND DRC2005-00071 Page 34 January 11, 2005. . Delineation of Wetlands and Jurisdictional Waters, LSA Associates, Inc., November 8,2004. . Focused Survey for the Burrowing Owl, LSA Associates, Inc., August 2004. . Hydrology and Hydraulics Calculations, Development Resource Consultants, Inc., July 2004. . Flood Control Permit Application, San Bernardino County Flood Control District, July 16, 2004. . Noise Impact Analysis, LSA Associates, Inc., January 19, 2005 . Results of Biological/Regulatory Constraints Analysis, Glen Lukos Associates, April 29, 2004. . Uniform Application Part I, City of Rancho Cucamonga, November 15,2004. APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further,' I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Applicant's Signature~/ 1 J l--:s... Date: ~- /~- (;) (.,. Print Name and Title: 'D..re,J..v, ~/WlWri P~YI-:lVf Rev. 11/9/05 $'11 City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: General Plan Amendment DRC2004-01197; Development District Amendment DRC2005-00001; Tentative Tract Map SUBTT17435; Development Review DRC2005-00071, and SUBTPM17460. Public Review Period Closes: March 22, 2006 Project Name: Project Applicant: Pitassi Architects, Inc. Project Location (also see attached map): Located on the south side of Church Street between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Project Description: To Amend The General Plan Land Use Map From Open Space-Flood Control/Utility Corridor to Mixed Use with a Master Plan designation, amending the Parks ,And Recreation chapter, and the Flood Hazards chapter, for the development of 9 single-family detached residences, 126 multi-family residential units (14.77 Acres), and 2 office buildings (3.66 Acres) of one and two story design totaling 44,782 square feet on a total net site area of 14.31 acres, located on the south side of Church Street, between Center Avenue and Haven Avenue. The project also includes an amendment to the Development District map changing the Flood Control zoning designation to Mixed Use as well as a request to subdivide the 14.77 gross acres of land into 10 numbered lots, and two lettered lots, for the sale of the residential condominium units and for the development review of those units and single family residences. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and Is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. March 22. 2006 SL/2 , I~ RESOLUTION NO. 06~20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DRC2004-01197 GENERAL PLAN LAND USE MAP FROM OPEN SPACE- FLOOD CONTROL/UTILITY CORRIDOR TO MIXED USE, WITH A MASTER PLAN DESIGNATION, AMENDING THE PARKS AND RECREATION CHAPTER, AND THE FLOOD HAZARDS CHAPTER FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET, BETWEEN CENTER AVENUE AND HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-35 AND 36. A. Recitals~ 1. Pitassi Architects, Inc. filed an application for General Plan Amendment DRC2004-01197 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on April 12, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 14.77 acres of land, basically a rectangular configuration located on the south side of Church Street, between Haven Avenue and Center Avenue and is presently vacant, undeveloped, and was previously used as a Flood Control Detention Basin. Said property is currently designated as Open Space-Flood Control/Utility Corridor; and b. The property to the north ofthe subject site is designated Low Density Residential and is developed single-family residential; the property to the west is designated Low Density Residential and is developed single-family residential; the property to the east is designated Office Space and is vacant; and, the property to the south is designated Industrial Park and is Office and Institutional (CVWD Equipment Maintenance Yard) Industrial Park. c. This amendment does not conflict with the Land Use Pol.icies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and 'with the related development; and SL/3 PLANNING COMMISSION RESOLUTION NO. 06-20 GENERAL PLAN AMENDMENT DRC2004-01197 - CITY OF RANCHO CUCAMONGA April 12, 2006 Page 2 d. This amendment does promote the goals and objectives ofthe Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties. ' 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with the existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. , 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the projeCt will have a significant effect upon the environment and adopts a Mitigated Negative Declaration'and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and,further,this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed in the Monitoring Program. c. Pursuant to the provisions of Section 753.5(c) of Title 14 ofthe California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declar~tion, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code " of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment DRC2004-01197, in sL/'I , ~ ~ PLANNING COMMISSION RESOLUTION NO. 06-20 GENERAL PLAN AMENDMENT DRC2004-01197 - CITY OF RANCHO CUCAMONGA April 12, 2006 ' ' Page 3 accordance with the attached Draft City Council Resolution including Exhibits A, Band C and in accordance with the condition listed below: Plannina Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, 'for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense , of any such action but such participation shall not relieve applicant of his obligations under this condition: 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission .of the City of Rancho Cucamonga, at a regular meeting ofthe , Planning Commission held on the 12th day of April 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL S'IS Haven and Church DRC2004-01197 (GPA) ~ ~ PROPOSED MIXED USE (MU) GENERAL PLAN r=J L .~i LM "M ..CC ~~GC 00000 OPK 00000 IIIIIP (-:::::1 Fe l%iffiffd OS EXHIBIT A (fJ 500 I o 500 1000 Feet Sl/? ....- C::,fl ~~ CIl.... l1.0 ~~ ~ CI) .... ~ e - -CIl", J!! E':;) ~IllCl t-;; CIl -tll ,fllll o e ~(J 00:( lXl r- NCO .... .... 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Q) o5a::.,g_CI)~.o .ECf.)<(UJo~Q) ~.-u..;:c:c:> ctl ~iO 0 .,g ctl 5-~~~~~ ~~ rn ~ ~ Q) -5 .Q> Q) o.5.Ui~ C)~J9 ~Q)~"C:E"Oi c:~c:~Q)~~ &r:~~~ ~~ N (") 'G' '" cnlci I~ i c: Q) a. o CD J:. I- m o ..... ~en~~~~~~~~m~~~~m~~M~~~ ~ ~~.~~om~~ ~N~~~~~M~O N '" .....- N ..: ..; CI) c:: .5! ..... III c:: .~ C/) CD Q CD ~ 'l:l c:: III ..... ~- o:::~ ~<(.:lS LO <(::;~ ~ u..C') ..n LO.. ~, ~ ~ iO - J,....;. .~ -ctl N- Q) !. ".91 E '~i ~ Ie? E E 'e ~ u..<( 8 E Q) E o E 0 q'8 0 EU .....0 ~ Oc: .J- -E '2 O.Q -.8 " iOiii Q)'c-E-""Q)Q) ~ .2>!r E ~ c: 0 EO Q)<( 0<( Q) CD Zu..Ou..C!)cr:: li ~ ~~.S ~!I ~~"""!g a- 0 CI) ~ C/)I.U ~O oifi i::;:, ~~ t5~ -u. ~O Q~ ....~ Sll '-;CI) ifi 9 ~ a:: ~ o ~~ . I ==>- ilia:: af~ ~~ C/) .... ~ i:: ~~ ~q: C/)~ ~o :5 Q" III ~ ~ :5 It) ~ J, ~ EXHIB.IT B-1 ]i .s .c :> U) ]i o .:lS :> U) e? ~e?<(e? o:::<(u..<( <(u..cou.. LL 0 ,. LO co""':~" I. 1 -~ ~~iO~ ~fO~~ co"t::J(j) a.. ~ '0 " "iiiO~-g .t: c: co - Ci)Q)Ci:;>- " > c: 10' '0 ro Q) CD Eq C!) I E? <( u.. q J; N ....;. Q) C/) ::> '0 Q) X ~ :s '0 .;:: "" o o ~ ( :5 e. ~ ~.f! ,g .~ iii 5 Cl)i::o c:51'O ~15 8 O'ou::: u ctl ~ '0 ONN 001tl T"" co .-_ .n "". N N co ..,. ..... <( It) <( .... li3:;S~U;~z~z N ",- ... '0 .:lS " U) ~ -. loc ~<(~ <( cr::u..u.. u.. <("!N_N u.. ' 'cr: . ~::.~~~ ..... ~- - ~Q)'8"!8 ....;;=s::.~s::. ~8~~~ .g~ ~ 8 ~ ':,!, c: ctl ,c .!.!' &"cuI _EQ)CI):s .~EE~'2~ <38~I~~ J!I .s .0 :> U) --, .l!!<( 01- :Co ::II- Cl)c iljZ :;:;<( co:: ~(!) 'iij Gl >0:: ~ C CD 0 Q)Z U: en iO "55 1:: <( ... ~ ~ ~. .~ II: .s =.;; ~ ~ ... ~ .., ~ ;:) -J Q. Q) CO) c c '" i5 ~ 2 <t cC -J ~ IJJ ~ Q)o >={l ~<ci ~;;i~ ~Q)~ ~~u ....~~ ~ t ~:s 8- ~~& I SL/g 2.5.3.6 Mixed Use (Probable FAR ofOAO and Maximum FAR of 1.0) The purpose of the Mixed-Use designation in the General Plan is to stimulate and guide development in special opportunity areas where land use change is desired. Mixed Use development may occur in two ways: 1) as a combination of uses in a single development project on a single parcel of land; or 2) as a combination of uses on multiple parcels within a specified district of the City. In either case, the intent is to achieve a complete integration of the uses and their support functions into a common concept. The effect of mixed-use development in the nine opportunity areas in which it is applied is to create special urban places within the general suburban pattern of single uses somewhat isolated from each other. While such a mixture would not be feasible over extensive portions of the City, it can be desir~ble within limited, focused areas. The expectations commonly required of mixed use developments through site planning, design, and use configuration is that they: 1. Provide safe and convenient pedestrian movement into and within the site. 2. Provide uses that are interconnected rather than being rigidly separated. 3. Include uses that are highly urban in character, with generally higher intensities of use than in surrounding areas. 4. Contain usable public open space that is highly accessible and convenient to residents and visitors. 5. Express a common design theme that may be carried out by architectural styles, landscaping and lighting treatment, ' street improvements and street furniture, or other means of unifying the development. This does not precluded an eclectic mix of architectural styles; only that the development be tied together in its physical form by some means. 6. Involve a variety of scales and spaces to provide interest and diversity in the environment being created. 7. Include an integrated circulation system of arterial access, internal circulation, parking facilities, pedestrian pathways, bicycle routes, transit stops (where applicable), and related signage. It is intended that movement within the entire opportunity area be feasible on site without being forced to CITY OF RANCHO CUCAMONGA GENERAL PLAN Page 111-30 The Planning Center P:ICRA-01.0GIMarch 2002 Final GPIGP LV Master Report for printing.doc October 17, 2001 use adjacent arterial highways to move to other portions of the mixed-use development. 8. Exhibit considerable flexibility in design in achieving ,EXHIBIT B-2 $'-19 , ~, . CITY OF RANCHO CUCAMONGA GENERAL PLAN Page III-30 The Planning Center P:ICRA-01.0GIMarch 2002 Final GPIGP LV Master Report for printing.doc October 17, 2001 use adjacent arterial highways to move to other portions of the mixed-use development. 8. Exhibit considerable flexibility in design in achieving maximum site potential and sensitivity to adjacent uses. 9. Apply CPTED (Crime Prevention Through Environmental Design) principles to provide both the reality and perception of public safety. 10. Provide a unique and engaging experience for both residents and visitors, similar to those otten found in older cities. Each application of the Mixed-Use designation on the Land Use Plan has a specific intent. Therefore, the guidance for each one is tailored to that area. A land use table ,is provided for each mixed-use designation to establish the uses to be permitted and the general area to be devoted to each use. Flexibility is provided in the ranges to permit combinations of uses at a variety of overall intensities. Unless otherwise specified, the most intensive combination is the most desirable. The six areas designated for Mixed-Use development under these provisions of the General Plan are: 1. ,The Regional Center area, bounded by Foothill Boulevard, Base line Road, 1-15 and the Day Creek Flood Control Channel; 2 A liT own Center" node at the southwest corner of Haven Avenue and Foothill Boulevard; 3. The north side of Foothill Boulevard between Archibald and Hellman; 4. The western entrance to the City along Foothill Boulevard in the area generally know as Bear Gulch; 5. The Terra Vista Mixed Use Area, located along Milliken Avenue and Foothill Boulevard; and 6. The Industrial Area Specific Plan, SUbarea ,18, generally located west of Milliken Avenue, south of the railroad tracks, north of 4th Street, and east of Utica Avenue 7. The Foothill Boulevard - Cucamonga Channel Area, located at the base of "Red Hill," located near the Historic Route 66 Foothill Boulevard and Vineyard Avenue. 8. This Historic Alta Lorna - Amethyst Site, on the east side of Amethyst Street between the neighborhood elementary school and the original commercial center. 9. The Haven and Church site, located on the south side of Church Avenue, between Center and Haven Avenues. Once the location of a San Bernardino County Flood Control District retention basin, the site was declared surplus because of drainage improvements within the City of Rancho Cucamonga and became available for private development. EXHIBIT B-3 SSb i . f III. DEVELOPING THE COMMUNITY tf f 2.5.5.7 Foothill Boulevard-Cucamonga Channel Site This 7.24-acre site is significant within Subarea 1 of the Foothill Boulevard Districts. At the southern base of "Red Hill," the site is strategically located near the northwest corner Historic Route 66 Foothill Boulevard and Vineyard Avenue. Like other newly designated Mixed Use districts, this site presents an opportunity to expand commercial office activity, while providing an opportunity for new multi-family development in the City. The following table specifies the uses and range of development that is anticipated to bring positive aspects to revitalize the area. TABLE 11I-10 FOOTHILL BOULEVARD - CUCAMONGA CHANNEL SITE Land Use Mix Percent RanQe AcreaQe RanQe Medium Residential 0% -100% 0-7.24 acres (8-14 Dwelling Units Per Acre). Office 0% -100% 0- 7.24 acres 2.5.5.8 Historic Alta Lorna -Amethyst Site This is a relatively small (3.24 acres), but significant, site within the historic Alta Loma commercial area. Once the location of a large citrus packing house, the site, now vacant, is strategically located on the east side of Amethyst Street between the neighborhood elementary school and original ' commercial center. Thisvacant parcel presents an opportunity to bring new activity into the historic town center either with new commercial office ventures, or with new multiple family developments, possibly aimed to provide housing for our growing senior citizen population. The following table specifies the uses and range of development that is anticipated to bring positive aspects to revitalize the area: 0% -100% o - 3.24 acres City of Rancho Cucamonga General Plan October 17,2001 Page 111-43 'NERAL PlAMFinal 2003 GP W Master Report.docrev4-16.doc S 5 J I=X~IBIT 8-4 '\ ( I > 2.5.5.9 Haven, and Church Site This 14.77-acre site is located on the south side of Church Avenue, between Center and Haven Avenues. Once the location of a San Bernardino County Flood Control District retention basin, the site was declared surplus because of drainage improvements within the City of Rancho Cucamonga and became available for private development. The site represents a transition area between single family residential to the north and west and industriaVinstitutional (CVWD Maintenance and Office Facility) to the south and future Office uses across haven to the east. The following table specifies the uses and range of development that may be permitted on the site. TABLE 11I-12 HA VEN AND CHURCH - FLOOD CONTROL BASIN Percent Acreage Land Use Mix Range Range Medium Residential 0% -100% o - 10.95 acres (8-14 dwellina units per acre) * Office 0% -100% o - 3.36 acres * This Mixed Use site may be considered with a base zoning of Medium Residential (8-14 dwelling units per acre). 1:\pLANNING\LARBY\HAVEN AND CHURCH\GPA SUB area.Description.cjpc ,.........., "',,. .,..... ,,', _;","., '.' .."._....,-,....;,.v,......'_"'". .c....._..... .=_ .";, '__ n., ,0'._.,"__ .. .,. ._, "_,.;.'.,,., "_.'." .'.' ",', ::",--" '",," ..-".._"."',,.-.>..... _0' ',.f .....>,._,~{- - ,--"-,"'"';,,.. __.:_ ,."C,_",""".-,."-.-.,,--,,', .... ,-",:",,,,,,-,;',,'--,...-',,-,---,".. EXHIBIT B-5 552 IlL DEVELOPING THE COMMUNITY City of RanchoCucamonga General Plan October 17,2001 Page 111-141 , P:ICRA-OJ.OGlMflrch 2002 Final GPlGP LU MlJSter Report/or printing. doc Various youth sports leagues have been assigned fields at particular schools for games and practice. This has been necessary because there are not enough athletic fields at City parks to accommodate the large number of children participating in organized sports. Although the City is not party to the use agreements between schools and sports leagues, we can and have provided support to the organizations in seeking joint-use agreements and improvements to the school sites. Our City maintains a park standard of five (5) acres of parkland for every 1,000 residents. Pursuant to Government Code Section 66477, also known as the Quimby Act, we are able to collect three (3) acres of parkland or in-lieu fees from new residential subdivision, for every 1,000 residents. Pursuant to the Quimby Act, we have adopted a Local Park Ordinance (Ord. No. 105) that contains the provisions and procedures for implementing park and recreational land dedication requirements. In order to reach our objective or standard of five acres per 1,000 residents, we must pursue alternative funding sources for adding park acreage and/or park improvements. Such sources include general fund revenues, developer impact fees, state and federal grants, user group contributions, and school district joint-use contributions. Other methods for supplementing our park system include encouraging the development of private open space and recreational amenities (beyond public park requirements) to be incorporated in large residential projects. We should also seek to improve access and facilities at local school sites so schools can handle a greater demand for certain activities such as sports leagues. School grounds and facilities are an important part of our recreational system and can be counted, to a limited degree, towards meeting our parkland standard. We are currently and will continue to pursue the joint-use (or ultimate use) of utility district lands, for both parks 'and trails uses. The recently abandoned Church Street Basin, owned by the San Bernardino County Flood Control District is nG'JI proposed asa future Community Park. ,EXHIBIT 8-6 553 M's, ,-:-.....,.,,',,',', .\\-..;,-""" *~i~\\\\\, , ,..,.".....",., '.~'.'>',:"' ~~~,'fij ~,,"'.','\'" '. ~~~~'..~\\\\~~ ". <,. :,-',,'. vI::" d~.......... ~p::...... lU - (.) d..... ~O:.s 0....,:: ';::! tZl~1i! dC:~ B.~ O d o U l'ttU r"! ~Jj~J .'I'Ho,! JJ t~if; !itfn~i ~ 1~]l1H .j" J1~t! ~ I.~hifi l'l"'I~ 1 v 'I.] !A ~H.hi"! 'i"'14ij~ ii.l u4~.I'r v =IH ti ~~ f 1]~" ihj~ i I"ll ~ .hl Ii jJ -,lulvl. 'l.i~JJ'~ '~i~ iJh ~. J,~1' "pH 5,j f.J:,,~ll '.,:~lh 111~'11:" i;jA11 iJ tl;{, ~jlr Hl8h~! en III ~ 0: ,2 ~ 3: 0: en <3 m 0 ..., .< :2 .i 6 ~ 41 ;:: 0 fJ ~ ~ N ~ i ~ ~~0~4)2 .., i lS -:: 16 ... 15 ~ Q.onJo..-=~_ent5 o "0 0.. ~ 0:: 0 Q. g-~~~~o]o ]i~:5i ~~-g;,,~ ~ct~.ti:d;t5:5 ~~IDlmI~~ j ~ ~I~ II !l~i :s -: -; Do ,!=! E 1 it a : . . ti ~ ~ f l ~ . o ~ en en ~ .+] t;; .<: :;; '" ~I ~\ '3AV.l.SY:I '3^V VON\fMl.l.3 911 '3^V N3>1I1111'\1 u.i ~ w o ~ ...J r t-' rtl ~ z ia ci 3 '" ~ ~ 8 "- t-' '" ~ '" '" <( EXHIBIT C '\ ~ blJ = o ~ o ==z v:.t. o~ .c::A,., ;:! a~ ~~ ~,~ .-::'~ vO . 55'/ II> V := .,.. III := ~ I .:c C':l 0::: > " eo ....... .2 _ 1m II blJ d) c:: u :::: ..... ~ .j 0 ~ v ;e ~ ~~~ ~ ,... .- 2l -- r:/j ~ ...= " II> - :) ~ 0 111 -~ ..... C 0 .. (; ~ I- ::: Z 1) 'l.I "'-l "0 < ~ i iii U ~ 0. "l " " 6 i 0 .....:l 111 I r-. := .2 0 II> -= .. j;j 111 X ~ '-' 0 u ~ .. f <:> U 111 ~ N :! < w c:: .....:l Q. ~ Ii) .. II> i: ~ 0 ... c; ~ II> ... "0 p:: " " -'" .. .. . W " p:: .. 0 -'" lil "0 ~ j;j ~ (JJ T '+-< Q. 0 lil a.. UI ;.~ 0 "0 a.. "0 .. i: .:!! ~ ~ 5r-- .+ .1 CIl .. '" .. 0: 0 'E e- ';; " " " " .. 0 0 . WO) .-;:: ~ ~ 0 ~ 0 " "0 ::; u g ~ 0::.... vO Q. Q. ~ 0 ~ " 0.... 'x 0 ~ 0 '" .E W 0:. al a.. J: D: 0 :> ,; we;> te ::> ': (JJ~ ~~ID_IIB~tJ j j j 00 a.N I "' N Ot) 0::0:: 0.0 ,.: '" ~ i..i l'1J .h;nH I ; .~ ii!'o w : B'! ~:!1 :.a ~-i!i~~t; ...:1 If' ~~ ~~~iJ~!! e';i~;I,:~ J~"~;~:~ ~f~~l'i!~ Jjil~;il! 1 J ~ : :-;!"i.. 'e ~lt!:i;jJ ;:e:::, l'~jjj 1.~f.! !..'i.!l'~ u ll.;~ 1... ! i ~~ ~ p:lJ.... jl !1~i H~ ~!tHjP:i I~Hv.i~L PH~~J:~ Ii 1. 1.!.~J.91 ''0 s 11 =',;.i'" ;1, ::_.3.1.'-0,; pHH~iI :'~:iltll~:.l fi:J.! i i~! ~:~f~lfi.i n d~ pH ~ ibh:ii "31\'1 J.S'lf3 "3^'1 \fON'<fM1l3 9~-1 '3A't/ N3>f11111'11 '3N' N3^'1H 3/\'1' 3A01l9 w ~ w o iii -' -' r ,.: '" z < >- z < III c > -' III -' -' r 0- 8 "" ,.: a: ~ a: a: - ~~ ~ ~ - ",m ~~ e: ::x:: ;5 ~ .. ~ ~>:- ~. ~ "0 '::I mO ..,,:; ~ <.> 3 . . 8 8 ? J:~ ...;:r "',.. il~ ~ ~ g.., ~ -- '" i!~ 't: p., ~~ ~ ?~ 'u "C !i! we: +] e:~ a." en": ii:; :'~ ~ I :::~ In i~~ ,..:' ~ ~ .' ve; ~H h~ . ;.::~ 2'" :I 81 $;. I I I I I , \ \ , \ I I .------ J ,.../""" J I '3I\\f 1S\f3 ./ .- ,,-J _ I _/~._.. ~ I I -, -. , - .. -' I I I I . I I , I . 3I\\f 3^O/:l8 g ~ a: --' ~ '" to' :l iii In a: ~ X ~ ~ 13 UJ z 0 0 ill LL iii --' -' X EXHIBIT C-2 3I\\f\fOIWMI13 S~-I "3^\f N3>111111\1 '3I\\f N3I\\fH '3I\\f\fScmI:l3H '31\'<1 01\teIH~l:fv' '"' '3I\\f 1WI'l113H In ~ .. sst '\, " RESOLUTION NO. 06-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 REQUESTING TO AMEND THE DEVELOPMENT DISTRICT MAP FLOOD CONTROL TO MIXED USE FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN HAVEN AVENUE AND CENTER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-35 AND 36. A. Recitals. 1. Pitassi Architects, Inc. filed an application for Development District Amendment DRC2005-00001, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development District Amendment is referred to as "the application." ", 2. On April 12, 2006, the Planning Commission of the City' of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 06-20 recommending to the City Council that the associated General Plan Amendment DRC2004-01197 be approved. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in ,the Recitals, Part A, of this Resolution are true and correct. , 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on April 12, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 14.77 acres of land, basically a rectangular configuration located on the south side of Church Street, between Haven Avenue and Center Avenue and is presently vacant, undeveloped, and was previously used as a Flood Control Detention Basin. Said property is currently designated as Open Space-Flood Control/Utility Corridor; and b. The property to the north of the subject site is designated Low Density Residential and is developed single-family residential; the property to the west is designated low Density Residential and is developed single-family residential; the property to the east is designated Office Space and is vacant; and the property to the south is designated Industrial Park and is Office and Institutional (CVWD Equipment Maintenance Yard) Industrial Park. c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and SS7 PLANNING COMMISSION RESOLUTION NO. 06-21 DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 - CITY OF RANCHO CUCAMONGA April 12, 2006 Page 2 d. This amendment does promote the goals and objectives ofthe Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties. ' 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use inthe surrounding area; and b. That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessmentfor the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CECA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further; this Commission has reviewed and co~sidered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed in the Mitigation Monitoring Program. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife .depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development District Amendment 558 \, PLANNING COMMISSION RESOLUTION NO. 06-21 DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 - CITY OF RANCHO CUCAMONGA April 12, 2006 Page 3 " DRC2005-00001 in accordance with the attached Draft Ordinance and Exhibits A and B an,d in accordance with the condition shown below: Plannina Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this conditio~., 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: / ATTEST: I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12t~ day of April 2006, by the following vote-to-wit: AYES: NOES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL 5.59 Haven and Church DRC2005-000001 (DDA) ,. '-- -- - - ,. +rn ~ PROPOSED MIXED USE (MU) ZONING CJL "LM "M "CC III GC 00000 OPK 00000 IIlIJP J-:::::1 FC ~OS ~ o 500 500 L-- EXHIBIT A '\' :r: ~ m z (j) 1000 Feet st, () Rancho Cucamonf!a Develovment Code Section 17.08.030 Land Use Mix Percent Ranae Acreaae Ranae Medium-High Residential 0% -100% o - 3.24 acres Office 0% -100% o - 3.24 acres The land use categories within the Mixed Use area shall be of the character and intensity as defined in Development Code Chapters 17.08 and 17.10. All uses that may be authorized under the Office designation are subject to Conditional Use Permit approval. The corresponding development standards, as listed in Chapters 17.08.and 17.10, for each permitted land use shall be applicable within the Mixed Use District. 2. Foothill Boulevard and Haven Avenue Site: This 31.5 acre site is located on the southwest corner of Foothill Boulevard and Haven Avenue; The following table specifies the uses and range of development that may be permitted on the site: Land Use Mix Percent Ranoe Acreaae Ranae High Residential 40% - 45% 12.6 - 14.2 acres Office 55% - 60% 17.3 -18.9 acres The land use categories within the Mixed Use area shall be of the character and intensity as defined in Development code Chapters 17.08, 17.10, and 17.30. All uses and activities that are permitted, or may be permitted with a Conditional Use Permit, under the High Residential, Office/Professional, General Commercial, and Industrial Park designations are subject to the same permitting processes and development standards as listed in Chapters 17.08, 17.10, and 17.20, shall be applicable to any development within the Mixed Use District, or shall be subject to a Master Plan of Development approved by the Planning Commission specifically for this site. 3. Foothill Boulevard-Cucamonaa Channel Site: This 7.24-acre site is located at the base of "Red Hill" on the northwest corner of Foothill Boulevard and the Cucamonga Channel. The following table specifies the uses and range of development that may be permitted on the site. Percent Acreage Land Use Mix Range Range Medium Residential 0% -100% o - 7.24 acres (8-14 dwelling units per acre) * Office 0% -100% o -7.24 acres The land use categories proposed within the Mixed Use area shall be of the character and intensity as defined in the Development Code Chapters 17.08, 17.10, and 17.32. All uses that may be authorized under office designations are subject to a Conditional Use Permit approval. The corresponding development standards, as listed in Chapters 17.08, 17.10, and 17.32 for each permitted land use shall be applicable to the development within the Mixed Use District." . This Mixed Use site may be considered with a base zoning of Medium-High Residential (14-24 dwelling units per acre) if developed in conjunction with a Senior Housing Overlay District (SHOD). EXHIBIT B 17.0R-10 2/04 ..56/ '~ Rancho CucamonJ!a Develovment Code Section 17.08.040 4. Haven. Church and Center Site: This 14.n-acre site is located on the sooth side of Church Avenue, between Center and Haven Avenues. The following table specifies the uses and range of development that may be permitted on the site. Percent Acreage Land Use Mix Range Range , Medium Residential 0% -100% o - 10.95 acres (8-14 dwellina units per acre) * Office 0% -100% o - 3.36 acres The land use categories proposed within the Mixed Use area shall be of the character and Intensity as defined In the .Development Code Chapters 17~08, and 17.10. All uses that may be authorized under office designations are subject to Development Code Chapter 17.10. The corresponding development standards, as listed in Chapters 17.08, and 17.10, for each permitted land use shall be applicable to the development within the Mixed Use District, or shall be subject to a Master Plan of Development approved by the Planning Commission specifically for this site. * This Mixed Use site may be considered with a base zoning of Medium Residential (8-14 dwelling units per acre). Section 17.08.040 - Site Development Criteria The Site Development Criteria are intended to provide minimum standards for residential development. These site development standards should be used in conjunction with the design guidelines which are set forth in Section 17.08.090 of this chapter. This section shall not be construed to supersede more restrictive site development standards contained in the Conditions, Covenants and Restrictions of any property or dwelling unit. However, in no case shall private deed restrictions permit a lesser standard in the case of a minimum standard of this section or permit a greater standard in the case of a maximum standard of this section. A. Development Standards. The development standards for residential development are arranged into two categories: (1) basic development standards, and (2) optional development standards. These standards are used in conjunction with the Absolute Policies and Design Guidelines during the residential land development/design review process as discussed in Chapter 17.06. Each residential development must conform to either the basic standards or the optional standards. 1 . Basic Development Standards. These standards are intended to provide basic standards, which will ensure good quality and compatible projects. A residential development over four units per acre is generally limited to the mid-point of the density range for which it is designated. These standards, as well as the density limitation, are intended to create a development, which will be compatible and provide for proper transitions from more sensitive or less intense residential development. 2. Optional Development Standards. These standards are intended to provide high. standards for the development of projects of superior quality and compatibility. The optional standards allow development at the higher end of the designated density range. However, the standards and development expectations have been increased above and beyond the basic standards in order to ensure proper transitions and buffers from lower intense residential uses. 17.08-11 04/03 S~2 . ~ RESOLUTION NO. 06-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT17435, A REQUEST TO SUBDIVIDE 14.77 GROSS ACRES OF LAND INTO 10 NUMBERED LOTS AND 2 LETTERED LOTS FOR THE SALE OF 135 RESIDENTIAL CONDOMINIUM UNITS IN THE FLOOD CONTROL DISTRICT (MIXED USE DISTRICT PROPOSED), LOCATED ON THE SOUTH SIDE OF CHURCH STREET, BETWEEN CENTER AVENUE AND HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401~35 AND 36. A. Recitals. 1. Pitassi Architects, Inc. filed an application for the approval of Tentative Tract Map SUBTT17435, as described in the title of this Resoluti(),n. Hereinafter in this Resolution, the subject Tentative Tract Map SUBTT17435 request is referred to as "the application." 2. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly notic;ed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga' as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A,of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on April 12, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on the south side of Church Street, between Center Avenue and Haven Avenue, with a street frontage of 463 feet on Haven Avenue and lot depth of 1,234 feet along Church Avenue and is presently improved with an abandoned retention basin; and; b. The property to the north of the subject site is designated Low Density Residential and is developed single-family residential; the property to the west is designated Low Density Residential and is developed single-family residential; the property to the east is designated Office Space and is vacant; and the property to the south is designated Industrial Park and is Office and Institutional (CVWD Equipment Maintenance Yard) Industrial Park. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: S~3 PLANNING COMMISSION RESOLUTION NO. 06-22 TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECTS, INC April 12, 2006 Page 2 d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. Tentative Tract Map SUBTT17435 is not likely to cause serious public health problems; and f. The design of Tentative Tract Map SUBTT17435 will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4; Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessmentfor the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the State CECA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared, therefore, reflect the independent judgment of the Planning Commission; arid, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuantto the provisions of Section 753.5(c) of Title 14 ofthe California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports arid exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as setforth in Section 753.5(c-1-d) of Title 14 ofthe California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. S~if '\ PLANNING'COMMISSION RESOLUTION NO. 06-22 TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECTS, INC April 12, 2006 Page 3 " Planninc Department 1) Approval of Tentative Tract Map SUBTT17435 is granted subject to approval and adoption by the City Council of the City of Rancho Cucamonga of General Plan Amendment DRC2004-01197 and Development District Amendment DRC2005':00001. Encineerinc Department 1) Haven Avenue frontage improvements to be in accordance with City "Major Divided Highway" standards as required and including: (7 1/2-foot median, 12 feet, 11 feet, 11 feetthru lanes, 5-foot bike lane and 11-foot bus bay south of Church Street or 71/2 -foot median, 13 feet, 11 feet, 11 feet thru lanes, 5-f<:>ot bike lane mid-block). a) Provide a bus bay/deceleration/right-turn lane on Haven Avenue to~ntrance. ' b) Revise traffic signing and striping and protect R26(s) "No Stopping" signs along Haven Avenue, as required. c) Protect or provide additional Traffic Signal equipment, as required and in accordance with Focused Traffic Study. 2) Church Street frontage improvements to be in accordance with City "Secondary" standards as required and including: a) Provide curb and gutter, sidewalk, 9500 Lumens HPSV street lights, street trees, and drive approach as required. b) Provide traffic signing and striping and protect R26(s) "No Stopping" signs along Church Street as required. c) Re.:-stripe Church Street to provide left turn pockets at project entrances at Marine and Cartilla Avenues. d) Protect or replace existing Traffic Signal equipment as required. 3) Center Avenue frontage improvements to be in accordance with City "Collector" standards as required and including: a) Provide curb and gutter, sidewalk, 5800 Lumens HPSV street lights and street trees, as required. b) Protect R26 "No Parking" signs along Center Avenue, as required. c) Revise traffic signing and striping, as required. d) No residential driveways to Center Avenue~ 5~S '\ PLANNING COMMISSION RESOLUTION NO. 06-22 TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECTS, INC April 12, 2006 Page 4 4) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and ,electrical, except for the 66 KV electrical) on the opposite side of Church Street shall be paid to the City prior to map approval or issuance of Building Permits, whichever comes first. The fee shall be one-half the City adopted, unit amount times the length of the project frontage from the center of Church Street and Haven Avenue to the center of Church Street and Center Avenue. 5) All service utility lines crossing Church Street shall be undergrounded. 6) Provide a 25-foot wide public storm drain easement for the proposed storm drain. Provide a blanket acc~ss easement over the remainder parcel for City maintenance crews to access manholes. Also provide a private storm drain easement for that portion of storm drain that serves Tentative Tract Map SUBTT17435 over the remainder parcel. 7) Dedicate vehicle restriction rights to the City except at location approved with the Development Site Plan. ' 8) BMPs proposed in the Water Quality Management Plan must be reviewed and approved by the City Engineer. 9) As required by the City Engineer, install andlor coordinate with City capital improvement project the installation of public improvements along the north side of Church Street from Cornell Court to easterly boundary of Church Street Park. Improvements may include, but are not limited to, curb and gutter, street pavement, sidewalk, drive approaches, street lights, and any private improvements to restore adjacent properties. Also install traffic signal for the intersection of Church Street and Center Avenue. All improvements are eligible for Transportation fee credit and or reimbursement. Environmental Mitiaation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction S~? '\ PLANNING COMMISSION RESOLUTION NO. 06-22 TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECTS, INC April 12, 2006 Page 5 measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMDRule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: . Reestablish ground cover pn the construction site through seeding and watering. . Pave or apply gravel to anyon-site haul roads. . Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. . Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. . Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. . Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. . Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB)) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403). , 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipmentwhen not in use. s'1 '\ PLANNING COMMISSION RESOLUTION NO. 06-22 TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECTS, INC April 12, 2006 Page 6 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (Le., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent re~sonably feasible. 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) Prior to the commencement of project grading, the project applicant shall submit evidence to the City that all permit requirements mandated by the U.S. Army Corps of Engineers, the California Department of Fish and Game, and/or the Regional Water Quality Control Board, Santa Ana Region, have been satisfied. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought , resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. SbS PLANNING COMMISSION RESOLUTION NO. 06-22 TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECTS, INC April 12, 2006 Page 7 Hydrology and Water 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during' construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result, of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post-Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent S{,9 > PLANNING COMMISSION RESOLUTION NO. 06-22 TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECTS, INC April 12, 2006 Page 8 practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the Stat~ Water Resources Control Board. Evidence that this has been obtained (Le., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) . Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-0, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Operational Noise 5) Minimum sound wall height required for a ground-floor backyard/patio is 8 feet for the following buildings along Church Street: Buildings 1,2, 3, 4, 20, and 21. 51D PLANNING COMMISSION RESOLUTION NO. 06-22 TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECTS, INC April 12, 2006 Pa~e 9 6) A 5-foot sound wall is recommended for balconies associated with the following buildings along Church Street that are directly exposed to Church Street traffic: Buildings 1, 2, 3, 4, 20, and 21. Balconies outside of 500 feet from the Church Street centerline or those that are blocked by the intervening structures (including those on the sides of the building facing away from Church Street) do not need balcony walls. 7) Bedrooms in Buildings 1, 2, 3, 4, 20, and 21 that are within 382 feet of the Church Street centerline and directly exposed to traffic require a mechanical ventilation system, such as an air~conditioning system. 8) Bedrooms in Buildings 4 through 7 that are within 792 feet of the Haven Avenue centerline and directly exposed to the traffic require a mechanical ventilation system, such as an air-conditioning system. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL, 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2006, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: FLETCHERt MACIAS, MUNOZ, STEWART NONE NONE McPHAIL 57/ 'I, " City of Rancho Cucamonga MITIGATION MONITORING , PROGRAM Project File No.: General Plan Amendment DRC2004-01197; DevelopmentOistrict Amendment DRC2005-000Q1; Tentative Tract Map SUBTT17435; Development Review DRC2005-00071, and SUBTPM17460. This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval forthe project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. ' 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting' Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each pot~ntially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. R:eports will be available from the City upon request at the following address: City of Rancho. Cucamonga - Lead Agency Planning Department 1 0500 Civic Center Drive Rancho Cucamonga, CA 91730 572 Mitigation Monitoring Program General Plan Amendment DRC2004-01197; Development District Amendment DRC2005-00001 ; Tract Map Subtt17435; Development Review DRC2005-00071, and SUBTPM17460. Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. , , 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. 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Q) c.?U '0'0 '0'0 III '0 C o m Q) 0 'E~ o III 0. i: 8.::> o ~ u ~ C ~ .~ a.S~E .9 Q) Q) .u- CI.la:a: I , I vlOWI'o- -- III C III ii: in Q) 'C .a ~ ~ o a. ~ (ij e a. a. <( - ~ ~ ~ 'E ~ ~ ~ C 0 CI.l Q) Q) Q) ~.r:.- ... U ~ Q) C a. III Q) ii:CI.l UO C o C 'is o 2 U iii 2 C C iii 0 0 C U o "S Q5 Uoa.g> t g 8 ~ ~~8& muOW Q) Q) Q) Q) ~ ~ 6, 6, COl'iij'iijQ) Ol'- Q) Q) Q) 'iij gj ~ '0 6, ~ ~ 0 0 'iij ...o(ijc~ ~ ~~l~ C '0 01 U Q) .!!!cCQ):E o.W'CoU ~~'5'5~ uumo.U:: , o.woou uumo.u.. CX) - o CX) <J o 'q Iii C 0;:: It) <;' co tb > ~ .!. III 32 .r:. o E E It) (') v 1'0- ...... == .c ;::, II) Iii c: 0;:: :E f:? ;::, -5 '0 c: III c: Q) > III ~ III ==' 01 c: '2 c: III C. ~ r \. S~J ',\ COMMUNITY,DEVELOPMENT " DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTT17435 SUBJECT: TENTATIVE TRACT MAP APPLICANT: PITASSI ARCHITECTS, INC. LOCATION: HAVEN AVENUEAND CHURCH STREET':" APN: 1077-401-35 AND 36. ALL OF THE FOLLOWING CONDITIONS APPL Y TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Comoletion Date A. General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant'of his obligations under this condition. 2. Approval . of Tentative Tract No. SUBTT17435 is granted subject to the approval of DRC2004-01197, DRC2005-00001 and DRC2005-00071. ,---1_/_ ,B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _1---1~ Commission, unless a com'plete final map is filed with the City Engineer within 3 years from the date of the approval. C. Site Development 1. Street names shall be submitted for City Planner review and approval in accordance with the ---1---1- adopted Street Naming Policy prior to approval of the final map. 2. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the ---1---1- Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning SC-1-0S 1 SS2 Project No.SUBTT17435 ComDletion Date Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. D. Parking and Vehicular Access (indicate details on building plans) 1. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on ~~- this site unless they are the principal source of transportation for the owner and prohibit parking' on interior circulation aisles other than in designated visitor parking areas. E. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of ~~- implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $495 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) F. Site Development 1. Prior to issuance of building permits fora new residential project or major addition, the applicant ~~- shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 2. Street addresses shall be provided by the Building and Safety Official after tract/parcel map ~~- recordation and prior to issuance of building permits. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from ~_I- street centerline): 44 total feet on Church Street 33 total feet on Center Avenue ~~- ~~- 2. Corner property line cutoffs shall be dedicated per City Standards. ~~- 3. Vehicular access rights shall be dedicated to the City for the following streets, except for ~~- approved openings: Center Avenue, Church Street, and Haven Avenue. 4. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by ~~- deeds and shall be recorded concurrently with the map or prior to the issuance of building permits; where no map is involved. SC-1-05 2 583 '\ " . ' Project No.5UBTT17435 Comoletion Date 5. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint ---1---1 ~ maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the ,---1---1_ final map. Easements for public sidewalks andlor street trees placed outside the public right-of-way shall be ---1_1_ dedicated to the City. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of7 ---1_/_ feet measured from the face of curbs. The developer shall make a good faith effort to acquire the required off-site property interests ---1---1- necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462.5 at such time as the City decides to acquire the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City if the City decides to acquire the off-site property interests required in connection with the subdivision., Security for a portion of.these costs shC;lIl be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited to: Church Street from Cornell Court to easterlv boundarv of Church Street Park. All expenses incurred bvthe developer. includinQ all public improvements. shall be reimbursed throuah the City's transportation fee orOQram. 6. 7. 8. 9. 'H. Street Improvements SC-1-05 1. Pursuant to City Council Resolution No. 88-557, no person shall make connections from a source ---1---1- of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 2. Construct the following perimeter street improvements including, but not limited to: ---1---1- Curb & AC. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Haven Avenue X X C X X X X (e) Church Street X X X X X X Center Avenue X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Bus Bay. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be -1---1_ 3 58'/ Project No.SUBTT17435 Comoletion Date posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a -.-1_1- construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and -.-1-.-1- interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction -.-1-.-1- project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No.6 at intersections and No.5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City -.-1-.-1- Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with -.-1_1_ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be -.-1-.-1- installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. -.-1-.-1- 4." Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in -.-1-1- accordance with the City's street tree program. SC-1-05 4 585 Project No.SUBTT17435 Comoletion Date 5. Install street trees per City street tree design guidelines and standards as follows. The completed -1-1_ legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1 )." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Center Avenue Brachychiton popuheus Bottle Tree 5' 25'O.C. 15 Gal Fill -- in Church Street P .A. 8' or greater Magnolia grandiflora NCN 8' 30'O.C 15 'Samuel Sommer' P .A. Less than 8' Magnolia grandiflora NCN 3' 20'O.C.. 15.Gal 'St. Mary' Haven Avenue Foreground P .A. 8' or greater Magnolia grandiflora NCN 8' 60'0.C. 15Gal Generally in front of 'Majestic Beauty' Intentionally sidewalk spaced this far apart P .A. less than 8' Magnolia grandiflora NCN 3' 20'O.C. 15 Gal 'St. Mary' Primary tree in Brachychiton populneus Bottle Tree 8' 25'O.C. 15 Gal masses, mainly informal if behind sidewalk maintained by City Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with -.J-.J_ adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. I. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting -.J -.J_ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective -.J_I_ Beautification Master Plan Haven Avenue. SC-1-QS S 5gb 'I, Project No.SUBTT17435 Comoletion Date J. Drainage and Flood Control 1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection _1---1_ measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. 2. It shall be the developer's responsibility to have the current FIRM Zone A designation removed _1---1_ from the project area. The developer shall provide drainage andlor flood protection facilities sufficient to obtain an unshaded "X" designation. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final map ---1---1_ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. . 4. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the ---1---1_ property from adjacent areas. 5. A permit from the San Bernardino County Flood Control District is required for work 'within its ---1---1- right-of-way. K. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, ---1---1~ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary.- ---1---1_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the ---1~- Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is re,quired prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. _1---1_ Approval of the final parcel map will be subject to any requirements that may be received from them. L. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all ---1---1- new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall ---1---1_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. SC-1-OS 6 587 Project No.SUBTT17435 Comoletion Date APPLICANT SHAll CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOllOWING' CONDITIONS: SEE ATTACHED SC-1-05 7 Sgg Rancho Cucamonga Fire Protection District' Fire Construction Services STANDARD CONDITIONS September 8, 2005 Church & Haven MFR Subdivision Multi-Family Tentative Tract & Design Review SUBTT17435 & DRC2005-00071 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The maximum distance between fire hydrants in multi-family residential projects is 400-feet. No portion of the exterior wall shall be located more than 200-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 150-feet. C. The maximum distance between fire hydrants in single-family residential projects is 500-feet. No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 200-feet. d. For single-family residential projects in the designated Hazardous Fire Area, the maximum distance between fire hydrants is 400-feet. No portion of the exterior wall facing the addressed street shall be more than 200-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 150-feet. e. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential project from the public roadways. ii. At intersections. iii. On the right side of the street, whenever practical and possible. iv. As required by the Fire Safety Division to meet operational needs of the Fire District. 589 '\, iv. As required by the Fire Safety Division to meet operational needs of the Fire District. . I v. A minimum of forty-feet (40 feet) from any building. , f. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. ' ' g. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is1 ,500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 or 13R with central station monitoring. This requirement is made in accordance with the' California. Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2. The required minimum fire flow for structures located in the designated hazardous fire area shall be nbt less than 1,750 gpm at 20-psi residual. For structures in excess of 36,000 square feet use CFC Table A-III-A-1. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Firewater plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until firewater plans are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 200t California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Multifamily structures greater than 7,500 square feet. 2. Multi-family residential structures in excess of 4 units. 3. All structures that do not meet Fire District access requirements (see Fire Access). 2 S9b 4. When required fire flow cannot be provided due to inadequate volume or pressure. 5. When the building access does not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard #F191.1 0.20. 6. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) requires an automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code. 2. prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access - Fire Lanes Standard #F191.1 0.200. 1. Location of Access: All portions of the structures 1st story exterior wall shall be'located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. C. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). } 5q; '"I " Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. ' j. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall, be installed in accordance with RCFPD Residential Gate Standard #9-1. The following, design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS., b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20.00. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 4 51.2 FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment'of the Fire Chief is likely to produce conditions that may be hazardous to life or property. Compressed Gases Public Assembly Cryogenics LPG or Gas Fuel Vehicles in Assembly Buildings Flammable and Combustible Liquids Welding and Cutting Operations Hazardous Materials Tents, Canopies and/or Air Supported Structures Liquefied Petroleum Gases FSC-11 Hazardous Materials - Submittal to the County of San Bernardino The 'San Bernardino County Fire' Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance. The County Fire Department is the CallEPACertified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. , 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility. 2. 'Any business that operates on rented or leased property which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD OrdinancesFD15 and FD39 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1. Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: 5 59$ ',\ a. Is located on property which is not under the control of the applicant; or " b. Crosses a property line; or c. Is shared by multiple owners; or d. Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, CountY of San Bernardino. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances a. Pass through or are located on property not under the control of the applicant; or b. Crosses a property line; or c. Provide service to adjacent properties; or d. Is located on common space under the control of an owner's association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement shall meet the form and content approved by the Rancho CucamongCl Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 is required prior to the issuance of grading or building permits. 6 $ tJ.lj ChronoloQical Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS - Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #1 O;.~t The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot ' radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing; Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface ofthe road; 4. , Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 7 595 ','\ 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test ofthe most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available~ , The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certifi,cate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other sp~cial hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 9. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 10. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 11. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 12. Fuel Modification: Please refer to RCFPD Summary of Fire Hazardous Area requirements. 8 S9~ 13. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Risk Manageme,nt Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino'County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fire Construction Services. 1. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 2. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 W' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 9 591 I ~~ RESOLUTION NO. 06-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM17460, A SUBDIVISION OF 3.36 NET ACRES OF LAND INTO 3 NUMBERED LOTS FOR THE' SALE OF 2 OFFICE CONDOMINIUM UNITS IN THE FLOOD CONTROL DISTRICT (MIXED USE DISTRICT PROPOSED), LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET, BETWEEN CENTER AVENUE AND HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1077-401-35. A. Recitals. 1. Pitassi Architects, Inc. filed an application for the approval of Tentative Parcel Map SUBTPM17460, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map SUBTPM17460 request is referred to as "the application." 2. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the, adopti9n of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on April 12, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on the southwest corner of Church Street and Haven Avenue, with a street frontage of 463 feet on Haven Avenue and is presently improved with an abandoned retention basin: and b. The property to the north of the subject site is designated Low Density Residential and is developed single-family residential; the property to the west is designated Low Density Residential and is developed single-family residential; the property to the east is designated Office Space and is vacant; and the property to the south is designated Industrial Park and is Office and Institutional (CVWD Equipment Maintenance Yard) Industrial Park. 3. Based upon the substantial evidence presented' to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That Tentative Parcel Map SUBTPM17460 is consistent with the General Plan, Development Code, and any applicable specific plans; and S1rt PLANNING COMMISSION RESOLUTION NO. 06-23 SUBTPM17460 - PITASSI ARCHITECTS, INC April 12, 2006 Page 2 b. The design or improvements of Tentative Parcel Map SUBTPM17460 is consistent with the General Plan, Development Code, and any applicable specific plans; and c. , The site is physically suitable for the type of development proposed; and d. The design of Tentative Parcel Map SUBTPM17460 is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. Tentative Parcel Map SUBTPM17460 is not likely to cause serious public health problems; and f. The design of Tentative Parcel Map SUBTPM17460 will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence .that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative'Declaration has been prepared in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared, therefore, reflect the independent judgment of the Planning Commission; and, further,this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. ' b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and the Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as setforth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. 599 . ,l~ PLANNING COMMISSION RESOLUTION NO. 06-23 SUBTPM17460 - PITASSI ARCHITECTS, INC April 12, 2006 Page 3 Enaineerina Department 1) Haven Avenue frontage improvements to be in accordance with City "Major Divided Highway" standards as required and including: (7 1/2-foot median, 12 feet, 11 feet, 11 feet thru lanes, 5-foot bike lane and 11-foot bus bay south of Church Street or 7 1/2-foot median, 13 feet, 11 feet, 11 feet thru lanes, 5-foot bike lane mid block). a) Provide curb and gutter, sidewalk, 9500 Lumens HPSV street lights, street trees, and drive approach as required. b) Drive approach shall be a minimum of 35 feet wide per City Standard 101 Type C. c) Provide a bus bay/deceleration/right turn lane on Haven Avenue to entrance. d) Revise traffic signing and striping and protect R26(s) "No Stopping" signs along Haven Avenue as required. e) Protect or provide additional Traffic Signal equipment, as required and in accordance with Focused Traffic Study. 2) Church Street frontage improvements to be in accordance with City "Secondary" standards as required, including: a) Provide curb and gutter, sidewalk, 9500 Lumens HPSV street lights, street trees, drive approach as required. b) Provide traffic signing and striping and protect R26(s) 'No Stopping" signs along Church Street as required. c) Proposed entrance locations shall be per City "Driveway Policy". d) Protect or replace existing Traffic Signal equipment as required. 3) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical, except for the 66 KV electrical) on the opposite side of Church Street shall be paid to the City prior to map approval or issuance of building permits, whichever comes first. The fee shall be one-half the City adopted unit amount times the length of the project frontage from the center of Church Street and Haven Avenue to the westerly project boundary. 4) All service utility lines crossing Church Street shall be undergrounded. 5) Provide a 25-foot wide public storm drain easement for the proposed storm drain. Provide a blanket access easement over the remainder parcel for City maintenance crews to access manholes. fo~b PLANNING COMMISSION RESOLUTION NO. 06-23 SUBTPM17460 - PITASSI ARCHITECTS, INC April 12, 2006 Page 4 6) Dedicate vehicle restriction rights to the City except at location approved with the Development Site Plan. 7) Best Management Practices proposed in the Water Quality Management Plan must be reviewed and approved by the City Engineer. Environmental Mitiaation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: I . Reestablish ground cover on the construction site through seeding and watering. . Pave or apply gravel to anyon-site haul roads. . Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. / . Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. (PD! , ~ PLANNING COMMISSION RESOLUTION NO. 06-23 SUBTPM17460 - PITASSI ARCHITECTS, INC ) April 12, 2006 Page 5 . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. . Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. . Suspend grading operations during high winds (Le., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. . Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil stabilizers (approv~d by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (Le., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. ~tJ2 PLANNING COMMISSION RESOLUTION NO. 06-23 SUBTPM17460 - PITASSI ARCHITECTS, INC April 12, 2006 Page 6 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) Prior to the commencement of project grading, the project applicant shall submit evidence to the City that all permit requirements mandated by the U.S. Army Corps of Engineers, the California Department of Fish and ~ame, and/or the Regional Water Quality Control Board, Santa Ana Region, have been satisfied. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule '403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and Water 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or foo.5 PLANNING COMMISSION RESOLUTION NO. 06-23 SUBTPM17460 - PITASSI ARCHITECTS, INC April 12, 2006 Page 7 off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post - Construction Operational 5) The developer shall implement the BMPs identified in the Water Quality Management Plan to reduce 'pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall inClude provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. '. 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (Le., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. fotJif , I,~ 'PLANNING COMMISSION RESOLUTION NO. 06-23 SUBTPM17460 - PITASSI ARCHITECTS, INC April 12, 2006 Page 8 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-0, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be <;:onstructed as early as possible in the first phase. 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Operation a/ Noise 5) Minimum sound wall height required for a ground-floor backyard/patio is 8 feet for the following buildings along Church Street: Buildings 1, 2, 3,4,20 and 21. 6) A 5-foot sound wall is recommended for balconies associated with the following buildings along Church Street that are directly exposed to Church Street traffic: Buildings 1, 2, 3,4,20, and 21. Balconies outside of 500 feet from the Church Street centerline or those that are blocked by the intervening structures (including those on the sides of the building facing awayfrom Church Street) do not need balcony walls. 7) Bedrooms in Buildings 1, 2, 3,4,20, and 21 that are within 382 feet of the Church Street centerline and directly exposed to traffic require a mechanical ventilation system, such as an air-conditioning system. 8) Bedrooms in Buildings 4 through 7 that are within 792 feet of the Haven Avenue centerline and directly exposed to the traffic require a mechanical ventilation system, such as an air-conditioning system. 6. The Secretary to this Commission shall certify to ,the adoption of this Resolution. t,~5 PLANNING COMMISSION RESOLUTION NO. 06-23 SUBTPM17460 - PITASSI ARCHITECTS, INC April 12, 2006 Page 9 APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006. , PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Dan Coleman, Acting Secretary ATTEST: I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed,and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April, 2006, by the following vote,;;to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAI L ~t>h ',\ " City of Rancho Cucamonga MITIGATION MONITORING , PROGRAM Project File No.: SUBTT17382 and DRC2004-01270 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration/Environmental Impact Report for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 onhe Public Resources Code). Program Components - This MMP contains the fo.llowing elements: 1. Conditions of approval that act as impact mitigation measures, are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, w~at action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who willtake action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department ' 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (p07 Mitigation Monitoring Program SUBTT17382 and DRC2002-01270 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design!, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be )he responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. 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'iij "e- 'C .... 0 .... 0 iO c Q) Co 0 .... .13 ! 'C III .... Q) IE .... .~ Q) Q) 0 CD C C 0 IV Qj ~ c: '0 Cl (,) :E ..!!! c: c ,~ (,) a.. w '6 co ~~= "0 l!! =& i:3i:3cB i:i: c: I a.. '1: C I I C 0 a.. w 0 0 () co (,/(,' () (,) () en a.. u. ~ ';, COMMUNITY DEVELOPMENT I DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTPM17460 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: PITASSI ARCHITECTS, INC, LOCATION: HAVEN AVENUE AND CHURCH STREET ":,,APN: 1077-401-35, ALL OF THE FOLLOWING CONDITIONS APPL Y TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING D,EPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Comoletion Date A. General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its --1--1_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action, The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2, Approval of Tentative Parcel Map SUBTPM17460 is granted subject to the approval of DRC2004-01197, DRC2005-00001 and DRC2005-00071, B. Time Limits 1, This tentative tract map or tentative parcel map shall expire, unless extended by the Planning -f-f_ Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. . C. Site Development 1, The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the -'-f- awners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney, They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer.' The Owners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. SC-1-05 1 ~/7 Project No. SUBTPM17460 Comoletion Date APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: D. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from, -.J-.J_ street centerline): 44 total feet on Church Street -.J-.J_ 2, Corner property line cutoffs shall be dedicated per City Standards, -.J-.J_ 3, Vehicular access rights shall be dedicated to the City for the following streets, except for -.J-.J_ approved openings: Church Street and Haven Avenue, 4, Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by -.J-.J_ deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 5, Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint -.J-.J_ maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map, 6, All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the -.J-.J_ final map. 7. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be -.J-.J_ dedicated to the City, 8, Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 -.J-.J_ feet measured/from the face of curbs, E. Street Improvements 1, Pursuant to City Council Resolution No, 88-557, no person shall make connections from a source -.J_/_ of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a perr:nit iSfequired unle~s, in addition to any and all other codes, regulations and ordinances,' all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than . one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 2, Construct the following perimeter street improvements including, but not limited to: -.J-.J_ I Curb & A.C, Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr, Lights Trees Trail Island Trail Other Haven Avenue X ,X C X X X X (e) Church Street X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter, (b) Pavement reconstruction and overlays will be determined during plan check, (c) If so marked, sidewalk shall be curvilinear per Standard 114, (d) If so marked, an in-lieu of construction fee shall be provided for this item, (e) Bus Bay 3, Improvement Plans and Construction: SC-1-05 2 fe,/rc '-I Project No, SUBTPM17460 ComDletion Date a, Street improvement plans, including street trees, street lights; and intersection saf!3ty lights ~ ~- on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer, Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. ' Prior to any work being performed in public right-of-way, fees shall be paid and a ~~- construction permit shall be obtained from the City Engineer's Office in addition to any other permits required, c, Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and ~~_ interconnect conduit shall be installed to the satisfaction of the ,City Engineer, d, Signal conduit with pull boxes shall be installed with any new construction or reconstruction' ~ ~- project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1 ) Pull boxes shall be No, 6 at intersections an'd No, 5 along streets, a maximum of 200 - feet apart, unless otherwise specified by the City Engineer, 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified, e, Handicapped access ramps shall be installed on all corners of intersections per City _/~_ Standards or as directed by the City Engineer, f, Existing City roads requiring construction shall remain open to traffic at all times with ~~_ adequate detours during construction, Street or lane closure permits are required, A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer, g. Concentrated drainage flows shall not cross sidewalks, Under sidewalk drains shall be _/_/_ installed to City Standards, except for single family residential lots, h, Street names shall be approved by the City Planner prior to submittal for first plan check, --1--1_ 4, Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in --1--1_ accordance with the City's street tree program, SC-1-05 3 (PIC; Project No. SUBTPM17460 ,Comoletion Date 5. Install street trees per City street tree design guidelines and standards as follows, Thecompleted -1-1_ legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)," Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables, For additional information, contact the Project Engineer. Street Name Church Street P,A, 8' or greater Botanical Name Common Name Min. Grow Space Spacing Size Qty. 8' 30'O.C 15 3' 20'0,C.. 15 Gal , P .A. Less than 8' Magnolia grandiflora 'NCN 'Samuel Sommer' Magnolia grandiflora NCN 'St. Mary' Haven Avenue Foreground P.A. 8' or greater Generally in front of sidewalk P .A, less than 8' Magnolia grandiflora NCN 'St. Mary' Brachychlton populneus Bottle Tree 3' 60'O,C. 15 Gal Intention ally spaced this far apart 15 Gal 20'O,C, 15Gal 25'O.C. informal if maintain ed by City Magnolia grandiflora NCN 8' 'Majestic Beauty' Primary tree in masses, mainly behind sidewalk 8' Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans, 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector, Any unusual toxicities or nutrient deficiencies may require backfill,soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only, 6, Intersection line of sight designs shall be reviewed by the City Engineer for conformance with -I-!_ adopted policy, On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways, Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required, F. Public Maintenance Areas 1 A signed consent and waiver form to join andlor form the appropriate Landscape and Lighting -1---1_ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer, 2 Parkway landscaping on the following street(s) shall conform to the results of the respective _1_1_ Beautification Master Plan Haven Avenue, , SC-1-05 4 .~~ ~ () ';, Project No. SUBTPM17460 ComDletion Date G. Drainage and Flood Control " 1, The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection ~~_ measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer, 2, It shall be the developer's responsibility to have the current FIRM Zone A designation removed ~~_ from the project area. The developer shall provide drainage and/or flood protection facilities sufficient to obtain an unshaded "X" designation, The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations, A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A tetter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 3, A final drainage study shall be submitted to and approved by the City Engineer prior to final map ~~_ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer, 4, Adequate provisions shall be made for acceptance and disposal of surface drainage entering the _/ ~_ property from adjacent areas, 5, A permit from the San Bernardino County Flood Control District is required for work within its ~~_ right-of-way, H. Improvement Completion 1. If the required public improvements are not completed prior to approval of the final parcel map, ~ ~_ an improvement security accompanied by an agreement executed by the Developer and the City will be required for: Church Street and Haven Avenue: curb/gutter, street lights, street trees, drive approaches, sidewalk, a.c, pavement, bus bay, and bike trail. I. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, _/~- electric power, telephone, and cable TV (all underground) in accordance with the' Utility Standards. Easements shall be provided as required, 2. The developer shall be responsible for the relocation of existing utilities as necessary, ~~- 3, Water and sewer plans shall be designed and constructed to meet the requirements of the ~~_ Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino, A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4, Approvals have not been secured from all utilities and other interested agencies involved, ~_/- Approval of the final parcel map will be subject to any requirements that may be received from them, J. General Requirements and Approvals 1, A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved, -1-1_ SC-1-05 5 (,2.1 Project No, SUBTPM17460 Comoletion Date 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall --1--1_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from' landfills, and appropriate documentation is provided to the City, Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety; Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. SC-1-05 6 (p2.2 "\ " RESOLUTION NO, 06-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2005-00071, A MIXED USE PROJECT COMPRISED OF 2 OFFICE BUILDINGS TOTALING 44,782 SQUARE ~EET, 126 RESIDENTIAL CONDOMINIUM UNITS AND 9 SINGLE-FAMILY DETACHED UNITS ON A TOTAL NET SITE AREA OF 14,31 ACRES, LOCATED ON THE SOUTH SIDE OF CHURCH STREET, BETWEEN HAVEN AVENUE AND CENTER AVENUE IN THE MIXED USE DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-35 AND 36, A. Recitals, 1, Pitassi Architects, Inc, filed an application, for the approval of Development Review DRC2005-00071, as described in the title of this Resolution, Hereinafter in this Resolution, the subject Development Review request is referred to as "the application," 2, On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appHcation and concluded said hearing on that date, 3, All legal prerequisites prior to the adoption of this Resolution have occurred, B, Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1, This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2, Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on April 12, 2006, including written and oral staff reports together with public testimony, this Commission hereby specifically finds as follows: a, The application applies to the property located on the south side of Church Street, between Haven Avenue and Center Avenue and is presently vacant, undeveloped, and was previously used as a Flood Control Detention Basin; and b. The property to the north of the subject site is designated Low Density Residential and is developed single-family residential. The property to the west is designated Low Density Residential and is developed single-family residential. The property to the east is designated Office Space and is vacant. The property to the south is designated Industrial Park and is Office and Institutional (CVWD Equipment Maintenance Yard) Industrial Park, 3, Based upon the substantial evidence presented to this, Commission during the, above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: {P13 '; PLANNING COMMISSION RESOLUTION NO, 06-24 DRC2005-00071- PITASSI ARCHITECTS, INC April 12, 2006 Page 2 a, The proposed project is consistent with the objectives of the General Plan; and b, The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c, The proposed use is in compliance with each of the applicable provisions of the Development Code; and d, The proposed use, together with the conditions applicable thereto, will .not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, 4, Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports i'ncluded for the environmental assessment for the application, the Planning Commission finds that ther.e is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto I and incorporated herein by this reference, based upon the findings as follows: a, That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application, b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed in the Mitigation Monitoring Program, c, Pursuant to the provisions of Section 753,5(c) of Title 14 ofthe California Code of Regulations, the Planning Commission finds as follows: In considering the record asa whole I the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends, Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753,5(c-1-d) of Title 14 of the California Code of Regulations, 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference, Plannina Department 1) Approval of Development Review DRC2005-00071 is granted subject to approval and adoption by the City Council of the City of Rancho Cucamonga of General Plan Amendment DRC2004-01197, (p 2't( PLANNING COMMISSION RESOLUTION NO, 06-24 DRC2005-00071- PITASSI ARCHITECTS, INC April 12, 2006 Page 3 Development District Amendment DRC2005-00001, Tentative Tract Map SUBTT17435, and Tentative Parcel Map SUBTPM17460, Engineerina Department 1) Haven Avenue frontage improvements to be in accordance with City "Major Divided Highway" standards as required and including: (7 1/2-foot median, 12 feet, 11 feet, 11 feet thru lanes, 5-foot bike lane and 11-foot bus bay south of Church Street or 7 1/2-foot median, 13 feet, 11 feet, 11 feet thru lanes, 5-foot bike lane mid block), a) Provide curb and gutter, sidewalk, 9500 Lumens HPSV street lights, street trees and drive approach, as required, b) Drive approach shall be a minimum of 35 feet wide per City Standard 101 Type C, c) Provide a bus bay/deceleration/right turn lane on Haven Avenue to entrance, d) Revis~ traffic signing and striping and protect R26(s) ~'No Stopping" signs along Haven Avenue, as required, e) Protect or provide additional Traffic Signal equipment, as required and in accordance with Focused Traffic Study, 2) Church Street frontage improvements to be in accordance with City "Secondary" standards as required and including: a) Provide curb and gutter, sidewalk, 9500 Lumens HPSV street lights, street trees, drive approach, as required, b) Provide traffic signing and striping and protect 'R26(s) 'No Stopping" signs along Church Street, as required, c) Proposed entrance locations shall be per City "Driveway Policy," d) Protect or replace existing traffic signal equipment, as required, 3) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical, except for the 66 KV electrical) on the opposite side of Church Street shall be paid to the City prior to map approval or issuance of building permits, whichever comes first. The fee shall be one-half the City adopted unit amount times the length of the project frontage from the center of Church Street and Haven Avenue to the westerly project boundary. 4) All service utility lines crossing Church Street shall be undergrounded, tJ.5 '\ PLANNING COMMISSION RESOLUTION NO, 06-24 DRC2005-00071- PIT ASSI ARCHITECTS, INC April 12, 2006 Page 4 5) Provide a 25-foot wide public storm drain easement for the proposed storm drain, Provide a blanket access easement over the remainder parcel for City maintenance crews to access manholes, 6) Dedicate vehicle restriction rights to the City except at location approved with the Development Site Plan, 7) Best Management Practices proposed in the Water Quality Management Plan must be reviewed and approved by the City Engineer, Environmental Mitiaation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions, Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications, Maintenance records shall be available at the construction site for City verification, 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use, Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff, ' 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray, 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108, 5) All construction equipment shall comply with SCAQMD Rules 402 and 403, Additionally, contractors shall include the following provisions: . Reestablish ground cover on the construction site through seeding and watering, . Pave or apply gravel to anyon-site haul roads. . Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. . Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods, (Pl~' PLANNING COMMISSION RESOLUTION NO. 06-24 DRC2005-00071- PITASSI ARCHITECTS, INC April 12,2006 Page 5 . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices, . Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling, Timing may vary depending upon time of year of construction, . Suspend grading operations during high winds (Le" wind speeds exceeding 25 mph) in accordance with Rule 403 requirements, . Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means, 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403, 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions, 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible, 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use, 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (Le" in excess of 1 0 minutes), 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas, 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible, 14) All residential and commercial structures shall be required to incorporate high efficiencyllow polluting heating, air conditioning, appliances, and water heaters. (PJ..1 '\; PLANNING COMMISSION RESOLUTION NO, 06-24 DRC2005-00071- PITASSI ARCHITECTS, INC April 12, 2006 Page 6 ' , , 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping, Biological Resources 1) Prior to the commencement of project grading, the project applicant shall submit evidence to the City that all permit requirements mandated by the U.S, Army Corps of Engineers, the California Department of Fish and Game, and/or the Regional Water Quality Control Board, Santa Ana Region, have been satisfied, Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQC~) daily to reduce PM10 emissions, in' accordance with SCAQMD Rule 403 or re~planted with drought resistant landscaping as soon as possible, 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with venicle tracking of soil off-site, Timing may vary depending upon time of year of construction, 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions, Hydrology and Water 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading, This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or t28 PLANNING COMMISSION RESOLUTION NO, 06-24 DRC2005-00071- PITASSI ARCHITECTS, INC April 12, 2006 Page 7 3) off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame, During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff, 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site, Post-Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/p~sticides/herbicides, Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth, Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits, 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable, The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004, 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board, Evidence that this has been obtained (Le" a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shall not take place between the hours of 8:00 p,m. and 6:30 a,m, on weekdays, including Saturday, or at any time on Sunday or a national holiday. ti1 '~ PLANNING COMMISSION RESOLUTION NO, 06-24 DRC2005-00071- PIT ASSI ARCHITECTS, INC April 12, 2006 Page 8 .I 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17,02.120-0, as measured at the property line, Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17,02,120, Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted, 3) The perimeter block wall shall be ~onstructed as early as possible in the first phase, 4) Haul truck deliveries shall not take place between the hours of 8:00 p,m, and 6:30 a,m, on weekdays, including Saturday, or at any time on Sunday or a national holiday, Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction'traffic haul routes, To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings, Operational Noise 5) Minimum sound wall height required for a ground-floor backyard/patio is 8 feet for the following buildings along Church Street: Buildings 1, 2, 3, 4, 20, and 21. 6) A 5-foot sound wall is recommended for balconies associated with the following buildings along Church Street that are directly exposed to Church Street traffic: Buildings 1, 2, 3, 4, 20, and 21, Balconies outside of 500 feet from the Church Street centerline or those that are blocked by the intervening structures (including those on the sides of the building facing away from Church Street) do not need balcony walls, 7) Bedrooms in Buildings 1, 2, 3,4,20, and 21 that are within 382 feet of the Church Street centerline and directly exposed to traffic require a mechanical ventilation system, such as an air-conditioning system, t,$t> PLANNING COMMISSION RESOLUTION NO, 06-24 DRC2005-00071- PITASSI ARCHITECTS, INC April 12, 2006 Page 9 8) Bedrooms in Buildings 4 through 7 that are within 792 feet of the Haven Avenue centerline and directly exposed to the traffic require a mechanical ventilation system, such as an air-conditioning system, 6, The Secretary to this Commission shall certify to the adoption of this Resolution, APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006, ISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Dan Coleman, Acting Secretary I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commissionofthe City of Rancho Cucamonga, at a regular meeting ofthe Planning Commission held on the 12th day of April 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAI L /p3; '\ I City of Rancho Cucamonga MITIGATION MONITORING , PROGRAM Project File No.: General Plan Amendment DRC2004-01197; Development District Amendment DRC2005-00001; Tentative Tract Map SUBTT17435; Development Review DRC2005-00071, and SUBTPM17460, This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081,6 of the Public Resou,rces Code), Program Components - This MMP contains the follo,wing elements: 1, Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance, The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2, A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported, 3. . The MMP has been designed to provide focused, yet flexible guidelines, As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program, Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP, The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga, 1, A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2, A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto, This procedure designates who will take action, what action will be taken and when, and to whom and when complia'nce will be reported, All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 t,3l Mitigation Monitoring Program General Plan Amendment DRC2004-01197; Development District Amendment DRC2005-00001; Tract Map Subtt17435; Development Review DRC2005-00071, and SUBTPM17460. Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. AI" MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the ,appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if pompliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. 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III =& c: 'c c: ell ~ ~ '-Ij 'I, COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2005-00071 SUBJECT: DEVELOPMENT REVIEW APPUCANT: PITASSI ARCHITECTS INC, LOCATION: HAVEN AVENUE AND CHURCH STREET.... APN: 1077-401-35 AND 36, ALL OF THE FOLLOWING CONDITIONS APPL Y TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING D,EPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: ComDletion Date A. General Requirements 1, The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition, 2, Copies of the signed Planning Commission Resolution of Approval No. 06-24, Standard --1--1_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. --1--1_ B. Time Limits 1, Development/Design Review approval shall expire if building perm its are not issued or approved _/--1_ use has not commenced within 5 years from the date of approval. No extensions are allowed, c. Site Development 1, The site shall be developed and maintained in accordance with the approved plans which include --1--1- site plans, architectural elevations, exterior materials and colors, landscaping I sign program, and grading on file in the Planning Department, the conditions contained herein, and Development Code regulations, SC-1-05 1 IeLf~ Project No. DRC2005-00071 Comoletion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions --1--1- . of Approval shall be completed to the satisfaction of the City Planner. ' 3, Occupancy of the facilities shall not commence until such time asall Uniform Building Code and --1--1- State Fire Marshal regulations have been complied with, Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance, The buildings shall be inspected for compliance prior to occupancy. 4, Revised site plans and building elevations incorporating all Conditions of Approval shall be --1--1- submitted for City Planner review and approval prior to the issuance of building permits, 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for --1--1_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. ,6, Approval of this request shall not waive compliance with all sections of the Development Code, all --1--1- other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7, A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved --1--1- by the City Planner and Police Department (477-2800) prior to the issuance of building permits, Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties, 8, If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with --1--1- all receptacles shielded from public view, 9. Trash receptacle(s) are required for office development and shall meet City standards, The final --1--1- design, locations, and the numberof trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 10, All ground-mounted utility appurtenances such as transformers, AC condensers, etc" shall be ---1~- located out of public view and adequately screened through the use ofa combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner, For single- family residential developments, transformers shall be placed in underground vaults, 11. All building numbers and individual units shall be identified in a clear and concise manner, ---1--1- including proper illumination. 12. All parkways, open areas, and landscaping shall be permanently maintained by the property ---1--1- owner, homeowners' association, or other means acceptable to the City, Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 13. The developer shall submit a construction access plan and schedule for the development of all ---1_/_ lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 14. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall ---1---1- condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall, Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter, 15, Construct block walls between homes (Le" along interior side and rear property lines), rather than ---1---1- wood fencing for permanence, durability, and design consistency. SC-1-05 2 (,'13 '\ " Project No, DRc2005-00071 ComDletion Date 16. Access gates to the rear yards shall be constructed from a material more durable than wood ---1---1- gates, Acceptable materials include, but are not limited to, wrought iron and PVC, I 17, For residential development, return walls and corner side walls shall be decorative masonry, .-.)---1- '18, For multiple family development, laundry facilities shall be provided as required by the 0-'- Development Code. 19, For multiple family development, a minimum of 125 cubic feet of exterior lockable storage space ---1_'- shall be provided. 20, For residential development, recreation area/facility shall be provided as required by the ---1---1- Development Code. 21, Where rock cobble is used, it shall be real river rock, Other stone veneers may be manufactured, ---1---1- products, D. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be ~ feet wide by 18 feet long~ When a side of any parking space abuts ---1---1- a building, wall, support column, or other obstruction, th,e space shall be a minimum of 11 feet wide, 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb), 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings'units'buildings with open spaces'plazas' recreational uses, 4, All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards, 5, All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. 6, The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas, 7, Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits, For residential development, private gated entrances shall provide adequate turn-around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way, 8. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls, Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 9, Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall'provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. ---1_'- ---1---1- _'---1- ,,' I _--1- ---1---1- ---1---1- ---1_'- ---1---1- E. Building Design 1. Standard patio cover plans for use by the Homeowner's Association shall be submitted for City ---1---1- Planner and Building Official review and approval prior to issuance of building permits, SC-1-05 3 ~.lj,'1 ';, Project No. DRc2005-00071 Comoletion Date 2. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans, F. Trip Reduction 1, Bicycle storage spaces shall be provided in all commercial, office I industrial, and multifamily --1--1_ residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater, After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2,5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2,5 percent of the required automobile parking spaces with a minimum of a ' 3-bike rack, In no case shall the total number of bicycle parking spaces required exceed 100, Where this results in a fraction of 0,5 or greater, the number shall be rounded off to the higher whole number, 2, Carpool and vanpool designated off-street parking close to the office buildings shall be provided --1--1_ for commercial, office, and industrial facilities at the rate of 10 percent of the total parking area, If covered, the vertical clearance shall be no less than 9 feet. 3, Category 5 telephone cable or fiber optic cable shall be provided for office buildings and other --1--1_ non-residential development. 4, Transit improvements such as bus shelters, bus pullouts, and bus pads shall be provided on --1--1- Haven Avenue, Bus shelters shall also include a bench, a trash receptacle, and an adjoining bike rack (minimum 3 capacity) on a concrete pad. Bus shelter shall be located outside public right-of-way and shall be privately maintained, G. Landscaping 1, A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/- the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. A minimum of 45 trees per gross acre, comprised of the following sizes, shall be provided within --1--1- the project: 0% - 48-inch box or larger 10% - 36~inch box or larger, 10% - 24- inch box or larger, 80% - 15-gallon, and 0% - 5 gallon, 3, A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within --1_/_ commercial and office projects, shall be specimen size trees - 24-inch box or larger. 4, Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking --1--1- stalls. 5. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one --1--1- tree per 30 linear feet of building, 6, All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 --1--1- slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy, SC-1-05 4 Ie '/5 Project No. DRC2005-00071 Comcletion Date 7. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq, ft, of slope area, 1-gallon or larger size' shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq, ft. of slope area, Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane, Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy~ 8, For single-family residential development, all slope planting and irrigation shall be continuously ---1---1_ maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition, 9, For multi-family residential and non-residential development, property owners are responsible for ---1---1- the continual maintenance of all landscaped areas on;.site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage, 10, The final design ofthe perimeter parkways, walls,landscaping, and sidewalks shall be included in ---1---1- the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 11. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering ---1---1- sidewalks (with horizontal change), and intensified landscaping, is required along Haven Avenue, 12, Landscaping and irrigation systems required to be installed within the public right-of-way on the ---1~- perimeter of this project area shall be continuously maintained by the developer, 13, All walls shall be provided with decorative treatment. If located in public maintenance areas, the ---1---1- design shall be coordinated with the Engineering Department. 14, Tree maintenance criteria shall be developed and submitted for City Planner review and approval _'---1- prior to issuance of building permits, These criteria shall encourage the natural growth characteristics of the selected tree species, 15, Landscaping and irrigation shall be designed to conserve water through the principles of ---1---1- Xeriscape as defined in Chapter 19,16 of the Rancho Cucamonga Municipal Code. H. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval, ---1---1_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs, 2. A Uniform Sign Program for the office development shall be submitted for City Planner review ---1---1- and approval prior to issuance of building permits, 3. Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior ---1---1- to occupancy and shall require separate application and approval by the Planning Department prior to issuance of building permits, SC-1-05 5 (PL/? '; , Project No, DRC2005-00071 ComDletion Date I. Environmental 1. Noise levels shall be monitored after construction to verify the adequacy of the mitigation -.J-.J_ measures, Noise levels shall be monitored by actual noise level readings taken on- and off-site, A final acoustical report shall be submitted for City Planner review and approval prior to final occupancy release, The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards,such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. 2. A final acoustical report shall be submitted for City Planner review and approval prior to the -.J-.J_ issuance of building permits. The filial report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures, The building plans will be checked for conformance with the mitigation measures contained in the final report, 3, The applicant shall submit certification from an acoustical engineer that all recommendations of -.J-.J_ the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards, Certification shall be submitted to the Building & Safety Department prior'to final occupancy release of the affected homes, 4. Mitigation measures are required for the project. The applicant is responsible for the cost of -.J_'_ implementing said measures, including monitoring and reporting, Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $495 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures, These funds may be used by the City to retain consultants and'or pay for City staff time to monitor and report on the mitigation measures, Failure ,to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. J. Other Agencies 1, The applicant shall contact the U,S. Postal Service to determine the appropriate type and location _'-.J_ of mailboxes, Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting, The final location of the mailboxes and the design .of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be -.J_'_ marked with the project file number (Le., DRC2005-00071), The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts, 2, Prior to issuance of building permits for a new residential project or major addition I the applicant -.J-.J_ shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportatipn Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees, Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance, SC-1-05 6 (,L/? Project No, DRC2005-00071 ComDletion Date 3, Prior to issuance of building permits for a new commercial or industrial development project or .--1.--1- major addition, th~ applicant shall pay development fees at the established rate, Such fees may include but are notlimited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees, Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance, ' 4, Street addresses shall be provided by the Building and Safety Official after tract/parcel map' .--1.--1- recordation and prior to issuance of building permits, 5, Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m, Monday .--1.--1- through Saturday, with no construction on Sunday or holidays, "'- APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L.. Dedication and Vehicular Access 1, Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 44 total feet on Church Street. 2. Corner property line cutoffs shall be dedicated per City Standards, 3, Vehicular access rights shall be dedicated to the City for the following streets; except for approved openings: Church Street and Haven Avenue, 4. Reciprocal access easements shall be provided ensuring aC,cess to all parcels byCC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved, 5, Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map, 6, All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map, 7, Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City, 8. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 feet measured from the face of curbs, .--1.;....)- .--1.--1- .--1---1_ .--1---1_ .--1---1_ ---1---1- .--1.--1- ---1---1- .--1---1_ M. Street Improvements 1. Pursuant to City Council Resolution No, 88-557, no person shall make connections from a source ---1---1- of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless I in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by , these conditions of approval of development. SC-1-05 7 '!elf?: '\ , , Project No, DRC2005-00071 ComDletion Date 2, Construct the following perimeter street improvements including, but not limited to: -1-1- I Curb & A,C, Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Haven Avenue X X C X X X X (e) Church Street X X X X X X Notes: (a) Median island includes landscaping and irrigation onmeter, (b) Pavement reconstruction and overlays will be determined during plan check, (c) If so marked, sidewalk shall be curvilinear per Standard 114, (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Bus Bay, ' 3, Improvement Plans and Construction: a, Street improvement plans, including street trees, street lights, and intersection safety lights' -1-1- on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer, Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b, Prior to any work being performed in public right-of-way, fees shall be paid and a -1-1- construction permit shall be obtained from the City Engineer's Office in addition to any other permits required, c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and -1-1- interconnect conduit shall be installed to the satisfaction of the City Engineer, d, Signal conduit with pull boxes shall be installed with any new construction or reconstruction -1-1- project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No, 6 at intersections and No.5 along streets I a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified, e, Handicapped 'access ramps shall be installed on all corners of intersections per City -1-1- Standards or as directed by the City Engineer. f, Existing City roads requiring construction shall remain open to traffic at all times with -1-1- adequate detours during construction, Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer, g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be .--!-1- installed to City Standards, except for single family residential lots, h, Street names shall be approved by the City Planner prior to submittal for first plan check, .--!-1- 4, Street trees I a minimum of 15-gallon size or larger, shall be installed per City Standards in _/-1- accordance with the City's street tree program, SC-1-05 8 . . ~lf1 Project No. DRC2005-00071 ComDletion Date 5, Install street trees per City street tree design guidelines and standards as follows, The completed .-J.-J- legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)," Where public landscape plans are required, tree installation in those areas shall be per the 'public landscape improvement plans, The City Engineer reserves the right to adjust tree species based upon field conditions and other variables, For additional information, contact the Project Engineer. Street Name Church Street P,A, 8' or greater Botanical Name Min, Grow Common Name Space Spacing Size Qty. P .A. Less than 8' Magnolia grandiflora 'Samuel Sommer' Magnolia grandiflora 'St. Mary' NCN 8' 30'Q,C 15 NCN 3' 20'Q.C.. 15 Gal Haven Avenue Foreground P,A. 8' or greater Generally in front of sidewalk Magnolia grandiflora NCN 'Majestic Beauty' 8' 60' Q,C. 15 Gal Intentionally spaced this far apart P .A. less than 8' Magnolia grandiflora NCN 'St. Mary' Brachychiton populneus Bottle Tree 3' 20' Q,C, 15 Gal Primary tree in masses, mainly behind sidewalk 8' 25' Q.C, 15 Gal informal if maintained by City 6. