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Home My WebLink About1989/08/16 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd WeMesdays - 7,30 p.m. August 16, 1989 Lions Park Community Center 9161 Base Line Road Rancho Cucamonga •~• City Cooncilmemben Dennis L. Stout, nrnyor Pamela 1. Wdght, covn<Itmembrr Deborah N. Brown, mayor vrv-r Charles 1. Buquet, cvvnnbnema.r William J. Alexander, cvvwWnrmMr •~• Jack Lam, c~~~.uo~or.r lames L. iviarkman, cu. aroma Debra J. Adams, coy ctr.~ City ORice: 989.1831 Lion Park: 980-3143 City Council Agenda August 16, 1969 PAGE All items submitted for the Citp Couac it Agenda must ba is writing. Tha deadline for tubmiLting these itame is 5:00 p.s. on the Nedneaday prior to the meeting. The City Clark's Office reeeivea all each items. A. CALL TO ORDER 1. Pledge of Allegiance to Flag. 2. Aoll Call: Bu gust __, Alexander , Stout _, Brown _, and Wright B. ANNOUNCEMENTS/PREBENTATIONS 1. Presentation of 10-year pin to Oan Coleman, Principal Planner. 0. CONMUNI GTIONS PRON THB PUELIC Thi• is the lima and place for the general public to address the City Council. 8tsts law prohibits the City Council from add resaiag nay issue not prev ioualy included on the Agenda. The City Council mnp receive testimony nod set the matter for a cubaequevt meetivg. Comments are tc be limited to five v...~.e. w. :..o......a.. _D. CONSENT CALENDAR Tha following Consent Calendar items ere expected to be ' routive avd non-ccvtzoveraial. They will be acted upon by the Council at one five without di¢cus aiov. Any item may be removed by a Covncilaeabar or member of the audience for discussiov. 1. Approval of Minutes: Suly 19, 1989. 2. Approval of Warrants, Register Noa. B/2 /89 and 8/9/89 and 1 Payroll ending 8/3/89 for the total amount of 3. Approval to authorize the advertising of the "Notice 11 Inviting Bide" for the Milliken Avenue Median from 4th to 6th Streets end Eaet Side Entry Monumani Improvement Project, to be funded from Beautification Punde, Account Nos. 21-4647-8814 and 21-4647-8719 (FY 89/90). ;'J 1hiJ~ti ... ~~./ 7 City Council Agenda Augur[ lfi, 1989 PAGE RESOLUTION NO, 89-360 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIPORNIA, APPROVING PLANS AND SPECIFICATIONS FOA THE "H ILLIKEN AVENUE MEDIAN IMPROVEMENT FROM 4TH TO 6TH STREETS AND EAST DIDE ENTRY MONUMEIIT", IN SAID r.Ty ppn AnmyOF T_Z1NG AND DIRECTING ?9°_ CITY i CLERK TO ADVERTISE TO RECEIVE BIDS 4. Approval to authorize the advert Laing of the "Notice 16 Inviting Bide" far the Et iwanda Avenue Cobblestone Curs and Gutter Improvement Project located on the west aide of Etiwanda Avenue, north of Victoria Street, to be funded from Beautification Funtls, Account No. 21-4647- 8822 (FY 88/89). RESOLUTION NO. 89-Bfil 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND BPECIPICATIONS FOR THE °ETIWANDA AVENUE COBBLESTONE CURB AND GUTTER" LOCATED ON THE WEST SIDE OF ETIWAPDA AVENUEr NORTH OF VICTORIA STREET, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BlDs 5. Approval to authorize the advertising of the ^NOtice 21 Inviting Bids" for the Haven Avenue Median, Phase IV-A Improvement Project, located from Haven Village Drive to Highland Avenue to be Eunded from Beautification Funds, Account No. 21-464]-8795 (FY 89/90). RESOLUTION NO, 89-362 1.2 A RESOLUTION OF THE CITY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIPICATIONB FOR THE "HAVEN A'JENUE MEDIANS, PHASE IV-A" IN SAID CITY AND THE CITY CLERK TO N ADVERTISE TO RECEIVE BIDS 6. Approval to assign two crossing guards to Amethyst Avenue 7.G in the vicinity of Alta Loma Elementary School, based on the recommendation of the Public Safety Commission. y, t ~l nYl ~~~ E ~,' Y5{i`: City Council Agenda August 16, 1989 PAGE 7. Approval to purchase riding lawn mower and required ~ 37 trailer £rom C.R. .Taeechke, Inc Otporated of San Diego, California, for the amount of $25,107.38 to be funded from Account Number 72-4225-7045 (FY 89/90). 8. Approval to execute Renewal Ayreement (CO 89-136) far 38 the Landscape Maintenance Contract for Haven Median Lela n3e and San Bern ardin0 COU my FlOOd COnt r01 Wasb °_..^.ds to Mariposa Landscapes, Incorporated of South E1 Monte, California, for the amount of $133,610.C0 to be funded by General Fund, County Flood Control Agreement, Landscape Maintenance Assessment Dietz icte 3B and 4; Account Numbers 01-4647-6028, OB-4647-6028, 46-4130-6028 and 43- 4130-6028, respectively (FY 89/90). 9. Approval to execute Renewal Agreement (CO 89-137) foz the 39 Landscape Haintertance Contract for Landscape Maintenance D ietYiCts 2 and 4 to Landscape went of Loa Angeiea, California, for the amount of $251,916.00, to be funded by Landscape Maintenance Assessment District 2 and 4; Account No.a 41-4130-6028 antl 43-4130-5028, respectively (FY 89/90). 10. Approval t0 execute Renewal Agreement (CO 89-138) for the 40 Landscape Maintenance Contract fox General Fund Parkways and Land ecape Maintenance Assessment Dlet[icte 1, 3A, and 5 to Landscape Weat o£ Loe Anyelee, California, for the Landscape Maintenance AesesementyDistricta 1, 3A,y andu6; Account Nov. 01-4647-6028, 40-4130-6028, 42-4130-6028 and 44-4130-6028 (FY 89/90). 11. Approval to execute contract (CO 89-139) for services 41 with Inlantl Metliat ion Board for Senior Shared Noueing Services in the amount of $6,300.00 to be reimbursed by Community Development clock Grant Fu ode. 12. Approval to execute contract (CO 89-140) for services 42 with Inland Medrat ion Board for a Fair Houeinq Frogram and Housing Information and Counseling Services in the amount of $8,975.00 to be re imburaed by Community i i Development Block Grant Funds. i 13. Approval to execute an amendment to a Profe99 Tonal 43 8ervicea Agreement (CO 89-143) with Michael eraridman Associates, Incorporatetl for additional services for the preparation of an Environmental ZmPact Report for the EC iwanda North Specific Plan not to exceed $14,036.00, with said amount to be re imburaed by the Applicant. Iq ::I~j ~~1 Y' ~ ~ r{.,, City Council Agenda August 16, 1989 PAGE 14. Approval to award snd execute agreement (CO 89-162) for 44 the Beryl and Lions Park Tennis Courts Improvement Project to HubDe Equipment and Construction, san Bernardino, Californt a, for the amount of 5870,019.00 plus lOi contingency to be Funded from Park Development Funds 20-4532-8006 and 8007, 1984 State Bond Act Fu nde 29-4532-8619 and 8920, and 1985-86 Roberti-Zeberg 20- 4532_9519. 15. Approval to execute Agreement far Installation of Public 46 Improvement and Dedication (CO 89-163) between Robert W. Smith and Cheryl L. 5m ith and the City of RaneRo Cucamonga for Drainage Improvements located along the northwest corner of the Smith parcel for the Hidden Farm Culvert project. AE SOLUTION NO. 89-363 4] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OP PUBLIC IMPROVEMENT AND DEDICATION FROM ROBERT W. SMITH AND CHERYL L. SHI TM, AND AUTHORIZING THE MAYOR AND CITY CLERX TO SIGN SAME 16. Approval to execute Agreement for Inetallat ion of Public 48 Improvement and Dedication (CO 89-144) between Walter Q. ::h1L= uud .;uY le F:. nLlly m,d Lue Ci:Y ..: neu..i... Cu..e.a..nye Eor Drainage Improvements located along the southeast portion of the White parcel for the Hidden Farm Culvert Project. RESOLUTION NO. 89-366 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM WALTER Q. WHITE AND GAYLE M. WNI TE, AND AUTHORIZING THE MAYOR AND CITY CLEAR TO SIGN SAME ~ 17. Approval to execute Agreement for Inetallat ion of Public 50 I Martinez end Joen E. MertinezVand the City of1Rancho Cucamonga for Drainage Improvements located along the northeast portion of the Martinez parcel far the Hidden Farm Culvert project. _ ~l r `h . I, ~ .. , *ll`"~ City Council Aqenda Auqu et 16, 1989 PAGE RESOLUTION NO. 89-365 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM HENRY MART INE2 AND SOAN E. MARTIN&Z, ANO AUTHORIZING THE MAYOR ANO CT TY C7.F.AR TO 6IGN SAME 18. Approval o£ a Lease Agreement (CO 89-146) with 52 Metropolitan Water District for use of six acres of Di at rict property for Beryl Park for 51,200.00 per year. 19. Approval to execute Contract Change Order No. 1 (CO 89- 62 147) for the Nil leide Avenue Storm Drain and Street Improvements from Archibald Avenue to the Upper Alta Loma Channel, by Associated Engineers, Incorporated, for the atld it Tonal study and design of local drainage facil it Tee, as required by son eornardino County Plood Control, in the amount of $3,500.00 to bring the new contract total amount to $14,700.00 to b¢ funded by Ci[y-w itle Storm Drain Feea Account No. 23-4637-8862 (FY 88/89). 20. Approval of Parcel Map, execution of Improvement 63 Agreement, Improvement 5e curity, Real Property Improvement Contract and Lien Agreement (CO 89-148), and Ordering the Annexation to Landscape Maintenance District ' 2Vfor yParcel~Map 5996 , .located .south of Wilson Avenue, east of Mayberry Avenue, submitted by Randolph E. Davis and Sandra P. Davie. AESOLUT ION NO. 89-366 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5996, (TENTATIVE PARCEL MAP NO. 5996), IMPROVEMENT AGREEMENT, IHPAOVENENT SECURITY AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN POREEME NT i i RESOLUTION NO. 89-367 65 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFOTW IA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 5996 t':~?". ~._y ')i' li Y)t!~ City Council Agenda Augu sr :6, 1989 PAGE 21. Approval to execute Improvement Agreement Extenaien for 68 CVP 84-34 located on the nort heaet corner of Baee Line Road and Carnelian Avenue submitted by MHWJ Properties. RESOLUTION NO. 89-368 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALSPORNTA, APPROVTNC, IMPROVEMENT AGAEElUiNT EXTENSION AND IMPROVEMENT SECURITY FOR CUP 84-34 22. Approval to execute Improvement Agreement Extenaion for 7L Tract 13642 Kenyon Park, located on the northwe et corner of Kenyon Way and Lark Drive, submitted by William Lyon Company. RESOLUTION NO. 89-369 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY POA TRACT 13442 XENYON PARR 23. Approval of cetluct ion of Pait hful Performance Hond for 74 Tract 12671-1 through -4 located on the northwest corner of Nilliken Avenue and Mountain View Drive, aubm fitted by Accept: Faithful Performance Eond (Street) $ 103,400.00 Release: j Faithful Performance Hond (Street) $1,034,000.00 24. Approval to accept Improvements, Release of Bonds and 75 Notice of Completion for: Tract 10414 located on Riverside Avenue between Hillside Road and Vista Street Rel¢aee_ I I 1 1 1 I N'A ttnilll VnYtn_r m T_IIr P_ _An__n r_1 /cryo_c_r_\ [_ 'l17 '1 S_n_ n_ r , t\ I I Accept: Maintenance Guarantee Certificate of Deposit. (Street) $ 32,250.00 Y',\~~~' ~~ 1+~` City Council Agenda August 16, 1989 PAGE RESOLUTION NO. 89-370 7h A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10414 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THB WORR DR 87-16 located on the west aide of Etiwanda Avenue 77 between Foothill Boulevard and Arrow Route Faithful Performance Bond (Street) $ 10,00D,00 RESOLUTION N0. 89 -3]1 I 7$ A RESOLUTION OF THE CITY COUNCIL OF THE CI'PY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-16 AND AUTHORIZING THE FILING OP A NOTICE OF COMPLETION FOR THE WORE DR 88-18 located on the west aide of Santa Anita Avenue, 7g 2.000 feet north of 4th Street Faithful Performance Bond (5t rest) $ 14,000.00 RESOLUTION NO. 89-372 BO A AESOLUTI ON OP THB CITY COUNCIL OP THE CITY OP RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THB PV BLIC IMPROVEMENTS FOR OA 88-18 AND AUTHORIZING THE FILING OF A NOTIC£ OF COMPLETION FOR THE WORR DR 87-09 located on the south side of Arrow Route 2500 S1 feet west of Rochester Avenue Faithful Perf oimance Bond (Street) $ 408,000.00 RESOLUTION NO. 89-373 82 i i A AESOLVTION OF THE CITY COUNCIL OF THE CITY ns nn r aun a rnr r Tn errs om. r r n r r nn g H O y _. p u . T___ £ PUBLIC IMPROVEMENTS FOR OR 87-09 ANO AUTHORIZING THE PILING OF A NOTICE OF COMPLETION FOA THE WORE Z c~~t;t City Council Agenda August 16, 1989 PAGE 25. Approval to accept Improvements, release of Maintenance 83 Guarantee Bond for: Tract 115]] located on the we et aide of Hermosa Avenue south of Baee Line Road Maintenance Guarantee Bond (Street) $ 4,900.00 Tract 12670-1 throuoh -4 locatetl on the south aide of 84 Baas Line Road. between Spruce Avenue and Milliken Avenue Maintenance Guarantee Hood (Street) $ 82,995.00 Tract 13062 located on she north aide of 19th Street 85 between Amethv et Avenue and Archibald Avenue Maintenance Guarantee Bond (Street) $ 26,100.00 N. CON9~lT ORDINANCES The felloring Ordinanees have had public hearings at tha time of first reading. 8acond resdinga ere expected to be routine and non-controversial. Tbep will be acted upon by the Council at one time without discussion. The Citp Clerk will read the title. Rap item can be removed for discussion. 1 n' p ~ c ^ ^ ^ 89 O1 V CITY OP AANCHO CUCAMONGA - Eet ablishment of criteria for car washes within Neighborhood Commercial D16LY1Ct 6. ORDINANCE NO. 39B (second reading) &h AN ORDINANCE OF THE CZTY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING CAR WASHES WITHIN NE IGHBOAHOOD COMMERCIAL DISTRICTS 2. AMENDMENT TO THE CONDOMINIUM CONVERSION ORDINANCE - An l amendment to Chapter 17.22 of the Municipal Code, i i i t mnrii rvinn _nart:nn s... n T i conversions to be consistent with Development Code perking raga irementa. {_r, ;`, ~i 4~ -" City Counetl Agenda August 16r 1989 PAGE ORDINANCE NO. 399 (second reading) 87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGAr CALIFORNIAr AMENDING CHAPTER 17.22 OF THE MVNICZPAL CODE, MODIFYING PARRZNG AEQUIRENENTS t'OR CONDOMINIUM CONVERSIONS TO EE CONSISTENT WITH DEVELOPMENT CODE AP,QtIi REMRNTR P. ADVERTIHED PUBLIC HEARINGS The following iters have bees advertised snd/or posted ac public hearings as required by law. The chair will open the meeting to receive public teetisovy. 1. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT R9- 88 03 - CITY OF RANCHO CUCAMONGA - An amendment to the circulation element of the Rancho Cucamonga General Plan to restore through traffic to Highland Avenue between Haven Avenue and Deer Creek Channelr with a connection to Highland Avenue from 19th Street near San B^nito Avenue. RESOLUTION NO. H9-374 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGAr CALIPORNIAr ADOPTING AMEND THE GENERAL PLAN CIRCULATION ELEMENT BY THE ADDITION OF HIGHLAND AVENUE BETWEEN HAVEN AVENUE AND DEER CREEK CHANNEL, WITH A CONNECTION TO 19TH STREET NEAR SAN BENITO AVENUE 2. MODIFICATION TO DEVELOPMENT REVIEW 88-32 - NELSON - An 101 appeal of the Planning Commise ion's dec ieion to modify a condition of approval requiring the payment of an in-lieu fee for landscaping within the I-15 Freeway right-of-way along the project frontage of 1.55 acres in the General I nduetrial Specific Plan, located on the we et aide of Hyssop Drive, north of 4th Street - APN 229-331-02 ~ i (Continued from the July 19r 1989 seating) i 4.:;~~'; F~~~ PAGE City Council Agenda Augu et 16, 1989 10 RESOLUTION NO. 89-340 112 A RSSOLVTI ON OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCRMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PITfNNING COMMISSION'S DECISION TO MODIFY A CONDITION OF APPROVAL REQUIRING PAYMENT OF AN IN-LIEU FEE FOR LANDSCAPING WITHIN THE I-15 FREEWAY fDEVOREI FREEWAY RIGHT-OP-WAY, FOA THE DEVELOPMENT OF AN INDUSTRIAL BUILDING ON 1.55 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 14), LOCATED ON HYSSOP DRIVE AND NORTH OF 4'TH STREET, AND MAKING FINDINGS ZN SUPPORT THEREOF 3. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS 115 AMENDMENT 89-02 BLAC1(HON HOMES. INCORPORATED - A request to pre-zone approximately 25 acres located on the northeast coiner of Highland and Rochester Avenues to Law Density Residential (2-4 dwelling unite per acre) - APN 225-152-01, 02, 03, 09 and 18. ORDINANCE NO. 400 (first reading) 128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 89-02, PRE- ZONING APPRO%IMATELY 25 ACRES OF VACANT LAND mn inv n~.+e.m _ • ' _ FER ACRE) LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES ANO HARING FINDINGS IN SUPPORT THEREOF - APN 225-152-01, 02, 03, 04, AND 18 4. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGRFEMENT 89-03 - BLACEMON HOMES, INCORPORATED - A reque et to approve a development agreement (CO 89-169) for approximately 25 acres consist ing of 78 residential lots located at the northeast corner of Iighland and Rochester Avenues - APN 225-152-01, 02, 03, 04 and 18. ORDINANCE N0. 401 (fire[ readzng) ]70 I i i i 1 an VnU1bNN Ce OF 'l'HF: CITY COII N(`I 1. OV THE !`T Tv OP RANCHO COCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 89-03 FOR APPROXIMATELY 25 ACRES OF VACANT LANG LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES, AND NAMING FINDINGS IN SUPPORT THEREOF - APN 125-152-01, 02, 03, 04, AND 18 Y ~sf ,~ 1 r~ PAGE City council Agenda August 16, 1989 11 5. ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREEMENT 89-03 - BLACI(MON HOMES. INCOAPOAATEO - A request to approve an annexation agreement (CO 89-150) foc development and annexation of approximately 25 acres located on the northeast corner of Highland and Rocnester Avenues - APN 225-152-01, 02, 03, 04 and 18. RESOLUTION NO. 89-375 184 A RESOLUTION OF THE CITY COVNC IL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREEMENT 89-03 (HOMESTEAD LAND DEVEZOPMENT), FOR DEVELOPMENT AND ANNEXATION OF APPAO%IMATELY 25 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES AND N.AI(I NG FINDINGS IN SUPPORT THEREOF - APN 225-152-01, 02, 03, 04, AND IB 6. APPEAL OF HNV IRONMENTAL ASSESSMENT AND CONDITIONAL USE 191 PERMIT 89-19 - UNIVERSAL ARCADE - An appeal of the Planning Commie sion'e approval of a reque et to establish an ar cede in a leased space of 850 square feat within an existing commercial center on 1.26 acres of land in tiles General Commercial District, located at the southwest corner of Arrow Route and M81ven Avenue - APN 209-Od-151. 7. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ISSUANCE OP 219 A NEGATIVE DECLARATION FOR THE PROPOSED CHURCH STREET WIDENING PROJECT FROM AACHI BALD AVENUE TO HAVEN AVENUE RESOLUTION NO. 89-376 220 A RESOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSE8SMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE OECLAAATION FOH THE PAOFOS ED CHURCH STREET WIDENING PROJECT 8. CONSIDERATION OF THE DETACHMENT OF TRACT 12659-1, IACATED 274 OY THE SOUTHWEST CORNER OF ET IWANOA AVENUE AND 24TH GTR G_F_T A_Np TP AI:T I%M %11. LUI;A'1'F:II C)H 'l'H Y. NVH1H SIuE Ve HIGHLAND AVENUE BETWEEN ETIWANDA AND EAST AVENUES, FROM LANDSCAPE M.AI NTENANCE DISTRICT NO 1 AND ORDERING THE ANNE%ATION OF TRACT NOS. 12659-1 AND 12870 TO LANDSCAPE MAINTENANCE DISTRICT N0. 7 '. h1~ ` t i' t PAGE City Council Agenda August 16, 1989 12 RESOLUTION NO. 89-377 235 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA~ CALIFOANIA~ APPROVINC THE DETACHMBNT OP TRACT NDb. 12699-1 AND 12870 PAOH LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ORDERING THE WORK IN CONNECTION WITH THE ANNEKATION OF SAI^ TRACTS TO LAN^SCAPF. MAINTHNANCE DISTRICT NO. 7 AND ACCEPTING THE FINAL ENGINEER'b REPORT FOR TRACT NOS. 12689- 1 AND 12870 9. APPROVAL OF HNVIRONMENTAL INITIAL STVDY AND ISSUANCE OF 242 A NEGATIVE DECLARATION POR THE ETIWANDA/SAN SEVAINE AREA MASTER PLAN OF DRAINAGE REPORT - Recommend that the City Council adopt the attached Reaolut ion accepting and approving the Environmental Initial Study for the EtiWanda/San Sevaine Acea Master Plan of Drainage Report and the issuance of a Negative Declaration thereEo[ and tlirect the City Clerk to file a Notice of Determination pursuant to the California Environmental Quality Act. RESOLUTION NO. 89-378 243 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA~ CALIFOAN IA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A ^ , ` SEVAINE AREA MASTEA PLAN OF DRAINAGE REPORT ~ 10. THE ADDITION OF A NEW CHAPTER TO TITLE 13 OF THE 257 MUNICIPAL CODE ESTABLISHING A DRAINAGE FEE FOR NEW ~ DEVELOPMENT IN THH ETIWANDA AND bAN SEVAINE AREAS - Recommend that the City Council introduce the ordinance relative to the eatabliehment of an Et iwanda/ban bevaine Area Drainage Plan ORDINANCE NO. 402 (firer reading) 258 AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONCA~ C.gLIFORNIA~ ADDING A NEW CHAPTER 13.09 TO THE RANCHO CUCAMONGA I I I I I MiiryI CIYAL CI NI F:. F.iTA Ri.i aNiNf. _A nRATNARC' rs I FOR ALL NEW DEVELOPMENTb WITHIN THE ETIWANDA/SAN bEVAINE LOCAL DRAINAGE AREA 'p~'~'W ;mil ~`: ~ i .,. i~ r7~~ PAGE City Council Agenda August 16, 3989 13 O. PUHLIC HEARINGS The fvllowivg items have no legal publication or posting raquiremeats. Thm Chair rill open the meeting to receive public Leatimonp. 