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only, Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. "\, / I ' ___I N. Public Maintenance Areas 1 A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting ~~- Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer, 2 Parkway landscaping on the following street(s) shall conform to the results of the respective ~~- Beautification Master Plan Haven Avenue, ' o. Drainage and Flood Control 1 The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection ~~- measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. ' SC-1-05 9 ~S{) , \ Project No. DRC2005-00071 ComDletion Date 2, It shall be the developer's responsibility to have the current FIRM Zone A designation removed -1-1- from the project area, The developer shall provide drainage and/or flood protection1facilities sufficient to obtain an unshaded "X" designation. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations, A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 3, A final drainage study shall be submitted to and approved by the City Engineer prior to final map -1-1- approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 4, Adequate provisions shall be made for acceptance and disposal of surface drainage entering the _/_/- property from adjacent areas, 5, A permit from the San Bernardino County Flood Control District is required for work within its -1-1- right-of-way, P. Utilities 1, Provide separate utility services to each parcel including sanitary sewerage system, water, gas, -1-1- electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards, Easements shall be provided as required, 2, The developer shall be responsible for the relocation of existing utilities as necessary, _/-1_ 3. Water and sewer plans shall be designed and c~mstructed to meet the requirements of the -1-1- Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects, 4, ApprovalS have not been secured from all utilities and other interested agencies involved, -1-1- Approval of the final parcel map will be subject to any requirements that may be received from them. Q. General Requirements and ApprovalS 1, A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all -1-1- new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2, Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall -1-1- be paid for the Construction and Demolition Diversion Program, The deposit is'fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City, Forrn CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety, Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. ' SC-1-05 10 (pSI Project No. DRC2005-00071 ComDletion Date APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: R. Security Lighting 1, All parking, common, and storage areas shall have minimum maintained 1-foot candle power. , --1--1- These areas should be lighted from sunset to sunrise and on photo sensored cell, 2, All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with --1_/_ direct lighting to be provided by all entryways, Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures, --1--1- S. Security Hardware 1, A secondary locking device shall be installed on all sliding glass doors. --1--1~ 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within --1--1- 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used, 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices, --1--1- 4. All roof openings giving access to the building shall be secured with either iron bars, metal gates, --1--1- or alarmed. T. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted --1--1- from frame or track in any manner. 2, Storefront windows shall be visible to passing pedestrians and traffic, --1--1- 3. Security glazing is recommended on storefront windows to resist window smashes and impede --1--1- entry to burglars, . 4, Security/burglar bars are not recommended, particularly in residences, due to the delay or --1--1- prevention of a speedy evacuation in case of fire. U. Building Numbering 1, Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime --1--1~ visibility, 2. At the entrances of commercial or residential complexes, an illuminated map or directory of --1--1- project shall be erected with vandal-resistant cover. North shall be at the top and so indicated. Sign shall be in compliance with Sign Ordinance, including an application for a Sign Permit and approval by the Planning Department. 3. All developments shall submit an 8 Yz" x 11" sheet with the numbering pattern of all multi-tenant --1--1- developments to the Police Department. V. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed, Instructing management and --1--1- employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives, SC-1-05 11 4S2 "'\ Project No, DRC2005-00071 Comoletion Date 2. Alarm companies shall be provided with the 24-hour Sheriffs dispatch number: (909) 9~1-1488. ---1---1- I APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-1-05 12 ~5'3 Rancho Cucamonga Fire Protection District Fire Construction Services 8T ANDARD CONDITIONS September 8, 200S Church & Haven MFR Subdivision Multi-Family Tentative Tract & Design Review SUBTT1743S & DRC200S..00071 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 1 SO-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The maximum distance between fire hydrants in multi-family residential projects is 400-feet. No portion of the exterior wall shall be located more than 200-feet from an approved fire hydrant. For cul-de-sacs,the distance shall not exceed1S0,;,feet. c. The maximum distance between fire hydrants in single-family residential projects is SOO-feet. No portion of the exterior wall facing the addressed street shall be more than 2S0-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 200-feet. d, ,For single-family residential projects in the designated Hazardous Fire Area, the maximum distance between fire hydrants is 400-feet. No portion of the exterior wall facing the addressed street shall be more than 200-feet from an approved fire hydrant. For cul-de-sacs, the distance sheill not exceed 1S0-feet. e. Fire hydrants are to be located, The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential project from the public roadways, ii. At intersections, iii. On the right side of the street, whenever practical and possible, iv, As required by the Fire Safety Division to meet operational needs of the Fire District. ~5f ',\ iv, As required by the Fire Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (4.0 feet) from any building, f. If any portion of a facility or building is located more than 15.o-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall ,be provided, g. Provide one fire hydrant for each 1.0.0.0 gpm of required fire flow or fraction thereof, FSC-2 Fire Flow 1, The required minimum fire flow for this project, when automatic fire sprinklers are installed is1 ,5.0.0 gallons per minute at a minimum residual pressure of 2D-pounds per square inch, This flow reflects a 5D-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 or 13R with central station monitoring. This requirement is made in accordance with the. California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. ' 2. The required minimum fire flow for structures located in the designated hazardous fire area shall be not less than 1,75.0 gpm at 2D-psi residual. For structures in excess of 36,.0.0.0 square feet use CFC Table A-III-A-1. 3. Public fire hydrants located within a 5DD-foot rad.ius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow, 4, Firewater plans are required for all projects that must extend the existing water supply to or onto the site. Building permits' will not be issued until firewater plans are approved. 5, On all site plans to be submitted for review, show all fire hydrants located within 6D.o-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1, Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans, FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2.0.01 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1, Multifamily structures greater than 7,5.0.0 square feet. 2, Multi-family residential structures in excess of 4 units, 3, All structures that do not meet Fire District access requirements (see Fire Access), 2 ~5~ 4, When required fire flow cannot be provided due to inadequate volume or pressure, 5, When the building access does not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard #F191,1 0,20. 6, When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1, RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) requires an automatic and/or manual fire alarm system, Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code. 2, Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained, Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes, Please reference the RCFPD Fire Department Access - Fire Lanes Standard #F191.1 0,200. 1, Location of Access: All portions of the structures 1 st story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building, Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions, 2, Specifications for private Fire District access roadways per the RCFPD Standards are: \ a. The minimum unobstructed width is 26-feet. b. The maximum inside tum radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches, I, f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side, g, The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%, i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW), 3 ~5/P ',\ j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches frolTl the ground up, Vegetation shall not be allowed to obstruct Fire Department apparatus, 3, Access Doorways: Approved doorways, accessible without the use of a ladder, shaU'be provided in accordance with the 2001 California Building Code, Fire and/or any 'other applicable standards, 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings, 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1, The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS" b. Gates must slide open horizontally or swing inward, c, Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e, Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20,00, f, Motorized gates must open at the rate of one-foot per second, g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction, h, Motorized gates shall be equipped with a Knox override key switch, The switch must be installed outside the gate in a visible and unobstructed location, For motorized gates, a traffic loop device must be installed to allow exiting from the complex, If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation, Bi-directional or multiple sensors may be required due to complexity of the various entry configurations, i. 6, Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes, A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7, Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan, A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review, ' 4 ~6J FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction, Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance, General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property, Compressed Gases Public Assembly Cryogenics LPG or Gas Fuel Vehicles in Assembly Buildings Flammable and Combustible Liquids Welding and Cutting Operations Hazardous Materials Tents, Canopies and/or Air Supported Structures Liquefied Petroleum Gases FSC-11 Hazardous Materials - Submittal to the County of San Bernardino The 'San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards, Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance, The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga, 1, If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 65850,2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility, 2, Any business that operates on rented or leased property which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner, FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted, The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1, Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: 5 ~S8 '\ a, Is located on property which is not under the control of the applicant; or b. Crosses a property line; or c. Is shared by multiple owners; or d, Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, CountY of San Bernardino, To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b, The assessor's parcel numbers of each parcel subject to the agreement. c, A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surface shall be provided, The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances a, Pass through or are located on property not under the control of the applicant; or b, Crosses a property line; or c, Provide service to adjacent properties; or d. Is located on common space under the control of an owner's association; or e, Is shared by multiple owners, Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply, The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation, The agreement shall be recorded within the Recorder's Office, County of San Bernardino, FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 is required prior to the issuance of grading or building permits, 6 ~59 Chronological Summary of RCFPD Standard Conditions ' PRIOR TO ISSUANCE OF BUILDING PERMITS - Please complete the following prior to the issuance of any building permits: 1, Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards, Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site, Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4, The Building & Safety Division and Fire ' Construction Services will perform plan checks and inspections, All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site, Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped, 2, Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD, On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing, Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD, Fire Construction Services must grant a clearance before lumber is dropped, 3, Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-.7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road, 4, Fire Flow: A current fire flow letter from CCWD must be received, The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services, 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino, PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures", PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1, Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers", On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location, 7 ~4,tJ '-, " 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a te,st of the most hydraulically remote on-site fire hydranfs, The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available, ' The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services, 4, Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services, The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power), 5, Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service, 6, Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be'installed, inspected, tested and accepted by Fire Construction Services, 7, Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services, 8, Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction'Services. 9, The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit- parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways, 10, Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background, The numbers shall be internally or externally illuminated during periods of darkness, The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry, 11, Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness, When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance, Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings, The suite designation numbers and/or letters shall be provided on the front and back of all suites, 12. Fuel Modification: Please refer to RCFPD Summary of Fire Hazardous Area requirements, 8 ~~I Doug Fenn, Associate Planner, presented the staff report, He commented that the map portio the project (SUBTT17938) is being re-adverti~ed to allow time to perform an environme udy and to circulate a proposed Negative Declaration of environmental impacts per th ttomey's recommendation, Chairman Stewart opened the public hearing, Chuck McKenna, 19762 MacArthur Boulevard, Irvine d that in the course of the review, they adjusted their design, elevations and footprint of roject and that they are ready for questions, Chairman Stewart closed the public h Commissioner McPhail note this project went through extensive design review and made many changes in the process e said it is attractive. Motion:' Mo Y McPhail, seconded by Macias, to adopt the Resolution of Approval for Developm eview DRC2005-00585, Motion carried by the following vote: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NONE ~ ..... . Commissioner McPhail recused herself stating her employer holds contracts with the applicant. L. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-Q1197- PITASSI ARCHITECTS, INC. ~ A request to Amend The General Plan Land Use Map From Open Space-Flood ControllUtilityCorridor to Mixed Use with a Master Plan designation, amending the Parks And Recreation chapter, and the Flood Hazards chapter, for the development of 9 single-family detached residences, 126 multi-family residential units (14,77 Acres), and 2 office buildings (3,66 Acres) of one and two story design totaling 44,782 square feet on a total net site area of 14,31 acres, located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: Development District Amendment DRC2005-00001, Tentative Tract MapSUBTT17435, Tentative Parcel Map SUBTPM17460, and Design Review DRC2005-00071, Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration, This action will be forwarded to the City Council for final action and the date of the Public Hearing before the City Council will be separately noticed. Re-advertised from March 22, 2006. ' , , M, DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001- PIT ASSI ARCHITECTS, INC.-A request to change the Development District Map from Flood Control to Mixed Use on property on a total net site area of 14,31 acres, located on the south side of Church Street between Center Avenue and Haven Avenue -APN: 1077-401-35 and 36. Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Tentative Tract Map SUBTT17435, Tentative Parcel Map SUBTPM17460 and Design Review DRC2004-00071. This action will be forwarded to the City Council for final action and the date of the Public Hearing before the City Council will be separately noticed, Re-advertised from March 22, 2006~ N, ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT17435 - PITASSI ARCHITECTS, INC, -A requestto subdivide 14.77 gross acres of land into 10 numbered lots, and two lettered lots, for the sale of 135 residential condominium units in the Flood Control District (Mixed Use District proposed), located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Development District Planning Commission Minutes ,EXHIBIT B' -8- April 12,2006 ~1t2 Amendment DRC2005-00001, Tentative Parcel Map SUBTPM17460, and Design Review DRC2004-00071, Re-advertised from March 22, 2006. 0, ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM17460 - PIT ASSI ARCHITECTS, INC, - A request to subdivide 3,36 net acres of land into 3 numbered lots for the sale of 2 office condominium units in the Flood Control District (Mixed Use District proposed) located at the southwest corner of Church Street between Center AvenIJe and HaveriAvenue _ APN: 1077-401-35, Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Development District Amendment DRC2005-00001, Tentative Tract Map SUBTT17435, and Design Review DRC2004-00071. Re-advertised from March 22, 2006, p, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-00071 - PIT ASSI ARCHITECTS, INC, - A request to develop a Mixed Use project comprised of 2 office buildings totaling 44,782 square feet and 126 residential attached Condominium Units and 9 single-family detached units, on a total net site area of 14,31 acres, located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36, Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Development District Amendment DRC2005-00001 Tentative Tract Map SUBTT -17 435, and Tentative Parcel Map SUBTPM17460, Re-advertised from March 22, 2006. . Larry Henderson, Principal Planner, gave the staff report noting that correspondence was received from Jonathon Ausubel regarding the project and is included with the staff report, The letter expresses concern regarding traffic on Church Street and about the safety of the intersection of Cartilla and Church Street. Chairman Stewart noted the concerns have been addressed with the installation of a new traffic signal at Church Street and Center Avenue, Commissioner Munoz asked if the floating park requirement shown in the General Plan still applies to the property, Mr, Henderson said the park element still remains, and only the text is being changed to show that the park space is no longer available, Pete Pitassi, 8439 White Oak Avenue, stated he is the applicant. He noted that representatives were present from KB Home, Diversified Pacific and KC Engineers, He. clarified that the improvements on Church Street will be installed on the north side of the street that will extend from Haven Avenue and Hermosa, He said they concur with the conditions of approval and that they have proceeded to apply for and have obtained many of their clearances, Chairman Stewart opened the public hearing, Seeing and hearing no comment, she closed- the public hearing, Commissioner Fletcher commented that the project is attractive and that it is a good addition to the area, He remarked that additional condo units will add more affordable housing that is needed. Chairman Stewart said that she is not strongly in favor of multiple story housing in that particular area but it is a project that evolved into a very nice project and the infrastructure requirements will help the traffic situation, Motion: Moved by Munoz, seconded by Fletcher, to adopt the Resolutions Recommending Approval for General Plan Amendment DRC2004-001197 and Development District Amendment DRC2005-0001 and the adoption of a Mitigated Negative Declaration of environmental impacts to Planning Commission Minutes -9- Apri112,2006 ~~3 , ~ ,(" be forwarded to the City Council for final action in addition to approving Tentative Tract Map SUBTT17435, Tentative Parcel Map SUBTPM,17460 and Development Review DRC2005-00071.. Motion carried by the following vote:. I AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: NONE ABSTAIN: McPHAIL - carried The Planning Commission broke for a short recess at 8:30 p,m. Commissioner McPhail then recused herself from Items Q, R, S, T, U, and V because her employer holds contracts with the applicant. Q. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-003 CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to all the development of land that contains a 30 percent slope within a mixed use,area within area 1 of the Foothill Districts, located on the north side of Foothill Boulevard, betwe Red Hill Country Club Drive and the Southem Pacific Road RightWay~APN: 0207-101- ,01 and 34, Related Files: Development Code Amendment DRC2004-00352, Tentative Tr SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01 061, Minor D elopment Review DRC2004-00826 and Tree Removal Permit DRC2004-00082, Staff has epared a Mitigated Negative Declaration of environmental impacts for consideration, This tion will be forwarded to the City Council for final action and the date of the Public Hearing ore City Council will be separately noticed, **** R. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT C E AMENDMENT DRC2004- 00352 _ CHARLES JOSEPH ASSOCIATES - An application amend the Development Code to allow the development of the land that contains a 30 per nt slope within a mixed-use area within Subarea 1 of the Foothill Districts, located on t ,north side of Foothill Boulevard" ' between Red Hill Country Club Drive and the Souther acific Rail Road Right of Way - APN: 0207-101-13,01 and 34; Related Files: General Pia mendment DRC2004-00339, Tentative Tract SUBTT16605, Development Review DRC20 -00637, Variance DRC2005-01 061, Minor Development ReviewDRC2004-00826, and Tre emoval Permit DRC2004-00082, Staff has prepared a Mitigated Negative Declaration of vironmental impacts for consideration, This action will be forwarded to the City Council final action and the date of the Public Hearing before City Council will be separately noti d. S, ENVIRONMENTAL ASSESSMENT D TENTATIVE TRACT SUBTT16605- CHARLES JOSEPH ASSOCIA TES- A reside I subdivision of 8 lots for condominium purposes on 21 acres of land in the western Foo I Corridor Mixed Use area within Subarea 1 of the Foothill Districts, located on the north ' e of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Ra' oad RightWay-APN: 0207-101-13, 01 and 34. Related Files: Development Code Amen ent DRC2004-00352, General Plan Amendment DRC2004-00339, Development Review D 2003-00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, an ree Removal Permit DRC2004-00082, Staff has prepared a Mitigated Negative Declarati of environmental impacts for consideration. T, ENVIRONME AL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00637 - CHARLES SEPH ASSOCIATES - The design review of building elevations and detailed site plan for condominiums on 21 acres of land in the western Foothill Boulevard Mixed Use Corrid area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Bou ard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right Way - Planning Commission Minutes -10- April 12, 2006 "(p '-/ City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: General Plan Amendment DRC2004-01197; Development District Amendment DRC2005-00001; Tentative Tract Map SUBTT17435; Development Review DRC2005-00071, and SUBTPM17460. Public Review Period Closes: June 7, 2006 Project Name: Project Applicant: Pitassi Architects, Inc. Project Location (also see attached map): Located on the south side of Church Street between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Project Description: To Amend The General Plan Land Use Map From Open Space-Flood Control/Utility Corridor to Mixed Use with a Master Plan designation, amending the Parks And Recreation chapter, and the Flood Hazards chapter, for the development of 9 single-family detached residences, 126 multi-family residential units (14,77 Acres), and 2 office buildings (3,66 Acres) of one and two story design totaling 44,782 square feet on a total net site area of 14,31 acres, located on the south side of Church Street, between Center Avenue and Haven Avenue. The project also includes an amendment to the Development District map changing the Flood Control zoning designation to Mixed Use as well as a request to subdivide the 14.77 gross acres of land into 10 numbered lots, and two lettered lots, for the sale of the residential condominium units and for the development review of those units and single family residences, FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required, The factual and analytical basis for this finding is included in the attached Initial Study, The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847, NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period, June 7. 2006 Date of Determination Adopted By (,(p5 'I" DRAFT RESOLUTION NO, tJ6 - / 7 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-01197, CHANGING THE GENERAL PLAN LAND USE MAP FROM OPEN SPACE-FLOOD CONTROUUTILlTY CORRIDOR TO MIXED USE, WITH A MASTER PLAN DESIGNATION, AMENDING THE PARKS AND RECREATION CHAPTER, AND THE FLOOD HAZARDS CHAPTER FOR 14,77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET, BETWEEN CENTER AVENUE AND HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077- 401-35 AND 36, A, Recitals, 1. Pitassi Architects, Inc, filed an application for General Plan Amendment DRC2004-01197 as described in the title of this Resolution, Hereinafter-in this Resolution, the subject General Plan Amendment is referred to as "the application," 2. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and adopted Planning Commission Resolution No. 06-20 recommending approval by the City Council. 3, On June 7, 2006, the City Council conducted a duly noticed public hearing on the application and concluded said hearing on that day, 4. All legal prerequisites prior to the adoption of this Resolution have occurred, B. Resolution, NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1, This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2, Based upon the substantial evidence presented to this Council during the above- referenced public hearing on June 7, 2006, including written and oral staff reports, together with , public testimony, this Council hereby specifically finds as follows: a, The application applies to approximately 14,77 acres of land, basically a rectangular configuration located on the south side of Church Street, between Haven Avenue and Center Avenue and is presently vacant, undeveloped, and was previously used as a Flood Control Detention Basin, Said property is currently designated as Open Space-Flood Control/Utility Corridor; and b, The property to the north of the subject site is designated Low Density Residential and is developed single-family residential; the property to the west is designated Low Density Residential and is developed single-family residential; the property to the east is designated Office Space and is vacant; and, the property to the south is designated Industrial Park and is Office and Institutional (CVWD Equipment Maintenance Yard) Industrial Park, ~,,?-' CITY COUNCIL DRAFT RESOLUTION NO, **** GENERAL PLAN AMENDMENT DRC2004-01197 - CITY OF RANCHO CUCAMONGA June 7, 2006 Page 2 c, This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with the related development; and d, This amendment does promote the goals and objectives of the Land Use Element; and e, This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties, 3, Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with the existing land use in the surrounding area; and b, That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties; and c, That the proposed amendment is in conformance with the General Plan. 4, Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a, That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application, b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed in the Monitoring Program attached and incorporated herein by this reference, c, Pursuant to the provisions of Section 753,5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends, Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753,5(c-1-d) of Title 14 of the California Code of Regulations, (pt,1 CITY COUNCIL DRAFT RESOLUTION NO, **** GENERAL PLAN AMENDMENT DRC2004-01197 - CITY OF RANCHO CUCAMONGA June 7, 2006 Page 3 5, Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves General Plan Amendment DRC2004-01197, including Exhibits A, B and C and in accordance with the condition listed below: Plannina Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action, The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition, Environmental Mitiaation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions, Contractor shall ensure that all construction equipment is being properly serviced and' maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification, 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use, Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff, 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113, Paints and coatings shall be applied either by hand or high volume, low-pressure spray, 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108, 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: . Reestablish ground cover on the construction site through seeding and watering, . Pave or apply gravel to anyon-site haul roads. ~~g CITY COUNCIL DRAFT RESOLUTION NO. **** GENERAL PLAN AMENDMENT DRC2004-01197 - CITY OF RANCHO CUCAMONGA June 7, 2006 Page 4 . Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time, . Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods, . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices, . Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling, Timing may vary depend-ing upon time of year of construction, . Suspend grading operations during high winds (Le" wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. . Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means, 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403, 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions, 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible, 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (Le" in excess of 1 0 minutes), 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas, 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible, ~~9 CITY COUNCIL DRAFT RESOLUTION NO, **** GENERAL PLAN AMENDMENT DRC2004-01197 - CITY OF RANCHO CUCAMONGA June 7,2006 Page 5 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping, Biological Resources 1) Prior to the commencement of project grading, the project applicant shall submit evidence to the City that all permit requirements mandated by the U,S, Army Corps of Engineers, the California Department of Fish and Game, and/or the Regional Water Quality Control Board, Santa Ana Region, have been satisfied, Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction, 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site dU,ring such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions, Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading, This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to {g1/J CITY COUNCIL DRAFT RESOLUTION NO. **** GENERAL PLAN AMENDMENT DRC2004-01197 - CITY OF RANCHO CUCAMONGA June 7, 2006 Page 6 minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site, Post-Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth, Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits, 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board, Evidence that this has been obtained (Le" a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. t,.7/ CITY COUNCIL DRAFT RESOLUTION NO, **** GENERAL PLAN AMENDMENT DRC2004-01197 - CITY OF RANCHO CUCAMONGA June 7, 2006 Page 7 Noise 1) Construction or grading shall not take place between the hours of 8:00 p,m, and 6:30 a,m, on weekdays, including Saturday, or at any time on Sunday or a national holiday, 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17 ,02.120-D, as measured at the property line, Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17,02.120, Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately, notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted, 3) The perimeter block wall shall be constructed as early as possible in the first phase, 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m, and 6:30 a,m, on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings, Operational Noise 5) Minimum sound wall height required for a ground-floor backyard/patio is 8 feet for the following buildings along Church Street: Buildings 1 , 2, 3, 4, 20 and 21, 6) A 5-foot sound wall is recommended for balconies associated with the following buildings along Church Street that are directly exposed to Church Street traffic: Buildings 1, 2, 3, 4, 20 and 21, Balconies outside of 500 feet from the Church Street centerline or those that are blocked by the intervening structures (including those on the sides of the building facing away from Church Street) do not need balcony walls. 7) Bedrooms in Buildings 1, 2, 3, 4, 20, and 21 that are within 382 feet of the Church Street centerline and directly exposed to traffic require a mechanical ventilation system, such as an air-conditioning system, 8) Bedrooms in Buildings 4 through 7 that are within 792 feet of the Haven Avenue centerline and directly exposed to the traffic require a mechanical ventilation system, such as an air-conditioning system, 6. The Secretary to this Council shall certify to the adoption of this Resolution, ~1h '\ DRAFT ORDINANCE NO, 7iP3 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 TO AMEND THE DEVELOPMENT DISTRICT MAP FROM FLOOD CONTROL TO MIXED USE FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN HAVEN AVENUE AND CENTER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-35 AND 36, A, Recitals, 1. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development District Amendment DRC2005-00001 and, following the conclusion thereof, adopted its Resolution No, 06-21, recommending that the City Council of the City of Rancho Cucamonga adopt said Draft Ordinance 2, On June 7, 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on Development District Amendment DRC2005-00001, 3, All legal prerequisites prior to the adoption of this Ordinance have occurred, B. Ordinance, The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on June 7, 2006, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a, The application applies to approximately 14,77 acres of land, basically a rectangular configuration located on the south side of Church Street, between Haven Avenue and Center Avenue and is presently vacant, undeveloped, and was previously used as a Flood Control Detention Basin, Said property is currently designated as Open Space-Flood Control/Utility Corridor; and b, The property to the north of the subject site is designated Low Density Residential and is developed single-family residential; the property to the west is designated Low Density Residential and is developed single-family residential; the property to the east is designated Office Space and is vacant; and the property to the south is designated Industrial Park and is Office and Institutional (CVWD Equipment Maintenance Yard) Industrial Park, c, This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and {,13 CITY COUNCIL DRAFT ORDINANCE NO, DEVELOPMENT DISTRICT AMENDMENT - DRC2005-00001 June 7, 2006 Page 2 d. This amendment does promote the goals and objectives of the Land Use Element; and e, This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties; and SECTION 3: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a, That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated there under; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information c~>ntained in said Mitigated Negative Declaration with regard to the application, b, Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed in the Mitigation Monitoring Program, c, Pursuant to the provisions of Section 753,5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends, Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753,5( c-1-d) of Title 14 of the California Code of Regulations. SECTION 4: The Development Districts Map is hereby amended to change from Flood Control to mixed use for 14,77 acres of land, located on the south side of Church Street between Haven Avenue and Center Avenue, in words and figures, as shown in the attached Exhibit "A and B" and in accordance with the condition shown below: Planninq Department 1) ,The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any (P'7Y '\ CITY COUNCIL DRAFT ORDINANCE NO. DEVELOPMENT DISTRICT AMENDMENT -,DRC2005-00001 June 7,2006 Page 2 Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action, The City may, at its sole discretion, participate at its own expense in the, defense of any such action but such participation shall not relieve applicant of his obligations under this condition, SECTION 5: If any section, subsection, sentence, clause, phrase, or word' of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that anyone or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at .least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California, 4>7.5 UCAMONGA eNGINEERING DEPARTMENT Staff Report DATE: TO: FROM: BY: SUBJECT: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Michael TenEyck, Administrative Resources Manager A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RECOMMENDATION: The City Council adopts a Resolution amending the existing electric rates, fees and charges pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code, BACKGROUND/ANALYSIS: The City Council of the City of Rancho Cucamonga established a municipal utility on August 31, 2001, The City has subsequently undertaken the actions necessary or desirable to obtain electric power from energy suppliers and construct the necessary facilities to distribute the acquired electric power to retail customers within the City, The City Council has determined that the adoption of Electric Service Rules and Regulations is necessary to further the orderly distribution of the electric power to the City's retail customers, On April 14, 2006, Southern California Edison (SCE) has part of their recent rate change modified their electric rates between 0,01272& 0.03897 cents per Kilowatt Hour over last summers rates, The change in Rancho Cucamonga Municipal Utility Electric Service Rates is to maintain parity with (SCE) Electric Service Rates. The City Council has subsequently adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code establishing Electricity Service Rules and Regulations and authorizing, that the rates, fees and charges, may be amended from time to time by resolution. 610 CITY COUNCIL STAFF REPORT ___~ ___ -ADOP-'-ION OF A RESOLUTION ADOPTING-RA"FES,--F-EES ANeCHARGES PURSUANT TO THE -- __u --~- REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TILE 3 00 THE RANCHO CUCAMONGA MUNICIPAL CODE JUNE 7, 2006 PAGE 2 The City has provided the required notification to the public by publishing notice of this hearing on May 23, 2006, and May 30, 2006, in the Inland Valley Daily Bulletin, a local newspaper of general circulation, and posting notice in at least two separate locations within the City, The proposed revised rates have been available for public review in the City Clerk's Office since the advertisements and resolution were first published on May 23, 2006. The City Council has assured itself that the amended rates fees and charges reflect the' City's reasonable and prudent costs for such an enterprise and do not establish unfair, unreasonable or excessive rates that exceed the City's reasonable costs of doing business. Respectfully Submitted, Got(;t,/(pif Williai J, O'Neil City Engineer WJO:MT Attachment '77 RESOLUTION NO. (){P -/7,2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. (i) The City Council of the City of Rancho Cucamonga has previously adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code establishing Electricity Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly or indirectly, under said legislation be adopted pursuant to resolution, and thereafter, be am~nded from time to time by resolution, (ii) City staff has prepared a comprehensive schedule of the rates, fees and charges that reflect the reasonable and prudent costs relating to the acquisition and distribution of electric power to retail customers and are recommending that the City Council adopt the recommended fees, These rates do not present the City an opportunity to achieve profits or to impose charges in excess of the costs reasonably related to the development, maintenance and expansion of a municipal electric distribution system. The City Council has directed City staff to regularly review the operations ofthe City's electric utility to ensure that the rates are sufficient to cover all prudent business costs, reserves and capital equipment acquisition but not exceeding the amount necessary for the same. The rates, fees and charges reflect the reasonable costs to the City system only and do not reflect any excess rates, fees, or charges that are in excess of the reasonable costs of providing the electrical services as set forth hereinafter, (iii) The City Council has reviewed the adoption of this Resolution pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the adoption of the Electric Rules and Regulations has no foreseeable potential to a result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section l506l(b)(3). Further, the City Council has 1123 I-ODD I \807726v l.doc ~ 19- determined that the adoption of the fees is exempt from substantive environmental review under Section 15273 of the State CEQA Guidelines as no capital projects for system expansion are included in the proposed action, (iv) All legal prerequisites to the adoption of this Resolution have occurred, B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: Section 1. correct. The facts set forth in the Recitals, Part A of this Resolution, are true and Section 2. The rates, fees and charges assessed under Chapter 3.46 of Title 3 shall be as set forth on Attachment 1 hereto and incorporated by reference as if fully set forth herein, Section 3. The City Clerk shall certify to the adoption of this Resolution. , 2006. PASSED AND ADOPTED this _ day of Mayor I, Debra Adams, City Clerk, City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the _ day of , 2006, by the following vote: AYES: NOES: ABSENT: ABSTAINED: 11231-0001\807726vl.doc COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: City Clerk, City of Rancho Cucamonga 2 ~1r CITY OF RANCHO CUCAMONGA NOTICE OF PUBLIC HEARING AMENDING OF RATES AND CHARGES FOR ELECTRIC DISTRIBUTION AND SERVICE COSTS AND RELATED ACTIONS - PLEASE TAKE NOTICE that the City Council of the City of Rancho Cucamonga will conduct a public hearing on Wednesday, June 07, 2006 at 7:00 p,m, or as soon thereafter as it may be heard, to consider the adoption of the proposed resolution entitled "A Resolution Of The City Council Of The City Of Rancho Cucamonga Amending Electric Rates, Fees And Charges Pursuant To The Requirements And Authority Of Chapter 3.46 Of Title 3 Of The Rancho Cucamonga Municipal Code II attached hereto as Attachment 1, The public hearing shall be held in the Council Chambers of the City of Rancho Cucamonga located in Rancho Cucamonga City Hall, which is addressed as 10500 Civic Center Drive, Rancho Cucamonga, California 91730,Every interested person is invited to attend the public hearing, including all land owners within the City, and address the City Council in regards to the matters set forth in the proposed ordinance in regards to the charges for services and electric service, including, but not limited to whether the proposed rates and charges are discriminatory, excessive, insufficient under California Government Code Section 54515, will be noncompliant with the Revenue Bond Law of 1941 or on any matter relating to the proposed ordinance or the rates or charges proposed therein.lAnyone having concerns or questions regarding this hearing may contact the Engineering Division at (909) 477-2740, or visit City Offices at 10500 Civic Center Drive, Monday through Thursday from 7:00 a,m. to 6:00 p,m.lPublish: Tuesday, May 23, 2006 and Wednesday, May 30, 2006. 11236-0001\792725vl.doc c,. ~ j) Staff Report DATE: TO: FROM: BY: SUBJECT: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager Lawrence 1. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting an annual benefit assessment levy for the maintenance and/or servicing of a drainage channel within Drainage Area No, 91-2 (Day Canyon Drainage Basin), There is no increase from the current tax rate for fiscal year 2006/2007, BACKGROUND/ANALYSIS On November 6, 1991, City Council adopted Resolution No, 91-331 for the annual levy of benefit assessments for the maintenance and/or servicing of a 27+ acre-foot de silting basin and a 1,460+ linear foot concrete drainage channel within Drainage Area No, 91-2, Day Canyon Drainage Basin area, Drainage Area No. 91-2 was a developer-initiated district. Protection of the properties from the overland flows was necessary in order to receive development rights from the City, The costs associated with the maintenance of this district are passed onto the property owners, as they receive special and direct benefit that is distinguishable from the other property owners that are outside the boundary, There are 351 single-family homes within this boundary that receive this benefit. The total annual cost for maintenance is thirty-two thousand, three hundred and fifty:- one dollars and sixty-seven cents ($32,351,67) for a total cost to each home of ninety-two dollars and seventeen cents ($92,17) (, g'1 CITY COUNCIL STAFF REPORT DRAINAGE AREA NO, 91-2 (DAY CANYON DRAINAGE BASIN) June 7, 2006 Page 2 Respectfully submitted, L~n~e ~mPle Administrative Services Director Attachments: Resolution Annual Supplement to Final Engineer's Report Map - 2 - 6<tl RESOLUTION NO. 0 it, - /13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO, 91-2 FOR FISCAL YEAR 2006-2007 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, previously undertook proceedings to authorize the levy and imposition of benefit assessments to pay for the annual drainage maintenance, including the removal of sediment and debris from the Day Canyon Channel improvements and basin, pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California (commencing with Section 54703), said area of benefit being known and designated as DRAINAGE AREA NO, 91-2 (the "Drainage Area"); and WHEREAS, at this time there has been presented to this City Council a Supplemental Report (the "Supplemental Report") to the Final Engineer's Report Drainage Area No, 91-2 City of Rancho Cucamonga setting forth a description of the proposed service, cost estimate and assessment schedule for fiscal year 2006-2007 (the "Final Engineer's Report"); and WHEREAS, at this time this City Council desires to determine the cost of providing authorized services to be financed by the levy of a benefit assessment for fiscal year 2006-2007 and to determine and impose such benefit assessment. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the Supplemental Report is hereby approved and ordered to be kept on file in the Office of the City Clerk as a permanent record and to remain open for public inspection, Said Supplemental Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived through the levy and collection of the benefit assessment; B. to the benefit assessment; C, A description of each lot or parcel of property proposed to be subject The amount of the proposed assessment for each parcel. ~~3 Resolution No, ~~-/'1~ Page 2 SECTION 3: That the rate and method of apportionment of the benefit assessment as set forth in the Final Engineer's Report is hereby adopted and has been utilized as the rate and method of apportionment of the benefit assessment to be levied in fiscal year 2006-2007, SECTION 4: That this City Council hereby determines and orders that the benefit assessments described in the Supplemental Report within the Drainage Area are hereby confirmed and levied for fiscal year 2006-2007, SECTION 5: That the above confirmed and levied benefit assessment for fiscal year 2006- 2007 shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for the collection and enforcement of such County taxes shall be applicable to the collection and enforcement of these benefit assessments, PASSED, APPROVED, and ADOPTED day of June 2006, AYES: NOES: ABSENT: ABSTAINED: William J, Alexander, Mayor ATTEST: Debra J, Adams, CMC, City Clerk I, DEBRA J, ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006, Executed this day of June 2006 at Rancho Cucamonga, California, Debra J, Adams, CMC, City Clerk ~8if ANNUAL SUPPLEMENT TO ' FINAL ENGINEER'S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA William J, Alexander, Mayor Diane Williams, Mayor Pro Tern Rex Gutierrez, Councilmernber L. Dennis Michael, Councilrnernber Sam Spagnolo, Councilrnernber Jack Lam, AICP, City Manager Debra Adams, City Clerk Joe O'Neil, City Engineer JUNE 2006 bgS Resolution No, d t, -1'18 Page 4 ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA TABLE OF CONTENTS Engineer's Report Exhibit A - Description of Service Exhibit B - Cost Estimate Exhibit C - Assessment Schedule Map 6 <t~ Resolution No, ~ t, -/1.:3 Page 5 AGENCY: CITY OF RANCHO CUCAMONGA PROJECT: DRAINAGE AREA NO, 91-2 TO: CITY COUNCIL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT PURSUANT TO BENEFIT ASSESSMENT ACT OF 1982 This Annual Supplement to the Final Engineer's Report (the "Annual Supplement") for City of Rancho Cucamonga Drainage Area No, 91-2 is hereby submitted consisting of the following documents, pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, This Annual Supplement is applicable for the ensuing 12-month period, being the fiscal year commencing July 1,2006 to June 30, 2007, 1. DESCRIPTION OF SERVICE (Exhibit "A"): A description of the service proposed to be financed through revenue derived from the levy and collection of the annual benefit assessment. 2, COST ESTIMATE (Exhibit "B"): A listing of all costs and expenses for the next fiscal year, including incidental expenses, 3, BENEFIT ASSESSMENT SCHEDULE (Exhibit "C"): The annual assessment schedule, setting forth the following: A. Annual Benefit Assessment: The amount of the proposed benefit assessment for each parcel. B, Description of Parcel: A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Assessor's parcel number, bct1 Resolution No, tJt -11~ Page 6 No benefit assessments shall be imposed or levied upon land owned by a Federal or State governmental agency and/or any other local agency, Any utility property and right-of-way shall be subject to assessment only to the extent that it is specifically benefited from the proposed services, Reference is made the Final Engineer's Report as incorporated in Resolution No. 91-331 for a description of the boundaries of the Drainage Area and each parcel therein and for the method of spreading the benefit assessment, Executed this day of June 2006, at Rancho Cucamonga, California, CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA By: Final approval, confirmation, and levy of the annual benefit assessment and all matters in the Annual Supplement was made on the day of June 2006, by adoption of Resolution No, by the City Council. CITY CLERK CITY OF RANCHO CUCAMONGA ST ATE OF CALIFORNIA A copy of said Assessment Roll and Engineer's Report was filed in the Office of the City Engineer and the City Clerk on the day of June 2006, CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA t, <88 Resolution No, (}t, ,../13 Page 7 EXHIBIT A DESCRIPTION OF SERVICE The properties within Drainage Area No, 91-2 are located within the boundaries ofthe Day Canyon Drainage Basin area, Protection ofthe properties within the district from overland flows requires the construction of a 27+ acre-foot desilting basin and a 1,460+ linear foot concrete drainage channel. The channel improvements will intercept the overland flows prior to reaching the properties and carry the storm water runoff, sediment, trash, organic material, and related debris to a desilting basin, Each year the sediment, trash, organic material, and other related debris that accumulates in the de silting basin and channel must be removed and transported to an approved spoils site, The services proposed to be financed from the revenue derived from the levy and collections of the annual benefit assessment are as follows: A. Monthly on-site inspections of the desilting basin and channel. B, Bi-monthly weed abatement program for the desilting basin and channel. C, Removal of accumulated sediment, trash, organic material, and other related debris from the desilting basin and channel to an approved spoils site, This service is expected to be provided annually, During times of excessive rainfall, this service may be required more frequently, (;,~1 A, Cost of Annual Maintenance Desilting Basin Channel Subtotal B, Incidental Expenses City Administration Subtotal C, Total Annual Costs D, Contribution E, Balance to Assessment Resolution No, ~b -(13 Page 8 EXHIBIT B COST ESTIMATE FISCAL YEAR 2006-2007 $22,500 $ 6.732 $29,232 $ 3.120 $ 3.120 $32,352 $0 $32,260 foqo Resolution No, t1& -/13 Page 9 EXHIBIT C ASSESSMENT SCHEDULE WHEREAS, this City Council has previously, pursuant to the terms and provisions ofthe "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, formed Drainage Area No, 91-2 all in accordance with the provisions of said Act; and, WHEREAS, the Annual Supplement for Fiscal Year 2006-2007 consisting of certain documentation (including the amount of the proposed assessment for each parcel, a description ofthe parcel and a description of the service proposed to be provided) has now been prepared, NOW, THEREFORE, the City Engineer, by virtue ofthe power vested pursuant to said Act and by order of the legislative body, hereby makes and recommends the following benefit assessment to cover the costs and expenses of the service proposed to be financed through the levy of assessments and revenue derived for the fiscal year 2006-2007, Said costs and expenses are generally as follows: Cost of Maintenance Cost of Improvements Incidental Expenses Total Costs Contribution/Surplus Balance to Assessment $29,232 $ 0 $ 3,120 $32,352 $ 0 $32,352 I do hereby assess and apportion the total amount of the costs and expenses upon the several parcels ofland within the area of benefit in proportion to the estimated benefits received, and hereby further state as follows: A. The amount of benefit assessment imposed is specifically related to the benefit of the parcel, which will be derived from the provision of the service to be provided, B, The annual aggregate amount of the total benefit assessment does not exceed the estimated annual cost of providing the service, C. The revenue derived from the benefit assessment shall not be used to pay for the cost of any service other than the service for which the benefit assessment was levied, '1/ ResolutionNo, tJ~-/13 Page 10 The assessment parcels herein refer to the County Assessment Roll for a description of the lots or parcels, and said Roll shall govern for all details concerning the description of the lots or parcels, The net amount to be assessed upon the lands has been spread and apportioned by formula as set forth in the Final Engineer's Report in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the maintenance works of improvement, In the opinion of the undersigned, the benefit assessments have been spread and apportioned in accordance with the benefits to be received from the proposed work and services, Dated: ASSESSMENT NUMBER 0225-451-01 to 35 0225-451-39 to 46, 49,50,53 0225-451-55 to 62, 64 0225-462-01 to 07 0225-462-12 to 17 0225-463-03, 06 to 33 0225-464-01 to 04, 06, 07 0225-464-19 to 30 0225-471-01 to 58 0225-481-01 to 42 0225-491-01 to 19 0225-561-01 to 34 0225-571-01 to 35 0225-581-01 to 38 0225-681-01 to 03 0225-681-05 to 11 Total CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA PROPERTY DESCRIPTION 351 Residential Parcels AMOUNT OF ASSESSMENT $32,352,00 $32,352.00 ~12. ~ &:2~ ~t!~~~i5>~i 1i2~~h~i!.33H"h "g.~~~~~o:n~8~!T1il o ~ a-.cg g.a. III (f::l::J SI.'''' g a. a~g~~!&.~g-'O.gigJS~ ~,-!i~- ~,!I,m ~. -, "liT ~1':'~iS.5.~g~ t~ a~il>> ~ =~~~l>1l" ilm il. g~~ii~'~!~~~~~~1C d ~~ iif- ca~-'!l.~ '8-=,~Sgg~i!.~i.\1~~iil'{l ::J!jJ;i~Q,i~i!'8~~~if ~~ ~ g~;;;;n.:n~:? 3-800 5' ~~!l~n~~HII~d ;! ~.G oI9~ ~U~ R ~~~ g Ill:) fIl !:f'<'< -'(11 I'd ;:Jq~ g'ag~ ~~S.a5Q!:lS.cg~ m g'-~ ha~&'i ~e~ iil'~ [ < =0 - :::::J it 3 l!:::::J Iii ~,R "oi!.a<+m!tm,m!}1lSC 1iT2~_ .~1l6~a~~o~~ ii'~m.g~~$p'!-<mfip~-, "~sjl,iil'h~~hmiU ~.i ~ I: ~= g~~~~ ~~ fA ~ ? 8"<< s.OS,(Il 01'< (1),< (D1lIl>> 15" ~ ::T Hellman AvC/) '1'_- Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av Etiwanda Av ~ ::T C/) - 00 :T C/) Grove Av- Vineyard A g? ~ ,./ ~. .' i i East Av i________ 0 0 rv 1(> r- 01 CD ~e CC CD ~ () ~ ~ c.. 0 r ~ (0 3' ~ I ;::;: N fIl ~ 0. CD 0 )> a =E 22 )> .., a =E 22 'TI o o ~ tD <" c. ., .-.-.... -... ~ ~.!_. tD III CI> (I) C. ::::l (I) :;u 0- j ."...,.... .,.... 'TI o o ~ tD <" c. 'tD III ::::l '< Q) ::::l en .-.-.-- -.' ~ ,." ::T ,. C/) .'" -,., ~ iii a: (I) :;u .-.--'--.-.-, i .-....,. ! r-.-.-.. i i i ICarnelian 8t i i i i iHellman Av I i i !Archibald Av i i iHermosa Av I i i . Haven Av i i i i i !Milliken Av -.-.-.-.-.-.-... i ._.; Rochester Av OJ (I) ::1 (I) ::!! ...... :b (I) (I) (I) (I) (I) 3 (I) ::1 ...... t:J -. (I) ;t -. (') ...... CO "'"'" . t\) i ~._._._._~_._._._._.-1 Av .' i i \ .---.-.-.-.-...: '13 Staff Report DATE: TO: FROM: BY: SUBJECf: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1, MASI PLAZA, AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution authorizing an annual levy for the costs incurred in the collection of assessments within Assessment District No. 93-1, Masi Plaza, at the southwest comer of Rochester Avenue and Foothill Boulevard and Reassessment District No, 1999-1. There is no increase to the current rate for fiscal year 2006/2007, BACKGROUND/ANALYSIS Section 8682 of the Government Code authorizes cities to collect an annual assessment fee of a maximum of five percent (5%) of the amount of installments and not to exceed sixteen dollars per parcel assessment for costs incurred in the administration and assessment collection, The requested fee will allow the City to recover funds for collection and management of assessment districts that are applicable to the Improvement Bond Act of 1915, t,9lf CITY COUNCIL STAFF REPORT ANNUAL LEVY June 7, 2006 Page 2 Rancho Cucamonga's comprehensive management program including record keeping, cost management, payoff calculations, monthly financial reports, debt service schedules, as well as providing information to the public are funded from this fee, This fee is in place now to pay for administration and will allow the City to maintain the current rate and level of service. Respectfully submitted, d';) Lawrence 1. Temple Administrative Services Director Attachment: Resolution Map - 2 - IoljS RESOLUTION NO. () to - /1 L/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, has heretofore undertaken proceedings pursuant to the "Municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code ofthe State of California, and has confirmed assessments upon land within various special assessment districts (hereinafter collectively referred to as the "Assessment Districts"); and WHEREAS, said proceedings provided for and the City did subsequently issue bonds pursuant to the "Improvement Bond Act of 1915", being Division 1 0 of the Streets and Highways Code of the State of California, said bonds representing unpaid assessments within the Assessment Districts; and WHEREAS, the City does incur necessary administrative expenses in the collection of the annual installments of the assessment within the Assessment Districts; and WHEREAS, Government Code Section 8682 does authorize the City to establish an assessment surcharge to allow the City to recover its expenses of collection of said assessments; and WHEREAS, the City desires to establish such an assessment surcharge as authorized by said Government Code Section 8682, NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: Treasurer is hereby directed to add to the annual installment of assessments within the Assessment Districts a maximum of five percent (5%) of the amount of the installments and of the interest thereon, not to exceed the Treasurer's estimate of the expenses of collection, Said expenses of collection shall include the necessary administrative expenses of the City incurred in providing the County Auditor with current information regarding the ownership or division of the affected lots or parcels of land within the Assessment Districts to ensure the proper entry by the County Auditor in his or her assessment roll and the timely collection of the Assessment installments, t,q/p Resolution No, /)6-/1'/ Page 2 SECTION 3: The above assessment surcharge, when collected, shall belong to the City and shall cover the expenses and compensation of the Treasurer incurred in the collection of the assessments, and of the interest and penalties added on to the assessments, PASSED, APPROVED, and ADOPTED this _ day of June 2006, AYES: NOES: ABSENT: ABSTAINED: William J, Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J, ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the _ day of June 2006, Executed this day of June 2006, at Rancho Cucamonga, California, fo'q1 ~&~~i[i~~~~~~~i 1ii~~ilhol?33Hli'~~ .g~'~il~5"~g.~8~gll ~'O~i g:5i~[~~!i~ g~ . i Q).!I ~.Q).; ~ ~-g.lD'g.ra- ii if~,-~h!l'Q~!l.- ~'~8g,~~~"tJ a.- g~ i8. g~!!~!~~116g:e~~co c ~'< ~ ~!=I fit ii!.:S g ~ S = g:~ '8'2~ Q ~ l[5<l!.~ ".l!.~~"~ :J......CJ"tJ1l) !;::::J"D.~ ::"~bl::T ~~ ~ i! !~~.~~'83~ g.~~: ..~ g'3ll-? ..... ~,o_ dd~u~l.h~~~ ~~~il~g~ffin03g t~'g!s!~a~~gq~i~ ~'-'iii" ~ D.;JJClI C a- a..81~~~;ilaH'Oii! ~ 21J>-';:!::E"O -?(iJ::Jg ~ if 3. ~.t8 ~ ~ ii ~ -<! 1Ii g:J-3 ~C/l~=<'Q)ClI~;il:: =g-~ i6@'5'iD~a;.~~~ ae;8!~ ~.;~ ;~~i'~~ af~ il~: ~ ~ en c: (\) ;0 (Xl III :3 '< III :3 Cf) .-.-.-. -" ;;-' $! ,., :::T ,. (f) ,." ....,. 11 o o ~ .-.--. ------1 ~_.- i . ,_._._.~ i i i iCarnelian St i i i i ! Hellman Av I i i iArchibald Av i i iHermosa Av I i i . Haven Av )> ~ ~ (Xl III rJl (\) r 5' .,._.,.-.-., CD <l._ ~ ~ f/I/III'.;.". .,.... ~ :::T (f) Grove Av.... Vineyard Av ~ ) (f) ,., ,. ~ :T Hellman Av~ Archibald Av Hermosa Av Haven Av . I i i i i !Milliken Av -.-.-.-.-.-.-... Milliken Av ! .-.' Rochester Av Rochester Av ! -.---------------.---1 ay Creek Blvd :b (I) (I) CD (I) (I) :3 CD ::1 .... tJ -. (I) ;t -. a <0 w . "'"'" Etiwanda Av Etiwanda Av ~ i :::T i ~ i East Av ...._._._. )> 11 0 a 0 0 :e: ~ 0 1(' r- ~ w CD (Xl CC <: ~ a. CD )> () ~ 0 ~ Co (0 r w ~: I ...... -" N fii " i \ ___._._______1 ...... s: iXl CD o (P92 Staff Report DATE: TO: FROM: BY: SUBJECf: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager Lawrence 1. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Supervisor APPROVAL TO MAINTAIN LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LEVELS WITH NO INCREASE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for Community Facilities District No, 88-2 (Drainage and Law Enforcement). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds, There is no increase from the current tax rate for developed properties for fiscal year 2006/2007 rates, BACKGROUND/ANALYSIS On June 21, 1989, the City Council approved the formation of Community Facilities District No, 88-2 for Drainage Capital Facilities and Law Enforcement services and authorized the annual levy of special taxes to pay debt service on the bonds and cover the costs of police operations and maintenance, The special tax being levied annually for the drainage facilities are in Special Tax A - Drainage Facilities, On April 7, 1994, City Council approved Resolution No, 94-058, authorizing the issuance of bonds, On June 3, 1999, City Council adopted Resolution No,99-127 authorizing the refunding of special tax bonds for this district. The refunding bonds were issued in July 1999 in the amount of $2,705,000, The special tax was set at 91% ofthe maximum rate when the district was formed for the developed property, However, the authorized bond refunding adjusted the rate to 78% of the maximum special tax for the developed and undeveloped property, The collections from the annual levy will be used to pay debt service through the life of the bonds, ~9q CITY COUNCIL STAFF REPORT CFD NO, 88-2 (DRAINAGE AND LAW ENFORCEMENT) June 7, 2006 Page 2 The levy of special taxes annually for the Law Enforcement services are listed in Special Tax B - Law Enforcement. When the City receives the collections, the funds for Special Tax B - Law Enforcement are transferred to the General Fund to offset the Law Enforcement costs, Special Tax A - Drainage Facilities Residential Class I (3590+ S,F,) Residential Class II (3077-3589 S,F,) Residential Class III (2564-3076 S,F,) Residential Class IV (2308-2563 S,F,) Residential Class V (2051-2307 S,F ,) Residential Class VI (Less than 2051 S.F ,) Undeveloped Property $735 $544 $408 $326 $272 $190 $1,190/acre Special Tax B - Law Enforcement Residential Class I (3590 + S,F) $1,00 Residential Class II (3077-3587 S,F,) $1.00 Residential Class III (2564-3076 S,F,) $1.00 Residential Class IV (2308-2563 S,F.) $1.00 Residential Class V (2051-2307 S,F,) $1.00 Residential Class VI (Less than 2051 S,F,) $1.00 Respectfully submitted, ~ Lawrence 1. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map - 2 - , 7 t){) RESOLUTION NO. (J ~ - /1 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-EST ABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO, 88-2 (DRAINAGE AND LAW ENFORCEMENT) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from'the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions ofthe "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California, This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO, 88-2 (Drainage and Law Enforcement) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year, NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount ofthe special tax to be collected to pay for the costs and expenses for the next Fiscal Year 2006-2007 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A", SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess ofthat as previously approved by the qualified electors of the District, 76/ Resolution No, ~t,~/75 Page 2 SECTION 4: That the proceeds of the special tax be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness, B. Necessary replenishment of bond reserve funds or other reserve funds; C, Payment of costs and expenses of authorized public facilities and public services, D, Repayment of advances and loans, if appropriate, The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose, SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax, SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund, SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A", SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection, 7tJ2 Resolution No, (; C, -/15 Page 'I PASSED, APPROVED, and ADOPTED this day of June 2006, AYES: NOES: ABSENT: ABSTAINED: William J, Alexander, Mayor ATTEST: Debra J, Adams, CMC, City Clerk I, DEBRA J, ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006, Executed this day of June 2006, at Rancho Cucamonga, California, Debra J, Adams, CMC, City Clerk 7tJ3 Resolution No, ~t -/15 Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 88-2 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2006/2007, SPECIAL TAX "A" - DRAINAGE FACILITIES PROPERTY CATEGORIES There are two categories of property subject to the levy of Special Tax "A", which are identified as follows: 1. DEVELOPED PROPERTY All property identified as a single Tax Assessors's parcel for which property a building permit has been issued as of May 31 of any year, 2, UNDEVELOPED PROPERTY All other property, excluding property which, as of the date ofthe election to authorize the levy of Special Tax "A:, is: (i) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (iii) zoned as open space. T AXING CLASSIFICATIONS AND SPECIAL TAX" A" RATES The taxing classifications for the above Property Categories and the authorized Special Tax "A" rates for Fiscal Year 2006/2007 are as follows: , 7tJ'I Resolution No, /)h -11 S Page Taxing Classification Tax Rate 1. DEVELOPED PROPERTY A. Residential Class I (More than 3,590 square feet of dwelling unit living area) * $735 per year B, Residential II (3,077-3,589 square feet of dwelling unit living area) * $544 per year C, Residential III (2,564-3,076 square feet of dwelling unit living area) * $408 per year D, Residential Class IV (2,308-2,563 square feet of dwelling unit living area) * $326 per year E, Residential Class V (2,051-2,307 square feet of dwelling unit living area) * $272 per year F, Residential Class VI (Less than 2,051 square feet of dwelling unit living area) * $190 per year 2, UNDEVELOPED PROPERTY All Undeveloped Property $1,190 per acre per year ** 7tJ!J Resolution No, () t -/1S Page * The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit(s) issued for the dwelling unit. ** The acreage of an Undeveloped Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency, METHOD OF APPORTIONMENT OF SPECIAL TAX "A" Special Tax "A" shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax" A" revenues are necessary to pay authorized expenses of the Community Facilities District related to the financing of authorized public facilities, which may include, without limitation, payment of debt service on any bonded indebtedness of the Community Facilities District; replenishment of any required reserve fund for any such bonded indebtedness; funding of any required sinking fund necessary to pay for future public facilities or debt service; or direct payment for public facilities (CFD Expenses"), The annual levy of Special Tax "A" shall be apportioned as follows: STEP I: The Community Facilities District shall estimate the amount ofCFD Expenses which must be paid for from Special Tax "A" revenues collected during the Fiscal Year for which the Special Tax "A" levy is to be established (the "Required Special Tax "A" Revenue"), STEP 2: That equal percentage ofthe Special Tax "A" rate, not to exceed 78% ofthe maximum authorized Special Tax "A" rate, applicable to all Developed Property Taxing Classifications necessary to generate Special Tax "A" revenue in the Fiscal Year of the levy equal to the Required Special Tax "A" Revenue for such Fiscal Year shall be levied on all Developed Property, STEP 3: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that percentage of the maximum authorized Special Tax "A" rate applicable to all Undeveloped Property necessary to generate such additional Special Tax "A" revenue shall be levied on all Undeveloped Property, ]/J t; Resolution No, t1c' ~/7 5 Page STEP 4: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that equal percentage of the maximum authorized Special Tax "A" rate applicable to all Developed Property Taxing Classifications necessary to generate such additional Special Tax "A" revenue shall be levied on all Developed Property, STEP 5: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, the Community Facilities District shall: A. Compare (i) the Special Tax "A" rate which would be levied on each Developed Property combining STEP 2 and STEP 4 above with (ii) the product resulting from multiplying the square footage of the Developed Property times the Base Maximum Special Tax "A", The Base Maximum Special Tax "A" means an amount equal to $0,054 per square foot of the lot or parcel. B, If the product described in (ii) above exceeds the Special Tax "A" rate described in (i) above for any Developed Property, the Community Facilities District shall increase the Special Tax "A" rate levied on each such Developed Property in equal percentages up to the rate not to exceed the product described in (ii) above necessary to generate the additional Special Tax "A" revenues to equal the Required Special Tax "A" Revenues, 7D7 Resolution No, ()C,.../1S Page SPECIAL TAX "B" - LAW ENFORCEMENT All Developed Property shall be subject to the levy of Special Tax "B", The authorized Special Tax "B" rates for Fiscal Year 2006/2007 are as follows: Taxing Classification Tax Rate 1. DEVELOPED PROPERTY A, Residential Class I (More than 3,590 square feet of dwelling unit living area) * B, Residential Class II (3,077-3,589 square feet of dwelling unit living area) * C, Residential Class III (2,564-3,076 square feet of dwelling unit living area) * D, Resi~ential Class IV (2,308-2,563 square feet of dwelling unit living area) * E, Residential Class V (2,051-2,307 square feet of dwelling unit living area) * F, Residential Class VI (Less than 2,051 square feet of dwelling unit living area) * $1,00 per year $1,00 per year $1.00 per year $1,00 per year $1,00 per year $1,00 per year 7~~ Hil2p~~H8~Hoj ~s~~~fi';;H~=fi~~ l ~h li~~~~; ~.~ p il a g i~ l! 0. 3 0"0 JS 3 il c 0. ii~~=! --~I'~ ills.~ ~ ~'~s~i~g.~ ~ &- 5~ i ~ s,~~~~~~la~.~$'" c~:~O':6f~;g~~~s.~ ~gaS"S~~a~~~a~~ ~ gl~~i~~I~'8~i~~ g ~~~i~lt~~~!l~gt ~ ~'!i.3 -!le,._S. 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CD ...__J ~ '1:.. ~ 'I._a. .".... .~._.."",. i ._a' Rochester Av i ---.-.-.-.-----.-.-.-l ay Creek Blvd i i i i i i i Etiwanda Av )> a :E 22 "'T1 o o ~ OJ <' 0. o o :3 :3 r::: :3 -. ~ 2;1 CO) -. :::: ~ CD' (/) o -. (/) ~ -. CO) ...... co co . I\.) 7t>9 Staff Report DATE: TO: June 7, 2006 Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: BY: SUBJECT: Lawrence 1. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting an annual special tax levy of $14,369 an acre per parcel to discharge bond obligations in Community Facilities District No. 93-3 (Foothill Marketplace), Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase from the current tax rate for fiscal year 200612007. BACKGROUND/ANALYSIS On December 1, 1993, an election was held and the property owners within the boundary of Community Facilities District No. 93-3 (Foothill Marketplace) authorized the district to incur bonded indebtedness in the principal amount of $4,825,000. On December 15, 1993, the City Council adopted Ordinance No. 518 authorizing the levy of a special tax in the district. Bonds were issued on March 15, 1994, for the purpose of financing the acquisition of certain public improvements that are required for and will permit the development of the properties ~ithin the district. On June 3, 1999, City Council adopted resolution No. 99-127 authorizing the refunding of special tax bonds for this district. The refunding bonds were issued in July, 1999 in the amount of $4,525,000, 7/D CITY COUNCIL STAFF REPORT CFD NO. 93-3 (FOOTHILL MARKETPLACE) June 7, 2006 Page 2 While the property owners within the district approved the maximum rate for the special tax at $20,000 per acre, the tax rate that is needed to meet obligations for fiscal year 2005-2006 is adjusted downward to $14,369 per acre. This special tax shall be levied as long as necessary for each parcel of taxable property to pay for the facilities and to discharge bond obligations through the life of the bonds. Respectfully submitted, ~ Lawrence 1. Temple Administrative Services Director Attachments: Resolution Annual Status Report Map - 2 - 711 RESOLUTION NO. CJ& - / 1 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year 2006-2007 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess ofthat as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: ,7/2. Resolution No. 11 t Page 2 A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel ofland effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 713 ResolutionNo. tJ(;-/7& Page 3 PASSED, APPROVED, and ADOPTED this day of June 2006. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006. Executed this day of June 2006, at Rancho Cucamonga, California. Debra J. Adams, CMC, 71'-/ CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 93-3 FOOTHILL MARKETPLACE ANNUAL STATUS REPORT JUNE 2006 71.5 Resolution No. ~b /1h Page 5 BACKGROUND On December 15, 1993, the electors within the boundary of Community Facilities District No. 93-3 (Foothill Marketplace) authorized the District to incur bonded indebtedness in the principal amount of $4,825,000 for the purpose of financing the acquisition of the street, storm drain, sewer and water improvements. The district is bounded on the north by Foothill Blvd., on the east by Etiwanda Ave. and on the west by Interstate 15. The maximum rate has been set at $20,000 per acre. This amount can be levied at a lower rate but cannot exceed the maximum tax rate as set. On July 1, 1999 this district was refunded as part of Rancho Cucamonga Reassessment District No. 1999-1 under the Rancho Cucamonga Public Finance Authority (the "Authority"). The Authority issued bonds to acquire the Acquired Obligations, fund separate reserve funds and pay the costs of issuing the Bonds. The acquired obligations for Community Facilities District 93-3 is the aggregate principal amount of $4,525,000. FISCAL YEAR 2006-2007 The annual tax rate of $14,369 for fiscal year 2006-2007 will provide sufficient funding to pay debt service in the amount of $405,500. 7/b Resolution No. tJ~-11(P Page 6 COMMUNITY FACILITIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE $405,500 CITY AND TRUSTEE ADMINISTRATION, GENERAL OVERHEAD & LIABILITY $ 35,570 $ 1,000 CONTRACT SERVICES DELINQUENT ASSESSMENTS $ o $442,070 SOURCES: DELINQUENT ASSESSMENTS $ o INTEREST REVENUE $ 8,500 $ 9,680 $423,890 TRANSFER IN FROM FUND BALANCE SPECIAL TAX $442,070 $14,369 PER ACRE 7/7 ~ cJ, 0) ..... IU i:: ..... I!!! Q U) 1(1) .;: "- ::::: U ~ ~ "- r::: :3 e e o (.) ---.---------- \ i I . ^vepUeM!l3 P^18 )jaaJ~ /..e _._.-.-._._._._._._.~ ! ^V JalSa4oo~ p--.-.-.-.---.- ^V ua)j!ll!V\I. ,.-- I ^V ua^eH . i i ^veSOWJaH! . i ^V Pleq!40JVi i i i ^V uewllaHi i i i i IS Ue!laUJe~! I i i r.-.-.-J i '-.-. ! I.___._"Ir__.__ 0:: Q) "0 ~ I ,-- ._._.... (f) C <ll >- C <ll III ~ m [i 3: g <( E 15 o LL CJI ~ ~ ~ ..- 2 ('f) I 'E ('f) :.:J 0> =: "C z. Cl U:. r:: G () CD ~ C) l I c:i CD LO ..J \ N c:i 0 --------1 ^V lSB3 i I II ,.~ ,. (/) .,. .c ,.' m ..- [i 3: g <( ,'-.'t. ,. ,..... <1"0 .-i.~ ~ C,._._....._.... c :.:i Q) VI III III E 15 o LL J' .~ ,/., (/) . ..c co V pJe/..au!^ ......^Va^OJE) (/) ..c <X5 ...... (/) ..c ~ ^vepueM!J3 ^V JalSa40o~ ^V ua)j!II!V\1 ^V ua^eH ^veSOWJaH ^V PleQ!4oJV .-' YMV ueWllaH ..c ~ ~(IInJQ)>-CII>.Ill!OOo~.9c .gU)~=~=lii~:g;'5~IllGl.i!! ~.g~~'08.:E'i::'E'E~ .s-6~ I'll...:! co :::I ~ lJ 0 IV.... ca '" g>> r-!i8 ~ ~~ <3 ~ ~ ~'l'~'E~ ~o~ce~ o.:I:.'t:h._e .!i h11 iH~PJ!';~~ h J2 ~&! ~~~ ~~~~~il~r c.~O ~ ls,g-g'O tij'~ ~~li ca,g i::~C~lI)._~>.:Ge-lI:I t::iV ,5 ~CJi ~ ~.9o liIia.~ !.~ 5 H~~iH!=..~H~i~:s ~og~Et-:6ciJ~~...stllQ) :~ ~ ~ e 8 .~ .!! ~ :ij g II g e i'= ~&!th~~jhH~@;8. ~'5:aq ~ad "i!~ ~~' Q~~!:lU.s151~~sl!\'Gc~ ~!&g .i;.a.15~~~8i.~ _~ a ~~ c ".iL_ ~_ .". ,S.s::; g'5.o 'S: to.J5:'3: . (IIi':::';> .g g' ~.~ !~.e ~ -0 j ~ii5 g g,! f~~gA~~;PfUI CDi~.!S55~;g"C.fiBB~>. F~a~ 8:5:5 ~ t~ ~a!i ~ 7/Z RANCIIO CUCAMONGA Staff Report DATE: TO: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJECf: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for Community Facilities District No. 2000-01 (South Etiwanda). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current rate for fiscal year 2006/2007. BACKGROUND/ANAL YSIS . On November 7, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-01 (South Etiwanda) authorized the district to incur bonded indebtedness in the principal amount of $1,365,000. On November 15, 2000, the City Council adopted Ordinance No. 645 authorizing the levy of a special tax in the district. Bonds were issued on December 21, 2000, for the purpose of financing the acquisition of certain public facilities that included street, sewer, water, storm drain, landscaping and park improvements that are required for and will permit the development of the properties within the district. The levy of special taxes. annually is based on the square footage of the home for residential properties and is based on acreage for non-residential properties. 1/1 CITY COUNCIL STAFF REPORT CFD NO. 2000-01 (SOUTH ETIW ANDA) June 7, 2006 Page 2 Special Tax Land Use Class 1 2 3 4 Residential Floor Area 2,301 Sq. Ft. or greater 1,801 - 2,300 Sq. Ft. 1,800 Sq. Ft, orless Non-Residential Property Respectfully submitted, ~ Lawrence 1. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map -2- Assie:ned Facilities Special Tax $500 per unit 475 per unit 425 per unit $3,700 per Acre 726 RESOLUTION NO. 6 t, - / 71 A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIW ANDA) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 ofthe Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (South Etiwanda) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next Fiscal Year 2006/2007 for the referenced district is hereby determined and established as set forth in the attached, referenced and. incorporated Exhibit "A". SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess ofthat as previously approved by the qualified electors of the District. .12/ Resolution No. J' -/77 Page SECTION 4: That the proceeds of the special tax be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness. B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services. D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 722 Resolution No. /)"-/77 Page PASSED, APPROVED, and ADOPTED this day of June 2006. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006. Executed this day of June 2006, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk '723 Resolution No. tJlo-/77 Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-01 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation ofthe rate and method of apportionment of the Special Taxes for Fiscal Year 2006/2007. SPECIAL TAX PROPERTY CATEGORIES There are two categories of property subject to the levy of Special Tax, which are identified as follows: 1. DEVELOPED PROPERTY All parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. 2, UNDEVELOPED PROPERTY All parcels of Taxable Property not classified as Developed Property, Public Property and/or Property owner's Association Property that are not Exempt Property pursuant of section E. TAXING CLASSIFICATIONS AND SPECIAL TAX RATES The taxing classifications for the above Property Categories and the authorized Special Tax rates for Fiscal Year 2006/2007 are as follows: 711 Resolution No. ()t~ /77 Page Assie:ned SDecial Taxes for DeveloDed ProDertv Community Facilities District No. 2000-01 Land Use Catee:orv Taxable Unit Residential Floor Area Assie:ned SDecial Tax Per Taxable Unit 1. Residential Property DIU 2,301 sq. ft. or greater $500 2. Residential Property DIU 1,801 sq. ft. - 2,300 sq. ft. $475 3. Residential Property DIU 1,800 sq. ft. or less $425 4. Non-Residential Property Acre N/A $3,700 BackuD SDecial Tax When a Final map is recorded the backup Special tax for the Parcels of taxable Property within such Final map area shall be determined by multiplying $3,700 by the Net Taxable Acreage in such Final Map and dividing such amount by the number of Parcels of taxable property (i.e. the number of residential lots) within such Final map, If a Final Map within the CFD includes Parcels of Taxable Property for which building permits for both residential and non-residential construction may be issued, then the Backup Special Tax for each Parcel of Residential Property within the CFD shall be computed by the Administrator exclusive of the allocable portion of total Net Taxable Acreage attributable to Parcels of Table Property for which building permits for non-residential construction may be issued. METHOD OF APPORTIONMENT OF THE SPECIAL TAX As commenced in Fiscal Year 2001-2002 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Taxable Property in the CFD until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: 725 Resolution No. I;t. -/77 Page First: The Special Tax shall be levied proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been.completed, the Special Tax to be levied on each Parcel of Developed Property whose Maximum Special Tax is derived by the application ofthe Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E, at up to 100% ofthe Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal year as a consequence of delinquency or default by the owner of any other Parcel of Taxable Property within the CFD. E. EXEMPTIONS The City Council shall not levy Special Taxes on up to 26.04 Net Taxable Acres of Public Property And Property Owner's Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which property becomes Public Property and Property Owner's Association Property. After the limit of 26.04 Net Taxable Acres within the CFD has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property within the CFD shall ~e subject to the levy of the Special Tax as provided for in the fourth step. 71&; ~ ~:l~~ ~UHUl.~~ ~~SBi~"I!!.33~~"il.~ ~ 5~" ~~~1>1>--a il ~~ <; , 1><g g a ~ 0 g g ~ :. go" aa g "'oil a.~ ~"C.g.g sd5 g ; ~Q'[~:.h~ i~ ii''l.:!f =8. ::::Jo..xl5::::J'<ftd~Cf)'ii!!:l ~ QlSi!.~~s.~ a c.~ 5::J 00. e ~ . 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OJ III :J '< III :J en .-.-.-. ...... -:;>>-' S!? ,-' ::r .,.",. ~",- ~ iii" c: CD ;;0 .-.-. ..-.-..... 1 L._a. i p._._.~ i i i !carnelian St I i i i i iHellman Av i i !Archibald Av i i iHermosa Av 1 i i . Haven Av i i i i i !Milliken Av .-.-.-.-.-.-... 1 i _.; o o :3 :3 r::: :3 -. ~ 2;1 CO) -. ::::: ~ CD' (/) o -. (/) ;:t -. ,CO) ...... ~ C) C) Q . Q ...... Rochester Av ! 1.-.-.-.-.-.-.-.-.-.-., ay Creek Blvd Etiwanda Av r i '\ , .-.-.-.-.-.-., 7;.7 THE I T Y ANCllO UCAMONGA Staff Report DATE: TO: FROM: BY: SUBJECf: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager Lawrence 1. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK). RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting an annual special tax levy of $4,053.40 an acre per parcel to discharge bond obligations in Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. BACKGROUND/ANALYSIS On November 7, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) authorized the district to incur bonded indebtedness in the principal amount of $6,835,000. On December 6, 2000, the City Council adopted Ordinance No. 646 authorizing the levy of a special tax in the district. Bonds were issued on December 21, 2000 for the purpose of financing the acquisition of street improvements on public street improvements required as a condition of approval of development of the property within the proposed district including Milliken Avenue, Arrow Route Highway and Foothill Boulevard; such street improvements to include but not to be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. 719 CITY COUNCIL STAFF REPORT CFD NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) June 7, 2006 Page 2 The property owners within the district approved the maximum rate for the special tax at $4,053.40 per acre. On each July 1, commencing July 1,2002 the Maximum Annual Special tax shall be increased by two percent (2%) of the amount in effect for the previous fiscal year. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through fiscal year 2035-2036. Respectfully submitted, Lawrence 1. Temple Administrative Services Director Attachments: Resolution Annual Status Report Map - 2 - 711 RESOLUTION NO. tJ ft> - /1 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year 2006-2007 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: 73D Resolution No. {)~-/7 g Page A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel ofland effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 73/ Resolution No. tJ{p-/7 8 Page PASSED, APPROVED, and ADOPTED this day of June 2006. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA 1. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006, Executed this day of June 2006, at Rancho Cucamonga, California. Debra J. Adams, CMC, 7.32 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2000-02 RANCHOCUCAMONGACORPORATEPARK ANNUAL STATUS REPORT JUNE 2006 1~3 Resolution No. tJ&,.. J 7 g Page BACKGROUND On November 7, 2000, the electors within the boundary of Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) authorized the District to incur bonded indebtedness in the principal amount of $6,835,000 for the purpose of financing the acquisition of street improvements on public street improvements required as a condition of approval of development of the property within the proposed district including Milliken Avenue, Arrow Route Highway and Foothill Boulevard; such street improvements to include but not to be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. The district was approved setting the maximum rate at $3,896 per acre. However, on each July 1, commencing July 1, 2002 the Maximum Annual Special tax shall be increased by two percent (2%) of the amount in effect for the previous fiscal year. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through fiscal year 2035-2036. FISCAL YEAR 2006-2007 The annual tax rate for fiscal year 2006-2007 will be $4,053.40 per acre, and will provide sufficient funding to pay debt service in the am,ount of $553,520.00. 73~ USES: COMMUNITY FACILITIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS DEBT SERVICE CITY AND TRUSTEE ADMINISTRATION, GENERAL OVERHEAD & LIABILITY CONTRACT SERVICES DELINQUENT ASSESSMENTS SOURCES: DELINQUENT ASSESSMENTS INTEREST REVENUE FUND BALANCE SPECIAL TAX $4,053.40 PER ACRE Resolution No. IJ/e-./1<6 . Page $507,000 $ 50,500 $ 1,500 $ o $559,000 $ o $ 4,000 $ 1,480 $553,520 $559,000 735 C'I <::) I <::) <::) <::) C'I .... ,CJ i: ..... I!!! 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CJ) .-,. -5 ", C1l ..- ~ ::: g <( E '0 & .- .,.~ ./ iE ^V pJeflau!^ i i i i i ! .....^Va^OJ8 CJ) ..c: 05 CJI ~ ~ ~ T"" =: ci L() N ci o U> ..c: ~ ^vepUeM!l3 ^V Jalsa4:JO~ ^V ua>l!II!L^l ^V Ua^eH ^veSOWJaH ^V PleQ!4:JJy -' U>^V ueWllaH ..c: ~ ~ ~ ~~ ~~ ~~!~~'O ~~.~ - Qg c"'~moci '. !!i~~o8...-= 1:~~ .E"O.c; lU_oca ::ICD:x1V 1Il0) '--~81l ~~.i-8 ~ ~~g,,~:li ~a~etg~~~i~~~8~ j ~~ ~~~ f;}.:~~~.I.c III c.t\o~~,g~o li'~i~~ ~.5 g~c13<11._~>-ti a:I .~~ aeo~<p~.9oli.9 ~~~~ )~~IH~~ .~B~ ~.~~~ s95a.E .~.E~~t:1:50:Gl . "b'ti;e8.!;;;(IIl!!.-o~c 'c= ~lij~.i- ;~~'Occui5..f!~c ~a:.2 c i)'.< ~~~il ~ 8 ~c8. 2" '5 :: ~ ~ g, a 1: ~ c; = g >-~ ~ CJJ~~~lUg~1K~:5~.!lili8 ~lDll)g .-g...~s-fi""''Se;",o~ ClI:5.a; g:o ~5~.="2::; ~.Ql~ ~aR'5.8 ~ ~~J Ii ~~-~ '0 51::!.!i ia..e E-aj;g II) 5 al! f5hA~~;lifUl o i:ljH g g~;g~ ti B B ~ na~8:u~h~8H~ 7~ THE C I T Y o F ANCllO UCAMONGA StaffReport DATE: TO: FROM: BY: SUBJECf: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Lawrence 1. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Manager APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A WITHOUT AN INCREASE TO THE APPROVED RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2001-01 (Improvement Area Nos. 1 & 2), Series 200l-A. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase from the current tax rate. BACKGROUND/ANALYSIS On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (ImprovemeJ?t Area Nos. 1 and 2), Series 2001-A authorized the district to incur bonded indebtedness in the principal amount of $14,240,000. On August 15, 2001 the City Council adopted Ordinance No. 01-019 authorizing the issuance of bonds. Bonds were issued on August 29, 2001 to share in the financing of public street improvements required for the development of the property within the District, including improvements to Day Creek Boulevard, Victoria Park Lane, Church Street, Foothill Boulevard, Baseline Road and Arbor Way, landscaping improvements within public right-of- way, storm drain and flood control improvements. 731 Page 2 June 7, 2006 City Council Staff Report CFD 2001-01 (Improvement Area Nos, 1 & 2) This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. The levy of special taxes annually for Improvement Area No. 1 and Improvement Area No.2 are as follows: Imorovement Area No.1 Land Use Description Residential Assigned Class Floor Area Special Tax 1 Single Family Property = > 3,250 sq, ft, $2,100 per residential dwelling unit 2 Single Family Property 2,950 to 3,249 sq, ft, $1,684 per residential dwelling unit 3 Single Family Property 2,650 to 2,949 sq, ft, $1,515 per residential dwelling unit 4 Single Family Property 2,350 to 2,649 sq, ft, $1,301 per residential dwelling unit 5 Single Family Property 2,150 to 2,349 sq, ft, $1,217 per residential dwelling unit 6 Single Family Property 1,950 to 2,149 sq, ft, $1,119 per residential dwelling unit 7 Single Family Property < 1,950 sq, ft, $938 per residential dwelling unit 8 Apartment Property Not Applicable $237 per residential dwelling unit 9 Non Residential Property Not Applicable $8,398 per Acre Imorovement Area No.2 Land Use Description Assigned Special Tax Class 1 Apartment Property $237 per unit 2 Other Residential $10,768 per Acre Property 3 Non-Residential $0,63 per square foot of Non- Property Residential Floor Area 738 Page 3 June 7, 2006 City Council Staff Report CFD 2001-01 (Improvement Area Nos, 1 & 2) Respectfully submitted, ~, :J Lawrence 1. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map 7.31 RESOLUTION NO. O(P -/19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2001-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A Recitals WHEREAS, by its Resolution No. 01-162, adopted on June 20, 2001, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District") and established within the District improvement areas designated Improvement Area No.1 and Improvement Area No.2 (the "Improvement Areas"); and WHEREAS, at an election held on June 20, 2001, the qualified electors of the Improvement Area No.1 and Improvement Area No.2 unanimously approved the levy of a special tax against properties in the Improvement Areas (the "Special Tax"); and WHEREAS, by its Ordinance No. 658 (the "Ordinance"), adopted on July 18,2001, the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on September 18, 2001, the District delivered its $14,240,000 City of Rancho Cucamonga Community Facilities District No. 2001-01 Improvement Area No.1 and Improvement Area No.2 Special Tax Bonds Series 2001-A (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of August 1, 2001, by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area No.1 and Improvement Area No.2 for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, debt service will become due and payable on the Bonds during Fiscal Year 2005-2006 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such debt service; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2006-2007 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2006-2007 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. 7l{() SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2006-2007 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 7L/J PASSED, APPROVED, and ADOPTED this day of June 2006. William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006. Executed this day of June 2006, at Rancho Cucamonga:, California. Debra J. Adams, CMC, 7 L.{ 2.. Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO.1 & IMPROVEMENT AREA NO.2) SERIES 2001-A EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2006/2007. CLASSIFICATION OF PARCELS Improvement Area No.1 Each Fiscal Year, all Taxable Property within Improvement Area No. 1 shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special tax or (ii) the amount derived by application of the Backup Special Tax. (b) Assigned Special Tax The Assigned Special Tax for each Land Use class is shown in Table 1. 743 TABLE 1 Assigned Special Taxes For Developed Property Improvement Area No, 1 Land Use Description Residential Assigned Class Floor Area Special Tax 1 Single Family Property = > 3,250 sq. ft. $2,100 per residential dwelling unit 2 Single Family Property 2,950 to 3,249 sq. ft. $1,684 per residential dwelling unit 3 Single Family Property 2,650 to 2,949 sq. ft. $1,515 per residential dwelling unit 4 Single Family Property 2,350 to 2,649 sq. ft. $1,301 per residential dwelling unit 5 Single Family Property 2,150 to 2,349 sq. ft. $1,217 per residential dwelling unit 6 Single Family Property 1,950 to 2,149 sq. ft. $1,119 per residential dwelling unit 7 Single Family Property < 1,950 sq. ft, $938 per residential dwelling unit 8 Apartment Property Not Applicable $237 per residential dwelling unit 9 Non Residential Property Not Applicable $8,398 per Acre (c). Multiple Land Use Classes In some instances an assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special tax levied on an Assessor's Parcel shall be the sum of the Assigned Special Taxes for all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Parcel derived by application of the Backup Special Tax. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 141./ (c) Backup Special Tax The Backup Special Tax shall equal $10, 768 per acre. 2. Final Mapped Property (a). Intermediate Special Tax The Intermediate Special Tax shall only be levied on Assessor's Parcels of the Final Mapped Property. To compute the Intermediate Special Tax attributable to a Final Subdivision, the Acreage of all Developed Property and Final Mapped Property within that Final Subdivision shall be multiplied by $7,500. The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall then be computed by dividing the Intermediate Special Tax attributable to the applicable Final Subdivision by the total number of Assessor's Parcels planned for residential development within that Final Subdivision (i.e., the number of residential lots). The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property in a Final Subdivision planned exclusively for non-residential development shall equal $7,500 multiplied by the Acreage of such Assessor's Parcel. If a final Subdivision includes Assessor's Parcels of Developed Property and Final Mapped Property planned for both residential and non-residential de"velopment, then the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall be calculated as described above based exclusively on the Acreage of the residential Final Mapped Property. Conversely, the Intermediate Special Tax for each assessor's Parcel of Final Mapped Property planned for non- residential development shall be calculated as described above based exclusively on the Acreage of the non-residential Final Mapped Property. The CFD Administrator shall allocate the Acreage of each Assessor's Parcel in the Final Subdivision to residential and non-residential development based on the projected use of each such Assessor's Parcel. (b) Maximum Special Tax The Maximum Special Tax for Final Mapped Property shall be $10,768 per Acre. 3. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property. The Maximum Special Tax for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $10, 768 per Acre. 7iJS APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the Improvement Area No.2 (I A No.2) Special Tax, until the amount of Special Taxes and Improvement Area No.2 Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax; and the City Council shall be notified by the CFD Administrator that under the terms of! A No.2 Rate and Method (RMA), the I A No.2 Special Tax shall be levied on each Assessor's Parcel of I A No.2 Developed Property in an amount equal to 100% of the applicable I A No.2 Assigned Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special tax shall be levied on each assessor's Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final Mapped Property; and the City Council shall be notified by the CFD Administrator that under the terms of! A No.2 RMA, the I A No.2 Special Tax shall be levied on each Assessor's Parcel of! A No.2 Final Mapped Property up to 100% of the I A No.2 Intermediate Special Tax for I A No.2 Final Mapped Property, with the levy on Final Mapped Property and I A No.2 Final Mapped Property being Proportionate; Third: If additional monies are needed to satisfy the Special tax Requirement after the first two steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Undeveloped Property at up $7,500 per acre; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No.2 RMA, the I A No.2 RMA, the I A No.2 Special Tax shall be levied on each Assessor's Parcel of I A No.2 Underdeveloped Property at up to $7,500 per Acre, with the levy on Undeveloped Property and I A No.2 Undeveloped Property being Proportionate; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% of the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and the_ City Council shall be notified by the CFD Administrator that under the terms of the I A No.2 RMA, the I A No.2 Special Tax shall be levied on each Assessor's Parcel of I A No.2 Final Mapped Property and I A No.2 Undeveloped Property at up to 100% of the I A No.2 Maximum Special Tax for I A No.2 Final Mapped Property and I A No.2 Undeveloped Property, with the levy on Final Mapped Property and Undeveloped Property and I A No.2 Final Mapped Property and I A No.2 Undeveloped Property being Proportionate; Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 7.iJ t, the Maximum Special Tax for each such Assessor's Parcel; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No.2 RMA, the levy of the I A No.2 Special Tax on each Assessor's Parcel of I A No.2 Developed Property whose I A No.2 Maximum Special Tax is determined through the application of the I A No.2 Backup Special Tax shall be increased in equal percentages from the I A No.2 Assigned Special Tax up to the I A No.2 Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed Property and I A No.2 Developed Property being Proportionate; Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the first five steps have been completed, then the Special Tax shall be levied on each Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public Property at up to the Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No.2 RMA, the I A No.2 Special Tax shall be levied on each Assessor's Parcel of! A No.2 Taxable Property Owner Association Property or I A No.2 Taxable Public Property at up to the I A No.2 Maximum Special Tax for I A No.2 Taxable Property Owner Association Property or I A No.2 Taxable Public Property, with the levy on Taxable Property Owner Association Property or Taxable Public Property and I A No.2 Taxable Property Owner Association Property or I A No. 2 Taxable Public Property being Proportionate. Notwithstanding the above the city Council may, in any Fiscal Year, levy proportionately less than 100% of the Assigned Special Tax and the I A No.2 Assigned Special Tax in step one (above) when (i) the City Council is no longer required to levy a Special Tax pursuant to steps two through six above and the City Council is no longer required to levy an I A No.2 Special Tax pursuant to steps two through six (above) of the I A No.2 RMA in order to meet the Special Tax Requirement; (ii) all authorized I A No.1 and I A No.2 Bonds have already been issued or the City Council has covenanted that it will not issue any additional I A No.1 and I A No.2 Bonds (except refunding bonds) to be supported by Special Taxes and I A No.2 Special Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel or Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within I A No, 1 or I A No.2, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within I A No. 1 or I A No.2. 7.'11 CLASSIFICATION OF PARCELS Improvement Area No.2 Each Fiscal Year, all Taxable Property within Improvement Area No. 2 shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the Sections III, IV and V below. MAXIMUM SPECIAL TAX RATE 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special tax or (ii) the amount derived by application of the Backup Special Tax. (b) Assigned Special Tax The Assigned Special Tax for each Land Use class is shown in Table 1. TABLE 1 Assigned Special Taxes For Developed Property Improvement Area No, 2 Land Use Description Assigned Special Tax Class 1 Apartment Property $237 per unit 2 Other Residential $10,768 per Acre Property 3 Non..:Residential $0.63 per square foot of Non- Property Residential Floor Area 7Lf8 (c). Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special Tax levied on an Assessor's Parcel shall be the sum of the Assigned Special Taxes for all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Parcel derived by application of the Backup Special Tax. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. (c) Backup Special Tax The Backup Special Tax shall equal $10, 061 per acre. 2. Final Mapped Property (a). Intermediate Special Tax The Intermediate Special Tax shall only be levied on Assessor's Parcels of the Final Mapped Property. To compute the Intermediate Special Tax attributable to a Final Subdivision, the Acreage of all Developed Property and Final Mapped Property within that Final Subdivision shall be multiplied by $7,500. The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall then be computed by dividing the Intermediate Special Tax attributable to the applicable Final Subdivision by the total number of Assessor's Parcels planned for residential development within that Final Subdivision (i.e., the number of residential lots). The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property in a Final Subdivision planned exclusively for non-residential development shall equal $7,500 multiplied by the Acreage of such Assessor's Parcel. If a final Subdivision includes Assessor's Parcels of Developed Property and Final Mapped Property planned for both residential and non-residential development, then the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall be calculated as described above based exclusively on the Acreage of the 7lf9 residential Final Mapped Property. Conversely, the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for non- residential development shall be calculated as described above based exclusively on the Acreage of the non-residential Final Mapped Property. The CFD Administrator shall allocate the Acreage of each Assessor's Parcel in the Final Subdivision to residential and non-residential development based on the projected use of each such Assessor's Parcel. (c) Maximum Special Tax The Maximum Special Tax for Final Mapped Property shall be $10,768 per Acre. 3. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property. The Maximum Special Tax for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $10, 768 per Acre. APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the City Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the Improvement Area No.1 (I A No.1) Special Tax, until the amount of Special Taxes and Improvement Area No.1 Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in.an amount equal to 100% of the applicable Assigned Special Tax; and the City Council shall be notified by the CFD Administrator that under the terms of I A No.1 Rate and Method (RMA), the I A No. 1 Special Tax shall be levied on each Assessor's Parcel of I A No. 1 Developed Property in an amount equal to 100% of the applicable I A No.1 Assigned Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special tax shall be levied on each Aassessor's Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final Mapped Property; and the City Council shall be notified by the CFD Administrator that under the terms of I A No. 1 RMA, the I A No.1 Special Tax shall be levied on each Assessor's Parcel of! A No.1 Final Mapped Property up to 100% of the I A No.1 Intermediate Special Tax for I A No.1 Final Mapped Property, with the levy on Final Mapped Property and I A No.1 Final Mapped Property being Proportionate; Third: If additional monies are needed to satisfy the Special tax Requirement after the first two steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Undeveloped Property at up $7,500 per acre; and the City Council shall be notified by the CFD Administrator that under the terms ofthe I A No.1 RMA, the I A No.1 Special Tax shall be 7SD levied on each Assessor's Parcel of I A No. 1 Underdeveloped Property at up to $7,500 per Acre, with the levy on Undeveloped Property and I A No. lUndeveloped Property being Proportionate; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% ofthe Maximum Special Tax for Final Mapped Property and Undeveloped Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No.1 RMA, the I A No.1 Special Tax shall be levied on each Assessor's Parcel of I A No. 1 Final Mapped Property and I A No. 1 Undeveloped Property at up to 100% of the I A No.1 Maximum Special Tax for I A No.1 Final Mapped Property and I A No.1 Undeveloped Property, with the levy on Final Mapped Property and Undeveloped Property and I A No.1 Final Mapped Property and I A No.1 Undeveloped Property being Proportionate; Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No.1 RMA, the levy of the I A No.1 Special Tax on each Assessor's Parcel of I A No. 1 Developed Property whose I A No. 1 Maximum Special Tax is determined through the application of the I A No.1 Backup Special Tax shall be increased in equal percentages from the I A No. 12 Assigned Special Tax up to the I A No.1 Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed Property and I A No.1 Developed Property being Proportionate; Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the first five steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public Property at up to the Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No.1 RMA, the I A No. 1 Special Tax shall be levied on each Assessor's Parcel of I A No. 1 Taxable Property Owner Association Property or I A No. 1 Taxable Public Property at up to the I A No.1 Maximum Special Tax for I A No.1 Taxable Property Owner Association Property or I A No, 1 Taxable Public Property, with the levy on Taxable Property Owner Association Property or Taxable Public Property and I A No.1 Taxable Property Owner Association Property or I A No. 1 Taxable Public Property being Proportionate. Notwithstanding the above the City Council may, in any Fiscal Year, levy proportionately less than 100% of the Assigned Special Tax and the I A No.1 Assigned Special Tax in step one (above) when (i) the City Council is no longer required to levy a Special Tax pursuant to steps two through six above and the City Council is no longer required to levy an I A No. 1 Special Tax pursuant to steps two through six (above) of the I A No.1 RMA in order to meet the Special Tax Requirement; (ii) all authorized Bonds have already been issued or the City Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to be supported 157 by Special Taxes and I A No. 1 Special Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel or Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within I A No. 1 or I A No.2, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within I A No.1 or I A No.2. 152 ~ ~~~i ~i[~~~li~i ~U~h~~~H=h " .. ~ , i! ~.!t , If If ~ ~ gjj o='e.rgtT;:J~8';:J;:Jr1>l<~a' i~ g ~~ic.~ Q''O.g 3"gt3 2- ~U!!!..- ~~.~31'a~" ~'~si~~~-o ~ 3:~ 5! i~ Q;:JflIiig:~I~E1R:e~~co c:~: ~ ~~i.;;LDl g ~ ~ -'s.~ 1l~. g" s &, "n~~",.ii :::J-01!Il):::J ::J'"C.~'<:<'~bl=. g~ j1~! ~~ ~.~~.~~ g.g.~. ~HHHa~H~H ~:il~~~.t~a~U08g ~'& ~!i ~~ a~~~ Q~~~ .h~~~~il'~g,,,~~~~ ~.g g~~~a~~2i.:i ~~ iii, "2a~~.~ ~a'fo~~ ff~lln~~!? -<~ 2,--' .;5~~"~U~ a;~ [~ ii1lDllll:lg.mg:;:Jlllglllg:::Jfg~ ?'s~ Q.o s.acg~ ID~ lDrg III i'&'" ;e: ::T Hellman Av~ "1_' Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av Etiwanda Av ;e: ::T ~ o o iv CJ1 ri'e ...>. u, ~ CD CJI ~ ::T ~ Grove Av..... i i i i ! I Vineyard A . ~ j ~ ,./ ::t*. i i East Av i_._._._. )> ~ 8888~/i 22 3333CE~ ..,..,..,.., N ~ l>. ~~~~gu CD <D C1> CD -a. ~~~~~ ~;a;aa ~~~~ D) Q) Q) OJ wU,)('l..J..... NN o 0 ::> ::> CD CD ....~ )> a :E 22 "'T1 o o ~ OJ III :J '< III :J CfJ ...-.-.- .....,. ~ ;.,. ::T ,. en ". ,. ~ iii" c: CD ;;0 OJ III VI CD c: :J .'_..1-.-'. CD < ;;0 .,_.0.. ....' J ,.' ,.- -----,---.--, i -..... ! ,-----_.. i i i iCarnelian 5t i i i i I Hellman Av i i iArchibald Av i i iHermosa Av . i i . Haven Av i i i i i !Milliken Av -.-.-.-._._._.1 ! .-.' o o :3 :3 r::: :3 -, ~ ~ CO) -, :::: ~ CD' (/) o en iii' CD~ ~, -, CD CO) (/)..... 1\)1\) QQ QQ "'""'~ :b~ Rochester Av ! -.---------.-.---.-.-1 ay Creek Blvd Etiwanda Av "'T1 o g, :r. OJ <' 0. en CD ., ii' UI N o o ...... :i> ., i i \ .-.-.-.-.-.-.- 1S3 THE C I T Y o F ANCIlO UCAMONGA StaffReport DATE: TO: FROM: BY: SUBJECf: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Supervisor APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO.3 ZONE 7), SERIES 2001-B WITHOUT AN INCREASE TO THE APPROVED RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual spe,eial tax for the new Community Facilities District No. 2001-01 (Improvement Area No.3 Zone 7), Series 2001-B. Pursuant to Section 53340 and 53358 of the Government Code Mello- Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase from the current tax rate. BACKGROUND/ANAL YSIS On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (Improvement Area No.3 Zone 7), Series 2001-B authorized the district to incur bonded indebtedness in the principal amount of $935,000, On August 15,2001 the City Council adopted Ordinance No, 01-019 authorizing the issuance of bonds. Bonds were issued on August 29, 2001 to share in the financing of public street improvements required for the development of the property within the District, including improvements to Day Creek Boulevard, Victoria Park Lane, Church Street, Foothill Boulevard, Baseline Road and Arbor Way, landscaping improvements within public right-of- way, storm drain and flood control improvements. 7sr Page 2 June 7, 2006 City Council Staff Report CFD 2001-01 (Improvement Area 3) The property owners within the district approved the maximum rate for the special tax at $1,963.45 per acre. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. Respectfully submitted, ~~ Lawrence I. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map 7S5 RESOLUTION NO. Dt -/gtJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2001-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NO.3 ZONE 7), SERIES 2001-B Recitals WHEREAS, by its Resolution No. 01-162, adopted on June 20,2001, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District") and established within the District an improvement area designated Improvement Area No.3 (the "Improvement Area"); and WHEREAS, at an election held on June 20, 2001, the qualified electors of the Improvement Area unanimously approved the levy of a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 658 (the "Ordinance"), adopted on July 18, 2001, the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on September 18, 2001, the District delivered its $935,000 City of Rancho Cucamonga Community Facilities District No. 2001-01 Improvement Area No.3 Zone 7 Special Tax Bonds Series 2001-B (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of August 1, 2001, by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, debt service will become due and payable on the Bonds during Fiscal Year 2005-2006 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such debt service; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2006-2007 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2006-2007 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. 7.S~ SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2006-2007 for the District is h~reby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 157 PASSED, APPROVED, and ADOPTED this day of June 2006. William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucarnonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucarnonga, California, at a regular meeting of said City Council held on the day of June 2006. Executed this day of June 2006, at Rancho Cucamonga, California. Debra 1. Adams, CMC, 158 Resolution No. 010 -I g () Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA No, 3 ZONE 7) SERIES 2001-B EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2006/2007. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within each Zone of Improvement Area No. 3 shall be classified as Taxable or Non-Taxable Property and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE A. The Maximum Special Tax and Taxable Acreage for Taxable Property and Taxable Public Property for each Zone is shown in Table 1. TABLE 1 Zone Taxable Bond Maximum Tax Acreaee Share Per Acre Zone 1 - Future RDA 55.00 91.70% $15,230.37 Zone 7 - Leggio South 42.74 8.30% $ 1,963.45 B. Assignment of Maximum Annual Special Tax to Successor Parcels. The Community Facilities District (CFD) Administrator shall assign the Maximum Annual Special Tax to each Successor Parcel as follows: 751 1) When an Original or Successor Parcel is subdivided, the CFD Administrator shall classify the resulting Successor Parcels as Taxable Parcels or Tax-Exempt parcels using the definitions in the rate and method of apportionment of special tax. 2) Ifthe Successor Parcel is a Taxable Parcel: Calculate the percentage of the taxable Successor Parcels' square footage to the total square footage for all taxable Successor Parcels of that Original or Successor Parcel; then, Multiply this percentage by the Maximum Annual Special Tax assigned to the previous Original Parcel or Successor Parcel. The , result of this calculation is the Maximum Annual Special Tax for the Taxable Successor Parcel. C. Taxable Parcels Acquired by a Public Agency Taxable Parcels that are acquired by a public agency after the CFD is formed will remain subject to the applicable Special Tax unless the Special Tax obligation is satisfied pursuant to Section 53317.5 0 the Government Code. An exception to this may be made if the Public use planned for a Public Parcel within the CFD is relocated to a Taxable Parcel and the previously Tax-Exempt Parcel of comparable acreage becomes a Taxable Parcel. This trading of Parcels will be permitted to the extent that there is no net loss in Maximum Special Tax. It is anticipated that the City will acquire approximately 55 Acres that will be subject to the Special Tax. APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the Improvement Area No. 3 Special Tax, until the amount of Special Taxes and Improvement Area No.3 Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property in an amount equal to 100% of the applicable Maximum Special Tax; or Second: If less monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied proportionately on each Taxable Parcel at less than 100% of the Maximum Special Tax; provided that the Council may levy an amount in excess of the Special Tax Requirement if all authorized Bonds have not already been issued. 1t,6 Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Improvement Area No.3, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within Improvement Area No.3. 14,/ Hil~nHIa:gil~~~ ~3S~~~5ll. 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Cf) .,. .....,.' -.-.-,.-.-.-. i ....... ! r-.-..-I i i i iCarnelian 5t i i i i !Hellman Av 1 i i !Archibald Av i i iHermosa Av 1 i i . Haven Av i i i i i !Milliken Av -.....-......... III III CJl CD r 5" ...._..1.....,. CD <l ~ -- ,. .".... ~._.--. i ...; o o :3 3 r::: :3 -, ~ 2;1 CO) -, ::::: ~ CD' (/) o en en' CD~ =:3, -, CD CO) (/)...... ~~ QQ QQ ~~ tb~ Rochester Av ! ~._._._._._._._._._.-l ay Creek Blvd Etiwanda Av ,. i i \ .-.....-......... 7~l I T YO F UCAMONGA StaffReport DATE: TO: FROM: BY: SUBJECf: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Lawrence 1. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Supervisor APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO.1 ZONES 1, 2 & 3), SERIES 2003-A. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2003-01 (Improvement Area No.1 Zones 1, 2 & 3), Series 2003-A. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. BACKGROUND/ANALYSIS On February 19,2003, an election was held and the property owners within the boundary of Community Facilities District No. 2003-01 (Improvement Area No.1), Series 2003-A authorized the district to incur bonded indebtedness in the principal amount of $14,645,000. On March 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax, and on May 21, 2003 approved Resolution No. 03-125 authorizing the issuance of bonds. The District consists of approximately 229 gross acres, of which 147 acres are designated as Improvement Area No.1 (Zones 1, 2 & 3). The District boundary is located in the eastern part of the City generally west of Interstate 15, south of Church Street, north of Arrow Route and east of Southern California Edison easement corridor from Arrow Route north, to Foothill Boulevard and Day Creek Boulevard from Foothill Boulevard north, to Church Street. The District is located within the Victoria Community Plan of the City. 1~3 Page 2 June 7, 2006 City Council Staff Report CFD 2003-01 (Improvement Area No, 1, Zones 1,2 & 3) Bonds were issued on August 20, 2003 to share in the provision of funds for the acquisition and construction of certain public street improvements, storm drain and flood control and water and sewer improvements to serve property located within the District and a cultural center to be owned by the City, which will include a performing arts center, public library and banquet hall/meeting room. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life oft4e bonds. Respectfully submitted, d.~ Lawrence 1. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map I/,1 RESOLUTION NO. () t - / f / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2003-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NO. 1 ZONES 1,2 & 3), SERIES 2003-A Recitals WHEREAS, by its Resolution No. 03-031, adopted on February 19, 2003, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") and established within the District improvement areas designated Improvement Area No.1, Zones 1, 2 & 3 (the "Improvement Area"); and WHEREAS, at an election held on February 19, 2003, the qualified electors of the Improvement Area No.1, Zones 1,2 & 3 unanimously approved the levy of a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 699 (the "Ordinance"), adopted on March 3, 2003 the City Council authorized the levy ofthe Special Tax in accordance with the Act; and WHEREAS, on August 20, 2003, the District delivered its $14,645,000 City of Rancho Cucamonga Community Facilities District No. 2003-01 Improvement Area No.1, Zones 1,2 & 3 Special Tax Bonds Series 2003-A (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of July 1, 2003 by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area No.1, Zones 1,2 & 3 for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Year 2006- 2007 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2006-2007 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2006-2007 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. 7~5 SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2006-2007 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 74,' PASSED, APPROVED, and ADOPTED this day of June 2006. William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006. Executed this day of June 2006, at Rancho Cucamonga, California. Debra J. Adams, CMC, 11&, 7 Resolution No, Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO.1, ZONES 1,2 & 3) SERIES 2003-A EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2006/2007. CLASSIFICATION OF PARCELS Improvement Area No.1 Each Fiscal Year, all Taxable Property within Zone 1, Zone 2, and Zone 3 of CFD No. 2003-01 (IA No.1) shall be classified as Developed Property or Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE 1. ZONE 1 a. Zone 1 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 1 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 ofCFD No. 2003-01 (IA No.1) shall equal $4,318 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 74, ~ 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) ofthe Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 1 ofCFD No. 2003-01 (IA No. 1) shall equal $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 1 ofCFD No. 2003-01 (IA No.1) shall be $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 2 ofCFD No. 2003-01 (IA No, 1) shall equal $36,294 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July I of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. 1~9 (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 ofCFD No. 2003-01 (IA No.1) shall equal $40,327 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 ofCFD No. 2003-01 (IA No.1) shall be $12,817 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 3. ZONE 3 a. Zone 3 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 3 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 3 or (ii) the amount derived by application ofthe Backup Special Tax for Zone 3. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 3 ofCFD No. 2003-01 (IA No.1) shall equal $10,272 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 3 ofCFD No. 2003-01 (IA No.1) shall equal $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 77lJ 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 3 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 3 ofCFD No. 2003-01 (IA No.1) shall be $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone 1 Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 1 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No.1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No.1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 77/ Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Zone 1, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within Zone 1. 2. ZONE 2 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No.1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No.1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 3. ZONE 3 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 3 Special Tax Requirement and levy the Special Tax in Zone 3 until the amount of Special Taxes levied in Zone 3 is equal to the Zone 3 Special Tax Requirement. The Special Tax shall be levied in Zone 3 each Fiscal Year as follows: 7'7'2 First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 3 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 3 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 3 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 3 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No.1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No.1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. EXEMPTIONS 1. ZONE 1 No Special Tax shall be levied on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. In addition, no Special Tax shall be levied on Privately Owned Exempt Parking Property in Zone 2. Furthermore, no Special Tax shall be levied on up to 10.56 Acres of Privately Owned Specific Retail Property in Zone 2. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property in Zone 2 becomes Privately Owned Specific Retail Property. If the total number of Acres of Privately Owned Specific Retail Property exceeds the amount stated above, then the Acres exceeding such total shall be taxed at the applicable rates for Developed Property for Zone 2 as set forth in Section C above and to the extent set forth in Section D above. 3. ZONE 3 No Special Tax shall be levied on Public Property in Zone 3. 773 ~<( C?(/) (W)Q) Q '- Qa..;; ('IQ) .....CI) ,u i:: ..... I!!! Q CI) ,Q) .;: '- :::: u ~ ~ '- r::: :3 e e o o ,.---.-.-.-.-. \ i i ..-.-.-.-.-.-. -.-Av.epUBMiB P^18 >l99J:::l f..e "0 > iii :E '0 o u. l-._._.__._.-._._._._.~ ! ^V J9lS94::l0~ ,.-. I r-.-.-.-.-.-.-. ^ V U9>1!11! VIIi i i i i i ^V U9^eH. 1 ! ^veSOWJ9Hi i I ^V PleQI4::lJV. , I i i ^V uewlI9H! 1 i i i i lS U8!19UJe:::li i i ! ,-.-.-... ! ".-1 '---.-., .-.-.-,:; a:: Q) '0 ;gj J: .........~ .,..' --1 '0 .~ ,0::: ,. Q) .".-.-,.-.... :5 ~ Q) m ~ m ,.,. 4/1'-",. ,~ ......- C/) r::: C1l >- r::: C1l m '..... (J) .r. ..... m ...... :c o o u. Ii: ~ g <{ <{~~~ :ll~~~ -= ~ ~ e (I)<l:<l:<l: 't"'""Ecc QG>G>G> 'EE E MQ)Q)Q) :~o>>> 'a05C18.8.8. cil'NEEE jl~888 ~ /.,~ 1 co . V pJef..9U!^ i i i i i I .....^V 9^OJE) (J) .s:::. co ~N'" Q) Q) Q) c C c: ~~~ CJI ~ ~~ =: o LO C\I o o en .s:::. ~ ^vepUeM!l3 ^V J9lS94::l0~ ^V U9>1!11!VII ^V U9^eH ^V eSOWJ9H ^V PleQ!4::lJV .....-:,. ~^V UeWII9H .r. ~ ~; ~E ~~ ~~~~~~ ~~.~ 1"2 ~~o ~f~~~~~'~~~ rC8.~"'>8~~~g.~~:li ~Io~ce~ Q.:J~..~:J~ .~ D.g ~18~~.;li~~H ~.~ .e;&! "'~~ ~l2i~":fl~r C~;~l5~~oca:!~~a~~ 5 ~ o,g e ~ a5 ~.9:J 4) r!'~ I; =".l!c~j o.Eg 0 j8~~in~H~P~:S .S o,g g. E c:a.5 g:= ~ a ~ >-! .2 g ~ .. 8 'i.!! j:a g ~~ ~ ~ l~~f~~ij~~i 8i~~ z _..g,~c~".~j;'O C)5'~:Jgsli~=5!!1Il~8 ~ 4) &~ .~;, o.~~~!si.~ sg;o.!! ~~ ~~i'-.i1ij~~~ ~ 8' ~ ~ i [l! ~"O i ~'5 a K ~ ri~ ~ ~ " B g~ 1i i ~ g,~.~ ~ ~5g~~Hd~ti~ilP ~ ~-ri ~~~ili la!~ ~ 71'1 THE C I T Y o F ANCIIO UCAMONGA StaffReport DAlE: TO: FROM: BY: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Supervisor APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO.2 ZONES 1 & 2 ), SERIES 2003-B. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No, 2003-01 (Improvement Area No.2 Zones 1 & 2), Series 2003-A. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds, BACKGROUND/ANALYSIS On February 19, 2003, an election was held and the property owners within the boundary of Community Facilities District No, 2003-01 (Improvement Area No.2), Series 2003-B authorized the district to incur bonded indebtedness in the principal amount of $2,855,000. On March 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax, and on May 21, 2003 approved Resolution No. 03-125 authorizing the issuance of bonds, The District consists of approximately 229 gross acres, of which 82 acres are designated as Improvement Area No.2 (Zones 1 & 2). The District boundary is located in the eastern part of the City generally west oflnterstate 15, south of Church Street, north of Arrow Route and east of Southern California Edison easement corridor from Arrow Route north, to Foothill Boulevard and Day Creek Boulevard from Foothill Boulevard north, to Church Street. The District is located within the Victoria Community Plan ofthe City. 775 Page 2 June 7, 2006 City Council Staff Report CFD 2003-0 I (Improvement Area No, 2, Zones 1 & 2) Bonds were issued on August 20, 2003 to share in the provision of funds for the acquisition and construction of certain public street improvements, storm drain and flood control and water and sewer improvements to serve property located within the District and a cultural center to be owned by the City, which will include a performing arts center, public library and banquet hall/meeting room. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life ofthe bonds. Respectfully submitted, ~ Lawrence 1. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map .7,7' RESOLUTION NO. ()fo - I ~ 2. A RESOLUTION OF THE ,CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ES.TABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2003-01 FOR FISCAL YEAR 2006-2007 (IMPROVEMENT AREA NO.2 ZONES 1 & 2), SERIES 2003-B Recitals WHEREAS, by its Resolution No. 03-031, adopted on February 19, 2003, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") and established within the District improvement areas designated Improvement Area No.2, Zones 1 & 2 (the "Improvement Area"); and WHEREAS, at an election held on February 19, 2003, the qualified electors of the Improvement Area No.2, Zones 1 & 2 unanimously approved the levy of a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 699 (the "Ordinance"), adopted on March 3,2003 the City Council authorized the levy of the Special Taxin accordance with the Act; and WHEREAS, on August 20, 2003, the District delivered its $2,855,000 City of Rancho Cucamonga Community Facilities District No. 2003-01 Improvement Area No.2, Zones 1 & 2 Special Tax Bonds Series 2003-B (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of July 1, 2003 by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area No.2, Zones 1 & 2 for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Year 2006- 2007 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2006-2007 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2006-2007 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. 777 SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2006-2007 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance ofthis legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; . B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D, Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 71~ PASSED, APPROVED, and ADOPTED this day of June 2006. William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006. Executed this day of June 2006, at Rancho Cucamonga, California. Debra J. Adams, CMC, 779 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO.2, ZONES 1 & 2) SERIES 2003-B EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2006/2007. CLASSIFICATION OF PARCELS Improvement Area No.2 Each Fiscal Year, all Taxable Property within Zone 1 and Zone 2 ofCFD No. 2003-01 (IA No.2) shall be classified as Developed Property or Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE 1. 1. ZONE 1 a. Zone 1 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 1 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No.2) shall equal $2,799 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 7SlJ of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No, 2003-01 (IA No.2) shall equal $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No.2) shall be $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 2. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup . Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No.2) shall equal $8,480 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. 781 (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No.2) shall equal $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No. 2003-01 (IA No, 2) shall be $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone 1 Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to 100% ofthe Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one 7~l (above) when the Council no longer must levy a Special Tax in Zone 1 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No.2) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No.2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 2. ZONE 2 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 2 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zo~e 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No.2) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No.2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. E. EXEMPTIONS 1. ZONE 1 No Special Tax shall be levied on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. 78.9 ---^v-epueMii3 P^IS >IaaJ~ I\e ~r:Q C:;>CI) ~ ,Q) .....,t: QQ) C'lCI) ..... ,U i:: .... I!!! 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(/)^V ueWllaH .s:::. ~ i =~! ~~ ~~~~~~ ~~.~ h g~'O 8.~g>!d~e~~ l'II'Egas ::l~l3o~o t:g" Holl h;:-8 ~~~~,,~:l! ~a.fiE'i-li~~iob~8~ ~ec!!E8-gc-'-~=~ i; J1 ~&!"'~" i&!~g. ,~e~ c~o ~ <S~-go Ii'; i~a 1'1I.8 c~c 1II._~ ti CG c~ 5~O,g~:USo~s 4l~'~~ ~ B 0 _ c ~ :$ 0 E ,0 0 ~8~ ~h e~n~ ~~r5 :5 ~,g a. E .:a.!: i ~ t <s 8 ~~ uOt'\l~8.f;l/Ie:ao~ct1'C i~~hj:g~~~~lg@;8. ~';~5~g,ici:~i~~~ CDo 0 ~ 2 S lB ~:: ~ i).! t'II c B -goig ."Q...~:;.ij~'ie:t'\I~ ~5 "'n 8~ ~"".e~.= ~'!! .'!l~ '0._ 5;.' o~~ -~]!.l!~ ~g>H~!l.l; ~~~~~ g h .2i3...);l)cc.eCc'ot'II:p Q K~~g.:,~,g.s;5~i~~i ~~gnH~';I:il.fi 8~ ~li~~ 8~~ili ~~!~ i 7g,/ StaffReport DATE: TO: FROM: BY: SUBJECT: June 7, 2006 Mayor and Members of City Council Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Supervisor APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) OPERATION AND MAINTENANCE OF PARKS AND P ARKW A YS. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2000-03 (Rancho Summit). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay for the operation and maintenance of parks and parkways. BACKGROUND/ANAL YSIS On August 16,2000 approved Resolution No. 00-149 and established Community Facilities District No. 2000-03. On October 11,2000 the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On July 6, 2005, the City Council adopted Ordinance No, 744 approving the levy of the special tax. On each July 1, commencing on July 1, 2006, the Maximum Special Tax for Developed Property shall be increased based on the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year. The District was authorized to finance park improvements including clearing and grading of park sites, park hardscape and restrooms, street improvements and parkway hardscape landscaping of parks and parkways and park equipment with a useful life of five (5) years or 19S Page 2 June 7, 2006 City Council Staff Report CFD 2000-03 more. The District is located south of Summit Avenue on the east and west sides of Wardman Bullock Road. The special tax shall be levied as long as necessary to meet the Special Tax Requirement for Services. Respectfully submitted, ~ Lawrence 1. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map 78h RESOLUTION NO. {)fr,'" I g 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "B" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007 TO FINANCE THE OPERATION. OF AND MAINTENANCE OF PARK AND P ARKW A YS. Recitals WHEREAS, by its Resolution No. 00-190 adopted on September 20,2000 the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act"), established City of Rancho Cucamonga Community Facilities District No. 2000- 03 (Rancho Summit) (the "District"); and WHEREAS, at an election held on October 11, 2000 the qualified electors of the District unanimously approved the levy of a special tax (the "Special Tax 'B"') pursuant to the rate and method of apportionment thereof for the purpose of financing the operation and maintenance of parks and parkways within the District; and WHEREAS, in 2005 the City Council initiated proceeding to modify the Rate and Method; and WHEREAS, on June 15,2005, the City Council submitted the proposed modifications to the Rate and Method to the qualified electors of the District; and WHEREAS, on the same day, the qualified electors of the District voted unanimously to authorize the modifications to the Rate and Method (the Rate and Method as modified, the "Amended and Restated Rate and Method"); and WHEREAS, the City Council subsequently enacted Ordinance No. 755 (the "Ordinance") which became effective on August on August 5, 2005, to authorize the levy of Special Tax "B" pursuant to the Amended and Restated Rate and Method; and WHEREAS, the Act provides that the City Council may provide, by resolution, for the levy of Special Tax "B" for any future tax year; and WHEREAS, the City Council desires to provide for the levy Special Tax "B" for Tax Year 2006-2007 pursuant to the Ordinance. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 7"<6'7 SECTION I: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the Special Tax "B" to be collected for Fiscal Year 2006-2007 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of Special Tax "B" shall be used, in whole or in part, for the following: A. Payment of costs and expenses of the operation and maintenance of authorized parks and parkways and incidental expenses pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating reserve for the costs of the operation of authorized. parks and parkways; C. Payment of a proportionate share of Administrative Expenses as such tern is defined in the Modified Rate and Method The proceeds of Special Tax "B" shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special Tax "B" shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel ofland effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of Special Tax "B," and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 7g8 Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2006. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006. Executed this day of June 2006, at Rancho Cucamonga, California. DebraJ, Adams, CMC, 789 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 200612007. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within CFD No. 2000-03 shall be assigned to a Zone and further classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Amended and Restated Rate and Method of Apportionment determined pursuant to Sections A and B below. Residential Property shall be assigned to Land Use Classes 1 through 10 and Non-Residential Property shall be assigned to Land Use Class 11. The Maximum Special Tax for Residential Property shall be based on the Residential Floor Area of the dwelling unites) located on the Assessor's Parcel. The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. A. MAXIMUM SPECIAL TAX 1. Developed Property (a). Maximum Special Tax The Maximum Special Tax B for each Land Use Class of Developed Property is shown in the Table below. (b), Assigned Special Tax B The Fiscal Year 2006-2007 Assigned Special Tax B for each Land Use Class is shown in the Table below. 7C}l> Assigned Maximum Special Tax B for Developed Property in City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) Fiscal Year 2006-2007 Land Use Description , Residential Floor Assessors Parcel Numbers Amount Class Area 7 Residential Property 2,850 - 3,049 s.f. 22643201 - 56 $ 945.00 22644401 - 37 (c). Increase in the Assigned Maximum Special Tax B On each July 1, commencing on July 1,2006, the Maximum Special Tax B listed in the Table above shall be increased based on the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year. (d),Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a). Maximum Special Tax B The Fiscal Year 2006-2007 Maximum Special Tax B for Undeveloped Property in Zone 1 or Zone 2 shall be $4,683 per Acre or portion thereof. Taxable Public Property and Taxable Property Owner Association Property shall not be subject to a Maximum Special Tax B. 79/ (c). Increase in the Maximum Special Tax On each July 1, commencing on July 1, 2006, the Maximum Special Tax B for Undeveloped Property identified in Section C.2.(b). above shall be increased based on the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year. B. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. Special Tax B Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax B until the total Special Tax B levy equals the Special Tax Requirement for Services. The Special Tax B shall be levied each Fiscal Year as follows: First: The Special Tax B shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% ofthe applicable Maximum Special Tax B; Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, which as of January 1 of the previous Fiscal Year was located within a Final Subdivision, at up to 100% of the Maximum Special Tax B for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement for Services after the second step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, which as of January 1 of the previous Fiscal Year was not located within a Final Subdivision, at up to 100% of the Maximum Special Tax B for Undeveloped Property; C. EXEMPTIONS 1. Special Tax B No Special Tax B shall be levied on Public Property and Property Owner Association Property in Zone 1 and/or Zone 2. D. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2000-03. 712 The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The Council may interpret this Amended and Restated Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. E. MANNER OF COLLECTION The Special Tax B will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2000-03 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. F. PREPAYMENT OF SPECIAL TAXB The Special Tax B may not be prepaid. G. TERM OF SPECIAL TAX The Special Tax B shall be levied as long as necessary to meet the Special Tax Requirement for Services. 793 ~ C) . C) C) C) C\I ..... '(.) '!'Ioo .ti I!!! 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Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Supervisor APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2000-03 (Rancho Summit). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. BACKGROUND/ANAL YSIS On October 11, 2000 an election was held and the property owners within the boundary of Community Facilities District No. 2000-03 authorized the district to incur bonded indebtedness in the principal amount of $9,835,000. On July 6, 2005, the City Council adopted Ordinance No. 744 approving the levy of the special tax, and on September 21,2005 approved Resolution No. 05-278 authorizing the issuance of bonds. The District was authorized to finance park improvements including clearing and grading of such park sites, park hardscape and restrooms, street improvements and parkway hardscape landscaping of parks and parkways and park equipment with a useful life of five (5) years or more, The District is located south of Summit Avenue on the east and west sides of Wardman Bullock Road. Bonds were issued on September 1, 2005 to share in the provlslOn of funds for the acquisition and construction of certain public facilities, park and parkways improvements to serve property located within the District. jQS Page 2 June 7, 2006 City Council Staff Report CFD 2000-03 This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds, Respectfully submitted, ~ Lawrence 1. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map 110 RESOLUTION NO. oro -I g t/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2006-2007 Recitals WHEREAS, by its Resolution No. 00-190 adopted on September 20,2000 the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act"), established City of Rancho Cucamonga Community Facilities District No. 2000- 03 (Rancho Summit) (the "District") and authorized, subject to the approval of the qualified electors of the District, the levy of a special tax ("Special Tax' A''') pursuant to the rate and method of apportionment thereof (the "Rate and Method") for the purpose of financing the acquisition or construction of certain authorized public facilities; and WHEREAS, at an election held on October 11, 2000 the qualified electors of the District unanimously approved the levy of Special Tax "A" pursuant to the Rate and Method; and WHEREAS, in 2005 the City Council initiated proceeding to modify the Rate and Method; and WHEREAS, on June 15,2005, the City Council submitted the proposed modifications to the Rate and Method to the qualified electors of the District; and WHEREAS, on the same day, the qualified electors of the District voted unanimously to authorize the modifications to the Rate and Method (the Rate and Method as modified, the "Amended and Restated Rate and Method"); and WHEREAS, the City Council subsequently enacted Ordinance No. 755 (the "Ordinance") which became effective on August on August 5, 2005, to authorize the levy of Special Tax "A" pursuant to the Amended and Restated Rate and Method; and WHEREAS, the Act provides that the City Council may provide, by resolution, for the levy of Special Tax "A" for any future tax year; and WHEREAS, the City Council desires to provide for the levy Special Tax "A" for Tax Year 2006-2007 pursuant to the Ordinance. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. 711 SECTION 2: That the specific rate and amount of the Special Tax "A" to be collected for Fiscal Year 2006-2007 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of Special Tax "A" shall be used, in whole or in part, for the following: A. payment of debt service on all outstanding bonds issued for the District due in calendar year 2007; B. payment of a proportionate share of administrative expenses related to the bond and the District; C. payment of any amounts required to replenish the reserve fund established for the bonds; and D. payment for reasonably anticipated Special Tax "A" delinquencies based on the delinquency rate for Special Tax "A" in the preceding tax year. The proceeds of Special Tax "B" shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special Tax "B" shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel ofland effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of Special Tax "B,'"and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 118 Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2006. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2006. Executed this day of June 2006, at Rancho Cucamonga, California. Debra J. Adams, CMC, 791) Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 EXHIBIT" A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2006/2007. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within CFD No. 2000-03 shall be assigned to a Zone and further classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Amended and Restated Rate and Method of Apportionment determined pursuant to Sections A and B below. Residential Property shall be assigned to Land Use Classes 1 through 10 and Non-Residential Property shall be assigned to Land Use Class 11. The Maximum Special Tax for Residential Property shall be based on the Residential Floor Area of the dwelling unites) located on the Assessor's Parcel. The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. A. MAXIMUM SPECIAL TAX 1. Developed Property (a). Maximum Special Tax The Maximum Special Tax A for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax A or (ii) the amount derived by application of the Backup Special Tax A. (b). Assigned Special Tax A The Fiscal Year 2006-2007 Assigned Special Tax A for each Land Use Class is shown below in the Table below ~ Of) Assigned Special Tax A for Developed Property in City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) Fiscal Year 2006-2007 Land Use Description Residential Floor Assessors Parcel Numbers Amount Class Area 4 Residential Property 2,250 - 2,449 s.f. 22643209,37,50 $ 2,046.00 22644414,21,25 22645205 5 Residential Property 2,450 - 2,659 s.f. 22643202,05,07,11,13-15 $ 2,061.00 22643218,20,22,24,25,28, 22643230,32,34,35,39,43, 22643245,48,51,52,55 22644401,03,05,07,09,10 22644412,13,16,18,23,27,31 22645201,03 6 Residential Property 2,650 - 2,849 s.f. 22643204,08,12,16,26,29,36 $ 2,235.00 22643238,40,42,47,49,53,56 22644402,04,11,15,19,24,28 22644430,32 7 Residential Property 2,850 - 3,049 s.f. 22643201,03,06,10,17,19,21 $ 2,462.00 22643223,27,31,33,41,44,46 22643254, 22644406,08,17,20,22,26,29 22645202,04 Non-Residential 11 Property N/A 22610223 $185,226.59 (c). Assigned Special Tax A The Fiscal Year 2006-2007 Assigned Special Tax A, identified in the Table above, shall not be subject to change and shall therefore remain the same in every Fiscal Year. <6b} (d). Backup Special Tax A The Fiscal Year 2006-2007 Backup Special Tax A for an Assessor's Parcel of Developed Property in Zone 1 shall equal $9,601 per Acre or portion thereof. The Fiscal Year 2006-2007 Backup Special Tax A for an Assessor's Parcel of Developed Property in Zone 2 shall equal $14,824 per Acre or portion thereof. The Backup Special Tax A applicable to Zone 1 or Zone 2 shall not be subject to change and shall therefore remain the same in every Fiscal Year. (e). Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a). Maximum Special Tax A The Fiscal Year 2006-2007 Maximum Special Tax A for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property in Zone 1 or Zone 2 shall be $14,824 per Acre or portion thereof. (b). Maximum Special Tax The FiscaJ Year 2006-2007 Maximum Special Tax A for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall not be subject to change and shall therefore remain the same in every Fiscal Year. <6b2- B. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Facilities and shall levy the Special Tax A until the total Special Tax A levy equals the Special Tax Requirement for Facilities. The Special Tax A shall be levied each Fiscal Year as follows: First: The Special Tax A shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax A; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax A for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax A on each Assessor's Parcel of Developed Property in Zone 1 and Zone 2 whose Maximum Special Tax A is determined through the application of the Backup Special Tax A shall be increased in equal percentages from the Assigned Special Tax A up to the Maximum Special Tax A for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to the Maximum Special Tax A for Taxable Public Property and Taxable Property Owner Association Property. Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax A in step one (above), when (i) the Council is no longer required to levy the Special Tax A pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized Bonds have already been issued or the Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to be supported by the Special Tax A. Further notwithstanding the above, under no circumstances will the Special Tax A levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2000-03. cg63 C. EXEMPTIONS 1. Special Tax A No Special Tax A shall be levied on up to 21.88 Acres of Public Property and/or Property Owner Association Property in Zone I and up to 38.41 Acres of Public Property and/or Property' Owner Association Property in Zone 2. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Property Owner Association Property, its tax-exempt status will be revoked. Public Property or Property Owner Association Property that is not exempt from the Special Tax A under this section shall be subject to the levy ofthe Special Tax A and shall be taxed Proportionately as part of the fourth step in Section D.1 above, at up to 100% of the applicable Maximum Special Tax A for Taxable Public Property or Taxable Property Owner Association Property. D. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2000-03. The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The Council may interpret this Amended and Restated Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. E. MANNER OF COLLECTION The Special Tax A will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2000-03 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. F. PREPAYMENT OF SPECIAL TAXA "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax A obligation <t tJ -if applicable to an Assessor's Parcel in CFD No. 2000-03 may only be prepaid after all authorized Bonds have already been issued, or after the Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to be supported by the Special Tax A levy under this Amended and Restated Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax A may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if'there are no delinquerit Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax A obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Special Tax A Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus less less Total: equals Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Special Tax A Prepayment Amount (defined below) shall be calculated as follows: Parat!raph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax A and Backup Special Tax A for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Assigned Special Tax A and Backup Special Tax A for the Assessor's Parcel to be prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax A computed pursuant to paragraph 2 by the total estimated Assigned Special Tax A for CFD No. 2000-03 based on the Developed Property Special Tax A which could be charged in the current Fiscal Year on all expected development in CFD No. 2000-03, excluding any Assessor's Parcels for which the Special Tax A has been prepaid, and ~~s (b) Divide the Backup Special Tax A computed pursuant to paragraph 2 by the total estimated Backup Special Tax A which could be charged in the current Fiscal Year on all expected development in CFD No. 2000-03, excluding any Assessor's Parcels for which the Special Tax A has been prepaid. 4.' Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price-100%), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium"). 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date not covered by the current Fiscal Year Special Tax A levy until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Tax A levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 8. Add the amounts computed pursuant to paragraphs 6 and 7. 9. Compute the net present value of the amount computed pursuant to paragraph 8, using as a discount rate the rate of return reasonably assumed for the conservative investment of these funds by the CFD Administrator (the "Defeasance Amount"). 10. The administrative fees and expenses of CFD No. 2000-03 are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the"Administrative Fees and Expenses"). 11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture). <6bh 12. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first bond interest and/or principal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the "Capitalized Interest Credit").' ' 13. The Special Tax A prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9 and 10, less the amounts computed pursuant to paragraphs 11 and 12 (the "Prepayment Amount"). From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 9, 11 and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Previously Issued Bonds, as applicable, or make scheduled debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2000-03. The Special Tax A Prepayment Amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax A levy as determined under paragraph 7 ( above), the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax A obligation is prepaid in full in accordance with this Section, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment ofthe Special Tax A and the release ofthe Special Tax A lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax A shall cease. Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Tax A that may be levied on Taxable Property within CFD No. 2000-03 (after excluding 21.88 Acres of Public Property and/or Property Owner Association Property in Zone 1 and 38.41 Acres of Public Property and/or Property Owner Association Property in Zone 2 as set forth in Section C) both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Previously Issued Bonds, plus the Administrative Expenses. ~tJ7 G. TERM OF SPECIAL TAX The Special Tax A shall be levied for a period not to exceed fifty years, provided however that the Special Tax A will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all required interest and principal payments on the Bonds have been paid. ~~g ~ <::) . <::) <::) <::) C'I ..... 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'tl~(ll c .g~O:g~$9U~sa~:g'~ :;:I1JQ)~C '0 E.2 0 ~8;:: ~]l;tl~n~ ~.~p ~!2~ ~~t-:~.5~~'2 ~ ~~! ts(llOV8'=I!'I~'--l!.r::: -c- ~!iE": e~~~g(lla~~c :i"'.eE~1! C1?,Ss ~ ~ @c=.8. "''0 C (II"':J ",~.~..c,g l:S Q)....:J g i ~ ~ g,g 'E ~m ~ ~Q CDS ~ 3 (II 9 ~ ~ = ~ ~ ~ ~ ~ ~ '2 Q) g "'i.... Q."S1J"-:;;:'G):::::"~ ~ (Il~~lI)lS:g~cS?="8=... 'ai .a o~ C'> I'U,O;l:! ~1'U"ii2'> l;; 1'U'5~C1.~e.....:g~(I')~..c: e 'C :3 S.~ a C1.2 E 'E ~ ~ : g CI. ~ u)~~o$gg.eI'U'I'U'3alu.Q~ ~- l!! C ~1616.s >oc C C ~1U E~,g~iEE'iij~~~~~E8. !~~~ 8~~~ ~~~a~~ ~ <6b THE C I T Y o F ANCIIO UCAMONGA StaffReport DATE: TO: FROM: SUBJECT: June 7, 2006 Mayor and Members of the City Council Jack Lam, AICP, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager AUTHORIZATION OF THE ISSUANCE OF THE CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIW ANDA EST A TES) 2006 SPECIAL TAX BONDS AND APPROVAL OF THE FORMS OF THE FISCAL AGENT AGREEMENT, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER TRANSACTIONAL DOCUMENTS. RECOMMENDA nON: It is recommended that the City Council, acting in its capacity as the legislative body of Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District"), adopt the resolution (the "Resolution of Issuance") to authorize the issuance of bonds for the District to finance the acquisition or construction of certain authorized public improvements and to approve the form of a Fiscal Agent Agreement, Bond Purchase Agreement, Preliminary Official Statement and Continuing Disclosure Agreement pertaining to such bonds. BACKGROUND: The District - Formation; Authorized Improvements; Status of Ownership. The District was formed by the City on September 15, 2004, following a public hearing on such date. Following the formation of the District, the City conducted an election within the District and the qualified electors of the District voted unanimously to authorize the issuance of bonds in a maximum principal amount of $45,000,000 to be secured by the levy of special taxes within the District. ~/{) Page 2 June 7, 2006 The improvements authorized to financed from the proceeds of such bonds include: (a) Day Creek Boulevard - grading, storm drain, sewer, water, dry utilities, streets and landscaping; (b) Etiwanda Avenue - grading, sewer, water, dry utilities, streets and landscaping; (c) Cucamonga Valley Water District ("CVWD") reservoir transmission main; (d) storm drain facilities including the northern property line storm drain and the Etiwanda Avenue storm drain: (e) park facilities; (f) equestrian facilities; (g) school facilities to be owned by the Etiwanda School District and by the Chaffey Joint Union High School District; (h) water and sewer facilities to be owned by CVWD which are authorized to be financed from the proceeds of capacity charges levied by CVWD; (i) flood control facilities to be owned by the San Bernardino County Flood Control District; and (j) open space to be owned by the County of San Bernardino. On September 15, 2004, the City Council also approved an Acquisition/Financing Agreement by and between the City and Chin Yun Yeh Chuang to establish, among other provisions, the terms and conditions pursuant to which the special tax bonds would be issued and pursuant to which the proceeds of such bonds would be utilized to acquire or construct the authorized improvements. The City has also entered into Joint Community Facilities Agreements with each of the other public agencies which will own improvements to be financed through the District. The District consists of approximately 250 acres of land currently under development located along the northeastern portion of the City and is comprised of Tracts 16226, 16226-1, 16226- 2, 16227, 16227-1 and 16227-2. When the District was originally formed in 2004 Chin Yun Yeh Chuang, a citizen and resident of Taiwan ("Ms. Chuang" or the "Developer"), owned all of the property within the District. Ms. Chuang retained the property development services of BCA Development Inc., a California corporation ("BCA Development"). BCA Development is the master developer and executive construction manager and is responsible for preparing each tract for sale to merchant homebuilders. As of June I, 2006, Tract 16226, was purchased from the Developer on May 7, 2006 by Rancho Estates at Etiwanda AF 37, LLC ("Rancho Estates") which is managed by Van Daele Communities LLC ("VDC"). V an Daele intends to develop such tract into 70 single family homes within Tract 16226. Tract 16226-1 was purchased from the Developer by Rancho Properties, LLC ("Rancho") on April 27, 2006. Tract 16226- I is currently owned by Regent Land Investment, LLC ("Regent") which has entered into a Construction Agreement and Option Agreement with K. Hovnanian Forecast Homes, Inc. ("Forecast Homes"). Under this agreement, Forecast Homes intends to construct 97 single family homes within Tract 16226-1. Tract 16227 was sold by the Developer to K. Hovnanian Companies of California ("KHCSC"). Tract 16227 is currently owned by Lo Land Assets, LP ("Lo Land") which has entered into a construction and option arrangement with K. Hovnanian at Sage, LLC ("KHS"). KHS intends to construct III single family homes within Tract 16227. SCC-Canyon purchased Tract No. 16227-1 and concurrently entered into a construction and option arrangement with Meritage Homes. Under this arrangement,!, Meritage Homes intends to construct 145 single family homes within Tract No. 16227-1. Tract No. 16227-2 is in escrow to Lennar Homes of California, Inc., a California corporation ~ll Page 3 June 7, 2006 ("Lennar"), which expected to close by August 2006. Lennar intends to construct 114 single family homes within Tract No. 16227-2. The remaining tract, Tract No. 16226-2, is currently being marketed to interested merchant homebuilders. BCA Development anticipates Tract No. 16226-2 will be developed into 70 single family homes. The Proposed Special Tax Bonds. The City Council is now being asked to adopt the Resolution of Issuance to approve the issuance of not to exceed $45,000,000 City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds (the "Bonds") to finance the acquisition and construction of the authorized improvements. The Bonds will be secured solely from the proceeds of special taxes levied within the District pursuant to the rate and method of apportionment of the special taxes. Neither the faith and credit nor the general taxing power of the City is pledged to the payment of the Bonds. The Resolution of Issuance. By adoption of the Resolution of Issuance the City Council will be: . Authorizing the issuance ofthe Bonds in a principal amount not to exceed $45,000,000; . Approving the form of the following documents related to the issuance, sale and delivery of the Bonds: o Fiscal Agent Agreement (the "Fiscal Agent Agreement") by and between the City, for and on behalf of the District, and Wells Fargo Bank, National Association (the "Fiscal Agent"); o Preliminary Official Statement; o Bond Purchase Agreement by and between the City and Stone & Youngberg LLC (the "Underwriter"); and o Continuing Disclosure Agreement by and between the City, on behalf of itself and the District, and the Fiscal Agent, as dissemination agent (the "Continuing Disclosure Agreement"). . Delegating to the City Manager the authority to approve the final form of the foregoing documents (collectively, the "Bond Documents") with such additions therein or changes as the City Manager may deem necessary and advisable and to execute the Bond Documents for and on behalf of the City and the District. . Authorizing the sale of the Bonds to the Underwriter so long as the terms of such sale conform to the following financial parameters: ~'12 Page 4 June 7,2006 c The aggregate principal amount of the Bonds shall not exceed $45,000,000; c The annual interest rate on the Bonds shall not exceed 6%; and c The purchase price to be paid by the Underwriter for the Bonds shall not exceed 98% of the par amount of the Bonds, e.g., if the par amount of the Bonds is $45,000,000 and the purchase price is 98%, the Underwriter will pay the City $44, I 00,000 for the Bonds. Description of the Bond Documents. The. Bond Documents are on file in the office of the City Clerk and are available for inspection and review during normal business hours of such office. The following is a brief description of the Bond Documents: · Fiscal Agent Agreement. The Fiscal Agent Agreement establishes the terms and conditions pursuant, to which the Bonds will be issued and subsequently administered. Among other terms and conditions the Fiscal Agent Agreement: c Sets forth the maturity schedule and interest rates applicable to the Bonds; c Establishes various funds and accounts to be held by the Fiscal Agent into which the proceeds of the Bonds and the special taxes will be distributed and establishes the terms and conditions pursuant to which such funds are to be transferred to, among other purposes, pay (a) the costs of issuance of the Bonds, (b) debt service on the Bonds, (b) the purchase price for' the acquisition of the authorized improvements, (c) the costs of administration of the Bonds and the District; c Sets forth covenants of the City necessary to, among other purposes, maintain the tax -exempt status of the Bonds and insure that adequate special taxes are levied annually to pay scheduled debt service on the Bonds. · Bond Purchase Agreement. The Bond Purchase Agreement establishes the terms and conditions pursuant to which the City will offer to sell and the Underwriter will offer to purchase the Bonds. The Bond Purchase Agreement will be finalized and executed on the day on which the Bonds are priced, i.e., the day on which the City staff, with the assistance of Fieldman Rolapp & Associates, the City's financial advisor, and the Underwriter negotiate and agree upon the final principal amount of the Bonds, the principal amount of the Bonds to mature each year, the interest rates payable on Bonds the purchase price to be paid for the Bonds by the Underwriter. The schedule contemplates that the Bonds will be priced on June 15, 2006. · Preliminary Official Statement. The Preliminary Official Statement is the offering document and is required to contain all relevant and material information necessary to enable a prospective purchaser of the Bonds to make an informed decision to purchase or Rl3 Page 5 June 7, 2006 not to purchase the Bonds. The Preliminary Official Statement contains, among other information, information regarding: D The District including the ownership of the property within the District, the proposed development within the District, the facilities to be financed, the projected absorption of property within the District, the appraised value of the property within the District and the cumulative tax, assessment and fee burden on the properties within the District; D The security for the Bonds; D The rate and method of apportionment of the special taxes authorized to be levied within the District; D The terms and conditions pursuant to which the Bonds will be issued and administered; D The risks that prospective purchasers of the Bonds should consider before making an investment decision. · Continuing Disclosure Agreement. The Continuing Disclosure Agreement contains the commitment by the City mandated by federal tax law to provide ongoing information to the municipal bond market regarding the Bonds and the District. The City is agreeing to provide an annual report regarding the status of the Bonds and the District and to provide additional reports in the event of the occurrence of certain specified events such as a delinquency in the payment of scheduled debt service on the Bonds, optional redemption of the Bonds pursuant to the Fiscal Agent Agreement or amendments to the Fiscal Agent Agreement. Value to Debt Ratio - Conformance with the Acquisition/Financing Agreement and Applicable Goals and Policies. The Acquisition/Financing Agreement provides that the aggregate principal amount of the Bonds shall not exceed one-fourth (1/4) of the value of the property within the District subject to the levy of special taxes as determined by an independent appraisal undertaken for the City utilizing appraisal assumptions approved by the City. The City retained the services of Bruce W. Hull & Associates, Inc. (the "Appraiser") to conduct an independent appraisal of the property within the District. The Appraiser submitted an appraisal dated May 19, 2006 in which the Appraiser estimated that the fee simple market value of the properties within the District as of May 18,2006 was $204,900,000. Based upon this appraisal, the principal amount of the Bonds will exceed one-fourth (114) of the value of the property in the District. Therefore, the proposed issuance of the Bonds does conform to the terms of the Acquisition Agreement. In addition, the value to debt ratio of 4.86: I also complies with the requirements of the Act, the City's Goals and Policies that were in effect at the time the District was formed and which are applicable to the District and, although not applicable to this District, with the requirements ofthe City's Amended and Restated Goals and Policies. ~ltf Page 6 June 7,2006 The Escrow Fund - The Flood Map Issues Tract 16227-2 is currently located within the Zone D special flood area as designated by the Federal Emergency Management Agency ("FEMA"). As a result, a condition precedent to the issuance of certificates of occupancy for all lots located within Tract 16227-2 has been imposed by the City which requires that such tract be reclassified by FEMA to Zone X. In order that such tract may be reclassified as Zone X, the certain flood control improvements must be installed and such improvements must be approved by FEMA. BCA Development anticipates that such improvements will be installed and approved and the letter of map revision ("LOMR") reclassifying the tract as Zone X will be issued by FEMA on or about October I, 2006. No assurance can be made, however, that the LOMR will be issued by FEMA within this anticipated time frame and until such a LOMR is received by the City, no occupancy of homes within such tract will be permitted. As a result of the prohibition on the occupancy of homes within Tract 16227-2 until the LOMR reclassifying such property as Zone X is received, the City's financing team has recommended that a portion of the Bond proceeds be initially deposited in an Escrow Fund. The portion of the proceeds to be deposited in the Escrow Fund will be based upon the amount necessary to redeem Bonds and reduce the principal amount of the Bonds outstanding to an amount that can be paid for from the special taxes that can be levied within the District except for Tract 16227-2. These funds will be held in escrow until (a) the City receives the LOMR from FEMA reclassifying Tract 16227-2 as Zone X or (b) these funds are used pursuant to the Fiscal Agent Agreement to redeem Bonds. Pursuant to the Fiscal Agent Agreement, the earliest date on which the proceeds deposited in the Escrow Fund would be used to redeem Bonds if the LOMR is not received will be March I, 2009. Additionally, the Fiscal Agent Agreement also provides that the funds on deposit in the Escrow Fund will be used to redeem Bonds in the event that the payment of the special taxes within Tract 16227-2 become delinquent prior to March 1,2009. Therefore, in the exercise of prudent financial management, the City financing team recommends the establishment of the Escrow Fund as specified in the Fiscal Agent Agreement. Developer Letter of Credit. Inasmuch as the Developer is an individual and notwithstanding the assets the Developer may possess, the Financing Team is also recommending that the Developer be required to post a letter of credit with the Fiscal Agent to provide additional security for the payment of the special taxes levied on the property within the District that is still owned by the Developer. The size of the letter of credit would be equal to one year's special taxes which may be levied on the Developer's property. The letter of credit would be drawn upon in the event of a delinquency in the payment of special taxes levied on any property within the District which is owned by the Developer. The letter of credit will be released when the property within the District that is owned by the Developer will be subject to less than 20% of the aggregate special taxes authorized to be levied within the District. &"15 Page 7 June 7,2006 Staff will be prepared to answer specific' questions, which the City Council may have regarding the proposed issuance of the Bonds, the Bond Documents and/or the Resolution of Issuance. Respectfully submitted, C/.;.- ~~ An~~BU~ -- ~. GIS/Special Districts Manager ~acS Eodw Pamela S. Easter Deputy City Manager Attachments: Resolution Fiscal Agent Agreement Bond Purchase Agreement Preliminary Official Statement ~lk ." , ,. MEMORANDUM CITY CLERK'S OFFICE Date: June 7, 2006 To: Mayor and Members of the City Cou Jack Lam, AICP, City Manager From: Debra J. Adams, CMC, City Clerk Subject: CITY COUNCIL AGENDA ITEM H13 The attached documents are being provided to you as part of Resolution No. 06-185 (Agenda item H13). Citystaff and the consultants will be prepared to respond to any questions the Council may have regarding this. Message Page 1 of2 Adams, Debbie From: Warren B. Diven [WarrenDiven@bbklaw.com] Sent: Wednesday, June 07,200611 :39 AM To: Adams, Debbie; Bruce, Ingrid Cc: Easter, Pam; Jim Fabian; Jim Cervantes; Kyle A. Snow Subject: City Council Agenda Item 13 - Rancho Cucamonga CFD No. 2004-01 2006 Special Tax Bonds Importance: High Debbie and Ingrid, We recommend that copies of the Preliminary Official Statement, Fiscal Agent and Bond Purchase Agreement be provided to each City Council member prior to the City Council meeting. They should be accompanied by a note indicating that they are the documents which will be approved by the adoption of Resolution No. 06-185 and that the City Staff and consultants will be prepared to respond to any questions which the City Council may have regarding the documents. During the presentation of the staff report Ingrid should indicate that the financing documents have been on file in the City Clerks office since date and that copies of the documents were provided to the City Council members prior to the meeting. Ingrid should also specifically ask if any council member has any questions regarding the documents. If there are no questions or the questions that are asked are answered to the satisfaction of the City Council then we would be comfortable moving forward with the adoption of the resolution of issuance. If, on the other hand, any council member indicates that he or she has not had sufficient time to review the documents then we will recommend that the matter be continued to the next City Council meeting date. On a going forward basis, if the City staff would prefer not to include the bond documents in the City Council agenda package we would recommend that the documents be distributed to the City Council under separate cover. This separate distribution should occur not later than the distribution of the City Council agenda package. The staff report should reflect the fact that the documents have or will be distributed to the City Council under separate cover and that additional copies of the documents are also on file in the City Clerk's office and are available during business hours for review by the City Council or any member of the public. Please feel free to call should you have any questions regarding this e-mail. Warren Diven Best Best & Krieger LLP 655 West Broadway, 15th Floor San Diego, CA 92101 (619) 525-1337 Office (619) 233-6118 Fax warren.diven@bbklaw.com ************************************************************************************ IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any 61712006 Message Page 2 of2 . attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment) . ************************************************************************************ ************************************************************************************ This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. ************************************************************************************ 6/7/2006 RESOLUTION NO. 05- IS 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2004- 01 (RANCHO ETIW ANDA EST A TES), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF FISCAL AGENT AGREEMENT, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CDCAMONGA, CALIFORNIA (this "City Council"), did previously conduct proceedings to form and did form a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 ofthe Government Code of the State of California (the "Act"), such Community Facilities District designated as COMMUNITY FACILITIES NO. 2004-0 I (RANCHO ETIW ANDA ESTATES) (the "Community Facilities District") for the purpose of financing the acquisition or construction of certain public improvements; and, WHEREAS, as required by the Act and prior to the initiation of proceedings to form the Community Facilities District, this City Council adopted a statement of local goals and policies concerning the use of the Act entitled the "City of Rancho Cucamonga Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" (the "Goals and Policies") which Goals and Policies are applicable to the Community Facilities District and the proposed issuance of bonds for the Community Facilities District; and WHEREAS, this City Council has previously declared its intention to issue bonds to finance the acquisition or construction of such improvements, such bonds to be issued pursuant to the terms and provisions of the Act and the Goals and Policies; and, WHEREAS, at this time this City Council desires to set forth the general terms and conditions relating to the authorization, issuance and administration of such bonds; and, WHEREAS, the forms of the following documents have been presented to and considered for approval by this City Council: A. Fiscal Agent Agreement by and between the City and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent") setting forth the terms and conditions relating to the issuance and sale of bonds (the "Fiscal Agent Agreement"); B. Bond Purchase Agreement authorizing the sale of bonds to Stone & Youngberg LLC, the designated underwriter (the "Bond Purchase Agreement"); I ~17 C. Preliminary OffiCial Statement containing information including but not limited to the Community Facilities District and the bonds, including the terms and conditions thereof (the "Preliminary Official Statement"); 'and D. Continuing Disclosure Agreement by and between the City and Wells Fargo Bank, National Association, as dissemination agent, pursuant to which the Community Facilities District will be obligated to provide ongoing annual disclosure relating to the bonds (the "Continuing Disclosure Agreement"); and WHEREAS, this City Council, with the aid of City staff, has reviewed and considered the Fiscal Agent Agreement, the Bond Purchase Agreement, the Continuing Disclosure Agreement and the Preliminary Official Statement and finds those documents suitable for approval, subject to the conditions set forth in this resolution; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the bonds as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed or have been ordered to have been performed in due time, form and manner as required by the laws of the State of California, 'including the Act and the applicable policies and regulations of the City of Rancho Cucamonga. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIW ANDA ESTATES), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Determinations. This legislative body hereby makes the following determinations pertaining to the proposed issuance of the Bonds: (a) The Act authorizes the City Council, acting as the legislative body of the Community Facilities District, to sell the Bonds only if the City Council has determined prior to the award of the sale of the Bonds that the value of such properties will be at least 3 times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property within the Community Facilities District (collectively, "Land Secured Bonded Indebtedness") The value of the property within Community Facilities District which will be subject to the special tax to pay debt service on the Bonds is at least 4 times the Land Secured Bonded Indebtedness Allocable to such properties. The foregoing determination is based upon the full cash value of such properties and development areas as shown upon an appraisal ofthe subject properties prepared by 2 <618 Bruce Hull & Associates, a state certified real estate appraiser, as defined in Business and Professions Code Section 11340( c). Such determination was made in a manner consistent with the Goals and Policies. (b) The terms and conditions of the Bonds as contained in the Fiscal Agent Agreement are consistent with and conform to the Goals and Policies. (c) As a result of the current status of development of the property within the Community Facilities District and the relative overall lack of diversity of ownership of property within the Community Facilities District, the private sale of the Bonds will result in a lower overall cost to the Community Facilities District. SECTION 3. Bonds Authorized. Pursuant to the Act, this Resolution and the Fiscal Agent Agreement, special tax bonds of the City designated as "City of Rancho Cucamonga Community Facilities District No. 2004-0 I (Rancho Etiwanda Estates) 2006 Special Tax Bonds," (the "Bonds") in an aggregate principal amount not to exceed $45,000,000 are hereby authorized to be issued. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms, covenants and conditions ofthe Bonds shall be as provided in the Fiscal Agent Agreement as finally executed. SECTION 4. Authorization and Conditions. The City Manager and such other official or officials of the City as may be designated by this City Councilor the City Manager (each, an "Authorized Officer") are each hereby authorized and directed to execute and deliver the final form of the various documents and instruments described in this Resolution, with such additions thereto or changes therein as such Authorized Officer may deem necessary and advisable provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $45,000,000, an annual interest rate on the Bonds in excess of six percent (6.00%) per year and a purchase price for the Bonds not less than ninety eight percent (98%) of the par amount of the Bonds (excluding original issue discount, if any). The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of such documents or instruments by an Authorized Officer, following consultation with and review by the City Attorney and Best Best & Krieger LLP, the City's bond counsel. SECTION 5. Fiscal Ae;ent Ae;reement. The form of Fiscal Agent Agreement by and between the City and the Fiscal Agent, with respect to the Bonds as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed, subject to the provisions of Section 4 above. SECTION 6. Official Statement and Continuine; Disclosure Ae;reement. The City Council hereby approves the form of the Preliminary Official Statement as presented to this City Council and on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by the City Manager or, in the absence of the City Manager, another Authorized Officer. Pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule") the City Manager or, in the absence of the City Manager, another Authorized Officer is authorized to 3 <6)q determine when the Preliminary Official Statement is deemed final, and the City Manager or such other Authorized Official is hereby authorized and directed to provide written certification thereof. The execution of the final Official Statement, which shall include such changes and additions thereto deemed advisable by the City Manager or, in the absence of the City Manager, another Authorized Officer pursuant to the Rule, shall be conclusive evidence of the approval of the final Official Statement by the Community Facilities District. The City Council hereby authorizes the distribution of the final Official Statement by the Underwriter as the initial purchaser of the Bonds. The form of Continuing Disclosure Agreement as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed on behalf of the Community Facilities District, subject to the provisions of Section 4 above. SECTION 7. Sale of Bonds. This City Council hereby authorizes and approves the negotiated sale of the Bonds to Stone & Youngberg LLC (the "Underwriter"). The form of the Bond Purchase Agreement is hereby approved and an Authorized Officer is hereby authorized and directed to execute the Bond Purchase Agreement upon the execution thereof by the Underwriter, subject to the provisions of Section 4 above. SECTION 8. Bonds Prepared and Delivered. Upon the execution of the Bond Purchase Agreement, the Bonds shall be prepared, authenticated and delivered, all in accordance with the applicable terms ofthe Act and the Fiscal Agent Agreement, and any Authorized Officer and other responsible City officials, acting for and on behalf of the Community Facilities District, are hereby authorized and directed to take such actions as are required under the Bond Purchase Agreement and the Fiscal Agent Agreement to complete all actions required to evidence the delivery of the Bonds upon the receipt of the purchase price thereof from the Underwriter. SECTION 9. Actions. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the Community Facilities District and the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City, acting for and on behalf of the Community Facilities District, are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements, contracts, and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with the Act, this Resolution, the Fiscal Agent Agreement, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and any certificate, agreement, contract, and other document described in the documents herein approved. SECTION 10. Effective Date. This resolution shall take effect from and after its adoption. 4 9;2'() PASSED, APPROVED, And ADOPTED this AYES: NOES: ABSENT: day of William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 5 ,2006. ~'2J FISCAL AGENT AGREEMENT by and between CITY OF RANCHO CUCAMONGA and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Fiscal Agent Dated as of May 1, 2006 Relating to: $ City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds WDlVEN\324439.5 g;~ TABLE OF CONTENTS PAGE ARTICLE I. STATUTORY AUTHORITY AND DEFINITIONS............................................... 2 Section 1.1. Authority for this Agreement................................................................................. 2 Section 1.2. Agreement for Benefit of Owners of the Bonds .......................................~............ 2 Section 1.3. Definitions. ........... ............. ................ .......... .............. ............. ....... ....... ......... ......... 2 ARTICLE II. THE BONDS....... ............... ............ .......... .................... ......... ......... ......... .............. 16 Section 2.1. Principal Amount; Designation..... .......................... ....... ...... ................................ 16 Section 2.2. Terms of the Bonds... ....................... ......................... ......... ......... .................. ....... 16 Section 2.3. Redemption.......................................................................................................... 18 Section 2.4. Form of Bonds........ ............. ................ .......................... ............. ....... ....... ........... 22 Section 2.5. Execution of Bonds .................. ................ .................... ................ .... ......... ........... 22 Section 2.6. Transfer of Bonds .................. .................... ............................. ......... ......... ........... 23 Section 2.7. Exchange of Bonds ...................................... .... ...... ...... ........... ......... ....... ............. 23 Section 2.8. Bond Register....................................................................................................... 23 Section 2.9. Temporary Bonds..................... .............................. .... ........... ....... ......... ............... 24 Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen...................................................... 24 Section 2.11. Limited Obligation............................................................................................. 24 Section 2.12. No Acceleration....... ....................................................... ............ ...... ............. .... 25 Section 2.13 . Book-Entry System ...:....... .................. ............................ ....... ......... ............. ...... 25 ARTICLE III. ISSUANCE OF BONDS ...............................:..................................................... 27 Section 3.1. Issuance and Delivery of Bonds .......................................................................... 27 Section 3.2. Pledge of Special Tax Revenues.......................................................................... 27 Section 3.3 . Validity of Bonds .............. .......................... .... .... ........ ......... ..... ...... ..... ................ 27 ARTICLE IV. FUNDS AND ACCOUNTS ................................................................................28 Section 4.1. Deposits of Bond Proceeds .................................................................................. 28 Section 4.2 Project Fund...... ........... ............................................ ........... ......... ....... .................. 28 Section 4.3. Costs of Issuance Fund ................................... ................... ....... ....... ............... ..... 29 Section 4.4. Reserve Fund....................................................................................................... 30 Section 4.5. Bond Fund............................................................................................................ 31 Section 4.6. Special Tax Fund.. ................. ........ .......... .................... ........... ....... ....... ............... 32 Section 4.7. Administrative Expense Fund ............................................... .............. ................. 34 Section 4.8. Rebate Fund......................................................................................................... 34 Section 4.9. Redemption Fund ................. ............ ........ .... .............. ........... ....... ......... ......... ...... 35 ARTICLE V. OTHER COVENANTS OF THE CITy............................................................... 40 Section 5.1. Punctual Payment....... .............................................. ......... ....... ....... ..... ........... ..... 40 Section 5.2. Extension of Time for Payment. .......................................................................... 40 Section 5.3. Against Encumbrances. ................................................. ........... ....... ....... ......... ..... 40 Section 5.4. Books and Records ................. .............. ........................ ......... ......... ..... ........... ..... 40 Section 5.5. Protection of Security and Rights of Owners ...................................................... 41 -1- WDIVEN\324439.5 123 Section 5.6. Compliance with Law........ ....... ......... ........... ...... .............. ........ ....... .................... 41 Section 5.7. Collection of Special Tax Revenue.......................................~.............................. 41 Section 5.8. Reduction in Maximum Annual Special Tax....................................................... 42 Section 5.9. Covenant to Foreclose... ......... ........... ........... .:............... ......... ........... ..:...... .......... 43 Section 5.10. Further Assurances...... ........... ............. ............. ................. ........... ...................... 43 Section 5.11. Private Activity Bond Limitations. ....................................................................43 Section 5.12. Federal Guarantee Prohibition ...........................................................................43 Section 5.13. Rebate Requirement......... ......... ......... ............................... ................... ...... ....... 44 Section 5.14. No Arbitrage .......... ............. ......... ....................... ................... ......................... ... 44 Section 5.15. Yield of the Bonds. ...... ......... ......... ........... ........ ........ ................... ...................... 44 Section 5.16. Maintenance of Tax-Exemption ........................................................................ 44 Section 5.17. Continuing Disclosure to Owners...................................................................... 44 Section 5.18. Tender of Bonds ........ ........... ............. ......... .............. ................... ....................... 45 Section 5.19. No Parity Bonds ............ ........... ............. ......................... ........... .............. ...,.. ..... 45 ARTICLE VI. INVESTMENTS, DISPOSITION OF INVESTMENT PROCEEDS, LIABILITY OF THE CITy.......................... 46 Section 6.1. Deposit and Investment of Moneys in Funds ......................................................46 Section 6.2. Liability of City....... ............. ..... ...... ..................... ................... ................... .......... 47 Section 6.3. Employment of Agents by City........................................................................... 48 ARTICLE VII. THE FISCAL AGENT ....................................................................................... 50 Section 7.1. Appointment of Fiscal Agent................................ ............................................... 50 Section 7.2. Liability of Fiscal Agent ............................... ............................... ...... ........ .......... 51 Section 7.3. Information.......................................................................................................... 52 Section 7.4. Notice to Fiscal Agent .........................................................................................52 Section 7.5. Compensation; Indemnification........................................................................... 52 ARTICLE VIII. MODIFICATION OR AMENDMENT OF THIS AGREEMENT ..................53 Section 8.1. Amendments Permitted......... ........... ......................... ..... ........ .............................. 53 Section 8.2. Owners' Meetings .......... ............. ......... ........... .............. ........... .......... .................. 53 Section 8.3. Procedure for Amendment with Written Consent of Owners.............................. 54 Section 8.4. Disqualified Bonds.... ............. ............. ....................... ............... ........................... 54 Section 8.5. Effect of Supplemental Agreement....... ......................... ................... .......... ......... 55 Section 8.6. Endorsement or Replacement of Bonds Issued After Amendments.................... 55 Section 8.7. Amendatory Endorsement of Bonds.................................................................... 55 ARTICLE IX. EVENTS OF DEFAULT; REMEDIES............................................................... 56 Section 9.1. Events of Default .... ........... ............. ........... ...... ................. ................... ...... .......... 56 Section 9.2. Remedies of Owners..... ......... ...................... .... ........ ....... ........ ....................... ...... 56 Section 9.3. Application of Special Tax Revenues and Other Funds After Default................ 57 ARTICLE X. MISCELLANEOUS. ............. ........... ..................... ........... ............... ..................... 59 Section 10.1. Benefits of Agreement Limited to Parties. ........................................................ 59 Section 10.2. Successor is Deemed Included in All References to Predecessor .....................59 Section 10.3. Discharge of Agreement. ................................................................................... 59 Section 10.4. Execution of Documents and Proof of Ownership by Owners. .........................60 -11- WDIVEN\324439.5 ~2L/ Section 10.5 . Waiver of Personal Liability........................ ......... ............................................. 60 Section 10.6. Notices to and Demands on City and Fiscal Agent ........................................... 60 Section 10.7. State Reporting Requirements ..................................... ...................................... 61 Section 10.8. Partial Invalidity......... .............:... ....... ......... ......... .... ........ ................................... 62 Section 10.9. Unclaimed Moneys. ......... ........ ....... ....... ............... ....... ......... .............................. 62 Section 10.10. Applicable Law......... ................. ....... ....... ............. ........................... ................ 62 Section 10.11. Conflict with Act.. ..................................... ................. ...................................... 62 Section 10.12. Conclusive Evidence of Regularity ................................................................. 62 Section 10.13. Payment on Business Day.............. ......... ......... ................................................ 62 Section 10.14. Counterparts .................. ............. ....... ............. ....... ..................... ...... .... ............ 62 EXHIBIT A: FORM OF SERIES 2004-01 (RANCHO ETIW ANDA EST A TES) BOND EXHIBIT B: FORM OF REQUEST FOR DISBURSEMENT OFFICER'S CERTIFICATE -111- WDIVEN\324439.5 ~25 FISCAL AGENT AGREEMENT $ City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds THIS FISCAL AGENT AGREEMENT (the "Agreement") is made and entered into as of June 1, 2006, by and between the City of Rancho Cucamonga, California, a municipal corporation, organized and existing under and by virtue of the Constitution and laws of the State of California (the '.'City") for and on behalf of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District"), and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"). WITNESSETH: WHEREAS, the City Council of the City has formed the District under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Section 53311, et seq. of the California Government Code) (the "Act") and Resolution No. of the City Council adopted on ,20_ (the "Resolution of Formation"); WHEREAS, the City Council, as the legislative body with respect to the District, is authorized under the Act to levy Special Taxes (as herein defined) to pay for the costs of acquisition or construction of public facilities within the District and to authorize the issuance of bonds secured by said Special Taxes under the Act; WHEREAS, under the provisions of the Act, on May _, 2006, the City Council of the City adopted its Resolution No. 06-_ (the "Resolution"), which resolution, among other matters, authorized the issuance of the City of Rancho Cucamonga, Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds (the "Bonds"), in the aggregate principal amount of not to exceed $_,000,000 and provided that such issuance would be in accordance with the Act and this Agreement, and authorized the execution hereof; WHEREAS, it is in the public interest and for the benefit of the City, the District and the Owners of the Bonds that the City enter into this Agreement to provide for the issuance of the Bonds, the disbursement of proceeds of the Bonds, the disposition of the Special Taxes securing the Bonds and the administration and payment of the Bonds; arid WHEREAS, all things necessary to cause the Bonds, when authenticated by the City for the District and issued as in the Act, the Resolution and this Agreement provided, to be legal, valid and binding and special obligations of the City for the District in accordance with their terms, and all things necessary to cause the creation, authorization, execution and delivery of this -1- WDIVEN\324439.5 ~2& Agreement and the creation, authorization, execution and issuance of the Bonds, subject to the terms hereof, have in all respects been duly authorized; NOW, TH~REFORE, in consider':ltion of the covenants ~d provisions herein se! forth and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: ARTICLE I STATUTORY AUTHORITY AND DEFINITIONS Section 1.1 Authority for this Agreement. This Agreement is entered into pursuant to the provisions of the Act and the Resolution. Section 1.2 Agreement for Benefit of Owners of the Bonds. The prOVIsIons, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the equal benefit, protection and security of the Owners of the Bonds. All of the Bonds, without regard to the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided in or permitted by this Agreement. The Fiscal Agent may become the Owner of any of the Bonds in its own or any other capacity with the same rights it would have if it were not Fiscal Agent. Section 1.3 Definitions. Unless the context otherwise requires, the terms defined in this Section 1.3 shall, for all purposes of this Agreement, of any Supplemental Agreement, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the words "herein," "hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof, unless otherwise specifically stated. "AcQuisitionlFinancing Agreement" means the AcquisitionlFinancing Agreement by and between the City and Chin Yuh Yeh Chuang, dated as of ,20_. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Sections 53311 et seq. of the California Government Code~ "Administrative Expense Fund" means the fund by that name established by Section 4.7(A) hereof. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of the District: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent -2- WDIVEN\324439.5 ~21 (including its legal counsel) in the discharge of the duties required of it under this Agreement; the costs to the City, the District or any designee of either thereof of complying with arbitrage rebate requirements; the costs to the City, the District or any designee of either thereof of complyil1g with City, District or: obligated persons disclosure requirements; th(f costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, the District or any designee of either thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or District for any other administrative purposes of the District, including reasonable attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Administrative Expense Requirement" means an annual amount, initially equal to $40,000, to be allocated each Fiscal Year for payment of Administrative Expenses. This amount shall be annually adjusted upward by 2% per year. "Administrative Services Director" means the Administrative Services Director of the City, or the designee thereof as evidenced by a written certificate of the City Manager or the Administrative Services Director delivered to the Fiscal Agent, acting for and on behalf of the District. "Affiliate" means any entity owned, controlled or under common ownership or control by or with, as applicable, the Developer and includes all general partners of any entity which is a partnership. Control shall mean ownership of fifty percent (50%) or more of the voting power of or ownership interest in the respective entity. "Agreement" means this Fiscal Agent Agreement, as it may be amended or supplemented from time to time by any Supplemental Agreement adopted pursuant to the provisions hereof. "Annual Debt Service" means, for each Bond Year, the sum of (i) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled (including by reason of the provisions of Section 2.3(A)(ii) providing for mandatory sinking fund payments), and (ii) the principal amount of the Outstanding Bonds due in such Bond Year (including any mandatory sinking fund payment due in such Bond Year pursuant to Section 2.3(A)(ii)). "Auditor" means the Auditor-Controller ofthe County. "Authorized Officer" means the City Manager or the Administrative Services Director, acting on behalf of the District, or any person designated by the City Council, the City Manager or the Administrative Services Director and authorized to act on behalf of the District under or with respect to this Agreement and all other agreements related hereto. "Average Annual Debt Service" means the average over all Bond Years (from the date of the Bonds to their maturity) of Annual Debt Service. -3- WDIVEN\324439.5 212 ~ "Bond Counsel" means any attorney or firm of attorneys acceptable to the City and nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities. "Bond Fund" m'eans the fund by that mime established by Section 4.5(A) hereof. "Bond Register" means the books for the registration and transfer of Bonds maintained by the Fiscal Agent under Section 2.8 hereof. "Bond Year" means the one-year period beginning on September 2nd in each year and ending on the day prior to September 1 st in the following year, except that the first Bond Year shall begin on the Closing Date for the Bonds and end on September 1,.2006. "Bonds" means the City of Rancho Cucamonga Community Facilities District No. 2004- 01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds at any time Outstanding under this Agreement or any Supplemental Agreement. "Business Day" means any day other than (i) a Saturday or a Sunday, or (ii) a day on which banking institutions in the state in which the Fiscal Agent has its Principal Office are authorized or obligated by law or executive order to be closed. "Cash Deposit" means a deposit of good funds by the Developer with the Fiscal Agent in the applicable Stated Amount in lieu of depositing a Letter of Credit or Substitute Letter of Credit pursuant hereto. "CDIAC" means the California Debt and Investment Advisory Commission of the office of the State Administrative Services Director of the State of California or any successor agency or bureau thereto. "City" means the City of Rancho Cucamonga, California, and any successor thereto. "City Attorney" means any attorney or firm of attorneys employed by the City in the capacity of city attorney. "City Council" means the City Council of the City. "City Improvements" shall have the meanIng gIVen such term In the AcquisitionlFinancing Agreement. "City Improvements Account" means the account by that name established by Section 4.2(A) hereof. "City Manager" means the City Manager of the City, acting for and on behalf of the District. -4- WDIVEN\324439.5 ~2q "Closing Date" means May 3, 2006, being the date upon which there is a delivery of the Bonds in exchange for the amount representing the purchase price of the Bonds by the Original Purchaser. "Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. "Commission" means the United States Securities and Exchange Commission. "Comptroller of the Currency" means the Comptroller of the Currency of the United States. "Costs of Issuance" means items of expense payable or reimbursable directly or indirectly by the City and related to the authorization, sale and issuance of the Bonds, which items of expense shall include, but not be limited to, the printing costs, costs of reproducing and binding documents, closing costs, filing and recording fees, initial fees and charges of the Fiscal Agent including its first annual administration fee, expenses incurred by the City in connection with the issuance of the Bonds and the expenses of the City in connection with the establishment of the District, special tax consultant fees and expenses, preliminary engineering fees and expenses, legal fees and charges, including Bond Counsel fees, financial consultant fees, appraiser fees and expenses, absorption consultant fees and expenses, charges for execution, transportation and safekeeping of the Bonds and other costs, charges and fees in connection with the foregoing. "Costs of Issuance Fund" means the fund by that name established by Section 4.3(A) hereof. "County" means the County of San Bernardino, California. "Debt Service" means the scheduled amount of interest and amortization of principal payable by reason of Sections 2.2(D) and (E) on the Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. "Depository" means (a) initially, DTC, and (b) any other Securities Depository acting as Depository pursuant to Section 2.13. ' "Developer" means Chin Yun Yeh Chuang, a citizen and resident of Taiwan, and any successor to Chin Yun Yeh Chuang. "Developer Property" means any Taxable Property (as such term is defined in the Rate and Method) within the District whicl:1 is owned or controlled by the Developer. -5- WDIVEN\324439.5 <:J3D "District" or "CFD" means the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates), formed by the City under the Act and the Resolution of Formation. . . . . "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns. "Escrow Bonds" means $ principal amount of the Bonds comprised of the Escrow Term Bonds and the Escrow Serial Bonds. "Escrow Serial Bonds" means the Escrow Bonds, other than the Escrow Term Bonds, maturing annually in the principal amounts as shown in Section 2.2(D) which are subject to extraordinary mandatory redemption pursuant to Section 2.3(A)(iii).. "Escrow Term Bonds" means the Bonds maturing on September 1, 20_, September 1, 20_, and September 1, 20_ which are subject to extraordinary mandatory redemption pursuant to Section 2.3(A)(iii) and mandatory sinking fund redemption pursuant to Section 2.3(A)(v). "Escrow Fund" means the fund by that name established by Section 4.1 O(A) hereof. "Fair Market Value" means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security-State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) the investment is the Local Agency Investment Fund of the State of California but only if at all times during which the investment is held its yield is reasonably expected to be equal to or greater than the yield on a reasonably comparable direct obligation of the United States. "Federal Securities" means any of the following which are non-callable and which at the time of investment are legal investments under the laws of the State of California for funds held by the Fiscal Agent: (i) direct general obligations of the United States of America (including obligations issued or held in book entry form on the books of the United States Department of the Treasury) and obligations, the payment of principal of and interest on which are directly or indirectly guaranteed by the United States of America, including, -6- WDIVEN\324439.5 ?f3/ without limitation, such of the foregoing which are commonly referred to as "stripped" obligations and coupons; or (ii) any of the following obligations of the following agencies of the United States of America: (a) direct obligations of the Export-Import Bank, (b) certificates of beneficial ownership issued by the Farmers Home Administration, (c) participation certificates issued by the General Services Administration, (d) mortgage-backed bonds or pass-through obligations issued and guaranteed by the Government National Mortgage Association, (e) project notes issued by the United States Department of Housing and Urban Development, and (f) public housing notes and bonds guaranteed by the United States of America. "Fiscal Agent" means the Fiscal Agent appointed by the City and acting as an independent fiscal agent with the duties and powers herein provided, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 7.1. "Fiscal Year" means the twelve-month period extending from July 1 in a calendar year to June 30 ofthe succeeding year, both dates inclusive. "Government Obligations" means obligations described in paragraph I of the definition of Permitted Investments. "Independent Financial Consultant" means any consultant or firm of such consultants appointed by the City or the Administrative Services Director, and who, or each of whom: (i) is judged by the Administrative Services Director to have experience in matters relating to the issuance and/or administration of bonds under the Act; (ii) is in fact independent and not under the domination of the City; (iii) does not have any substantial interest, direct or indirect, with or in the City, or any owner of real property in the District, or any real property in the District; and (iv) is not connected with the City as an officer or employee of the City, but who may be regularly retained to make reports to the City. "Information Services" means Bloomberg Municipal Repositories, P.O. Box 840, Princeton, New Jersey, 08542-0840; DPC Data Inc., One Executive Drive, Fort Lee, New Jersey, 07024; Interactive Data, 100 Williams Street, New York, New York, 10038, Attention: Repository; Standard & Poor's J. J. Kenny Repository, 55 Water Street, 45th Floor, New York, New York, 10041; and, in accordance with then current guidelines of the Commission, such other services providing information with respect to called bonds as the City may designate in an Officer's Certificate delivered to the Fiscal Agent. "Interest Account" means the account within the Bond Fund by that name established pursuant to Section 4.5(A) hereof. "Interest Payment Dates" means March 1 and September I of each year, commencing September 1,2006. -7- WDIVEN\324439.5 ?l32 "Legislative Body" means the City Council of the City acting as the legislative body of the District. "Letter of Cr~dit" means a Letter of <;:redit substantially in th.e form set forth in Exhi~it C hereto issued pursuant to the Supplement to Mitigation Agreement by a Letter of Credit Bank, or any reissuance or extension thereof, which Letter of Credit shall be in the Stated Amount therefor. "Letter of Credit Bank" means the issuer from time to time of a Letter of Credit and the respective successors and assigns of the business thereof and any surviving, resulting or transferee banking association or corporation with or into which it may be consolidated or merged or to which it may transfer all of its banking business, provided that the short-term and long-term ratings of such entity must have a minimum Moody's long-term rating of "A" and short-term rating of "P-1," as evidenced by proof provided by such Letter of Credit Bank to the District and the Fiscal. "Letter of Credit Fund" means the fund by that name established pursuant to Section 4.11 hereof. "Letter of Map Revision" means a letter or other document from the Federal Emergency Management Agency removing the Zone D Parcels from the Zone D special flood zone area. "Maximum Annual Debt Service" means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds. "Moody's" means Moody's Investors Service, and its successor's and assigns. "Officer's Certificate" means a written certificate of the City signed by an Authorized Officer of the City. "Ordinance" means Ordinance No. 735 of the City of Rancho Cucamonga. "Original Purchaser" means Stone & Youngberg LLC. "Outstanding," when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 8.4) all Bonds except: (i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (ii) 10.3; and Bonds paid or deemed to have been paid within the meaning of Section (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the City pursuant to this Agreement or any Supplemental Agreement. -8- WDIVEN\324439.5 ?!33 "Owner" or "Bondowner" means any Person who shall be the registered owner of any Outstanding Bond. "P,ark and Equestrian Fa<?ilities Account" mean~ the account by that n.ame established pursuant to Section 4.2(A) hereof. "Park and Equestrian Facilities" shall have the meanmg gIven such term m the AcquisitionlFinancing Agreement. "Permitted Investments" means any of the following which at the time of investment are legal investments under the laws of the State for the moneys proposed to be invested therein (the Fiscal Agent shall be entitled to rely upon any written investment direction from an Authorized Officer of the District as a certification to the Fiscal Agent that such investment constitutes a Permitted Investment): 1. A. Direct obligations (other than an obligation subject to variation in principal payment) of the United States of America ("United States Treasury Obligations"); B. Obligations fully and unconditionally guaranteed as to timely payment of principal and interest by the United States of America; C. Obligations fully and unconditionally guaranteed as to timely payment of principal and interest by any agency or instrumentality of the United States of America when such obligations are backed by the full faith and credit of the United States of America;or D. Evidences of ownership of proportionate interests in future interest and principal payments on obligations described above held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying government obligations are not available to any Person claiming through the custodian or to whom the custodian may be obligated. 