1. ADOPTION OF RESOLUTION ESTABLIEHING UPDATED DRAINAGE FEES 263 I`t '" °T•HANDA AND SAN SEVAINR AAF.AS RESOLUTION NO. 89-379 265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOPN IA, ESTABLISHING ^POATED DRAINAGE IMPROVEMENT PEES FOR ALL DEVELOPMENTS WITHIN THE ET IWANDA/EAN SE`lAINE IACAL DRAINAGE AREA OF THE CITY OF RANCHO CUCAMONGA 2. EMINENT DOMAIN ACTION TO ACQUIRE PUBLIC RIGHT-OF-WAY FOR 268 THE BASE LINE ROAD WIDENING PROJECT BETWEEN VICTORIA PARK LANE AND INTERSTATE 15 - Public Heazing of protests regarding Eminent Domain action to acquire public right- of-way foY the Base Lina Aoad Widening Project between Victoria Park Lane and Interstate 15 at the properties located at 13096, 13658/ 12659, 12951 and 13053 Base Line Road and 7322 Etiwanda Avenue (APN'e 227-131-08, 227-111- 33, 227-171-19/ 1100-011-01 and O6 respectively and 227- V front age of said propert ie e. (Continued from acroee the August 2, 1989 meeting) RESOLUTION NO. 89-341 276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF FOR APN'S 227-131-08, 227-111- 33; 227-1]1-19, 1100-011-01 AND O6 AND 227- 161-04 ~ i i H. CITY MANAGBR'e STAFp REPORTS The following items do vot legally require evp public testimony, although the Chair map open the meetivg for public input. Y:,i, tt': .' ,,~ T J~.~ PAGE City Council Agenda August 16, 1969 14 1. CONSID8RATION OP ISSUING A LHTTER OP INTENT FOR THE CITY 284 TO PARTICIPATE IN A WEST ENO B00 MHZ COHMVN ICATION SYSTEH AND TO PARTICIPATE IN A JPA FOR THE OPERATION OF TNAT SYSTEM 2. FIRE HYDRANT MAINTENANCE PROGRAM - Status report on the 286 fire hydrant maintenance program developed jointly by the Ccw.-.a.-.ya CouaF Water Diat: ict a.'.d t:e Ra.'.c.`.o C::caroaga Fire Protection District. 3. CONSIDERATION OF RESOLUTION REOVESTING THE COUNTY OF SAN 289 BERNARD INO DENY A TIME EXTENSION FOR THE ROCX CRUSHER PROJECT - Orel Report RESOLUTION NO. 69-360 290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGAr CALZ FORNIA, REQUESTING THE COUNTY OP SAN BERNARD INO DENY A REQUEST FOR A TIME E%TENSION OF THE SITE PLAN AND MINING RHCLAHATION PLAN POR THS PROJECT I(NOWN COl47ONLY AS FOURTH STAEBT ROCX CRUSHER TO BE LOCATED ON SAN BERNARDINO COUNTY FIAOD CONTROL PROPERTY GENERALLY NORTN OF HIGHLAND AVENUE ~ (ROUTE 30( BETWEEN MILLI XEN AVENUE ANU THE DAY CREEX CHANNEL I. COUNCIL BUSZNE88 The following 1Lams have been raquesied by iha City Council for discussion. Tbey era not public heerivg items, although the Cheir may opev the meeting for public input. 1. NORDIC WO005 UPDATE 291 ~~ 2. CONSIDERATION OF PARTICIPATION IN COMMUTER RAIL LOCATION SEARCH (Orel Diecueeien) S. ZDENTI FZCATION OP ITEMS FOR NEZT MEBTINO 1 1 1 T.:id is Lhv Limd £Lti GiLy wd4'Cii Ld iaa:.Lify Lud ii die L`u6I i wish to diwue• at the nett eeeting. These itasx Will not be diacuez ed mt thi• meeting, only identified for the next meeting. Y-" `:~~.! PAGE City Council Agenda August 16, 1989 15 F CONMONICATI0N9 PROM TH6 PVBLIC This is the tLa and place for the general public to address the Citp Couvcil. State law prohibits the Ciip Council frog eddresaing nap issue not previouslp included on the Agevda. The Ciiy Council cap receive testiaovy end set Lhe natter for a subsequent aeeting. Coaaents era to be liaited to five cinutes per indiridue 1. L. ADJOVRNMBNT I, Debra J. Adams, City Clerk of the City of Aancho Cucamonga, hereby cect iEy that a true, accurate copy of the foregoing agenda was posted on August 11, 1989, seventy-two (72) hours prior to the meet inq per Government Code 54953 at 9320-C Base i Line Aoad. i i 1~~ July 19, 1989 CITY of RANCHO CUCAMONGA CITY COUNCIL MINUTRS Aecu gar Meeting A. CALL TO ORDER A regular meeting of the City council of the City of Rancho Cucamonga met on Wetlnesd ay, July 19, 1989, at the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:30 p.m. by Mayor Dennis L. Stout. Present were Councilmembeze: William J. Alexander, Deborah N. Brown, Pamela J. Wright, and Mayor Dennis L. Stout. A 1so present were: City Manager, Jack Lam; Deputy City Manager, Linda D. Daniels; City Attorney, James Markman; City Clerk, Debra J. Adams; Senior Administrative Aes istant, Duane Bakery Administrative Analyst, Diane O'Neal; Administrative Aide, Susan Mickey; Community Services Manager, Joe Schultz; ^epu ty City Planner, Otto Rroutil; A9ei et ant Planner, Brett Horner; City Engineer, Russ Maguire; and Rancho Cucamonga Fire Protection District, Chief Ron Mayfield. Abse nc was Counciimembe r: Cigar inn J. Buyuet R R R R R i B. ANNOUNCBMENTS/PRESENTATIONS S1. Swearing-in of City Clerk. Mayor Stout conducted the swearing in of Debra J. Adams as City Clerk. 0. COMMUNICATIONS FROM TAE PUELIC Bill Rue of the Building Industry Aeeociat ion (BIA), 1150 North Mountain Avenue, Saite 203, Upland, commended Linda Daniels for her help, and thanked the City of Rancho Cucamonga for their continued support in the work they have done in promoting the construction of the third high school in the City of Rancho •.U l'a 111,/114 a. David RogoEf, 8229 Plac ids Court, asked that the City Council place an item on their next agenda for a public hearing on the City having their own Police Department. Mayor Stout stated this item would be discussed later in the meeting if Mr. Rogo Ef would care to et ay and listen to the disco esion, and that he could give hie input at that time. R n R. R R City Council Mlnutee July 19, 1989 Page 2 D. CONSENT CALENDAR . ^1. Approval of Minutee: June 15, 1989; June 21, 1989 C2. Approval of Warrants, Reg iater Nos. 7/5/89, 7/12/89 and Payroll ending 7/6/89 for the total amount of $3,356.885.48. nv. Alcoholic Reverses Aoolication for On Sale General Eatine P1 sce for Pepper's Mexican Cantina, Joseph M. and Sally A. Moaqueda, 9740 19th Street. D4. Approval to open escrow with Jon and Mary Jane Schrader and Robert P. Novell, Loren and Barbara Fritz, Joee and Norah Chao and John and Sara Viramontez for purchase of land at 12934, 13104-1318d, 1290fi and 13048 Base Line Road, respectively, to obtain the right-of-way £or the ease Line Road Widening Project between Etiwanda Avenue and Interstate 15 for $11,500.00, $25,000.00, $12,100.00, and $1,000.00 respectively, plus escrow co ate of $5,000.00 to be paid from Syatema Feee Account No. 22-4637-8730 (FY 89/90). D5. Approval to awartl the Victoria Street Improvement Pcoject, between East Avenue and Etiwanda High School, for the amou ni of $87,210.40, to be funded from Syatema Development, Account No. 22-4fi37-8853 (FY 89/90). D6. Approval to award the Vineyard Avenue at the A.T. 6 S.F. Railroad Crossing Improvement Project between 8th Street and 9th Street to Larsen and Leaveren z, Incorporated, for the amount of $56,575.00, to be funtleC with Systems Development, Account No. 22-4637-8850 (FY 88/89). intersection of Victoria Avenue antl1Haven Avenue, Base Line4ROad and'Valenc is SC rest, and ease Line Road and Ramona Avenue Project awarded to Sierra Pacific Electrical for the amount of $197,556.00 ($179,605.00 plus l0a contingency) to be funded from 5.0. 325 TDA Account No. 12-4637-8826, 12-4637-8827 and 12-4667- 8852 (FY 88/89) (Awartled June 21, 1969). D8. Appreval to execute agreement (c0 89-115) Eor computer data oEf-site storage with Datavflult (United States Safe Deposit Company) in the amount of $3,400.90 to be funded from contract eery ices Account No. 33-4133-6028 (FY 89/90). D9. Approval to execute contracts Eor computer hardware/software maintenance with Waetek Computer 8erv icre (CO 89-116), NBI Incorporated (CO 89-117), Cal Comp (CO 89-118), Tektronix (CO 89-119), Technic Computer Service (CO 89-120), and [,~~mo l` ___ !!`n N4-1')1) _ fhn ! .al _ _____ of C44~4 i"): Il(1 hn I.n fi~nn cn Fvnm Contractmn 8ervicee Accounts 33-413D-6028 n'($63,331 .00) antl 33-9133-6020 ($36,606.00)(FY 89/90). D10. Approval of a Joint Uee Agreement (r,0 89-122) between Southern California Edison Company antl the City of Rancho Cucamonga for the relocation and reronetruct ion of 66 RV power poles along the north side of Base Line Road from Milliken Avenue to Rooheeter Avenue. City Council Minutes July 19, 1989 Page 3 RESOLUTION NO. 89-323 A AESOLUT ION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL IFOANIA, APPROVING A JOINT UEE AGREEMENT BETWEEN SOUTNERN CALIFORNIA EDISON COMPANY AND THE CITY OF RANCHO CUCAHONGA FOR THE RELOCATION AND AECONSTAVCTION OF 66 RV POWER POLES ALONG EAHE LINE ROAD FP.OM MILLIREN AVF.NIIF. TO ROCHF.RTF.R AVF.NUF. Dll. Approval of a Joint Uee Agreement (CO 89-123) between Sout he cn California Edison Company and the City of Rancho Cucamonga for the relocation and reconatcuction of 66 EV power polee along the north side of Baee Line Road from Haven Avenues to Valencia Avenue. AESOLUTS ON NO. 89-324 A AESOL'JTION OF THE CITY CCUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A JOINT USE AGREEMENT RETWEEN SOUTHERN CALIFORNIA EDISON COMPANY AND THE CITY OF RANCHO CUCAMONGA FOR RELOCATION AND RECONSTRUCTION OF 66 XV POWER POLES ALONG BASE LINE ROAD FROM RAVEN AVENUE TO VALENCIA AVENUE D12. Approval of Joint Cone tru ction Agreement (CO E9-124) with Cucamonga County Water Dtetrict for inetallat ion of sanitary sewer line in conjunction with the City renovation o£ Fast Beryl Park and construction of Weat Beryl Park Improvements. ^13. Approval of Soint Uee Agreement (CO 89-125) with Cucamonga School District Eor City improvement of Cucamonga Elementary School playf ielda. ^14. Approval of InataLlat ion of Public Improvement find Dedication Agreement (CO 89-126) between Charles L. Fultz and Der nice D, Fultz and the City of Rancho Cucamonga for Street Frontage Improvements located along the southeast corner of Victoria Street and East Avenue for the Victoria Street Project - East Avenue to Et iwanda High School. RESOLUTION NO. R9-325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALI FOANIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM !•[lpVi CC i~ }.•LILT•1 THD RFPNT!`F D_ PII i,T'! LND ALIT H(1R?ITNf. THE MAYOR AND CITY CLERK TO SIGN SAME D16. Approval of Re imbureement Agreement (c0 69-127) foz undergrounding of overhead utilities, for Development Review E6-07, located at the northeast corner of 6th Street and Haven Avenue, eubm itted by Arical Propert ie e, Incorporated - UR 002. City Council Minutes July 19, 1989 Page 4 RESOLOTION N0. 89-326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENT EXECUTED ON JUNE 8, 1989 EY ARICAL PROPERTIES, INCORPORATED FOA UI7DEAGROUNDING OF OVERHEM UTILITIES ON 6TH STREET AT THE INTERSECTION OF HAVEN AVENUE D16. Approval to amend Contract (CO E6-053) for Vector Control Services to allow atljustment of time allocation to address current needs of community. ^17. Approval to ac eept Improvements, Release of Bonds, and File a Notice of completion for: Tract 13555 located on the Bout hweet corner of Banv an Street and Mt. Ba ldv Place Release: Faithful Performance Bond (Street) 5133,000.00 Accept: Maintenance Guarantee Hond (Street) 5 13,300.00 RESOLUTION NO. 89-327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS nur, rnxu i~ •»oo waa• ruru nuanvnr aiw~ ins erurni, yr n NOTICE OF COMPLETION FCR THE WORK Tract 13562 located on the southwest corner of Rochester Avenue and vintage Drive Release: Faithful Performance Bond (Street) $165,000.00 Accept: Maintenance Guarantee Bontl (Street) $ 18,600.00 RESOLUTION NO. 89-328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO '- '.' - "°iiA, ACCEPTING SHE' LiG iMPROVEMi:i:IS FOR TRACT 13662wWE6T AND AUTHOAL2I NG sTHE FILING OF A NOTICE OF COMPLETION POR THE WORK Tract 13022 West Located on the no[thweet corner of Pairmont Wav and Milliken Avenue City Council Minutes July 19, 1989 Page 5 Release: Faithful Performance Bond (Street) $420,000.00 Accept: Maintenance Guarantee Bond (Street( $ 42,000.00 RESOLUTION N0. 89-329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13022 WEST ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D 18. Approval to accept the Jereay Boulevard Storm Drain (Sixth Street Industrial Area, A.D. 82-1), Contract No. 89-024, as complete, release bonds and authorize the City Engineer to file a Notice of Completion. RESOLUTION NO. 89-330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, ACCEPTING TEE PUBLIC IMPROVEMENTS FOA THE JERSEY BOVLEVARD STORM DRAIN (SIXTH STREHT INDUSTRIAL AREA, ASSESSMENT DISTRICT 82-1), CONTRACT 89- 024, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION POR THE WORK D 19. Approval to accept the Et iwantla Area I and II Rehab it it ation, Contract NO. btl-1e 1, ae compiec e, rnleane oouun auu eu UIVL i2n 1.Iltl Vr1.y cuyiuem w ILLC n Notice of Completion. RESOLUTION NO. 89-331 A RESOLUTION OP THE CITY COUNCIL of THE CITY OF RANCHO CUCAMONGA, CALZ FORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE ETIWANDA AREA REIlABILITAT20N I AND II, CONTRACT NO. 88-ltil, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOA THE WORK D20. Approval. to accept the traffic signals and safety lighting at the intersection Of Etiwanda Avenue and Highland Avenue, Contract No. AB-16fi, as complete, release bonds and authorize the City Engineer to file a Notice of Completion. RESOLUTION N0. 89-332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF ETIWANDA AVENUE AND HIGHLAND AVENUE, CONTRACT N0. 8B-166, AND AUTHORIZING THE F'I LING OF A NOTICE OF COMPLETION FOR THE WORR City Council Minutes Jv Ly 19, 1989 Page 6 D21. Approval to accept detachment of Tract No. 12659-1, located on the southwest corner of fitiwanda Avenue and 24th 5t rest, and Tract No. 12870, located on the noeth aide of Highland Avenue between Et iwanda Avenue antl Eas< Avenue, from Landscape Maintenance Diet rict No. I and to annex Tract Nos. 12659- 1 and 12870 to Landscape Maintenance District No. 7 and sett in9 the date of Public Nearing for August 16, 1989. RESOLU'!'I09 Nn, uo _33a A RESOLUTION OF THE CITY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF THE CITY ENGINEER'S REPORT FOR ANNEXATION OF TRACT NOS. 12559-1 AND 12870 TO LANDSCAPE MAINTENPNCE DISTRICT NO. 7 RESOLUTION NO. 89-334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE DETACHMENT OF TRACT NOS. 12659-1 AND 12870 FROM LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF SAID TRACTS TO LANDSCAPE MAINTENANCE DISTRICT N0. 7, PVRSUANT TO THE LANDSCAPING AND LIGHTING ACT OP 1972 AND OPFEAING A TIME AND PLACE FOR HEARING OBJECT?DNS THERETO MOTION: Moved by AlexandeY, seconded by Brown to approve the Consent Calendar. nv ua,u eau rcu uu>u unum iy w-u-~ ~ouyuv~ ove~u~). E. CONSENT ORDINANCES Councilwoman Wright asked that these items be vored on eeparately. E1. CON SIDEAAT ION OF AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ALLOWING EXCLUSION OF THE CONSTRUCTION OF SIDEWALKS ON RESIDENTIAL STREETS. Debra J. Adams, City Clerk, read the tlt le cE Ordinance No. 58-D. ORDINANCE NO. 58-D (second reading) CUCAMONGA, ^CALI FORNIA,^ ADDING SECTION 12.08.040(A) TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN E%EMPTION FROM THE CONSTRUCTION OP SIDEWALKS ON CERTAIN RESIDENTIAL STREETS MOTION: Hoved by Wr lght, aeconoed by Alexander to waive full reading and approve Ordinance No. 58-D. Motion carried unanimously 4-0-1 (BUquet absent). . . : City Council Minutes July 19, 1989 Page ] E2. CONSIDERATION OP ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES FOA COMMUNITY FACILITIES DISTRICT EE-2. Debra J. Adams, City Clerk, read the title of Ord Lnance No. 397. ORDINANCE NO. 397 (secontl reading) P9 OPDINANCE OF THE CITY COUNC II, OF THE CT TY OF RANCHO CUCAMOHGA, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN A COMMUNITY FACILITIES DISTRICT MOTION: Moved by Brown, aecondetl by Alexander to waive fu 11 reading of Ordinance No. 397. Hot ion carried unanimously 4-0-1 (Baguet absent). MOTION: Moved by Brown, seconded by Alexander to approve Ordinance No. 397. Motion carried 3-1-1 (Wright no, Buquet ataent), R S f# f f P. ADVERTISED PUBLIC BEARINGS F1. REFVSE AAT6 ADJUSTMENT. Staff repot[ presented by Diane O'Neal, Administrative Analyst. Councilwoman Wright asked what have other cities have done as far as increases. Ma. O'Neal stated the following: Upland - had a 2]e increase which raised their rat ee to $11.20 effective June 27, 1989. Montclair - had a 278 increase which ra ieed their rates to $11.75. Chino - had a 288 increase which raised their rates to 510.18. Mayor Stout opened the meeting Eor a puhlic hearing. There being no reaponsa, the public hearing was closed. RESOLUTION N0. 89-335 A RESOLUTION Oe^ Tii^c CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING MAXIMUM RATES FOR _ _______r_un. WITHIN 'THE CITY OFy RANCHO CUCAMONGAy Y _ - MOTION: Moved by Brown, seconded by Wright to approve Reeo lut ion No. 89-335. Motion carried unanimously 4-0-1 (BUquet absent). f # . . . City Council Minutes July 19, 19 H9 Page 6 O. PUBLIC HEARINGS G1. APPEAL OF THE DETERMINATION OP THE BUILDING OFFICIAL REGARDING CEILING HEIGHT IN HABITABLE SPACE - An appeal requesting recone ideration of the Building and Safety Divie ion detetminat ion that eubatandard ceiling height in a previously constructed attic space ie a condition that makes the apace non- habitable. Appellants - Jef Erey and Catherine Nichols, 9083 Sunflower, Rancho Cvcam~nga (City Cnunc it to act as Hvildivg Hoard of Appeals). Mayor stout stated this item was being removed from the agenda ae requested by the applicants Jeffrey and Catherine Nichols. G2. MODIPICATION TO DEVELOPMENT REVIEW 88-32 - NELSON - An appeal of Che Planning Commission's der iaion to modify a condition of approval requiring the payment of an in-lieu fee for landscaping within the I-15 Freeway right-of-way along the project frontage of 1.55 ac ree in the General Indu et rial Specific Plan, located on the ea et aide of Hyssop Drive, north of 4th Street - APN 229- 331-02. Staff report presented by Brett Horner, Assistant Planner. Sack Lam, City Manager, stated this is not the first time this project hoe come up before the City Council, Ghat there hoe been aimilaz appeals on this subject. Councilwoman Wright asked for clarification of the map presented. Mr. Horner clarified the map presented to Councilwoman Wright. Mayor stout opened the meeting for public hearing. Addressing the City Council were: John Nelson, 18 N. Central Avenue, Upland, asked that the Council uphold his appeal because of the economic hardship it would place on him. Councilwoman Wright asked Lf Mr. Nelaon'e business would benefit by the easy access to the freeway. Mc. Nelson otated he did not feel that would have an affect on hid businee s. Councilwoman Wright asked if Mr. Nelson's business was visible Erom the freeway. vo~= wren Councilman Alexander asked if Mc. Nelson was aware of some of the expereee that he would be responsible for before he got into this. Mr. Nelson otated it was not brought up until Design Revrew, but by that time he nod already pu rchaeed the properry, He stated he is already going to have to fill Ln the retention basin which was going to coat a ccneiderable amount of money. City Council Minutes July 19, 1989 Page 9 George Robbins did not feel staff has divided the co eta of landscaping the freeway access evenly with the property owners along the off-ramps. He felt it was unfair for this particular owner to be burdened with all of these costs. There being no further public response, Hayor Stout closed the public hearing. __..... i1•.n.^..a.^. Wright asked how we aro a??e==fnn the teat of thr. corridor. Ot[o Kroutil, Deputy City Rlanner, stated all the properties along this area are having to pay for [hie ae one of their conditions, and further stated it is not a development fee. Councilwoman Wright asked if this could be done through a landscaping district. James Markman, City Attorney, stated this is Coltrane property so the City could not do this, but that the City would have to have a contract with them to do the planting. Councilwoman Wright asked if the retention basin issue was being considered separately. Ruse Maguire, City Engineer, stated that the retention basin was not the issue tonight becau ae it was not a part of the appeal. Mayor Stout stated that the basin was a condition of the parcel map long ago, and that the appeal period time limitation for that particular condition has e..