2. Federal Housing Administration debentures. 3. The listed obligations of government-sponsored agencies which are not backed by the full faith and credit of the United States of America: A. Federal Home Loan Mortgage Corporation (FHLMC) (I) Participation certificates (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts) (2) Senior debt obligations B. Farm Credit Banks (formerly: Federal Land Banks, Federal Intermediate -9- WDIVEN\324439.5 ~3Lj Credit Banks and Banks for Cooperatives) (1) Consolidated system-wide bonds and notes C. I:ederal Home Loan Ban~s (FHL Banks) (1) Consolidated debt obligations D. Federal National Mortgage Association (FNMA) (1) Senior debt obligations (2) Mortgage-backed securities (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts) E. Student Loan Marketing Association (SLMA) (1) Senior debt obligations (excluded are securities that do not have a fixed par value and/or whose terms do not prorpise a fixed dollar amount at maturity or call date) F. Financing Corporation (FICO) (1) Debt obligations G. Resolution Funding Corporation (REFCORP) (1) Debt obligations 4. Unsecured certificates of deposit, time deposits, and bankers' ~cceptances (having maturities of not more than 30 days) of any bank (including the Fiscal Agent and its affiliates) the short-term obligations of which are rated "A-I" or better by S&P. 5. Deposits the aggregate amount of which are fully insured by the Federal Deposit Insurance Corporation (FDIC), in banks which have capital and surplus of at least $5 million (including the Fiscal Agent and its affiliates). 6. Commercial paper (having original maturities of not more than 270 days) rated "A-I" by S&P and "Prime-I" by Moody's. 7. Money market funds rated "AAm-l" or "AAm-G" by S&P, or better. 8. State Obligations, which means: A. Direct general obligations of any state of the United States of America or any subdivision or agency thereof to which is pledged the full faith and credit of a state the unsecured general obligation debt of which is rated "A3" by Moody's and "A" by S&P, or better, or any obligation fully and unconditionally guaranteed by any state, subdivision or agency whose unsecured general obligation debt is so rated. -10- WDIVEN\324439.5 2S3-5 B. Direct general short-term obligations of any state agency or subdivision or agency thereof described in (A) above and rated "A-l +" by S&P and "Prime-I" by Moody's. C. Special Revenue Bonds (as defined in the United States BankrUptcy Code) of any state, state agency or subdivision described in (A) above and rated "AA" or better by S&P and "AA" or better by Moody's. 9. Pre-refunded municipal obligations rated "AAA" by S&P and "AAA" by Moody's meeting the following requirements: A. the municipal obligations are (1) not subject to redemption prior to maturity or (2) the trustee/fiscal agent for the municipal obligations has been given irrevocable instructions concerning their call and redemption and the issuer of the municipal obligations has covenanted not to redeem such municipal obligations other than as set forth in such instructions; B. the municipal obligations are secured by cash or United States Treasury Obligations which may be applied only to payment of the principal of interest and premium on such municipal obligations; C. the principal of and interest on the United States Treasury Obligations (plus any cash in the escrow) has been verified by the report of independent certified public accountants to be sufficient to pay in full all principal of, interest, and premium, if any, due and to become due on the municipal obligations; D. the cash or United States Treasury Obligations serving as security for the municipal obligations are held, by an escrow agent or trustee/fiscal agent in trust for owners of the municipal obligations; E. no substitution of a United States Treasury Obligation shall be permitted except with another United States Treasury Obligation and upon delivery of a new verification; and F. the cash or United States Treasury Obligations are not available to satisfy any other claims, including those by or against the trustee/fiscal agent or escrow agent. 10: Investment agreements with a domestic or foreign bank or corporation the long- term debt or financial strength of which, it or its guarantor is rated at least "AA-" by S&P and "Aa3" by Moody's; provided that, by the terms of the investment agreement: A. the invested funds are available for withdrawal without penalty or premium, upon not more than seven days' prior notice; the District and the -11- WDIVEN\324439.5 330 WDIVEN\324439.5 Fiscal Agent hereby agree to give or cause to be given notice in accordance with the terms of the investment agreement so as to receive funds thereunder with no penalty or premium paid; B. the investment agreement shall state that it is the unconditional and general obligation of and is not subordinated to any other obligation of, the provider thereof, or, in the case of a bank, that the obligation of the bank to make payments under the agreement ranks pari passu with the obligations of the bank: to its other depositors and its other unsecured and unsubordinated creditors; C. the District and the Fiscal Agent receives the opinion of domestic counsel that such investment agreement is legal, valid, binding and enforceable upon the provider in accordance with its terms and of foreign counsel (if applicable); D. the investment agreement shall provide that if during ,its term (1) the provider's rating by either S&P or Moody's falls below "AA-" or "Aa3", respectively, the provider shall, at its option, within 10 days of receipt of publication of such downgrade, either (a) collateralize the investment agreement by delivering or transferring in accordance with applicable state and federal laws (other than by means of entries on the provider's books) to the District, the Fiscal Agent or a Holder of the Collateral free and clear of any third-party liens or claims the market value of which collateral is maintained at levels and upon such conditions as would be acceptable to S&P and Moody's to maintain an "A" rating in an "A" rated structured financing (with a market value approach); or (b) transfer and assign the investment agreement to a then qualifying counterparty , which is to be approved by the District, with ratings specified above; and (2) the provider's rating by either S&P or Moody's is withdrawn or suspended or falls below "A-" or "A3", respectively, the provider must, at the direction of the District or the Fiscal Agent, within 10 days of receipt of such direction, repay the principal of and accrued but unpaid interest on the investment; E. the investment agreement shall state and an opinion of counsel shall be rendered, in the event collateral is required to be pledged by the provider under the terms of the investment agreement, at the time such collateral is delivered, that the Holder of the Collateral has a perfected first priority security interest in the collateral, any substituted collateral and all ;roceeds -12- 't/37 thereof (in the case of bearer securities, this means the Holder of the Collateral is in possession); F. the invest~ent agreement must pro,vide that if during its te~ (1) the provider shall default in its payment obligations, the provider's obligations under the investment agreement shall, at the direction of the District or the Fiscal Agent, be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the District or Fiscal Agent, as appropriate; and (2) the provider shall become insolvent, not pay its debts as they become due, be declared or petition to be declared bankrupt, etc. the provider's obligations shall automatically be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the District or Fiscal Agent, as appropriate. 11. The Local Agency Investment Fund (LAIF) administered by the Administrative Services Director of the State to the extent such deposits remain in the name of and control. of the Fiscal Agent. "Person" means an individual, a corporation, a partnership, a joint venture, a trust; an unincorporated organization or a government or any agency or political subdivision thereof. "Principal Account" means the account within the Bond Fund by that name established pursuant to Section 4.5(A) hereof. "Principal Office" means the office of the Fiscal Agent at Los Angeles, California or such other offices as may be specified to the City and the District by the Fiscal Agent in writing. "Proiect" means the facilities more particularly described in the Acquisition/Financing Agreement. "Proiect Fund" means the fund by that name created by and held by the Fiscal Agent pursuant to Section 4.2(A) hereof. "Rate and Method" means the Rate and Method of Apportionment of the Special Taxes set forth in the Ordinance. "Rebate Fund" means the fund by that name established pursuant to Section 4.8 hereof. "Record Date" means the fifteenth day of the month next preceding the month of the applicable Interest Payment Date, whether or not such day is a Business Day. "Redemption Fund" means the fund by that name established pursuant to Section 4.9(A). -13- WDIVEN\324439.5 <638 "Reserve Fund" means the fund by that name established pursuant to Section 4.4(A) hereof. "Reserve Requirement" means: (a) as of any date of calculation prior to the transfer of the funds on deposit in the Escrow Fund pursuant to Section 4.10(B)(ii, an amount not to exceed the lesser of (i) Maximum Annual Debt Service on the Outstanding Bonds with the exception of the Escrow Bonds, (ii) one hundred twenty-five percent (125%) of Average Annual"Debt Service on the Outstanding Bonds with the exception of the Escrow Bonds, or (iii) ten percent (10%) of the face amount of the Outstanding Bonds with the exception of the Escrow Bonds; and (b) as of any date of calculation following the transfer of the funds on deposit in the Escrow Fund pursuant to Section 4.10(B)(i), (i) Maximum Annual Debt Service on the Outstanding Bonds, (ii) one hundred twenty-five percent (125%) of Average Annual Debt Service on the Outstanding Bonds, or (iii) ten percent (10%) ofthe face amount of the Outstanding Bonds. "Resolution" means Resolution No. 06-_ adopted by the City Council of the City on __,2006. "Resolution of Formation" means Resolution No. 04-295 adopted by the City Council on September 15, 2004. "S&P" means Standard & Poor's Rating Services, a division of the McGraw Hill Companies, Inc. and its successors and assigns. "Securities Depositories" means The Depository Trust Company, 55 Water Street, 50th Floor, New York, New York 10041, Attention: Call Notification Department, Fax-(212) 855- 7232; and, in accordance with then current guidelines of the Commission, such other addresses and/or such other securities depositories as the City may designate in an Officer's Certificate delivered to the Fiscal Agent. "Special District Supervisor" shall mean the GIS/Special Districts Supervisor of the City or such other City employee designated by the City Manager to undertake the duties of the Special Districts Supervisor hereunder. "Special Tax" or "Special Taxes" means Special Tax as defined in the Rate and Method authorized to be levied within the District pursuant to the Act, the Ordinance and this Agreement. "Special Tax Fund" means the fund by that name established by Section 4.6(A) hereof. "Special Tax Prepayments" means the proceeds of any Special Tax prepayments received by the City, as calculated pursuant to Section I of the Rate and Method, less any administrative fees or penalties collected as part of any such prepayment. "Special Tax Revenues" means the proceeds of the Special Taxes received by the City, including any scheduled payments and any prepayments thereof, interest thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes -14- WDIVEN\324439.5 ?t39 to the amount of said lien and interest thereon. "Special Tax Revenues" does not include any penalties collected in connection with delinquent Special Taxes. "State" means the State of California. "Stated Amount" means the amount available to be drawn under the Letter of Credit or Cash Deposit from time to time. During each Fiscal Year in which the Letter of Credit is in effect, the Stated Amount of the Letter of Credit shall equal the estimated amount of Special Taxes to be levied on the Developer Property during that Fiscal Year. "Substitute Letter of Credit" means a letter of credit satisfying all the requirements of the Letter of Credit provided to replace, in whole or in part, the Letter of Credit. "Supplemental Agreement" means an agreement the execution of which is authorized by a resolution which has been duly adopted by the City Council under the Act and which agreement is amendatory of or supplemental to this Agreement, but only if and to the extent that such agreement is specifically authorized hereunder. "Tax Consultant" means David Taussig & Associates, Inc. or another independent financial or tax consultant retained by the City for the purpose of computing the Special Taxes. "Zone D Parcels" means each of the parcels within the District which on the Closing Date are located within the Zone D special flood area as designated by the Federal Emergency Management Agency. -15- WDlVEN\324439.5 gl/ () ARTICLE II THE BONDS Section 2.1 Principal Amount; Designation. Bonds in the aggregate principal amount of ($ ) are hereby authorized to be issued by the City for the District under and subject to the terms of the Resolution and this Agreement, the Act and other applicable laws of the State of California. Section 2.2 Terms ofthe Bonds. (A) Form; Denominations. The Bonds shall be issued as fully registered Bonds without coupons in the denomination of $5,000 or any integral multiple of $5,000 in excess thereof, except that one Bond of each maturity may be in a denomination less than $5,000, if necessary, in connection with a partial redemption of the Bonds pursuant to Section 2.3 hereof. (B) Date of Bonds. The Bonds shall be dated the Closing Date. (C) CUSIP Identification Numbers. "CUSIP" identification numbers shall be imprinted on the Bonds, but such numbers shall not constitute a part of the contract evidenced by the Bonds and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and pay for the Bonds. In addition, failure on the part of the City or the Fiscal Agent to use such CUSIP numbers in any notice to Owners shall not constitute an event of default or any violation of the City's contract with such Owners and shall not impair the effectiveness of any such notice. (D) Maturities, Interest Rates. The Bonds, other than the Escrow Bonds, shall mature and become payable on September 1 of each year, and shall bear interest at the rates, as follows: Maturity Date (September 1) Principal Amount $ Interest Rate % -16- WDIVEN\324439.5 SLf/ The Escrow Bonds shall mature and become payable on September 1 of each year, and shall bear interest at the rates, as follows: Maturity Date (September 1) Principal Amount $ Interest Rate % (E) Interest. The Bonds shall bear interest at the rates set forth above payable on the Interest Payment Dates in each year. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from the Closing Date; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. -17- WDIVEN\324439.5 ~tf2 (F) Method of Payment. Interest on the Bonds (including the final interest payment upon maturity or earlier redemption) is payable by check of the Fiscal Agent mailed on the Interest Payment Dates or date of redemption by first class mail to the registered Owner thereof at such registered Owner's address as it appea~s on the Registration ~ooks maintained by th~ Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date or date of redemption, or by wire transfer (i) to the Depository (so long as the Bonds are in book- entry form pursuant to Section 2.13), or (ii) to an account within the United States made on such Interest Payment Date or date of redemption upon instructions of any Owner of $1,000,000 or more in aggregate principal amount of Bonds, which instructions shall continue in effect until revoked in writing, or until such Bonds are transferred to a new Owner. The principal of the Bonds and any premium on the Bonds are payable by check in lawful money of the United States of America upon surrender of the Bonds at the Principal Office of the Fiscal Agent. All Bonds paid by the Fiscal Agent pursuant to this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds and issue a certificate of destruction thereof to the City upon the City's request. Section 2.3 Redemption. (A) Redemption Dates. (i) Optional Redemption. The Bonds, other than the Escrow Bonds, are subject to optional redemption prior to their stated maturity on any Interest Payment Date, as a whole or in part, at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), together with accrued interest thereon to the date of redemption: Redemption Date Redemption Price September 1,2006 through March 1,2014 September 1,2014 and March 1,2015 September 1, 2016 and March 1, 20 I 7 September 1,2017 and thereafter 103% 102% 101% 100% The Escrow Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring following the release of the moneys on deposit in the Escrow Fund and the transfer of such moneys to the Project Fund and the Reserve Fund pursuant to Section 4.1O(B)(i) below, as a whole or in part, at the redemption prices set forth above, together with accrued interest thereon to the date of redemption. (ii) Mandatory Redemption from Proceeds of Special Tax Prepayments The Bonds shall be subject to redemption on any Interest Payment Date, prior to maturity, as a whole or in part on a pro rata basis among maturities froIll amounts deposited to the Redemption Fund representing Special Tax Prepayments. An.Authorized Representative shall deliver written instructions to the Fiscal Agent not less than 60 days prior to the -18- WDIVEN\324439.5 ~'-/3 redemption date directing the Fiscal Agent to utilize the Special Tax Revenues transferred to the Redemption Fund and the Interest Account of the Bond Fund pursuant to Section 4.6(C) to redeem Bonds pursuant to this Section 2.3(A)(ii). Such mandatory red~mption of the Bonds "shall be at the follo'Ying redemption prices. (expressed as percentages of the principal amount of the Bonds to be redeemed), together with accrued interest thereon to the date of redemption: Redemption Date Redemption Price September 1, 2006 through March 1,2014 September 1, 2014 and March 1,2015 September 1, 2016 and March 1, 2017 September 1,2017 and thereafter 103% 102% 101% 100% (iii) Extraordinary Mandatory Redemption of Escrow Bonds. The Escrow Bonds are subject to extraordinary mandatory redemption on any Interest Payment Date through and including March I, 2009 from funds transferred from the Escrow Fund to the Redemption Fund pursuant to the provisions of Section 4.1 O(B)(ii) at a redemption price equal to 103% of the principal amount thereof, together with accrued interest thereon to the date of redemption. (iv) Mandatory Sinking Fund Payment Redemption. The Bonds, other than the Escrow Bonds, maturing on September I, 20_ are subject to mandatory sinking fund payment redemption in part on September I, 20_, and on each September I thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: Redemption Date (September 1) Sinking Fund Payments $ (maturity) The Bonds, other than the Escrow Bonds, maturing on September I, 20_ are subject to mandatory sinking fund payment redemption in part on September 1,20_, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: -19- WDlVEN\324439.5 ?iLlY Redemption Date (September I) Sinking Fund Payments $ (maturity) The Bonds, other than the Escrow Bonds, maturing on September I, 20_ are subject to mandatory sinking fund payment redemption in part on September I, 20_, and on each September I thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: Redemption Date (September I) Sinking Fund Payments $ (maturity) The Escrow Bonds maturing on September 1, 20_ are subject to mandatory sinking fund payment redemption in part on September 1, 20_, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: Redemption Date (September I) Sinking Fund Payments $ (maturity) The Escrow Bonds maturing on September I, 20_ are subject to mandatory sinking fund payment redemption in part on September 1, 20_, and on each September I thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: -20- WDIVEN\324439.5 . ?!L(S Redemption Date (September 1) Sinking Fund Payments $ (maturity) The amounts in the foregoing tables shall be reduced, as a result of any prior partial redemption of the Bonds pursuant to Section 2.3(A)(i) or (ii) above as specified in writing by the Administrative Services Director to the Fiscal Agent, in inverse order of sinking fund payment date. (B) Notice to Fiscal Agent. The City shall give the Fiscal Agent written notice of its intention to redeem Bonds pursuant to subsection 2.3(A)(i) or (ii) not less than sixty (60) days prior to the applicable redemption date or such shorter period as shall be acceptable to the Fiscal Agent. (C) Purchase of Bonds in Lieu of Redemption. In lieu of redemption under Section 2.3(A), moneys in the Bond Fund or Redemption Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding Bonds, upon the filing with the Fiscal Agent of an Officer's Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer's Certificate may provide, but in no event may Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase and any premium which would otherwise be due if such Bonds were to be redeemed in accordance with this Agreement. (D) Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed for redemption, to the Original Purchaser, to the Securities Depositories, to one or more Information Services, and to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond Register in the Principal Office of the Fiscal Agent; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. Such notice shall state the redemption date and the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of the Bonds to be redeemed by giving the individual CUSIP number and Bond number of each Bond to be redeemed or shall state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called in part the principal -21- WDIVEN\324439.5 <6tJb amount thereof to be redeemed, and shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. Upon the payment of the redemption price, plus accrued' interest to the date of redemption, of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, of the Bonds being redeemed with the proceeds of such check or other transfer. Except as otherwise provided for herein, whenever provision is made in this Agreement for the redemption of less than all of the Bonds or any given portion thereof, the Fiscal Agent shall determine the amount of Bonds to be redeemed from each maturity in any manner the City specifies, and the Fiscal Agent shall select the Bonds to be redeemed, from each maturity of the Bonds or such given portion thereof not previously called for redemption, according to any manner which the Fiscal Agent deems fair. Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the registered Owner, at the expense of the City, a new Bond or Bonds, of the same series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. Section 2.4 Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of, and interest and any premium on, the Bonds so called for redemption shall have been deposited in the Bond Fund or Redemption Fund, such Bonds so called shall cease to be entitled to any benefit under this Agreement other than the right to receive payment of the redemption price and interest thereon accrued through the date of redemption, and no interest shall accrue thereon on or after the redemption date specified in such notice. All Bonds redeemed and purchased by the Fiscal Agent pursuant to this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds and issue a certificate of destruction thereofto the City. Section 2.5 Form of Bonds. The Bonds, other than the Escrow Bonds, the form of Fiscal Agent's certificate of authentication and the form of assignment, to appear thereon, shall be substantially in the form set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Agreement, the Resolution and the Act. Section 2.6 Execution of Bonds. The Bonds shall be executed on behalf of the City manually or by the facsimile signatures of its Mayor and City Clerk who are in office on the date of adoption of this Agreement or at any time thereafter, and the seal of the City shall be impressed, imprinted or reproduced by facsimile thereon. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the Owner, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the -22- WDIVEN\324439.5 SLJ7 Bonds to the Owner. Any Bond may be signed and attested on behalf of the City by such persons as at the actual date of the execution of such Bond shall be the proper officers of the City although at the nominal date of such Bond any such person shall not have been such officer of the City. Only such Bonds as shall qear thereon a certificat~ of authentication in s~bstantially the form set forth in Exhibit A, executed and dated by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of authentication of the Fiscal Agent shall be conclusive evidence that the Bonds registered hereunder have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Agreement. Section 2.7 Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.8 by the Person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in a form approved by the Fiscal Agent. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the City. The Fiscal Agent shall collect from the Owner requesting such transfer any tax or other governmental charge required to be paid with respect to such transfer. Whenever any Bond or Bonds shall be surrendered for transfer, the City shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. No transfers of Bonds shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected for redemption, or (iii) between a Record Date and the succeeding Interest Payment Date. Section 2.8 Exchange of Bonds. Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations and of the same series and maturity. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such exchange shall be paid by the City. The Fiscal Agent shall collect from the Owner requesting such exchange any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Bonds shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected for redemption, or (iii) between a Record Date and the succeeding Interest Payment Date. Section 2.9 Bond Register. The Fiscal Agent will keep or cause to be kept, at its Principal Office sufficient books for the registration and transfer of the Bonds, which books shall show the series, number, date, amount, rate of interest and last known Owner of each Bond and shall at all times be open to inspection by the City during regular business hours upon reasonable notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, the ownership of the Bonds as hereinbefore provided. The City and the Fiscal Agent -23- WDIVEN\324439.5 <g L/? will treat the Owner of any Bond whose name appears on the Bond Register as the absolute Owner of such Bond for any and all purposes, and the City and the Fiscal Agent shall not be affected by any notice to the contrary. The City and the Fiscal Agent may rely on the address of th~ Bondowner as it appel:!-rs in the Bond Register, for any and all purpose~. Section 2.10 Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such authorized denominations as may be determined by the City, and may contain such reference to any of the provisions of this Agreement as may be appropriate. Every temporary Bond shall be executed by the City upon the same conditions and in substantially the same manner as the definitive Bonds. If the City issues temporary Bonds it will execute and furnish definitive Bonds without delay arid thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary bonds shall be entitled to the same benefits under this Agreement as definitive Bonds authenticated and delivered hereunder. Section 2.11 Bonds Mutilated. Lost. Destroyed or Stolen. If any Bond shall become mutilated, the City, at the expense ofthe Owner of said Bond, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled by it . and destroyed by the Fiscal Agent who shall deliver a certificate of destruction thereof to the City. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Fiscal Agent and, if such evidence be satisfactory to it and indemnity for the City and the Fiscal Agent satisfactory to the Fiscal Agent shall be given, the City, at the expense of the Owner, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The City may require payment of a sum not exceeding the actual cost of preparing each new Bond delivered under this Section and of the expenses which may be incurred by the City and the Fiscal Agent for the preparation, execution, authentication and delivery. Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to . be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the City whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable by anyone, and shall be equally and proportionately entitled to the bent?fits of this Agreement with all other Bonds issued pursuant to this Agreement. Section 2.12 Limited Obligation. The Bonds and interest thereon, together with any premium paid thereon upon redemption, are not obligations of the City, but are limited obligations of the District secured by and payable from an irrevocable first lien on the Special Tax Revenues and on the monies in the funds and accounts established herein (including the investment earnings thereon) with the exception of the Rebate Fund, the Costs of Issuance Fund, the Administrative Expense Fund and the Project Fund. Except for the Special Tax Revenues, neither the credit nor -24- WDlVEN\324439.5 'tL19 the taxing power of the District or the City is pledged for the payment of the Bonds or the interest thereon, and no Owner of the Bonds may compel the exercise of taxing power by the District or the City or the forfeiture of any of their property. The principal of and interest on the Bonds and p~emiums upon the rederpption thereof, if any, ~re not a debt of the D~strict or the City, the State or any of its political subdivisions within the meaning of any constitutional or statutory limitation or restriction. The Bonds are not a legal or equitable pledge, charge, lien or encumbrance, upon any property of the City or the District, or upon any of income, receipts or revenues of the City or the District, except the amounts which are, under this Agreement and the Act, set aside for the payment of the Bonds and interest thereon and neither the members of the Legislative Body, the City Council of the City, nor any persons executing the Bonds are liable personally on the Bond's by reason of their issuance. Notwithstanding anything contained in this Agreement, neither the City nor the District shall be required to advance any money derived from any source of income other than the Special Tax Revenues for the payment of the interest on or the principal of the Bonds or for the performance of any covenants herein contained. Nothing in this Agreement or in any Supplemental Agreement shall preclude the redemption prior to maturity of any Bonds subject to call and redemption or the payment of the Bonds from proceeds of refunding bonds issued under the Act or under any other law of the State. Section 2.13 No Acceleration. The principal of the ~onds shall not be subject to acceleration hereunder. Nothing in this Section' shall in any way prohibit the prepayment or redemption of Bonds under Section 2.3 hereof, or the defeasance of the Bonds and discharge of this Agreement under Section 10.3 hereof. Section 2.14 Book-Entry System. DTC shall act as the initial Depository for the Bonds. One Bond for each maturity of the Bonds shall be initially executed, authenticated, and delivered as set forth herein with a separate fully registered certificate (in print or typewritten form). Upon initial execution, authentication, and delivery, the ownership of the Bonds shall be registered in the Bond Register kept by the Fiscal Agent for the Bonds in the name of Cede & Co., as nominee ofDTC or such nominee as DTC shall appoint in writing. The representatives of the City and the Fiscal Agent are hereby authorized to take any and all actions as may be necessary and not inconsistent with this Agreement to qualify the Bonds for the Depository's book-entry system, including the execution ofthe Depository's required representation letter. With respect to Bonds registered in the Bond Register in the name of Cede & Co., as nominee of DTC, neither the City nor the Fiscal Agent shall have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds Bonds as Depository from time to time (the "DTC Participants") or to any Person for which a DTC Participant acquires an interest in the Bonds (the "Beneficial Owners"). Without limiting the immediately preceding sentence, neither the City, the District nor the Fiscal Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant, any Beneficial Owner, or any other Person, other than DTC, of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the -25- WDIVEN\324439.5 ~SD Depository of the beneficial interests in the Bonds to be redeemed in the event the City, on behalf of the District, elects to redeem the Bonds in part, (iv) the payment to any DTC Participant, any Beneficial Owner, or any other Person, other than DTC, of any amount with r~spect to the principal qf or interest on, or prelpium on, the Bonds, or,(v) any consent given Qr other action taken by the Depository as Owner of the Bonds. Except as set forth above, the Fiscal Agent may treat as and deem DTC to be the absolute Owner of each Bond for which DTC is acting as Depository for the purpose of payment of the principal of and interest on such Bonds, for the purpose of giving notices of prepayment and other matters with respect to such Bonds, for the purpose of registering transfers with respect to such Bonds, and for all purposes whatsoever. The Fiscal Agent shall pay all principal of and interest on the Bonds only to or upon the order of the Owners as shown on the Bond Register, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to the principal of and interest on the Bonds to the extent of the sums or sums so paid. No Person other than an Owner, as shown on the Bond Register, shall receive a physical Bond. Upon delivery by DTC to the Fiscal Agent of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and ~ubject to the transfer provisions in Section 2.6 hereof, references to "Cede & Co." in this Section 2.14 shall refer to such new nominee ofDTC. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the Fiscal Agent during any time that the Bonds are Outstanding, and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of DTC with respect to the Bonds if it determines that DTC is unable to discharge its responsibilities with respect to the Bonds or that continuation of the system of book-entry transfers through DTC is not in the best interest of the Beneficial Owners, and the City shall mail notice of such termination to the Fiscal Agent. Upon the termination of the services of DTC as provided in the previous paragraph, and if no substitute Depository willing to undertake the functions hereunder can be found which is willing and able to undertake such functions upon reasonable or customary terms, or if the City determines that it is in the best interest ofthe Beneficial Owners ofthe Bonds that they be able to obtain certificated Bonds, the Bonds shall no longer be restricted to being registered in the Bond Register of the Fiscal Agent in the name of Cede & Co~, as nominee of DTC, but may be registered in whatever name or name the Owners shall designate at that time, in accordance with Section 2.6. To the extent that the Beneficial Owners are designated as the transferee by the Owners, in accordance with Section 2.6, the Bonds will be delivered to such Beneficial Owners as soon as practicable. -26- WDIVEN\324439.5 ~s/ ARTICLE III ISSUANCE OF BONDS Section 3.1 Issuance and Delivery of Bonds. At any time after the execution 'of this Agreement, the City may issue the Bonds for the District in the aggregate principal amount set forth in Section 2.1 and deliver the Bonds to the Original Purchaser. The Authorized Officers of the City are hereby authorized and directed to deliver any and all documents and instruments necessary to cause the issuance of the Bonds in accordance with the provisions of the Act, the Resolution and this Agreement, to authorize the payment of Costs of Issuance and costs of the Project by the Fiscal Agent from the proceeds of the Bonds and to do and cause to be done any and all acts and things necessary or convenient for delivery of the Bonds to the Original Purchaser. Section 3.2 Pledge of Special Tax Revenues. The Bonds shall be secured by a first pledge (which pledge shall be effected in the manner and to the extent herein provided) of all of the Special Tax Revenues (except Special Tax Revenues deposited in the Administrative Expense Fund) and all moneys deposited in the Bond Fund and, until disbursed as provided herein, in the Redemption Fund and the Special Tax Fund. The Bonds are further secured by a first pledge of all of the moneys deposited in the Reserve Fund. The Special Tax Revenues and all moneys deposited into said funds (except as otherwise provided herein) are hereby dedicated to the payment of the principal of, and interest and any premium on, the Bonds as provided herein and in the Act until all of the Bonds have been paid and retired or until moneys or Federal Securities have been set aside irrevocably for that purpose in accordance with Section 10.3. Amounts in the Administrative Expense Fund, the Rebate Fund, the Costs of Issuance Fund and the Project Fund are not pledged to the repayment of the Bonds. The facilities acquired or constructed with the proceeds of the Bonds are not in any way pledged to pay the Debt Service on the Bonds. Any proceeds of condemnation or destruction of any facilities financed with the proceeds of the Bonds are not pledged to pay the Debt Service on the Bonds and are free and clear of any lien or obligation imposed hereunder. Section 3.3 Validity of Bonds. The validity of the authorization and issuance of the Bonds shall not be dependent upon the completion ofthe Project or upon the performance by any Person of such Person's obligation(s) with respect to the Project. -27- WDIVEN\324439.5 ~S2 ARTICLE IV FUNDS AND ACCOUNTS Section 4.1 Deposits of Bond Proceeds. The proceeds of the purchase of the Bonds by the Original Purchaser thereof shall be paid to the Fiscal Agent, who shall forthwith set aside, pay over and deposit such proceeds on the Closing Date for the Bonds as follows: (A) to the Interest Account ofthe Bond Fund $ (B) to the Reserve Fund $ (C) to the Costs oflssuance Fund $ (D) to the Project Fund $ (E) to the Capitalized Interest Account of the Escrow Fund $ (F) to the Escrow Fund $ ; and (G) to a temporary suspense account hereby created for such purpose for immediate transfer to the Administrative Services Director for deposit by the Administrative Services Director in the Administrative Expense Fund $40,000.00. Section 4.2 Project Fund. (A) Establishment of Project Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Project Fund to the credit of which deposits shall be made as required by Section 4.1(D). The Fiscal Agent may establish such temporary funds or accounts on its records as it may deem appropriate to facilitate such deposits and transfers. Moneys in the Project Fund shall be held in trust by the Fiscal Agent for the benefit of the City, and shall be disbursed, except as otherwise provided in subsection (C) of this Section, solely for the payment or reimbursement of costs of the Project. (B) Procedure for Disbursement for Project Costs. The Fiscal Agent shall make disbursements from the Project Fund upon receipt of an Officer's Certificate, in substantially the form set forth in Exhibit B to this Agreement, attached hereto and incorporated herein by reference, which shall: -28- WDIVEN\324439.5 2?5j (i) set forth the amount required to be disbursed; the purpose for which the disbursement is to be made; that the disbursement is a proper expenditure from the Project Fund; and the Person to which the disbursement is to be paid; and (ii) certify that no . portion of the amount then being requested to 'be disbursed was set forth in any Officer's Certificate previously filed requesting a disbursement. (C) Transfers to the Bond Fund. (i) On any Interest Payment Date, if there is a deficiency in the Bond Fund of the amount then required for payment of the principal of, and interest and any premium on, the Bonds after all available amounts in the Reserve Fund have been transferred to the Bond Fund pursuant to Section 4.4 (C) hereof, the City may, but is not required to, direct the Fiscal Agent to transfer moneys from the Project Fund to the Bond Fund pursuant to an Officer's Certificate which shall set forth the amount to be transferred. (D) Investment. Moneys in the Project Fund shall be invested and deposited in accordance with Section 6.1. Interest earnings and profits resulting from such investment shall be invested and deposited and shall be retained in the Project Fund to be used for the purposes thereof. (E) Transfer of Funds not Required for Proiect. Upon the filing of an Officer's Certificate stating that the Project has been completed and that all costs of the Project have been paid, or that any such costs are not required to be paid from the Project Fund, the Fiscal Agent shall transfer the amount, if any, remaining in the Project Fund to the Special Tax Fund. (F) Transfer of Funds in case of Abandonment. Upon the filing of an Officer's Certificate stating that the Authorized Officer has determined in his sole discretion that work necessary to construct and complete the Project has ceased for a continuous period of over six months such that the construction of the Project effectively has been abandoned, or that for any reason all or any portion of the amounts then on deposit in the Project Fund will not be expended for Project costs, the Fiscal Agent shall transfer the amounts in the Project Fund as set forth in Subsection (E) of this Section. Section 4.3 Costs of Issuance Fund. (A) Establishment of Costs of Issuance Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Costs of Issuance Fund, to the credit of which a deposit shall be made as required by Section 4.1(C). Moneys in the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in subsection (B) of this Section for the payment or reimbursement of Costs of Issuance. -29- WDIVEN\324439.5 f?$ Lj (B) Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed from time to time to pay Costs of Issuance, as set forth in a requisition containing respective amounts to be paid to the designated payees, signed by an Authorized Officer and delivered to the Fiscal Agept concurrently with tl~e delivery of the Bon4s. The Fiscal Agent ~hall pay all Costs of Issuance after receipt of an invoice from any such payee which requests payment in an amount which is less than or equal to the amount set forth with respect to such payee pursuant to an Officer's Certificate requesting payment of Costs of Issuance. The Fiscal Agent shall maintain the Costs of Issuance Fund for a period of 180 days from the date of delivery of the Bonds and then shall transfer any moneys remaining therein, including any investment earnings thereon, to the Project Fund. (C) Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited in accordance with Section 6.1. Interest earnings and profits resulting from said investment shall be retained by the Fiscal Agent in the Costs of Issuance Fund to be used for the purposes of such fund. Section 4.4 Reserve Fund. (A) Establishment of Fund. There is hereby established as a separate fund to be held by the Fiscal Agent the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Reserve Fund, to the credit of which Fund a deposit shall be made as required by Section 4.1 (B) which deposit is equal to the Reserve Requirement as of the Closing Date for the Bonds, and deposits shall be made as provided in Section 4.6(B). Moneys in the Reserve Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds as a reserve for the payment of principal of, and interest and any premium on, the Bonds and shall be subject to a lien in favor ofthe Owners of the Bonds. (B) Use of Funds. Except as otherwise provided in this Section, all amounts deposited in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Bond Fund in the event of any deficiency at any time in the Bond Fund of the amount then required for payment of the principal of, and interest and any premium on, the Bonds or, in accordance with the provisions of this Section, for the purpose of redeeming Bonds from the Bond Fund. (C) Transfer Due to Deficiency in Bond Fund. Whenever transfer is made from the Reserve Fund to the Bond Fund due to a deficiency in the Bond Fund, the Fiscal Agent shall provide written notice thereof to the Administrative Services Director, specifying the amount withdrawn. (D) Transfer of Excess of Reserve Requirement. If on any August 15, or the first Business Day thereafter if August 15 is not a Business Day, of each year, the amount in the Reserve Fund exceeds the Reserve Requirement, the Fiscal Agent shall, as directed in an Officer's Certificate, transfer an amount equal to the excess from the Reserve Fund to the Interest Account of the Bond Fund to be used for the payment of interest on the Bonds on the next Interest Payment Date in accordance with Section 4.5. -30- WDIVEN\324439.5 <365 (E) Transfer When Balance Exceeds Outstanding Bonds. Whenever the balance in the Reserve Fund exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, ~he Fiscal Agent shall, ~pon receiving written <;lirection from an Authqrized Officer (upon which the Fiscal Agent may conclusively rely), transfer the amount in the Reserve Fund to the Redemption Fund to be applied to the payment and redemption, in accordance with Section 2.3(A) of all of the Outstanding Bonds. In the event that the amount so transferred from the Reserve Fund to the Redemption Fund exceeds the amount required to pay and redeem the Outstanding Bonds, the balance in the Redemption Fund shall be transferred to the District to be used for any lawful purpose of the District. Notwithstanding the foregoing, no amounts shall be transferred from the Reserve Fund pursuant to this Section 4.4(E) until after (i) the calculation of any amounts due to the federal government pursuant to Section 5.13 following payment of the Bonds and withdrawal of any such amount from the Reserve Fund for purposes of making such payment to the federal government, and (ii) payment of any fees and expenses due to the Fiscal Agent. (F) Transfer Upon Special Tax Prepayment. Whenever Special Taxes are prepaid and Bonds are to be redeemed with the proceeds of such prepayment pursuant to Section 2.3(A)(ii) and 4.9(B) hereof, a proportionate amount in the Reserve Fund (determined on the basis of the principal of Bonds to be redeemed and the then principal of the Bonds Outstanding) shall be transferred upon such prepayment by the Fiscal Agent to the Redemption Fund or the Interest Account of the Bond Fund, as applicable, to be applied to the redemption of the Bonds pursuant to written instructions contained in an Officer's Certificate in accordance with Section 4.9(B) hereof. (G) Investment and Transfer to Pay Rebate. Moneys in the Reserve Fund shall be invested and deposited in accordance with Section 6.1. All Permitted Investments in the Reserve Fund shall be valued at their Fair Market Value at least semiannually on March 1 and September 1. Interest earnings and profits resulting from said investment shall be used as required by the District to comply with Section 5.13. No earnings on amounts in the Reserve Fund shall be used by the District to comply with Section 5.13 unless the amount on deposit in the Reserve Fund is equal to the Reserve Requirement. Section 4.5 Bond Fund. (A) Establishment of Bond Fund and Interest Account andPrincioal Account. There is hereby established as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Bond Fund, and within such Fund two accounts, the Interest Account and the Principal Account, to the credit of which deposits shall be made as required by Sections 4. 1 (A), 4.2(C), 4.4(B), 4.4(D), 4.4(F), 4.6(B), and 4.10, and any other amounts required to be deposited' therein by this Agreement or the Act. -31- WDIVEN\324439.5 gS0 Moneys in the Bond Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor ofthe Owners of the Bonds. . . (B) Disbursements. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Interest Account of the Bond Fund and pay to the Owners of the Bonds the interest then due and payable on the Bonds, including any interest due on the Bonds being redeemed pursuant to Section 2.3(A). On each Interest Payment Date, the Fiscal Agent shall withdraw from the Principal Account of the Bond Fund and pay. to the Owners of the Bonds the principal of the Bonds at the maturity thereof or the principal of the term Bonds upon the mandatory sinking fund redemption thereof pursuant to this Agreement. (C) Investment. Moneys in the Bond Fund shall be invested and deposited in accordance with Section 6.1. Interest earnings and profits resulting from the investment and deposit of amounts in the Bond Fund shall be retained in the Bond Fund and used for purposes of such fund. Section 4.6 Special Tax Fund. (A) Establishment of Special Tax Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Special Tax Fund. Moneys in the Special Tax Fund shall be held in trust by the Fiscal Agent for the benefit of the District and the Owners of the Bonds, shall be disbursed as provided below and, pending disbursement, shall be subject to a lien in favor of the Owners of the Bonds and the District. No later than the tenth (1oth) Business Day after which Special Tax Revenues have been received by the City, and in any event not later than February 15th and August 15th of each year, the City shall transfer such Special Tax Revenues to the Fiscal Agent, less an amount equal to the Administrative Expense Requirement, and, except as set forth in the following sentence, such amounts shall be deposited in the Special Tax Fund. (B) Disbursements. With the exception of the Special Tax Revenues representing Special Tax Prepayments which shall be transferred pursuant to Section 4.6(C), below, the Special Tax Revenues deposited in the Special Tax Fund shall be deposited in the following accounts of the Special Tax Fund or transferred to the following other funds and accounts on the dates and in the amounts set forth in the following paragraph and in the following order of priority: 1. The Fiscal Agent shall deposit in the Interest Account of the Bond Fund, on each Interest Payment Date and date for redemption of the Bonds, an amount required to cause the aggregate amount on deposit in the Interest Account to equal the amount of interest due or becoming due and payable on such Interest Payment -32- WDIVEN\324439.5 ~S7 p I Date on all Outstanding Bonds or to be paid on the Bonds being redeemed on such date. 2. The Fiscal Agent shall deposit in the Principal Account of the Bond Fund, on . each.Interest Payment D'ate and redemption date on which principal of the Bonds, including sinking fund payments, shall be payable an amount required to cause the aggregate amount on deposit in the Principal Account to equal the principal amount of, and premium (if any) on, the Bonds coming due and payable on such Interest Payment Date, or required to be redeemed on such date pursuant to this Agreement. 3. On or after March 2 and September 2 of each year after making the transfer and deposits required under paragraphs 1 and 2 above, the Fiscal Agent shall transfer the amount, if any, necessary to replenish the amount then on deposit in the Reserve Fund to an amount equal to the Reserve Requirement. 4. On or after September 2 of each year after making the deposits and transfers required under paragraphs 1 through 3 above, upon receipt of written instructions from an Authorized Officer, the Fiscal Agent shall transfer from the Special Tax Fund to the Rebate Fund the amount specified in such request. 5. On or after September 2 of each year after making the deposits and transfers required under paragraphs I through 4 above, upon receipt of a written request of an Authorized Officer, the Fiscal Agent shall transfer from the Special Tax Fund to the Administrative Services Director for deposit in the Administrative Expense Fund the amounts specified in such request to pay those Administrative Expenses which the District reasonably expects (a) will become due and payable during such Fiscal Year or the cost of which Administrative Expenses have previously been incurred and paid by the District from funds other than the Administrative Expense Fund and (b) the cost of which Administrative Expenses will be in excess of the Administrative Expense Requirement for such Fiscal Year. 6. If, on or after September 2 of each year, after making the deposits and transfers required under paragraphs 1 through 5 above, monies remain in the Special Tax Fund, such monies shall remain on deposit in the Special Tax Fund and shall be subsequently deposited or transferred pursuant to the provisions of paragraphs 1 through 5 above. (C) Prepayments. The Fiscal Agent shall, upon receipt of Special Tax Revenues representing Special Tax Prepayments together with written instructions of the District executed by an Authorized Officer, immediately transfer such Special Tax Prepayments pursuant to such written instructions into the Interest Account of the Bond Fund and the Redemption Fund, as applicable, and utilize such funds to pay the interest and premium, if any, on and principal of Bonds to be redeemed pursuant to Section 2.3(A)(ii). The Fiscal Agent may conclusively rely upon such instructions. -33- WDIVEN\324439.5 2sg (D) Investment. Moneys in the Special Tax Fund shall be invested and deposited in accordance with Section 6.1. Interest earnings and profits resulting from such investment and deposit shall be transferred to the Special Tax Fund to be used for the purposes thereof. (E) Transfer to Redemption Fund. Ally Officer's Certificate issued pursuant to subsections (E) or (F) of Section 4.2 of this Agreement (other than an Officer's Certificate issued more than one year prior to the first date on which optional redemption of Bonds is permitted pursuant to subsection 2.3(A)(i) of this Agreement) may direct that all or any portion of the funds which would otherwise be transferred to the Special Tax Fund be transferred to the Redemption Fund, in which case the Fiscal Agent shall apply such amounts in accordance with Section 4.9 of this Agreement as directed in an Officer's Certificate. (F) Transfer to the District. When there are no longer any Bonds Outstanding, any amounts then remaining on deposit in the Special Tax Fund shall be transferred to the District and used for any lawful purpose under the Act. Section 4.7 Administrative Expense Fund. (A) Establishment of Administrative Expense Fund. There is hereby established as a separate fund to be held by the Administrative Services Director, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Administrative Expense Fund to the credit Of which deposits shall be made as required by Section 4.1 (F). Moneys in the Administrative Expense Fund shall be held in trust by the Administrative Services Director for the benefit of the District and shall be used to pay Administrative Expenses from time to time. (B) Investment. Moneys in the Administrative Expense Fund shall be invested and deposited in accordance with Section 6.1. Interest earnings and profits resulting from said investment shall be retained by the Administrative Services Director in the Administrative Expense Fund to be used for the purposes thereof. Section 4.8 Rebate Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Rebate Fund. The Rebate Fund shall be held and maintained by the Fiscal Agent. On September 15 of each year (or at such other times and or such other intervals as may be required or permitted by regulations of the United States Internal Revenue Service), the City shall determine whether any portion of investment earnings from any account established by this Agreement must be rebated to the United States pursuant to Section 148 of the Code. At the written direction of the District, any amounts required to be rebated will be transferred from any available source, including the Special Tax Fund pursuant to Section 4.6, to the Rebate Fund. The City is authorized to retain independent attorneys, accountants and other consultants to assist in complying with the requirements of the Code, and the fees of such consultants may be paid from the Administrative Expense Account. The Fiscal Agent may rely conclusively upon -34- WDIVEN\324439.5 ~~C; the City's determinations, calculations and certifications required by this Section 4.8. The Fiscal Agent shall have no responsibility to make any independent calculation or determination or to review the City's calculations hereunder. Amount's in the Rebate Fund shall be invested without' yield restriction and shall be held in trust for rebate to the United States at the written direction of the Administrative Services Director. Earnings on the Rebate Fund are to remain in that account and shall similarly be held in trust for rebate to the United States. Section 4.9 Redemption Fund. (A) Establishment of Redemption Fund. There is hereby established as a separate fund to beheld in trust by the Fiscal Agent for the Owners of the Bonds, the Community Facilities District 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Redemption Fund, to the credit of which deposits shall be made from funds received by the City representing Special Tax Prepayments and other funds required for redemptions, other than mandatory sinking fund redemptions and which shall be administered as provided below. (B) Disbursement. Monies shall be deposited into the Redemption Fund by the Fiscal Agent pursuant to the terms of Section 4.4(E), 4.4(F), 4.6(C), and 4.6(E) and shall be set aside and used solely for the purpose of redeeming Bonds in accordance with written instructions of the District executed by an Authorized Officer given in accordance with Section 2.3 hereof. Following the redemption of any Bonds, if any funds remain in the Redemption Fund, such funds shall be transferred to the Special Tax Fund. (C) Investment. Moneys in the Redemption Fund shall be invested and deposited in accordance with Section 6.1. Interest earnings and profits resulting from such investment and deposit shall be retained in the Special Tax Fund to be used for the purposes thereof. Section 4~ 1 0 Escrow Fund. (A) Establishment of Escrow Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Escrow Fund and within such Fund a Capitalized Interest Account to the credit of which a deposits shall be made as required by Section 4.1(E). The Fiscal Agent may establish such temporary funds or accounts on its records as it may deem appropriate to facilitate such deposits and transfers. Moneys in the Escrow Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners and shall be transferred only as provided in subsection (B) of this Section. (B) Transfers. (i) Transfers from the Capitalized Interest Account to the Interest Account of the Bond Fund. -35- WDlVEN\324439.5 l5fo6 (a) Moneys on deposit in the Capitalized Interest Account of the Escrow Fund shall be released therefrom on September 1, 2006 and transferred to the Interest Account of the Bond Fund for the payment of interest on the Escrow Bonds whicl,1 is due and payable on ~uch Interest Payment pate. (b) Moneys on deposit in the Capitalized Interest Account of the Escrow Fund shall be released therefrom on March 1, 2007 and transferred to the Interest Account of the Bond Fund for the payment of interest on the Escrow Bonds which is due ~nd payable on such dates unless the Fiscal Agent shall, on or before February 1, 2007, have received a certificate executed by an Authorized Officer stating that the Special Taxes levied on the Zone D Parcels and due and payable on December 10, 2006 have been paid in full. (c) Moneys on deposit in the Capitalized Interest Account of the Escrow Fund shall be released therefrom on September 1, 2007 and transferred to the Interest Account of the Bond Fund for the payment of interest on the Escrow Bonds which is due and payable on such dates unless the Fiscal Agent shall, on or before August I, 2007, have received a certificate executed by an Authorized Officer stating that the Special Taxes levied on the Zone D Parcels and due and payable on April 10, 2007 have been paid in full. . (d) Moneys on deposit in the Capitalized Interest Account of the Escrow Fund shall be released therefrom on March 1, 2008 and transferred to the Interest Account of the Bond Fund for the payment of interest on the Escrow Bonds which is due and payable on such dates unless the Fiscal Agent shall, on or before February 1, 2008, have received a certificate executed by an Authorized Officer stating that the Special Taxes levied on the Zone D Parcels and due and payable on December 10, 2007 have been paid in full. ( e) Moneys on deposit in the Capitalized Interest Account of the Escrow Fund shall be released therefrom on September 1, 2008 and transferred to the Interest Account of the Bond Fund for the payment of interest on the Escrow Bonds which is due and payable on such dates unless the Fiscal Agent shall, on or before August 1, 2008, have received a certificate executed by an Authorized Officer stating that the Special Taxes levied on the Zone D Parcels and due and payable on April 10, 2008 have been paid in full. (ii) Transfers to the Project Fund and the Reserve Fund. Moneys on deposit in the Escrow Fund, including the Capitalized Interest Account thereof, shall be released from the Escrow Fund and transferred to the Project Fund and the Reserve Fund on any date after the Closing Date upon which the Fiscal Agent shall have received an Officer's Certificate certifying that (a) the City has received the Letter of Map Revision or (b) the City has received Special Tax Prepayments for each of the Zone D Parcels. Only one release and transfer of moneys on deposit in the Escrow Fund will be permitted pursuant to this paragraph (ii). -36- WDIVEN\324439.5 ?fo/ If the Fiscal Agent shall have received an Officer's Certificate as described in the preceding paragraph, the Fiscal Agent shall transfer the amounts in the Escrow Fund as follows: (a) Into the' Reserve Fund, the portion of the amount in'the Escrow Fund required to maintain the Reserve Fund at the Reserve Requirement (to the extent that the transfer of the moneys from the Escrow Fund increases the amount required to be on deposit in the Reserve Fund); (b) Into the Bond Fund, the amount, if any, remaining on deposit in the Capitalized Interest Account of the Escrow Fund; and (c) Into the Project Fund, the amount remaining in the Escrow Fund following the transfer to the Reserve Fund pursuant to (a) and (b) above. (iii) Transfers to the Redem?tion Fund. (a) If on the sixtieth (60th) calendar day preceding any Interest Payment Date the Fiscal Agent shall have received a written certificate executed by an Authorized Officer certifying that Special Taxes levied on all or any portion of the Zone D Parcels are then delinquent, the Fiscal Agent shall on such date transfer all moneys on deposit in the Escrow Fund to the Redemption Fund and used to redeem Escrow Bonds pursuant to Section 2.3(A)(iii) on the next succeeding Interest Payment Date. (b) All moneys on deposit in the Escrow Fund, including the Capitalized Interest Account thereof, on January 1, 2009 shall be transferred to the Redemption Fund and used to redeem Escrow Bonds pursuant to Section 2.3(A)(iii) on March 1, 2009. Section 4.11 Letter of Credit Fund. (A) Establishment of Letter of Credit Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Letter of Credit Fund. As a condition precedent to the issuance of the Bonds, the City shall cause the Developer to deposit a Letter of Credit or Cash Deposit in the initial Stated Amount of $ pursuant to the provisions hereto. The Fiscal Agency shall deposit any Letter of Credit, Substitute Letter of Credit or Cash Deposit provided hereto in the Letter of Credit Fund. (B) Deposits to the Letter of Credit Fund; Transfers from the Letter of Credit Fund. (i) Ten (10) Business Days before each Interest Payment Date, the Fiscal Agent shall determine whether amounts on deposit in the Bond Fund and the Special Tax 'Fund for that Interest Payment Date will be sufficient to pay principal of and interest on -37- WDIVEN\324439.5 ~t2 the Bonds that will be due and payable on such Interest Payment Date and notify the City of any deficiency. If amounts in the Bond Fund and the Special Tax Fund will be insufficient to pay principal of and interest on the Bonds and such insufficiency is attributable to th.e delinquency in the payment of Special Ta4es levied on Develop~r Properties, the Fiscal Agent shall upon the receipt of written direction of an Authorized Officer (prior to any withdrawals from the Reserve Fund permitted by Section 4.4) draw upon the Letter of Credit; provided, however, that the amount of such draw (as set forth in said written direction of the Authorized Officer) shall be no greater than the delinquent Special Taxes levied on the Developer Properties. The Fiscal Agent shall deposit the proceeds of any such draw upon a Letter of Credit into the Letter of Credit Fund. On the day preceding the Interest Payment Date, and prior to any transfers from the Reserve Fund, the Fiscal Agent shall transfer the amount of such draw on the Letter of Credit or an equivalent amount from any Cash Deposit from the Letter of Credit Fund to the Bond Fund. In the event of a draw on a Letter of Credit or transfer of funds from a Cash Deposit pursuant to this Section 4.11(B)(i) the Fiscal Agent shall, upon receipt of Delinquency Proceeds representing the Special Taxes the delinquency of which necessitated such draw on such Letter of Credit or transfer of funds from a Cash Deposit, reimburse (a) the applicable Letter of Credit Provider from such Delinquency Proceeds in an amount not to exceed such draw on such Letter of Credit or (b) deposit an amount not to exceed such transfer from such Cash Deposit in the Letter of Credit Fund to replenish such Cash Deposit. (ii) Draws Prior to Termination of the Letter of Credit. If a Letter of Credit is not renewed, or a Substitute Letter of Credit or Cash Deposit in substitution of such Letter of Credit not provided within thirty (30) days prior to the stated expiration date of such Letter of Credit and the requirements for the release or termination of such Letter of Credit have not then been met, the Fiscal Agent shall draw on the full amount of such Letter of Credit without instruction from the City. In the event the Fiscal Agent makes such a draw upon a Letter of Credit, the Fiscal Agent shall deposit the proceeds of such draw into the Letter of Credit Fund and pending any transfer to the Bond Fund for the purposes described in Section 4.11(B)(i) above, such proceeds shall be invested and reinvested by the Fiscal Agent in Permitted Investments described in paragraph 1 or 7 of the definition thereof. At no time shall the District direct that the proceeds of a draw on any Letter of Credit or any Cash Deposit held in the Letter of Credit Fund be invested by the Fiscal Agent at a yield exceeding the yield on the Bonds. Investment earnings and profits from such investments shall be retained in the Letter of Credit Fund until such time as the Letter of Credit Fund is no longer required and at such time all interest earnings shall be paid over to the Developer. (C) Receipt by the City of any Letter of Credit, Substitute Letter of Credit or Cash Deposit. If the City shall receive a Letter of Credit or a Substitute Letter of Credit provided pursuant to the terms hereof or a Cash Deposit in substitution of a Letter of Credit, the City shall immediately transfer such Letter of Credit, Substitute Letter of Credit or Cash Deposit to the -38- WDlVEN\324439.5 ~fo2 Fiscal Agent. If a Substitute Letter of Credit or a Cash Deposit is being provided in substitution of a Letter of Credit, the City shall provide written instructions to the Fiscal Agent to return any Letter of Credit to the Letter of Credit Provider thereof for which a Substitute Letter of Credit or Cash Deposi.t is being provided upQn the effective date of such Substitute Letter. of Credit or upon receipt by the Fiscal Agent of such Cash Deposit. If a Letter of Credit is being provided in substitution of a Cash Deposit, the. City shall provide written instructions to the Fiscal Agent to return the Cash Deposit to the party which provided the Cash Deposit upon the effective date of such Letter of Credit. (D) Renewal and Substitution. A Letter of Credit shall be renewed, or a Substitute Letter of Credit provided, not less than thirty (30) calendar days prior to the expiration of such Letter of Credit or Substitute Letter of Credit then in effect. The Developer may, at any time, provide a Substitute Letter of Credit for a Letter of Credit previously provided to the Fiscal Agent. The Fiscal Agent shall release and return a Letter of Credit for which a Substitute Letter of Credit has been provided to the Letter of Credit Provider upon the effective date of such Substitute Letter of Credit. The Developer may, at any time, provide a Letter of Credit for a Cash Deposit previously provided to the Fiscal Agent. The Fiscal Agent shall return such Cash Deposit to the Developer upon the effective date of such Letter of Credit. The Developer may, at any time, provide a Cash Deposit for a Letter of Credit previously provided to the Fiscal Agent. Upon receipt of such Cash Deposit, the Fiscal Agent shall return the Letter of Credit to the Letter of Credit Provider. (E) Reduction and/or Termination. Following the sale or transfer by the Developer of the Developer Property or any portion thereof for which a Letter of Credit has been provided to a person or entity other than the Developer or an Affiliate of the Developer, or upon the prepayment of the Special Tax obligation for a parcel within the Developer Property, the Developer may notify the City of such event, in writing, and the Stated Amount of such Letter of Credit shall be reduced and be recalculated as provided for hereinbelow; provided, however, that City shall be required to recalculate such amount and reduce such Letter of Credit a maximum of four (4) times each calendar year. Such Letter of Credit shall be terminated when the Developer Property is subject to the levy of less than 20% of the aggregate Special Taxes authorized to be levied within the District. If the Developer has provided a Cash Deposit in lieu of a Letter of Credit, upon the occurrence of a sale or prepayment as described in the preceding paragraph, the Stated Amount of such Cash Deposit shall be reduced; provided, however, that the City shall be required to recalculate such amount and reduce such Cash Deposit a maximum of four (4) times each calendar year. Such Cash Deposit shall be terminated when the Developer Property is subject to the levy of less than 20% of the aggregate Special Taxes authorized to be levied within the District. -39- WDIVEN\324439.5 gc;y; ARTICLE V OTHER COVENANTS OF THE CITY . . ' Section 5.1 Punctual Payment. The City will punctually payor cause to be paid the principal of, and interest and any premium on, the Bonds when and as due in strict conformity with the terms of this Agreement and any Supplemental Agreement, and it will faithfully observe and perform all of the conditions covenants and requirements of this Agreement and aU Supplemental Agreements and of the Bonds. Section 5.2 Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the City shall not on the District's behalf, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing .or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the City, such claim for interest so extended or funded shall not be 'entitled, in case of default hereunder, to the ben~fits of this Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have so extended or funded. Section 5.3 Against Encumbrances. Neither the City nor the District will encumber, pledge or place any charge or lien upon any of the Special Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the Bonds, except as permitted by this Agreement. Section 5.4 Books and Records. The City will keep, or cause to be kept, on behalf of the District proper books of record and accounts, separate from all other records and accounts of the District, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Administrative Expense Fund. Such books of record and accounts shall at all times during normal business hours of the City be subject to the inspection of the Fiscal Agent, the Owners of not less than ten percent (10%) of the principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing, and the payors of the Special Taxes, or their representatives duly authorized in writing. The Fiscal Agent will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Fiscal Agent, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Special Tax Fund, the Bond Fund, the Redemption Fund, the Project Fund, the Reserve Fund, the Costs of Issuance Fund and the Rebate Fund. Such books of record and accounts shall at all times during normal business hours of the Fiscal Agent be subject to the inspection of the City, the Owners of not less than ten percent (10%) of the principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing, and the payors of the Special Taxes, or their representatives duly authorized in writing. -40- WDIVEN\324439.5 ~0S Section 5.5 Protection of Security and Rights of Owners. The City will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all Persons. From and after the delivery of any of the Bonds by the City, the Bonds shall be incontestable by the City.acting either on its own, behalf or on behalf of the District. Section 5.6 Compliance with Law. The City will comply with all applicable provisions ofthe Act and law in completing the construction or acquisition ofthe Project. Section 5.7 Collection of Special Tax Revenues. The City shall comply with all requirements of the Act so as to assure the timely collection of Special Tax Revenues, including without limitation, the enforcement of delinquent Special Taxes. On or within five (5) Business Days of each June I, the Fiscal Agent shall provide the Administrative Services Director with a notice stating the amount then on deposit in the Interest Account and Principal Account of the Bond Fund, the Special Tax Fund and the Reserve Fund, and informing the City that the Special Taxes may need to be levied pursuant to the Ordinance as necessary to provide for Annual Debt Service and Administrative Expenses and replenishment (if necessary) of the Reserve Fund so that the balance therein equals the Reserve Requirement. The receipt of or failure to receive such notice by the Administrative Services Director shall in no way affect the obligations of the Administrative Services Director under the following two paragraphs. Upon receipt of such notice, the Administrative Services Director shall communicate with the Auditor to ascertain the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current year. The Administrative Services Director shall effect the levy of the Special Taxes each Fiscal Year in accordance with the Ordinance by each August 1 that the Bonds are Outstanding, or otherwise such that the computation of the levy is complete before the final date on which Auditor will accept the transmission of the Special Tax amounts for the parcels within the District for inclusion on the next real property tax roll. Upon the completion of the computation of the amounts of the levy, the Administrative Services Director shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy ofthe Special Taxes on the next real property tax roll. The Administrative Services Director shall fix and levy the amount of Special Taxes within the District required for the payment of principal of and interest on any Outstanding Bonds of the District becoming due and payable during the ensuing year, including any necessary replenishment or expenditure of the amount within the Reserve Fund for the Bonds and an amount estimated to be sufficient to pay the Administrative Expenses (including amounts necessary to discharge any obligation under Section 5.13) during such year, taking into account the balances in such funds and in the Bonds Fund, the Redemption Fund and the Special Tax Fund. The Special Taxes so levied shall not exceed the authorized amounts as provided in the Ordinance. -41- WDIVEN\324439.5 ~!ob . The Special Taxes shall be payable and be collected in the same manner and at the same time and in the same installment as the general taxes OJ) real property are payable, and have the same priority, become delinquent at the same time and in the same proportionate amounts and bear , the same proportionate. penalties and interest ~fter delinquency as do .the ad valorem taxes on real property. Notwithstanding the foregoing, the Administrative Services Director shall, not later than July 15 of each Fiscal Year, determine whether or not to cause the collection of any Special Taxes by direct, first class mail billing to the then owner of each parcel of property in lieu of billing for such Special Taxes in the same manner as general taxes as aforesaid. Such direct mail billing shall be made not later than November 1 of the Fiscal Year and shall direct the owner of the property affected to pay the Special Taxes directly to the Administrative Services Director in two equal installments, the first of which shall be due and delinquent if not paid on December 10 and the second of which may be paid with the first and which, in any event, shall be due and delinquent if not paid on April 10 of the Fiscal Year. Any such Special Taxes so billed shall have the same priority and bear the same proportionate penalties and interest after delinquency as do the ad valorem taxes on real property. Notwithstanding the foregoing, the Legislative Body may waive delinquency penalties and redemption penalties ifit makes all of the determinations set forth in Section 53340(t) of the Act. Section 5.8 Reduction in Maximum Annual Special Tax. The District finds and determines that, historically, delinquencies in the payment of special taxes authorized pursuant to the Act in community facility districts in Southern California have from time to time been at levels requiring the levy of special taxes at the maximum authorized rates in order to make timely payment of principal of and interest on the outstanding indebtedness of such community facilities districts. For this reason, the City has determined that, absent the certification described below, a reduction in the Maximum Annual Special Tax (as such term is defined in the Rate and Method) authorized to be levied below the levels provided would interfere with the timely retirement of the Bonds. The City has determined it to be necessary in order to preserve the security for the Bonds to covenant and, to the maximum extent that the law permits it to do so, the City does covenant, that it shall not initiate proceedings to reduce the Maximum Special Tax Rates (as such term is defined in the Rate and Method) unless, in connection therewith, (i) the City receives a certificate from one or more Tax Consultants which, when taken together, certify that, on the basis of the parcels of land and improvements existing in the City as of the July 1 preceding the reduction, the Maximum Annual Special Tax which may be levied on all Assessor's Parcels (as such term is defined in the Rate and Method) of taxable property on which a completed structure is located in each Fiscal Year will equal at least 110% of the gross debt service on all Bonds to remain Outstanding after the reduction is approved and will not reduce the Maximum Annual Special Tax payable from parcels on which a completed structure is located to less than 110% of Maximum Annual Debt Service; and (ii) the Legislative Body finds pursuant to this Agreement that any reduction made under such conditions will not adversely affect the interests of the Bondowners. Any reduction in the Maximum Annual Special Tax -42- WDIVEN\324439.5 ?t 7 approved pursuant to the preceding sentence may be approved without the consent of the Bondowners. The City covenants that, in the event that any initiative is adopted by the qualified electors which' purports to reduce the Maximum Annual Special Tax below the levels authorized pursuant to the Rate and Method or to limit the power or authority of the City to levy Special Taxes pursuant to the Rate and Method, the City shall, from funds available hereunder, commence and pursue legal action in order to preserve the authority and power of the City to levy Special Taxes pursuant to the Rate and Method. Section 5.9 Covenant to Foreclose. On or before March 1 and June 1 of each Fiscal year, the City will review the public records of the County in connection with the Special Taxes levied in such Fiscal Year to determine the amount of Special Taxes actually collected in such Fiscal Year. If the City determines that (a) any single parcel subject to the Special Taxes is delinquent in the payment of Special Taxes in the aggregate of $12,500 or more or (b) any parcels under common ownership subject to the Special Taxes are delinquent in the payment of Special Taxes in the aggregate of $25,000 or more, the City shall, not later than forty-five (45) days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner. The City shall cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than ninety (90) days of such determination against any parcel for which a notice of delinquency was given pursuant to this section and for which the Special Taxes remain delinquent. With respect to aggregate delinquencies throughout the District, if the City determines that it has collected less than 90% of the Special Taxes levied in the such Fiscal Year, then the City shall, not later than forty-five (45) days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the owner of each delinquent parcel (regardless of the amount of such delinquency). The City will cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than ninety (90) days of such determination against any parcel for which a notice of delinquency was given pursuant to this section and for which the Special Taxes remain delinquent. Section 5.10 Further Assurances. The City will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for the better assuring and confirming unto the Owners of the rights and benefits provided in this Agreement. Section 5.11 Private Activity Bond Limitations. The City shall assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of section 141 (b) of the Code or the private loan financing test of section 141 (c) of the Code. Section 5.12 Federal Guarantee Prohibition. The City shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. -43- WDIVEN\324439.5 9/oCZ Section 5.13 Rebate Requirement. The City shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Bonqs. Funds shall be tr~sferred to a Rebate ,Fund, to be held by the Fiscal Agent, in accordance with this Agreement. If necessary, the City may use (i) earnings on amounts in the Reserve Fund if the amount on deposit in the Reserve Fund, following the proposed transfer, is equal to the Reserve Requirement, (ii) amounts on deposit in the Administrative Expense Fund, and (iii) any other funds available to the District, including amounts advanced by the City, in its sole discretion, to be repaid by the District in connection with the District as soon as practicable from amounts described in the preceding clauses (i), (ii) and (iii), to satisfy its obligations under this Section 5.13. The Administrative Services Director shall take note of any investment of monies hereunder in excess of the yield on the Bonds, and shall take such actions as are necessary to ensure compliance with this Section 5.13, such as increasing the portion of the Special Tax levy for Administration Expenses as appropriate to have funds available in the Administrative Expense Fund to satisfy any rebate liability under this Section 5.13. Section 5.14 No Arbitrage. The City shall not take, or permit or suffer to be taken by the Fiscal Agent or otherwise, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be "arbitrage bonds" within the meaning of section 148 of the Code. Section 5.15 Yield of the Bonds. In determining the yield of the Bonds to comply with Section 5.13 and 5.14 hereof, the City will take into account redemption (including premium, if any) in advance of maturity based on the reasonable expectations of the City, as of the Closing Date" regarding prepayments of Special Taxes and use of prepayments for redemption of the Bonds, without regard to whether or not prepayments are received or Bonds redeemed. Section 5.16 Maintenance of Tax-Exemption. The City shall take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the Owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds. Section 5 .17 Continuing Disclosure to Owners. (A) In addition to its obligations under Section 10.7, the City covenants and agrees that it will comply with and carry out all of the provisions of that certain Continuing Disclosure Agreement dated as of June 1, 2006 between the City and the Fiscal Agent (the "Continuing Disclosure Agreement"). Notwithstanding any other provision of this Agreement, failure of the City to comply with the Continuing Disclosure Agreement shall not be considered a breach of the provisions of this Agreement; however, upon the written direction of the owners of at least 25% aggregate principal amount of the Bonds Outstanding, the Fiscal Agent shall, or any Bondowner may, take such actions as may be necessary and appropriate, including seeking -44- WDIVEN\324439.5 ?101 mandate or specific performance by court order, to cause the City to comply with its obligations under this Section. The Administrative Services Director shall provide copies of any reports prepared pursuant to the Continuing Disclosure Agreement to any Bondowner upon the written'request of a Bondowner, delivered to the Administrative Services Director accompanied by payment by the Person requesting the information of the cost of the City to photocopy and pay any postage or other delivery cost to provide the same, as determined by the Administrative Services Director. (B) The City further agrees, in addition to the foregoing, to provide to any Bondowner upon the written request of such Bondowner delivered to the Administrative Services Director accompanied by payment by such Bondowner of the cost of the City to photocopy and pay any postage or other delivery cost to provide the same, as determined by the Administrative Services Director, the following: an annual report regarding the District which report shall include the amount of Special Taxes levied on each County Assessor's Parcel of real property in the District in the preceding year, the then delinquency status of Special Taxes with respect to each such parcel as known to the Administrative Services Director, and a summary of any deposits to and/or withdrawals from the Special Tax Fund and the Reserve Fund in the prior year. (C) As used in this Section and Section 10.7, where the Bonds are held in book-entry form, the term "Bondowner" shall be deemed to include any Beneficial Owner of Bonds who provides to the Administrative Services Director a written request accompanied by payment of costs to provide information, as described in Section 5.17(A) and (B) and the final paragraph of Section 10.7 countersigned by the relevant DTC participant acting on behalf of such Beneficial Owner or such similar evidence of beneficial ownership reasonably satisfactory to the Administrative Services Director. (D) None of the City and its officers, agents and employees, the Administrative Services Director, the Original Purchaser or the Fiscal Agent shall be liable for any inadvertent error in reporting the information required by this Section 5.17. Section 5.18 Tender of Bonds. The City covenants that it will not adopt any policy pursuant to Section 53341.1 of the Act permitting tender of Bonds in full payment or partial payment of any Special Taxes unless it first receives a certificate of a Tax Consultant that accepting such tender will not result in the District having insufficient Special Tax Revenues to pay the principal of and interest on the Bonds when due. Section 5.19 No Parity Bonds. The City will issue no additional bonds on a parity with the Bonds; provided, that nothing contained herein shall limit the issuance of any Special Tax Bonds of the District if (a) the rights and claims of such bonds to the Special Tax Revenues and the funds and accounts established or described in this Agreement are in all respects subordinate to the rights and claims of the Bonds, or (b) after the issuance and delivery of such Special Tax Bonds, none of the Bonds shall be Outstanding. Defeased Bonds, or Bonds in exchange for or in lieu of which other bonds have been delivered, shall not be considered Outstanding. . -45- WDlVEN\324439.5 ?16 ARTICLE VI INVESTMENTS, DISPOSITION OF INVESTMENT PROCEEDS, LIABILITY OF THE CITY Section 6.1 Deposit and Investment of Moneys in Funds. Moneys in the Administrative Expense Fund shall be invested by the Administrative Services Director in Permitted Investments, which will, by their terms, mature as close as practicable to the date the Administrative Services Director estimates the moneys represented by the particular investment will be needed for withdrawal from the Administrative Expense Fund. Except as otherwise specified herein, moneys in the Special Tax Fund, the Bond Fund, the Project Fund, the Reserve Fund and the Costs of Issuance Fund shall at the written direction of the District contained in an Officer's Certificate given at least two (2) days prior, be invested and reinvested by the Fiscal Agent in Permitted Investments (including investments with the Fiscal Agent or an affiliate of the Fiscal Agent or investments for which the Fiscal Agent or an affiliate of the Fiscal Agent acts as investment advisor or provides other services so long as the investments are Permitted Investments). Moneys in the Redemption Fund and the Rebate Fund shall, as set forth in an Officer's Certificate, be invested by the Fiscal Agent in Government Obligations. In the absence of any such Officer's Certificate, the Fiscal Agent shall invest solely in Permitted Investments described in paragraph 7 of the definition thereof. The Administrative Services Director shall make note of any investment of funds hereunder in excess of the yield on the Bonds, so that appropriate actions can be taken to assure compliance with Section 5.13. The District acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the District the right to receive brokerage confirmations of security transactions as they occur, the District specifically waives receipt of such confirmations to the extent permitted by law. The Fiscal Agent will furnish the District periodic cash transaction statements, which include detail for all investment transactions made by the Fiscal Agent hereunder. Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund or account. Any income realized on or losses resulting from investments in any fund or account shall be credited or changed to such fund or account. Whenever in this Agreement any moneys are required to be transferred by the City to the Fiscal Agent, such transfer may be accomplished by transferring a like amount of Permitted Investments. The Fiscal Agent and its affiliates or the Administrative Services Director may act as sponsor, advisor, depository, principal or agent in the acquisition or disposition of any investment. The Fiscal Agent shall not incur any liability for losses arising from any investments made pursuant to this Section The Fiscal Agent shall not be required to determine the legality of any investments. -46- WDIVEN\324439.5 <271 Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or account created by or pursuant to this Agreement, or otherwise containing gross proceeds of the Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of" and valued (as of the qate that valuation is required by this Agreeme~t of the Code) at Fair Market Value. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under the applicable provisions of the Code and (unless valuation is undertaken at least annually) investments in the Reserve Fund shall be valued at their present value (within the meaning of section 148 of the Code). The Fiscal Agent shall not be liable for verification of the application of such sections of the Code. Investments in any and all funds and accounts may be commingled in a separate fund or funds for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of particular funds or accounts of amounts received or held by the Fiscal Agent hereunder, provided that the Fiscal Agent shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in this Agreement. Subject to the restrictions set forth herein and/or any written investment instructions received by Fiscal Agent pursuant to this Section 6.1, monies in said funds and accounts may be from time to time invested by the Fiscal Agent in any manner so long as: (1) Monies in the Project Fund shall be invested in obligations which will by their terms mature as close as practicable to the date the District estimates the monies represented by the particular investment will be needed for withdrawal from such Fund; and (2) Monies in the Special Tax Fund, the Bond Fund, the Redemption Fund and the Reserve Fund shall be invested only in obligations which will by their terms either mature' or allow for withdrawals at par on such dates so as to ensure the payment of principal and interest on the Bonds as the same become due; provided, however, that except for investment agreements as described in paragraph 11 of the definition of Permitted Investments which permit withdrawal at par, investment of monies on deposit in the Reserve Fund shall have an average aggregate weighted term not greater than five (5) years. The Fiscal Agent or Administrative Services Director, as applicable shall sell at Fair Market Value, or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such investment s~curity is credited and neither the Fiscal Agent nor the Administrative Services Director shall be liable or responsible for any loss resulting from the acquisition or disposition of such investment security in accordance herewith. Section 6.2 Liability of City. The City shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it on.behalf of the District. The City shall -47- WDIVEN\324439.5 S12 not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The City shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions covenants or agreements of the Fiscal .Agent herein or of any of the documents exeyuted by the Fiscal Ag~nt in connection with the Bonds, or as to the existence of a default or event of default thereunder. In the absence of gross negligence or bad faith, the City, including the Administrative Services Director, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the City and conforming to the requirements of this Agreement. The City, including the Administrative Services Director, shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the City to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The City and the Administrative Services Director may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The City may consult with counsel, who may be the City Attorney, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Neither the City nor the District shall be bound to recognize any Person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and title thereto satisfactory established, if disputed. Whenever in the administration of its duties under this Agreement the City or the Administrative Services Director shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereofbe herein specifically prescribed) may, in the absence of willful misconduct on the part of the City, be deemed to be conclusively proved and established by a certificate of the Fiscal Agent, an Independent Financial Consultant, an Appraiser or a Tax Consultant, as appropriate, and such certificate shall be full warranty to the City and the Administrative Services Director for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the City or the Administrative Services Director may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.3 Employment of Agents by City. In order to perform its duties and obligations hereunder, the City and/or the Administrative Services Director may employ such -48- WDIVEN\324439.5 ~73 persons or entities as it deems necessary or advisable. The City shall not be liable for any of the acts or omissions of such persons or entities employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinatiqns and directions of suc.h persons or entities. -49- WDIVEN\324439.5 g7tf ARTICLE VII THE FISCAL AGENT Section 7.1 Avpointment of Fiscal Agent. Wells Fargo Bank, National Association, is hereby appointed Fiscal Agent and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall bea party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section, shall be the successor to such Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. Upon thirty (30) days prior written notice, the City may remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.1, combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Fiscal Agent may at any time resign by giving written notice to the City and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section within forty-five (45) days after the Fiscal Agent shall have given to the City written notice of its resignation or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent or any Owner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent. If, by reason of the judgment of any court, or regulatory agency, the Fiscal Agent is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers of the Fiscal Agent hereunder shall be assumed by and vest in the Administrative Services -50- WDIVEN\324439.5 g1~ Director of the City in trust for the benefit of the Owners. The City covenants for the direct benefit of the Owners that its Administrative Services Director in such case shall be vested with all of the rights and powers of the Fiscal Agent hereunder, and shall assume all of the responsibilit.ies and perform all of the duties of the Fisc,al Agent hereunder, in, trust for the benefit of the Owners of the Bonds. In such event, the Administrative Services Director may designate a successor Fiscal Agent qualified to act as Fiscal Agent hereunder. Section 7.2 Liability of Fiscal Agent. The recitals of facts, covenants and agreements herein and in the Bonds contained shall be taken as statements, covenants and agreements of the City, and the Fiscal Agent assumes no responsibility for the correctness of the same, or makes any representations as to the validity or sufficiency of this Agreement or of the Bonds, or shall incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed uponit. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. In the absence of bad faith or gross negligence, the Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this Agreement; but in the case of any such certificates or opinions by which any provision hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement. Except as provided above in this paragraph, the Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement, upon any resolution, order, notice, request, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper Person or to have been prepared and furnished pursuant to any provision of this Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Fiscal Agent shall not be liable for any error of judgment made in good faith unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request or direction of any of the Owners pursuant to this Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or -51- WDIVEN\324439.5 g7fo indemnity against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. . The Fiscal Age~t may become the Ow~er of the Bonds with ,the same rights it wou~d have if it were not the Fiscal Agent. Section 7.3 Information. The Fiscal Agent shall provide to the City such information relating to the Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the City shall reasonably request, including but not limited to, quarterly statements reporting funds held and transactions by the Fiscal Agent. Section 7.4 Notice to Fiscal Agent. The Fiscal Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Fiscal Agent may consult with counsel, who may be counsel to the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The Fiscal Agent shall not be bound to recognize any Person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and title thereto satisfactorily established, if disputed. Whenever in the administration of its duties under this Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed to be conclusively proved and established by an Officer's Certificate, and such certificate shall be full warrant to the Fiscal Agent for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 7.5 Compensation: Indemnification. The City shall pay to the Fiscal Agent from time to time reasonable compensation for all services rendered as Fiscal Agent under this Agreement, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of their attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Agreement, but the Fiscal Agent shall not have a lien therefor on any funds at any time held by it under this Agreement. The City further agrees, to the extent permitted by applicable law, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The obligation of the City under this Section shall survive resignation or removal of the Fiscal Agent under this Agreement and payment of the Bonds and discharge of this Agreement, but any monetary obligation of the City arising under this Section shall be limited solely to amounts on deposit in the Administrative Expense Fund. -52- WDIVEN\324439.5 t'77 ARTICLE VIII MODIFICATION OR AMENDMENT OF THIS AGREEMENT SectIon 8.1 Amendments' Permitted. This Agreement and the rights and' obligations of the City and/or District and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of Owners, or with the written consent without a meeting, of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 8.4. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the City to pay the principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation by the City of any pledge or lien upon the Special Taxes superior to or on a parity with the pledge and lien created for the benefit of the Bonds (except as otherwise permitted by the Act, the laws of the State of California or this Agreement), or reduce the percentage of Bonds required for the amendment hereof. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. This Agreement and the rights and obligations of the City and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for anyone or more of the following purposes: (A) to add to the covenants and agreements of the District or City in this Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power herein reserved to or conferred upon the City or District; (B) to make modifications not adversely affecting any Outstanding Bonds of the City or the District in any material respect; (C) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Agreement, or in regard to questions arising under this Agreement, as the District or City and the Fiscal Agent may deem necessary or desirable and not inconsistent with this Agreement, and which shall not adversely affect the rights ofthe Owners ofthe Bonds; and (D) to make such additions, deletions or modifications as may be necessary or desirable to assure exemption from gross federal income taxation of interest on the Bonds. Section 8.2 Owners' Meetings. The City on behalf of the District may at any time call a meeting of the Owners. In such event the City is authorized to fix the time and place of said meeting and to provide for the giving of notice thereof, and to fix and adopt rules and regulations for the conduct of said meeting. -53- WDIVEN\324439.5 '~7~ Section 8.3 Procedure for Amendment with Written Consent of Owners. The City on behalf of the District and the Fiscal Agent may at any time adopt a Supplemental Agreement amending the provisions of the Bonds or of this Agreement or any Supplemental Agreement, to th~ extent that such amen4ment is permitted by S~ction 8.1, to take effec~ when and as provided. in this Section. A copy of such Supplemental Agreement, together with a request to Owners for their consent thereto, shall be mailed by first class mail, by the Fiscal Agent to each Owner of Bonds Outstanding, but failure to mail copies of such Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as in this Section provided. Such Supplemental Agreement shall not becqme effective unless there shall be filed with the Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in Section 8.4) and a notice shall have been mailed as hereinafter in this Section provided each such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 10.4. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Bonds shall have filed their consents to the Supplemental Agreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the papers required by this Section 8.3 to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the District, City and the Owners of all Bonds at the expiration of thirty (30) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such thirty-day period. Section 8.4 Disqualified Bonds. Bonds owned or held for the account of the District or City, excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose of any vote, consent or other action or any calculation of Outstanding Bonds provided for in this Article VIII, and shall not be entitled to vote upon, consent to, or take any other action provided for in this Article VIII. -54- WDIVEN\324439.5e ~1r Section 8.5 Effect of Supplemental Agreement. From and after the time any Supplemental Agreement becomes effective pursuant to this Article VIII, this Agreement shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations ~nder this Agreement o.f the City, District, an~ all Owners of Bonds, Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes. Section 8.6 Endorsement or Replacement of Bonds Issued After Amendments. The City or District may determine that Bonds issued and delivered after the effective date of any action taken as provided in this Article VIII shall bear a notation, by endorsement or otherwise~ in form approved by the City or District, as to such action. In that case, upon demand of the Owner of any Bond Outstanding at such effective date and presentation of his Bond for that purpose at the Principal Office of the Fiscal Agent or at such other office as the City may select and designate for that purpose, a suitable notation shall be made on such Bond. The City on behalf of the District may determine that new Bonds, so modified as in the opinion of the City on behalf of the District is necessary to conform to such Owner's action, shall be prepared, executed and delivered. In that case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for Bonds then Outstanding, upon surrender of such Bonds. Section 8.7 Amendatory Endorsement of Bonds. The provisions of this Article VIII shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. -55- WDIVEN\324439.5 ~gb ARTICLE IX EVENTS OF DEFAULT; REMEDIES Section 9.1 Events of Default. Anyone or more of the following events shall constitute an "event of default": (A) Default in the due and punctual payment of the principal of or redemption premium, if any, on any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by declaration or otherwise; (B) Default in the due and punctual payment of the interest on any Bond when and as the same shall become due and payable; or (C) Default by the City or the District in the observance of any of the agreements, conditions or covenants on its part in this Agreement or in the Bonds contained (other than a payment default referred to in subparagraph (A) and (B) above), and the continuation of such default for a period of 60 days after the City and the District shall have been given notice in writing of such default by the Fiscal Agent or by the Owners of 25% aggregate principal amount of Bonds Outstanding, provided that if within 60 days the City or the District, as applicable, has commenced curing of the default and diligently pursues elimination thereof, such period shall be extended to permit such default to be eliminated. Section 9.2 Remedies of Owners. Following the occurrence of an event of default, any Owner shall have the right for the equal benefit and protection of all Owners similarly situated: (A) By mandamus or other suit or proceeding at law or in equity to enforce his or her rights against the City or the District and any of the members, officers and employees ofthe City or the District, and to compel the City or District, as applicable, or any such members, officers or employees to perform and carry out their duties under the Act and their agreements with the Owners as provided in this Agreement; (B) By suit in equity to enjoin any actions or things which are unlawful or violate the rights of the Owners; or (C) By a suit in equity to require the City or the District, as applicable, and its members, officers and employees to account as the trustee of an express trust. Nothing in this article or in any other provision of this Agreement, or in the Bonds, shall affect or impair the obligation of the District, which is absolute and unconditional, to pay the interest on and principal of the Bonds to the respective Owners of the Bonds at the respective dates of maturity, as herein provided, out ofthe Special Tax Revenues pledged for such payment, or affect or impair the right of action, which is also absolute and unconditional, of such Owners -56- WDIVEN\324439.5 ~<6/ to institute suit to enforce such payment by virtue of the contract embodied in the Bonds and in this Agreement. A waiver of any default or breach of duty or contract by any Owner shall not affect any subsequent default or breach of duty' or contract, or impair ~my rights or remedies on any such subsequent default or breach. No delay or omission by any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein, and every power and remedy conferred upon the Owners by the Act or by this article may be enforced and exercised from time to time and as often as shall be deemed expedient by the Owners. If any suit, action or proceeding to enforce any right or exercise any remedy is abandoned or determined adversely to the Owners, the City, the District and the Owners shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. No remedy herein conferred upon or reserved to the Owners is intended to be exclusive of any other remedy. Every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing, at law or in equity or by statute or othelWise, and may be exercised without exhausting and without regard to any other remedy conferred by the Act or any other law. The Fiscal Agent shall not be obligated to take any action on behalf of the Owners if the City or the District defaults under this Agreement. Section 9.3 Application of Special Tax Revenues and Other Funds After Default. All amounts received by the Fiscal Agent pursuant to any right given or action taken by the Owners under the provisions of this Agreement shall be applied by the Fiscal Agent in the following order upon presentation of the several Bonds, and the stamping thereon of the amount of the payment if only partially paid, or upon the surrender thereof if fully paid - First, to the payment of the costs and expenses of the Fiscal Agent, including reasonable compensation to its agents, attorneys and counsel; Second, to the payment of the whole amount of interest on and principal of the Bonds then due and unpaid, with interest on overdue installments of principal and interest to the extent permitted by law at the net effective rate of interest then borne by the Outstanding Bonds; provided, however, that in the event such amounts shall be insufficient to pay in full the full amount of such interest and principal, then such amounts shall be applied in the following order of priority: (i) to the payment of all installments of interest on the Bonds then due and unpaid, on a pro rata basis in the event that the available amounts are insufficient to pay all such interest in full; -57- WDIVEN\324439.5 g-E'Z (ii) to the payment of all installments of principal of the Bonds then due and payable, on a pro rata basis in the event that the available amounts are insufficient to pay all such principal in full; and (iii) to the payment of interest on overdue installments o'f principal and interest with respect to the Bonds, on a pro rata basis in the event that the available amounts are insufficient to pay all such interest in full. -58- WDIVEN\324439.5 ~<t3 ARTICLE X MISCELLANEOUS Section 10.1 Benefits of Agreement Limited to Parties. Nothing in this Agreement, expressed or implied, is intended to give to any Person other than the City, the District, the Fiscal Agent and the Owners, any right, remedy, claim under or by reason of this Agreement. Any covenants, stipulations, promises or agreements in this Agreement contained by and on behalf of the City shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent. Section 10.2 Successor is Deemed Included in All References to Predecessor. Whenever in this Agreement or any Supplemental Agreement either the City or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the City or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. . Section 10.3 Discharge of Agreement. The City shall have the option to pay and discharge the entire indebtedness on all or any portion of the Bonds Outstanding in anyone or more ofthe following ways: (A) by well and truly paying or causing to be paid the principal of, and interest and any premium on, such Bonds Outstanding, as and when the same become due and payable; (B) by depositing with the Fiscal Agent, in trust, at or before maturity, money which, together with the amounts then on deposit in the funds and accounts provided for in Sections 4.4 and 4.5 is fully sufficient to pay such Bonds Outstanding, including all principal, interest and redemption premiums; or (C) by irrevocably depositing with the Fiscal Agent, in trust, cash and Federal Securities in such amount as the City on behalf of the District shall determine as confirmed by an independent certified public accountant will, together with the interest to accrue thereon and moneys then on deposit in the fund and. accounts provided for in Sections 4.4 and 4.5, be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates. If the City shall have taken any of the actions specified in (A), (B) or (C) above, and if such Bonds are to be redeemed prior to the maturity thereof notice of such redemption shall have been given as in this Agreement provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, then, at the election of the City, and notwithstanding that any Bonds shall not have been surrendered for payment, the pledge of the Special Taxes and -59- WDIVEN\324439.5 ~gcf other funds provided for in this Agreement and all other obligations of the City under this Agreement with respect to such Bonds Outstanding shall cease and terminate. Notice of such election shall be filed \yith the Fiscal Agent. Notwithstanding the foregoing, the obligation of tp.e City to payor cause, to be paid to the Own~rs of the Bonds not so, surrendered and paid 3;1l sums due thereon, all amounts owing to the Fiscal Agent pursuant to Section 7.5, and otherwise to assure that no action is taken or failed to be taken if such action or failure adversely affects the exclusion of interest on the Bonds from gross income for federal income tax purposes, shall continue in any event. Upon compliance by the City with the foregoing with respect to all Bonds Outstanding, any funds held by the Fiscal Agent after payment of all fees and expenses of the Fiscal Agent, which are not required for the purposes of the preceding paragraph, shall be paid over to the City and any Special Taxes thereafter received by the City shall not be remitted to the Fiscal Agent but shall be retained by the City to be used for any purpose permitted under the Act. Section 10.4 Execution of Documents and Proof of Ownership by Owners. Any request, declaration or other instrument which this Agreement may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed by Owners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the Person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the registry books. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the City or the Fiscal Agent in good faith and in accordance therewith. Section 10.5 Waiver of Personal Liability. No member, officer, agent or. employee of the City shall be individually or personally liable for the payment of the principal of, or interest or any premium on, the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. Section 10.6 Notices to and Demands on City and Fiscal Agent. Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Fiscal Agent to or on the City may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the City with the Fiscal Agent) as follows: -60- WDIVEN\324439.5 ?~S City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: Director of Administrative Services Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the City to or on the Fiscal Agent may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Fiscal Agent with the City) as follows: Wells Fargo Bank 707 Wilshire Boulevard, 1 ih Floor Los Angeles, California 90071 Attention: Corporate Trust Services Section 10.7 State Reporting Requirements. The following requirements shall apply to the Bonds, in addition to those requirements under Section 5.17: (A) Annual Reporting. Not later than October 30 of each calendar year, beginning with the October 30 first succeeding the date of the Bonds, and in each calendar year thereafter until the October 30 following the final maturity of the Bonds, the Administrative Services Director shall cause the following information to be supplied to CDIAC and to the other entities specified in Section 5.17(A): (i) the principal amount of the Bonds Outstanding; (ii) the balance in the Reserve Fund; (iii) the balance in the Interest Account of the Bond Fund representing capitalized interest; (iv) the number of parcels in the District which are delinquent in the payment of Special Taxes, the amount of each delinquency, the length of time delinquent and when foreclosure was commenced for each delinquent parcel; (v) the balance in. the Project Fund; and (vi) the assessed value of all parcels in the District subject to the levy of the Special Taxes as shown in most recent equalized roll. The annual reporting shall be made using such form or forms as may be prescribed by CDIAC. (B) Other Reporting. If at any time the Fiscal Agent fails to pay principal and interest due on any scheduled payment date for the Bonds, or if funds ~e withdrawn from the Reserve Fund to pay principal and interest on the Bonds beyond levels set by CDIAC, the Fiscal Agent shall notify the Administrative Services Director of such failure or withdrawal in writing. The Administrative Services Director shall notify CDIAC and the Original Purchaser of such failure or withdrawal within 10 days of such failure or withdrawal. (C) Amendment. The reporting requirements of this Section 10.7 shall be amended from time to time, without action by the District, City or the Fiscal Agent, to reflect any amendments to Section 53359.5(b) or Section 53359.5(c) of the Act. (D) No Liability. None of the District, City and its officers, agents and employees, the Administrative Services Director or the Fiscal Agent shall be liable for any inadvertent error in reporting the information required by this Section 10.7. -61- WDIVEN\324439.5 g~0 The Administrative Services Director shall provide copies of any of such reports to any Bondowner upon the written request of a Bondowner and payment by the Person requesting the information of the cost of the City to photocopy and pay any postage or other delivery cost to pr,ovide the same, as ~etermined by the A~ministrative Services, Director. The te~ "Bondowner" for purposes of this Section 1 0.7 shall include any beneficial owner of the Bonds as described in Section 5.17(B). Section 10.8 Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The City hereby declares that it would have adopted this Agreement and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that anyone or more Sections, paragraphs, sentences, clauses, or phrases of this Agreement may be held illegal, invalid or unenforceable. Section 10.9 Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any moneys held by the Fiscal Agent in trust for the payment and discharge of the principal of, and the interest and any premium on, the Bonds which remains unclaimed for two (2) years after the date when the payments of such principal, interest and premium have become payable, if such moneys was held by the Fiscal Agent at such date, shall be repaid by the Fiscal Agent to the City as its absolute property free from any trust, and the Fiscal Agent shall thereupon be released and discharged with respect thereto and the Owners shall look only to the City for the payment of the principal of, and interest and any premium on, such Bonds. Section 10.10 Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California. Section 10.11 Conflict with Act. In the event of a conflict between any provision of this Agreement with any provision of the Act as in effect on the Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement. Section 10.12 Conclusive Evidence of Regularity. Bonds issued pursuant to this Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes. Section 10.13 Payment on Business Day. In any case where the date of the maturity of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption of any Bonds or the date any action is to be taken pursuant to this Agreement is other than a Business Day, the payment of interest or principal (and premium, if any) or the action need not be made on such date but may be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required and no interest shall accrue for the period after such date. Section 10.14 Counterparts. This Agreement may be executed in counterparts, each of -62- WDIVEN\324439,5 ~~7 which shall be deemed an original. -63- WDIVEN\324439.5 ?~g IN WITNESS WHEREOF, the City caused this Agreement to be executed and the Fiscal Agent has caused this Agreement to be executed in its name all as of June 1,2006. CITY OF RANCHO CDCAMONGA, for and on behalf of City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) By: Title: City Manager WELLS FARGO BANK, NATIONAL ASSOCIATION By: Authorized Officer WDIVEN\324439.5 S-1 ~g1 EXHIBIT A FORM OF BOND No. $ UNITED STATES OF AMERICA STATE OF CALIFORNIA CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) 2006 SPECIAL TAX BOND INTEREST RATE MATURITY DATE September 1, _ BOND DATE May 3, 2006 CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Rancho Cucamonga (the "City") for and on behalf of City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District"), for value received, hereby promises to pay solely from the Special Taxes (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from the Bond Date set forth above, or from the most recent interest payment date to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing September 1, 2006, at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the Principal Office (as defined in the Agreement referred to below) of Wells Fargo Bank, National Association (the "Fiscal Agent). Interest on this Bond shall be paid by check of the Fiscal Agent mailed on each interest payment date to the registered owner hereof as of the close Exhibit A Page 1 WDIVEN\324439.5 ~q() of business on the 15th day of the month preceding the month in which the interest payment date occurs (the "Record Date") at such registered owner's address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) oth~rwise upon written request filed with the F~scal Agent prior to ~y Record Date by a . registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $ designated "City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds" (the "Bonds") approved by the qualified electors ofthe District on September 15, 2004, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311, et seq., of the California Government Code (the "Mello-Roos Act") for the purpose of financing the acquisition or construction of certain public facilities within the District, and the financing of certain incidental expenses. The creation of the Bonds and the terms and conditions thereof are provided for by a resolution adopted by the City Council of the City on June _,2006 (the "Resolution"), and the Fiscal Agent Agreement, dated as of June 1, 2006, between the City and the Fiscal Agent (the "Agreement") and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. The Resolution is adopted and the Agreement is entered into under and this Bond is issued under, and all are to be construed in accordance with, the laws of the State of California. Pursuant to the Mello-Roos Act, the Agreement and the Resolution, the principal of and interest on the Bonds are payable solely from the annual special tax authorized under the Mello- Roos Act to be collected within the District (the "Special Taxes") and certain funds held under the Agreement. Interest on this Bond shall be payable from the interest payment date next preceding the date of authentication hereof, unless (i) it is authorized on an interest payment date, in which event it shall bear interest for such interest payinent date, or (ii) such date of authentication is after a Record Date but on or prior to an interest payment date, in which event interest will be payable from such interest payment date, or (iii) such date of authentication is prior to the first Record Date, . in which event interest will be payable from the Bond Date set forth above; provided however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment hereon. Any tax for the payment hereof shall be limited to the Special Taxes, except to the extent that provision for payment has been made by the City of Rancho Cucamonga, as may be permitted by law. The Bonds do not constitute obligations of the City of Rancho Cucamonga for which said City is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. Exhibit A Page 2 WDIVEN\324439.5 ~q/ The Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date, as a whole or in part, at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), together with accrued interest thereon to the d,~te of redemption: Redemption Date Redemption Price September 1, 2006 through March 1,2014 September 1,2014 and March 1,2015 September 1, 2016 and March 1,2017 September 1, 2017 and thereafter 103% 102% 101% 100% The Escrow Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring following the release of the moneys on deposit in the Escrow Fund and the transfer of such moneys to the Project Fund and the Reserve Fund pursuant to the provisions of the Fiscal Agent Agreement, as a whole or in part, at the redemption prices set forth above, together with accrued interest thereon to the date of redemption. The Bonds shall be subj ect to redemption on any Interest Payment Date, prior to maturity, as a whole or in part on a pro rata basis among maturities from amounts deposited to the Redemption Fund representing Special Tax Prepayments. An Authorized Representative shall deliver written instructions to the Fiscal Agent not less than 60 days prior to the redemption date directing the Fiscal Agent to utilize the Special Tax Revenues transferred to the Redemption Fund and the Interest Account of the Bond Fund pursuant to the Fiscal Agent Agreement. Such mandatory redemption of the Bonds shall be at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), together with accrued interest thereon to the date of redemption: Redemption Date Redemption Price September 1, 2006 through March 1, 2014 September 1, 2014 and March 1,2015 September 1, 2016 and March 1,2017 September 1, 2017 and thereafter 103% 102% 101% 100% The Escrow Bonds are subject to extraordinary mandatory redemption on any Interest Payment Date through and including March 1, 2009 from funds transferred from the Escrow Fund to the Redemption Fund pursuant to the provisions of Section 4.10(B)(ii) at a redemption price equal to 103% of the principal amount thereof, together with accrued interest thereon to the date of redemption. The Bonds, other than the Escrow Bonds, maturing on September 1 20 are subject to mandatory sinking fund payment redemption in part on September 1, 20_, and on Exhibit A Page 3 WDIVEN\J24439.5 ~tJ2 each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: Redemption Date (September 1) Sinking Fund Payments $ (maturity) The Bonds, other than the Escrow Bonds, maturing on September 1 20_ are subject to mandatory sinking fund payment redemption in part on September 1, 20_, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: Redemption Date (September 1) Sinking Fund Payments $ (maturity) The Bonds, other than the Escrow Bonds, maturing on September 1 20_ are subject to mandatory sinking fund payment redemption in part on September I, 20_, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: . Redemption Date (September 1) Sinking Fund Payments $ (maturity) Exhibit A Page 4 WDIVEN\324439.5 g93 The Escrow Bonds, maturing on September 1 20_ are subject to mandatory sinking fund payment redemption in part on September 1, 20_, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with a~crued interest to the d(~te fixed for redemptioQ., without premium, fro.m sinking fund payments as follows: Redemption Date (September 1) Sinking Fund Payments $ (maturity) The Escrow Bonds, maturing on September 1 20_ are subject to mandatory sinking fund payment redemption in part on September 1, 20_, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: Redemption Date (September 1) Sinking Fund Payments $ (maturity) For any redemption of any of the Bonds, notice of redemption with respect to the Bonds to be redeemed shall be given to the registered owners thereof, in the manner, to the extent and subject to the provisions of the Agreement. In the event of a redemption of less than all of the Bonds, the Bonds shal~ be redeemed in inverse order of maturity and by lot within a maturity. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication endorsed hereon. No transfer or exchange hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as Exhibit A Page 5 WDIVEN\324439.5 gcrLj herein provided, and the principal hereof, interest hereon and any redemption premium shall be payable only to the registered owner or to such Owner's order. The Fiscal Agent shall require the registered owner requesting transfer or exchange to pay any tax or other governmental charge reqll;ired to be paid with re~pect to such transfer or exchange. No transfyr or exchange hereof . shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected for redemption, or (iii) between a Record Date and the succeeding Interest Payment Date. The Agreement and the rights and obligations of the City thereunder may be modified or amended as set forth therein. The Bonds are not general obligations of the City, but are limited obligations payable solely from the revenues and funds pledged therefor under the Fiscal Agent Agreement. Neither the faith and credit of the City or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. This Bond shall not become valid or obligatory for any purpose until the certificate of a authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent. Unless this certificate is presented by an authorized representative of The Depository Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this Bond does not exceed any debt limit prescribed by the laws or Constitution of the State of California. Exhibit A Page 6 WDlVEN\324439.5 ~q5 IN WITNESS WHEREOF, City of Rancho Cucamonga has caused this Bond to be dated the Bond Date .set forth above, to be.. signed by the facsi~ile signature of its M.ayor. and countersigned by the facsimile signature of its City Clerk. CITY OF RANCHO CUCAMONGA Mayor ATTEST City Clerk Exhibit A Page 7 WDIVEN\324439.5 ~9h FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the Resolution and in the Agreement which has been authenticated on . . . Fiscal Agent By: Authorized Officer Exhibit A Page 8 WDIVEN\324439.5 gq7 ASSIGNMENT For vallie received the undersigned hereby sells, assigns and transfers unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within-registered Bond and hereby irrevocably constitute(s) and appoints(s) attorney, to transfer the same on the registration books of the Fiscal Agent with full power of substitution in the premises. Dated: Signature Guaranteed: Note: Signature(s) must be guaranteed by an eligible guarantor. Note: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever J Exhibit A Page 9 WDIVEN\324439.5 39g EXHIBIT B FORM OF REQUEST FOR DISBURSEMENT - OFFICER'S CERTIFICATE with reference to City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds Date: To Wells Fargo Bank, National Association: This Officer's Certificate is issued to you pursuant to the Fiscal Agent Agreement dated as of June 1,2006, by and between the City of Rancho Cucamonga and you, as fiscal agent, with respect to the above-referenced issue (the "Fiscal Agent Agreement"). Except where the context requires otherwise, all capitalized terms shall have the meanings ascribed to them in the Fiscal Agent Agreement. Pursuant to Section 4.2(C) of the Fiscal Agent Agreement, you are instructed to disburse $ from the Project Fund. This Disbursement shall be made to: purpose of this disbursement is: the disbursement is a proper expenditure from each of the accounts show above. . The , and The undersigned certifies that no portion of the amount being requested to be disbursed has been set forth in any prior certificate requesting disbursement. CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) By: Authorized Officer Exhibit B Page 1 WDIVEN\324439.5 ?99 EXHIBIT C FORM OF LETTER OF CREDIT EXHIBIT H FORM OF LETTER OF CREDIT WELLS FARGO BANK, NATIONAL ASSOCIATION 707 Wilshire Blvd. 17th Floor Los Angeles, CA 90017 Attention: Robert Schneider, Account Manager VP Phone: 213-614-3353 Fax: 213-614-3355 Dear Ladies and Gentlemen: We hereby establish, at the request and for the account of , a [ INSERT LANDOWNER'S NAME], (the "Account Party") in your favor, as "Beneficiary" pursuant to that certain Fiscal Agent Agreement, dated as of June 1,2006 (the "Fiscal Agent Agreement"), by and between the City of Rancho Cucamonga (the "City"), acting for and on behalf of Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"), our Irrevocable Letter of Credit No. , in the amount of $ (the "Stated Amount"). effective immediately and expiring on June 30, 2007 (the "Stated Termination Date"). We hereby irrevocably authorize you to draw on us in an aggregate amount not to exceed the Stated Amount of this Letter of Credit set forth above and in accordance with the terms and conditions and subject to the reductions in Stated Amount as hereinafter set forth, (1) in one or more drawings by one or more of your drafts, each accompanied by your written and completed certificate signed by you in the form of Annex "I" attached hereto (any such draft accompanied by such certificate being your "Default Payment Draft"), and (2) in a single drawing by your draft, accompanied by your written and completed certificate signed by you in the form of Annex "2" attached hereto (any such draft accompanied by such certificate being your "Final Draft"). Draws may be presented by facsimile to () followed by a mailed original. Funds under this Letter of Credit are available to you against (1) your default Payment Draft referring thereon to the number of this Letter of Credit and accompanied by your written and completed certificate signed by you in the form of Annex "1" attached hereto, and (2) your Final Draft referring thereon to the number of this Letter of Credit and accompanied by your written and completed Certificate signed by you in substantially the form of Annex "2" attached hereto. Each such draft and certificate shall be dated the date of its presentation, and shall be presented at our office located at , Attention: Exhibit C Page 1 WDIVEN\324439.5 96D , (or at any other office which may be designated by us by written notice delivered to you) on or before 9:00 a.m. (Pacific time) on the day (which shall be a banking day) of our making funds available to you hereunder. If we receive any of your drafts and .certificates at such offiGe, all in strict conformity with the terms and cQnditions of this Letter of Credit, not later than 9:00 a.m. (Pacific time) on a banking day prior to the termination hereof, we will honor the same on the same day in accordance with your payment instructions. If we receive any of your drafts and certificates at such office, all in strict conformity with the terms and conditions of this Letter of Credit, after 9:00 a.m. (Pacific time) on a banking day prior to the termination hereof, we will honor the same on the next succeeding banking day in accordance with your payment instructions. The phrase "banking date" shall mean any day other than a Saturday, Sunday or a day which shall be in the State of a legal holiday or a day on which banks are authorized or obligated by law or executive order to close. The Stated Amount of this Letter of Credit shall be decreased upon (1) our payment of each Default Payment Draft or Final Draft by an amount equal to such payment or payments, and (2) upon our receipt of your written and completed certificate signed by you in substantially the form of Annex "3" attached hereto to the new Stated Amount in said Certificate. This Letter of Credit shall automatically terminate upon the earliest of (i) the Stated Termination Date, (ii) our honoring your Final Draft presented hereunder, (iii) our honoring of a Default Payment Draft which has the effect of reducing the Stated Amount to zero ($0.00), (iv) our receipt of your written and completed Certificate signed by you in substantially the form of Annex "4" attached hereto (such Certificate being your "Termination Certificate"), or (v) the date on which we receive written notice from you that an alternate letter of credit has been substituted for this Letter of Credit in accordance with the Agreement. This Letter of Credit is transferable and may be transferred more than once, but in each case only in the amount of the full unutilized balance hereof to any single transferee who you shall have advised us pursuant to Annex 5 has succeeded Wells Fargo Bank, National Association or a successor as Fiscal Agent under the Fiscal Agent Agreement. Transfers may be affected without charge to the transferor and only through ourselves and only upon presentation to us of a duly executed instrument of transfer in the form attached hereto as Annex 5. Any transfer of this Letter of Credit as aforesaid must be endorsed by us on the reverse hereof and may not change the place of presentation of demands from our. Letter of Credit Operations Office in , California. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT BE IN ANY WAY MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES, ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. Exhibit C Page 2 WDIVEN\324439.5 9{)/ We hereby agree with you that each draft drawn in compliance with the terms of this credit shall be duly honored on presentation to us and shall be paid with our funds and not with any funds of the Account Party. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision, International Chamber of Commerce Publication No. 500). All communications with respect to this Letter of Credit shall be in writing specifically referencing the designated Number of this Letter of Credit and shall be addressed to us at , Attention: Very truly yours, AUTHORIZED OFFICIAL, By: Exhibit C Page 3 WDIVEN\324439.5 9!Jl Annex "I" . CERTIFICATE FOR DRAWING UPON ACCOUNTS PARTY'S DEFAULT IN PAYMENT OF SPECIAL TAXES Irrevocable Letter of Credit No. [BANK The undersigned, a duly authorized officer or agent of the undersigned Beneficiary hereby certifies to (the "Bank"), with reference to Irrevocable Letter of Credit No. (the "Letter of Credit") issued by the Bank in favor ofthe Beneficiary, that: The undersigned is the duly authorized officer or agent of the Beneficiary for the purposes of submitting this Certificate. As of the date of this Certificate, the Account Party has defaulted in the payment of Special Taxes imposed on the Developer Property for which the Letter of Credit was provided within the boundaries of the District in the total amount of $ (the "Default Amount") which amount equals the defaulted payment of Special Taxes. Beneficiary hereby requests payment of the Default Amount and acknowledges that upon your payment of this draft the Stated Amount of the Letter of Credit shall be automatically reduced by the Default Amount to a new Stated Amount calculated as follows: Existing Stated Amount $ ( $ ) Default Amount New Stated Amount Beneficiary hereby certifies for the benefit of Account Party that all amounts drawn hereunder shall be deposited to the Letter of Credit Account established under the Indenture. Amounts drawn hereunder shall be reimbursed to the Bank from Delinquency Proceeds. The capitalized terms not otherwise defined herein are used herein as defined in the Letter of Credit and the Fiscal Agent Agreement. Exhibit C Page 4 WDIVEN\324439.5 9/)3 IN WITNESS WHEREOF, the Beneficiary has executed and delivered this Certificate as of the _day of ,20_ WDIVEN'i324439.5 [FISCAL AGEN~ UNDER INDENT~] By: Name: Title: Exhibit C Page 5 Hereunto Duly Authorized 9D Lj Annex "2" CERTIFICATE FOR FINAL DRAWING UPON . . . FAILURE OF ACCOUNT PARTY TO RENEW IRREVOCABLE LETTER OF CREDIT NO. [BANK The undersigned, a duly authorized officer or agent of the undersigned Beneficiary hereby certifies to (the "Bank"), with reference to the Irrevocable Letter of Credit No. (the "Letter of Credit") issued by the Bank in favor of the Beneficiary, that: (a) The undersigned is the duly authorized officer or agent of the Beneficiary for the purposes of submitting this Certificate. (b) Account Party has failed to renew the Letter of Credit or provide a substitute letter of credit not less than thirty (30) calendar days prior to the Stated Termination Date of the Letter of Credit. The Stated Termination Date of the Letter of Credit is June 30, 2007. (c) Beneficiary hereby requests payment of the entire Stated Amount of $ (d) Beneficiary hereby certifies for the benefit of Account Party that all amounts drawn hereunder shall be held in trust in the Letter of Credit Account and used or disbursed to or for the account of Account Party as provided in the Agreement. The capitalized terms not otherwise defined herein are used herein as defined in the Letter of Credit and the Fiscal Agent Agreement. IN WITNESS WHEREOF, the Beneficiary has executed and delivered this Certificate as of the day of ,20_ [FISCAL AGENT UNDER INDENTURE] By: Name: Title: Hereunto Duly Authorized Exhibit C Page 6 WDIVEN\324439.5 91).5 Annex "3" CERTIFICATE FOR REDUCTION OF AMOUNTS AVAILABLE UNDER . " . IRREVOCABLE LETTER OF CREDIT NO. DATED ,20___ [BANK The undersigned, a duly authorized officer of agent of the undersigned Beneficiary, hereby certifies to (the "Bank"), with reference to the Irrevocable Letter of Credit No. (the "Letter of Credit") issued by the Bank in favor of the Beneficiary, that: (a) The undersigned is the duly authorized officer or agent of the Beneficiary for the purposes of submitting this Certificate. (b) Account Party or its Affiliate has sold or transferred property within the Project Area and the City has provided the Beneficiary with an approved recalculation of the Stated Amount of the Letter of Credit and the City has approved the reduction in the existing Stated Amount to the amount set forth in (c) below. (c) The Stated Amount of the Letter of Credit is automatically reduced upon receipt by the Bank of this Certificate to an amount equal to $ (United Stated Dollars ). The Capitalized terms not otherwise defined herein are used herein as defined in the Letter of Credit and the Fiscal Agent Agreement. IN WITNESS WHEREOF, the Beneficiary has executed and delivered this Certificate as of the _day of ,20___ [FISCAL AGENT UNDER INDENTURE] By: Name: Title: Hereunto Duly Authorized Exhibit C Page 7 WDIVEN\324439.5 9Db Annex "4" CERTIFICATE FOR TERMINATION OF IRREVOCABLE LETTER OF CREDIT NO. DATED ,20_ [BANK ] a duly authorized officer or agent of the undersigned Beneficiary hereby (the "Bank"), with reference to the Irrevocable Letter of Credit (the "Letter of Credit") issued by the Bank in favor of the Beneficiary, The undersigned, certifies to No. that: (a) The undersigned is the duly authorized officer or agent of the Beneficiary for the purposes of submitting this Certificate. (b) Either (i) the Developer rroperty is subject to the levy of less than 20% of the aggregate Special Taxes authorized to be levied within the District, (ii) the Account Party and its Affiliates no longer own land within such Project Area that is subject to the levy of Improvement Area Special Taxes, or (iii) a Substitute Letter of Credit has been provided. (c) Beneficiary hereby requests the Letter of Credit be automatically terminated upon delivery of this Certificate to Bank. (d) The original of this Letter of Credit and any subsequent amendments are attached hereto and are hereby returned for immediate termination. The capitalized terms not otherwise defined herein are used herein as defined in the Letter of Credit and the Fiscal Agent Agreement. IN WITNESS WHEREOF, the Beneficiary has executed and delivered this Certificate as of the _day of ,20_ [FISCAL AGENT UNDER INDENTURE] By: Name: Title: Exhibit C Page 8 WDIVEN\324439.5 9~ 'I Hereunto Duly Authorized Exhibit C Page 9 WDIVEN\324439.5 9~8 Annex "5" [BANK) . Letter of Credit Operations Office [Insert address] , California Subject: Your Letter of Credit No. Ladies and Gentlemen: For value received, we hereby irrevocably assign and transfer all of our rights under the above- captioned Letter of Credit, as heretofore and hereafter amended, extended or increased to: [Name of Transferee] [Address of Transferee] By this transfer, all of our rights in the Letter of Credit area transferred to the transferee, and the transferee shall have sole rights as beneficiary under the Letter of Credit, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. You are hereby irrevocably instructed to advise future amendment(s) ofthe Letter of Credit to the transferee without our consent or notice to us. The original Letter of Credit is returned with all amendments to this date. Please notify the transferee in such form as you deem advisable of this transfer and of the terms and conditions to this Letter of Credit, including amendments as transferred. You are hereby advised that the transferee named above has succeeded or a successor as Fiscal Agent under the Fiscal Agent Agreement. The capitalized terms not otherwise defined herein are used herein as defined in the Letter of Credit and the Fiscal Agent Agreement. Very truly yours, [Insert Name of Transferor] By: [Insert Name and Title] Exhibit C Page 10 'WDIVEN\324439.5 9()9 TRANSFEROR'S SIGNATURE GUARANTEED By: [Insert Name and Title] By its signature below, the undersigned transferee acknowledges that it has duly succeeded or a successor Fiscal Agent as Fiscal Agent under the Indenture. [Insert Name of Transferee] By: [Insert Name and Title] WDIVEN\324439.5 Exhibit C Page 11 q/D BOND PURCHASE AGREEMENT City Of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds June _, 2006 City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Ladies and Gentlemen: Stone & Youngberg LLC (the "Underwriter") offers to enter into this Bond Purchase Agreement (this "Purchase Agreement") with the City of Rancho Cucamonga (the "City"), for itself and on behalf of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") which will be binding upon the City and the Underwriter upon the acceptance hereof by the City. Upon your acceptance of this offer, this Purchase Agreement will be binding upon the City and the Underwriter. This offer is made subject to its acceptance by the City by execution of this Purchase Agreement and its delivery to the Underwriter on or before 5:00 p.m., California time, on the date hereof. Terms not otherwise defined herein shall have the same meanings as set forth in the Fiscal Agent Agreement described below. Section 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the City for offering to the public, and the City, for itself and on behalf of the District, hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds (the "Bonds"). The purchase price for the Bonds is $ (representing the aggregate principal amount of the Bonds of $ less an underwriter's discount of $ and an original issue discount of $ . The Bonds will mature on the dates and in the amounts, and bear interest at the rates, and be subject to mandatory redemption as set forth in Appendix A attached hereto. Section 2. Description of the Bonds. The Bonds will be issued pursuant to the following: . the Mello-Roos Community Facilities Act of 1982 (constituting Sections 53311 et seq. of the California Government Code) (the "Act"), . a resolution adopted on May _, 2006 (the "Resolution of Issuance") by the City Council of the City, acting as the legislative body of the District, and . a Fiscal Agent Agreement dated as of May 1, 2006 (the "Fiscal Agent Agreement"), by and between the City and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"). RVPUB\MSHAH\712788.1 9// The Bonds will mature on the dates and in the principal amounts, and will bear interest at the rates, as set forth in Appendix A hereto, and will be as described in the Fiscal Agent Agreement and the Official Statement dated the date hereof relating to the Bonds (together with all appendices, amendments and supplements thereto, the "Official Statement"). The City shall apply the proceeds of the Bonds to finance the purchase of the Facilities described in the Official Statement. Section 3. Public Offering. The Underwriter agrees to make a bona fide public offering of all the Bonds initially at the public offering prices (or yields) set forth on the cover of the Official Statement. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth on the cover of the Official Statement. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. Section 4. Official Statement; Continuing Disclosure. The City has delivered or caused to be delivered to the Underwriter prior to the execution of this Purchase Agreement or the first offering of the Bonds, whichever first occurs, copies of the Preliminary Official Statement. Such Preliminary Official Statement is the official statement deemed final by the City for purposes of Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule") and approved for distribution by resolution of the City. The City shall have executed and delivered to the Underwriter a certification to such effect in the form attached as Appendix B. Within 7 business days after the date of this Purchase Agreement, the City shall deliver to the Underwriter a final Official Statement, executed on behalf of the City by an authorized representative of the City and dated the date hereof, which shall include information permitted to be omitted by paragraph (b)(1) of the Rule and with such other amendments or supplements as shall have been approved by the City and the Underwriter. The City, for itself and on behalf of the District, will undertake, pursuant to the Fiscal Agent Agreement and a Continuing Disclosure Agreement (the "Continuing Disclosure Agreement"), to provide certain annual financial information and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the final Official Statement. Section 5. The Closing. At 8:00 a.m., California time, on June _,2006, or at such other time or on such earlier or later business day as are mutually agreed upon by the City and the Underwriter, the City will deliver (i) the Bonds in definitive form to the Underwriter at The Depository Trust Company in New York, New York, or such other location as may be specified by the Underwriter, with CUSIP identification numbers printed thereon, in fully registered form and registered in the name of Cede & Co., and (ii) the closing documents hereinafter mentioned at the offices of Best Best & Krieger LLP, San Diego, California or another place to be mutually agreed upon by the City and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by federal funds wire payable to the order of the Fiscal Agent on behalf of the City. This payment and delivery, together with the delivery of the aforementioned documents, is herein called the "Closing." The Bonds will be delivered in such denominations and deposited in the account or accounts specified by the Underwriter pursuant to written notice not later than five business days prior to Closing. The Bonds will be made available to The Depository Trust Company for inspection not less than 24 hours prior to the Closing. RVPUB\MSHAH\712788.1 2 9/2 Section 6. Representations, Warranties and Covenants. The City, for itself and on behalf of the District represents, warrants and c'ovenants to the Underwriter that: (a) Due Organization. Existence and Authority. The City, is a duly organized municipal corporation and existing under the laws of the State of California, with full right, power and authority to execute, deliver and perform its obligations under this Purchase Agreement, the Fiscal Agent Agreement and the Continuing Disclosure Agreement (together, the "City Documents") an~ to issue the Bonds and otherwise carry out and consummate the transactions contemplated by the City Documents and the Official Statement. (b) Due Authorization and Approval. By all necessary official action, the City Council, as legislative body of the District, has: (i) held a public hearing and adopted resolutions (collectively with the Resolution of Issuance the "City Resolutions") forming the District, authorizing the levy of the Special Taxes and the incurrence of bonded indebtedness by the District; (ii) called, held and conducted an election within the District to approve the levy of the Special Taxes on parcels of property within the District and the issuance of the Bonds; (iii) adopted the Resolution of Issuance and approved and authorized the execution and delivery of the Bonds, the Fiscal Agent Agreement, this Purchase Agreement, the Official Statement and the Disclosure Agreement (as hereinafter defined); and (iv) authorized and approved the performance by the City and the District of their obligations contained in, and the taking of any and all action on their part as may be necessary to carry out, give effect to and consummate the transactions on the part of the City and/or the District contemplated by each of said documents; and at the Closing Date, the Bonds, the Resolution of Issuance, the Fiscal Agent Agreement, this Purchase Agreement, the Continuing Disclosure Agreement and any other applicable documents will constitute with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or transfer and other laws affecting the enforcement of creditors' rights generally and to the application of equitable principles and the exercise of judicial discretion in appropriate cases. As of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. (c) Official Statement Accurate and Complete. The Preliminary Official Statement was as of its date, and the final Official Statement is, and at all times subsequent to the date of the final Official Statement up to and including the Closing will be, true and correct in all material respects, and the Preliminary Official Statement and the final Official Statement contain, and up to and including the Closing will contain, no misstatement of any material fact and do not, and up to and including the Closing will not, omit any statement necessary to make the statements contained therein, in the light of the circumstances in which such statements were made, not misleading. (d) Underwriter's. Consent to Amendments and Supplements to Official Statement. The City will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without RVPUB\MSHAH\712788.1 3 1/3 the consent of the Underwriter, which consent will not be unreasonably withheld. The City will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental authority prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. If, at any time prior to the earlier of (i) receipt of notice from the Underwriter that the Official Statement is no longer required to be delivered under Rule 15c2-12 or (ii) the Closing Date (as described in Section 5 above), any event known to the officers of the City participating in the issuance of the Bonds occurs with respect to the District or the City as a result of which the final Official Statement as then amended or supplemented might include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the District shall promptly notify the Underwriter in writing of such event. Any information supplied by the City for inclusion in any amendments or supplements to the final Official Statement will not contain any untrue or misleading statement of a material fact relating to the District or the City or omit to state any material fact relating to the District or the City necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (e) No Breach or Default. As of the time of acceptance hereof and as of the time of the Closing, except as otherwise disclosed in the Official Statement, the District and the City is not and will not be in breach of or in default under any applicable constitutional provision, law or administrative rule or regulation of the State of California or the United States, or any applicable judgment or decree or any Fiscal Agent Agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the District and the City is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument. As of the time of acceptance hereof and as of the time of the Closing, except as disclosed in the Official Statement, the authorization, execution and delivery of the City Documents and compliance with the provisions of each of such agreements or instruments do not and will not conflict with or constitute a breach of or default under any applicable constitutional provision, law or administrative rule or regulation of the State of California or the United States, or any applicable judgment, decree, license, permit, fiscal agent agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the City (or any of its officers in their respective capacities as such) is subject, or by which it or any of its properties is bound, nor will any such authorization, execution, delivery or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of its assets or properties or under the terms of any such law, regulation or instrument, except as may be provided by the City Documents. The City, acting as the administrator for and on behalf of certain other community facilities districts, has on two occasions not met the continuing disclosure requirements on a timely basis. In each instance the City failed to timely file reports on behalf of these community facilities districts, due on February 1, 2001 for the Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 and for the Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax bonds, Series 2001. Such reports were subsequently filed on June 12, 2001. It should be noted that these bond issues closed in December 2000 and the information that was contained in the annual reports filed on June 12, 2001 was identical to the information contained in the official statements relating to these bond issues distributed to the purchasers ofthe Bonds. RVPUB\MSHAH\712788.1 4 9/tj (f) No Litigation. As of the time of acceptance hereof and the Closing, except as may be disclosed in the Official Statement, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government authority, public board or body, pending or threatened (i) in any way questioning the corporate existence of the District or the City, or the titles of the officers of the District or the City to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Bonds, or the payment or collection of any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity of the Bonds or City Documents or the consummation of the transactions contemplated thereby, or contesting the exclusion of the interest on the Bonds from taxation or contesting the powers of the District and either of their authority to pledge the revenues securing the Bonds; (iii) which may result in any material adverse change relating to the District or the City; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the final Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the final Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of this sentence. (g) Compliance with Local Goals and Policies. The issuance of the Bonds by the District conforms with the "Statement of Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982" as amended and restated by the City on July 21, 1999. (h) Blue Sky Laws. The District shall cooperate with the Underwriter in endeavoring to qualify the Bonds for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriter may request; provided, however, that the City shall not be required to execute a special or general consent to service of process in any jurisdiction in which it is not now so subject or to qualify to do business in any jurisdiction where it is not now so qualified. (i) Neither the District nor the City shall take or omit to take, as appropriate, any action that would cause the interest on the Bonds to be subject to California personal income taxation or affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. Section 7. Closing Conditions. The Underwriter has entered into this Purchase Agreement in reliance upon the representations, warranties and covenants herein and the performance by the District of its obligations hereunder, both as of the date hereof and as of the date of the Closing. The Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds are subject to the following additional conditions: (a) Bring-Down Representation. The representations, warranties and covenants of the City contained in this Purchase Agreement must be true, complete and correct at the date hereof and at the time of the Closing, as if made on the date of the Closing. (b) Effectiveness of City Documents, Official Statement and City Resolutions. At the time of the Closing: (i) the City Documents must be in full force and effect, and neither the City Documents nor the Official Statement may have been amended, modified or supplemented except with the written consent of the Underwriter, and R VPUB\MSHAH\ 712788.1 5 9/5 (ii) there shall be in full force and effect such resolutions as, in the opinion of Bond Counsel, shall be necessary in connection with the transactions contemplated by this Purchase Agreement, the Official Statement and the City Documents. (c) Closing Documents. At or prior to the Closing, the Underwriter shall receive each of the documents identified in Section 8. Section 8. Closing Documents. In addition to the other conditions to the Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds, at or before the Closing the Underwriter shall receive each of the following documents, provided that the actual payment for the Bonds by the Underwriter and the acceptance of delivery thereof shall be conclusive evidence that the requirements ofthis Section 8 shall have been satisfied or waived by the Underwriter. (a) Bond Opinion and Reliance Letter. An approving opinion of Bond Counsel dated the date of the Closing and substantially in the form appended to the Official Statement, together with a letter from such counsel, dated the date of the Closing and addressed to the Underwriter, to the effect that the foregoing opinion addressed to the City may be relied upon by the Underwriter to the same extent as if such opinion were addressed to them. (b) Supplemental Opinion. A supplemental opinion or opinions of Bond Counsel addressed to the Underwriter, in form and substance acceptable to the Underwriter, and dated the date of the Closing substantially to the following effect: (i) The City Documents, the Bonds and the Official Statement have been duly authorized, executed and delivered by the City, and the City Documents and the Bonds constitute the valid, legal and binding agreements of the District, enforceable in accordance with their respective terms. (ii) The statements contained in the Official Statement (including the cover page and the Appendices thereto) that purport to summarize certain provisions of the Bonds, the Fiscal Agent Agreement, the City Resolutions and the City Documents, the approving opinion of Bond Counselor federal tax law, are accurate; provided that Bond Counsel need not express any opinion with respect to any financial or statistical information contained in the Official Statement. (iii) The Bonds are exempt from registration under the Securities Act of 1933, as amended, and the Fiscal Agent Agreement are exempt from qualification pursuant to the Trust Fiscal Agent Agreement Act of 1939, as amended. (iv) The District is a community facilities district duly organized and validly existing under the laws of the State of California, including the Act. (c) District Counsel Opinion. An opinion of Richards, Watson & Gershon, counsel to the City, dated the date of the Closing and addressed to the Underwriter, in form and substance acceptable to Bond Counsel substantially to the following effect: (i) The City is a municipal corporation duly organized and existing under the laws of the State of California. (ii) The City is duly authorized to approve and execute the City Resolutions and City Documents. RVPUB\MSHAH\712788.1 6 q /10 (iii) The individuals executing the City Documents and Official Statement on behalf of the City are officers of the City holding the offices set forth after their respective signatures, and are lawfully authorized to execute and deliver such documents on behalf of the City. (iv) The City Resolutions and City Documents have been duly adopted by the District, and are in full force and effect and has not been modified, amended or rescinded. (v) Without conducting an independent investigation~ except as otherwise disclosed in the Official Statement and to the best knowledge of such counsel after due inquiry, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental authority or body, pending or threatened against the District challenging the creation, organization or existence of the, or the validity of the City Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the City Documents or contesting the authority of the City to enter into or perform its obligations under any of the City Documents, or under which a determination adverse to the City would have a material adverse effect upon the financial condition or the revenues of the District, or which, in any manner, questions the right of the City to pledge the Revenues to the payment of the Bonds. (d) Fiscal Agent Counsel Opinion. The opinion of counsel to the Fiscal Agent, dated the date of the Closing, addressed to the Underwriter, to the effect that: (i) The Fiscal Agent is a ,national banking association duly organized and validly existing under the laws of the United States of America, having full power to enter into, accept and administer the trust created under the Fiscal Agent Agreement and obligations as Dissemination Agent under the Continuing Disclosure Agreement. (ii) The Fiscal Agent Agreement and Continuing Disclosure Agreement have been duly authorized, executed and delivered by the Fiscal Agent and Dissemination Agent and constitute the legal, valid and binding obligations of the Fiscal Agent and Dissemination Agent enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought. (e) Disclosure Counsel Opinion. An opinion of Best Best & Krieger, LLP, a limited liability partnership ("Disclosure Counsel"), dated the Closing Date, and addressed to the City and Underwriter, to the effect that during the course of serving as Disclosure Counsel in connection with the execution and delivery of the Bonds and without having undertaken to determine independently or assuming any responsibility for the accuracy, completeness or fairness of the statements contained in the Official Statement, no information came to the attention of the attorneys in such firm rendering legal services in connection with the issuance of the Bonds that would lead them to believe that the Official Statement (excluding therefrom the financial statements, any financial or statistical data, or forecasts, charts, numbers, estimates, projections, assumptions or expressions of opinion included in the Official Statement, information regarding DTC, and the appendices to the Official Statement as to which no opinion need be expressed), as of the date thereof or the Closing Date, contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. RVPUB\MSHAH\712788.1 7 q/7 (f) District 15c2-12 Certificate. A certificate of the City, dated the date of the Preliminary Official Statement, signed by the City for itself and on behalf of the District by a duly authorized officer of the City, in the form attached as Appendix B or such other form approved by the Underwriter. (g) District Closing Certificate. A certificate of the City, dated the date of the Closing, signed by the City and for itself and on behalf of the District by a duly authorized officer of the City, in the form attached as Appendix C or such other form approved by the Underwriter. (h) Fiscal Agent's Certificate. A certificate of the Fiscal Agent, dated the date of the Closing, signed on behalf of the Fiscal Agent by a duly authorized officer of the Fiscal Agent, in the form attached as Appendix D or such other form approved by the Underwriter. (i) Fiscal Agent Resolution and Incumbency Certificate. A copy of the general resolution of the Fiscal Agent authorizing the execution and delivery of certain documents by certain officers of the Fiscal Agent, which resolution authorizes the authentication and delivery of the Bonds and the execution and delivery of the Fiscal Agent Agreement and Continuing Disclosure Agreement, along with an incumbency certificate with respect to the officers of the Fiscal Agent. (j) Developers' IOb-5 Certificate. A Certificate from each of the following entities: BCA Development Inc., K. Hovnanian at Sage, LLC/LoLand Assets, LP, Meritage Homes of California, Inc./SCC-Canyon II, LLC, Lennar Homes, Van Daele Homes and K. Hovnanian Forecast Homes/Regent Properties (each individually a "Developer," collectively the "Developers"), dated the date of the Preliminary Official Statement, signed on behalf of such Developer by duly authorized officer of such Developer, in the form attached as Appendix E or such other form approved by the Underwriter. (k) Developers' Closing Certificate. A Certificate from each Developer, dated the date of the Closing, signed on behalf of such Developer by duly authorized officers of such Developer in the form attached as Appendix F or such other form approved by the Underwriter. (1) Developers' Counsel. One or more opinion of in-house or special counsel to each Developer, dated the date of the Closing, addressed to the Underwriter and the District, to the effect that: (i) The Developer is under general corporate law in with the power and authority to own its properties and conduct its business as currently conducted and enter into the Developer Continuing Disclosure Agreement and perform its obligations thereunder. (ii) The Developer is in good standing under the laws of the State of and the State of California and is qualified to do business in the State of California. (iii) The execution, delivery and performance of the Developer Continuing Disclosure Agreement by the Developer has been duly authorized by all necessary action of the Developer, and the Developer Continuing Disclosure Agreement has been duly executed and delivered by the Developer, and the Developer Continuing Disclosure Agreement constitutes the valid legal and binding agreement of the Property, enforceable in accordance with its terms. RVPUB\MSHAH\712788.1 8 9/'6 (iv) To the best of his knowledge, the Developer is not subject to any pending legal or governmental actions, proceedings, inquiries or investigations (a) which seeks to restrain or enjoin the authorization, execution, delivery, enforceability or performance of the Developer's obligations under the Developer Continuing Disclosure Agreement or the Developer's approval of the Developer Contiiming Disclosure Agreement or (b) which would otherwise materially adversely affect (A) the Developer's ability to perform its obligations under the Developer Continuing Disclosure Agreement or (B) the transactions contemplated by the Official Statement insofar as Developer is a part of such transactions. (v) In the course of acting as general counsel to , in connection with the preparation of the Preliminary Official Statement and the Official Statement, he reviewed those sections of the Preliminary Official Statement and the Official Statement related to the Developer and its proposed development plans in the District, and participated in conferences and telephone conversations with officers and other representatives of the Developer, during which conferences and conversations the contents of the Official Statement and related matters were discussed. He also reviewed certain oral and written statements of officers and other representatives of the Developer and others as to the existence and consequence of certain factual and other matters. Without having undertaken to determine independently the accuracy, completeness of fairness of the statements contained in the Official Statement, no information came to the attention of the attorneys in such firm rendering legal services in cC5nnection with the issuance of the Bonds that would lead them to believe that the sections of the Preliminary Official Statement entitled "THE DISTRICT (other than sections entitled" - Cumulative Tax Assessment and Fee Burden on Property")," "OWNERSHIP OF PROPERTY," "PROPOSED DEVELOPMENT WITHIN THE DISTRICT" and "CONCLUDING INFORMA nON - Continuing Disclosure," as they relate to the Developer and its organization, activities, properties and financial condition, and the Development, contain any untrue statement of a material fact or omit any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (m) Special Tax Consultant's Certificate. A certificate of the Special Tax Consultant, dated the date of the Closing, in the form attached as Appendix G or such other form approved by the Underwriter, relating to the Official Statement. (n) Market Absorption Consultant's Certificate. A certificate of the Market Absorption Consultant dated the date of the Closing in the form attached as Appendix H or such other form approved by the Underwriter, relating to the Official Statement. (0) Appraiser's Certificate. A certificate of the Appraiser, dated the date of the Closing, in the form attached as Appendix I or such other form approved by the Underwriter, relating to the Official Statement. (p) Original Executed Documents. An original executed copy of the Official Statement, the City Resolutions and each of the City Documents. (q) Developer Continuing Disclosure Agreement(s). An original executed copy of the Developer Continuing Disclosure Agreement(s). RVPUB\MSHAH\712788.1 9 6)/1 (r) Additional Documents. Such additional certificates, instruments and other documents as Bond Counsel, Disclosure Counsel, the District or the Underwriter may reasonably deem necessary. If the City is unable to satisfy the conditions contained in this Purchase Agreement, or if the obligations of the Underwriter are terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and neither the Underwriter nor the District shall be under further obligation hereunder, except as further set forth in Section 10. Section 9. Termination Events. The Underwriter may terminate this Purchase Agreement, without liability, by notification to the City if at any time between the date hereof and prior to the Closing: (a) any event occurs which causes any statement contained in the Official Statement to be materially misleading or results in a failure of the Official Statement to state a material fact necessary to make the statements in the Official Statement, in the light of the circumstances under which they were made, not misleading; (b) the marketability of the Bonds or the market price thereof, in the opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the United States or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or, the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for consideration as an option by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or any decision of any Federal or State court or any ruling or regulation (final, temporary or proposed) or official statement on behalf of the United States Treasury Department, the Internal Revenue Service or other federal or State authority materially adversely affecting the federal or State tax status of the District, or the interest on bonds or notes or obligations of the general character of the Bonds; (c) any legislation, ordinance, rule or regulation is introduced in, or enacted by any governmental body, department or authority of the State, or a decision by any court of competent jurisdiction within the State or any court of the United States is rendered which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the Bonds; (d) legislation is enacted by the Congress of the United States, or a decision by a court of the United States is rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental district having jurisdiction of the subject matter is issued or made to the effect that the issuance, offering or sale of obligations ofthe general character of the Bonds, or the issuance, offering or sale of the Bonds, including all underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of, or that obligations of the general character of the Bonds, or the Bonds, are not exempt from registration under, any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect, or that the RVPUB\MSHAH\712788.1 10 921) Fiscal Agent Agreement needs to be qualified under the Trust Fiscal Agent Agreement Act of 1939, as amended and as then in effect; (e) additional material restrictions not in force as of the date hereof are imposed upon trading in securities generally by any governmental authority or by any national securities exchange which restrictions materially adversely affect the Underwriter's ability to trade the Bonds; (f) a general banking moratorium is established by federal or California authorities; (g) the United States becomes engaged in hostilities that resu.1ted in a declaration of war or a national emergency or any other outbreak of hostilities or a national or international calamity or crisis occurs, or any escalation of existing hostilities, calamity or crisis occurs, financial or otherwise, the effect of which on the financial markets of the United States being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the ability of the Underwriter to market the Bonds; (h) any action, suit or proceeding described in Section 6(f) is commenced with respect to either the District or the City which, in the judgment of the Underwriter, materially adversely affects the market price of the Bonds; or (i) a general suspension of trading on the New York Stock Exchange is in force. Section 10. Expenses. The Underwriter has no obligation to pay, and the City shall payor cause to be paid, the expenses incident to the performance of the obligations of the City under this Purchase Agreement, including but not limited to (a) the costs of the preparation and printing, or other reproduction (for distribution on or prior to the date hereof) of the City Documents and the cost of preparing, printing, issuing and delivering the definitive Bonds; (b) the fees and disbursements of any counsel, financial advisors, accountants or other experts or consultants retained by the City and the City; (c) the fees and disbursements of Bond Counsel and Disclosure Counsel (but only to the extent to which such counsel's fee relates to preparation of the preliminary and final Official Statement); and (d) the cost of printing of the Preliminary Official Statement and any supplements and amendments thereto and the cost of printing of the Official Statement, including the requisite number of copies thereof for distribution by the Underwriter. . The Underwriter shall pay, and the District has no obligation to pay, all expenses incurred by it in connection with the public offering and distribution of the Bonds, including but not limited to (a) reporting fees chargeable by the California Debt and Investment Advisory Commission, (b) the portion of Underwriter Counsel's fee not relating to preparation of the preliminary and final Official Statement, and (c) CUSIP Service Bureau fees. Section 11. Notice. Any notice or other communication to be given to the City under this Purchase Agreement may be given by delivering the same in writing to the address set forth above. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to: Stone & Youngberg LLC, One Ferry Building, San Francisco, CA 94111, Attention: Mr. Jim Cervantes. Section 12. Entire Agreement. This Purchase Agreement, when accepted by the City, constitutes the entire agreement between the City and the Underwriter and is made solely for the benefit of the City and the Underwriter (including the successors or assigns of any Underwriter). No other person shall acquire or have any right hereunder by virtue hereof, except as provided herein. All the City's RVPUB\MSHAH\712788,l 11 CJ 2/ representations, warranties and agreements in this Purchase Agreement shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter. Section 13. Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Section 14. Severability. In case anyone or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof. Section 15. Governing Law. The validity, interpretation and performance of this Purchase Agreement shall be governed by the Bond Laws of the State of California. Section 16. No Assignment. The rights and obligations created by this Purchase Agreement shall not be subject to assignment by the Underwriter or the District without the prior written consent of the other parties hereto. STONE & YOUNGBERG LLC, as Underwriter By: Accepted as of the date first stated above: CITY OF RANCHO CUCAMONGA, for itself and on behalf of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) By: City Manager RVPUB\MSHAH\712788.1 12 922 Principal Payment Date (September 1) $ $ $ Principal Payment Date (September 1) $ $ $ APPENDIX A Maturity Schedule of Bonds I Principal Amount Interest Rate Pri ce Yield % to Yield % to Yield % to Yield % % % % % % I As used in this maturity schedule, the Bonds mean the $ principal amount of the Bonds, excluding the Escrow Bonds. 2 Escrow Bonds mean the Escrow Serial Bonds and the Escrow Term Bonds in the principal amount of $ RVPUB\MSHAH\712788. 1 % Term Bond Due September 1,20_, Price % Term Bond Due September 1,20_, Price % Term Bond Due September 1,20_, Price Maturity Schedule of Escrow Bonds2 Principal Amount Interest Rate Price % Term Bond Due September 1, 20_, Price % Term Bond Due September 1,20_, Price % Term Bond Due September 1,20_, Price A-I Yield % to Yield % to Yield % to Yield 923 APPENDIX B CITY RULE 15c2-12 CERTIFICATE The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of the City of Rancho Cucamonga (the "City"), the city council of which is the legislative body of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District"), and as such is duly authorized to execute and deliver this Certificate on behalf of the City in connection with the issuance of its 2006 Special Tax Bonds (the "Bonds"), and further hereby certifies and reconfirms on behalf of the District as follows: (i) This Certificate is delivered in order to enable the underwriter of the Bonds to comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"); (ii) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement (the "Preliminary Official Statement"); (iii) As used herein, "Permitted Omissions" shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and other terms of the Bonds' depending on such matters, all with respect to the Bonds; and (iv) The Preliminary Official Statement IS, except for the Permitted Omissions, deemed final within the meaning of the Rule. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: June _,2006 CITY OF RANCHO CUCAMONGA, for itself and on behalf of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) By: City Manager RVPUB\MSHAH\712788. 1 B-1 q}1/ APPENDIX C CITY CLOSING CERTIFICATE The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of the City of Rancho Cucamonga (the "City"), the city council of which is the legislative body of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District"), and as such is duly authorized to execute and deliver this Certificate on behalf of the City and District in connection with the issuance of its 2006 Special Tax Bonds (the "Bonds"), and further hereby certifies and reconfirms on behalf of the City and District as follows: (i) The representations, warranties and covenants of the District contained in the Bond Purchase Agreement by and between the City and Stone & Youngberg LLC, dated June _,2006 (the "Purchase Agreement") are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing and the District has complied with all of the terms and conditions of the Purchase Agreement required to be complied with by the District or the City at or prior to the date of the Closing; (ii) No event affecting the District or the City has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement or amendment thereto which event should be disclosed in the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; and (iii) Except as otherwise disclosed in the Official Statement and to the best knowledge of such signing officer without conducting an independent investigation, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental authority or body, pending or threatened against the District or the City challenging the creation, organization or existence of the City or the District, or the validity of the City Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the City Documents or contesting the authority of the City or the District to enter into or perform its obligations under any of the City Documents, or under which a determination adverse to the District or the City would have a material adverse effect upon the financial condition or the revenues of the District, or which, in any manner, questions the right of the District to pledge the Revenues to the payment of the Bonds. Capitalized terms not defined herein shall have the same meaning as is set forth in the Purchase Agreement. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: June _,2006 CITY OF RANCHO CUCAMONGA, for itself and on behalf of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) By: City Manager RVPUB\MSHAH\712788, 1 C-l 9:<5 APPENDIX D FISCAL AGENT CERTIFICATE The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Wells Fargo Bank, National Association, a national banking association (the "Fiscal Agent"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Fiscal Agent in connection with the issuance by the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) of its 2006 Special Tax Bonds (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Fiscal Agent as follows: (i) The Fiscal Agent is duly organized and existing as a national banking association in good standing under the laws of the United States of America, having the full power and authority to enter into and perform its duties under the Fiscal Agent Agreement and Continuing Disclosure Agreement (the "Fiscal Agent Documents"); (ii) The Fiscal Agent is duly authorized to enter into the Fiscal Agent Documents; . and (iii) To its best knowledge after due inquiry, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental district, public board or body pending against the Fiscal Agent or threatened against the Fiscal Agent which, in the reasonable judgment of the Fiscal Agent, would affect the existence of the Fiscal Agent, contests or affects the validity or enforceability of the Fiscal Agent Documents, or contests the powers of the Fiscal Agent or its authority to enter into and perform its obligations under the Fiscal Agent Documents. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: June _,,2006 WELLS FARGO BANK, NATIONAL ASSOCIATION By: Authorized Officer RVPUB\MSHAH\712788. 1 D-l q2h APPENDIX E lOb-5 CERTIFICATE OF DEVELOPER The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of [Developer], a (the "Developer"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Developer in connection with the issuance by the City of Rancho Cucamonga, for itself and on behalf of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") of its 2006 Special Tax Bonds (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Developer as follows: (1) This Certificate is delivered in order to enable the underwriter of the Bonds to comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"); (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement (the "Preliminary Official Statement"), setting forth information concerning, among other things, the Bonds, the Developer and its organization, activities, properties and financial condition, and the development (the "Development") that has been and is intended to be constructed by the Developer within the District; and (3) The statements contained in the sections of the Preliminary Official Statement entitled "THE DISTRICT," (other than sections entitled "- Appraisal of Parcels," "- Absorption Study" and "- Value to Debt Ratio" and "-Cumulative Tax Assessment and Fee Burden on Property") "OWNERSHIP OF PROPERTY," "PROPOSED DEVELOPMENT WITHIN THE DISTRICT" and "CONCLUDING INFORMA nON - Continuing Disclosure," as they relate to the Developer and its organization, activities, properties and financial condition, and the Development contain no untrue statement of a material fact and do not omit any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: June _, 2006 [DEVELOPER], By: Its: RVPUB\MSHAH\712788. 1 E-l 9~1 APPENDIX F CLOSING CERTIFICATE OF DEVELOPER The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of [Developer], a (the "Developer"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Developer in connection with the issuance by the City of Rancho Cucamonga of its Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") of its 2006 Special Tax Bonds (the "Bonds"), and further hereby certifies and reconfirms on behalf ofthe Developer as follows: (1) The Developer has duly authorized, by all necessary action, the execution, delivery and due performance of the Developer Continuing Disclosure Agreement. The Developer has not previously failed to comply with any obligations it has undertaken under Rule 15c2-12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934. (2) The Developer Continuing Disclosure Agreement has been duly executed and delivered by the Developer. (3) The information contained in the sections of the final Official Statement entitled "THE DISTRICT," (other than sections entitled "- Appraisal of Parcels," "- Absorption Study" and "- Value to Debt Ratio" and "-Cumulative Tax Assessment and Fee Burden on Property") "OWNERSHIP OF PROPERTY," "PROPOSED DEVELOPMENT WITHIN THE DISTRICT" and "CONCLUDING INFORMA nON - Continuing Disclosure," but only to the extent that information relates to the Developer, its organization, activities, properties and financial condition and to the development (the "Development") constructed and intended to be constructed within the District by the Developer, is true and correct in all material respects and does not contain any untrue or incorrect statement of a material fact and does not omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. (4) The Developer has full power and authority to own its property (including, without limitation, the Development) and to carry on its business as presently conducted and as described in the final Official Statement. (5) There are no pending or, to the knowledge of the Developer, threatened legal or administrative proceedings to which the Developer is a party or to which property of the Developer is subject, which if decided adversely to the Developer could specifically, materially and adversely affect the transactions contemplated by the Bond Purchase Agreement dated June _,2006 between the City and Stone and Youngberg, LLC (the "Purchase Agreement") or . by the final Official Statement or which could materially and adversely affect the validity or enforceability of the Bonds, the Issuance Resolution, the Fiscal Agent Agreement, the Developer Continuing Disclosure Agreement or the Purchase Agreement. (6) No event has occurred since the date of the Preliminary Official Statement which would cause statements related to the Developer, its organization, activities, properties, financial condition or development of the project to contain any untrue or incorrect statement of material fact necessary in order to make the statements made therein in light of the circumstances under which they are made, not misleading. RVPUB\MSHAH\712788. 1 F-l 11.cg (7) The Developer is solvent and no proceedings are pending or, to the knowledge of the Developer threatened in which the Developer may be adjudicated as bankrupt, or become the debtor in a bankruptcy proceeding, or discharged from any or all of its debts or obligations or granted an extension oftime to pay its debts or a reorganization or readjustment of its debts. (8) The Developer has not previously materially defaulted on the payment of special taxes or assessments in connection with any community facilities districts or assessment districts in which the Developer has been or is a Developer. (9) Except as disclosed in the final Official Statement, the Developer has not submitted an application for, nor received actual notice of, (i) the formation or authorization of any assessment district or community facilities district which would include any portion of the land within the District, or (ii) the authorization or issuance of any debt secured by a special tax to be levied on any portion of the land within the District, other than the Special Tax. Capitalized terms not defined herein shall have the same meaning as is set forth in the Purchase Agreement. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: June _, 2006 [DEVELOPER], By: Its: RVPUB\MSHAH\712788. 1 F-2 929 APPENDIX G CERTIFICATE OF SPECIAL TAX CONSULTANT The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of David Taussig & Associates (the "Special Tax Consultant"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Special Tax Consultant in cOJ;mection with the issuance by the City of Rancho Cucamonga of its Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") of its 2006 Special Tax Bonds (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Special Tax Consultant as follows: (i) Based upon the Special Tax Consultant's review of the Rate and Method of Apportionment of the Special Tax (the "Rate and Method") set forth in Appendix B to the Official Statement, the Special Tax Consultant hereby certifies that the Special Tax, if levied in the maximum amounts permitted pursuant to the Special Tax formula set forth in the Rate and Method, would be levied in an amount equal to at least 110% of the gross annual debt service on the Bonds, provided that the annual debt service figures on the attached debt service schedule, which were relied upon by Special Tax Consultant, are substantially true and correct; (ii) Although the Special Tax, if levied in the maximum amounts under the Special Tax formula set forth in the Rate and Method, would be levied in an amount equal to at least 110% of the gross annual debt service payable with respect to the Bonds each year, no representation is made herein as to actual amounts that will be collected in future years; and (iii) All information provided by or related to materials provided. by the Special Tax Consultant in the Official Statement, including but not limited to information regarding Rate and Method, are true and correct as of the date of the Official Statement and as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: June _,2006 DAVID TAUSSIG & ASSOCIATES By: Its: RVPUB\MSHAH\712788, 1 G-l q3D DEBT SERVICE SCHEDULE Period Ending Special Tax Escrowed Special Aggregate Debt (September 1) Bonds Tax Bonds Service RVPUB\MSHAH\712788. 1 G-2 93/ APPENDIX H CERTIFICATE OF MARKET ABSORPTION CONSULTANT The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Empire Economics, Inc. (the "Market Absorption Consultant"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Market Absorption Consultant in connection with the issuance by the City of Rancho Cucamonga of its Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") of its 2006 Special Tax Bonds (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Market Absorption Consultant as follows: (i) The Market Absorption Consultant prepared a market absorption study relating to the absorption of properties within the District dated January 16, 2006 (the "Market Absorption Study"). The Market Absorption Study is described and summarized in the Preliminary Official Statement dated (the "Preliminary Official Statement") and the Official Statement dated (the "Official Statement"), including Appendix A thereto, relating to the Bonds; (ii) The Market Absorption Consultant hereby certifies that all information with respect to the Market Absorption Study in the Official Statement is true and correct as of the date of the Official Statement and as of the date hereof; and (iii) The Market Absorption Consultant hereby consents to the use of the Market Absorption Study in connection with the distribution and use of the Preliminary Official Statement and Official Statement. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: June _,2006 EMPIRE ECONOMICS, INC. By: Its: RVPUB\MSHAH\712788. 1 H-l 932. APPENDIX I CERTIFICATE OF APPRAISER The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Bruce W. Hull & Associates, Inc. (the "Appraiser"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Appraiser in connection with the issuance by the . City of Rancho Cucamonga of its Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") of its 2006 Special Tax Bonds (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Appraiser as follows: (i) The Appraiser prepared an appraisal of the properties within the District dated February 16, 2006 (the "Appraisal"). The Appraisal is described and summarized in the Preliminary Official Statement dated June _, 2006 (the "Preliminary Official Statement") and the Official Statement dated June _, 2006 (the "Official Statement"), including Appendix A thereto, relating to the Bonds; (ii) The Appraiser hereby certifies that all information with respect to the Appraisal in the Official Statement is true and correct as of the date of the Official Statement and as of the date hereof; and (iii) The Appraiser hereby consents to the use of the Appraisal in connection with the distribution and use of the Preliminary Official Statement and Official Statement. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: June _,2006 BRUCE W. HULL & ASSOCIATES, INC. By: Its: RVPUB\MSHAH\712788, 1 1-1 133 >. a .5 '" .:!! '1: ::s U Q) '" Q) '" Q) .s '-0-0 o Q) OJ '" >. a Q) ,0 ~ Q) .s ~ ..c: '" .. o I" >; ::s ,0 B .. ~ o a d ~ .g 0<:) g;a '';: .1: .~ .2, .5d ..c ~ ~ 0;1'-0-0 .. 0 o '" ;:::: ~ :)l~ B .~ J] .~ ~ g a ~ Q).s 2 \) .~ -g I" ::s 8 6 '5 .~ 8... Q) .- ~g C/J CT Cd a ;g g <+:< .., 01l ~'So I" Q) :~ B <l .. ~ .g '" 0- :So; ;::::~ jg~ '" I" '" ::s Q) Q) U,o 3:51 e 5 ::s ~ ~ Q) 'y ~ 8 0 .. . Q) I" '0 0 I" .., ::lE . '0 E;g o '" <+=< .: ~~ ... 0 .5 g '0 '" ~..c: Q) U > .- ~~ '0 I" .~ .~ ~ .g 8 .~ Q)'lil ~'s C/J..-, PRELIMINARY OFFICIAL STATEMENT DATED JUNE _, 2006 .. ." .. NEW ISSUE - BOOK-ENTRY ONLY NOT RATED In the opinion of Best Best & Krieger LLP, San Diego, California, Bond Counsel, under existing statutes, regulations, rnlings and judicial decisions and assuming the accuracy of certain representations and compliance with certain covenants and requirements discussed herein, interest on the bonds is excluded from gross income for federal income tax purposes, and is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and corporations. In the further opinion of Bond Counsel, interest on the Bonds is exempt from California personal income tax. See "TAX MATTERS." * $42,000,000 City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds Dated: Date of Delivery Due: September 1, as shown below The City of Rancho Cucamonga (the "City"), for itself and on behalf of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") is issuing its 2006 Special Tax Bonds (the "Bonds") to provide financing for (i) street, landscaping and park facilities to be owned by the City; (ii) school facilities to be owned by Etiwanda School District and Chaffey Joint Union High School District, (iii) water and sewer facilities to be owned by the Cucamonga County Valley Water District and the Inland Empire Utilities Agency; and (iv) flood control and open space property to be owned by the County of San Bernardino and the San Bernardino County Flood Control District (the "Facilities"). A portion of the Bonds in the principal amount of$15,550,000' are being issued as escrow bonds (the "Escrow Bonds") the sale proceeds of which will be held in escrow until certain conditions are met. See "THE BOND - Escrow Bonds." If such conditions are not met, the Escrow Bonds will be subject to mandatory redemption on or before March 1, 2009. See "THE BONDS - Redemption of the Bonds." The proceeds of the Bonds will also provide funds to fund a Reserve Fund for the Bonds, to fund capitalized interest on the Bonds and to pay costs associated with the issuance of the Bonds. The Bonds are being issued under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), and a Fiscal Agent Agreement dated as of May 1, 2006 (the "Fiscal Agent Agreement"), by and between the District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal'Agent"). The Bonds are payable from the proceeds of annual special taxes to be levied on property located within the District and from certain other funds pledged under the Fiscal Agent Agreement. The special taxes authorized to be levied on the taxable property in the District are to be levied according to the rate and method of apportionment approved by a vote of the qualified electors within the District. See Appendix B - "Amended and Restated Rate and Method of Apportionment of Special Taxes." The special taxes are to be collected in the same manner and at the same time as ad valorem property taxes are collected by the County of San Bernardino and, when received, will be placed in the Special Tax Fund established and maintained by the Fiscal Agent; provided, however, the Treasurer of the City may, pursuant to the Fiscal Agent Agreement, elect on an annual basis to have such special taxes collected by direct mail billing. The special taxes are secured by liens on taxable real property within the District and do not constitute a personal indebtedness of the respective landowners. Accordingly, in the event of delinquency in the payment of special taxes when due, proceedings to recover such delinquent special taxes may be directed only. against such real property securing the delinquent special taxes. Thus, the value of the land in the District that is subject to the levy of special taxes by the District is a critical factor in determining the investment quality of the Bonds. See "SECURITY FOR THE BONDS" and "THE DISTRICT - Appraisal of Parcels". The Bonds will be issued in fully registered form only, and, when executed and delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (collectively referred to as "DTC"). DTC will act as securities depository for the Bonds. Ownership interest in the Bonds may be purchased in book-entry form only, in denominations of $5,000. Purchasers will not receive physical certificates representing their ownership interest in the Bonds, but will receive a credit balance on the books of the nominees of such purchasers. The Bonds will not be transferable or exchangeable, except for transfer to another nominee ofDTC, or to a successor securities depository, or as described in the Fiscal Agent Agreement. Interest on the Bonds accrues from their date, and is payable on March 1 and September 1 of each year, commencing September 1, 2006. Principal, premium (if any), and interest due on the Bonds will be paid by the Fiscal Agent to DTC or its nominee, which will in turn remit such payments to its participants for subsequent disbursement to the beneficial owners of interest in the Bonds. See "Appendix 0 - Book-Entry Only System". The Bonds are subject to redemption prior to maturity, as more fully described in this Official Statement. See "THE BONDS - Redemption of Bonds". NEITHER THE FAITH AND CREDIT NOR THE GENERAL TAXING POWER OF THE CITY, THE COUNTY OF SAN BERNARDINO, THE STATE OF CALIFORNIA, NOR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT GENERAL OBLIGATIONS OF THE DISTRICT OR THE CITY. THE BONDS ARE LIMITED OBLIGATIONS OF THE DISTRICT PAYABLE SOLELY FROM THE PROCEEDS OF THE SPECIAL TAX LEVIED WITHIN THE DISTRICT AND CERTAIN FUNDS ESTABLISHED UNDER THE. FISCAL AGENT AGREEMENT AND HELD BY THE FISCAL AGENT, AS MORE FULLY DESCRIBED IN THIS OFFICIAL STATEMENT. Preliminary, subject to change. 13'1 This cover page contains information for quick reference only. It is not a summary of the Bonds. Prospective purchasers must read the entire Official Statement to obtain information essential to the making of an informed investment decision. See "BONDOWNERS' RISKS" for a discussion of factors that should be considered, in addition to the other matters set forth in this Official Statement, in evaluating the investment quality ofthe Bonds. The Bonds are offered, when, as and if issued, subject to approval as to their legality by Best Best & Krieger LLP, San Diego, California, Bond Counsel, and certain other conditions. Certain legal matters will be passed on for the City by Best Best & Krieger LLP, Riverside, California, as Disclosure Counsel, and by Richards Watson & Gershon, a professional corporation, Los Angeles, California. Additionally, it is anticipated that the Bonds in book-entry form will be available for delivery through the book-entry system of DTC in New York, New York on or about June _,2006. The date of this Official Statement is June _,2006 Stone & Youngberg LLC RVPUB\KSNOW\706629.1 9~s Maturity Date ~ Maturity Date ~ $42,000,000* City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds Maturity Schedules (Base CUSIP ----.J(l) Principal Amount Maturity Sc'hedule for the Bonds(2) $26,450,000* Serial Bonds Maturity Date ~ Interest Rate Price or Yield CUSIP(I) Suffix Principal Amount Interest Rate Price or Yield $__% Term Bonds Due September 1,20_, Price _% to Yield_% CUSIP(l) Maturity Schedule for the Escrow Bonds(3) $15,550,000* Escrow Bonds Maturity Date ~ Principal Amount CUSIP(I) Suffix Interest Rate Price or Yield Principal Amount Interest Rate Price or Yield $_ _% Escrow Term Bonds Due September I, 20_, Price _% to Yield _% CUSIP(I) CUSIP(I) Suffix CUSIP(I) Suffix (I) Copyright 2006, American Bankers Association. CUSIP data herein is provided by Standard & Poor's, CUSIP Service Bureau, a division of The McGraw-Hill Companies, Inc. This data is not intended to create a database and does not serve in any way as a substitute for the CUSIP services. (2) As used in this Maturity Schedule, the Bonds mean the $ Escrow Bonds, as defined below. (3) Escrow Bonds mean the Escrow Serial Bonds and Escrow Term Bonds in the principal amount of $ .Preliminary, subject to change. principal amount of the Bonds, excluding q3~ CITY OF RANCHO CUCAMONGA MAYOR AND CITY COUNCIL William "Bill" J. Alexander, Mayor . Diane Williams, Mayor Pro Tem Rex Gutierrez, Councilmember L. Dennis Michael, Councilmember Sam Spagnolo, Councilmember CITY STAFF Jack Lam, City Manager Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager James L. Markman, Esq., City Attorney Joe O'Neil, City Engineer BOND COUNSEL FINANCIAL ADVISOR TO THE CITY Best Best & Krieger LLP San Diego, California Fieldman, Rolapp & Associates Irvine, California APPRAISER SPECIAL TAX CONSULTANT Bruce W. Hull & Associates, Inc. Ventura, California David Taussig & Associates Newport Beach, California FISCAL AGENT/ DISSEMINATION AGENT DISCLOSURE COUNSEL Wells Fargo Bank, National Association Los Angeles, California Best Best & Krieger LLP Riverside, California MARKET ABSORPTION CONSULTANT Empire Economics, Inc. Capistrano Beach, California RVPUB\KSNOW\706629.1 q~/1 TABLE OF CONTENTS Page INTRODUCTORY STATEMENT........................... 1 GeneraL............................................................. 1 Authority for Issuance ...................................... 1 The District andth.e Development .....................1 Purpose of the Bonds ........................................ 2 Description of the Bonds .................................. 3 Security for the Bonds ...................................... 3 Risk Factors ...................................................... 4 Tax Matters ....................................................... 4 Professionals Involved in the Offering .............4 Continuing Disclosure ......................................5 Other Information ............................................. 5 FINANCING PLAN.................................................. 5 Estimated Sources And Uses Of Funds ............ 6 THE BONDS............................................................. 7 Authority for Issuance ......................................7 Description of the Bonds .................................. 8 Escrow Bonds ................................................... 8 Redemption of Bonds ....................................... 9 Parity Bonds.................................................... 12 Letter of Credit ............................................... 12 Debt Service Schedule ....................................14 SECURITY FOR THE BONDS ............................. 15 General............................................................ 15 Limited Obligation.......................................... 15 The Special Taxes........................................... 15 The Rate and Method...................................... 18 Reserve Fund .................................................. 22 Delinquent Special Taxes; Covenant To Foreclose ................................................ .........22 THE DISTRICT ....................................................... 24 General Description and Location of the District24 Facilities to be Financed with the Bonds ........ 24 Absorption Study............................................ 25 Appraisal of Parcels ........................................ 25 Direct and Overlapping Debt.......................... 25 Value to Lien Ratio......................................... 26 Cumulative Tax, Assessment and Fee Burden on Property...................................................... 28 OWNERSHIP OF PROPERTy.............................. 30 PROPOSED DEVELOPMENT WITHIN THE DISTRICT ...... ........................... .... .......................... 32 Project Approvals, Pennits and Master Infrastructure Status ........................................ 32 Rancho Estates at Etiwanda/AF 37, LLC - Tract 16226 .............................................................. 36 Regent Land Investment, LLC - Tract 16226-1.................................................. 37 RVPUB\KSNOW\706629.1 Page K. Hovnanian at Sage, LLC- Tract 16227...... 39 Meritage Homes of California, Inc. - Tract 16227-1........................................................... 42 Lennar Hom.es of California, Inc. - Tract. 16227-2........................................................... 44 Other Tract - Tract 16226-2........................... 46 BONDOWNERS' RISKS ....................................... 46 Not a General Obligation of the District or the City ................................................................. 47 Levy of the Special Taxes............................... 47 Exempt Properties........................................... 47 Collection of the Special Taxes ......................48 Concentration of Property Ownership ............48 Not a Personal Obligation............................... 49 Parity Taxes and Special Assessments............ 49 Land Values and Development.......................49 Adjustable Rate Home Loans .........................50 Slowdown in Homes Sales ............................. 50 Notice of Special Taxes; Disclosures To Future Purchasers....................................................... 52 Bankruptcy and Foreclosure Delays ............... 53 Limitation on Remedies of Bondholders; No Acceleration.................................................... 54 Loss of Tax Exemption................................... 54 Secondary Markets and Prices ........................ 54 CONCLUDING INFORMA nON ..........................55 Tax Matters .....................................................55 Legal Opinions................................................ 55 Litigation........................................................ 56 Continuing Disclosure .................................... 56 No Rating........................................................ 57 Underwriting.... ........................... ................. ... 57 Professional Fees ............................................57 Miscellaneous................................................. 58 Appendix A - Summary Appraisal Report............ A-I Appendix B - Amended and Restated Rate and Method of Apportionment of Special Taxes .... B-1 Appendix C - Summary of the Fiscal Agent Agreement ...... ............. .......... .... .............. ......... C-l Appendix D - Book-Entry Only System...............D-l Appendix E - Form of Continuing Disclosure Agreement. ............. ................... .... ................... E-l Appendix F - Form of Bond Counsel Opinion ......F-l Appendix G - General Information of the City of Rancho Cucamonga .....................................G-l Appendix H - Summary Absorption Study........... H-l C;3~ No Offering May be Made Except by this Official Statement. No dealer, broker, salesperson or other person has been authorized to give any information or to make any representations with respect to the Bonds other than as contained in this Official Statement, and if given or made, such other information or representation must not be relied upon as having been authorized. No Unlawful Offers or Solicitations. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do.so or to any person to whom it is unlawful to make. such offer or solicitation. Effective Date. This Official Statement speaks only as of its date, and the information and expressions of opinion contained in this Official Statement are subject to change without notice. Neither the delivery of this Official Statement nor any sale of the Bonds will, under any circumstances, create any implication that there has been no change in the affairs of the City, the District, any other parties described in this Official Statement, or in the condition of property within the District since the date of this Official Statement. Use of this Official Statement. This Official Statement is submitted in connection with the sale of the Bonds referred to herein and may not be reproduced or used, in whole or in part, for any other purpose. This Official Statement is not a contract with the purchasers of the Bonds. Preparation of this Official Statement. The information contained in this Official Statement has been obtairied from sources that are believed to be reliable, but this information is not guaranteed as to accuracy or completeness. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. Document References and Summaries. All references to and summaries of the Fiscal Agent Agreement or other documents contained in this Official Statement are subject to the provisions of those documents and do not purport to be complete statements of those documents. Stabilization of and Changes to Offering Prices. The Underwriter may overallot or take other steps that stabilize or maintain the market price of the Bonds at a level above that which might otherwise prevail in the open market. If commenced, the Underwriter may discontinue such market stabilization at any time. The Underwriter may offer and sell the Bonds to certain dealers, dealer banks and banks acting as agent at prices lower than the public offering prices stated on the cover page of this Official Statement, and those public offering prices may be changed from time to time by the Underwriter. Bonds are Exempt from Securities Laws Registration. The issuance and sale of the Bonds have not been registered under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, in reliance upon exemptions for the issuance and sale of municipal securities provided under Section 3(a)(2) of the Securities Act of 1933 and Section 3(a)(12) of the Securities Exchange Act of 1934. Estimates and Projections. Certain statements included or incorporated by reference in this Official Statement constitute "forward-looking statements" within the meaning of the United States Private Securities Litigation Reform Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended, and Section 27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the terminology used such as "plan," "expect," "estimate," "budget" or other similar words. THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THE DISTRICT DOES NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO THOSE FORWARD-LOOKING STATEMENTS IF OR WHEN ITS EXPECTATIONS, OR EVENTS, CONDITIONS OR CIRCUMSTANCES ON WHICH SUCH STATEMENTS ARE BASED OCCUR. RVPUB\KSNOW\706629.1 939 REGIONAL LOCATION MAP City of Rancho Cucamonga San Bernardino County, California e-- BERNARDINO COUNTY LOS ANGELES COUNTY ~ ai RIVERSIDE COUNTY ..0", c/,t:- /C Oc ~'" 011 ~ ~_..J~~1 miles RVPUB\KSNOW\706629.1 CfL(D AERIAL LOCATION MAP City of Rancho Cucamonga San Bernardino County, California RVPUB\KSNOW\706629.1 9Lf/ OFFICIAL STATEMENT * $42,000,000 City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds INTRODUCTORY STATEMENT General The purpose of this Official Statement, which includes the cover page and attached Appendices, is to provide certain information concerning the issuance by the City, for itself and on behalf of the District, of its City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds (the "Bonds"). The Bonds are being issued under a Fiscal Agent Agreement (the "Fiscal Agent Agreement") dated as of May 1,2006, by and between the District and Wells Fargo Bank, National Association, a national banking association, as fiscal agent (the "Fiscal Agent"). This introduction is subject in all respects to the more complete information set forth in this Official Statement. All capitalized terms used in this Official Statement and not otherwise defined have the same meaning as in the Fiscal Agent Agreement. See "Appendix C - Summary of the Fiscal Agent Agreement - Definitions" . Authority for Issuance The Bonds will be issued under the Mello-Roos Community Facilities Act of 1982, as amended, constituting Sections 53311 et seq. of the California Government Code (the "Act"), the approving vote of the eligible landowner voters of the District, a resolution of the City Council of the City (the "City Council"), acting in its capacity as the legislative body of the District adopted on June 7, 2006, and the Fiscal Agent Agreement. The City Council has authorized the issuance and delivery of the Bonds in the maximum principal amount of $45,000,000. See "THE BONDS - Authority for Issuance." The District and the Development The District was formed by the City on September 15, 2004, under the Act following a public hearing held on such date. Following the formation of the District, the City conducted a special election at which the qualified electors of the District approved the levy of special taxes within the District and the issuance of bonds secured by such special taxes. The amount of bonded indebtedness and levy of special taxes were subsequently amended. See "THE BONDS - Authority for Issuance." The District consists of approximately 250 gross acres of land under development located along the northeastern portion of the City comprised of Tracts 16226, 16226-1, 16226-2, 16227, 16227-1 and 16227-2. The Developer. At the time the District was created Chin Yun Yeh Chuang, a citizen and resident of Taiwan ("Ms. Chuang" or the "Developer") owned all of the property within the District. Ms. Chuang retained the property development services of BCA Development Inc., a California corporation ("BCA Development"). BCA Development is the master developer and executive manager and is responsible for preparing each tract for sale to merchant homebuilders. As of June 1,2006, Tract Nos. 16226, 16226-1, 16227 and 16227-1 had been sold to merchant builders. Tract 16227-2 was in escrow to a merchant builder, and Tract 16226-2 was being marketed to potential purchasers. Van Daele Communities. Tract 16226 was purchased from the Developer on May 7, 2006 by Rancho Estates at Etiwanda AF 37, LLC ("Rancho Estates") which is managed by Van Daele Communities LLC ("Van Preliminary, subject to change. RVPUB\KSNOW\706629.1 1 1'12 Daele"). Van Daele intends to develop Tract 16226 into 70 single family homes. See "OWNERSHIP OF PROPERTY - Rancho Estates at Etiwanda/AF 37, LLC- Tract 16226." Forecast Homes. Tract 16226-1 was purchased by Regent Land Investment, LLC ("Regent") on April 27, 2006. Regent has entered into a Construction Agreement and Option Agreement with K. Hovnanian Forecast Homes, Inc. ("Forecast Homes"). Under these agreements, Forecast Homes intends to purchase and to construct 97 single family homes. within Tract 16226-1. for resale to individual home buyers. See "OWNERSHIP OF PROPERTY - Rancho Properties, LLC - Tract No. 16226-1." K. Hovnanian. Tract 16227 was sold by the Developer to K. Hovnanian Companies of California ("KHCSC"). Tract 16227 is currently owned by Lo Land Assets, LP ("Lo Land") which has entered into a construction and option arrangement with K. Hovnanian at Sage, LLC ("KHS"). KHS intends to purchase and to construct 111 single family homes in Tract 16227 for sale to individual home owners. See "OWNERSHIP OF PROPERTY - K. Hovnanian at Sage, LLC - Tract 16227." Meritage Homes. Meritage Homes of California, Inc., a California corporation ("Meritage Homes"), assigned its right to purchase Tract 16227-1 from the Developer to SCC-Canyon II, LLC, a Delaware limited liability company ("SCC-Canyon"). SCC-Canyon purchased Tract 16227-1 and concurrently entered into a construction and option arrangement with Meritage Homes. Under this arrangement, Meritage Homes intends to purchase and to construct 145 single family homes within Tract 16227-1 for sale to individual home owners. See "OWNERSHIP OF PROPERTY - Meritage Homes - Tract 16227-1." Lennar Homes. Tract 16227-2 is in escrow to Lennar Homes of California, Inc., a California corporation ("Lennar"). Lennar expects to close escrow by August 2006. Lennar intends to construct 114 single family homes within Tract 16227-2. See "OWNERSHIP OF PROPERTY - Lennar Homes - Tract 16227-2. See "OWNERSHIP OF PROPERTY - Lennar - Tract 16227-2." Remaining Tract. Tract 16226-2 is currently being marketed to interested merchant homebuilders. BCA Development anticipates Tract 16226-2 will be developed into 95 single family homes. Flood Map Issues. Approximately 225 lots of the project located within Tracts '16227 and 16227-2 in the District (the "Zone D Parcels") are located within a Zone D special flood area as designated by the Federal Emergency Management Agency ("FEMA"). Certificates of occupancy will not be issued by the City for the Zone D Parcels until a Letter of Map Revision ("LOMR") is issued by FEMA. Properties located within Zone D may be removed from the special flood zone area upon compliance with applicable FEMA procedures and construction of certain improvements to mitigate flooding approved by FEMA pursuant to Conditional Letter of Map Revision ("CLOMR"). BCA Development has started the process for removal of such property from Zone D special flood zone. See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Project Approvals, Permits and Master Infrastructure Status - Conditions of Development - FEMA." A portion of the Bonds, referred to herein as the Escrow Bonds, in the principal amount of $15,550,000 will be held in escrow until FEMA has issued a LOMR. If the LOMR is not issued prior to January 1,2009, the Escrow Bonds are subject mandatory redemption on March 1,2009. However, Special Taxes shall continue to be levied upon the Zone D Parcels despite redemption of the Escrow Bonds. See "THE BONDS - Redemption of Bonds" and "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Project Approvals, Permits and Master Infrastructure Status - Conditions of Development - FEMA." Purpose of the Bonds The Bonds are being issued to (a) provide funds for the acquisition and construction of certain public improvements (See "THE DISTRICT - Facilities to be Financed with the Bonds"), (b) fund a reserve fund for the Bonds, (c) fund capitalized interest on the Bonds through September 1, 2006 and fund interest payments on the Escrow Bonds for a one year period, (d) pay certain administrative expenses of the District, and (e) pay costs associated with the issuance of the Bonds. RVPUB\KSNOW\706629.1 2 9'-13 Description of the Bonds The Bonds are being issued as $15,550,000. Escrow Bonds (the "Escrow Bonds") and $26,450,000. non-escrow bonds (referred to herein collectively, as the "Bonds") and are dated their date of delivery and mature in the amounts and in the years, and bear interest at the rates set forth on the cover page of this Official Statement. Interest on the Bonds will be payable on each March 1 and September 1 each year, beginning . September 1, 2006. Registration, book-entry provisions, denominations. The Bonds will be delivered in fully registered form only and, when delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). DTC will act as securities depository of the Bonds. Ownership interests in the Bonds may be purchased in book-entry form only in the principal amount of $5,000 or any integral multiple. See "Appendix D - Book-Entry Only System". Transfer and exchange. If the book-entry only system described below is no longer used with respect to the Bonds, the Bonds may be transferred and exchanged in accordance with the Fiscal Agent Agreement. Redemption provisions. The Bonds are subject to optional and mandatory sinking fund redemption prior to their respective maturity dates. See "THE BONDS - Redemption Of Bonds". Security for the Bonds Limited Obligation. Neither the full faith and ~redit nor the general taxing power of the City, the County of San Bernardino (the "County"), the State of California (the "State"), or any political subdivision of the State is pledged to the payment of the Bonds. Except for the Special Taxes (defined below), no other taxes are pledged to the payment of the Bonds. The Bonds are not general obligations of the District or the City. The Bonds are limited obligations of the District payable solely from the proceeds of the Special Taxes levied within the District and other sources described in the Fiscal Agent Agreement and held by the Fiscal Agent. The Special Taxes. Payments of interest on and principal of the Bonds are to be made from the proceeds of the Special Tax, as defined in the Rate and Method, as defined below, authorized to be levied annually by the District pursuant to the Rate and Method on all taxable property within the District (the "Special Taxes"). The Special Taxes are authorized to be levied under the Act and in accordance with the special election held in the District and the Rate and Method. See "SECURITY FOR THE BONDS - The Special Taxes" and "- The Rate and Method" and Appendix B - Amended and Restated Rate and Method of Apportionment of Special Taxes. Appraised Value of Property within the District, Absorption and Value to Debt Ratio. An appraisal dated May 19, 2006 of the market value of the fee simple estate in the land within the District that is subject to the levy of Special Taxes (the "Appraisal") has been prepared by Bruce W. Hull & Associates, Inc. (the "Appraiser") of Ventura, California and is attached as Appendix A. Subject to the assumptions contained in the Appraisal, the Appraiser estimated that the fee simple market value of the properties in the District as of May 18, 2006 was $198,725,000. A Market Absorption Study dated January 16, 2006, as updated on February 10, 2006, regarding the proposed development within the District was conducted by Empire Economics, Inc., Capistrano Beach, . Preliminary, subject to change. RVPUB\KSNOW\706629.1 3 9LfLj California. This report indicates that full absorption of the proposed development is expected to occur by 2010. See "Appendix H - Absorption Study." The aggregate market values reported in the Appraisal results in estimated overall value-to-debt ratios of 4.73 to 1*, calculated with respect to all applicable direct and overlapping tax and fixed lien assessment debt, if any, as of the projected closing date for the Bonds. The value-to-debt ratios of individual parcels within the District will differ from the foregoing aggregate ratios. See "THE DISTRICT - Appraisal of Parcels" and "THE DISTRICT - Value to Debt Ratio". See also "THE DISTRICT - Cumulative Tax, Assessment and Fee Burden on Property" for a description of certain additional debt or other obligations secured by liens on the property within the District. Reserve Fund. The Fiscal Agent Agreement establishes a Reserve Fund for the Bonds which is required to be funded in an amount equal to the Reserve Requirement. The Reserve Requirement is (a) as of any date of calculation prior to the transfer of the funds on deposit in the Escrow Fund; an amount not to exceed the lesser of (i) the Maximum Annual Debt Service on the Outstanding Bonds with the exception of the Escrow Bonds, (ii) 125% of Average Annual Debt Service on the Outstanding Bonds or (iii) 10% of the face amount of the Outstanding Bonds, and (b) as of any date following the transfer of the funds on deposit in the Escrow Fund (i) maximum Annual Debt Service on the Outstanding Bonds, (ii) 125% of Average Annual Debt Service on the Outstanding Bonds or (iii) 10% of the face amount of the Outstanding Bonds. See "SECURITY FOR THE BONDS _ Reserve Fund". Risk Factors Certain events could affect the ability of the District to pay debt service on the Bonds when due. See the section of this Official Statement entitled "BOND OWNERS ' RISKS" for a discussion of special factors which should be considered, in addition to the other matters set forth herein, in considering the investment quality of the Bonds. Tax Matters In the opinion of Bond Counsel, under existing laws, regulations, rulings and court decisions, the interest on the Bonds is exempt from personal income taxes of the State and, assuming certain representations and compliance with certain covenants and requirements described in the section entitled "CONCLUDING INFORMATION - Tax Matters", is excluded from gross income for federal income tax purposes and is not a specific preference item for purposes of the federal alternative minimum tax on individuals and corporations. See Appendix F hereto for the form of the opinion of Bond Counsel expected to be delivered in connection with the issuance of the Bonds. For a more complete discussion of such opinion, see "CONCLUDING INFORMATION - Tax Matters." Professionals Involved in the Offering Wells Fargo Bank, National Association, will serve as Fiscal Agent for the Bonds. The Bonds will be delivered subject to approval as to their validity by Best Best & Krieger, LLP, San Diego, California, Bond Counsel. Certain legal matters will be passed upon for the Underwriter by disclosure counsel, Best Best & Krieger LLP, Riverside, California, and for the City and the District by Richards Watson & Gershon, a professional corporation, Los Angeles, California. An appraisal of the property within the District has been prepared by Bruce W. Hull & Associates, Inc., Ventura, California. Fieldman, Rolapp & Associates of Irvine, California, has served as financial advisor. to the City and the District for the financing. David Taussig & Associates of Newport Beach, California, has served as special tax consultant to the District for the financing, and Empire Economics, Inc., Capistrano Beach, California, has acted as market absorption consultant. * Preliminary; subject to change. RVPUB\KSNOW\706629.1 4 9L(3 For information concerning circumstances in which certain of the above - named professionals may have a financial or other interest in the offering of the Bonds, see "CONCLUDING INFORMATION - Professional Fees." Continuing Disclosure The District has agreed to provide, or cause to be provided, to each nationally recognized municipal securities information repository ("NRMSIR") and any public or private repository or entity designated by the State as a state repository ("State Repository") periodic reports, commencing February 1,2007 as to the District, containing certain financial information and operating data relating to the District, and to provide notices of the occurrence of certain enumerated events, if material. Ms. Chuang, KHS, Lo Land, Meritage Homes, SCC-Canyon, Regent, Rancho Estates and Lennar Homes have also agreed for the benefit of the Owners of the Bonds to provide or cause to be provided, to each NRMSIR and any State Repository semi-annual reports containing certain financial information and operating data relating to the development of their respective projects, and to provide notices of the occurrence of certain enumerated events, if material regarding their respective projects. The timing of such reports and the specific nature of the information required to be contained in each of these reports and the notices of material events are set forth in "Appendix E - Forms of Continuing Disclosure Agreement". See also "CONCLUDING INFORMATION - Continuing Disclosure". Other Information This Official Statement speaks only as of its date, and the information contained herein is subject to change. Brief descriptions of the Bonds, certain sections of the Fiscal Agent Agreement, security for the Bonds, special risk factors, the District, the City, the major landowners and developers in the District and other information are included in this Official Statement. Such descriptions and information do not purport to be comprehensive or definitive. The descriptions of the Bonds, the Fiscal Agent Agreement, and other resolutions and documents are qualified in their entirety by reference to the forms thereof and the information with respect thereto included in the Bonds, the Fiscal Agent Agreement, such resolutions and other documents. All such descriptions are further qualified in their entirety by reference to laws and to principles of equity relating to or affecting generally the enforcement of creditors' rights. Copies of such documents may be obtained from the office of the City Clerk of the City, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. FINANCING PLAN Facilities to be Financed. The City anticipates acquiring $ proceeds for the following projects: of public facilities with Bond . Day Creek Boulevard - grading, storm drain, sewer, water, dry utilities, streets and landscaping. . Etiwanda Avenue - grading, sewer, water, dry utilities, streets and landscaping. . Water and sewer facilities to be owned by Cucamonga Valley Water District ("CVWD") which are authorized to be financed from the proceeds of capacity charges levied by CVWD. . Storm drain facilities including the northern property line storm drain and the Etiwanda Avenue storm drain. . Park facilities. . Equestrian facilities. . School facilities to be owned by the Etiwanda School District. . . School facilities to be oWned by the Chaffey Joint Union High School District. . Flood control facilities to be owned by the San Bernardino County Flood Control District. RVPUB\KSNOW\706629.1 5 q L( b . Open space to be owned by the County of San Bernardino. . To pay the costs of issuing the Bonds. · To fund a Reserve Fund for the Bonds. . To fund capitalized interest on the Bonds through September 1,2006. Joint Financing Agreements. In connection with the formation of the District, the City has entered into separate Joint Community Facilities' Financing Agreements with the Cucamonga Valley Water District, the Etiwanda School District, the Chaffey Joint Union High School District, the County of San Bernardino, the San Bernardino Flood Control District and the Inland Empire Utilities Agency. Under each of these agreements, the City and the respective public agencies have agreed that a portion of the proceeds of the Bonds will be used to finance public facilities that will be owned by such public agencies. The amount of bond proceeds, the affected public agency, and the facilities or property to be financed are as follows: Public Agency County of San Bernardino San Bernardino Flood Control District Inland Empire Utilities Agency Cucamonga Valley Water District Etiwanda School District ChaffeyJoint Union High School District TOTAL Bond Proceeds $ 110,000 882,274 2,528,000 4,988,754 8,302,564 2.696.676 $19,508,268 Facilities/Use Open Space Flood Control Wastewater Transmission Lines, Pump Station School School Estimated Sources And Uses Of Funds The following table sets forth the estimated sources and uses of the Bond proceeds: TABLE 1 City of Rancho Cucamonga, Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds Estimated Sources and Uses of Funds SOURCES OF FUNDS Principal Amount of the Bonds Less Underwriter's Discount Total Sources of Funds USES OF FUNDS Deposit to Escrow Fund(l) Deposit to the Capitalized Interest Account of the Escrow Fund(2) Deposit to the Project Fund Deposit to Interest Account of the Bond Fund(3) Deposit to Reserve Fund(4) Deposit to Costs of Issuance Fund Deposit for Administrative Expenses(5) Total Uses of Funds $ $ $ $ (1) Includes an amount to be deposited to the Reserve Fund in an amount equal to the Reserve Requirement for the Escrow bonds upon the release of such moneys to the Project Fund. See "THE BONDS - Escrow Bonds." (2) An amount equal to a portion of the interest payable with respect to the Escrow Bonds through September I, 2007. See "THE BONDS - Escrow Bonds." (3) Represents the capitalized interest accruing on the Bonds from their date of delivery to and including September 1, 2006. (4) Equal to the Reserve Requirement for the Non-Escrow Bonds. (5) . Represents the anticipated administrative expenses of the District for Fiscal Year 2006-2007. RVPUB\KSNOW\706629.1 6 947 THE BONDS Authority for Issuance The Act was enacted by the California Legislature to provide an alternate method of financing certain public capital facilities and services, especially in developing areas of the State. Once duly established, a community facilities district is a legally constituted governmental entity within defined boundaries, with the governing board or legislative body of the local agency that established the district acting on its behalf. Subject to approval by a two-thirds vote of qualified electors and compliance with the provisions of the Act, a legislative body of a local agency may issue debt securities for a community facilities district and may levy and collect a special tax within such district to repay such indebtedness. Under the Act, the City Council has taken the following actions: On August 4, 2004, the City Council adopted the following resolutions: D Resolution No. 04-257 declaring the intention of the City Council to establish the District and to authorize the levy of special taxes therein to finance the provisions of certain public services and the acquisition of certain public facilities. D Resolution No. 04-259 declaring the intention of the City Council to issue bonds secured by special taxes to pay for the acquisition of certain facilities in the District. On September 15, 2004, the City Council, following a public hearing held on such date, adopted: D Resolution No. 04-295 forming and establishing Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) and authorizing submittal of levy of special taxes therein to the qualified electors thereof. D ' Resolution No. 04-296 declaring the necessity to incur a bonded indebtedness, submitting to the qualified electors of the District a proposition to incur a bonded indebtedness secured by a special tax to pay for certain facilities in the District and a proposition to establish an appropriateness limit for such District, and giving notice thereof. On September 15,2004, the qualified electors within the District, authorized the issuance of bonds in a maximum principal amount of $45,000,000 to be secured by the levy of the special taxes to finance the acquisition and construction of such facilities, established an annual'appropriations limit for the District, and approved the levy of the special taxes pursuant to a rate and method of apportionment of special taxes (the ",Rate and Method"). The City Council, following the certification of the election results by the City Clerk, adopted Resolution No. 04-297 on September 15,2004 declaring the results of the special election within the District. On October 6,2004, the City Council also introduced and waived the first reading of Ordinance No. 735 authorizing the levy of a special tax within the District. The City Council adopted Ordinance No. 735 (the "Ordinance") on October 6, 2004, and such Ordinance became effective on November 6, 2004. On June 8, 2006, the City Council also adopted Resolution No. _ authorizing the issuance of the Bonds and approving the forms of the Fiscal Agent Agreement, Bond Purchase Agreement, Preliminary Official Statement and Continuing Disclosure Agreement. RVPUB\KSNOW\706629.1 7 9LJ~ Description of the Bonds The Bonds will mature on the dates and in the principal amounts and will bear interest at the rates per annum set forth on the inside cover page of the Official Statement. Interest on the Bonds will accrue from their date, and will be payable semiannually on March 1 and September 1 each year (each an "Interest Payment Date") commencing September 1,2006. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. The Bonds will be issued in fully registered form without coupons in the denomination of $5,000 or any integral multiple. All of the Bonds, when issued, will be registered in the name of Cede & Co., as nominee of DTC, New York, New York, which will act as securities depository for the Bonds. Purchasers will not receive physical certificates representing their interests in the Bonds. Principal of and interest on the Bonds will be paid by the Fiscal Agent to DTC for subsequent disbursement to DTC Participants, who will remit such payments to the beneficial owners of the Bonds. See "Appendix D - Book-Entry Only System." Escrow Bonds A $15,550,000' principal amount of the Bonds are being issued as Escrow Bonds. Proceeds of the Escrow Bonds shall be deposited to the Escrow Fund created and held under the Fiscal Agent Agreement and to a Capitalized Interest Account created within the Escrow Fund. Moneys in the Escrow Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners until such time as such moneys are to be transferred to the Project Fund and Reserve Fund or used to redeem the Escrow Bonds and to make interest payments as described below: (i) Transfers from the Capitalized Interest Account to the Interest Account of the Bond Fund. (a) Moneys on deposit in the Capitalized Interest Account of the Escrow Fund will be released therefrom on September 1, 2006 and transferred to the Interest Account of the Bond Fund for the payment of interest on the Escrow Bonds which is due and payable on such Interest Payment Date. (b) Moneys on deposit in the Capitalized Interest Account of the Escrow Fund will be released therefrom on March 1,2007 and September 1,2007, respectively, and transferred to the Interest Account of the Bond Fund for the payment of interest on the Escrow Bonds which is due and payable on such dates unless the Fiscal Agent shall, on or before February 1, 2007, have received a certificate executed by an Authorized Officer stating that the Special Taxes levied on the Zone D Parcels and due and payable in Fiscal Year 2006-2007 have been paid in full. (c) Moneys on deposit in the Capitalized Interest Account of the Escrow Fund shall be released on March 1, 2008 and September 1, 2008, respectively, and transferred to the Interest Account of the Bond Fund for the payment of interest on the Escrow Bonds which is due and payable on such dates unless the Fiscal Agent shall, on or before January 1, 2008, have received a certificate executed by an Authorized Officer stating that the Special Taxes levied on the Zone D Parcels and due and payable in Fiscal Year 2007-2009 have been paid in full. (ii) Transfers to the Project Fund and the Reserve Fund. Moneys on deposit in the Escrow Fund, including the Capitalized Interest Account thereof, will be released from the Escrow Fund and transferred to the Project Fund and the Reserve Fund on any date after the Closing Date upon which the Fiscal Agent shall have received an Officer's Certificate certifying that (a) the City has received the LOMR or (b) the City has received Special Tax Prepayments for each of the Zone D Parcels. Only one . Preliminary, subject to change. RVPUB\KSNOW\706629.1 8 9LJ9 release and transfer of moneys on deposit in the Escrow Fund will be permitted pursuant to the Fiscal Agent Agreement. If the Fiscal Agent shall have received an Officer's Certificate as described in the preceding paragraph, the Fiscal Agent shall transfer the amounts in the Escrow Fund as follows: . (a) Into the Reserve Fund, the portion of the amount in the Escrow Fund required to maintain the Reserve Fund at the Reserve Requirement (to the extent that the transfer of the moneys from the Escrow Fund increases the amount required to be on deposit in the Reserve Fund); and (b) Into the Project Fund, the amount remaining in the Escrow Fund following the transfer to the Reserve Fund pursuant to (a) above. (iii) Transfers to the Redemption Fund. (a) If on the sixtieth (60th) calendar day preceding any Interest Payment Date (i) no moneys remain on deposit in the Capitalized Interest Account of the Escrow Fund and (ii) the Fiscal Agent shall have received a written certificate executed by an Authorized Officer certifying that Special Taxes levied on all or any portion of the Zone D Parcels are then delinquent, the Fiscal Agent will on such date transfer all moneys on deposit in the Escrow Fund to the Redemption Fund and used to redeem Escrow Bonds pursuant to the Fiscal Agent Agreement on the next succeeding Interest Payment Date. (b) All moneys on deposit in the Escrow Fund, including the Capitalized Interest Account thereof, on January 1, 2009 shall be transferred to the Redemption Fund and used to redeem Escrow Bonds on March 1, 2009. For a description of the FEMA Conditions of Approval see "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Project Approvals, Permits and Master Infrastructure Status - Conditions of Development - FEMA. " The Escrow Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring following the release of the moneys on deposit in the Escrow Fund and the transfer of such moneys to the Project Fund and the Reserve Fund pursuant to the Fiscal Agent Agreement, as a whole or in part at the redemption prices set forth above, together with accrued interest thereon to the date of redemption. Redemption of Bonds * Optional Redemption. The Bonds, other than the Escrow Bonds, are subject to optional redemption prior to their stated maturity on any Interest Payment Date, as a whole or in part, at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be reduced), together with accrued interest thereon to date of redemption: Redemption Date September 1, 2006 through March 1, 2014 September 1, 2014 through March 1, 2015 September 1, 2015 and March 1, 2016 September 1, 2016 and thereafter Redemption Price 103% 102% 101% 100% The Escrow Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date occurring following the release of moneys on deposit in the Escrow Fund and the transfer of such . Preliminary, subject to change. RVPUB\KSNOW\706629.1 9 q5{) moneys to the Project Fund and the Reserve Fund pursuant to the Fiscal Agent Agreement, as a whole or in part, at the redemption prices set forth above, together with accrued interest to the date of redemption. Mandatory Redemption from Proceeds of Special Tax Prepayments. The Bonds shall be subject to redemption on any Interest Payment Date, prior to maturity, as a whole or in part on a pro rata basis among maturities from amounts deposited to the Redemption Fund representing Special Tax Prepayments. An Authorized Representative shall deliver written instructions to' the Fiscal Agent not less than 60 days prior to the redemption date directing the Fiscal Agent to utilize the Special Tax Revenues transferred to the Redemption Fund and the Interest Account of the Bond Fund pursuant to the Fiscal Agent Agreement. Such mandatory redemption of the Bonds shall be at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), together with accrued interest thereon to the date of redemption: Redemption Date September 1, 2006 through March 1, 2014 September 1, 2014 through March 1, 2015 September 1, 2015 and March 1, 2016 September 1, 2016 and thereafter Redemption Price 103% 102% 101% 100% Mandatory Sinking: Fund Redemption. The Bonds, other than the Escrow Bonds, maturing on September 1,20_ are subject to mandatory sinking fund redemption in part on September 1,20_, and on any date thereafter each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount of the Bonds to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: Redemption Date (September 1) Principal Amount Redeemed The Escrow Bonds are subject to mandatory sinking fund payment redemption in part on September 1, 20_, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund payments as follows: Redemption Date (September 1) Principal Amount Redeemed Extraordinary Mandatory Redemption of Escrow Bonds. The Escrow Bonds are subject to extraordinary mandatory redemption on any Interest Payment Date through and including March 1,2009 from funds transferred from the Escrow Fund to the Redemption Fund pursuant to the provisions of the Fiscal Agent RVPUB\KSNOW\706629.1 10 05) Agreement at a redemption price equal to 103% of the principal amount thereof, together with accrued interest thereon to the date of redemption. See "THE BONDS - Escrow Bonds," herein. The amounts in the foregoing tables shall be reduced, as a result of any prior partial redemption of the Bonds pursuant to the Fiscal Agent Agreement as specified in writing by the Director of Finance to the Fiscal Agent, in inverse order of sinking fund payment date. Selection of Bonds for Redemption. Whenever provision is made for the redemption of less than all of the Bonds or any given portion thereof, the Fiscal Agent shall select the Bonds to be redeemed, from each maturity in any manner the City specifies, with such selection within a maturity to be done in any manner which the Fiscal Agent deems fair. Notice of Redemption. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least 30 days but not more than 60 days prior to the date fixed for redemption, to the Original Purchaser, to the Securities Depositories, to one or more Information Services, and to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond Register in the Principal Office of the Fiscal Agent; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. Such notice shall state the redemption date and the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of the Bonds to be redeemed by giving the individual CUSIP number and Bond number of each Bond to be redeemed or shall state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called in part the principal amount thereof to be redeemed, and shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of, and interest and any premium on, the Bonds so called for redemption shall have been deposited in the Bond Fund or Redemption Fund, such Bonds so called shall cease to be entitled to any benefit under the Fiscal Agent Agreement other than the right to receive payment of the redemption price and interest thereon through the date of redemption, and no interest shall accrue thereon on or after the redemption date specified in the notice of redemption. All Bonds redeemed will be canceled irnrnediately by the Fiscal Agent and will not be reissued. Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the registered Owner, at the expense of the City, a new Bond or Bonds, of the same series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. RVPUB\KSNOW\706629.1 11 952 Purchase in Lieu of Redemption. In lieu of optional mandatory or mandatory sinking fund redemption, moneys in the Bond Fund or Redemption Fund may be used and withdrawn by the Fiscal Agent for purchase of outstanding Bonds, upon the filing with the Fiscal Agent of an Officer's Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer's Certificate may provide, but in no event- may Bonds be purchased' at a price in excess of the' principal amount thereof; plus interest accrued to the date of purchase and any premium which would otherwise be due if such Bonds were to be redeemed in accordance with the Fiscal Agent Agreement. In lieu of optional redemption, the District may elect to purchase Bonds at public or private sale at such prices as the District may in its discretion determine; provided, that, unless otherwise authorized by law, the purchase price (including brokerage and other charges) of Bonds so purchased may not exceed the principal amount of those Bonds plus accrued interest to the purchase date. Parity Bonds The City will covenant in the Fiscal Agent Agreement that it will issue no additional bonds on a parity with the Bonds; provided, however, nothing in the Fiscal Agent Agreement limits the issuance of any bonds on behalf of the District if (a) the rights and claims of such bonds to the Special Tax Revenues and the funds and accounts established and described in the Fiscal Agent Agreement are in all respects subordinate to the rights and claims of the Bonds, or (b) after the issuance and delivery of such bonds, none of the Bonds shall be Outstanding. The Bonds defeased pursuant to the Fiscal Agent Agreement or Bonds in exchange or in lieu of which other bonds have been delivered are not considered to be Outstanding. Letter of Credit As a condition precedent to the issuance of the Bonds, the City shall cause the Developer to deposit a Letter of Credit or Cash Deposit in the initial Stated Amount of $ pursuant to the provisions of the Fiscal Agent Agreement. The Fiscal Agent shall deposit any Letter of Credit, Substitute Letter of Credit or Cash Deposit provided in the Fiscal Agent Agreement in the Letter of Credit Fund. Deposits to the Letter of Credit Fund; Transfers from the Letter of Credit Fund. (i) Ten Business Days before each Interest Payment Date, the Fiscal Agent shall determine whether amounts on deposit in the Bond Fund for that Interest Payment Date will be sufficient to pay principal of and interest on the Bonds that will be due and payable on such Interest Payment Date and notify the City of any deficiency. If amounts in the Bond Fund will be insufficient to pay principal of and interest on the Bonds and such insufficiency is attributable to the delinquency in the payment of Special Taxes levied on property owned by the Developer ("Developer Properties"), the Fiscal Agent shall upon the receipt of written direction of an Authorized Officer (prior to any withdrawals from the Reserve Fund permitted by the Fiscal Agent Agreement) draw upon the Letter of Credit or withdraw money from the Cash Deposit; provided, however, that the amount of such draw or withdrawal (as set forth in the Authorized Officer's written direction) shall be no greater than the delinquent Special Taxes levied on the Developer Properties. The Fiscal Agent shall deposit the proceeds of any the draw upon a Letter of Credit into the Letter of Credit Fund. On the day preceding the Interest Payment Date, and prior to any transfers from the Reserve Fund, the Fiscal Agent shall transfer the amount of the draw on the Letter of Credit or an equivalent amount from any Cash Deposit from the Letter of Credit Fund to the Bond Fund. In the event of a draw on a Letter of Credit or transfer of funds from a Cash Deposit pursuant to the Fiscal Agent Agreement, the Fiscal Agent shall, upon receipt of Delinquency Proceeds representing the Special Taxes the delinquency of which necessitated such draw on such Letter of Credit or transfer of funds from a Cash Deposit, reimburse (a) the applicable Letter of Credit Provider from such Delinquency Proceeds in an amount not to exceed such draw on such Letter of Credit or (b) deposit an amount not to exceed such transfer from such Cash Deposit in the Letter of Credit Fund to replenish such Cash Deposit. RVPUB\KSNOW\706629.1 12 053 (ii) Draws Prior to Termination of the Letter of Credit. If a Letter of Credit is not renewed, or a Substitute Letter of Credit or Cash Deposit not provided within 15 days prior to the stated expiration date of such Letter of Credit and the requirements for the release or termination of the Letter of Credit have not then been met, the Fiscal Agent shall draw on the full amount of the Letter of Credit without instruction from the City. In the event the Fiscal Agent makes such a draw upon a Letter of Credit, the Fiscal Agent shall deposit the proceeds of such draw into the Letter of Credit Fund and pending any transfer to the Bond Fund for the purposes described in the Fiscal Agent Agreement, such proceeds shall be invested and reinvested by the Fiscal Agent in Permitted Investments as specified in the Fiscal Agent Agreement. At no time shall the District direct that the proceeds of a draw on any Letter of Credit or any Cash Deposit held in the Letter of Credit Fund be invested by the Fiscal Agent at a yield exceeding the yield on the Bonds. Investment earnings and profits from such investments shall be retained in the Letter of Credit Fund until such time as the Letter of Credit Fund is no longer required and at such time all interest earnings shall be paid over to the Developer. Receipt by the City of any Letter of Credit, Substitute Letter of Credit or Cash Deposit. If the City shall receive a Letter of Credit or a Substitute Letter of Credit provided pursuant to the terms of the Fiscal Agent Agreement or a Cash Deposit, the City shall immediately transfer such Letter of Credit, . Substitute Letter of Credit or Cash Deposit to the Fiscal Agent. The City shall provide written instructions to the Fiscal Agent to return any Letter of Credit to the Letter of Credit Provider thereof for which a Substitute Letter of Credit or Cash Deposit is being provided upon the effective date of such Substitute Letter of Credit or upon receipt by the Fiscal Agent of such Cash Deposit. Renewal and Substitution~ A Letter of Credit shall be renewed, or a Substitute Letter of Credit provided, not less than 30 calendar days prior to the expiration of such Letter of Credit or Substitute Letter of Credit. The Developer may, at any time, provide a Substitute Letter of Credit for a Letter of Credit previously provided to the Fiscal Agent. The Fiscal Agent shall release and return a Letter of Credit for which a Substitute Letter of Credit has been provided to the Letter of Credit Provider upon the effective date of such Substitute Letter of Credit. . The Developer may, at any time, provide a Letter of Credit for the Cash Deposit previously provided to the Fiscal Agent. The Fiscal Agent shall return the Cash Deposit to the Developer upon the effective date of such Letter of Credit. The Developer may, at any time, provide a Cash Deposit for a Letter of Credit previously provided to the Fiscal Agent. Upon receipt of such Cash Deposit, the Fiscal Agent shall return the Letter of Credit to the Letter of Credit Provider. Reduction and/or Termination~ Following the sale or transfer by the Developer of any portion of the Developer Property for which a Letter of Credit has been provided to a person or entity other than the Developer or an Affiliate of the Developer, or upon the prepayment of the Special Tax obligation for a parcel within the Developer Property, the Developer may notify the City of such event, in writing, and the Stated Amount of such Letter of Credit shall be reduced and be recalculated as provided for in the Fiscal Agent Agreement; provided, however, that City shall be required to recalculate such amount and reduce such Letter of Credit a maximum of _ times each calendar year. The Letter of Credit shall be terminated when the Developer Property is subject to the levy of less than 20% of the aggregate Special Taxes authorized to be levied within the District. If the Developer has provided a Cash Deposit in lieu of a Letter of Credit, upon the occurrence of a sale or prepayment as described in the preceding paragraph, the Stated Amount of the Cash Deposit shall be reduced; provided, however, that the City shall be required to recalculate such amount and reduce the Cash Deposit a maximum of _ times each calendar year. The Cash Deposit shall be terminated when the Developer Property is subject to the levy of less than 20% of the aggregate Special Taxes authorized to be levied within the District. RVPUB\KSNOW\706629.1 13 9.5'-1 Debt Service Schedule The table below sets forth the scheduled payments of principal and interest for the Bonds, including annual debt service totals. Year Ending (September 1) 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 .2033 2034 2035 2036 TOTAL TABLE 2 City of Rancho Cucamonga, Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds Debt Service Schedule. Non-Escrow Bonds Escrow Bonds Total Debt Service Principal Interest(l) Interest(l) Principal (I) Preliminary, subject to change. Represents total annual interest payments. Interest is payable on March I and September I of each year. Interest payable through [September 1, 2006] has been capitalized from Bond proceeds. RVPUB\KSNOW\706629.1 14 q5~ SECURITY FOR THE BONDS General The Bonds are secured by and payable from an irrevocable first lien on the Special Tax Revenues (defined below) and moneys on deposit in the following funds established pursuant to the Fiscal Agent . Agreement: the Bond Fund, the Reserve Fund, and the Redemption Fund; until disbursed as provided in the Fiscal Agent Agreement. Amounts in the Project Fund, the Cost of Issuance Fund, the Escrow Fund, the Special Tax Fund, the Administrative Expense Fund and the Rebate Fund established pursuant to the Fiscal Agent Agreement are not pledged to the repayment of the Bonds. "Special Tax Revenues" include the proceeds of Special Taxes received by the City, including any scheduled payments and any prepayments of such Special Taxes, accrued interest and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of such Special Taxes to the amount of such lien and accrued interest; provided, however, such Special Tax Revenues do not include amounts retained by the Director of Finance for deposit in the Administrative Expense Fund and any penalties collected in connection with that Special Taxes that are delinquent. Such Special Tax Revenues and all moneys deposited into the above referenced funds (except as otherwise provide in the Fiscal Agent Agreement) are dedicated to the payment of the principal of and interest and premium on, the Bonds as provided in the Fiscal Agent Agreement and the Act until all of the Bonds have been paid and retired or until moneys or Federal Securities have been set aside irrevocably for that purpose in accordance with the provisions of the Fiscal Agent Agreement. No Pledge of the Facilities. The Facilities constructed and acquired with the proceeds of the Bonds are not in any way pledged to pay the debt service on, nor do such Facilities secure in any way payment of debt service on the Bonds. Any proceeds of condemnation or destruction of any Facilities financed with the proceeds of the Bonds are not pledged to pay debt service on the Bonds. Limited Obligation Neither the full faith and credit nor the general taxing power of the City, the County, the State, or any political subdivision is pledged to the payment of the Bonds. The Bonds are not general obligations of the District or the City. The Bonds are limited obligations of the District payable solely from the proceeds of the Special Taxes and other sources described in the Fiscal Agent Agreement and held by the Fiscal Agent. The Special Taxes Approval of the Special Tax. On September 15,2004, the City Council established the District in accordance with the provisions of the Act. In a special election held following the establishment of the District, the qualified electors within the District, the owners of land within the District, authorized the issuance of Bonds in the maximum principal amount of $45,000,000. The City Council, acting as the legislative body of the District, will establish tax rates to levy and apportion the special tax against property within the District on an annual basis. RVPUB\KSNOW\706629.1 15 9:510 District Covenant to Levy the Special Tax. Under the Fiscal Agent Agreement, the City is required to comply with all requirements of the Act so as to assure the timely collection of the Special Tax Revenues, including without limitation, the enforcement of delinquent Special Taxes. On or within five Business. Days of each June 1, the.Fiscal Agent shall provide the Director of Finance. of the City with a notice stating the amount then on deposit in the Interest Account and Principal Account of the Bond Fund, and the Reserve Fund, and informing the City that the Special Taxes may need to be levied pursuant to the Ordinance as necessary to provide for Annual Debt Service and Administrative Expenses and replenishment (if necessary) of the Reserve Fund so that the balance equals the Reserve Requirement. The receipt of or failure to receive such notice by the Director of Finance in no way affects the obligations of the Director of Finance described below. Upon receipt of such notice, the Director of Finance shall communicate with the Auditor to ascertain the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current year. The Director of Finance shall effect the levy of the Special Taxes within the District each Fiscal Year in accordance with the Ordinance No. 735 by each July 15 that the Bonds are Outstanding, or otherwise such that the computation of the levy is complete before the final date on which Auditor will accept the transmission of the Special Tax amounts for the parcels within the District for inclusion on the next real property tax roll. Upon the completion of the computation of the amounts of the levy, the Director of Finance shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the next real property tax roll. The Director of Finance shall fix and levy the amount of Special Taxes within the District required for the payment of principal of and interest on any Outstanding Bonds becoming due and payable during the ensuing year, including any necessary replenishment or expenditure of the amount within the Reserve Fund for such Bonds and an amount estimated to be sufficient to pay the Administrative Expenses (including amounts necessary to discharge any rebate obligation owing to the federal government) during such year, taking into account the balances in such funds and in the Special Tax Fund. The Special Taxes so levied shall not exceed the authorized amounts as provided in the proceedings pursuant to the Rate and Method. Duration of Special Tax Levy. The Special Taxes shall be levied for a period not to exceed 50 years commencing with Fiscal Year 2006-2007; provided, however, Special Taxes will cease to be levied within the District in an earlier Fiscal Year if the CFD Administrator (as such term is defined in the Rate and Method) has determined that all required interest and principal payments on the Bonds secured by and payable from such Special Taxes have been paid. Covenant not to Reduce Special Tax Rates Unless Certain Conditions are Met. The City has covenanted in the Fiscal Agent Agreement, that to the maximum extent that the law permits it to do so, that the City shall not initiate proceedings to reduce the Maximum Special Tax Rate (as such term is defined in the Rate and Method) unless, in connection therewith, (i) the City receives a certificate from one or more Tax Consultants which, when taken together, certify that, on the basis of the parcels of land and improvements existing in the District as of the July 1 preceding the reduction, the Maximum Annual Special Tax which may be levied on all Assessor's Parcels (as such term is defined in the Rate and Method) of taxable property within the District on which a completed structure is located in each Fiscal Year will equal at least 110% of the sum of the gross debt service on all Bonds to remain Outstanding plus the Administrative Expense Requirement after the reduction is approved and will not reduce the Maximum Annual Special Tax payable from parcels within the District on which a completed structure is located to less than the sum of 110% of Maximum Annual Debt Service, and (ii) the City Council finds pursuant to the Fiscal Agent Agreement that any reduction made under such conditions will not adversely affect the interests of the Bondowners. Any reduction in the Maximum Annual Special Tax approved pursuant to the preceding sentence may be approved without the consent of the Bondowners. RVPUB\KSNOW\706629.1 16 qS} The City has covenanted in the Fiscal Agent Agreement that, if any initiative is adopted by the qualified electors which purports to reduce the Maximum Annual Special Tax below the levels authorized under the Rate and Method, or to limit the power or authority of the District to levy Special Taxes under the Rate and Method, the District will commence and pursue legal action in order to preserve the authority and power of the District to levy Special Taxes, from funds available under the Fiscal Agent Agreement. Manner of Collection. The Special Taxes will be collected in the manner and at the same time as ad valorem property taxes are collected by the County; provided, however, the City may directly bill the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. In cases of delinquency, the Special Taxes will generally be subject to the same penalties and the same procedures, sale and lien priority as is provided for ad valorem property taxes. Taxes are levied by the County for each Fiscal Year on taxable real property that is situated in the County as of the preceding January 1. Property taxes on the secured roll (that is, taxes against real property having a tax lien that is sufficient, in the opinion of the County Assessor, to secure payment of the taxes) are due in two installments, on November 1 and February 1 of each Fiscal Year. If unpaid, such taxes become delinquent on December 10 and April 10, respectively, and a 10% penalty attaches to any delinquent payment. Property on the secured roll with respect to which taxes are delinquent become tax defaulted on June 30 of the Fiscal Year; such property may thereafter be redeemed by payment of the penalty set forth in the Revenue and Tax Code, together with the defaulted taxes, the delinquency penalty, costs, and a redemption fee. If taxes are unpaid for a period of five years or more, the property is subject to auction sale by the County. Because the District does not participate in the "Teet~r Plan" (which is the County's Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds, as provided for in Section 4701 et seq. of the California Revenue and Taxation Code), collections of assessments and Special Taxes will reflect actual delinquencies. Deposit and Application of Special Taxes. Under the Fiscal Agent Agreement, all proceeds of the annual Special Taxes (except prepayments of Special Taxes and amounts retained by the Director of Finance for deposit into the Administrative Expense Account in the amounts of each applicable Administrative Expense Requirement to pay Administrative Expenses) are to be deposited in the Special Tax Fund established by the Fiscal Agent Agreement, and applied as follows: 1. The Fiscal Agent shall deposit in the Interest Account of the Bond Fund, on each Interest Payment Date and date for redemption of the Bonds, an amount required to cause the aggregate amount on deposit in the Interest Account to equal the amount of interest due or becoming due and payable on such Interest Payment Date on all Outstanding Bonds or to be paid on the Bonds being redeemed on such date. 2. The Fiscal Agent shall deposit in the Principal Account of the Bond Fund, on each Interest Payment Date and redemption date on which principal of the Bonds, including sinking fund payments, shall be payable, including sinking fund payments, an amount required to cause the aggregate amount on deposit in the Principal Account to equal the principal amount of, and premium (if any) on, the Bonds coming due and payable on such Interest Payment Date, or required to be redeemed on such date pursuant to the Fiscal Agent Agreement. 3. On or after March 2 and September 2 of each year after making the transfer and deposits required under paragraphs 1 and 2 above, the Fiscal Agent shall transfer the amount, if any, necessary to replenish the amount then on deposit in the Reserve Fund to an amount equal to the Reserve Requirement. RVPUB\KSNOW\706629.1 17 q3g 4. On or after September 2 of each year after making the deposits and transfers required under paragraphs 1 through 3 above, upon receipt of written instructions from an Authorized Officer, the Fiscal Agent shall transfer from the Special Tax Fund to the Rebate Fund the amount specified in such request. 5. On or after September 2 of each year after making the deposits and transfers required under paragraphs 1 through 4 above, upon receipt of'a written request of an Authorized Officer, the Fiscal Agent shall transfer from the Special Tax Fund to the Administrative Expense Fund the amounts specified in such request to pay those Administrative Expenses which the District reasonably expects (a) will become due and payable during such Fiscal Year or the cost of which Administrative Expenses have previously been incurred and paid by the District from funds other than the Administrative Expense Fund and (b) the cost of which Administrative Expenses will be in excess of the Administrative Expense Requirement for such Fiscal Year. 6. If, on or after September 2 of each year, after making the deposits and transfers required under paragraphs 1 through 5 above, moneys remain in the Special Tax Fund, such moneys shall remain on deposit in the Special Tax Fund and shall be subsequently deposited or transferred pursuant to the provisions of paragraphs 1 through 5 above. Special Taxes are not a Personal Obligation. Although the Special Taxes will constitute a lien on property subject to taxation within the District in which such property is located, it does not constitute a personal indebtedness of the owners of such property. There is no assurance that the property owners will be financially able to pay the annual Special Tax or that they will pay such tax even if financially able to do so. The risk of the property owners not paying the annual Special Tax is more fully described in "BONDOWNERS' RISKS - Collection of the Special Taxes." The Rate and Method The District is legally authorized in the Fiscal Agent Agreement to cause the levy of special taxes within the District in accordance with the Rate and Method. The Rate and Method apportions the total amount of Special Tax to be collected among the Taxable Property within the District as more particularly described therein. Excerpts from the Rate and Method are provided below. All capitalized terms used in the following summary and not otherwise defined in this Official Statement shall have the meanings given to such terms in the Rate and Method as set forth in Appendix B. Assienment to Land Use Cateeories. Each Fiscal Year, all Taxable Property within the District shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to the Rate and Method. Residential Property shall be assigned to Land Use Classes 1 through 5 and Non-Residential Property shall be assigned to Land Use Class 6. The Maximum Special Tax for Residential Property shall be based on the Residential Floor Area of the dwelling unites) located on the Assessor's Parcel. The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined pursuant to the Rate and Method. RVPUB\KSNOW\706629.1 18 9$9 Maximum Special Tax. Developed Property. (a) Maximum Special Tax. The Maximum Special Tax for each Assessor's Parcel classified as Developed Property is shown below in Table A below: TABLE A Maximum Special Tax for Developed Property in Community Facilities District No. 2004-01 Land Use Class 1 2 3 4 5 6 Description Residential Property Residential property Residential Property Residential Property Residential Property Non-Residential Property Residential Floor Area more than 4,000 SF 3,801 - 4,000 SF 3,601 - 3,800 SF 3,400 - 3,600 SF less than 3,400 SF NA Maximum Special Tax $5,555 per unit 5,325 per unit 5,151 per unit 4,896 per unit 4,410 per unit 19,813 per Acre (b) Multiple Land Use Classes. In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. Undeveloped Property, Taxable Public Property and Taxable Property Owner Association Property. (a) Maximum Special Tax. The Maximum Special Tax for Undeveloped Property, Taxable Public Property and Taxable Property Owner As~ociation Property shall be $21,216 pre Acre. Special Tax Buvdown. The Rate and Method provides for a Special Tax Buydown that can occur based upon a change in development plans after the sale of the Bonds. See "APPENDIX B - Rate and Method of Apportionment of Special Taxes - Special Tax Buydown." Method of Apportionment of the Special Tax. Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to the Maximum Special Tax for Taxable Property Owner Association Property; RVPUB\KSNOW\706629.1 19 9106 Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied proportionately on each Assessor's parcel of Taxable Public Property at up to the Maximum Special Tax for Taxable Public Property; Notwithstanding the above, the Council may, in any Fiscal Year, levy proportionately less than 100%'ofthe Maximum Special'Tax in step one (above),-when (i) the Council is no longer required to levy the Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement; and (ii) all authorized District Bonds have already been issued or the Council has covenanted that it will not issue any additional District Bonds (except refunding bonds) to be supported by the Special Tax. Further, notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within the District. Exemptions. No Special Tax shall be levied on up to 78.75 Acres of Public Property and/or Property Owner Association Property. Tax-exempt status will be irrevocably assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Property Owner Association Property its tax-exempt status will be revoked. Public Property or Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed proportionately as part of the Rate and Method, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property or Taxable Property Owner Association Property. Manner of Collection. The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. Prepayment of Special Tax. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in the District may only be prepaid after all authorized District Bonds have already been issued, or after the Council has covenanted that it will not issue any additional District Bonds (except refunding bonds) to be supported by Special Taxes levied under the Rate and Method of Apportionment. The manner in which the Special Tax may be prepaid is set forth in "Exhibit B - Rate and Method of Apportionment of Special Tax - Prepayment." Special Taxes for Project. The annual levy of Special Taxes at buildout of the proposed development within the District, which is anticipated to occur in 2010 is summarized on the basis of the anticipated floor plan of each lot. In addition, the Table 3 below also identifies the difference between Special Taxes levied for homes within Tracts 16226, 16226-1, 16226-2, 16227, 16227-1 and 16227-2. See "THE DISTRICT" for additional information. 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NMMM.q-"' _N~<<)-q- - - N <<) 00 <<) N '" --- '" 9 I:: r- ~ .51 1;~ci= ~:-=;"3~ '"".....",~ "'8"" ui:cl ~ C> \0 ...... lrl ...... 0\ II") l.r) .q-OO......II") -q-' .f' vl vl ~~~~ ...... V) l.r) l.r) V) V) II") V) ......V)V)V) ar)anar)ar) ~~GA-~ ~[J~D::!;~ ~[J~D~ ~ Q) .", bJl'l> Q),SO ~'c ~ 2~~ ~ .sin ("11 0 l.r)0 V)N......""'" ......-.::tr-...... M~M-.::t"' ......N("f')""'" - - -.i <<) -q- '" N '" --- '" ., 9 .. _ 0 l ~<'?~ 1;NO\""'i ~~~ ~ ~......"'t:j1l:S ~ 8.~ ~~ "'Ola\O ~~8 'S;: Iii ~ o.:i'" .... >>- ~.o;n -q-'l>o-q- ...... \0 ...... 0\ \0("11\00\ '" .f' -q-' .f' ......N("I")""'" :z .--: <<) ;! 00 -q- 'Q' ., ";l ~ ~ _r-"'~ S~o.g~ ~~~:; .... "- I:: ... c I:: ~ .. fl:::"'-l -....;. l"l .... III r-: ~ .... ~ III M M' 0\ -q- r-- aO oc => N ~ r- => ..,. ...... N -.0 o o N o - ..,. .... 06 r- .... ~ ~ "" .", Q) 'oj .", '" U 'g o 8 U ~ ~ .~ ~ >> .0 .", ~ ~ c..i. p. .E..s .s rjJ", .a ~e (/) '<:) E 8 @ g. .'" <~ ~ '0 Q) a Cl ~ bJl< ... .- U Q) ~coti~ ~ E~ :E :-g,~ ~ 8 ~~g.-g o 0 tf) tf) ;';O::.Eal ~ 6;:-N'r:1 (/) '-"'-"-- 0; N 'l> 'l> o ~ o z rJ ~ ~ ~. oc oc 06 ..,. M -; ... 1i~ ~-g .. ... " Cj/p2 Special Tax Revenue - Debt Service Coverage. For fiscal year 2006-07, for the March 1, 2007 payment only, and in each year thereafter, the annual Maximum Special Tax that may be levied on Taxable Property in the District, less administrative expenses, will be no less than 110% of the annual debt service expected to be due on the Bonds. Reserve Fund The Fiscal Agent Agreement requires that the Fiscal Agent establish and maintain a Reserve Fund for the Bonds in an amount equal to the Reserve Requirement. A portion of the Reserve Requirement attributable to the Escrow Bonds to the extent such amounts are required to be made under the Fiscal Agent Agreement will be held in the Escrow Fund until such times as moneys in the Escrow Fund are released. Upon the release of such proceeds, an amount equal to the Reserve Requirement for the Escrow Bonds shall be deposited in the Reserve Fund. Once such deposit has occurred, the amounts in the Reserve Fund represent the Reserve Requirement on all Bonds. See "THE BONDS - Escrow Bonds." Except as otherwise provided in the Fiscal Agent Agreement, all amounts deposited in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Bond Fund in the event of any deficiency at any time in the Bond Fund of the amount then required for payment of the principal of, and any interest and premium on, the Bonds. If Special Taxes for any property within the District are prepaid and Bonds are to be redeemed with the proceeds of such prepayment, a proportionate amount of the Reserve Fund will be applied to the redemption of such Bonds. The Reserve Requirement for the Bonds will be funded initially from the proceeds of the sale of the Bonds. See "Appendix C - Summary of The Fiscal Agent Agreement". Delinquent Special Taxes; Covenant To Foreclose Sale of Property for Nonpayment of Real Property Taxes. The Fiscal Agent Agreement provides that the Special Taxes are to be levied within the District and collected in the same manner as ordinary ad valorem property taxes are collected; provided, however, the Fiscal Agent Agreement further provides that the District may directly bill the Special Taxes or may collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. Except as provided in the special covenant for foreclosure described below and in the Act, the Special Taxes that are collected in the same manner as ordinary ad valorem property taxes are subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem property taxes. Under these procedures, if taxes are unpaid for a period of five years or more, the property is subject to sale by the County. Judicial Foreclosure Proceedings. Under Section 53356.1 of the Act, if any payment of the Special Tax for a taxable parcel is delinquent, the City may order the institution of a court action to foreclose the lien on the Taxable Parcel within specified time limits. In such an action, the real property subject to the unpaid amount may be sold at judicial foreclosure sale. The ability of the City to foreclose the lien of delinquent unpaid Special Taxes may be limited in certain instances and may require prior consent of the property owner if the property is owned by or in receivership of the Federal Deposit Insurance Corporation (the "FDIC"). See "BONDOWNERS' RISKS - Bankruptcy and Foreclosure Delays." Such judicial foreclosure action is not mandatory. However, the City has covenanted (the "Foreclosure Covenant") in the Fiscal Agent Agreement that on or before March 1 and June 1 of each Fiscal year, the City will review the public records of the County in connection with the Special Taxes levied in such Fiscal Year to determine the amount of Special Taxes actually collected in such Fiscal Year. If the City determines that (a) any RVPUB\KSNOW\706629.1 22 q(pj single parcel subject to the Special Taxes is delinquent in the payment of Special Taxes in the aggregate of $12,500 or more or (b) any single parcel or parcels under common ownership subject to the Special Taxes are delinquent in the payment of Special Taxes in the aggregate of $25,000 or more, the City shall, not later than 45 days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner. The City shall cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than 90 days after such deteimination against any parcel for which a 'notice of delinquency was given and for which the'Special Taxes remain delinquent. If the City determines that it has collected less than 90% of the Special Taxes levied in the such Fiscal Year, then the City shall, not later than 45 days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the owner of each delinquent parcel (regardless of the amount of such delinquency). The City will cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than 90 days after such determination against any parcel for which a notice of delinquency was given pursuant to this section and for which the Special Taxes remain delinquent. Subject to the maximum rates, the Rate and Method is designed to generate from all non-exempt property within the District the current year's debt service on the Bonds, administrative and other expenses, and replenishment of the Reserve Fund for the Bonds to the Reserve Requirement. However, if foreclosure proceedings are necessary, and the Reserve Fund has been depleted, there could be a delay in payments to Owners of the Bonds pending prosecution of the foreclosure proceedings and receipt by the District of the proceeds of the foreclosure sale. Priority of Lien. The Act specifies that the Special Taxes will have the same lien priority as ad valorem property taxes in the case of delinquency but does not further specify the priority relationship, if any, between the Special Taxes and other special taxes, assessments and ad valorem taxes on a taxed parcel. The District (and other jurisdictions) may levy additional special taxes to finance other infrastructure needed for the development of the property in the District. See "THE DISTRICT - Cumulative Tax, Assessment and Fee Burden on Property". If foreclosure proceedings were ever instituted, any holder of a mortgage or deed of trust on the affected property could, but would not be required to, advance the amount of the delinquent Special Tax payment to protect its security interest. Sufficiency of Foreclosure Sale Proceeds. No assurances can be given that a judicial foreclosure action, once commenced, will be completed or that it will be completed in a timely manner. See "BONDHOLDER'S RISKS - Bankruptcy and Foreclosure Delays." If a judgment of foreclosure and order of sale is obtained, the judgment creditor, i.e., the District or the City acting on behalf of the District, must cause a Notice of Levy to be issued. Under current law, a judgment debtor, i.e., the property owner, has 120 days for residential property (up to a fourplex) and 20 days for other property from the date of the service of the Notice of Levy and 20 days from the subsequent notice of sale in which to redeem the property to be sold. If a judgment debtor fails to so redeem and the property is sold, the former owner's only remedy is an action to set aside the sale, which must be brought within 90 days of the date of the sale. If, as a result of such action, a foreclosure sale is set aside, the judgment is revived and the judgment creditor is entitled to interest on the revived judgment as if the sale had not been made. The constitutionality of the aforementioned legislation, which repeals the former one-year redemption period, has not been tested; and there can be no assurance that, if tested, such legislation will be upheld. Any parcel subject to foreclosure sale must be sold at the minimum bid price unless a lesser minimum bid price is authorized by the Owners of 75% of the principal amount of the Bonds. No assurance can be given that the real property subject to sale or foreclosure will be sold or, if sold, that the proceeds of sale will be sufficient to pay any delinquent Special Tax installment. The Act does not require the City or the District to purchase or otherwise acquire any parcel of property offered for sale or subject to foreclosure if there is no other purchaser at such sale or if the bid of any prospective purchaser is less than the minimum bid price. RVPUB\KSNOW\706629.1 23 9fe'l If the Reserve Fund for the Bonds is depleted and delinquencies in the payment of Special Taxes exist, there could be a default or delay in payments to the owners of the affected Bonds pending prosecution of foreclosure proceedings and receipt by the District or the City of the foreclosure sale proceeds, if any. THE DISTRICT General Description and Location of the District The District. The District consists of approximately 250 gross acres of land, some of which is under development, located along the northeastern portion of the City comprised of Tracts 16226, 16226-1, 16226-2, 16227, 16227-1 and 16227-2. The District was formed by the City on September 15, 2004 under the Act following a public hearing held on such date. Following the formation of the District, the City conducted a special election at which the qualified electors of the District approved the levy of special taxes within the District and the issuance of bonds secured by such special taxes. Following the adoption of the resolutions, the City conducted a special election at which qualified electors of the District approved such amendments. Facilities to be Financed with the Bonds The proceeds of the Bonds are intended to provide financing for a portion of the cost of the acquisition and construction of the Facilities. Any costs of the Facilities not financed through the use of Bonds proceeds will be financed by the Developer. See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Project Financing - TABLE 11 - City of Rancho Cucamonga Community Facilities District No. 2004-01 Cash Flow Summary. " The cost of. the Facilities will include the costs of engineering, design, planning, permitting, and construction, coordination, together with other incidental costs. The following table summarizes the estimated costs of the Facilities as of May 31, 2006: TABLE 4 City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Estimated Facilities Costs Facilities Description Park and Equestrian Facilities Police and Fire Facilities Street, Water, Sewer and Utilities Flood control Facilities LMD No.7 Landscaping Cucamonga Valley Water District Facilities Inland Empire Utility Agency Facilities School Facilities County of San Bernardino-Open Space San Bernardino county Flood Control District Fees and Consultants Southern California Edison and Open Space TOTAL Estimated Cost $4,853,200 240,160 2,298,954 7,041,208 2,500,000 4,988,754 2,528,000 11 ,544,312 110,000 882,274 950,000 1.365.000 $39,301,862 Source: The Developer. RVPUB\KSNOW\706629.1 24. f(P-5 Absorption Study The Market Absorption Study dated January 16,2006, as updated on February 10,2006, for the District has been _prepared by Empire Economics, Inc., Capistrano Beach, California (the "Market Absorption Consultant"). A copy of the Market Absorption Study Surnrnary and Conclusions is included herein as Appendix H. The Market Absorption Consultant has estimated, based upon the analysis of relevant demographic and economic conditions in the San Bernardino area, the number and proportion of housing units and industrial development in the District that can be expected to be marketed annually using the estimated absorption schedules for each of the product types. The Market Absorption Study concludes that it will take four years for the final units to be constructed and sold to homeowners with final absorption occurring in 2010. The Market Absorption Study assumes that all required governmental approvals will be obtained, that there are no physical impediments to construction such as earthquakes and hazardous waste, that the public infrastructure necessary to develop will be provided in a timely manner, that the Developer will respond to market conditions with products that are competitively priced and have the features and amenities desired by purchasers, that the developers and their lenders have sufficient financial strength to fund adequately the projects and that they have sufficient cash flow reserves to supplement their cash flow positions in the event that adverse economic or market conditions occur. The actual absorption of units could be adversely affected if one or more of the foregoing assumptions is not realized. See "Appendix H - Absorption Study." Appraisal of Parcels An Appraisal was prepared by the Appraiser to ascertain the market value of the fee simple estate of the property in the District subject to the levy of the Special Taxes as of May 16,2006. The Appraisal was intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Surnrnary Appraisal Report, and with the California Debt and Investment Advisory Commission Appraisal Standards for Land Secured Financing. The Appraiser determined that as of February 15,2006, the property within the District was worth $198,725,000. The Appraisal is attached as Appendix A. The City and the District make no representation as to the accuracy or completeness of the Appraisal. Direct and Overlapping Debt The District is subject to existing authorized indebtedness payable from taxes and assessments that are authorized to be levied on property within the District. In addition, other public agencies may issue additional indebtedness at any time, without the consent or approval of the City or the District. The direct and overlapping indebtedness of the District, as of March 1, 2006, is shown in Table 5 below. The Bonds are secured by the Special Taxes which may include amounts realized upon foreclosure sale of delinquent parcels. Therefore, the ability of the District to meet debt service on the Bonds may depend on the ability of delinquent parcels to generate sufficient proceeds upon foreclosure sale to pay delinquent Special Taxes. RVPUB\KSNOW\706629.1 25 q(p~ TABLE 5 City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Estimated Direct and Overlapping Debt Summary Overlappinl! District(l) Chaffey Comm. College District G.O. Bonds Chaffey Joint Union HSD G.O. Bonds Metropolitan Water District G.O. Bonds 2005-2006 Total Levv $16,009,239 7,168,963 104,530,707 Amount of. Levy on Parcels in the District $1,020 787 181 Percent of Levy on Parcels in the District 0.0064% 0.0110% 0.0002% Total Debt Outstandinl!(2) $120,165,000 115,535,000 389,565,000 Total Overlapping Degt Plus: CFD No. 2004-01 Series 2006 Bonds 3) District Share . of Total Debt Outstandinl! $7,659 12,685 675 $21,019 $42.130.000 $42,151,019 Source: David Taussig and Associates, Inc.; County of San Bernardino Auditor/Controller's Office. (I) Includes ad valorem, general obligation, special taxes, and standby charges that support any type of outstanding debt. (2) As of March 1, 2006. (3) Preliminary, subject to change. Value to Lien Ratio Estimated Share of Direct and Overlapping Debt Table 6 below shows the allocation of bonded indebtedness secured by special tax liens to which the property in the District is subject, the value of such property as set forth in the Appraisal, and the ratio of property value to the bonded indebtedness allocated to such property. 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M N EA '00 - o - N '3 o E-< r--- N ~ '" N '" '" o ~ o z ~ gJ ~ ~ qb~ Cumulative Tax, Assessment and Fee Burden on Property In addition to paying the Special Tax, property owners within the District will be obligated to pay ad valorem property taxes and other existing and any additional special taxes, assessments, and fees (some of which secure other debt issued by the City and overlapping jurisdictions). Under the City's "Statement of Goals and Policies for the Use of the Mello-Roos Cornrnunity Facilities Act of 1982" (the "Goals and Policies") adopted' on July 21, 1999, projected special taxes, when added to the existing ad valorem property tax and other direct and overlapping debt for any parcel within a community facilities district, may not exceed 2% of the projected assessed value of each improved parcel within the district upon completion of improvements to the parcel. The District has determined that the projected tax, assessment and fee burden (including the Special Taxes) conforms to the requirements of the Goals and Policies. The following Sample Property Tax Bill generally includes long term obligations sold in the public credit markets by public agencies whose boundaries overlap the boundaries of the District in whole or in part. Such long term obligations generally are not payable from property taxes, assessment or special taxes on land in the District. In many cases long term obligations issued by a public agency are payable only from the general fund or other revenues of such public agency. Additional indebtedness could be authorized by other public agencies at any time. RVPUB\KSNOW\706629.1 28 qt9 ~ 0.. o I-< 0.. ,.s:::: u ~ 1=1 :..... I:<S ~ 1:a ~ e ~ ~ ~ on N ...... <r) ...... I:<S ~ < ~ ~ ~ I:<S E-< 1=1 ...... <Il S o ,.s:::: I-< <2 ...... ...... :B ~ +-' ~ g. 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'0;; '0;; g g ll" E- ~ ::::E::::E U U I::: 2- I>J)I>J)O 0 Il)...a I::: I::: ..<:: ..<:: S 0 Q 'P'Pg~~~~ ~~Oi '" ~E-'C .- .- ~ ~ '" U ~ ~~'Cl'Cl-<~i Il) Il) cc"l'i 0';;, ~~DD~g:~ - , 00 00 .... u ~ 'E a .- ..<::0 U 8 .s~ ] B V5 .~ ~ ::::E a QJ ~ g. U ~~ Qj I>J) a ..<:: u o .... .... u Il) E = '" {/) Il) a ~ ~ :B .~ "0 Il) a u ..9 Qj u lE o '" ..... ~ ~ ] () g .S U '" l::; 06 .g g,,~ "0 r--.... ;3 . <A I::: -< ~<...,'- 000 € .5 ~ g Il) ] S 'R g. E?>sli <uca<u- o:l 2 ~ Oil g~QJf3 rr,~~:a 'Cl"2>~ c.... "0 .... ~.g ~<8 8]~~ "0",.-<- a .~ "2 a1 gj; 0 'g. ~ ~ gUll) o u 0 ~ ~~~~ g.~ ~ ;;j ug.~E-~ o !:< 0 .... ..<::~Il)<8E- U>'~fJ'JC; a.o S B 'u ~"2e-~g, 'Cla8srr, o go.5 ~ "2 Dli~~~ .. >-';;j ".m g]...."g< -" rr, E \D \D ~~~OO ...... 0 0 I I ~ .- Cd V) If) .u e. .. 8 8 00"g<'l<'l ~~"o~~ "o....a>->- ~~~c;c; ooa-&l&l 'i:l::::E>~~ 1il~"O~1::: E-~~~~ "0 Il) Il) Il) Il) .;; gj ~ gj gj oo:l-<o:lo:l 0'1 N 0\ N \0 \0 o ~ o z rJ ~ I>-. ~. 4) U .... g.-......-...-....,.-.. ,^ - <'l M "<t \If ~ '-" '-" '-' '--" q 7tJ OWNERSIDP OF PROPERTY The information contained in this Official Statement regarding ownership of property in the District has been included because it is considered relevant to an informed evaluation of the Bonds. The inclusion in this Official Statement of information related to the property owners should not be construed to suggest that the Bonds, or the Special Taxes that will be used to pay debt service on the Bonds, are recourse obligations of any property owner in the District. A property owner may sell or otherwise dispose ofiand within the District or a development at any time. As the proposed land development progresses and parcels are sold, it is expected that the ownership of the land within the District will become more diversified. No assurance can be given that the proposed development of the land within the District will occur, or that it will occur in a timely manner or in the configuration or intensity described in this Official Statement, or that each property owner will retain ownership of any of the undeveloped land within the District. The Bonds and the Special Taxes are not personal obligations of landowners and, in the event that the landowner or any subsequent landowner defaults in the payment of the Special Taxes, the District may proceed with judicial foreclosure but has no direct recourse to the assets of the landowner or any subsequent landowner. As a result, other than as provided herein, no financial stat{!ments or information is, or will be, provided about the landowners. The Bonds are secured solely by the Special Taxes and other amounts pledged under the Fiscal Agent Agreement. Unless otherwise indicated, the information about the property owners in the District contained in this Official Statement has been provided by representatives each of the land owners. The information has been provided by sources that are believed by the Underwriter, the District and the City to be reliable, but has not been independently confirmed or verified by either the Underwriter, the District or the City. No representation is made by the Underwriter, the District or the City as to the accuracy or adequacy of such information or as to the absence of material adverse changes in such information subsequent to the date of this Official Statement, or that the information given below or incorporated herein by reference is correct as of any time subsequent to its date. The Developer. Ms. Chin Yun Yeh Chuang, a citizen and resident of Taiwan, owned all of the property within the District at the time of District formation. Ms. Chuang is represented on property ownership issues by JTY Investment, LLC. JTY Investment, LLC is managed by Bin Fen Cheng who has 20 years of real estate transaction experience. The property owner retained BCA Development, Inc. in September of 2000 to design and obtain development entitlements for Rancho Etiwanda Estates. In September of 2004, Ms. Chuang and JTY Investment, LLC retained BCA Development, Inc. ("BCA Development") as the master developer for all of Ms. Chuang's property in the District. . BCA Development. Inc. BCA Development, Inc. was founded in July 2000 to pursue land development and building opportunities throughout Southern California. Ben C. Anderson is the president of BCA Development, Inc. The following is a brief professional resume of Ben C. Anderson and the development experience ofBCA Development, Inc.: Mr. Anderson began his career with The Estes Company in Tucson, Arizona in 1985. While with the Estes Company, from 1985 through 1989, Mr. Anderson was responsible for the development of master planned communities including Midvale Park, La Reserve, Ventana Canyon and Rocking K Ranch in Tucson, Arizona. He relocated to California in 1989 to join KB Home's Inland Empire and Antelope Valley Divisions and was named General Manager of KB Home's Pacific Inland Division in 1992. While at KB Home, Mr. Anderson was involved in the design, entitlement and construction of 8,000 lots in the Antelope Valley. He joined SunCal Companies from 1996 to 2000 as Senior Vice President and was responsible for the acquisition, entitlement, construction and marketing for master planned residential projects in cities of Rancho Cucamonga, Fontana, Highland, Lorna Linda, Lake Elsinore, Los Angeles and San Bernardino Counties, encompassing over 2,000 lots. In September of 2000, BCA Development began the redesign and entitlement of Rancho Etiwanda Estates with the City of Rancho Cucamonga and the County of San Bernardino. RVPUB\KSNOW\706629.1 30 q7/ From 2001 to 2004, BCA Development redesigned, entitled, constructed, marketed and completed its first single family neighborhood called Falcon Pointe at Hunter's Ridge featuring 142 homes located in the City of Fontana. From 2003 to 2004, BCA Development entitled and marketed Tract 29868 including 237 lots for Top Capital, LLC in the City of Corona. Throughout Mr. Anderson's professional career, his responsibilities have included a variety of homebuilding projects and land development projects offering him the opportunity to experience homebuilding from every aspect. Pro Forma. The following shows the Developer's pro forma cash flow summary and projected land sales within the District. TABLE 8 BCA Development, Inc. Summary of Cash Flows For Fiscal Years 2004 through 2007 as of May 18, 2006 Inception to Actual ProForma ProForma ProForma 2004 2005 2006 2007 Totals Revenues Land Residual Total (1) 56,516,070 136,708,088 193,224,158 Add: Other Revenue (2) 7,000,000 21.000,000 Total Project Revenue 56,516,070 153,708,088 214,224,158 Expenses Land, Entitlement and Other 25,000,000 25,000,000 Development Costs 15,000,000 23,000,000 20,092,459 58,092,459 Legal, Property Taxes, Other 250,000 150,000 250,000 100,000 750,000 Financing Costs 200.000 200,000 Total Expenses 25,250,000 15,350,000 23,250,000 20,192,459 84,042,459 Cash Flow Before Financing (25,250,000) 41,166,070 130,458,088 (20,192,459) 126,181,699 Equity Investment 20,250,000 20,250,000 Equity Repayments (20,250,000) (20,250,000) Line of Credit Advances 26,500,000 26,500,000 Line of Credit Repayments (26,500,000) (26,500,000) Total Financing Cash Flow 46,750,000 (26,500,000) (20,250,000) Total Project Cash Flow 21,500,000 14,666,070 110,208,088 (20,192,459) 130,181,699 (1) Net of Development Fees and certain School, Water, Sewer, County and City Fees payable from the District. (2) Other revenues include amounts received from the sale of certain facilities to the District and interest income. Source: BCA Development. RVPUB\KSNOW\706629.1 31 012 Current Ownership Status. The ownership of the property with the District as of May 19, 2006, is shown in Table 9: TABLE 9 City of Rancho Cucamonga, Community Facilities District No. 2004-01 . (Rancho Etiwanda Estates) Summary of Property Ownership As of May 1, 2006 Tract No. 16226(1) 16226-1 (2) 16226-2(3) 16227 16227 -1 16227-2 Owner Rancho Estates at Etiwanda/ AF 37, LLC Regent Land Investment, LLC Chin Yun Yeh Chuang LoLand Assets, LLC(4) SCC-Canyon II, LLC(5) Chin Yun Yeh Chuang(6) Use Residential Residential Residential Residential Residential Residential Units 70 97 95 111 145 114 Expected Lot Size 7,500 12,300 13,000 12,600 8,500 13 ,000 (1) Tract 16226 was purchased by Rancho Estates at Etiwanda/AF 37, LLC from the Developer on May 3, 2006. See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Van Daele Homes - Tract 16226." (2) Regent Land Investment, LLC is acting as land banker for K. Hovnanian Forecast Homes which will be . responsible for the construction and development of Tract 16226-1. See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Regent Land Investment, LLC - Tract 16226-1." (3) To be marketed during the third quarter of2006. (4) LoLand Assets, LLC is acting as land banker for K. Hovnanian at Sage, LLC which will be responsible for the construction and development of Tract 16227. See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - K. Hovnanian at Sage LLC - Tract 16227." (5) SCC Canyon, LLC is acting as land banker for Meritage Homes of California, Inc. which is responsible for the construction and development of Tract 16227-1. See "PROPOSED DEVELOPMENT WITHIN niE DISTRICT - Meritage Homes of California - Tract 16227-1." (6) Tract 16227-2 in escrow to Lennar Homes, closing date is August 3,2006. See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Lennar Homes of California, Inc. - Tract 16227-2." PROPOSED DEVELOPMENT WITIDN THE DISTRICT The following information regarding the approvals for and the planned development within the District has been provided by the property owners. Such information provided in this section has been included because it may be considered relevant to an informed evaluation and analysis of the Bonds and the District. However, no assurance is or can be given that development within the District therein will occur at all, will occur in a timely manner, or will occur as anticipated and described below. The City and the District make no representation as to the accuracy or adequacy of such information or the financial resources of the property owners. Project Approvals, Permits and Master Infrastructure Status BCA Development is responsible for (1) obtaining all governmental approvals and permits to develop the property within the District and (2) all mass grading and master infrastructure improvements within the District. RVPUB\KSNOW\706629.1 32 Q'7:3 Proiect Approval All master infrastructure plans with the exception oflandscaping have been obtained as follows: On July 18,2001, the City of Rancho Cucamonga, by Ordinance No. 666, affirmed the Environmental Impact Report as certified by the County of San Bernardino and certified Supplemental Environmental Impact Report (SEIR) and Statement of Overriding Considerations, and approved Development Agreement No. 01-01, a Development Agreement. On July 18,2001, the City of Rancho Cucamonga by Ordinance No. 667, affirmed the Environmental Impact Report as certified by the County of San Bernardino and certified Supplemental Environmental Impact Report (SEIR) and Statement of Overriding Considerations, and approved Etiwanda North Specific Plan Amendment 01-02. On January 16, 2002, Annexation was approved by Local Agency Formation Commission of San Bernardino County Resolution No. 2229 Annexation No. 01-01 (Rancho Etiwanda Estates). On July 24, 2002, the City of Rancho Cucamonga, by Resolution No. 02-78, approved Tentative Tract Maps Nos. 16226 and 16227. The final maps for Tract Nos. 16227 and 16227-1 were recorded on October 5, 2005. The final map for Tract No. 12662-1 was recorded on May 6, 2006. The City Council approved the final map for Tract 16226 on May 17, 2006. BCA Development anticipates recordation of such map by June 15, 2006. The final map for Tract 16227-2 is anticipated to record in July 2006 and for Tract 16226-2 in the fourth quarter of 2006. Conditions of Development - FEMA As with all development projects, the project approvals discussed above are subject to certain conditions imposed by the City. Most of these conditions involve undertakings and agreements on the part of the property owner that are monitored by the City. One of the conditions to the development of the property and the occupancy of finished homes by purchasers involves certain approvals by the Federal Emergency Management Agency ("FEMA"). FEMA publishes maps called Flood Insurance Rate Maps ("FIRMs"). FIRMs show areas in a particular community that have a 1% or greater chance of flooding in any given year. Most FIRMs show certain rate zones that receive a letter rating based upon flood risk. The FIRM in which the property in the District is located shows that 225 lots located in Tracts 16227 and 16227-2 are located in "Zone D." Zone D is an area where the flood hazard is undetermined. One of the City conditions to developing the property within the District is that the property be reclassified as Zone X (Zone X properties are areas of moderate or minimal hazards). To reclassify the property to Zone X, the property owner must make certain flood control improvements which must be preliminarily approved by FEMA pursuant to a Conditional Letter of Map Revision ("CLOMR"). Upon receipt of the CLOMR, the City may grant building permits to construct the Flood Control improvements within the District. A CLOMR for the project was obtained from FEMA on January 14,2005. Following completion of the flood control improvements, the property may be reclassified to Zone X upon approval of the completed improvements by FEMA pursuant to the issuance of a Letter of Map Revision ("LOMR"). The City requires that the property owner receive a LOMR before issuing certificates of occupancy. The property owners within the District believe a LOMR for Tracts 16227 and 16227-2 will be obtained on or about October 1, 2006. However, there can be no guaranty that FEMA will provide the LOMR on or prior to such date. It is possible that FEMA may require additional studies or other work before issuing the LOMR. Neither the City nor any of the property owners can predict when FEMA will deliver the LOMR. Until a LOMR is received there can be no occupancy of the homes constructed within Tracts 16227 and 16227-1. Special Taxes shall be levied within the entire District and property owners will be required to pay Special Taxes when due. See "RISK FACTORS - Land Values and Development." RVPUB\KSNOW\706629.1 33 911 A portion of the Bonds, in the principal amount of $15,550,000* will be held in escrow until the Fiscal Agent has received a copy of the LOMR executed by FEMA. Upon such release, the property owners may obtain certificates of occupancy and proceed with the closing of homes on all 225 lots located within Tracts 16227 and 16227-1. Only one release and transfer of moneys on deposit in the Escrow Fund will be permitted pursuant to the Fiscal Agent Agreement. See "THE BONDS - The Escrow Bonds." If the LOMR is not released prior to January 1,2009, the Escrow Bonds will be subject to mandatory redemption on March 1, 2009. See "THE BONDS - Extraordinary Mandatory Redemption of Escrow Bonds." Settlement Agreement On August 17, 2001, the Spirit of Sage, an unincorporated non-profit association ("Spirit of the Sage") filed a lawsuit against the City of Rancho Cucamonga and A&J Resources, Inc. (the owner of the property within the District at the time) claiming that the City approvals of the development within the District were invalid for not complying with the California Environmental Quality Act. On April 18, 2002, Spirit of the Sage, the City and A&J Resources, Inc. entered into a Settlement Agreement to settle the lawsuit. Under the terms of the Settlement Agreement, an off-site natural open space parcel of 174 acres was identified for off-site mitigation, acquired by A&J Resources Inc. and transferred to the Habitat Trust for Wildlife, a California public benefit 501(C)(3). In addition, the City agreed to collect $500 per lot within the District at the time building permits are issued and transfer such funds quarterly to the Habitat for Trust for Wildlife. Additional conservation and funding was identified in the amount of $125,000. The payments have been made by A&J Resources, Inc. for the purpose of conserving and preserving certain property. Permits and Geotechnical Report 401 Permit. The California Regional Water Quality Control Board certified an application for water quality standards pursuant to Section 401 of the Clean Water Act by letter dated December 15,2003. 404 Army Corps of Engineers Permit. The United States Army Corps of Engineers has reviewed the project application for development within the District under number 200201392-RRS and has approved the application for such development under Nation Wide Permit Number 39. Streambed Alteration. The project application was submitted to the California Department of Fish and Game ("Fish and Game") on November 6, 2002. Fish and Game issued a 1603 Permit on June 12,2003. San Bernardino County Flood Control District. On October 13, 2005, the San Bernardino County Flood Control District issued a permit authorizing the construction of certain drainage improvements necessary to proceed with the proposed development within the District. Geotechnical Report. Leighton and Associates was engaged by the Developer to complete a geotechnical investigation of the property within the District. On June 5, 2003, Leighton and Associates delivered its report describing the site condition, results of their field exploration and laboratory testing, conclusions and recommendations. Based upon the specific data and information contained in its report, Leighton and Associates found in their professional opinion that the proposed development is geologically and geotechnically feasible subject to implementation of the recommendations contained in such report. The geotechnical report states that although the District is not located within the boundaries of a state established Earthquake Fault Study Zone, a fault named the Powerline Fault has been mapped in the northwest portion of the District. According to the Geotechnical and Fault Investigation Report for the Proposed Reservoirs Site, North of Tracts 16226 and 16227 Rancho Etiwanda Estates, the Powerline Fault was previously investigated and found to be inactive. Several other faults are in the area. The Cucamonga fault zone is located within .62 miles of the District. The San Andreas fault zone is located approximately 17 miles from the District. The San Jacinto fault zone is approximately 4.97 miles from the District. All properties in California are subject to some degree of seismic risk. RVPUB\KSNOW\706629.1 34 0;15> Master Infrastructure Status and Financing Rough grading of all tracts at a total cost of $10,000,000 has been completed and 100 percent of the property has been graded to blue top condition. Master streets and wet and dry utilities (outside of tracts) are anticipated to be constructed by BCA Development by December 2006 at an additional estimated cost of $5,000,000. The off-site infrastructure includes street improvements to be completed at Day Creek boulevard and Etiwanda Avenue, water, sewer, stormdrain; dry utilities and landscape improvements. Set forth below in the table are the estimated costs of the public infrastructure for the entire project. Land Residual Proceeds (1): Add: Other Revenue (2) Net Proceeds: Costs: Land Purchase, Entitlement and Other Costs Grading and Erosion Control Storm Drain Improvements Sewer Improvements Water Improvements Street Improvements Utilities Theme Walls Project Entries Landscaping City - Fees, Assessments, Bonds City - Facilities CVWD - Fees, Assessments~ Bonds CVWD - Meter / Services CVWD - Sewer Capacity Fees CVWD - Water Capacity Fees CVWD - Facilities CVWD - IEUA Fees Etiwanda School District Fees Chaffey Joint Union High School District Fees County of San Bernardino Fees Consultants Reproduction Legal Property Taxes Insurance Master Marketing Program General/Administrative Financing Contingency Total Cost Project Profit TABLE 10 Development Proforma Revenue and Cost Analysis (Estimated as of February 21, 2006) $ $ 193,224,158 . 