~., r> ems... Councilwoman Brown et aced Chia is similar to the underground ir.g of util it lea. She felt that an Ordinance needed to be established so tt:at a scrg le property owner is not resoons ib le far paying tha total cos`. of the landscaping fees, just as a single owner is not responsible for the total and^rq rounding of utilities. Mayor Stout stated ha felt this is what the Planning Commies ion was doing here. Councilwoman grown stated she felt as many owners as possible should have to pay for this, and that this shoo ld be looked into. Mayor Stout stated that a property located neat the fsaeway is more valuable, and felt the Planning Commission was fair in their decision. .........,....i.... .......-.. _____ „_ _e14 4MU - al pA n~~l rl Fo Aon(n.i Jame9 Markman, City Attorney, at ated what he ie hearing is that the Council ie asking for a motion to direct staff to bring back a Resolution sustain ing the action of the Planning Commission on the area to be subjected to the Eee6, but modifying it eo that the cross patch area fees would only be due upon applica- tion Eor any development activity in the southern portion, except in the retention basin. City Council Minutes Suly 19, 1989 Page 30 Councilwoman Erown et ated she would at least like the option checked out to divide the cost for the landscaping. RESOLUTION NO. 89-340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING C0.,... TO::'S .,......,: C:: _.. MOD... P. CCADIT'_ON C. ... ..._..._ REQUIRING PAYMENT OF AN IN-LIEU FEE FOR LANDSCAPING WSTHIN THE I-18 (DEVORE) FREEWAY RIGHT-OF-WAY, FOR THE DEVELOPMENT OP AN INDUSTRIAL EUILDING ON 1.55 ACRES OF LAND IN THE GENERAL INDUSTRIAL DiSTRI CT (SUBAREA 14~, LOCATED ON HYSSOP DRIVE AND NORTH OF 4TH STREET MOTION: Moved by Brown, seconded by Stout to direct et afE to bring back a Resolution sustaining the action of the Planning Commission on the area to be subjected to the fees, but modifying it eo that the cross patch area fees would only be due upon application for any development activity in the southern portion, except in the retention basin. Motion tied shown as tol lows: AYES: Brown, Stout NOES: Alexander, Wright ABSENT: Euouet Councilman Alexander ae ked if it was appropriate to continue the item until some of zne augges uoaa cnar warn uwuyiu wu~ wuiyh~ wui.. ~_ .,,. ~e~ly o'er=.:. Mayor Stout stated he did not feel two weeks would be enough time to get the information that was needed, and also brought up the concern of a hardship being placed on the developer for the delay. MOTION: Moved by Alexander, seconded 6y Wright to continue the item for one month and that other pose ibil ides be presented at that time, and that Che public hearing be opened at that time. Motion carr ietl unanimously 4-0-1 (BUquet absent). Mayor Stout asked Mr. Nelson if he concurred with continuing this to the August 16, 1989 meeting. Mr. Nelson concurred H. CITY MANAGER'S STAFF REPORTS lil. CONSIDERATION TO APPROVE RESOLUTIONS TO DENY VARIANCE 89-04 ANO MINOR DEVELOPMENT REVIEW 87-71 COMMERCIAL CARRIERS - A raga set to grade and pave approximately 12 acres of land and a request to reduce the parking setback from 25 Eeet to 8 feet and the landscape setback from 35 feet to a feet in the Minimum Impact/Heavy Industrial Oietrict (Subarea 9), located on the south Bide of Jersey Boulevard, between Utica and Vincent Avenues - APN 209-143-07, OB, S 09. Continued Eros July 5, 1909 Meeting. City Council Minutes July 19, 1989 Page 11 Mayor Stout stated this was cone idered at the July 5, 1989 meeting, and that if further public input was to take place, it wou ltl need to be re-noticed in the newspaper. RESOLUTION NO. 89-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CCCA.4G:]GAr CALLFOP.:7IA, GEa`_'ING 9P.A IANCE HO. 89-04 TO REDUCE THE PARKING SETBACE FROM 25 FEET TO B PEST AND REDUCE THE LANDSCAPE SETBACK FROM 35 FEET TO 8 FEET FOR 12 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF JERSEY BOULEVARG BETWEEN UTICA AND VINCENT AVENUES IN THE MIN IMllM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9), AND HARING PINOINGB IN SUPPORT THEREOF - APN 209-143- 07, 08, & 09 RESOLUTION NO. 89-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNSA, DENYING MINOR DEVELOPMENT REVIEW NO D7-71, LOCATED AT 30807 JERSEY BOULEVARD IN THE MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (BVBAREA 9) OF THE INDUBTRIAL SPECIFIC PLAN AND MAEING FINDINGS IN SUPPORT THEREOF - APN 209-143-07r OB & 09 MOTION: Moved Dy Wright, seconded by Brown that no further discussion was needed. Motion carried 3-1-1 (Alexander no, Buquet absent). MOTION: Moved by Brown, seconded by Wrig At to approve Resolution No. 89-316. Notion carried 3-1-1 (Alexander no, Buquet absent). MOTION: Moved by Brown, seconded by Wright to approve Resolution No. 89-317. Motion carried 3-1-1 (Alexander no, Buquet absent). H2. PRESENTATION BY SANBAG STAFF REGARDING PROPOSAL FOR COUNTYWIDE BALLOT MEASURE FOR TRANSPORTATION PURPOSES. Continued from July 5, 1989 meeting. Carrie Poreyth with SANBAG, presented a staff report supporting Aesolut ion No. R9-342, and stated SANBAG is looking for the City Council to approve the expenditure plan. Councilwoman Bcown stated this le an approval on the expentlituze program only, not on the tax issue. RESOLUTION NO. 89-342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNSAr APPROVING THE E%PENDITUAE PLAN FOR THE PROPOSED SAN BE RNARDINO COUNTY TAANSPOATATION IMPROVEMENT PROGRAM City Council Minutes July 19, 1989 Page 12 MOTION: Moved by Wright, seconded by Alexander to approve Resolution No. 89- 342. Motion carried unanimously 4-0-1 (BUquet ab sent i. H3. CONSIDERATION OF ESTABLISHING APPROPRIATE STANDARDS FOA DEVELOPMENT OF NECESSARY PUBLIC FACILITIES - GROWTH MANAGEMENT REPORT ITEM NUMBER 13. Staff _e~crt presented by Jee Schultz, Community fiervi ree Manager. Hayor Stout asked if the Park 6 Recreation Commie eion had approved this. Mr. Schultz stated they concurred, but added they £elt it was not set in concrete and should be reviewed in two to three years. Mayor stout concurred this should be reviewed periodically. Councilwoman Brown asked if the City Council would be adopting the standards before them tonight. Mr. Schultz stated yee eo that staff could go back and start getting the dollar amounts. Councilwoman Wright stated she felt comfortable with approving the standards, but Chat if they were to approve something aloe, she felt that information was missing. Hr. Schultz stated they ere asking for approval on the stands rde only, and for MOTION: Moved by Brown, seconded by Alexander to approve the standards. Motion carried unanimously 4-0-1 (BUquet absent ~. F • ! H4. CONS SDEAATION TO APPROVE A RESOLVTION SUPPORTSNG A BALLOT MEASVRE PROPOSING THE LEVY OF A SPECIAL TA% TO FUND A DISTRICT PAOVIDEO PARAMEDIC PROGRAM. THE BALLOT HEASURE IS BASED UPON INFORMATIO D D O TA IN D IN THE PARAMEDIC MASTER PLAN ADOPTED BY THE FOOTHILL FIRE PROTECTION DISTRICT. Staff report prevented by Chief Ron Mayfield of the Ranchc Cucamonga Fire Protect ien D ietrict, Chief Mayfield stated he was soliciting the City Council's support of the nA' Dla Councilwoman Wright asked for a clarification on the survey, if there would bs any conflicts with the private compeniee. Chlef Mayf Leld stated that there would not be any duplication of efforts by anyone. Councilwoman Wright aekod what the coat included. City Cov ncil Minutes July 19, 1989 Page 13 Chiaf Mayfield stated personnel is the major coat, and that the equipment would 6e a one time coat. Councilwoman Brown stated she felt the community would feel assured knowing if Mercy Ambulance nod to go out of the area, the community would have someone in the City to take care of emergencies. Mayor 5!rnrt asked him to nn over the ccetinc plan oar homeowner. Councilman Alexantler stated he Eelt the people would decide if they wanted this to become a reality. Mayor Stout et aced he felt it was an excellent idea, and that the City Council should endor ea it. Councilwoman Brown asked if the City Council could go on the ballot suppocting th ie. Chief Hayfield suggested that the City Council write an argument in favor of this measure. The City Council concurred. RESOLUTION N0. 89-343 A RE BOLUT ION OP THE CITY COUNCIL OF THE CITY OP RANCHO CVCAMONGA, CALIFORNIA, SUPPORTING A OALLOT MEASURE PROPOSING PROTECTION ^DISTRICT TOm~FUND' A'T DISTRICT 'PAOVIDEDV PARAMEDIC PAOGRAH MOTL ON: Moved by Wright, seconded by Brown to approve Resolution No. 89-343. Motion carried unanimously 4-0-1 (HUquet absent). . w w . . . I. COUNCIL BUSINESS I1. SOLID WASTE/RECYCLING UPDATE - Council Subcommittee fcr Solid Waste/ASCycling recommends establishing a local environmental quality/resource recovery committee. (oral Report) Continued from July 5, 1989 meeting. Staff report preeented by Diane O'Nea 1, Administrative Analy at. Me. O'Neal stated that it is the intent to refocus the Cit izene Advisory Comm ission'e reeponeibilitiee towards recycling and solid waste ie sues. Councilwoman Wright stated that ik the Cit izene Atlvteory Commission agreed, t hair entire focus would be on environmental leeuee. City Coune it Minutes July 19, 1989 Paqe 14 Councilman Alexander stated that some of the issues the Advisory Commies ion hatl worked on had fallen under the jurisdiction o£ other commissions. He thought this would be a good time to have the Advisory Commission refocus their efforts toward anV iYOnm2ntdl 19aU86. Councilwoman Wt fight at ated they are asking for a task force to work on these types of issues, of which the membership would include the Cit iz er.s Advisory __..__L=s±c.^. an3 a.