21,000,000 210,224,158 $ $ 20,000,000 9,661,558 8,181,258 890,027 505,091 2,331,425 1,062,500 850,000 700,000 2,629,960 550,000 5,093,360 100,000 600,000 783,048 2,178,496 1,369,517 2,528,000 8,850,248 2,696,676 992,274 1,598,420 500,000 3-50,000 400,000 500,000 100,000 5,000,000 200,000 2,840,601 84,042,459 130,181,699 (1) Net of Development Fees and CFD 2004-01 Financed School, Water, Sewer, County and City Fees. (2) Other revenues include amounts received from the sale of certain facilities to the District and interest income. Source: BCA Development, Inc. RVPUB\KSNOW\706629.1 35 910 Rancho Estates at Etiwanda/AF 37, LLC - Tract 16226 The property within Tract 16226 is currently owned by Rancho Estates at Etiwanda/AF 37, LLC ("Rancho Estates"). Van Daele Cornrnunities, LLC ("Van Daele") is the managing member of Rancho Estates. Van Daele. The managing member of Van Daele is Van Daele Development Corporation ("VDDc"). VDDC was .formed in 1987 and had delivered approximately 10,456 single family homes within Riverside, San Bernardino and Orange Counties. Additional information about VDDC is provided at www.vandaele.com. The information contained on the such website is not considered part of this official statement. No assurances can be given regarding the accuracy of the information contained in the website. Key personnel within VDDC include Michael B. Van Daele, Patrick J. Van Daele, Jeffrey N. Hack. Briefbiographies of such individuals are provided below. Michael B. Van Daele. Chairman. Michael B. Van Daele currently serves as Chairman ofVDDC. Mr. Van Daele began his career at Concordia Development Corporation in 1978, becoming a 50% owner of the firm in 1980. While an owner at Concordia, Mr. Van Daele developed 2,500 housing units as well as a 36,000 square foot medical center. In March of 1987, Mr. Van Daele sold his 50% interest in Concordia in order to form VDDC. Since that time, he has developed a management team that has delivered approximately 10,456 single family homes in the Riverside, San Bernardino and Orange County area. In addition, since 1980, Mr. Van Daele has built and developed land for nearly 15,000 homes and apartments. Presently, VDDC has more than 1,400 multifamily units in various stages of development that are scheduled to be completed in 2006-2007. Patrick J. Van Daele. CEO/President/Chief Operating Officer. Patrick J. Van Daele serves as CEO/President/Chief Operating Officer of VDDC and has been with the Company since its inception. Mr. Van Daele has directed the construction and sale of over 13,000 homes. As President, Mr. Van Daele is primarily responsible for direction of the company's project management field operations, purchasing, customer service and sales & marketing departments. In addition to directing the company's operations, Mr. Van Daele is involved in the development and implementation of corporate goals through land acquisition, entitlement processing and corporate business strategy and administration. Mr. Van Daele maintains an ownership interest in the company, and serves on the board of directors. Jeffrev M. Hack. Executive Vice President and Chief Financial Officer. Jeffrey M. Hack serves as Executive Vice President & Chief Financial Officer of VDDC and President of Van Daele Apartment Cornrnunities. Mr. Hack joined Van Daele Development Corporation in early 1991 as the Financial Analyst/Treasurer to manage the project feasibility, financial reporting, financial analyses, cash management and loan processing/administration functions of VDDC. Mr. Hack was promoted to Chief Financial Officer in August 1993 and Executive Vice President in 1994 where he took on the additional responsibilities of accounting, financial reporting, project financing lender relationships and joint venture administration. Mr. Hack assumed the position of President of Van Daele Apartment Cornrnunities at its inception in 2001. Mr. Hack also serves on the firm's board of directors. Planned Development. Rancho Estates plans to construct 70 detached single family homes on approximately 24.228 acres within Tract 16226. The homes will be built and marketed in four separate plans ranging from 2,613 to 4,220 square feet and from $770,000 to $900,000's. As of May 1, 2006, in-tract underground utilities had not commenced. Rancho Estates anticipates installation of such utilities to cornrnence during the third quarter of 2006. Rancho Estates expects to begin constructing homes in the first quarter of2007, with escrows beginning closing July 2007. Financing. Rancho Estates expects that the aggregate acquisition and construction costs of its project will cost approximately $52,000,000. Rancho Estates anticipates financing the costs of the project with a model loan in the amount of $3,156,800, an acquisition and delivery loan in the amount of $5,840,763 and a RVPUB\KSNOW\706629.1 36 911 construction loan for 45 lots in the amount of $32,232,212, all of which are issued by Union Bank of California. It is anticipated that financing for the remaining 25 lots will be secured from Union Bank of California. Pro Forma. The following shows Lennar's pro forma cash flow summary and projected home sales of its project within the District. TABLE 11 Rancho Estates at Etiwanda Summary of Cash Flows For Calendar Years 2006 to 2008 as of March 1, 2006 Proforma Pro Forma Pro Forma Pro Forma through 2006 2007 2008 Totals Proiected Closings 0 40 30 70 Sources Loan Proceeds $21,194,000 $19,549,000 $8,016,000 $48,759,000 Builder Sources/Net Proceeds 3,300,000 0 0 3,300,000 Total Sources $24,494,000 $19,549,000 $8,016,000 $52,059,000 Uses Land Acquisition/Development $22,565,000 $3,000,000 $523,000 $26,088,000 Direct Development Costs 300,00 11,596,000 4,856,000 16,752,000 Indirect Development Costs 1.629,000 4,953.000 2,637,000 9.219,000 Total Development Costs $24,494,000 $19,549,000 $8,016,000 $52,059,000 (1) Land Acquisition/Development includes cost ofland, offsite & intract construction (grading, street improvements, underground utilities, walls, etc.), fees, and common area landscaping. (2) Direct Development includes direct construction and model construction costs. (3) Indirect Development includes advertising & marketing, model maintenance, property taxes, warranty/insurance/ overhead, interest & finance, and other administrative costs. Source: Rancho Estates. Regent Land Investment, LLC - Tract 16226-1 The property within Tract No. 16226-1 is currently owned by Regent Land Investments LLC, a limited liability company ("Regent"). K. Hovnanian Forecast Homes, Inc. ("Forecast Homes") entered into a Purchase Agreement and Escrow Instructions dated March 15, 2006, (the "Purchase Contract") with Ms. Chuang to acquire Tract 16226-1. Forecast Homes assigned its rights under the Purchase Contract to Regent on April 25, 2006. On May 16,2006 Regent and Forecast Homes entered into an option agreement (the "Option Agreement") under which Regent agreed to sell individual lots to Forecast Homes over time upon the satisfaction of certain terms and conditions. On May 18, 2006, ownership of Tract 16226 was transferred from Ms. Chuang to Rancho Properties, LLC ("Rancho"). Forecast Homes and Regent also entered into a construction agreement dated May 16,2006, (the "Construction Agreement") under which Forecast Homes has agreed to construct 97 single family homes within Tract 16226-1. Plan of Development. The Purchase Contract. Under the Purchase Contract, Ms. Chuang agreed to sell all 97 lots within Tract 16226-1 to Forecast Homes. Regent, as assignee of Forecast Homes, took title to all 97 lots on May 19,2006. [Regent provides landbanking and capital to homebuilders. Regent reported total assets of $_ million on its audited financial statements for the year ended . Regent also has represented to the District that it is capitalized with $_ million in equity from institutional investors and $_ million in available debt from various banks.] RVPUB\KSNOW\706629.1 37 91~ The Option Agreement. This agreement gives Forecast Homes an option to purchase the 97 lots from Regent in phases of 7-9 lots corresponding to construction phases. These phases are anticipated to start in November of 2006 with the final phase being purchased for construction in December of 2007. The Construction Agreement. As Regent is the legal owner of the 97 lots until each phase of the Option agreement is exercised, the Construction Agreement is a contract that hires Forecast Homes to complete the site development improvements to a finished lot state. Regent will pay for the site development based on a fixed fee, any over runs will be paid by Forecast Homes, and has incorporated these costs into the purchase price to Forecast Homes in the Option Agreement. Forecast Homes. Forecast Homes is an affiliate ofK. Hovnanian Enterprises, Inc. ("KHE"). Additional information about KHE can be found in the section entitled "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - K. Hovnanian at Sage LLC - Tract 16227." Key personnel of Forecast Homes include Jim Perry and Darren Bolton. Briefbiographies of such individuals are presented below. Jim Perry. President of North Division. Mr. Perry is the North Division President of K. Hovnanian Forecast Homes, Inc. Inland Region. Mr. Perry has over 20 years of construction experience. as head of the North Division, he and his group have been responsible for the construction and sale of over 3,000 homes in southern California. Darren Bolton, Vice President of Construction of the North Division. Mr. Bolton is the Vice President of Construction for the North Division of K. Hovnanian Forecast Homes, Inc., Inland Region. Mr. Bolton has 15+ years of construction experience. Planned, Development. Forecast Homes plans to construct 97 single-family detached homes on approximately _ acres within Tract 16226-1. These homes will have four different floor plans and will range in size from 3,050 to 3,990 square feet and in price from $819,990 to $919,990. As of May 1, 2006, on-site utilities were under construction and sewer and storm drain improvements were under construction. Forecast Homes anticipates that home construction will commence as of November 27, 2006, that all homes will be completed as of May 30, 2008, and that closings will commence by June 29, 2007. Financing. Forecast Homes expects to finance 100% of site improvement costs through Regent and internal funding. The land, site development and fees will be paid by Regent. All direct construction will be paid by Forecast Homes. RVPUB\KSNOW\706629.1 38 CJ79 Pro Forma. The following shows Forecast Homes' pro forma cash flow summary and projected home sales of its project within the District. TABLE 12 Forecast Homes Pro Forma - Summary of Cash Flows as of May 1,2006 Project Absorption 2006 2007 2008 Totals Starts 11 86 0 97 Sales 14 69 14 97 Closings 0 60 37 97 Cashflow Statement Cash Receipts from Operations Base Sales Revenues $0 $53,487,235 $32,983,795 $86,471,030 Customer Option Revenues 0 2,100,000 1,295,000 3,395,000 Lot Premiums 0 900,000 555,000 1,455,000 Other Income 0 0 0 0 Total Cash Receipts $0 $56,487,235 $34,833,795 $91,321,030 Cash Disbursements for Operations Land Acquisition Costs $4,716,608 $36,836,208 $0 $41,552,816 Building Permit & School Fees 30,701 240,026 0 270,728 Hard Costs (w/o Permits/Fees) 88,742 22,362,940 6,241,508 28,693,190 Production Overhead Costs 195,000 780,000 325,000 1,300,000 Finance Costs 139,076 2,529,502 550,830 3,219,408 Sales Center Costs 225,000 325,000 50,000 600,000 Taxes/Insurance/Other 76,750 98,800 10,550 186,100 Warranty Provision 0 299,382 184,619 484,001 Closing Costs 0 282,436 174,169 456,605 Commissions 0 706,090 435,422 1,141,513 Customer Incentives 0 299,382 184,619 484,001 Selling Expenses 66,900 267,600 111,500 446,000 Advertising & Promotion Expenses 45,750 183,000 76,250 305,000 Other Expenses 0 2.584.641 1.593,862 4.178.503 Total Cash Operating Disbursements $5,584,527 $67,795,009 $9,938,330 $83,317,865 Cumulative Operating Cashflow (Deficit) ($5,584,527) ($16,892,300) ($16,892,300) $8,003,165 Source: Forecast Homes. K. Hovnanian at Sage, LLC- Tract 16227 The real property located within Tract 16227 is comprised of 111 lots (the "Option Property") of which 98 lots are currently owned by Lo Land Assets, LP, a Delaware limited liability company ("Lo Land") and the remaining 13 lots are owned by K. Hovnanian at Sage, LLC ("KHS"). Prior to Lo Land's acquisition of the Option Property, K. Hovnanian Companies of Southern California, Inc, a California corporation ("KHCSC"), and the Developer had entered into an Option Agreement and Escrow Instructions dated July 29, 2005 (the "Chuang Option Agreement"), whereby KHCSC would acquire from Chuang the Option Property in two separate takedowns. KHCSC assigned its right, title and interest under the Chuang Option Agreement to K. Hovnanian at Rancho Etiwanda, LLC, a California limited liability company ("KHRE"), pursuant to an Assignment and Assumption Agreement dated September 2, 2005 ("Assignment"). Subsequent to the Assignment, KHRE and Lo Land entered into an Option Agreement dated September 29, 2005 (the "Lo Land Option Agreement"), and, concurrently therewith, KHRE assigned its right, title and interest under the Chuang Option Agreement to Lo Land pursuant to that certain Nomination Agreement dated September 29, 2005 ("Nomination Agreement"). After the execution of the Lo Land Option Agreement and the Nomination RVPUB\KSNOW\706629.1 39 1ct6 Agreement, on November 17,2005, KHRE effected a name change with the Secretary of State for the State of California whereby KHRE was changed to KHS. Pursuant to the Lo Land Option Agreement, Lo Land agreed to sell the Option Property in 12 separate takedowns to KHS upon the satisfaction of certain terms and conditions. Also, Lo Land and an affiliate of KHS, K. Hovnanian Companies of California, Inc, a California corporation ("KHCOC"), entered into the Construction Agreement dated September 29, 2005 ("Construction Agreement"), whereby KHCOC agreed to construct certain offsite and onsite improvements adjacent to and within the Option Property. After the completion of such improvements by KHCOC, KHS is required to acquire the Option Property from Lo Land. KHS plans to construct 111 detached single-family homes within the Option Property. Plan of Development. The Chuang Option Agreement. Under the Chuang Option Agreement, Chuang agreed to sell the Option Property to KHS in two separate take downs comprised of 50 lots and 61 lots, respectively. Lo Land, as assignee ofKHS has acquired title to all of the Option Property. As of May 18,2006, KHS had purchased 13 lots from LoLand. KHS is scheduled to acquire another 10 lots from Lo Land on or about June 1, 2006. Pursuant to the Lo Land Option Agreement and the Construction Agreement (each described below), KHCOC will construct certain offsite and onsite improvements adjacent to and within the Option Property and thereafter KHS will acquire the Option Property on a pre-determined schedule that, exclusive of any exercised option extensions, began in March 2006 and ends in December 2007. KHS (in conjunction with KHCOC), and not Lo Land, will construct all 111 single family homes and provide the related financing for such single family homes. The. Lo Land Option Agreement. Under the Lo Land Option Agreement, Lo Land has granted KHS the right, but not the obligation, to purchase all 111 lots comprising the Option Property. The term of the Lo Land Option Agreement will expire no later than December 31, 2007; provided, however, that such term may be shortened pursuant to certain conditions. In accordance with the provisions of the Lo Land Option Agreement, KHS has posted a letter of credit issued by Bank of America on September 28, 2005, to secure its obligations under the Lo Land Option Agreement ("Letter of Credit"). The amount of the Letter of Credit is $7,462,104. In the event that KHS defaults under the Lo Land Option Agreement, Lo Land may draw on the Letter of Credit. As of May 18, 2006, KHS had acquired from Lo Land, pursuant to the Lo Land Option Agreement, title to 13 lots located within the Option Property for the purposes of constructing model homes and residences for sale to individual homeowners. In the event that KHS fails to exercise any of its options under the Lo Land Option Agreement, Lo Land has the right but not the obligation to develop the Option Property. In such event, Lo Land would have the right to contract with another merchant builder to effectuate the development of the Option Property as described herein. The Construction Agreement. Under the Construction Agreement, KHCOC has agreed to undertake the construction of offsite and onsite improvements adjacent to and within the Option Property. Pursuant to the Construction Agreement, Lo Land will reimburse KHCOC for all costs associated with such construction in an amount not to exceed $6,038,000 ("Reimbursements"). The Reimbursements will be drawn from funds available to Lo Land from existing lines of credit or from available equity. See "Lo Land" below. In the event that KHCOC defaults under the Construction Agreement, Lo Land may (a) cause any such default to be cured at its sole expense and deduct such expense from the Reimbursements or (b) either (i) terminate the Construction Agreement or (ii) terminate the Lo Land Option Agreement. Except as set forth in the Chuang Option Agreement, neither Lo Land nor any entity affiliated with Lo Land has any obligation to advance any funds for the development of the Option Property. Lo Land. Lo Land is a Delaware limited partnership. The general partner of Lo Land is LE Land Assets, LLC and the sole member of LE Land Assets is Lowe Enterprises Residential Investors, LLC ("LERI"). The majority member of LERI is Los Angeles County Retirement Association and the managing member of LERI is Lowe Enterprises Residential Advisors, LLC ("LERA"). LERA is a real estate investment company RVPUB\KSNOW\706629.1 40 qg/ that currently manages an approximately $300 million revolving investment fund which provides messanine financing, equity funds and land banking for residential land development and home construction. Additional information on Lo Land may be obtained at httl://www.loweadvisors.com/home.htm. The information contained in this website is not considered a part of this Official Statement. No assurances can be made as to the information contained on such website. K. Hovnanian: The sole member of. KHS is K. Hovnanian Developments of California, Inc., a California corporation, which is a wholly-owned subsidiary of Hovn::mian Enterprises, Inc. (KHE). KHE consists of two operating groups, homebuilding and financial services, and is one of the nation's largest builders of residential homes. KHE designs, constructs, markets and sells single-family detached homes, condominiums (both attached and detached single-family homes), mid-rise and high-rise condominiums, urban in-fill as well as active adult attached and detached homes in master planned communities. Originally founded in 1959 by Kevork Hovnanian, KHE was incorporated in New Jersey in 1967 and reincorporated in Delaware in 1983. Since the incorporation of its predecessor company, KHE has delivered in excess of 185,000 homes, including 14,586 homes for the 2004 fiscal year. As of the 2004 fiscal year, KHE built and marketed homes for sale in five regions (Northeast, Southeast, Southwest, West and Other) comprising 275 communities located within 13 states throughout the United States. KHE primarily builds and markets homes for first-time and second-time move-up buyers, luxury buyers and active adult buyers. KHE offers a variety of home styles at base prices ranging from $46,000 to $1,350,000 with an average sales price, including options, of $280,000 for the 2004 fiscal year. Additional information about KHE is provided at www.khov.com. Periodic and current reports about KHE, including any amendments, and which are filed or furnished pursuant to Sections 13(a) or 15(d) of the Securities Exchange Act of 1934, are available free of charge on KHE's website as soon as reasonably practicable after such reports are electronically filed with the Securities and Exchange Commission. The information contained on KHE's website is not considered a part of this Official Statement. No assurance can be made that the information contained on such web site is accurate. Planned Development. KHS (in conjunction with KHCOC) plans on constructing 111 single family homes on approximately 52.3 acres located within the Option Property. These residences will be built and marketed in five separate plans ranging from 2,996 to 4,199 square feet and from $800,000 to $1,000,000 dollars. As of February 1, 2006, underground utilities had been completed at the cost of $1,000,000. Model home framing began on May 17, 2006. KHS anticipates construction of homes to begin by June 2006. All 111 homes will be complete by Aprill, 2008. Sales of the 111 single family homes are anticipated to begin in June 2006. Escrows are anticipated to being closing in October 2006 with all 111 lots anticipated to close by July 2008. Financing. KHS expects that the aggregate acquisition and construction costs for the Option Property will cost approximately $84,000,000; KHS anticipates financing such costs from internal funding. The Form 10-Q for the period ended October 31, 2005, showed net income of approximately $469,000,000 for the 2005 fiscal year. KHS is developing other projects which are not located within the District. These other projects may also be funded through KHS' s internal funding. Flood Map Issues. Tract 16227 is located within the Zone D special flood zone area as designated by FEMA. As a condition precedent to the issuance of certificates of occupancy for all lots located within this Tract, the City has required that the Tract be reclassified to Zone X which requires the Developer and KHS to construct certain flood control improvements and receive approval of such improvements by FEMA pursuant to a LOMR. The Developer and KHS anticipate receipt of the LOMR on or about October 1, 2006. However, no assurance can be made that FEMA will provide a LOMR on or prior to such date. Until a LOMR is received there can be no occupancy of homes constructed within this Tract and KHS will be required to pay Special Taxes when due. For further discussion of this issue, see "PROPOSED DEVELOPMENT WITHIN THE DISTRICT- Conditions of Development - FEMA" and "RISK FACTORS - Land Values and Development." RVPUB\KSNOW\706629.1 41 9CJ2 Pro Forma. The following shows KHS's pro forma cash flow summary and projected home sales for the Option Property. TABLE 13 K. Hovnanian at Sage, LLC Summary of Cash Flows For Calendar Years 2005 to 2007 As of March 1, 2006 Revenues 2005 2006 2007 2008 Totals Home Closings 10 60 41 111 Units Average Price $909,020 $909,020 $909,020 $909,020 Gross Cash Flow $9,064,180 $54,541,200 $37,269,820 $100,901,248 Expenses Land & Development $19,299,368 $23,575,086 $3,725,991 $1,612,544 $48,212,989 Direct Construction 3,278,686 13,996,714 6,007,186 23,282,586 Other Costs 118.270 4,933.627 5.863.868 1.976,543 12.867.108 Total Expenses $19,417,638 $31,787,399 $23,586,573 $9,596,273 $84,387,883 Sources of Funds Bank Loan Equity Investment $19,417,638 $22,723,219 $42,140,857 Project Cash Flow 9,064,180 23,586,573 9,596,273 42,247,026 Line of Credit TOTALS $19,417,638 $31,787,399 $23,586,573 $9,596,273 $84,387,883 Source: KHS. Meritage Homes of California, Inc. - Tract 16227-1 The property within Tract No. 16227-1 is currently owned by SCc-Canyon II, LLC, a Delaware limited liability company ("SCC-Canyon"). Meritage Homes of California; Inc. ("Meritage Homes") entered into a Purchase Agreement and Escrow Instructions dated July 29, 2005 (the "Purchase Contract") with Ms. Chuang to acquire Tract 16227-1. Meritage Homes assigned its rights under the Purchase Contract to SCC-Canyon. Concurrent with SCC-Canyon's acquisition of Tract No. 16227-1, Meritage Homes and SCC-Canyon entered into an Option Agreement dated September 22, 2005 (the "Option Agreement") under which SCC-Canyon agreed to sell individual lots to Meritage Homes over time upon the satisfaction of certain terms and conditions. Meritage Homes and SCC-Canyon also entered into a construction agreement dated September 22, 2005 (the "Construction Agreement") under which Meritage Homes has agreed to construct 145 single family homes within Tract 16227-1. Plan of Development. The Purchase Contract. Under the Purchase Contract, Ms. Chuang agreed to sell all 145 lots within Tract 16227-1 to Meritage Homes. SCC-Canyon, as assignee of Meritage Homes, took title to all 145 lots on September 22, 2005. SCC Canyon provides landbanking and capital to large homebuilders. SCC Canyon reported total assets of $213 million on its audited financial statements for the year ended December 31, 2004. SCC Canyon also has represented to the City that it is capitalized with $310 million in equity from institutional investors and $300 million in available debt from various banks. SCC-Canyon's managing member is Saybrook Community Capital, LLC ("Saybrook"). Saybrook is a private investment fund that provides capital to homebuilders for the acquisition and development of residential RVPUB\KSNOW\706629.1 42 9qg land. Saybrook is not a developer and is not a construction company. Through the Option Agreement and the Construction Agreement (each described below), Meritage Homes will develop each of the 145 lots into a finished condition and acquire such lots on a pre-determined schedule that began on March 1, 2006 and ends on July 1, 2008, exclusive of any exercised extension options. Meritage Homes, and not SCC-Canyon, will construct all 145 residences. The Option Agreement. Under the Option Agreement, SCC-Canyon has granted Meritage Homes the right, but not the obligation, to purchase all 145 lots. Subject to certain terms of the Option Agreement which may extended or shortened, the term of the option will expire on July 1, 2008. In accordance with the provisions of the Option Agreement, Meritage Homes has posted a letter of credit issued on October 5, 2005 issued by Wells Fargo Bank to secure its obligations under the Option Agreement (the "Letter of Credit"). The amount of the Letter of Credit was $7,435,518. In the event that Meritage Homes either (i) defaults under the Option Agreement or the Construction Agreement or (ii) fails to acquire lots pursuant to the Option Agreement, SCC-Canyon can draw on the Letter of Credit. Under the Option Agreement, Meritage Homes is obligated to pay to SCC-Canyon a monthly lot option fee. As of June 1, 2006, Meritage Homes had taken title to thirteen parcels from SCC-Canyon under the Option Agreement. In the event Meritage Homes fails to exercise its option under the Option Agreement, SCC-Canyon has no obligation to develop the property. In such event, however, SCC-Canyon would contract with another merchant builder to effectuate the development of the property as described herein. The Construction Agreement. Under the Construction Agreement, Meritage Homes has agreed to undertake the site development and construction of homes on all 145 lots. SCC-Canyon will reimburse Meritage Homes for all construction costs pursuant to the terms of the Construction Agreement in an amount of up to $4,438,000. The reimbursements will be made from moneys available to SCC Canyon from existing lines of credit or from available equity. See "Plan of Development" above. In addition to this project, SCC Canyon is involved in other projects where capital investments have also been made. Except as set forth in the Purchase Contract, neither SCC-Canyon nor any entity affiliated with SCC-Canyon (including Saybrook) has any obligation to advance any funds for the development of the property. Meritage Homes. Meritage Homes of California, Inc., a California corporation based in Irvine, California, is a wholly-owned subsidiary of Meritage Homes Corporation, a Maryland Corporation ("MHC"), which has its corporate offices in Piano, Texas and Scottsdale, Arizona. MHC is a designer and builder of single-family homes with operations in Arizona since 1985, in Texas since 1987, in Northern California since 1989, in Nevada since 2002, in Southern California since January 2004 (with the acquisition of Citation Homes), and in Colorado and Florida since 2004. MHC operates under a number of brand names including: Legacy Homes, Monterey Homes and Hammonds Homes in Texas, Monterey Homes, Meritage Homes and Hancock Communities in Arizona, Meritage Homes and Citation Homes in California. At December 31, 2005, MHC was actively selling homes in 184 communities, with base prices ranging from approximately $109,000 to $1,147,000. Additional information about MHC is provided at www.meritagehomes.com. Periodic and current reports of MHC including any amendments, filed or furnished pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (the "Exchange Act") are available, free of charge, on the MHC web site as soon as reasonably practicable after electronically filing such reports with the Securities and Exchange Commission ("SEC"). The information contained on the MHC website is not considered part of this official statement. Planned Development. Meritage Homes plans to construct 145 single-family detached homes on approximately 52.5 acres within Tract 16227-1. These homes will have four different floor plans and will range in size from 3,148 to 4,140 square feet and in price from $750,000 to $862,000. RVPUB\KSNOW\706629.1 43 qgLj As of June 1, 2006, all on-site utilities (with the exception of gas) were complete. Street, curb and gutter improvements were also complete. Meritage Homes anticipates that home construction will cornrnence as . of June 2006, that all homes will be completed as of 2009, and that closings will commence by the fourth quarter of 2006. As of May 6, 2006, Meritage Homes released 10 homes for sale. Meritage has received seven deposits as of May 18,2006. Financing. Meritage Homes expects that the aggregate acquisition and construction costs of its project will cost approximately $90,000,000. Meritage Homes anticipates financing the costs of the project from internal sources. Form 10-Q for the quarter ended December 31, 2005, showed net income of approximately $255.7 million for the twelve months and fiscal year ended December 31, 2005. Meritage Homes is developing other projects than those in the District. These other projects may also be funded through internal Meritage Homes funds. Pro Forma. The following shows Meritage Homes' pro forma cash flow surnrnary and projected home sales of its project within the District. TABLE 14 Meritage Homes of California, Inc. Pro Forma - Summary of Cash Flows as of February 1, 2006 Revenues 2005 2006 2007 2008 2009 Totals Home Closings 19 47 50 29 145 Units $822,500 $822,500 $822,500 $822,500 $822,500 Average Price 15,627,500 38,657,500 41,125,000 23,852,500 119,262,500 Gross Cash Flow Expenses Land & Development $47,289,260 2,770,000 480,000 480,000 80,000 51,099,260 Direct Construction 4,621,826 11,432,938 12,162,700 7,054,366 35,271,830 Other Costs 648.528 1.462.056 1.452.056 55,000 3,627.640 Total Expenses $47,289,260 $8,040,354 $13,374,994 $14,104,756 $7,189,366 $89,998,370 Sources of Funds Bank Loan Equity Investment $47,289,260 $47,289,260 Project Cash Flow Line of Credit 8,040.354 13.374.994 14.104.756 7.189.366 42.709.470 TOTAL $47,289,260 $8,040,354 $13,374,994 $14,104,756 $7,189,366 $89,998,730 Source: Meritage Homes. Lennar Homes of California, Inc. - Tract 16227-2 The property within Tract 16227-2 is currently owned by Ms. Chuang. Pursuant to a purchase contract, Lennar Homes of California, Inc. ("Lennar Homes") has irrevocably deposited $6,000,000 for the purchase of Tract No. 16227-2. Ms. Chuang has entered into an escrow agreement with Lennar Homes of California, Inc. The escrow is scheduled to become final in August 2006. Lennar Homes. Lennar Homes is a California corporation based in Aliso Viejo, California that has been in the business of developing residential real estate communities in California since 1995. Lennar Homes is a wholly-owned subsidiary of Lennar Homes Inc., a Florida corporation, which is a wholly-owned subsidiary of Lennar Corporation. RVPUB\KSNOW\706629.1 44 9~!; Lennar Corporation, founded in 1954 and publicly traded under the symbol "LEN" since 1971 is one of the nation's largest home builders, operating under a number of brand names, including Lennar Homes, U.S. Home Corporation, and Greystone Homes in Southern California. Lennar Homes develops residential communities both within the Lennar Corporation family of builders and through consolidated and unconsolidated partnerships in which Lennar Homes maintains an interest. Lennar Corporation is subject to the informational requirements of the Securities Exchange Act of 1934, as amended, and in accordance therewith files reports, proxy statements, and other information with the Securities and Exchange Commission (the "SEC"). Such filings, particularly the Annual Report on Form 10-K and its most recent Quarterly Report on Form IO-Q, may be inspected and copied at the public reference facilities maintained by the SEC at 450 Fifth Street, N.W., Washington, D.C. 20549 at prescribed rates. Such files can also be accessed over the Internet at the SEC's website at www.sec.gov. Copies of such material can be obtained from the public reference section of the SEC at 450 Fifth Street, N.W., Washington, D.C. 20549 at prescribed rates. In addition, the aforementioned material may also be inspected at the office of the NYSE at 20. Broad Street, New York, NY 10005. . The Internet addresses and references to filings with the SEC are included for reference only, and the information on these Internet sites and on file with the SEC are not a part of this Official Statement and are not incorporated by reference into this Official Statement. Recent Projects. A representative sampling of projects recently or currently under active development by Lennar Homes and its related entities or affiliates in the Riverside and Sa~ Bernardino Counties area are surnrnarized in the chart below. Lennar Homes' development plan for each project listed below is to construct residential lots and sell and convey such lots to one or more merchant builders. Project Name Copper Ridge Silver Ridge Kingsbrook Lytle Creek Approximate Number of Units 122 122 80 2087 Location (CA) Riverside County Riverside County Riverside County San Bernardino County Chaparral Hawthorne Bridlecrest Broadstone Riverside County Riverside County Riverside County Beaumont 114 81 97 74 Palmetto I Palmetto II 73 93 Beaumont Beaumont Wyngate 79 Riverside County (1) As of March 15,2006. Source: Lennar Homes. Status(l) Grading complete, streets under construction. Grading complete, streets under construction. Development complete. First occupancies March 2006. Currently being graded, offsite water improvements in progress. Grading nearly complete. Models started. Grading nearly complete. Models started. Grading nearly complete. Models started. Land development to be completed in July '06, Models and Phase 1 to start in July. Land development complete, Phase 2 under construction. Models complete, development to be completed and Phase 1 to start in June '06. Streets paved, fIrst closing expected in May. Planned Development. Lennar Homes plans on constructing 114 detached single-family homes on approximately 38.0 acres within Tract 16227-2. The homes will be built and market in four separate plans ranging from 3,614 to 3,994 square feet and from $907,600 to $1,023,400. As of May 1, 2006, in-tract underground utilities had not cornrnenced. Lennar Homes anticipates installation of such utilities to commence during the second quarter of 2006. Lennar Homes expects to begin constructing homes by October 2006, with escrows closing. As of June 1,2006, Sewer facility improvements have been completed. Water improvements are set to begin the first week of June. Lennar Homes expects to begin constructing homes by October 2006. RVPUB\KSNOW\706629.1 45 qgh Flood Map Issues. Tract 16227-2is located within the Zone D special flood zone area as designated by FEMA. As a condition precedent to the issuance of certificates of occupancy for all lots located within this Tract, the City has required that the Tract be reclassified to Zone X which requires the Developer and KHS to construct certain flood control improvements and receive approval of such improvements by FEMA pursuant to a LOMR. The Developer and Lennar Homes anticipate receipt of the LOMR on or about October 1, 2006. However, no assurance can be made that FEMA will provide a LOMR on or prior to such date. Until a LOMR is received there can be no oecupancy of homes constructed within this Tract. and Lennar Homes will' be required to pay Special Taxes when due. For further discussion of this issue, see "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Conditions of Development - FEMA" and "RISK FACTORS - Land Values and Development." Financing. Lennar expects that the aggregate acquisition and construction costs of its project will cost approximately $95,703,782. Lennar anticipates financing the costs of the project from internal sources. Lennar's Annual Report showed net income of approximately $1,355 billion for 2005. Lennar is developing other projects than those in the District. These other projects may also be funded through internal Lennar sources of funds. Pro Forma. The following shows Lennar's pro forma cash flow summary and projected home sales of its project within the District. TABLE 14 Lennar Homes Summary of Cash Flows For Calendar Years 2006 to 2006 as of March 1,2006 Actual Actual Pro Forma Pro Forma Pro Forma Pro Forma Revenues 2006-to-date Remainder of 2006 2007 2008 2009 Totals Home Closings units 0 0 40 44 30 110 average pnce 0 0 $1,071,774 $1,071,774 $1,071,774 $1,071,774 Gross Cash Flow 0 0 $42,870,960 $47,158,056 $32,153,220 $122,182,236 Expenses Land & Development $6,537,111 $39,344,171 $949,365 $593,353 $0 $47,424,000 Direct Construction 0 1,000,801 20,356,870 13,676,272 636,152 36.250.684 Other Costs 0 1.661.928 5.143.665 4,287 ,642 796,776 12,070.108 Total Expenses $6,537,111 $41,597,000 $26,449,900 $18,557,267 $1,432,928 $95,703,782 Sources of Funds Bank Loan $0 $0 $0 $0 $0 $0 Equity Investment 6,537,111 47,726,576 (16,421,060) (28,600,789) (4,241,838) 0 Project Cash Flow 0 0 0 0 26,478,454 26,478,454 Bond Funds 0 0 0 0 0 0 Line of Credit 0 0 0 0 0 0 TOTAL 6,537,111 47,726,576 (16,421,060) (28,600,789) $26,478,454 $26,478,454 Source: Lennar Homes. Other Tract - Tract 16226-2 Tract 16226-2 is currently being marketed to interested merchant homebuilders. BCA Development anticipates Tract 16226-2 will be developed into 70 single family homes. BONDOWNERS'RISKS The following is a discussion of certain risk factors that should be considered, in addition to other matters set forth in this Official Statement, in evaluating the investment quality of the Bonds. This discussion RVPUB\KSNOW\706629.1 46 q~1 does not purport to be comprehensive or definitive. The occurrence of one or more of the events discussed in this Official Statement could adversely affect the ability or willingness of property owners in the District to pay their Special Taxes when due. Such failures to pay Special Taxes could result in a rapid depletion of the Reserve Fund and/or a default in payments of the principal of, and interest on, the Bonds. In addition, the occurrence of one or more of the events discussed in this Section could adversely affect the value of the property in the District. Not a General Obligation of the District or the City The Bonds are not general obligations of the District or the City but are limited obligations of the District payable solely from proceeds of the Special Taxes and, to a limited extent, proceeds of the Bonds, including amounts in the Reserve Fund and investment income on funds held under the Fiscal Agent Agreement (other than funds held in the Costs of Issuance Fund, the Project Fund, the Administrative Expense Fund and the Rebate Fund as to the Fiscal Agent Agreement). Levy of the Special Taxes The principal source of payment of debt service on the Bonds is the proceeds of the annual levy and collection of the Special Taxes. The annual levy of the Special Tax is subject to the maximum tax rates authorized in the Rate and Method. The levy cannot be made at a higher rate even if the failure to do so means that the estimated proceeds of the levy and collection of the Special Tax, together with other available funds, will not be sufficient to pay debt service on the Bonds. Other funds that might be available to pay debt service on the Bonds include funds derived from the payment of delinquent special taxes and funds derived from the foreclosure and sale of parcels on which the Special Taxes levied are delinquent. The levy of the Special Tax will rarely, if ever, result in a uniform relationship between the value of the Taxable Property (as such term is defined in the Rate and Method) and the amount of the levy of the Special Tax. Thus, there will rarely, if ever, be a uniform relationship between the value of a parcel and the proportionate share of Bond debt service levied on the parcel, and certainly not a direct relationship. The Special Tax levied in any particular tax year on a Taxable Property is based upon the application of the Rate and Method. See Appendix B - Amended and Restated Rate and Method of Apportionment. Application of the Rate and Method will, in turn, be dependent upon certain development factors with respect to each Taxable Property by comparison with similar development factors with respect to other Taxable Properties within the District. Thus, the following are some of the factors that might cause the levy of the Special Tax on any particular Taxable Property to vary from the Special Tax that might otherwise be expected: (i) Reduction in the number of parcels of Taxable Property, for such reasons as acquisition of Taxable Property by a government and failure of the government to pay the Special Tax based upon a claim of exemption, thereby resulting in an increased tax burden on the remaining Taxable Property; and (ii) Failure of the owners of Taxable Property to pay the Special Tax and delays in the collection of or inability to collect the Special Tax by tax sale or foreclosure and sale of the delinquent parcels, thereby resulting in an increased tax burden on the remaining parcels of Taxable Property. Exempt Properties Certain private properties owned by Property Owner Associations are exempt from the Special Tax in accordance with the Rate and Method. In addition, the Rate and Method provides that certain properties of the state, federal or local governments are exempt from the Special Taxes. Therefore, property acquired by a public entity following the issuance of the Bonds will be exempt from the Special Tax. See "SECURITY FOR THE BONDS - The Special Tax" herein and "Appendix B - Amended and Restated Rate and Method of Apportionment of Special Taxes." RVPUB\KSNOW\706629.1 47 qgg In particular, insofar as the Rate and Method requires payment of the Special Tax by a federal entity acquiring a parcel of Taxable Property, it may be unconstitutional. If for any reason a parcel of TaxabJe Property becomes exempt from taxation by reason of ownership by a nontaxable entity such as the federal government, another public agency or a religious organization, subject to the limitation of the maxi~um rate, the Special Tax will be reallocated to the remaining Taxable Properties within the District in which the parcel is located. This would result in the owners of such property paying a greater amount of the Special Tax and could hav~ an adverse impact upon the timely payment of the Special Tax. Moreover, if a substantial portion of-the Taxable Property within the District becomes exempt from the Special Tax because of public ownership, or otherwise, the maximum rate that could be levied upon the remaining acreage might not be sufficient to pay principal of and interest on Series of the Bonds secured by such Special Tax when due and a default would occur with respect to the payment of such principal and interest. Collection of the Special Taxes The District has no obligation to pay debt service on the Bonds in the event Special Tax installments are delinquent, nor is the District obligated to advance funds to pay such debt service. The Rate and Method provides that the Special Taxes are to be collected in the same manner as ordinary ad valorem property taxes are collected and, except as provided in the special covenant for foreclosure described below, are to be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem property taxes. Under these procedures, if taxes are unpaid for a period of five years or more, the property is subject to sale by the County. Under the Fiscal Agent Agreement, in the event of any delinquency in the payment of the Special Tax, the District may order the institution of a superior court action to foreclose the lien in the amount of the delinquent Special Taxes plus penalties, interest, and costs (including attorney's fees) within specified time limits. In such an action, the real property subject to the unpaid amount may be sold at judicial foreclosure sale. Such judicial foreclosure action is not mandatory. However, the District has covenanted to cause foreclosure proceedings to be commenced and prosecuted against those properties that are delinquent in the payment of the Special Tax. For a description of the foreclosure covenant and the limitations upon foreclosure, see "SECURITY FOR THE BONDS - Delinquent Special Taxes; Covenant To Foreclose." In the event that sales or foreclosures of property within the District are necessary as a result of the delinquency in the payment of Special Taxes, there could be a delay in payment of the Bonds if the Reserve Fund is depleted pending such sales or the prosecution of foreclosure proceedings against such delinquent property and receipt by the District of the proceeds of such a sale. In addition, there can be no assurance that the sale of delinquent parcels in foreclosure will produce sufficient proceeds to cover such delinquencies. Concentration of Property Ownership As of the date of this Official Statement, all of the property in the District subject to the levy of the Special Tax is owned by the Developer and five merchant builders. The willingness and ability of the Developer to pay property taxes and the Special Taxes could be adversely affected by changes in general or local economic conditions, fluctuations in the real estate market and other factors. Failure of the Developer or the merchant builders (or any future owner of significant property within the District subject to the levy of the Special Taxes) to pay installments of such Special Taxes when due could cause the depletion of the Reserve Fund for the Bonds prior to reimbursement from the resale of foreclosed property or payment of the delinquent Special Tax and, consequently, result in the delinquency rate reaching a level that would cause an insufficiency in collection of the Special Tax to meet the District's obligations under the Fiscal Agent Agreement. For a description of the Developer and the merchant builders, see "OWNERSHIP OF PROPERTY". In that event, there could be a delay or failure in payments on the Bonds. See "BONDOWNERS - Bankruptcy and Foreclosure Delays" and "SECURITY FOR THE BONDS - Delinquent Special Taxes; Covenant to Foreclose" for a further discussion. RVPUB\KSNOW\706629.1 48 9gcj Not a Personal Obligation An owner of Taxable Property is not personally obligated to pay the Special Tax. Rather, the Special Tax is an obligation only against the Taxable Property. If the value of the Taxable Property is not sufficient, taking into account other obligations also payable thereby to fully secure the Special Tax, the District has no recourse against the property owner. Parity Taxes and Special Assessments The Special Taxes and any related penalties will constitute a lien against the lots and parcels of land on which they will be annually imposed until they are paid. This tax lien is on a parity with all special taxes and special asses'sments levied by other agencies and is co-equal to and independent of the lien for general property taxes regardless of when they are imposed upon the same property. The Special Taxes have priority over all existing and future private liens imposed on the property. However, neither the District nor the City has any control over the ability of other entities and districts to issue indebtedness secured by special taxes or . assessments payable from all or a portion of the property within the District. If any additional improvements or fees are financed by an assessment district or another district formed under the Act, any taxes or assessment levied to finance such improvements will have a lien on a parity with the lien ofthe Special Tax. For information concerning existing direct and overlapping public indebtedness within the District, see "THE DISTRICT - Cumulative Tax, Assessment and Fee Burden on Property". The existence of general property taxes, other special taxes, and assessments may reduce the value-to-debt ratio of the affected parcels and increases the possibility that foreclosure proceeds will not be adequate to pay delinquent Special Taxes or the principal of and interest on the Bonds when due. The City has covenanted that it will not issue additional bonds having a lien upon the Special Taxes superior to or on a parity with the lien of the Bonds. Land Values and Development The development of the Taxable Property within the District and the value of such Taxable Property is a critical factor in determining the investment quality of the Bonds. Although the Developer has engaged the services ofBCA Development to master plan the development of the Property within the District, the Developer herself has no prior development experience. If a property owner defaults in the payment of the Special Tax, the City's only remedy is to foreclose on the delinquent property in an attempt to obtain funds with which to pay the delinquent Special Tax. Land values could be adversely affected by economic factors beyond the City's control, such as relocation of employers out of the area, stricter land use regulations, the absence of water, or destruction of property caused by, among other eventualities, earthquake, flood or other natural disasters, or by environmental pollution or contamination. In addition, a major risk to Bondowners is that development by the Developer of property within the District may be subject to unexpected delays, disruptions and changes that may affect the willingness and ability of the property owners to pay Special Taxes when due. Land Development. Land values are influenced by the level of development in the area in many respects. First, partially developed land is generally less valuable than developed land and provides less security to the owners of the Bonds should it be necessary for the City to foreclose on undeveloped property due to the nonpayment of Special Taxes. Moreover, failure to complete development on a timely basis could adversely affect the land values of those parcels that have been completed. Lower land values would result in less security for the payment of principal of and interest on the Bonds and lower proceeds from any foreclosure sale necessitated by delinquencies in the payment of the Special Tax. Currently, the property within the District is under development. As of May 18,2006, the appraised value of the Property was $198,725,000. No assurance can be given that the property within the District will be developed, and in assessing the investment quality of the Bonds, prospective purchasers should evaluate the risks, of non-completion. . See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Conditions of Development - FEMA." RVPUB\KSNOW\706629.1 49 qqD Adjustable Rate Home Loans In the past several years, many persons have financed the purchase of new homes using loans with adjustable interest rates that start low and are subject to being reset at higher rates on a specified date or upon the occurrence of specified conditions. Many of these loans allow the borrower to pay interest only for an initial period (e.g., five years). Currently, in Southern California as many as 79% of outstanding home loans are adjustable rate loans. In the opinion of some economists, the significant increase in home prices in this time period (more than 65% since 2002) has been driven, in part, by the ability of home purchasers to access adjustable rate loans. These economists predict that as interest rates on more conventional loans increase and as the interest rates on adjustable rate loans are reset (and payments are increased) there will be a decrease in home prices due to the fact that fewer borrowers will be able to qualify for adjustable rate loans or conventional loans. Many borrowers who purchased homes with adjustable rate loans have refinanced before the interest reset date to obtain loans with fixed interest rates and payments that are lower than the reset interest rates and the resulting payments. However, as interest rates on conventional loans increase borrowers will not be able to refinance adjustable rate loans at lower interest rates. Some economists are concerned that such a reduction in home prices will result in many existing homeowners having loan balances that exceed the value of their homes. For the reasons discussed above, homeowners in the District who purchase their homes with adjustable rate loans may experience difficulty in making their loan payments and paying the Special Taxes levied on their property. This would result in an increase in the Special Tax delinquency rate in the District and depletion of the Reserve Fund. If there were significant delinquencies in Special Tax collections in the District and the Reserve Fund were depleted, there could be a default in the payment of principal of and interest on the Bonds. Economists have also predicted that if housing prices decline, bankruptcies are likely to increase. Bankruptcy by homeowners with delinquent Special Taxes would delay the commencement and completion of foreclosure proceedings to collect delinquent Special Taxes. See "Special Tax Delinquencies," "Payment of Special Taxes" and "Bankruptcy" below and "SECURITY FOR THE BONDS - Covenant for Superior Court Foreclosure. " Slowdown in Homes Sales Increasing home loan interest rates and other inflationary factors, including continuing increases in gasoline prices, could result in a slow down in the construction and sale of homes in the District and a reduction in home sales prices. Many persons who have purchased homes in the City, commute to work some 40 to 60 miles away in Orange County or Los Angeles County. Increasing gasoline prices could result in persons who now live in Orange or Los Angeles County and who might have considered purchasing a home in the District deciding to continue living closer to their place of employment to avoid the cost of commuting to work. Increasing home loan interest rates could result in fewer persons being able to qualify for loans. Either of these factors could cause a slow down in the sale of homes in the District, and could also result in a reduction in expected home sales prices. A slowdown in the rate of home sales would increase the Developers' carrying costs and reduce its expected profit from the sale of homes in its projects. A reduction in expected home sales prices would also reduce the Developers' expected profit. A slowdown in home sales would also delay the diversification of property ownership in the District and extend the period of time during which the City would need to levy Special Taxes on undeveloped property in the District which is owned by the Developers to pay debt service on the Bonds. This would further reduce the Developers' expected profit. These factors, or any combination of them, might result in the Developers being unwilling to make timely payment of the Special Taxes levied on its property. Risks of Real Estate Investment Generally. Continuing development of land within the District may be adversely affected by changes in general or local economic conditions, fluctuations in the real estate market, increased construction costs, development, financing and marketing capabilities of individual property owners, water shortages and other similar factors. Development in the District may also be affected by development in surrounding areas, which may compete RVPUB\KSNOW\706629.1 50 qq/ with the District. In addition, land development operations are subject to comprehensive federal, state and local regulations, including environmental, land use, zoning and building requirements. There can be no assurance that proposed land development operations within the District will not be adversely affected by future government policies, including, but not limited to, governmental policies to restrict or control development, or future growth control initiatives. There can be no assurance that land development operations within the District will not be adversely affected by these risks. The City has not evaluated development risks. Since these are largely business risks of the type that property owners customarily evaluate individually, and' inasmuch as changes in land ownership may well mean changes in the evaluation with respect to any particular parcel, the City is issuing the Bonds without regard to any such evaluation. Thus, the creation of the District and the issuance of the Bonds by the City in no way implies that the City has evaluated these risks or the reasonableness of these risks even though such risks may be serious and may ultimately halt or slow the progress of land development and forestall the realization of Taxable Property values. Natural Disasters. The value of the Taxable Property in the future can be adversely affected by a variety of natural occurrences, particularly those that may affect infrastructure and other public improvements and private improvements on the Taxable Property and the continued habitability and enjoyment of such private improvements. For example, the areas in and surrounding the District, like those in much of California, may be subject to unpredictable seismic activity. Other such occurrences could include, without limitation, landslides, floods, droughts, and tornadoes. Although the District is not located within the boundaries of a state established Earthquake Fault Study Zone, a fault named the Powerline Fault has been mapped in the northwest portion of the District. According to the Geotechnical and Fault Investigation Report for the Proposed Reservoirs Site, North of Tracts 16226 and 16227 Rancho Etiwanda Estates, the Powerline Fault was previously investigated and found to be inactive. Several other faults are in the area. The Cucamonga fault zone is located within .62 miles of the District. The San Andreas fault zone is located approximately 17 miles from the District. The San Jacinto fault zone is approximately 4.97 miles from the District. All properties in California are subject to some degree of seismic risk. See "APPENDIX A - Summary of Appraisal Report." The Zone D Parcels are currently located in an area of undetermined flood hazard by FEMA. Before certificates of occupancy will be issued by the City for the Zone D Parcels, the affected merchant builders will need to show that FEMA has reclassified these lots to Zone X (properties of moderate or minimal flood hazard). See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Project Approving Permits and Master Infrastructure Status." One or more of such natural disasters, including earthquake and flood, could occur and could result in damage to improvements of varying seriousness. The damage may entail significant repair or replacement costs and that repair or replacement may never occur either because of the cost, or because repair or replacement will not facilitate habitability or other use, or because other considerations preclude such repair or replacement. Under any of these circumstances there could be significant delinquencies in the payment of Special Taxes, and the value of the Taxable Property may well depreciate or disappear. Fire Hazard. Maps produced by the California Department of Department of Forestry and Fire designate the District as located within the "State Responsibility Area," an area in which the State is responsible for fire protection and suppression, the "Very High Fire Hazard Severity Zone, City of Rancho cucamonga Hillside District," an area in which there is a high risk of fire and the local agency is responsible for fire protection and suppression or within the area of the City's General Plan as High - Probability - High Consequence for Fire Risk and within the "Hazardous Fire Area" as defined by the California Department of Forestry and Fire. Like the natural disasters discussed above, fire damage entail significant repair and replacement costs. If such repairs are not made after a fire, there could be significant delinquencies in the payment of Special Taxes, and the value of the Taxable Property may well depreciate or disappear. RVPUB\KSNOW\706629.1 51 992 Legal Requirements. Other events that may affect the value of a Taxable Property include changes in the law or application of the law. Such changes may include, without limitation, local growth control initiatives, local utility connection moratoriums and local application of statewide tax and governmental spending limitation measures. Development in the District may also be adversely affected by the application of laws protecting endangered or threatened species. See "CONCLUDING INFORMATION - Litigation". Hazardous Substances. One of the most serious risks in terms of the potential reduction in the value of a Taxable Property is a claim with regard to a hazardous substance. In general, the owners and operators of a Taxable Property may be required by law to remedy conditions of the parcel relating to releases or threatened releases of hazardous substances. The federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, sometimes referred to as "CERCLA" or the "Superfund Act," is the most well-known of these laws, but California laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner or operator is obligated to remedy a hazardous substance condition of property whether or not the owner or operator has anything to do with creating or handling the hazardous substance. The effect, therefore, should any of the Taxable Property be affected by a hazardous substance, is to reduce the marketability and value of the parcel by the costs of remedying the condition, because the purchaser, upon becoming owner, will become obligated to remedy the condition just as is the seller. The values set forth in the Appraisal do not take into account the possible reduction in marketability and value of any of the Taxable Property by reason of the possible liability of the owner or operator for the remedy of a hazardous substance condition of the parcel. Although the City is not aware that the owner or operator of any of the Taxable Property has such a current liability with respect to any of the Taxable Property, it is possible that such liabilities do currently exist and that the City is not aware of them. Further, it is possible that liabilities may arise in the future with respect to any of the Taxable Property resulting from the existence, currently, on the parcel of a substance presently classified as hazardous but that has not been released or the release of which is not presently threatened, or may arise in the future resulting from the existence, currently on the parcel of a substance not presently classified as hazardous but that may in the future be so classified. Further, such liabilities may arise not simply from the existence of a hazardous substance but from the method of handling it. All of these possibilities could significantly affect the value of a Taxable Property that is realizable upon a delinquency. Notice of Special Taxes; Disclosures To Future Purchasers The willingness or ability of an owner of a Taxable Property to pay the Special Taxes even if the value is sufficient may be affected by whether or not the owner was given due notice of the Special Tax authorization at the time the owner purchased the parcel, was informed of the amount of the Special Tax on the parcel should the Special Tax be levied at the maximum tax rate and the risk of such a levy and, at the time of such a levy, has the ability to pay it as well as pay other expenses and obligations. The City has caused a notice of the Special Tax to be recorded in the Office of the Recorder for the County against each Taxable Property. While title companies normally refer to such notices in title reports, there can be no guarantee that such reference will be made or, if made, that a prospective purchaser or lender will consider such Special Tax obligation in the purchase of a property within the District or lending of money thereon. The Act requires the subdivider (or its agent or representative) of a subdivision to notify a prospective purchaser or long-term lessor of any lot, parcel, or unit subject to a special tax levied pursuant to the Act of the existence and maximum amount of such special tax using a statutorily prescribed form. California Civil Code Section 1102.6b requires that in the case of transfers other than those covered by the above requirement, the seller must at least make a good faith effort to notify the prospective purchaser of the special tax lien in a format prescribed by statute. Failure by an owner of the property to comply with the above requirements, or failure by RVPUB\KSNOW\706629.1 52 Qc;3 a purchaser or lessor to consider or understand the nature and existence of the Special Taxes, could adversely affect the willingness and ability of the purchaser or lessor to pay the Special Taxes when due. Bankruptcy and Foreclosure Delays General. The payment of the Special Taxes and the ability of the City to foreclose the lien of a delinquent unpaid tax, as discussed under "SECURITY FOR THE BONDS," may be limited by bankruptcy, insolvency or other laws generally affecting creditors' rights or by the laws of the State of California relating to judicial foreclosure. In addition, the prosecution of a foreclosure action could be delayed due to crowded local court calendars or delays in the legal process. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel's approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases. Although bankruptcy proceedings would not cause the lien of the Special Taxes to become extinguished, bankruptcy of a property owner could result in a delay in prosecuting superior court foreclosure proceedings. The federal bankruptcy laws provide for an automatic stay of foreclosure and tax sale proceedings, thereby delaying such proceedings, perhaps for an exte~ded period. Any such delays would increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds secured by the levy of Special Taxes in which such property is located and the possibility of delinquent tax installments not being paid in full. To the extent that bankruptcy or similar proceedings were to involve a large property owner, the chances would increase the likelihood that the Reserve Fund could be fully depleted during any resulting delay in receiving payment of delinquent Special Taxes. As a result, sufficient moneys would not be available in such Reserve Fund for transfer to the Bond Fund to make up any shortfalls resulting from delinquent payments of the . Special Tax and thereby to pay principal of and interest on the Bonds on a timely basis. Property Owned by the FDIC. The ability of the City to foreclose upon the lien relating to property on which Special Taxes have not been paid may be limited in certain respects with regard to properties in which the FDIC has an interest. On November 26, 1996, the FDIC adopted a Statement of Policy Regarding the Payment of State and Local Property Taxes (the "Policy Statement") (which superseded a prior statement issued by the FDIC and the Resolution Trust Corporation in 1991). The Policy Statement applies to the FDIC when it is liquidating asset in its corporate and receivership capacities. The Policy Statement provides, in part, that owned real property of the FDIC is subject to state and local real property taxes if those taxes are assessed according to the property's value, and that the FDIC is immune from ad valorem real property taxes assessed on other bases. The Policy Statement also provides that the FDIC will pay its proper tax obligations when they become due and will pay claims for delinquencies as promptly as is consistent with sound business practice and the orderly administration of the institution's affairs, unless abandonment of the FDIC interest in the property is appropriate. It further provides that the FDIC will pay claims for interest on delinquent property taxes owned at the rate provided under state law, but only to the extent the interest payment obligation is secured by a valid lien. The FDIC will not pay for any amounts in the nature of fines or penalties and will not pay nor recognize liens for such amounts. The Policy Statement also provides that if any property taxes (including interest) on FDIC-owned property are secured by a valid lien (in effect before the property became owned by the FDIC), the FDIC will pay those claims. No property of the FDIC is subject to levy, attachment, garnishment, foreclosure or'sale without the FDIC's consent. In addition, a lien for taxes and interest may attach, but the FDIC will not permit a lien or security interest held by the FDIC to be eliminated by foreclosure without the FDIC's consent. With respect to challenges to assessments, the Policy Statement provides: "The [FDIC] is only liable for state and local taxes which are based on the value of the property during the period for which the tax is imposed, RVPUB\KSNOW\706629.1 53 9 q tj notwithstanding the failure of any person, including prior record owners, to challenge an assessment under the procedures available under state law. In the exercise of its business judgment, the [FDIC] may challenge assessments which do not conform with the statutory provisions, and during the challenge may pay tax claims based on the assessment level deemed appropriate, provided such payment will not prejudice the challenge. The [FDIC] will generally limit challenges to the current and immediately preceding taxable year and to the pursuit of previously filed tax protests. However, the [FDIC] may, in the exercise of its business judgment, challenge any prior taxes and assessments provided that (1) the [FDIC's] records (including appraisals, offers or bids received for the purchase of the property, etc.) indicate that the assessed value is clearly excessive, (2) a successful challenge will result in a substantial savings to the [FDIC], (3) the challenge will not unduly delay the sale ofthe property, and (4) there is a reasonable likelihood ofa successful challenge." The Policy Statement states that the FDIC generally will not pay non-ad valorem taxes, including special assessments, on property in which it has a fee interest unless the amount of tax is fixed at the time the FDIC acquires its fee interest in the property, nor will the FDIC recognize the validity of any lien to the extent it purports to secure the payment of any such amounts. Because the Special Taxes are neither ad valorem taxes nor special assessments, the City is unable to predict what effect the application of the Policy Statement would have in the event of a delinquency on a parcel included in the District in which the FDIC has an interest, although prohibiting the lien of the FDIC to be foreclosed on at a judicial foreclosure sale would likely reduce the number of or eliminate the persons willing to purchase a parcel at a foreclosure sale. Owners of the Bonds should assume that the City will be unable to foreclose on parcels of land in the District owned by the FDIC. Such an outcome would cause a draw on the Reserve Fund and perhaps, ultimately, a default in payment of the Bonds. Limitation on Remedies of Bondholders; No Acceleration Remedies available to Bondholders may be limited by a variety of factors and may be inadequate to assure the timely payment of principal of and interest on the Bonds, or to preserve the tax-exempt status of the Bonds. Bond Counsel has limited its opinion as to the enforceability of the Bonds and the Fiscal Agent Agreement to the extent that enforceability may be limited by bankruptcy, insolvency, or similar laws affecting generally the enforcement of creditors' rights. Additionally, the Bonds are not subject to acceleration in the event of the breach of any covenant or duty under the Fiscal Agent Agreement. Lack of remedies may entail risks of delay, limitation, or modification of Bondowner rights. Judicial remedies, such as foreclosure and enforcement of covenants, are subject to exercise of judicial discretion. A California court may not strictly apply certain remedies or enforce certain covenants if it concludes that application or enforcement would be unreasonable under the circumstances and it may delay the application of such remedies and enforcement. Loss of Tax Exemption As discussed under the caption "CONCLUDING INFORMATION - Tax Matters," interest on either Series of the Bonds might become includable in gross income for purposes of federal income taxation retroactive to the date of the Bonds was issued, as a result of future acts or omissions of the District or City in violation of its covenants in the Fiscal Agent Agreement. The Fiscal Agent Agreement does not contain a special redemption feature triggered by the occurrence of an event of taxability. As a result, if interest on the Bonds were to be includable in gross income for purposes of federal income taxation, the Bonds would continue to remain outstanding until maturity unless earlier redeemed under the Fiscal Agent Agreement. See "THE BONDS - Redemption of Bonds". Secondary Markets and Prices The Underwriter will not be obligated to repurchase any of the Bonds, and no representation is made concerning the existence of any secondary market for the Bonds. No assurance can be given that any secondary market will develop following the completion of the offering of the Bonds, and no assurance. can be given that the initial offering prices for the Bonds will continue for any peIjod of time. RVPUB\KSNOW\706629.1 54 qq5 CONCLUDING INFORMATION Tax Matters In the opinion of Best Best & Krieger LLP, San Diego, California, Bond Counsel, under existing statutes, regulations, rulings and judicial decisions, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and corporations. In the further opinion of Bond Counsel, interest on the Bonds is exempt from State of California personal income tax. Bond Counsel notes that, with respect to corporations, interest on the Bonds will be included as an adjustment in the calculation of alternative minimum taxable income, which may affect the alternative minimum taxable liability of such corporations. Bond Counsel's opinion as to the exclusion from gross income for federal income tax purposes of interest on the Bonds is based upon certain representations of fact and certifications made by the City, the Underwriter and others and is subject to the condition that the City complies with all requirements of the Internal Revenue Code of 1986, as amended (the "Code") that must be satisfied subsequent to the issuance of the bonds to assure that interest on the Bonds will not become includable in gross income for federal income tax purposes. Failure to comply with such requirements of the Code might cause interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The City has covenanted to comply with all such requirements. Should the interest on the Bonds become includable in gross income for federal income tax purposes, the Bonds are not subject to early redemption as a result of such occurrence and will remain outstanding until maturity or until otherwise redeemed in accordance with the Fiscal Agent Agreement. The Internal Revenue Service (the "IRS") has initiated an expended program for the auditing of tax- exempt bond issues, including both random and targeted audits. It is possible that the Bonds will be selected for audit by the IRS. It is also possible that the market value of the Bonds might be affected as a result of such an audit of the Bonds (or by an audit of similar bonds). Bond Counsel's opinion may be affected by action taken (or not taken) or events occurring (or not occurring) after the date of issuance of the bonds. Bond Counsel has not undertaken to determine, or to inform any person, whether any such action or events are taken or do occur, or whether such actions or events may adversely affect the value of tax treatment of a Bond and Bond Counsel expresses no opinion with respect thereto. Although Bond Counsel has rendered an opinion that interest on the Bonds is excluded from gross income for federal income tax purposes provided the City continues to comply with certain requirements of th~ Code, the accrual or receipt of interest on the Bonds may otherwise affect the tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status and other items of income or deductions. Bond Counsel expresses no opinion regarding any such consequences. Accordingly, all potential purchasers should consult their tax advisors before purchasing any of the Bonds. Legal Opinions The legal opinion of Best Best & Krieger LLP, San Diego, California, approving the validity of the Bonds in substantially the form set forth as Appendix F hereto, will be made available to purchasers at the time of original delivery. A copy of the legal opinion for the Bonds will be provided with each definitive bond. Certain legal matters will be passed upon for the City and the District by Richards Watson & Gershon, a professional corporation, Los Angeles, California, City Attorney and by Best Best & Krieger LLP, Riverside, California, as disclosure counsel to the City. RVPUB\KSNOW\706629.1 55 990 Litigation At the time of delivery of and payment for the Bonds, the District will certify that, to the current actual knowledge (after reasonable investigation) of the officer of the City executing the certificate, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or regulatory agency, public board or body pending or overtly threatened in writing against the District or the City that in any way seeks to affect the existence of the District or the City or the titles of their officers to their respective offices, or that seeks' to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds of the Bonds in accordance with the Fiscal Agent Agreement, or in any way contests or seeks to affect the validity or enforceability of the Bonds, the Fiscal Agent Agreement, or the Bond Purchase Agreement or any action of the District or the City contemplated by any of said documents, or that in any way contests the completeness or accuracy of this Official Statement or the powers of the District or the City or their authority with respect to the Bonds or the Fiscal Agent Agreement or any action of the District or the City contemplated by any of said documents, or that would adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or the exemption of such interest for California personal income taxation. Continuing Disclosure The City, acting as the administrator for and on behalf of the District, will covenant for the benefit of the Bondowners to provide annually, commencing February 1,2007, certain financial inforrriation and operating data relating to the District (the "District's Annual Reports"), and to provide notices of the occurrence of certain enumerated events, if material. The District's Annual Report will be delivered not later than seven months after the end of the City's fiscal year (which currently ends on June 30), commencing with the report for the 2005- 2006 fiscal year. Ms. Chuang and K. Hovnanian, Lo Land, Meritage Homes, SCC Canyon and Lennar Homes will covenant for the benefit of the Bondowners to provide certain information and operating data regarding their respective development of their property in the District on a semi-annual basis (the "Property Owners' Semi- Annual Reports"), and to provide notices of the occurrence of certain enumerated events, if material within their respective projects. The Property Owners' Semi-Annual Reports will be delivered not later than 120 days and 300 days after the end of the fiscal year for the applicable property owner. See "APPENDIX E - Form of Continuing Disclosure Agreement." The District's Annual Reports and the Property Owner's Semi-Annual Reports will be filed with each Nationally Recognized Municipal Securities Information Repository and with the appropriate State information depository, if any. The notices of material events will be filed with the Municipal Securities Rulemaking Board (and with the appropriate State information depository, if any). The specific nature of the information to be contained in the District's Annual Reports, the Property Owner's Semi-Annual Reports and the notices of material events is set forth in "Appendix E - Forms of Continuing Disclosure Agreements." These covenants have been made in order to assist the Underwriter in complying with SEC Rule 15c2-12(b)(5) (the "Rule"). The obligation of the property owners to provide information is limited to the type of information described in its continuing disclosure undertakings. Neither the City nor the District will assume any responsibility for the enforcement of the property owners' obligations under their continuing disclosure undertakings nor for the accuracy of the information contained in the Property Owner's Semi..;Annual Reports. The City, acting as the administrator for and on behalf of certain other community facilities districts, has on two occasions not met the continuing disclosure requirements under the Rule on a timely basis. In each instance the City failed to timely file reports on behalf of these community facilities districts, due on February 1, 2001 for the Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 and for the Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2001. Such reports were subsequently filed on June 12, 2001. It should be noted that these bond issues closed in December 2000 and the information that was contained in the annual reports filed on June 12, 2001 was identical to the information contained in the official statements relating to these bond issues distributed to the purchasers of the Bonds. RVPUB\KSNOW\706629.1 56 q91 [Confirm: Ms. Chuang, KHS, LoLand, Meritage Homes, SCC-Canyon II and Lennar Homes have never failed to comply in all material respects with any previous undertakings with regard to Rule 15c2-12 to provide annual reports or notices of material events.] Lennar Homes has advised the District that i.t is not aware of any previous material failures by it or by any of its partners or members, as the case may be, to comply with any previous undertakings with respect to the Rule to provide annual reports or notices of material events within the past five years. This representation is qualified by the following: Lennar Homes has numerous affiliates consisting of various entities that are developing or have been involved in the development of numerous different projects in states throughout the country over the last five years. it is possible that some of such affiliates have failed to comply at one time or another with' continuing disclosure undertakings in connection with an issuance of cornrnunity facilities district or assessment district bonds. In connection with covenants relating to a 1998 financing for a project in the City of Temecula by the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) in which Lennar Homes was involved as the administrative member of the major landowner, Lennar Homes filed audited financial statements for each fiscal year through its 1999 fiscal year (the report filed in May 1000) but did not file the report due for the 2000 fiscal year and did not include financial information regarding the development of the property owned by an affiliated entity in the 1999 report. In connection with covenants relating to financings in 1999, 2000 and 2002 by the Association of Bay Area Governments Windemere Ranch Assessment District 1999-1 for a project in the County of Contra Costa, California, continuing disclosure reports due on April 1, 2005, were not provided on a timely basis. Lennar Homes, as a member of the master developer, filed the continuing disclosure reports with the dissemination agent on October 10, 2005. Lennar Homes is reviewing and updating its system for filing reports and expect to satisfy Lennar Homes' obligations with regard to disclosure in the future. No Rating The District has not made, and does not contemplate making, application to any rating agency for the assignment of a rating to the Bonds. Underwriting Stone & Youngberg LLC, the Underwriter of the Bonds, has agreed to purchase the Bonds from the District at a purchase price of $ (representing the original principal amount of the Bonds of $ less an underwriter's discount of$ ). The purchase contract under which the Underwriter is purchasing the Bonds provides that the Underwriter will purchase all of the Bonds if any are purchased. The obligation of the Underwriter to make such purchase is subject to certain terms and conditions set forth in such contract of purchase. The public offering prices of the Bonds may be changed from time to time by the Underwriter. The Underwriter may offer and sell Bonds to certain dealers and others at a price lower than the offering price stated on the cover page of this Official Statement. Professional Fees In connection with the issuance of the Bonds, fees payable to certain professionals are contingent upon the issuance and delivery of the Bonds, including: the Underwriter, Best Best & Krieger LLP, as bond counsel and disclosure counsel; Wells Fargo Bank, National Association, as Fiscal Agent; and Fieldman Rolapp & Associates, as financial advisor to the City (a portion of whose fee is contingent). RVPUB\KSNOW\706629.1 57 99S Miscellaneous All quotations from, and surnrnaries and explanations of the Fiscal Agent Agreement, the Bonds, other documents and statutes contained in this Official Statement do not purport to be complete, and reference is made to said documents, the Fiscal Agent Agreement, and statutes for full and complete statements of their provisions. . This Official Statement is submitted only in connection with the sale of the Bonds by the District. The information contained in this Official Statement should not be construed as representing all conditions affecting the District, the City or the Bonds. All information contained in this Official Statement pertaining to the District and the City has been furnished by the City and the execution and delivery of this Official Statement has been duly authorized by the District and the City. CITY OF RANCHO CUCAMONGA, for itself and on behalf of CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT 2004-01 (RANCHO ETIW ANDA ESTATES) By: City Manager RVPUB\KSNOW\706629.1 58 999 APPENDIX A SUMMARY APPRAISAL REPORT RVPUB\KSNOW\706629.1 A-I j6bD APPENDIX B AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2004-01 OF THE CITY OF RANCHO CUCAMONGA (RANCHO ETIW ANDA ESTATES) A Special Tax hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in Community Facilities District No. 2004-01 of the City of Rancho Cucamonga ("CFD No. 2004-01") and collected each Fiscal Year commencing in Fiscal Year 2005-06, in an amount determined by the City Council of the City of Rancho Cucamonga, through the application of the Amended and Restated Rate and Method of Apportionment as described below. All of the real property in CFD No. 2004-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2004-01: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2004-01 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2004-01 or any designee thereof of complying with disclosure requirements applicable to CFD No. 2004-01 and/or the City associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2004-01 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from any escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2004-01 for any other administrative purposes of CFD No. 2004-01, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's parcel number. "Authorized Facilities" means those authorized improvements, as listed on Exhibit "A" to the Resolution of Formation. "Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2004-01 under the Act. RVPUB\KSNOW\706629.1 B-1 /6{)/ "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 2004-01" means Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) of the City of Rancho Cucamonga. "City" means.the City of Rancho Cucamonga. "Council" means the City Council of the City, acting as the legislative body ofCFD No. 2004-01. "County" means the County of San Bernardino. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Public' Property and Taxable Property Owner Association Property, for which a building permit for new construction was issued after March 1, 2004 and prior to March 1 of the prior Fiscal Year. "Fiscal Agent" means the trustee or fiscal agent under the Indenture. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the bond indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for a non-residential use. "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Indenture. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2004-01 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" shall be similarly applied to other categories of Taxable Property as listed in Section E below. "Public Property" means property within the boundaries of CPD No. 2004-01 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of-way has been granted to the federal government, the State of California, the County of San Bernardino, the City of Rancho Cucamonga, or any local government or other public agency, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel. RVPUB\KSNOW\706629.1 B-2 //)62 "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Resolution of Formation" means the Resolution of Formation adopted pursuant to Government Code Section 53325.1 for CFD No. 2004-01. 1'Special Tax" means the special tax to be levied in each Fiscal Year on. each Assessor's Parcel of Taxable Property within CFD No. 2004-01 to fund the Special Tax Requirement. "Special Tax Buydown" means a mandatory bond principal buydown payment made by the property owner to reduce the amount of Outstanding Bonds to compensate for a loss of Special Tax revenues resulting from the construction of fewer residential dwelling units, smaller residential dwelling units, or a modified amount of non-residential Acreage, as determined in accordance with Section D below. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2004-01 to: (i) pay debt service on all Outstanding Bonds; (ii) pay periodic costs' on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax levy on Undeveloped Property; (vi) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2004-01 which are not exempt from the Special Tax pursuant to law or Section F below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to the provisions of Section F below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to the provisions of Section F below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2004-01 shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and E below. Residential Property shall be assigned to Land Use Classes 1 through 5 and Non-Residential Property shall be assigned to Land Use Class 6. The Maximum Special Tax for Residential Property shall be based on the Residential Floor Area of the dwelling unites) located on the Assessor's Parcel. The Maximum Special Tax for Non-Residential Property shall be based on: the Acreage of the Assessor's Parcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. C. MAXIMUM SPECIAL TAX 1. Developed Property RVPUB\KSNOW\706629.1 B-3 /tJ6.3 (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property is shown below in Table 1. TABLE 1 Maximum Special Tax for Developed Property in Community Facilities District No. 2004-01 Land Use Class Description Residential Floor Area Maximum Special Tax 1 Residential Property more than 4,000 SF $5,555 per ,unit 2 Residential Property 3,801 - 4,000 SF $5,325 per unit 3 Residential Property 3,601 - 3,800 SF $5,151 per unit 4 Residential Property 3,400 - 3,600 SF $4,896 per unit 5 Residential Property less than 3,400 SF $4,410 per unit 6 Non-Residential Property NA $19,813 per Acre (b) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a) Maximum Special Tax The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $21,216 per Acre. RVPUB\KSNOW\706629.1 B-4 166 t/ D. SPECIAL TAX BUYDOWN All of the requirements of this Section D, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section D, shall only apply after the sale of Bonds by CFD No. 2004-01. The following definitions apply to this Section D: ~'Certificate of Satisfa~tion of Special Tax Buydown" means a certificate from the CFD Administrator stating that the property described in such certificate has sufficiently met the Special Tax Buydown Requirement for such property as calculated under this Section D. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal of a Request for Letter of Compliance by a property owner. "Special Tax Buydown Requirement" means the total amount of Special Tax Buydown necessary to be prepaid to permit the issuance of building permits listed in a Request for Letter of Compliance, as calculated under this Section D. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section D, Update Property shall be taxed as if it were already Developed Property during the current Fiscal Year. 1. Request for Letter of Compliance The CFD Administrator must submit a Letter of Compliance to the City for a specific Assessor's Parcel or lot prior to the issuance by the City of a building permit for the construction of any residential and/or non-residential development on that Assessor's Parcel or lot. If a Letter of Compliance has not yet been issued, and a property owner wishes to request a building permit for an Assessor's Parcel or lot, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits currently being requested, the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-residential parcel) associated with each building permit. 2. Issuance of Letter of Compliance Upon the receipt of a Request for Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes 1 through 6 as listed in Table 2 below, based on the type of use and the Residential Floor Area identified for each such building permit. - If the CFD Administrator determines (i) that the number of building permits requested for each Land Use Class, plus those building permits previously issued for each Land Use Class, will not cause the total number of residential units or non-residential Acreage within any such Land Use Class to exceed the number of units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 2004-01 shall not be less than 632, then a Letter of Compliance shall be submitted to the City by the CFD Administrator approving the issuance of the requested building permits. This Letter of Compliance shall be submitted to the City by the CFD Administrator within ten days of the submittal of the Request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total number of residential units or non- residential Acreage within any such Land Use Class to exceed the number of units or non-residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the cFD Administrator determine that changes in the development plan may cause a decrease in the number of residential dwelling units within CFD No. 2004-01 to below 632 dwelling units, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. RVPUB\KSNOW\706629.1 B-5 /005 TABLE 2 Expected Dwelling Units and Non-Residential Acreage per Land Use Class Community Facilities District No. 2004-01 Land Use Class Description Residential Floor A.rea Number ofU.nits/Acres 1 Residential Property more than 4,000 SF 70 units 2 Residential Property 3,801 - 4,000 SF 110 units 3 Residential Property 3,601 - 3,800 SF 185 units 4 Residential Property 3,401 - 3,600 SF 92 units 5 Residential Property less than 3,400 SF 175 units 6 Non-Residential Property NA 0.00 acres 3. Calculation of Special Tax Buydown If a Special Tax Buydown calculation is required as a result of item 2, above, the CFD Administrator shall review the current development plan for CFD No. 2004-01 in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2004-01, and shall prepare an updated version of Table 2 identifying the revised number of units or non-residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that results from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the Request for Letter of Compliance to assure the CFD's ability to collect special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus the cost of annual CFD administration. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step 1. Compute the sum of the Maximum Special Tax to be levied on all Developed Property and Update Property within CFD No. 2004-01, plus the sum of the Maximum Special Tax to be levied on all future development as identified in the current development plan as determined by the CFD Administrator in consultation with the property owner(s). Step 2. Determine the amount of Special Tax required to provide 110% debt servIce coverage on the Outstanding Bonds, plus any other costs associated with the Special Tax Requirement. Step 3. If the total sum computed pursuant to step 1 is greater than or equal to the amount computed pursuant to step 2, then no Special Tax Buydown will be required and a Letter of Compliance shall immediately be issued by the CFD Administrator for all of the building permits currently being requested. If the total sum computed . RVPUB\KSNOW\706629.1 B-6 /66b pursuant to step 1 is less than the amount computed pursuant to step 2, then continue to step 4. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pursuant to step 1 from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section 1.1, with the following exceptions: (i) skip Paragraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4 of the prepayment formula described in Section 1.1 shall equal the product of the quotient computed pursuant to step 4 above times the Previously Issued Bonds, as defined in Section 1.1; (iii) the Capitalized Interest Credit described in Paragraph 11 of Section 1.1 shall be $0; and (iv) any payments of the Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pursuant to the Indenture. The Special Tax Buydown computed under step 5 shall be billed directly to the property owner of each Assessor's Parcel identified in the Request for Letter of Compliance and shall be due within 30 days of the billing date. If the Special Tax Buydown is not paid within 45 days of the billing date, a delinquent penalty of 10 percent shall be added to the Special Tax Buydown. Upon receipt of the Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property. 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the Request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Special Tax Buydown, issue Letters of Compliance or any other actions required under Section D. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to the Maximum Special Tax for Taxable Property Owner Association Property; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property at up to the Maximum Special Tax for Taxable Public Property; RVPUB\KSNOW\706629.1 B-7 IDOl Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Maximum Special Tax in step one (above), when (i) the Council is no longer required to levy the Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2004-01 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2004-01 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2004-01. F. EXEMPTIONS No Special Tax shall be levied on up to 78.75 Acres of Public Property and/or Property Owner Association Property. Tax-exempt status will be irrevocably assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Property Owner Association Property its tax-exempt status will be revoked. Public Property or Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the third and fourth steps in Section E above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property or Taxable Property Owner Association Property. G. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2004-01. The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The Council may interpret this Amended and Restated Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. H. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2004-01 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parc~ls as permitted by the Act. I. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section I: "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD I ()tJ ~ B-8 RVPUB\KSNOW\706629.1 No. 2004-01 may only be prepaid after all authorized CFD No. 2004-01 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2004-01 Bonds (except refunding bonds) to be supported by Special Taxes levied under this Amended and Restated Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2004-01 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus less less Total: equals Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for th~ Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel. 3. Divide the Maximum SpeCial Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for CFD No. 2004-01 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in CFD No. 2004-01, excluding any Assessor's Parcels which have been prepaid; and 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid; and 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100%), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium"). 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date not covered by the current Fiscal Year Special Taxes until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year that have not yet been paid. RVPUB\KSNOW\706629.1 B-9 I () 69 8. Add the amounts computed pursuant to paragraphs 6 and 7. 9. Compute the net present value of the amount computed pursuant to paragraph 8, using as a discount rate the rate of return reasonably assumed for the conservative investment of these funds by the CFD Administrator (the "Defeasance A.mount"). 10. The administrative fees and expenses of CFD No. 2004-01 are as calculated. by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2004-01 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture). 12. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first bond interest and/or principal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9, and 10, less the amounts computed pursuant to paragraphs II and 12 (the "Prepayment Amount"). From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 9, 10,11 and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment of the Special Tax. The Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2004-01 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2004- 01 Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in full in accordance with this Section I., the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 04-1 (after excluding 78.75 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and after the proposed prepayment is at least 1.1 times RVPUB\KSNOW\706629.1 B-IO /o/() the maximum annual debt semce on all Previously Issued Bonds, plus the cost of annual CFD administration. J. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year .2005-06, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2004-01 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. RVPUB\KSNOW\706629.1 B-11 /01/ APPENDIX C SUMMARY OF THE FISCAL AGENT AGREEMENT [TO BE UPDATED] The following is a summary of certain provisions of the Fiscal. Agent Agreement not otherwise described in the text of this Official Statement. This summary is not intended to be definitive, and reference is made to the text of the Fiscal Agent Agreement for the complete provisions thereof DEFINITIONS The following are some of the terms which are defined in the Fiscal Agent Agreement (the "Agreement"). Except as defined below, the terms previously defined in this Official Statement have the meanings previously given. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Sections 53311 et seq. of the California Government Code. "Administrative Expense Fund" means the fund by that name established by Fiscal Agent Agreement. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of the CFD: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, the CFD or any designee of either thereof of complying with arbitrage rebate requirements; the costs to the City, the CFD or any designee of either thereof of complying with City, CFD or obligated persons disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs ofthe City, the CFD or any designee of either thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for any other administrative purposes of the CFD, including reasonable attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Administrative Expense Requirement" means an annual amount, initially equal to $40,000, to be allocated each Fiscal Year for payment of Administrative Expenses. This amount shall be annually adjusted upward by 2% per year. "Agreement" means the Fiscal Agent Agreement, as it may be amended or supplemented from time to time by any Supplemental Agreement adopted pursuant to the provisions of the Fiscal Agent Agreement. "Annual Debt Service" means, for each Bond Year, the sum of (i) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled (including by reason of the provisions of the Fiscal Agent Agreement providing for mandatory sinking fund payments), and (ii) the principal amount of the Outstanding Bonds due in such Bond Year (including any mandatory sinking fund payment due in such Bond Year pursuant to the Fiscal Agent Agreement. "AcquisitionlFinancing Agreement" means the Acquisition/Financing Agreement by and between the City and , dated as of , 20_. "Auditor" means the Auditor-Controller of the County. "Authorized Officer" means the City Manager or the Director of Finance, acting on behalf of the CFD" or any person designated by the City Council, the City Manager or the Director of Finance and authorized to act RVPUB\KSNOW\706629.1 C-1 /012 on behalf of the CFD under orpwith respect to the Fiscal Agent Agreement and all other agreements related thereto. "Average Annual Debt Service" means the average over all Bond Years (from the date of the Bonds to their maturity) of Annual Debt Service. "Bond Counsel" means any attorney or firm of attorneys acceptable to the City and nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities. "Bond Fund" means the fund by that name established by the Fiscal Agent Agreement. "Bond Register" means the books for the registration and transfer of Bonds maintained by the Fiscal Agent under the Fiscal Agent Agreement. "Bond Year" means the one-year period beginning on September 1 st in each year and ending on the day prior to September 1st in the following year, except that the first Bond Year shall begin on the Closing Date for the Bonds and end on August 31, 2007. "Bonds" means the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds at any time Outstanding under the Fiscal Agent Agreement or any Supplemental Agreement. "Business Day" means any day other than (i) a Saturday or a Sunday, or (ii) a day on which banking institutions in the state in which the Fiscal Agent has its Principal Office are authorized or obligated by law or executive order to be closed. "CDIAC" means the California Debt and Investment Advisory Commission of the office of the State Director of Finance of the State of California or any successor agency or bureau thereto. "CFD" or "District" means the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates), formed by the City under the Act and the Resolution of Formation. "City" means the City of Rancho Cucamonga, California, and any successor thereto. "City Attorney" means any attorney or firm of attorneys employed by the City in the capacity of city attorney. "City Council" means the City Council of the City. "City Manager" means the City Manager of the City, acting for and on behalf of the CFD. "Closing Date" means June _, 2006, being the date upon which there is a delivery of the Bonds in exchange for the amount representing the purchase price of the Bonds by the Original Purchaser. "Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced in the Fiscal Agent Agreement) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. "Commission" means the United States Securities and Exchange Commission. "Comptroller of the Currency" means the Comptroller of the Currency of the United States. "Costs of Issuance" means items of expense payable or reimbursable directly or indirectly by the City and related to the authorization, sale and issuance of the Bonds, which items of expense shall include~ but not be limited to, the printing costs, costs of reproducing and binding documents, cl~sing costs, filing and recording RVPUB\KSNOW\706629.1 C-2 I () J 3 fees, initial fees and charges of the Fiscal Agent including its first annual administration fee, expenses incurred by the City in connection with the issuance of the Bonds and the expenses of the City in connection with the establishment of the CFD, special tax consultant fees and expenses, preliminary engineering fees and expenses, legal fees and charges, including Bond Counsel fees, financial consultant fees, appraiser fees and expenses, absorption consultant fees and expenses, charges for execution, transportation and safekeeping of the Bonds and other costs, charges and fees in connection with the foregoing. "Costs of Issuance Fund" means the fund by that name established by the Fiscal Agent Agreement. "County" means the County of San Bernardino, California. "Debt Service" means the scheduled amount of interest and amortization of principal payable by reason of the Fiscal Agent Agreement on the Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. "Depository" means (a) initially, DTC, and (b) any other Securities Depository acting as Depository pursuant to the Fiscal Agent Agreement. "Developer" shall mean the developer of the property within the District. , or its successor or assign as "Director of Finance" means the Director of Finance ofthe City, acting for and on behalf of the CFD. "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns. "Fair Market Value" means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security-State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) the investment is the Local Agency Investment Fund of the State of California but only if at all times during which the investment is held its yield is reasonably expected to be equal to or greater than the yield on a reasonably comparable direct obligation of the United States. "Federal Securities" means any of the following which are non-callable and which at the time of investment are legal investments under the laws of the State of California for funds held by the Fiscal Agent: (i) direct general obligations of the United States of America (including obligations issued or held in book entry form on the books of the United States Department of the Treasury) and obligations, the payment of principal of and interest on which are directly or indirectly guaranteed by the United States of America, including, without limitation, such of the foregoing which are commonly referred to as "stripped" obligations and coupons; or (ii) any of the following obligations of the following agencies of the United States of America: (a) direct obligations of the Export-Import Bank, (b) certificates of beneficial ownership issued by the Farmers Home Administration, (c) participation certificates issued by the General Services Administration, (d) mortgage-backed bonds or pass-through obligations issued and guaranteed by the Government National Mortgage Association, (e) project notes issued by the United States Department of Housing and Urban Development, and (f) public housing notes and bonds guaranteed by the United States of America. RVPUB\KSNOW\706629.1 C-3 /0/'-1 "Fiscal Agent" means the Fiscal Agent appointed by the City and acting as an independent fiscal agent' with the duties and powers in the Fiscal Agent Agreement provided, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in the Fiscal Agent Agreement. "Fiscal Year" means the twelve-month period extending from July I in a calendar year to June 30 of the succeeding year, both dates inclusive. "Flood Control Easement" means the Easement recorded on January 31, 1941 in Book 1450, Page 406, San Bernardino County Official Records. "Government Obligations" means obligations described in paragraph 1 of the definition of Permitted Investments. "Independent Financial Consultant" means any consultant or firm of such consultants appointed by the City or the Director of Finance, and who, or each of whom: (i) is judged by the Director of Finance to have experience in matters relating to the issuance and/or administration of bonds under the Act; (ii) is in fact independent and not under the domination of the City; (iii) does not have any substantial interest, direct or indirect, with or in the City, or any owner of real property in the CFD, or any real property in the CFD; and (iv) is not connected with the City as an officer or employee of the City, but who may be regularly retained to make reports to the City. "Information Services" means Financial Information, Inc.'s "Daily Called Bond Service", 30 Montgomery Street, 10th Floor, Jersey City, New Jersey 07302, Attention: Editor; Kenny Information Services' "Called Bond Service", 65 Broadway, 16th Floor, New York, New York 10006; Moody's Investors Service "Municipal and Government", 99 Church Street, New York, New York 10007, Attention: Municipal News Reports; Standard & Poor's Corporation "Called Bond Record", 25 Broadway, 3rd Floor, New York, New York 10004; and, in accordance with then current guidelines of the Commission, such other addresses and/or such services providing information with respect to called bonds as the City may designate in an Officer's Certificate delivered to the Fiscal Agent. "Interest Account" means the account within the Bond Fund by that name established pursuant to the Fiscal Agent Agreement. "Interest Payment Dates" means March 1 and September 1 of each year, commencing September 1, 2006. "Legislative Body" means the City Council of the City acting as the legislative body of the CFD. "Maximum Annual Debt Service" means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds. "Moody's" means Moody's Investors Service, and its successor's and assigns. "Officer's Certificate" means a written certificate of the City signed by an Authorized Officer of the City. "Ordinance" means Ordinance No. 735 of the City of Rancho Cucamonga, adopted by the City Council on October 6, 2004, effective November 6, 2004. "Original Purchaser" means Stone & Youngberg LLC. "Outstanding," when used as of any particular time with reference to Bonds, means (subject to the provisions of the Fiscal Agent Agreement) all Bonds except: (i) cancellation; RVPUB\KSNOW\706629.1 Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for C-4 / D/ 5 (ii) Bonds paid or deemed to have been paid within the meaning of the Fiscal Agent Agreement; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the City pursuant to the Fiscal Agent Agreement or any Supplemental Agreement. "Owner" or "Bondowner" means any Person who shall be the registered owner of any Outstanding Bond. "Permitted Investments" means any of the following which at the time of investment are legal investments under the laws of the State for the moneys proposed to be invested therein (the Fiscal Agent shall be entitled to rely upon any written investment direction from an Authorized Officer of the CFD as a certification to the Fiscal Agent that such investment constitutes a Permitted Investment): 1. A. Direct obligations (other than an obligation subject to variation in principal payment) of the United States of America ("United States Treasury Obligations"); B. Obligations fully and unconditionally guaranteed as to timely payment of principal and interest by the United States of America; C. Obligations fully and unconditionally guaranteed as to timely payment of principal and interest by any agency or instrumentality of the United States of America when such obligations are backed by the full faith and credit of the United States of America, or D. Evidences of ownership of proportionate interests in future interest and principal payments on obligations described above held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying government obligations are not available to any Person claiming through the custodian or to whom the custodian may be obligated. 2. Federal Housing Administration debentures. 3. The listed obligations of government-sponsored agencies which are not backed by the full faith and credit of the United States of America: A. Federal Home Loan Mortgage Corporation (FHLMC) (1) Participation certificates (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts) (2) Senior debt obligations B. Farm Credit Banks (formerly: Federal Land Banks, Federal Intermediate Credit Banks and Banks for Cooperatives) (1) Consolidated system-wide bonds and notes RVPUB\KSNOW\706629.1 C-5 ) b/h C. Federal Home Loan Banks (FHL Banks) (1) Consolidated debt obligations D. Federal National Mortgage Association (FNMA) (1) Senior debt obligations (2) Mortgage-backed securities (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts) E. Student Loan Marketing Association (SLMA) (1) Senior debt obligations (excluded are securities that do not have a fixed par value and/or whose terms do not promise a fixed dollar amount at maturity or call date) F. Financing Corporation (FICO) (1) Debt obligations G. Resolution Funding Corporation (REFCORP) (1) Debt obligations 4. Unsecured certificates of deposit, time deposits, and bankers' acceptances (having maturities of not more than 30 days) of any bank (including the Fiscal Agent and its affiliates) the short-term obligations of which are rated "A-I" or better by S&P. 5. Deposits the aggregate amount of which are fully insured by the Federal Deposit Insurance Corporation (FDIC), in banks which have capital and surplus of at least $5 mi'llion (including the Fiscal Agent and its affiliates). 6. Commercial paper (having original maturities of not more than 270 days) rated "A-I" by S&P and "Prime-I" by Moody's. 7. Money market funds rated "AAm-1" or "AAm-G" by S&P, or better. 8. State Obligations, which means: A. Direct general obligations of any state of the United States of America or any subdivision or agency thereof to which is pledged the full faith and credit of a state the unsecured general obligation debt of which is rated "A3" by Moody's and "A" by S&P, or better, or any obligation fully and unconditionally guaranteed by any state, subdivision or agency whose unsecured general obligation debt is so rated. B. Direct general short-term obligations of any state agency or subdivision or agency thereof described in (A) above and rated "A-1+" by S&P and "Prime-I" by Moody's. C. Special Revenue Bonds (as defined in the United States Bankruptcy Code) of any state, , state agency or subdivision described in (A) above and rated "AA" or better by S&P and "AA" or better by Moody's. RVPUB\KSNOW\706629.1 C-6 16/1 9. Pre.refunded municipal obligations rated "AAA" by S&P and "AAA" by Moody's meeting the following requirements: A. the municipal obligations are (1) not subject to redemption prior to maturity or (2) the trustee/fiscal agent for the municipal obligations has been given irrevocable instructions concerning their call and redemption and the issuer of the municipal obligations has covenanted not to redeem such municipal obligations other than as set forth in such instructions; B. the municipal obligations are secured by cash or United States Treasury Obligations which may be applied only to payment of the principal of interest and premium on such municipal obligations; C. the principal of and interest on the United States Treasury Obligations (plus any cash in the escrow) has been verified by the report of independent certified public accountants to be sufficient to pay in full all principal of, interest, and premium, if any, due and to become due on the municipal obligations; D. the cash or United States Treasury Obligations serving as security for the municipal obligations are held, by an escrow agent or trustee/fiscal agent in trust for owners of the m!ll1icipal obligations; E. no substitution of a United States Treasury Obligation shall be permitted except with another United States Treasury Obligation and upon delivery of a new verificatjon; and F. the cash or United States Treasury Obligations are not available to satisfy any other claims, including those by or against the trustee/fiscal agent or escrow agent. 10. Investment agreements with a domestic or foreign bank or corporation the long-term debt or financial strength of which, it or its guarantor is rated at least "AA-" by S&P and "Aa3" by Moody's; provided that, by the terms of the investment agreement: A. the invested funds are available for withdrawal without penalty or premium, upon not more than seven days' prior notice; the CFD and the Fiscal Agent agree, pursuant to the Fiscal Agent Agreement, to give or cause to be given notice in accordance with the terms of the investment agreement so as to receive funds thereunder with no penalty or premium paid; B. the investment agreement shall state that it is the unconditional and general obligation of and is not subordinated to any other obligation of, the provider thereof, or, in the case of a bank, that the obligation of the bank to make payments under the agreement ranks pari passu with the obligations of the bank to its other depositors and its other unsecured and unsubordinated creditors; C. the CFD and the Fiscal Agent receives the opinion of domestic counsel that such investment agreement is legal, valid, binding and enforceable upon the provider in accordance with its terms and of foreign counsel (if applicable); D. the investment agreement shall provide that if during its term (1) the provider's rating by either S&P or Moody's falls below "AA-" or "Aa3", respectively, the provider shall, at its option, within 1 0 days of receipt of publication of such downgrade, either (a) collateralize the investment agreement by delivering or transferring in accordance with applicable state and federal laws (other than by means of entries on the provider's books) to the CFD, the Fiscal Agent or a Holder of the Collateral free and clear of any third- RVPUB\KSNOW\706629.1 C-7 /D/~ party liens or claims the market value of which collater~l is maintained at levels and upon such conditions as would be acceptable to S&P and Moody's to maintain an "A" rating in an "A" rated structured financing (with a market value approach); or (b) transfer and assign the investment agreement to a then qualifying counterparty , which is to be approved by the CFD, with ratings specified above; and (2) the provider's rating by either S&P or Moody's is withdrawn or suspended or. falls below "A-" or "A3", respectively, the provider must, at the direction of the CFD or the Fiscal Agent, within 10 days of receipt of such direction, repay the principal of and accrued but unpaid interest on the investment; E. the investment agreement shall state and an opinion of counsel shall be rendered, in the event collateral is required to be pledged by the provider under the terms of the investment agreement, at the time such collateral is delivered, that the Holder of the Collateral has a perfected first priority security interest in the collateral, any substituted collateral and all proceeds thereof (in the case of bearer securities, this means the Holder of the Collateral is in possession); F. the investment agreement must provide that if during its term (1) the provider shall default in its payment obligations, the provider's obligations under the investment agreement shall, at the direction of the CFD or the Fiscal Agent, be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the CFD or Fiscal Agent, as appropriate, and (2) the provider shall become insolvent, not pay its debts as they become due, be declared or petition to be declared bankrupt, etc. the provider's obligations shall automatically be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the CFD or Fiscal Agent, as appropriate. 11. The Local Agency Investment Fund (LAIF) administered by the Director of Finance of the State to the extent such deposits remain in the name of and control of the Fiscal Agent. "Person" means an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization or a government or any agency or political subdivision thereof. "Principal Account" means the account within the Bond Fund by that name established pursuant to the Fiscal Agent Agreement. "Principal Office" means the office of the Fiscal Agent at Los Angeles, California or such other offices as may be specified to the City and the CFD by the Fiscal Agent in writing. "Project" means the facilities more particularly described in the AcquisitionlFinancing Agreement. "Project Fund" means the fund by that name created by and held by the Fiscal Agent pursuant to the Fiscal Agent Agreement. "Rate and Method" means the Rate and Method of Apportionment of the Special Taxes set forth in the Ordinance. "Rebate Fund" means the fund by that name established pursuant to the Fiscal Agent Agreement. "Record Date" means the fifteenth day of the month next preceding the month of the applicable Interest Payment Date, whether ornot such day is a Business Day. "Redemption Fund" means the fund by that name established pursuant to the Fiscal Agent Agreement. RVPUB\KSNOW\706629.1 C-8 / () /1 "Reserve Fund" means the fund by that name established pursuant to the Fiscal Agent Agreement. "Reserve Requirement" means: (a) as of any date of calculation, an amount not to exceed the lesser of (i) Maximum Annual Debt Service on the Outstanding Bonds, (ii) one hundred twenty-five percent (125%) of Average Annual Debt Service on the Outstanding Bonds, or (iii) ten percent (10%) of the face amount of the Bonds. adopted by the City. Council of the City on April _, "Resolution" means Resolution No. 2006. "Resolution of Formation" means Resolution No. 04-295 adopted by the City Council on September 15, 2004. "Restricted Parcels" shall mean all parcels within the District which are encumbered by the Flood Control Easement. "S&P" means Standard & Poor's Rating Services, a division of the McGraw Hill Companies, Inc. and its successors and assigns. "Securities Depositories" means The Depository Trust Company, 55 Water Street, 50th Floor, New York, New York 10041, Attention: Call Notification Department, Fax-(212) 855-7232; and, in accordance with then current guidelines of the Commission, such other addresses and/or such other securities depositories as the City may designate in an Officer's Certificate delivered to the Fiscal Agent. "Special Tax" or "Special Taxes" means the Special Tax as defined in the Rate and Method authorized to be levied within the CFD pursuant to the Act, the Ordinance and the Fiscal Agent Agreement. "Special Taxes" do not include Special Tax B as defined in the Rate and Method. "Special Tax Fund" means the fund by that name established by the Fiscal Agent Agreement. "Special Tax Prepayments" means the proceeds of any Special Tax prepayments received by the City, as calculated pursuant to Section H of the Rate and Method, less any administrative fees or penalties collected as part of any such prepayment. "Special Tax Revenues" means the proceeds of the Special Taxes received by the City, including any scheduled payments and any prepayments thereof, interest thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes to the amount of said lien and interest thereon. "Special Tax Revenues" does not include any penalties collected in connection with delinquent Special Taxes. "State" means the State of California. "Supplemental Agreement" means an agreement the execution of which is authorized by a resolution which has been duly adopted by the City Council under the Act and which agreement is amendatory of or supplemental to the Fiscal Agent Agreement, but only if and to the extent that such agreement is specifically authorized thereunder. "Tax Consultant" means David Taussig & Associates, Inc. or another independent financial or tax consultant retained by the City for the purpose of computing the Special Taxes. FUNDS AND ACCOUNTS Project Fund RVPUB\KSNOW\706629.1 C-9 IDlD Establishment of Project Fund. There is established by the Fiscal Agent Agreement, as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Project Fund to the credit of which deposits shall be made as required by the Fiscal Agent Agreement. The Fiscal Agent may establish such temporary funds or accounts on its records as it may deem appropriate to facilitate such deposits and transfers. Moneys in the Project Fund shall be held in trust by the Fiscal Agent for the benefit of the City, and shall be disbursed, except as otherwise provided in the Fiscal Agent Agreement, solely for the payment or. reimbursement of costs of the Project. Procedure for Disbursement for Project Costs. The Fiscal Agent shall make disbursements from the Project Fund upon receipt of an Officer's Certificate, in substantially the form set forth in Exhibit B to the Fiscal Agent Agreement, attached thereto and incorporated therein by reference, which shall: (i) set forth the amount required to be disbursed; the purpose for which the disbursement is to be made; that the disbursement is a proper expenditure from the Project Fund; and the Person to which the disbursement is to be paid; and (ii) certify that no portion of the amount then being requested to be disbursed was set forth in any Officer's Certificate previously filed requesting a disbursement. Transfers to the Bond Fund. On any Interest Payment Date, if there is a deficiency in the Bond Fund of the amount then required for payment of the principal of, and interest and any premium on, the Bonds after all available amounts in the Reserve Fund have been transferred to the Bond Fund pursuant to the Fiscal Agent Agreement, the City may, but is not required to, direct the Fiscal Agent to transfer moneys from the Project Fund to the Bond Fund pursuant to an Officer's Certificate which shall set forth the amount to be transferred. Investment. Moneys in the Project Fund shall be invested and deposited in accordance with the Fiscal Agent Agreement. Interest earnings and profits resulting from such investment shall be invested and deposited and shall be retained in the Project Fund to be used for the purposes thereof. Transfer of Funds not Required for Project. Upon the filing of an Officer's Certificate stating that the Project has been completed and that all costs of the Project have been paid, or that any such costs are not required to be paid from the Project Fund, the Fiscal Agent shall transfer the amount, if any, remaining in the Project Fund to the Special Tax Fund. Transfer of Funds in case of Abandonment. Upon the filing of an Officer's Certificate stating that the Authorized Officer has determined in his sole discretion that work necessary to construct and complete the Project has ceased for a continuous period of over six months such that the construction of the Project effectively has been abandoned, or that for any reason all or any portion of the amounts then on deposit in the Project Fund will not be expended for Project costs, the Fiscal Agent shall transfer the amounts in the Project Fund as set forth in the Fiscal Agent Agreement. Costs of Issuance Fund Establishment of Costs of Issuance Fund. There is established by the Fiscal Agent Agreement, as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Costs of Issuance Fund, to the credit of which a deposit shall be made as required by the Fiscal Agent Agreement. Moneys in the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in the Fiscal Agent Agreement for the payment or reimbursement of Costs of Issuance. Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed from time to time to pay Costs of Issuance, as set forth in a requisition containing respective amounts to be paid to the designated payees, signed by an Authorized Officer and delivered to the Fiscal Agent concurrently with the delivery of the Bonds. The Fiscal Agent shall pay all Costs of Issuance after receipt of an invoice from any such payee which requests RVPUB\KSNOW\706629.1 C-1O /tJ1./ payment in an amount which is less than or equal to the amount set forth with respect to such payee pursuant to an Officer's Certificate requesting payment of Costs of Issuance. The Fiscal Agent shall maintain the Costs of Issuance Fund for a period of 180 days from the date of delivery of the Bonds and then shall transfer any moneys remaining therein, including any investment earnings thereon, to the Project Fund. Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited in accordance with the Fiscal Agent Agreement. Interest earnings and profits resulting from said investment shall be retained by the Fiscal Agent in the Costs ofIssuance Fund to be.used for the purposes of such fund. Reserve Fund Establishment of Fund. There is established by the Fiscal Agent Agreement, as a separate fund to be held by the Fiscal Agent the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Reserve Fund, to the credit of which Fund a deposit shall be made as required by the Fiscal Agent Agreement which deposit is equal to the Reserve Requirement as of the Closing Date for the Bonds, and deposits shall be made as provided in the Fiscal Agent Agreement). Moneys in the Reserve Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds as a reserve for the payment of principal of, and interest and any premium on, the Bonds and shall be subject to a lien in favor of the Owners of the Bonds. Use of Funds. Except as otherwise provided in the Fiscal Agent Agreement, all amounts deposited in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Bond Fund in the event of any deficiency at any time in the Bond Fund of the amount then required for payment of the principal of, and interest and any premium on, the Bonds or, in accordance with the provisions of the Fiscal Agent Agreement, for the purpose of redeeming Bonds from the Bond Fund. Transfer Due to Deficiency in Bond Fund. Whenever transfer is made from the Reserve Fund to the Bond Fund due to a deficiency in the Bond Fund, the Fiscal Agent shall provide written notice thereof to the Director of Finance, specifying the amount withdrawn. Transfer of Excess of Reserve Requirement. If on any September 1, or the first Business Day thereafter if September 1 is not a Business Day, of each year, the amount in the Reserve Fund exceeds the Reserve Requirement, the Fiscal Agent shall, as directed in an Officer's Certificate, transfer an amount equal to the excess from the Reserve Fund to the Interest Account of the Bond Fund to be used for the payment of interest on the Bonds on the next Interest Payment Date in accordance with the Fiscal Agent Agreement. Transfer When Balance Exceeds Outstanding Bonds. Whenever the balance in the Reserve Fund exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall transfer the amount in the Reserve Fund to the Redemption Fund to be applied to the payment and redemption, in accordance with the Fiscal Agent Agreement, of all of the Outstanding Bonds. In the event that the amount so transferred from the Reserve Fund to the Redemption Fund exceeds the amount required to pay and redeem the Outstanding Bonds, the balance in the Redemption Fund shall be transferred to the CFD to be used for any lawful purpose of the CFD. Notwithstanding the foregoing, no amounts shall be transferred from the Reserve Fund pursuant to the Fiscal Agent Agreement the calculation of any amounts due to the federal government pursuant to the Fiscal Agent Agreement following payment of the Bonds and withdrawal of any such amount from the Reserve Fund for purposes of making such payment to the federal government, and (ii) payment of any fees and expenses due to the Fiscal Agent. Transfer Upon Special Tax Prepayment. Whenever Special Taxes are prepaid and Bonds are to be redeemed with the proceeds of such prepayment pursuant to the Fiscal Agent Agreement, a proportionate amount in the Reserve Fund (determined on the basis of the principal of Bonds to be redeemed and the then principal of the Bonds Outstanding) shall be transferred upon. such prepayment by the Fiscal Agent to the Redemption Fund or the Interest Account of the Bond Fund, as applicable, to be applied to the redemption of the RVPUB\KSNOW\706629.1 C-ll J D22 Bonds pursuant to written instructions contained in an Officer's Certificate in accordance with the Fiscal Agent Agreement. Investment and Transfer to Pay Rebate. Moneys in the Reserve Fund shall be invested and deposited in accordance with the Fiscal Agent Agreement. All Permitted Investments in the Reserve Fund shall be valued at their Fair Market Value at least semiannually on March 1 and September 1. Interest earnings and profits resulting from said investment shall be used as required by the CFD to comply with the Fiscal Agent Agreement. No earnings on amounts in the Reserve Fund shall be used by the CFD to comply with the Fiscal. Agent Agreement unless the amount on deposit in the Reserve Fund is equal to the Reserve Requirement. Bond Fund Establishment of Bond Fund and Interest Account and Principal Account. There is established by the Fiscal Agent Agreement, as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Bond Fund, and within such Fund two accounts, the Interest Account and the Principal Account, to the credit of which deposits shall be made as required by the Fiscal Agent Agreement, and any other amounts required to be deposited therein by the Fiscal Agent Agreement or the Act. Moneys in the Bond Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds. Disbursements. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Interest Account of the Bond Fund and pay to the Owners of the Bonds the interest then due and payable on the Bonds, including any interest due on the Bonds being redeemed pursuant to the Fiscal Agent Agreement. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Principal Account of the Bond Fund and pay to the Owners of the Bonds the principal of the Bonds at the maturity thereof or the principal of the term Bonds upon the mandatory sinking fund redemption thereof pursuant to the Fiscal Agent Agreement. Investment. Moneys in the Bond Fund shall be invested and deposited in accordance with the Fiscal Agent Agreement. Interest earnings and profits resulting from the investment and deposit of amounts in the Bond Fund shall be retained in the Bond Fund and used for purposes of such fund. Special Tax Fund Establishment of Special Tax Fund. There is established by the Fiscal Agent Agreement, as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Special Tax Fund. Moneys in the Special Tax Fund shall be held in trust by the Fiscal Agent for the benefit of the CFD and the Owners of the Bonds, shall be disbursed as provided below and, pending disbursement, shall be subject to a lien in favor of the Owners of the Bonds and the CFD. No later than the tenth (10th) Business Day after which Special Tax Revenues have been received by the City, and in any event not later than February 15th and August 15th of each year, the City shall transfer such Special Tax Revenues to the Fiscal Agent, less an amount equal to the Administrative Expense Requirement, and, except as set forth in the following sentence, such amounts shall be deposited in the Special Tax Fund. Disbursements. With the exception of the Special Tax Revenues representing Special Tax Prepayments which shall be transferred pursuant to the Fiscal Agent Agreement, below, the Special Tax Revenues deposited in the Special Tax Fund shall be deposited in the following accounts of the Special Tax Fund or transferred to the following other funds and accounts on the dates and in the amounts set forth in the following paragraph and in the following order of priority: 1. The Fiscal Agent shall deposit in the Interest Account of the Bond Fund, on each Interest Payment Date and date for redemption of the Bonds, an amount required to cause the aggregate amount on deposit in the Interest Account to equal the amount of interest due or becoming due RVPUB\KSNOW\706629.1 C-12 /023 and payable on such Interest Payment Date on all Outstanding Bonds or to be paid on the Bonds being redeemed on such date. 2. The Fiscal Agent shall deposit in the Principal Account of the Bond Fund, on each Interest Payment Date and redemption date on which principal of the Bonds, including sinking fund payments, shall be payable an amount required to cause the aggregate amount on deposit in the Principal Account to equal the principal amount of, and premium (if any) on, the Bonds coming due. and payable on such Interest Payment Date, or required to be redeemed on such date pursuant to the Fiscal Agent Agreement. 3. On or after March 2 and September 2 of each year after making the transfer and deposits required under paragraphs 1 and 2 above, the Fiscal Agent shall transfer the amount, if any, necessary to replenish the amount then on deposit in the Reserve Fund to an amount equal to the Reserve Requirement. 4. On or after September 2 of each year after making the deposits and transfers required under paragraphs 1 through 3 above, upon receipt of written instructions from an Authorized Officer, the Fiscal Agent shall transfer from the Special Tax Fund to the Rebate Fund the amount specified in such request. 5. On or after September 2 of each year after making the deposits and transfers required under paragraphs 1 through 4 above, upon receipt of a written request of an Authorized Officer, the Fiscal Agent shall transfer from the Special Tax Fund to the Director of Finance for deposit in the Administrative Expense Fund the amounts specified in such request to pay those Administrative Expenses which the CFD reasonably expects (a) will become due and payable during such Fiscal Year or the cost of which Administrative Expenses have previously been incurred and paid by the CFD from funds other than the Administrative Expense Fund and (b) the cost of which Administrative Expenses will be in excess of the Administrative Expense Requirement for such Fiscal Year. 6. If, on or after September 2 of each year, after making the deposits and transfers required under paragraphs 1 through 5 above, moneys remain in the Special Tax Fund, such moneys shall remain on deposit in the Special Tax Fund and shall be subsequently deposited or transferred pursuant to the provisions of paragraphs 1 through 5 above. Prepayments. The Fiscal Agent shall, upon receipt of Special Tax Revenues representing Special Tax Prepayments together with written instructions of the CFD executed by an Authorized Officer, immediately transfer such Special Tax Prepayments pursuant to such written instructions into the Interest Account of the Bond Fund and the Redemption Fund, as applicable, and utilize such funds to pay the interest and premium, if any, on and principal of Bonds to be redeemed pursuant to the Fiscal Agent Agreement. The Fiscal Agent may conclusively rely upon such instructions. Investment. Moneys in the Special Tax Fund shall be invested and deposited in accordance with the Fiscal Agent Agreement. Interest earnings and profits resulting from such investment and deposit shall be transferred to the Special Tax Fund to be used for the purposes thereof. Transfer to Redemption Fund. Any Officer's Certificate issued pursuant to the Fiscal Agent Agreement (other than an Officer's Certificate issued more than one year prior to the first date on which optional redemption of Bonds is permitted pursuant to the Fiscal Agent Agreement) may direct that all or any portion of the funds which would otherwise be transferred to the Special Tax Fund be transferred to the Redemption Fund, in which case the Fiscal Agent shall apply such amounts in accordance with the Fiscal Agent Agreement as directed in an Officer's Certificate. Transfer to the CFD. When there are no longer any Bonds Outstanding, any amounts then remaining on deposit in the Special Tax Fund shall be transferred to the CFn and used for any lawful purpose under the Act. RVPUB\KSNOW\706629.1 C-13 !62lf Administrative Expense Fund Establishment of Administrative Expense Fund. There is established by the Fiscal Agent Agreement, as a separate fund to be held by the Director of Finance, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Administrative Expense Fund to the credit of which deposits shall be made as required by the Fiscal Agent Agreement. Moneys in the Administrative Expense Fund shall be held in trust by the Director of Finance for the benefit of the CFD and shall be used to pay Administrative Expenses from time to time. Investment. Moneys in the Administrative Expense Fund shall be invested and deposited in accordance with the Fiscal Agent Agreement. Interest earnings and profits resulting from said investment shall be retained by the Director of Finance in the Administrative Expense Fund to be used for the purposes thereof. Rebate Fund There is established by the Fiscal Agent Agreement, as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Rebate Fund. The Rebate Fund shall be held and maintained by the Fiscal Agent. On September 15 of each year (or at such other times and or such other intervals as may be required or permitted by regulations of the United States Internal Revenue Service), the City shall determine whether any portion of investment earnings from any account established by the Fiscal Agent Agreement must be rebated to the United States pursuant to Section 148 of the Code. At the written direction of the CFD, any amounts required to be rebated will be transferred from any available source, including the Special Tax Fund pursuant to the Fiscal Agent Agreement, to the Rebate Fund. The City is authorized to retain independent attorneys, accountants and other consultants to assist in . complying with the requirements of the Code, and the fees of such consultants may be paid from the Administrative Expense Account. The Fiscal Agent may rely conclusively upon the City's determinations, calculations and certifications required by the Fiscal Agent Agreement. The Fiscal Agent shall have no responsibility to make any independent calculation or determination or to review the City's calculations thereunder. Amounts in the Rebate Fund shall be invested without yield restriction and shall be held in trust for rebate to the United States at the written direction of the Director of Finance. Earnings on the Rebate Fund are to remain in that account and shall similarly be held in trust for rebate to the United States. Redemption Fund Establishment of Redemption Fund. There is established by the Fiscal Agent Agreement, as a separate. fund to beheld in trust by the Fiscal Agent for the Owners of the Bonds, the Community Facilities District 2004- 01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, Redemption Fund, to the credit of which deposits shall be made from funds received by the City representing Special Tax Prepayments and other funds required for redemptions, other than mandatory sinking fund redemptions and which shall be administered as provided below. Disbursement. Moneys shall be deposited into the Redemption Fund by the Fiscal Agent pursuant to the terms of the Fiscal Agent Agreement and shall be set aside and used solely for the purpose of redeeming Bonds in accordance with written instructions of the CFD executed by an Authorized Officer given in accordance with the Fiscal Agent Agreement. Following the redemption of any Bonds, if any funds remain in the Redemption Fund, such funds shall be transferred to the Special Tax Fund. Investment. Moneys in the Redemption Fund shall be invested and deposited in accordance with the Fiscal Agent Agreement. Interest earnings and profits resulting from such investment and deposit shall be retained in the Special Tax Fund to be used for the purposes thereof. OTHER COVENANTS OF THE CITY RVPUB\KSNOW\706629.1 C-14 / DJ. 5 Punctual Payments The City will punctually payor cause to be paid the principal of, and interest and any premium on, the Bonds when and as due in strict conformity with the terms of the Fiscal Agent Agreement and any Supplemental Agreement, and it will faithfully observe and perform all of the conditions covenants and requirements of the Fiscal Agent Agreement and all Supplemental Agreements and of the Bonds. Extension of Time for Payment In order to prevent any accumulation of claims for interest after maturity, the City shall not on the CFD's behalf, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the City, such claim for interest so extended or funded shall not be entitled, in case of default thereunder, to the benefits of the Fiscal Agent Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have so extended or funded. Against Encumbrances Neither the City nor the CFD will encumber, pledge or place any charge or lien upon any of the Special Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien therein created for the benefit of the Bonds, except as permitted by the Fiscal Agent Agreement. Books and Records The City will keep, or cause to be kept, on behalf of the CFD proper books of record and accounts, separate from all other records and accounts of the CFD, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Administrative Expense Fund. . Such books of record and accounts shall at all times during normal business hours of the City be subject to the inspection of the Fiscal Agent, the Owners of not less than ten percent (10%) of the principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing, and the payers of the Special Taxes, or their representatives duly authorized in writing. Protection of Security and Rights of Owners The City will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all Persons. From and after the delivery of any of the Bonds by the City, the Bonds shall be incontestable by the City acting either on its own behalf or on behalf of the CFD. RVPUB\KSNOW\706629.1 C-15 /D21o Compliance with Law The City will comply with all applicable provisions of the Act and law in completing the construction or acquisition of the Project. Collection of Special Tax Revenues The. City shall comply with all requirements of the Act so as to assure the timely collection of Special Tax Revenues, including without limitation, the enforcement of delinquent Special Taxes. On or within five (5) Business Days of each June 1, the Fiscal Agent shall provide the Director of Finance with a notice stating the amount then on deposit in the Interest Account and Principal Account of the Bond Fund, and the Reserve Fund, and informing the City that the Special Taxes may need to be levied pursuant to the Ordinance as necessary to provide for Annual Debt Service and Administrative Expenses and replenishment (if necessary) of the Reserve Fund so that the balance therein equals the Reserve Requirement. The receipt of or failure to receive such notice by the Director of Finance shall in no way affect the obligations of the Director of Finance under the following two paragraphs. Upon receipt of such notice, the Director of Finance shall communicate with the Auditor to ascertain the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current year. The Director of Finance shall effect the levy of the Special Taxes each Fiscal Year in accordance with the Ordinance by each August 1 that the Bonds are Outstanding, or otherwise such that the computation of the levy is complete before the final date on which Auditor will accept the transmission of the Special Tax amounts for the parcels within the CFD for inclusion on the next real property tax roll. Upon the completion of the computation of the amounts of the levy, the Director of Finance shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the next real property tax roll. The Director of Finance shall fix and levy the amount of Special Taxes within the CFD required for the payment of principal of and interest on any Outstanding Bonds of the CFD becoming due and payable during the ensuing year, including any necessary replenishment or expenditure of the amount within the Reserve Fund for the Bonds and an amount estimated to be sufficient to pay the Administrative Expenses (including amounts necessary to discharge any obligation under the Fiscal Agent Agreement) during such year, taking into account the balances in such funds and in the Bonds Fund, the Redemption Fund and the Special Tax Fund. The Special Taxes so levied shall not exceed the authorized amounts as provided in the Ordinance. The Special Taxes shall be payable and be collected in the same manner and at the same time and in the same installment as the general taxes on real property are payable, and have the same priority, become delinquent at the same time and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the ad valorem taxes on real property. Notwithstanding the foregoing, the Director of Finance shall, not later than July 15 of each Fiscal Year, determine whether or not to cause the collection of any Special Taxes by direct, first class mail billing to the then owner of each parcel of property in lieu of billing for such Special Taxes in the same manner as general taxes as aforesaid. Such direct mail billing shall be made not later than November 1 of the Fiscal Year and shall direct the owner of the property affected to pay the Special Taxes directly to the Director of Finance in two equal installments, the first of which shall be due and delinquent if not paid on December 10 and the second of which may 1;>e paid with the first and which, in any event, shall be due and delinquent if not paid on April 10 of the Fiscal Year. Any such Special Taxes so billed shall have the same priority and bear the same proportionate penalties and interest after delinquency as do the ad valorem taxes on real property. Notwithstanding the foregoing, the Legislative Body may waive delinquency penalties and redemption penalties ifit makes all of the determinations set forth in Section 53340(f) of the Act. RVPUB\KSNOW\706629.1 C-16 102 7 Reduction in Maximum Annual Special Tax The CFD finds and determines that, historically, delinquencies in the payment of special taxes authorized pursuant to the Act in community facility districts in Southern California have from time to time been at levels requiring the levy of special taxes at the maximum authorized rates in order to make timely payment of principal of and interest on the outstanding indebtedness of such community facilities districts. For this reason, the City has determined that, absent the certification described below, a reduction in the Maximum Annual Special Tax (as such term is defined in .the Rate and Method) authorized to be levied below the levels provided would interfere with the timely retirement of the Bonds. The City has determined it to be necessary in order to preserve the security for the Bonds to covenant and, to the maximum extent that the law permits it to do so, the City does covenant, that it shall not initiate proceedings to reduce the Maximum Special Tax Rates (as such term is defined in the Rate and Method) unless, in connection therewith, (i) the City receives a certificate from one or more Tax Consultants which, when taken together, certify that, on the basis of the parcels of land and improvements existing in the City as of the July 1 preceding the reduction, the Maximum Annual Special Tax which may be levied on all Assessor's Parcels (as such term is defined in the Rate and Method) of taxable property on which a completed structure is located in each Fiscal Year will equal at least 110% of the gross debt service on all Bonds to remain Outstanding after the reduction is approved and will not reduce the Maximum Annual Special Tax payable from parcels on which a completed structure is located to less than 110% of Maximum Annual Debt Service, and (ii) the Legislative Body finds pursuant to the Fiscal Agent Agreement that any reduction made under such conditions will not adversely affect the interests of the Bondowners. Any reduction in the Maximum Annual Special Tax approved pursuant to the preceding sentence may be approved without the consent of the Bondowners. The City covenants that, in the event that any initiative is adopted by the qualified electors which purports to reduce the Maximum Annual Special Tax below the levels authorized pursuant to the Rate and Method or to limit the power or authority of the City to levy Special Taxes pursuant to the Rate and Method, the City shall, from funds available thereunder, commence and pursue legal action in order to preserve the authority and power of the City to levy Special Taxes pursuant to the Rate and Method. Covenant to Foreclose On or before March 1 and June 1 of each Fiscal year, the City will review the public records of the County in connection with the Special Taxes levied in such Fiscal Year to determine the amount of Special Taxes actually collected in such Fiscal Year. If the City determines' that (a) any single parcel subject to the Special Taxes is delinquent in the payment of Special Taxes in the aggregate of $3,000 or more or (b) any parcels under common ownership subject to the Special Taxes are delinquent in the payment of Special Taxes in the aggregate of $10,000 or more, the City shall, not later than forty-five (45) days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner. The City shall cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than ninety (90) days of such determination against any parcel for which a notice of delinquency was given pursuant to the Fiscal Agent Agreement and for which the Special Taxes remain delinquent. With respect to aggregate delinquencies throughout the CFD, if the City determines that it has collected less than 90% of the Special Taxes levied in the such Fiscal Year, then the City shall, not later than forty-five (45) days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the owner of each delinquent parcel (regardless of the amount of such delinquency). The City will cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than ninety (90) days of such determination against any parcel for which a notice of delinquency was given pursuant to the Fiscal Agent Agreement and for which the Special Taxes remain delinquent. Further Assurances The City will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of the Fiscal Agent Agreement, and for the better assuring and confirming unto the Owners of the rights and benefits provided in the Fiscal Agent Agreement. RVPUB\KSNOW\706629.1 C-17 / 62 <6 Private Activity Bond Limitations The City shall assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the Code. Federal Guarantee Prohibition The City shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Rebate Requirement The City shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Bonds. Funds shall be transferred to a Rebate Fund, to be held by the Fiscal Agent, in accordance with the Fiscal Agent Agreement. If necessary, the City may use (i) earnings on amounts in the Reserve Fund if the amount on deposit in the Reserve Fund, following the proposed transfer, is equal to the Reserve Requirement, (ii) amounts on deposit in the Administrative Expense Fund, and (iii) any other funds available to the CFD, including amounts advanced by the City, in its sole discretion, to be repaid by the CFD in connection with the CFD as soon as practicable from amounts described in the preceding clauses (i), (ii) and (iii), to satisfy its obligations under the Fiscal Agent Agreement. The Director of Finance shall take note of any investment of moneys thereunder in excess of the yield on the Bonds, and shall take such actions as are necessary to ensure compliance with the Fiscal Agent Agreement, such as increasing the portion of the Special Tax levy for Administration Expenses as appropriate to have funds available in the Administrative Expense Fund to satisfy any rebate liability under the Fiscal Agent Agreement. No Arbitrage The City shall not take, or permit or suffer to be taken by the Fiscal Agent or otherwise, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be "arbitrage bonds" within the meaning of section 148 of the Code. Yield of the Bonds In determining the yield of the Bonds to comply with the Fiscal Agent Agreement, the City will take into account redemption (including premium, if any) in advance of maturity based on the reasonable expectations of the City, as of the Closing Date, regarding prepayments of Special Taxes and use of prepayments for redemption of the Bonds, without regard to whether or not prepayments are received or Bonds redeemed. Maintenance of Tax-Exemption The City shall take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the Owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds. No Parity Bonds The City will issue no additional bonds on a parity with the Bonds; provided, that nothing contained therein shall limit the issuance of any Special Tax Bonds of the CFD if (a) the rights and claims of such bonds to ,the Special Tax Revenues and the funds and accounts established or described in the Fiscal Agent Agreement are in all respects subordinate to the rights and claims of the Bonds, or (b) after the issuance and delivery of such RVPUB\KSNOW\706629.1 C-18 IDlq Special Tax Bonds, none of the Bonds shall be Outstanding. Defeased Bonds, or Bonds in exchange for or in lieu of which other bonds have been delivered, shall not be considered Outstanding. INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS The CFD acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the CFD the right to receive brokerage confirmations of security transactions as they occur, the CFD specifically waives receipt of such confirmations to the extent permitted by law. The Fiscal Agent will furnish the CFD periodic cash transaction statements, which include detail for all investment transactions made by the Fiscal Agent thereunder. Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund or account. Any income realized on or losses resulting from investments in any fund or account shall be credited or changed to such fund or account. Whenever in the Fiscal Agent Agreement any moneys are required to be transferred by the City to the Fiscal Agent, such transfer may be accomplished by transferring a like amount of Permitted Investments. The Fiscal Agent and its affiliates or the Director of Finance may act as sponsor, advisor, depository, principal or agent in the acquisition or disposition of any investment. The Fiscal Agent shall not incur any liability for losses arising from any investments made pursuant to the Fiscal Agent Agreement. The Fiscal Agent shall not be required to determine the legality of any investments. Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or account created by or pursuant to the Fiscal Agent Agreement, or otherwise containing gross proceeds of the Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by the Fiscal Agent Agreement of the Code) at Fair Market Value. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under the applicable provisions of the Code and (unless valuation is undertaken at least annually) investments in the Reserve Fund shall be valued at their present value (within the meaning of section 148 of the Code). The Fiscal Agent shall not be liable for verification of the application of such sections of the Code. Investments in any and all funds and accounts may be commingled in a separate fund or funds for purposes of making, holding and disposing of investments, notwithstanding provisions therein for transfer to or holding in or to the credit of particular funds or accounts of amounts received or held by the Fiscal Agent thereunder, provided that the Fiscal Agent shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in the Fiscal Agent Agreement. Subject to the restrictions set forth therein and/or any written investment instructions received by Fiscal Agent pursuant to the Fiscal Agent Agreement, moneys in said funds and accounts may be from time to time invested by the Fiscal Agent in any manner so long as: (1) Moneys in the Project Fund shall be invested in obligations which will by their terms mature as close as practicable to the date the CFD estimates the moneys represented by the particular investment will be needed for withdrawal from such Fund; and (2) Moneys in the Special Tax Fund, the Bond Fund, the Redemption Fund and the Reserve Fund shall be invested only in obligations which will by their terms either mature or allow for withdrawals at par on such dates so as to ensure the payment of principal and interest on the Bonds as the same become due; provided, however, that except for investment agreements as described in paragraph 11 of the definition of Permitted Investments which permit withdrawal at par, investment of moneys on deposit in the Reserve Fund shall have an average aggregate weighted term not greater than five (5) years. The Fiscal Agent or Director of Finance, as applicable shall sell ,at Fair Market Value, or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required RVPUB\KSNOW\706629.1 C-19 /03 D payment; transfer, withdrawal or disbursement from the fund or account to which such investment security is credited and neither the Fiscal Agent nor the Director of Finance shall be liable or responsible for any loss resulting from the acquisition or disposition of such investment security in accordance therewith. THE FISCAL AGENT Appointment of Fiscal Agent Wells Fargo Bank, National Association, is appointed Fiscal Agent pursuant to the Fiscal Agent Agreement and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in the Fiscal Agent Agreement, and no implied covenants or obligations shall be read into the Fiscal Agent Agreement against the Fiscal Agent. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of the Fiscal Agent Agreement, shall be the successor to such Fiscal Agent without the execution or filing of any paper or any further act, anything therein to the contrary notwithstanding. Upon thirty (30) days prior written notice, the City may remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of the Fiscal Agent Agreement, combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Fiscal Agent may at any time resign by giving written notice to the City and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of the Fiscal Agent Agreement within forty-five (45) days after the Fiscal Agent shall have given to the City written notice of its resignation or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent or any Owner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent. Liability of Fiscal Agent The recitals of facts, covenants and agreements therein and in the Bonds contained shall be taken as statements, covenants and agreements of the City, and the Fiscal Agent assumes no responsibility for the correctness of the same, or makes any representations as to the validity or sufficiency of the Fiscal Agent Agreement or of the Bonds, or shall incur any responsibility in respect thereof, other than in connection with the duties or obligations therein or in the Bonds assigned to or imposed upon it. The Fiscal Agent shall not be liable in connection with the performance of its duties thereunder, except for its own negligence or willful default. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. In the absence of bad faith or gross negligence, the Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of the Fiscal Agent Agreement; but in the case of any such certificates or opinions by which any provision thereof are specifically required to be furnished to the Fiscal RVPUB\KSNOW\706629.1 C-20 J()~J Agent, the Fiscal Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of the Fiscal Agent Agreement. Except as provided above in this paragraph, the Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of the Fiscal Agent Agreement, upon any resolution, order, notice, request, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper Person or to have been prepared and furnished pursuant to any provision of the Fiscal Agent Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Fiscal Agent shall not be liable for any error of judgment made in good faith unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts. No provision of the Fiscal Agent Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties thereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by the Fiscal Agent Agreement at the request or direction of any of the Owners pursuant to the Fiscal Agent Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or indemnity against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. The Fiscal Agent may become the Owner of the Bonds with the same rights it would have if it were not the Fiscal Agent. MODIFICATION OR AMENDMENT OF THE AGREEMENT Amendments Permitted The Fiscal Agent Agreement and the rights and obligations of the City and/or CFD and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of Owners, or with the written consent without a meeting, of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in the Fiscal Agent Agreement. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the City to pay the principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation by the City of any pledge or lien upon the Special Taxes superior to or on a parity with the pledge and lien created for the benefit of the Bonds (except as otherwise permitted by the Act, the laws of the State of California or the Fiscal Agent Agreement), or reduce the percentage of Bonds required for the amendment thereof. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. The Fiscal Agent Agreement and the rights and obligations of the City and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for anyone or more of the following purposes: (i) to add to the covenants and agreements of the CFD or City in the Fiscal Agent Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power therein reserved to or conferred upon the City or CFD; (ii) to make modifications not adversely affecting any outstanding series of Bonds of the City or CFD in any material respect; (iii) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in the Fiscal Agent Agreement, or in RVPUB\KSNOW\706629.1 C-21 /6J1 regard to questions arising under the Fiscal Agent Agreement, as the CFD or City and the Fiscal Agent may deem necessary or desirable and not inconsistent with the Fiscal Agent Agreement, and which shall not adversely affect the rights of the Owners of the Bonds; and (iv) to make such additions, deletions or modifications as may be necessary or desirable to assure exemption from gross federal income taxation of interest on the Bonds. Owners' Meetings The City on behalf of the CFD may at any time call a meeting of the Owners. In such event the City is authorized to fix the time and place of said meeting and to provide for the giving of notice thereof, and to fix and adopt rules and regulations for the conduct of said meeting. Procedure for Amendment with Written Consent of Owners The City on behalf of the CFD and the Fiscal Agent may at any time adopt a Supplemental Agreement amending the provisions of the Bonds or of the Fiscal Agent Agreement or any Supplemental Agreement, to the extent that such amendment is permitted by the Fiscal Agent Agreement, to take effect when and as provided in the Fiscal Agent Agreement. A copy of such Supplemental Agreement, together with a request to Owners for their consent thereto, shall be mailed by first class mail, by the Fiscal Agent to each Owner of Bonds Outstanding, but failure to mail copies of such Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as provided in the Fiscal Agent Agreement. Such Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in the Fiscal Agent Agreement) and a notice shall have been mailed as hereinafter in this Section provided each such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by the Fiscal Agent Agreement. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Bonds shall have filed their consents to the Supplemental Agreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the papers required by the Fiscal Agent Agreement to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the CFD, City and the Owners of all Bonds at the expiration of thirty (30) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such thirty-day period. RVPUB\KSNOW\706629.1 C-22 /{)jJ Effect of Supplemental Agreement From and after the time any Supplemental Agreement becomes effective pursuant to the Fiscal Agent Agreement, this Agreement shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations under this Agreement of the City, CFD, and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes. DISCHARGE OF THE AGREEMENT The City shall have the option to pay and discharge the entire indebtedness on all or any portion of the Bonds Outstanding in anyone or more of the following ways: (A) by well and truly paying or causing to be paid the principal of, and interest and any premium on, such Bonds Outstanding, as and when the same become due and payable; (B) by depositing with the Fiscal Agent, in trust, at or before maturity, money which, together with the amounts then on deposit in the funds and accounts provided for in the Fiscal Agent Agreement is fully sufficient to pay such Bonds Outstanding, including all principal, interest and redemption premiums; or (C) by irrevocably depositing with the Fiscal Agent, in trust, cash and Federal Securities in such amount as the City on behalf of the CFD shall determine as confirmed by an independent certified public accountant will, together with the interest to accru~ thereon and moneys then on deposit in the fund and accounts provided for in the Fiscal Agent Agreement, be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates. If the City shall have taken any of the actions specified in (A), (B) or (C) above, and if such Bonds are to be redeemed prior to the maturity thereof notice of such redemption shall have been given as in this Agreement provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, then, at the election of the City, and notwithstanding that any Bonds shall not have been surrendered for payment, the pledge of the Special Taxes and other funds provided for in the Fiscal Agent Agreement and all other obligations of the City under this Agreement with respect to such Bonds Outstanding shall cease and terminate. Notice of such election shall be filed with the Fiscal Agent. Notwithstanding the foregoing, the obligation of the City to payor cause to be paid to the Owners of the Bonds not so surrendered and paid all sums due thereon, all amounts owing to the Fiscal Agent pursuant to the Fiscal Agent Agreement, and otherwise to assure that no action is taken or failed to be taken if such action or failure adversely affects the exclusion of interest on the Bonds from gross income for federal income tax purposes, shall continue in any event. Upon compliance by the City with the foregoing ~ith respect to all Bonds Outstanding, any funds held by the Fiscal Agent after payment of all fees and expenses of the Fiscal Agent, which are not required for the purposes of the preceding paragraph, shall be paid over to the City and any Special Taxes thereafter received by the City shall not be remitted to the Fiscal Agent but shall be retained by the City to be used for any purpose permitted under the Act. EVENTS OF DEFAULT; REMEDIES Events of Default Anyone or more of the following events shall constitute an "event of default": (i) Default in the due and punctual payment of the principal of or redemption premium, if any, on any Bond when and as the same shall become due and payable, whether at maturity as 'therein expressed, by declaration or otherwise; RVPUB\KSNOW\706629.1 C-23 I DS tj (ii) Default in the due and punctual payment of the interest on any Bond when and as the same shall become due and payable; or (iii) Default by the City or the CFD in the observance of any of the agreements, conditions or covenants on its part in the Fiscal Agent Agreement or in the Bonds contained (other than a payment default referred to in subparagraph (A) and (B) above), and the continuation of such default for a period of 60 days after the City and the CFD shall have been given notice in writing of such default by the Fiscal Agent or by the Owners of 25% aggregate principal amount of Bonds Outstanding, provided that if within 60 days the City or the CFD, as applicable, has commenced curing of the default and diligently pursues elimination thereof, such period shall be extended to permit such default to be eliminated. Remedies of Owners Following the occurrence of an event of default, any Owner shall have the right for the equal benefit and protection of all Owners similarly situated: (i) By mandamus or other suit or proceeding at law or in equity to enforce his or her rights against the City or the CFD and any of the members, officers and employees ofthe City or the CFD, and to compel the City or CFD, as applicable, or any such members, officers or employees to perform and carry out their duties under the Act and their agreements with the Owners as provided in the Fiscal Agent Agreement; (ii) By suit in equity to enjoin any actions or things which are unlawful or violate the rights of the Owners; or (iii) By a suit in equity to require the City or the CFD, as applicable, and its members, officers and employees to account as the trustee of an express trust. Nothing in this article or in any other provision of the Fiscal Agent Agreement, or in the Bonds, shall affect or impair the obligation of the CFD, which is absolute and unconditional, to pay the interest on and principal of the Bonds to the respective Owners of the Bonds at the respective dates of maturity, as therein provided, out of the Special Tax Revenues pledged for such payment, or affect or impair the right of action, which is also absolute and unconditional, of such Owners to institute suit to enforce such payment by virtue of the contract embodied in the Bonds and in the Fiscal Agent Agreement. A waiver of any default or breach of duty or contract by any Owner shall not affect any subsequent default or breach of duty or contract, or impair any rights or remedies on any such subsequent default or breach. No delay or omission by any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein, and every power and remedy conferred upon the Owners by the Act or by this article may be enforced and exercised from time to time and as often as shall be deemed expedient by the Owners. If any suit, action or proceeding to enforce any right or exercise any remedy is abandoned or determined adversely to the Owners, the City, the CFD and the Owners shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. No remedy therein conferred upon or reserved to the Owners is intended to be exclusive of any other remedy. Every such remedy shall be cumulative and shall be in addition to every other remedy given under the Fiscal Agent Agreement, at law or in equity or by statute or otherwise, and may be exercised without exhausting and without regard to any other remedy conferred by the Act or any other law. The Fiscal Agent shall not be obligated to take any action on behalf of the Owners if the City or the CFD defaults under the Fiscal Agent Agreement. RVPUB\KSNOW\706629.1 C-24 1635 APPENDIX D BOOK-ENTRY ONLY SYSTEM The information in this section concerning DTC and DTC 's book-entry only system has been obtained from DTC. The City takes no responsibility for the accuracy thereof The City cannot and does not give any assurances that DTC, DTC Participants or Indirect Participants will distribute to the Benefic.ial Owners (a) payments of interest or principal with respect to the Bonds, (b) certificates representing ownership interest in or other confirmation or ownership interest in the Bonds, or (c) redemption or other notices sent to DTC or Cede & Co., its nominee, as the registered owner of the Bonds, or that they will so do on a timely basis or that DTC, DTC Participants or DTC Indirect Participants will act in the manner described in this Official Statement. The current "Rules" applicable to DTC are on file with the Securities and Exchange Commission and the current "Procedures" of DTC to be followed in dealing with DTC Participants are on file with DTC. DTC in New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered initially in the name of Cede & Co. (DTC's partnership nominee). One fully-registered bond certificate will be issued for each maturity of the Bonds in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking law, a "banking organization" within the meaning of the New York Banking law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under the provisions of Section 17 A of the Securities Exchange Act of 1934. DTC holds securities that its participants ("Participants") deposit with' DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of Bonds (a "Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive physical certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name ofDTC's partnership nominee, Cede & Co. The deposit of Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which mayor may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be RVPUB\KSNOW\706629.1 D-1 jD3t governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. While Bonds are in the book-entry only system, redemption notices shall be sent to Cede & Co. If less than all of the Bonds within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participation in such maturity to be redeemed. . . Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.' s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on a payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on the payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Fiscal Agent, or the City, subject to any statutory or regulatory requirements as may be in effect form time to time. Payment of principal and interest to DTC is the responsibility of the Fiscal Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City or the Fiscal Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, Bond certificates will be printed and delivered. Procedures If Book-Entry-Only System Is Discontinued If the book-entry-only system should be discontinued, the interest on, principal of and redemption premium (if any) on the Bonds would be payable at the principal corporate trust office of the Fiscal Agent. The interest due on or before maturity or redemption would be payable only to the person whose name appears as registered owner in the registration books required to be kept by the Fiscal Agent at the close of business as of the 15th day of the month next preceding each interest payment date. Interest would be paid by check mailed by first class mail to such registered owner at his or her address as it appears on such books, except that a registered owner of $1,000,000 or more in aggregate principal amount of Bonds then outstanding may request with 15 days' prior notice that payment be made by wire transfer on each such interest payment date. The principal of and redemption premium, if any, on the Bonds would be payable only to the person whose name appears in such registration books as the registered owner, such principal and redemption premium, if any, to be paid only on the surrender of each Bond to the Fiscal Agent at maturity or on redemption prior to maturity. If the book-entry-only system should be discontinued, the Bonds will be delivered in certificated form to the registered owners. Thereafter, any Bond may, in accordance with its terms, be transferred or exchanged on such books by the person in whose name it is registered, in person or by his or her duly authorized attorney, upon payment by the bondholder requesting such transfer or exchange of any tax or other governmental charge required to be paid with respect to such transfer or exchange and upon surrender of such Bond for cancellation accompanied by delivery of a duly executed written instrument of transfer of exchange in a form acceptable to the Fiscal Agent. Neither the City nor the Fiscal Agent is required (i) to transfer or exchange any Bonds during the I5-day period prior to the selection of any Bonds for redemption, or (ii) to transfer or exchange any Bond that has been selected for redemption in whole or in part, except the unredeemed portion of such Bond selected for redemption in part, from and after the day that such Bond has been selected for redemption. RVPUB\KSNOW\706629.1 D-2 /631 APPENDIX E FORMS OF CONTINUING DISCLOSURE AGREEMENTS CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) 2006 SPECIAL TAX BONDS, CITY CONTINUING DISCLOSURE AGREEMENT This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by City of Rancho Cucamonga, for itself and on behalf of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "Issuer"), and Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States of America (the "Dissemination Agent") in connection with the issuance of the $ · City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds (the "Bonds"). The Bonds are being issued pursuant to a Fiscal Agent Agreement dated as of May 1,2006 (the "Fiscal Agent Agreement") between the Issuer and Wells Fargo Bank, National Association, as Fiscal Agent (the "Fiscal Agent"). The Issuer and the Dissemination Agent covenant and agree as follows: Section 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Issuer for the benefit of the Owners of the Bonds and in order to assist the Participating Underwriters (as defined herein) in complying with S.E.e. Rule 15c2-12(b)(5). Section 2. Definitions. In addition to the definitions set forth in the Fiscal Agent Agreement, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Reports provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries) or (b) is treated as the owner of any Bonds for federal income tax purposes. "District" shall mean the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates). "Disclosure Representative" shall mean the Director of Finance of the Issuer or his or her designee, or such other officer or employee as the Issuer shall designate in writing to the Dissemination Agent from time to time. "Dissemination Agent" shall mean Wells Fargo Bank, National Association, acting in its capacity as Dissemination Agent, or any successor Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Fiscal Year" shall mean the twelve month period beginning on July 1 of each year and ending on June 30 of the following year. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Agreement. . Preliminary, subject to change. RVPUB\KSNOW\706629.1 E-1 / 63 8 "National Repository" shall mean any Nationally Recognized Municipal Securities Repository for purposes of the Rule. The Nationally Recognized Municipal Securities Information Repository for purposes of the Rule are identified in the Securities and Exchange Commission web site located at htto://www.sec.gov/consumer/nrmsir.htm. "Participating Underwriters" shall mean Stone & Youngberg LLC whose address IS: One Ferry Building, San Francisco, California 94111. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from tiine to time. "State Repository" shall mean any public or private repository or entity designated by the State' of California as a state repository for the purpose of the Rule. As of the date of this Disclosure Agreement, there is no State Repository. "Tax-exempt" shall mean that interest on the Bonds is excluded from gross income for federal income tax purposes, whether or not such interest is includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating any other tax liability, including any alternative minimum tax or environmental tax. Section 3. Provision of Annual Reports. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than February 1 of each year, commencing February 1,2007, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. Not later than fifteen (15) Business Days prior to said date, the Issuer shall provide the Annual Report to the Dissemination Agent. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross- reference other information as provided in Section 4 of this Disclosure Agreement. The information contained or incorporated in each Annual Report shall be for the Fiscal Year which ended on the preceding June 30. The Issuer shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certifications of the Issuer and shall have no duty or obligation to review any such Annual Report. (b) If the Dissemination Agent is unable to verify that an Annual Report has been provided to the Repositories by the date specified in subsection (a), the Dissemination Agent shall send a notice to each Repository in substantially the form attached as Attachment A. (c) The Dissemination Agent shall: 1. determine each year prior to the date for providing the Annual Report the name and address of each National Repository and each State Repository, if any; and 2. to the extent it can confirm such filing of the Annual Report, file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided and listing all the Repositories to which it was provided. (d) Notwithstanding any statement to the contrary, any filing under this agreement may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC"), or any other central post office approved by the Securities and Exchange Commission as provided at htto://www.disclosureusa.org unless the United States Securities and Exchange Commission has withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. RVPUB\KSNOW\706629.1 E-2 / tJ.39 (e) The Issuer shall, or if received by the Dissemination Agent, the Dissemination Agent shall, deliver a copy of each Annual Report to the Participating Underwriter at the time the Annual Report is provided to the Repositories in accordance with this section. Section 4. Content of Annual Reports. The Annual Report shall contain or incorporate by reference the information set forth in Exhibit B, any or all of which may be included by specific reference to other documents,. including official statements of debt issuances of the City, the District or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB. The City shall clearly identify each such other document so included by reference. Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document so incorporated by reference. Audited financial statements of the Issuer shall be audited by such auditor as shall then be required or permitted by the laws of the State of California or the Fiscal Agent Agreement. Audited financial statements, if prepared by the Issuer, shall be prepared in accordance with generally accepted accounting principles as prescribed for governmental units by the Governmental Accounting Standards Board; provided, however, that the Issuer may from time to time, if required by federal or state legal requirements, modify the basis upon which its financial statements are prepared. In the event that the Issuer shall modify the basis upon which its financial statements are prepared, the Issuer shall provide a notice of such modification to each Repository, including the reference to the specific federal or state law or regulation specifically describing the legal requirements for the change in accounting basis. Section 5. Reporting of Significant Events. ( a) Pursuant to the provisions of this Section 5, the Issuer shall give or cause to be given, notice of the occurrence of any of the following event: 1. Delinquency in payment when due of any principal of or interest on the Bonds. 2. Occurrence of any default under the Fiscal Agent Agreement (other than as described in clause (1) above). 3. Amendment to or modification of the Fiscal Agent Agreement or this Disclosure Agreement modifying the rights of the Owners of the Bonds. 4. Giving of a notice of optional or unscheduled redemption of any of the Bonds. 5. Defeasance of the Bonds or any portion thereof. 6. Any change in any rating on the Bonds. 7. Adverse tax opinions or events affecting the Tax-exempt status ofthe Bonds. 8. difficulties. Any unscheduled draw on the Reserve Fund or any account therein reflecting financial 9. Unscheduled draws on credit enhancements reflecting financial difficulties. 10. Substitution of credit or liquidity providers, or their failure to perform. RVPUB\KSNOW\706629.1 E-3 /0'10 11. The release, substitution or sale of property securing repayment of the Bonds (including property leased, mortgaged or pledged as such security). (b) The Dissemination Agent shall, within one (1) Business Day of obtaining actual knowledge of the occurrence of any of the Listed Events (except events listed in clauses (a)(1), (4) or (5)), or as soon as is reasonably possible, with no obligation to determine the materiality thereof, contact the Disclosure Representative, inform such person of the event, and request that the Issuer promptly notify the Dissemination Agent in writing whether or not to report the event pursuant to subsection (t). For the purpose of this Disclosure Agreement "actual knowledge" means actual knowledge at the corporate trust office of the Dissemination Agent by an officer of the Dissemination Agent with responsibility for matters related to the administration of the Fiscal Agent Agreement. (c) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, whether because of a notice from the Dissemination Agent pursuant to subsection (b) or otherwise, the Issuer shall as soon as possible determine if such event would constitute material information for Owners of the Bonds under applicable Federal securities law, provided that any event under subsection (a) (6) will always be deemed to be material. (d) If the Issuer has determined that knowledge of the occurrence of a Listed Event would be material under applicable Federal securities law, the Issuer shall promptly notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to subsection (f). ( e) If in response to a request under subsection (b), the Issuer determines that the Listed Event would not be material, the Issuer shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence pursuant to subsection (t). (t) If the Dissemination Agent has been instructed by the Issuer to report the occurrence ofa Listed Event, the Dissemination Agent shall file a notice of such occurrence with the Municipal Securities Rulemaking Board and each State Repository. Notwithstanding the foregoing: 1. Notice of the occurrence of a Listed Event described in subsections (a)(1), (4) or (5) shall be given by the Dissemination Agent unless the Issuer gives the Dissemination Agent affirmative instructions not to disclose such occurrence; and 2. Notice of Listed Events described in subsections (a)(4) and (5) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to Owners of the affected Bonds pursuant to the Fiscal Agent Agreement. Section 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Agreement shall terminate upon the defeasance, prior redemption or payment in full of all of the Bonds. Section 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be Wells Fargo Bank, National Association. The Dissemination Agent may resign by providing thirty (30) days written notice to the Issuer and the Fiscal Agent. If at any time there is no designated Dissemination Agent appointed by the Issuer, or if the Dissemination Agent so appointed is unwilling or unable to perform the duties of the Dissemination Agent hereunder, the Issuer shall be the Dissemination Agent and undertake or assume its obligations hereunder. Section 8. Amendment; Waiver. Notwithstanding any other prOVISIon of this Disclosure Agreement, the Issuer may amend this Disclosure Agreement (and the Dissemination Agent shall agree to any amendment requested by the Issuer, provided the Dissemination Agent shall not be obligated to enter into any amendment increasing or affecting its duties or obligations), and any provision of this Disclosure Agreement may be waived, if such amendment or waiver is supported by an opinion of counsel expert in Federal securities 16'-1/ RVPUB\KSNOW\706629.1 E-4 law, acceptable to both the Issuer and the Dissemination Agent, to the effect that such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule. . Section 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Issuer from disseminating any'other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Agreement, the Issuer shall have no obligation under this Disclosure Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Agreement, any Owner or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an event of default under the Fiscal Agent Agreement, and the sole remedy under this Disclosure Agreement in the event of any failure of the Issuer or the Dissemination Agent to comply with this Disclosure Agreement shall be an action to compel performance. Section 11. Duties, Immunities and Liabilities of the Dissemination Agent. Section 7.2 of the Fiscal Agent Agreement is hereby made applicable to this Disclosure Agreement as if this Disclosure Agreement were (solely for this purpose) contained in the Fiscal Agent Agreement. The Dissemination Agent shall be entitled to the protections and limitations afforded to the Fiscal Agent under said Section 7.2. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Agreement, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its duties hereunder, including the costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The Dissemination Agent shall be paid compensation by the Issuer for its services provided hereunder in accordance with its schedule of fees as amended from time to time and shall be reimbursed by the Issuer all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder but solely from amounts in the Administrative Expense Fund established under the Fiscal Agent Agreement. Neither the Dissemination Agent nor the Fiscal Agent shall have any duty or obligation to review any information provided to it hereunder or shall be deemed to be acting in any fiduciary capacity for the Issuer, the owners of the Bonds or any other party. The obligations of the Issuer under this section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Any company succeeding to all or substantially all of the Dissemination Agent's corporate trust business shall be the successor to the Dissemination Agent hereunder without the execution or filing of any document or any further act. Section 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and the Owners from time to time of the Bonds, and shall create no rights in any other person or entity. RVPUB\KSNOW\706629.1 E-5 !OLf2 Section 13. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Dated: May 1, 2006 City of Rancho Cucamonga, for itself and on behalf of City of Rancho Gucamonga Community Facilities District 2004-01 (Rancho Etiwanda Estates) By: City Manager Wells Fargo Bank, National Association, as Dissemination Agent By: Authorized Signatory RVPUB\KSNOW\706629.1 E-6 / b Lf3 ATTACHMENT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name ofIssuer: City of Rancho Cucamonga Name of Bond Issue: CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIW ANDA ESTATES) 2006 Special Tax Bonds Date ofIssuance: June _, 2006 NOTICE IS HEREBY GIVEN that the Issuer of has not provided an Annual Report with respect to the above-referenced Bonds as required by the Continuing Disclosure Agreement dated as of May 1, 2006 between the Issuer and Wells Fargo Bank, National Association, as Fiscal Agent. The Issuer anticipates that the Annual Report will be filed by Dated: RVPUB\KSNOW\706629.1 Wells Fargo Bank, National Association, as Dissemination Agent on Behalf of the Issuer By: Authorized Signatory E-7 / D '/1 EXHIBIT B ISSUER ANNUAL REPORT City Of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds This Annual Report is hereby submitted under Section 4 of the Continuing Disclosure Certificate dated as of May 1,2006 executed by the undersigned (the "District") in connection with the issuance by the District of the above-captioned bonds. (a) Financial Statements. Attached to this Annual Report are (i) audited financial statements of the District and the City prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board, or (ii) unaudited financial statements of the District and the City (because the audited financial statements were not available by the Report Date), and the audited financial statements will be filed in the same manner as this Annual Report when they become available. (b) Yearly Report Provided to CDIAC. Attached to this Annual Report is copy of the most recent Yearly Fiscal Status Report required to be filed by the District with the California Debt and Investment Advisory Commission pursuant to the Act. The report includes the following information as of the close of the most recent fiscal year: 1. The current minimum balance in the Reserve Fund. 2. The outstanding principal amount of the Bonds. 3. Balances in the Reserve Fund, Escrow Fund, Improvement Fund, and Bond Fund. 4. Assessed value of all parcels in the District subject to the Special Tax. 5. Total amount of Special Taxes due and total amount uncollected from properties within the District. 6. Total number of delinquent parcels within the District, total amount of Special Taxes due on delinquent parcels within the District, and information on foreclosure against delinquent parcels within the District. (c) Maturity and Redemption Schedule. Below is the maturity schedule for the outstanding Bonds and a listing of Bonds redeemed prior to maturity. RVPUB\KSNOW\706629.1 E-8 ItJl/5 Maturity Schedule of the Bonds Principal Payment Date (September 1) Principal Amount Interest Rate Price 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Yield Early Redemption . Date (d) Special Tax Prepayments. Below is a listing of all parcels within the District for which the Special Tax obligation was fully or partially prepaid for the prior fiscal year, along with the Special Tax prepayment amolU).t. Parcel APN Full or Partial Prepayment RVPUB\KSNOW\706629.1 E-9 Prepayment Amount /()Lj~ (e) Additional Delinquency Information. 1. Below is a listing of all parcels within the District that were delinquent in the payment of the Special Taxes, as applicable, in the aggregate of $3,000 or more for the prior fiscal year: Parcel APN Delinquency Amount Length of Delinquency Total: 2. Below is a listing of all parcels within the District that are under common ownership and were delinquent in the payment of the Special Taxes, as applicable, in the aggregate of $10,000 or more during the prior fiscal year: Parcel APN Delinquency Amount Length of Delinquency Total: 3. Ifthe total delinquencies within the District as of the prior June 1 exceed 10% of the total Special Tax levied for the prior fiscal year, below is a listing of all parcels that were delinquent in the payment of the Special Taxes: Parcel APN Delinquency Amount Length of Delinquency Total: RVPUB\KSNOW\706629.1 E-10 //)'11 (f) Property Ownership. Below is a listing of all property owners responsible for more than 5% of the Special Taxes levied within the District as shown on the San Bernardino County Assessor's last equalized tax roll prior to the September next preceding the Report Date, and each owner's percentage share of the Special Taxes. Parcel APN Property Owner Share of Special Taxes (g) Value to Debt Ratio. Attached is an updated version of Table 5 in the final Official Statement showing the value-to-debt calculation for the property in the District, but substituting assessed property values for the appraised values of such property . (h) Rate and Method. Below is a statement of any changes to the Rate and Method of Apportionment of Special Tax for the District during the prior fiscal year. Dated: CITY OF RANCHO CUCAMONGA, acting for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) By: Title: RVPUB\KSNOW\706629.1 E-11 /Dlf8 RVPUB\KSNOW\706629.1 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01, (RANCHO ETIW ANDA ESTATES) 2006 SPECIAL TAX BONDS DEVELOPER CONTINUING DISCLOSURE AGREEMENT [TO COME] E-12 / () L/9 APPENDIX F FORM OF OPINION OF BOND COUNSEL June _, 2006 Mayor and City Council City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91730 BOND OPINION $ CITYOFRANCHOCUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) 2006 SPECIAL TAX BONDS Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance by the City of Rancho Cucamonga (the "City") for and on behalf of Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") situated in and formed by the City, of $ · aggregate principal amount of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds (the "Bonds"). The Bonds are issued pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"), a resolution adopted by the City Council on May _, 2006 (the "Resolution"), and a Fiscal Agent Agreement, dated as of May 1, 2006 (the "Fiscal Agent Agreement"), between the City and Wells Fargo, National Association, as fiscal agent (the "Fiscal Agent"). We have examined the Act, the Resolution, the Fiscal Agent Agreement and certified copies of the proceedings taken for the issuance and sale of the Bonds. As to questions of fact which are material to our opinion, we have relied upon the representations of the City without having undertaken to verify the accuracy of any such representations by independent investigation. Based upon such examination, we are of the opinion, as of the date hereof, that the proceedings referred to above have been taken in accordance with the laws and the Constitution of the State of California, and that the Bonds, having been issued in duly authorized form and executed by the proper officials and delivered to and paid for by the purchaser thereof, and the Fiscal Agent Agreement having been duly authorized and executed by the proper official, constitute the legally valid and binding obligations of the City, for an on behalf of the District, enforceable in accordance with their terms subject to the qualifications specified below. Except where funds are otherwise available, as may be permitted by law, the Bonds are payable, as to both principal and interest, solely from certain special taxes to be levied and collected within the District and other funds available therefor held under the Fiscal Agent Agreement. The Internal Revenue Code of 1986, as amended (the "Code"), sets forth certain,investment, rebate and related requirements which must be met subsequent to the issuance and delivery of the Bonds for the interest on the Bonds to be and remain exempt from federal income taxation. Noncompliance with such requirements could cause the interest on the Bonds to be subject to federal income taxation retroactive to the date of issuance of the Bonds. Pursuant to the Fiscal Agent Agreement, the City has covenanted to comply with the requirements of the Code and applicable regulations promulgated thereunder. . Preliminary, subject to change. RVPUB\KSNOW\706629.1 F-1 j05D Weare of the opmlOn that, under existing statutes, regulations, rulings and court decisions, and assuming compliance by the District with the aforementioned covenant, the interest on the Bonds is excluded from gross income for purposes of federal income taxation and is exempt from' personal income taxation imposed by the State of California. Weare further of the opinion that interest on the Bonds is not a specific preference item for purposes of the alternative minimum tax provisions of the Code. However, interest on the Bonds. received by corporations. will be included in corporate adjusted current earnings, a portion of which may increase the alternative minimum taxable income of such corporatioI}s. The difference between the issue price of a Bond (the first price at which a substantial amount of the Bonds of the same maturity is to be sold to the public) and the stated redemption price at maturity with respect to such Bond constitutes original issue discount, and the amount of original issue discount that accrues to the owner of the Bond is excluded from the gross income of such owner for federal income tax purposes, is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, and is exempt from State of California personal income tax. Although interest on the Bonds is excluded from gross income for purposes of federal income taxation, the accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these tax consequences will depend on the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. The opinions expressed herein may be affected by actions which may be taken (or not taken) or events which may occur (or not occur) after the date hereof. We have not undertaken to determine, or to inform any person, whether any such actions or events are taken or occur or are not taken or do not occur. The rights of the owners of the Bonds and the enforceability of the Bonds and the Fiscal Agent Agreement may be subject to bankruptcy, insolvency, moratorium and other similar laws' affecting creditors' rights heretofore or hereafter enacted, and their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity. Respectfully submitted, RVPUB\KSNOW\706629.1 F-2 /tJSI APPENDIX G I GENERAL INFORMATION ABOUT THE CITY OF RANCHO CUCAMONGA General The City of Rancho Cucamonga (the "City") is located in .the foothills of the Los. Angeles-San Bernardino Basin in the western portion of San Bernardino County, approximately 40 miles east of the City of Los Angeles and 18 miles west of the City of San Bernardino. The City covers approximately 39.08 square miles and is bordered by Ontario on the south, Upland on the west and Fontana to the east; to the north are Cucamonga Peak and Mount Baldy. Municipal Government The City was incorporated in November 30, 1977, as a general law city operating under the council- manager form of government. It is governed by a five-member City Council (the "Council"), which includes a Mayor who is elected at large for a four year term, and four Council Members are elected at large for staggered four year terms. The Council appoints the City Manager and City Attorney. The City Manager is responsible for the daily administration of City affairs and for implementing Couficil policy and program decisions. The current Council members are as follows: William "Bill" J. Alexander, Mayor Diane Williams, Mayor Pro Tern Rex Gutierrez, Councilmember L. Dennis Michael, Councilmember Sam Spagnolo, Councilmember The City's General Plan provides a coordin'ated policy of development planning, balancing residential, commercial, and industrial expansion. Coordinated transportation planning with the Southern California Regional Association of Governments and the County of San Bernardino is being provided by a traffic model that sets forth the optimum size of streets and timing necessary to accommodate traffic on both existing and future streets. Population Prior to incorporation, the area generally within the corporate boundaries of the City experienced a rapid growth in population. Population figures for the City, the County and the State for the last five years along with population figures for 1980, 1990 and 2000 are shown in the following table. Population Estimates Year 1980 1990 2000 2001 2002 2003 2004 2005 CITY OF RANCHO CUCAMONGA City of Rancho Cucamonea 55,250 98,500 125,585 130,842 137,119 147,462 155,723 161,830 County of San Bernardino 895,016 1,418,380 1,689,281 1,741,137 1,783,656 1,842,904 1,897,950 1,946,202 Source: State Department of Finance estimates (as ofJanuary 1). G-1 RVPUB\KSNOW\706629.1 State of California 23,782,000 29,758,213 34,336,091 35,037,000 35,301,000 35,691,442 36,271,091 36,810,358 / {)52 Employment The City is included in the Riverside-San Bernardino Metropolitan Statistical Area ("MSA"). The unemployment rate in the Riverside-San Bernardino MSA was an estimated 4.6% during May 2005. This compares to the unadjusted unemployment rates of 5.5% for Los Angeles County and 5.3% for California for the same month. The following table summarizes the civilian labor force, employment and unemployment in the County for the calendar years 2001 through 2005. These figures are Countywide statistics and may not necessarily accurately reflect employment trends in the City. RIVERSIDE-SAN BERNARDINO-ONTARIO METROPOLITAN STATISTICAL AREA Civilian Labor Force, Employment and Unemployment (Annual Averages) Civilian Labor Force(1) 2001 2002 2003 2004 2005 1,504,400 1,566,400 1,618,400 1,688,800 1,711,800 Civilian Employment 1,423,000 1,472,700 1,529,400 1,586,200 1,625,500 Civilian Unemployment 81,500 93,700 89,000 82,600 86,300 Civilian Unemployment Rate 5.4% 5.0% 5.5% 5.0% 5.0% (2) Wa2e and Salary Emplovment: Total All Industries 1,072,900 1,114,900 1,152,400 1,190,300 1,235,400 Total Farm 21,200 19,900 18,700 18,400 18,000 Total Nonfarm 1,051,700 1,095,000 1,133,700 1,171,900 1,217, 100 Natural Resources and Mining 1,200 1,300 1,200 1,200 1,300 Construction 89,600 93,900 103,400 115,000 122,200 Manufacturing 114,900 115,600 118,500 119,600 120,200 Trade Transportation & Utilities 227,700 238,200 249,900 262,300 273,900 Wholesale Trade 40,100 42,900 43,100 45,200 49,200 Retail Trade 140,500 146,000 154,400 160,800 165,000 Information 14,700 14,000 13,900 13,600 14,400 Financial Activities 38,800 40,600 44,400 45,800 48,700 Professional and Business Services 102,500 111,800 121,600 126,800 132,500 Educational and Health Services 109,900 116,000 118,100 117,800 120,000 Leisure and Hospitality 106,000 109,500 113 ,200 116,600 122,400 Government 208,800 216,200 211,300 214,800 220,400 Source: State of California Employment Development Department. (I) Annual labor force data is by place of residence; includes self-employed individuals, unpaid family workers, household domestic workers, and workers on strike. (2) Industry employment is by place of work; excludes self-employed individuals, unpaid family workers, household domestic workers, and workers on strike. The total number of nonfarm jobs in Riverside and San Bernardino counties increased by 139,100 jobs between 2001 and 2005 to reach 1,217,100 jobs. Construction employment grew by 30,400 jobs. The professional and business services industry division also added 27,600 jobs. Trade, transportation and utilities grew by 38,000 jobs. Other industry divisions with year-over job gains between 2001 and 2005 include: manufacturing (up 6,400 jobs); wholesale trade (up 5,300 jobs); retail trade (up 22,400 jobs); financial activities (up 8,400 jobs); educational and health services (up 9,700 jobs), leisure and hospitality (up 10,500 jobs), professional government (up 10,400 jobs). RVPUB\KSNOW\706629.1 G-2 / IJ S3 Major Employers The following table lists the major manufacturing and non-manufacturing employers within the City of Rancho Cucamonga and their estimated number of employees as of August 2005. Employer Cha~fey Community College Etiwanda School District Alta Lorna School District Frito-Lay Inc. e.W. Construction Mission Foods Central School District Target Southern California Edison Mercury Insurance Company Wal-Mart Stores, Inc. City of Rancho Cucamonga Costco Wholesale Corp. Tamco The Cheesecake Factory Albertson's J C Penney Corp., Inc. Cucamonga School District Safetran Systems Corporation Proficient Food Company General Motors Robinson's May PAC-Rancho, Inc. Wickes Furniture Lucille's Smokehouse BBQ CITY OF RANCHO CUCAMONGA Major Employers As of August 2005 Number of Employees 1,100 1,015 920 600 600 573 500 475 450 437 427 410 375 300 300 278 270 265 250 225 205 200 196 182 180 Source: Rancho Cucamonga Redevelopment Agency. RVPUB\KSNOW\706629.1 G-3 Type of Business Education Education Education Snack Food Manufacturer Special Trades Nondurable Wholesale/ Food Mfg. Education General Merchandise Electric, Gas, Sanitation Insurance General Merchandise Government General Merchandise Metal Manufacturer Restaurant Food Stores Department Stores Education Electronic equipment Wholesale Service and Parts Operations Department Stores Metal Manufacturer Special Warehousing & Storage Restaurant / ()5 Lj Commercial Activity In the calendar year 2004, total taxable transactions in the City were $1,748,122 or approximately 33.% greater than total taxable transactions of$1,163,043 that occurred in the City in calendar year 2000. A summary of historic taxable sales within the City during the past five years is shown in the following table. CITY OF RANCHO CUCAMONGA Taxable Transactions (figures in thousands) Retail Stores 2000 2001 2002 2003 2004 Apparel Stores $16,620 $22,735 $19,553 $16,216 $42,400 General Merchandise 230,788 238,841 529 298,154 380,401 Food Stores 73,093 76,026 Q97 82,154 80,083 Eat and Drink 120,579 ,130,229 138,880 155,903 181,973 Furniture 20,565 19,448 22,202 39,702 99,573 Building Materials 100,987 125,897 142,899 162,629 200,152 Automotive 16,196 17,397 18,865 19,678 23,681 Service Station 77 ,492 72,899 67,778 89,451 105,112 Other Retail Stores 164,297 176,164 164,431 173.072 209,422 Total Retail $820,607 $879,636 $912,234 $1,037,000 $1,322,813 Non-Store $342,438 $329,102 $380,386 $375.665 $425.309 TOTAL OUTLETS $1,163,045 $1,208,738 $1,292,620 $1,412,665 $1,748,122 Source: State Board of Equalization. (I) Drug stores have been merged with general merchandise stores and packaged liquor stores have been merged with other retail stores. Construction Activity Building activity for the past ten fiscal years in the City is shown in the following table. CITY OF RANCHO CUCAMONGA Construction Activity Number of Permits Issued Fiscal Year 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 Source: City of Rancho Cucamonga Comprehensive Annual Financial Report FY 2004-05. RVPUB\KSNOW\706629.1 2,701 3,336 3,330 3,465 3,841 4,050 4,549 5,229 5,327 5,364 G-4 Building Permit Valuation $119,994,268 138,045,375 185,119,239 259,593,466 370,105,582 454,882,923 498,964,341 532,582,019 754,911,074 711,730,564 / {)S5 Public Utilities and Services Police protection is contracted from the San Bernardino County Sheriffs Department. A Sheriffs substation is located within the City liniits. Fire protection and rescue service are provided by the City-managed Fire Protection District, which covers an area of approximately 53 square miles. Southern California Edison Company furnishes electricity and Southern California Gas Company furnishes natural gas to the City. Industrial waste and sewer services are provided by the Inland Empire Utilities Agency (formerly, the Chino Basin Municipal Water District), and water is furnished to the City by the Cucamonga Valley Water District. . .. . . Community Facilities The City of Rancho Cucamonga currently has 26 parks and 7 community centers for residents. Library services are provided by the City. Rancho Cucamonga Quakes baseball club (an Anaheim Angels minor league affiliate) currently plays its home games at the City's sports complex, the Epicenter. Education Six school districts serve the residents of the City providing local educational opportunities from kindergarten through junior college. Major colleges and universities are located within commuting distance to the City providing residents with both public and private educational opportunities in most of the major professions. Transportation Two interstate highways traverse the area. Interstate 10 is located south of the City's boundary and runs east and west, Interstate 210 is located north of the City's boundary and also runs east and west and Interstate 15 in the eastern section of the city runs north and south. Through these highways the City is linked by interstate highways to all areas of the State and to other states to the east. Three transcontinental railroads provide freight service to the City: Union Pacific Railroad, Southern Pacific Railroad, and the Atchison, Topeka and Santa Fe Railroad. Amtrak and Metrolink provide passenger service to the City. Several truck terminals are located nearby. Airline service from Ontario International Airport, which is adjacent to the City's southern boundary, is provided to approximately 50 cities in the United States. The airport has the capacity to serve wide-bodied jet airplanes and has recently undergone an expansion. Los Angeles International Airport is located approximately 40 miles to the west of the City. The Port of Los Angeles is located approximately 45 miles to the west and the Port of Long Beach is located approximately 75 miles to the southwest. Greyhound and Continental Trailways provide transcontinental bus service. The Southern California Rapid Transit District and Omnitrans furnish intercounty and local bus service. --I "'1 RVPUB\KSNOW\706629_1 G-5 J()S!o ,~