^.yore else who want e!1 rn b? inc]ndad in nc~ tarok forces. Mayor Stout et aced he felt that such items ae cable should not have to come before the City Council, but be taken care of by a City commission. Councilwoman Brown fitated she felt this should be given to the Park 4 Recreation Commission, and some other areas could be given to the other various commissions. Councilwoman Wright stated that members of the task force would have to commit to a certain amount of time to work on the environmental issues. Councilwoman Brown stated that every member of the Advisory Commission would have first choice as to whether or not they wish to be on the Recycling Solid Waste Committee. She added she felt the door ought to be left open to anyone else who wanted to be on the committee, and that there should not be a number limitation placed for the committee membership. Councilwoman Wright stated that tonight they are asking for approval of the task force in concept. It was the consensus of the City Council to approve the concept of the Recycling Solid Waste Task Force, and Ghat one member from the Advisory Commiss lon Subcommittee and one member of the Recycling Solid Waste Subcommittee would meet with the Advisory Commission to discuss the refocus of their reaponaibilitiea. The Advisory Commission meeting scheduled for July 27, 1989 would adjourn to a special meeting, at which time the representatives of both City Council Subcommittees would diecusa this with them. Jack Lam, City Manager, stated that both item numbers I2 and I3 were on the s'ANBAG agenda pcevioual y, and now it Le being asked fur the City Council to approve the Reso lutrons. m.w ...roam •..v m~nr ,gym...., gpnn..o m..+~ .~o,.,nr no ~cr+ron. m --• n~ _ nav a.n erm ........ ..... ........ OF ......,..... _,,.. .._. .. .. _. ._. ...._ ___.... .._. __ FROM SCAOMD. 13. CONSIOEAATLON OF RESOLUTION ENCOURAGING CALIFORNIA AIR HE OUR ES BOARD APPROVAL OF SCAOMD AIR QUALITY MANAGEMENT PLAN - A resolution of the San Bernardino Associated Governments urging immediate approval by the Cal ifnrnia Air Resources Hoard of the South Coast Air Quality Management Districts and Southern California Association of Governments Air Quality Management Plan. City Council Minutes July 19, 1989 Page 15 RESOLUTION N0. 89-344 A RESOLVTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING H.R. 2323, CLEAN AIR RESTORATION ACT OF 1989 RESOLUTION NO. 89-345 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, URGING IMMEDIATE APPROVAL RY THE CALIFORNIA AIR RESOURCES BOARD OP THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICTS AND SOUTHERN CALIPOANIA ASSOCIATION OF GOVERNMENTS AIR QOALITY MANAGEMENT PLAN MOTION: Moved by Stout, seconded by Brown to approve Re6olut ion Noe. 89-364 and 89-345. Notion carried unanimously 4-0-1 (EU quet absent). I4. PUBLIC SAFETY COMMISSION RECOMMENDATZON ON LAW ENFORCEMENT STUDY. Mayor Stout stated that the Public Safety Commiaeion had placed this item on the agenda, and that they were requesting to be involved in developing a liar of criteria and topics to be included within the proposed Law Enforcement Study. He added that he did not have a problem with this request. councilwoman Brown felt a subcommittee of the City Council and a subcommittee added cthat once the rinformation•hadv been-gathered, it anon ld came back to the City Council for further discussion. Mayor Stout entertained a motion for the City Council au bcommitt ee and the subcommittee of the Public Safety commieaion to begin discussion on what the scope should be for the proposed study on law enforcement. Councilwoman Wright stated she wanted the City Council to meet with the Sheriff on this issue, and to diecuee with him what services the City of Rancho Cucamonga ie now getting from the Sheriff's Department. Councilwoman Ezown felt that both the City Council subcommittee and the Public Safety subcommittee should work up criteria prior to the meeting with the Sheriff. It was the consensus of the City Council that both aubcommltteea could come up with criteria to theca se with the Sheri £f, and at the same time, be working up criteria and topics to be included within the proposed Law Enforcement Study. . w . . e ~ City Council Minutes July 19, 1989 Page 16 S. IDLNTIPICATION OP ITRNS POR NBTT MB6TIN6 Councilwoman Wright felt a meeting should be scheduled with Lhe Chamber of commerce to add to the list of other meetings that the city council hoe scheduled with outside agencies. Councilwoman Wright asked for a report to come back on the trails, and for .nforc~atio:. on t.`.e stcdy. Jack Lam, city Manager, stated that the Lraile et udy was handled by the Planning Department, but that when the APP'e went out it was going to coe[ more than what the City had originally planned, eo staff would be doing part of the work and a consultant would be doing a part of ti. Councilwoman Wright stated she would like a report regarding the trail systems, including bicycle, horse trials, etc., for the next meeting. Mayor Stout eiated he would like an update on the agreement with the County of San Bernardino regarding joint use of flood control. . . + . . R COMMUNICATIONS PROM THB PUBLIC John Lyons stated hr. felt the paramedic issue should be withdrawn from the ballot because he felt there were a lot of problems with it, and felt there were unanswered queetione. • • + + + . L. ADJOURNMENT HOT ION: Moved by Brown, seconded by Alexander to adjourn to Executive See ei.on to discuss pending litigation. Motion carried unanimously 4-0-1 (BUquet abe anti. Meeting adjourned at 9:50 p.m. Reepectfully submitted, Debra J. Adams ., ty .er,. 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"~ Ow?JnmO;.rPwwJO 7M1J20<w KO) 6m! nXOm 22 6062 LOr O¢LLiV'ZS <¢wOwNr LnX<¢ ~) _ ZN U T KO< JEwLO< n2<wy ZL JYZm~ ZS <~` ww ~X: ~`-i¢z<ixv~~ ~¢w J \<ONr<O iwtww j2)iu l>OS2 SUXN PpmP'Zn mmOOnTpr Imp PQOddOryPmpOn r/// JV\ m Om r„dmNm OmP1 m .nm - C[TY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16, 1989 T0: City Council and :ity Manager FROM: Russell H. Maguire, City Engineer BY: Linda Beek, Junior C1vi1 Engineer SUBJECT: Authorize the advertising of the "Notice Inviting Bids" for the Milliken Avenue Median from 4th to 6th Streets and East Side Entry Monument Improvement Protect, to be funded free Beautification Funds, Account Nos. 21-4647-8814 and 21- 4647-8719 (FY 89-90) It is recameaended that City Council approve plans and specifications for the Milliken Avenue Median fray 4th to 6th Streets and East Side Entry Monument Improveeknt Protect and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". OACKGROUND/ANALYSIS The subiect pro,)eCL plans and specifications have been coeyleted by RJM Design Group, reviewed by staff and approved by the City Engineer. The Engineer's estimate for construction is sidii,uw.iw. Leyai aurerLi>iny is scheduled for August 24 and 31 and September 7, 1989, with the bid opening at 10:00 A.M., September 13, 1989. Respe full ubmitted, r R B: Attachment RESOLUTION N0. ~ / ~ 3(~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "MILL IKEN AVENUE MEDIAN FROM 4TH TO 6TH STREETS AND EAST SIDE ENTRY MONUMENT", IN SAID CITY AHD AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIOS. 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, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Milliken Avenue Median from 4th to 6th Streets and East Side Entry Monument". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required 6y law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shalt 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 Berndrelno County, CdI 1TOrnld, U1reCLing tnls noL1Ce, HUIICG l~ HLNGtl/ GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 10;00 o'clock A.M. on the 13 day of September 1989, sealed bids or proposals for the "Milliken Rvenue Median from 4th to 6th Streets and East Side Entry Monument" in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of Milliken Avenue Median from 4th to 6th Streets and East Side Entry Monument". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Caiifornia Labor Code, Division 2, 'vart i, Chapter i, Artic ies i 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 perfornied, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the director of the 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 Lhe office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, /~ Suite C, 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. The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-five dollars (525,00) 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 hereinbefore 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. In accordance with the provisions of Section 1777.5 of the Labor Code as amendeA by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices orgy be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1177.6 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 apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works 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 Derformance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: x. Woen unemyiUymeni in fire area of wreraye uy iiie juini ayy reu live aiiiy committee has exceeded an average of 15 percent in the 90 days prior to the request fcr certificate, ur 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. i'iie CuiitrdC EUr ii reyui red iu mdke cuniribuEirins EU funds ci Eabiished fGr the administration of apprenticeship programs tf he enploys registered apprentices or journeymen in any apprenticeable 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 1717.6 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 aAy 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. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars If25.00) 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 hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or Dermitted 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 agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga fcr an amount equal to at least ten percent (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, cashier's check, certified check, or bond shall become the property of the ,.'t~ ,., ~or,,.~~„ ,.~,.aatii~3s 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 one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50%) 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 ""k `" bE dGn' ui,dEr contract which may be Entared into bEtween him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor whom a proposal form has not been issued by the City of Rancho Cucamonga. /~ Contractor shall possess 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 regulations adopted pursuant thereto at the time time this contract is awarded. The work is to be done Tn accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 9320 Base Line goad. Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the Ctty of Rancho Cucamonga and payment of f35.00 said f35.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of (15.00 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 902 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, California, reserves the right to reject any and all bids. _e ..4., r.i~s~ ..~. u! Jiw v, ~~m wu~~.~, ~. .,.C ., ty i ....... .... .........~~ 1y1, ~. .. .. ...... Gated this 16 day of August, 1989. PASSED AND A60PTE0 by the Council of the City of Rancho Cucamonga, California, this day of 1989. yor ATTEST: y er AOYERTI SE ON August 24 and 31, 1989 September 7, 1989 /~ - --CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16, 1489 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Linda Beek, Junior Civil Engineer ~I SUBJECT: Authorize the advertising of the "Notice Inviting Bids" for the Etiwanda Avenue Cobblestone Curb and Gutter Improvement i, Protect located on the west side of Etiwanda Avenue, north i of Victoria Street, to be funded from Beautification Funds ', Account No. 21-4641-8822 (FY 88-89) '~ RELONEIDATIOM: It is recommended that City Council approve plans and spec iflcations for the Etiwanda Avenue Cobblestone Curb and Gutter Improvement Protect located on Etiwanda Avenue and approve Lhe attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS The subiect pra3ect plans and specifications have been completed by staff and approved by the City Engineer. The Engineer's estimate for wua Li u~Liuu i~ nii.ei uo Le n i~+,4au.iG anu ni i.erna Le o i<v,234.uC. Leyei advertising is scheduled for August 22 and August 29, 1989, with the bid opening at 10:30 A.M., Thursday, September 7, 1989. Respectful s bmitted, ,/~/' /' "//'/~ ~' Attachment I~ RESOLUTION N0. 8 I'~ `p / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ET IWANDA COBBLESTONE CURB AND GUTTER" LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF VICTORIA 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, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Etiwanda Cobblestone Curb and Gutter". BE tT 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" San BernardinoVCounty, California,~direc ti ngVthis~noti ce, NOTICEV IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 10:30 o'clock A.M. on the 7th day of September 1989, sealed bids or proposals for the "Etiwanda Cobblestone Curb and Gutter" in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California. Bids must 6e made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "bid for Construction of Etiwanda Cobblestone Curb and Gutter". PREVAILING NAGE: Notice is hereby given that in accordance with the prnyi<i nn< nt fal ifnrnia Ld ber ~nAn Oi yiai nn 9 Gart 7 i~hapfun i Arti~la< 7 and 2, the Contractor is required to pay not less than the general~prevafling 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 of the Departnw:nt 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, 9320 Base line Road, I~ party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, Lwe my-five dollars (f25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mec hantc is Daid Less than the general prevailing rate of wages hereinbefore 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. in accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1771.5 and 1777.6 of the Labor Cade 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 1n any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works 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 unempioyment in the area of coverage by the joint apprenticeship wnri.i tLcc iica enwc~eu nn o~m oye ui i:+ percent in iiie i~ uayl prior to the request for 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 `he ''''^" tratiori ci apprenticeship pruyrdimi if he empi oys registered apprentices or journeymen in any apprenticeable trade on such contracts and 1f 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 Lhe 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 1, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty *.o the City df Rancho Cucamonga, twenty-five dollars (525.00) 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 hereinbefore 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 agreements filed in accordance with Labor Code Section 1773.8. 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 ten percent (105) 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, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. ~4J v bnV OY~.OIIN ILfU UOOI Ua LII! LUII LI G4L LU UIC rICAI. IUwCDb bi dder, ~theyamount 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 Derformance of the contract for said work shall be one hundred percent (1005) of the contract price thereof, and an additional bond in an amount equal to fifty percent (505) 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 whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess a Class "A" License (General Engineering Contractor) in accordance with Lhe provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto at the time time this contract is awarded. I~ 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 9320 8a se line Road, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of f15.00 said f15.00 is nonrefundable. Upon written request 6y the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of f10.00 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 902 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, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this day of 1989. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this day of 1989. ATTEST: y er ADVERTISE ON August 22z 1989 August 29, 1989 O - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: finds Beek, Junior CTvil Engineer ~. r- SUBJECT: Authorize the advertising of the "Notice Inviting Bids" for the Haven Avenue Medians, Phase IV-A Improvement Project, to be funded from Beautification Funds, Account No. 21-4647-8795 (FY 89-90) RECONIEMDATIOM: It is recommended that City Council approve plans and specifications for the Haven Avenue Medians, Phase IV-A Improvement Project located on Haven Avenue, between Highland Avenue and Haven Village Drive, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Btds". BACKGROUND/ANALYSIS The subject Droject Dlans and specifications have been completed by Ma dole and Associates, reviewed by staff and approved by the City engineer. ine tngineer's estimate Yor construction is s4n,ovu.uu. Cegai advertising is scheduled for August 24, 31, and September 7, 1989, with the bid opening at 10:15 A. M. on September 13, 1989. Respectf suhinitted, G '/~~^ n v __- -. R .LBasj '-~ Attachment ~I RESOLUTION N0. ~ / -3 ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE MEDIANS, PHASE IY- A", 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 wrtain improvements in the City of Ranc he Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Haven Avenue Medians, Phase IY-A". 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 ar 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, d!rec Ling this notice, NOTICE IS HEREBY ~irEn ciiac cite said icy of Honcho i.ucamunya wiii receive ac cne orrice of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 10;15 o'clock A.M. on the 13 day of September i984, sealed bids or proposals for the "Haven Avenue Medians, Phase IV-A" in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California. Bids must be made on a farm provided for the purpose, addressed to the City of Rancho Cucamonga, Cal7fornia, marked, "Bid for Construction of Haven Avenue Medians, Phase [V-A". 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 oay not less than the general prevailing ra ie of per diem wages for work of a similar character in the iocaiity in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work, to that regard, the Director of the 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, 9320 Base Line Road, Suite C, 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. The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-five dollars (525.00) 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 hereinbefore 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. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 911, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. 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 aDDrenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program 1n 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 nos exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. Nhen 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 COntraCter is required *_o make cortrihut!ons to funds established fcr the administration of apprenticeship programs if he employs registered apprentices or journeymen fn any apprenticeable 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 1777.5 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained1from the Director of Industrial Relations, d 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. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars (525.00) 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 hereinbefore 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 agreements filed in accordance with Labor Code Section 1773.8. 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 ten percent (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, cashier's check, certified check, or bond shall became the property of the City of Rancho Cucamonga. it cne Lity or Want no uucamonga awaras 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 law 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 one hundred percent (100%) of the contract price thereof, and an additional bond Tn an amount equal to fifty percent (50%) 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 whom a proposal form has not been issued by the City of Rancho Cucamonga. fontrac for shall possess a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 1000 et. seq.) and rules and regulations adopted pursuant thereto at the time Lime this contract 1s awarded, 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 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of 35.00, said 535.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursabie payment of 515.00 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 902 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done 6y 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, California, reserves the right to re,~ect any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this ddy of 1989. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this day of 1989. ayor ATTEST: y er ADVERTISE ON August 24 and 31, 1989 September 7, 1989 - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16, 1989 ~~ T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Paul A. Rougeau, Traffic Engineer SUBJECT: Assignment of Crossing guards at Alta Loma Elementary School It is recommended that two (2) adult crossing guards be approved for assignment to Amethyst Avenue in the vicinity of Alta Loma Elementary School. BACKGROUND/ANALYSIS: In response to requests from parents and officials of the Alta Loma Elementary School for traffic controls to achieve more orderly and safer traffic flow at the school, an investigation was conducted by the Engineering Division. The results of the investigation were presented to the Public Safety Commission on August i, 1989, when the written and oral staff reports and input from school and PTA officials were considered. The Commission recommends to the Council that two (2) crossing guards be assigned to the area, initially to be placed at the Monte Vista Avenue and La Grande Street crossings. This decision was based on the fact that the three existing school crossings confuse drivers and would do so even with crossing guards. Elimination of at least one crosswalk was considered essential, but the need to minimize walking on Amethyst through the area with no sidewalk was also very Important. This results in the need fur two (2) crossing guards on Amethyst Avenue. Revised street signs and markings will be placed to provide for the changes in the walking and crossing patterns. Resoec~f~Ffiy,submltted, Attachments YS~~~~ae~ n CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: August 1, 1989 ~~ PTO: Chairman and Members of the Public Safety Comm ssi on FROM: Russell M. Maguire, City Engineer BY: Pa u1 A. Rougeau, Traffic Engineer SUBOE CT: Schaal crossing measure at Alta Loma Elementary School on Amethyst Avenue nacrrvnuun• Officials and parents of Alta Loma Elementary School have requested action by the City to deal with heavy traffic on Amethyst Avenue during the hours when children are crossing to or from school. Complaints center around the disregard for the school crossings shown by drivers. Requests have included a 4-way stop at Monte Vista Avenue, speed bumps and crossing guards. II. ANALYSIS: Observations of conditions at the school have shown heavy but generally orderly traffic on Amethyst Avenue. Staff observations have been limited, however, and would not be expzcted to ;rveal the same number of incidents of concern as those of school personnel. Th> inr roaca in traffir in rarpnt vaa rc ha< ra ail tad in rnndi ti nnc which are confusing to children trying to crass Amethyst as parents are dropping off other children or driving into the school. With crosswalks at three streets, Monte Vista, La Vine and La Grande, there can be confusion for drivers as well. The three crosswalks are necessary because there is no sidewalk on the west side of Amethyst between La Grande and Monte Yista. Comparison of the numbers of children crossing and the traffic volume with the criteria used by the City to determine crossing guard need has been made. The calculation sheets are attached. The results show that criteria are 90% met at Monte Yista, not met at La Vine and 100% met in the afternoon at La Grande. The crosswalk'at La Vine i=_ 500' from Monte Vista, so a stop at iannte 'Y icta wnilid ;nays nn effert n,n, the c_pc_aA of traffit at 13 Yi n,a or farther south. Three crosswalks so close together is an undesirable situation made necessary as stated above, It would be far better to have a single crossing at La Yfne, particularly Tf a crossing guard were b PUBLIC SAFETY COMMISSION STAFF REPORT, AUGUST 1, 1989 ' SCNOOL CROSSING AT ALTA LOMA ELEMENTARY PAGE 2 present. This is possible only if a sidewalk can 6e built on the west side of Amethyst or if pro~~isions can be made to produce safe walking conditions on tie west side, during school crossing hours. Construction of 5 sidewalk would be devastating to the homes on the west side of Amethyst because of extensive landscaping and shallow set backs from the street. IrI, prrnMMENngrlny; It is recommended that the following actions be taken: 1. Remove the school crossings at Monte Yista and La Grande. 2. Recommend to the City Council that a crossing guard be assigned to the remaining crosswalk at La Yine, where, if all children cross, criteria will easily be met. 3. Establish a No Stopping zone during morning and afternoon crossing hours (a total of 4 hours per day). This would have the added benefit of preventing parents dropping students off on the west side of Amethyst between crosswalks. Respe ly~tymi tted, nnn, ~i~n. iyJ Attachments d~ _~~ ~ ~ i ~ CITY OF RA1'CI-IO CI;CA~lO\'GA c~c=~h;, .1--'' ~~-_ I ~ f~ C. I -~ i~; 'ri f-"~^~~y~~i ~.-~-_'~C'r-, I'1 ail III 977 _~-' ~^-'--'~~~ I ~ ~ i i ~ i I I-~-..~~ -` -ILL ~L._'~J'~T-' `~-- C _ .u ~~,~ ^ iii i ~-r-r ~ ~ i I i rl .: i~ , ~ ~i ~ ~ ~~ -~ ~ ` ' -y ~- I-~'CTL-~ ~ ~ ri r-~-W~.. ~ ' ~_ ~- -"/~J~ ~ ~ i~srr--7-.-rr-rr-.~~ ~C ~w ~"~E.7 ~'.11J ll_LJ~ ~' -1"'~ ,.,~_;.:,,,; G 4~A vii, ~ i~ g~3_. r~ ~ rC~ "~ +~ - r7 ~M Iii li illi _ „~~~ ~I ~ ii~il I o ~ ~~ r-~ ~ ~ RDULT CROSSING GURRD NEED EVP.L L'RTiCN LOCat ion_ AMtTHYST @ Ld C.2ayoF School- d~.TA LU,~nA r ECS,£G~42Y _ _ Start/Dismissal Times R M '~ Died once from crosswalk to school Distance to nearest signal er stop sign- 15 O D~'` r Width of street at crosswalk ~r _._ Dare of pedest rie.n counts 5 L School crossi rig at uncontrolled location. I HGUR NC. CF CHILDREN CRGSSING(MIN=eO) VEHICLE VOLUME CRITiCRL VOLUME ~-8a 20 30 (a S50 2-3a SO 321 220 ' Crossing guard justified for 2 hours? yes_rno~ 2. School cressing at tra°f is signal location. ND. OF CHILDREN HO TURNING MOVEMENTS CRIT ICRL \ CRGFSING (MIN=40) THROUGH CRIISRWCII K VMI IIMF ~ ~ 30 ~~~ 300 L1 300 Crossing guard justified for urs? yes_rno_ ,,. School crossing controlled y stop igns. HOUR NG. GF LDREN VEHICLE GLUME CRITICRL CRDSSI (MIN=40) GN 4-ERNE EET VOLUME ~I '~ ~ I L_ J ~ _ O V ~ ~ , 5r~0 Cross:ng guard justified for 2 hours? yes _rno / r CRLC. PV TA 3~ DRTE S-fS-£~G7 gDULT CRGSSiNG GURRD NEED EVRLUgTIDN Location .qM ~THYST ~ Mo~JTE IS-.a School AI.'4 i n,nn FI e.rF "'~?Y Start/Di srnissal Times ___ qM cM Distance from crosswalk to sc::col ti%~O' ~ ~~ 1 ~ , Distance to neares~ signal or slop sign- IS~n'*_ Width cf si teat at crosswalk ~{~ Date of pedestrian counts `~~3 ~p,9 .. School crossirg at uric ontro lied location. ~HCUR i N0. OF CHILDREN C RCSEING(MIN=e0) VEHICLE VOLUME CRITICRL ~~. VOLUME i -7-8zM ~ 29 R38 3"79 2-3 pM 32 319 3$~ Crossing guard ,Justified for 2 hours? yes_,no~ 2. School crossino at traffic slcnal location. HG NG. OF CHILDREN TURNING MOVEMENTS Cft~~'ICfiL C ROSSING(MIN=40I THROUGH CROSSWgLK /f/DLUME 300 300 300 Crossing guard justified for ours? yes _,no_ 3. school crossing cont toll Cy st cp ns. HOUR NO. OF HILDREN ~ CROS G(MIN=40> VEHICLE UME CRITICc.L ON 4-ERNE 5T T VOLUME ~ ~ ', I, i ~ =.nn 1 `/ ~' ~~J Crossing guard justified for 2 hol,trs^ yes _,roo / 31 CRLC. 8Y ;SA DATE _S -A-A,9 4 RDULT CROSS iNG GLq RD NEED EVRLllgi iON Locati SChocl ALTA Lo MA LIL i-t r?~-J1A~ Start /Di srni ssal Times qM -- -_--ci4 D is`. ance frr,,- crosswalk to s-hcol_~_SLH~~uL _ ~+ Dist anre tc nearest signal or stop sign 15 O O _ _ Widt,ti or street at cresswalk ~'~ Date cf pedestrian counts 5 ~ 5 ~ 8 I. School crossing at uncontrolled locat ien. r HOL,',4 NO. ^F CHI LDFEN . CROSS ING (MI N=20) VEHICLE VOLUME CR i7ICRL VOLUME ~-8z ~ 29~ I5~1 2-3 14 315 X86 ~' i _~ Crossing guard ,justified for 2 hours? yes_~no~ ~. Echccl cress'. r.g e.t *rsffic s1Sna1 location. HOU i ~ NO. OF CH ILDP.EN CROSSING (MIN=40) TURNING MOVEMENTS THROUGH CROSSWgLK C ICgL ~' VOLUME _ \ 300 ' F 300 I ~ ~__ _~-. _. ___ ~ i ' ~ I 300 L_ Crossing guard justifietl r hcurs? yes_~no ~. Schccl crossing corytPOlled by stop igns. ~- il HOUR OF CHILDREN i I CRGSS ING (MIN=~0) VEHICLE OLUME i CRITTCFL ON 4-LPNE EET VOLUME If--- i i i I I i ~ cnn °0(J E(J(, I Crossing guard just:fied for 2 ho~.m s' yes_rYio / CRLC. DY ~'Fl 3~- cgTE_S-H-r39 r Public Safety Commiae ion Mlnutee -2- August 1, 1989 tem 20. Repo et on electric wired fence around coital On Beryl end 1 was rd at this time, but the minutes will remain in agenda order. :tem 1.A. No Patkinq on Arrow Route between Vineyard and was hoard a[ this time, the minutes will remain in agenda order. ~ • • • s I^_em 1.A.3 School cr ing Reaeure at Alta Loma Ele cry School was heard at this time, but the min a will remain in agenda z. . . . • . 1. Traffic Safety A. St aft Reports 1. Re t on r Roo t v e. Staff report presented by Paul A eu, ff is Engineer. ACTION: Report reca ived and 2. Reno ~Ln dasOer Elementary Sch~l_ Bus 1Y (1e Ia9uea. 5t off report praeen by Paul Rougeau, Traffic Engi er. Chairman aoyd ae Lf we hed received a response Erom th chool Superintendent. Paul Rougeau affic Engineer, stated [here had been no ponee yet. ACTION: rt received and fi]ad. e • a is c. Report o/ne~weekenTparking llloaaan Nern`oea Avenw by Peron Bou~vard was d' usa~t~aa f ~ ^ minu{ • ~11~ i~ a~ n~~ 7. B<hool Croaein0! Nae^s~u[e at Alte Loma Elementary School. Staff report presented by Paul Aougeeu, Traffic Englnwr. Paul Rougeau, Traff lc Englnear, elec etnted another option which he felt was a Little beeter would be to eseign two crossing guards at Monty Vlata and Le Grande and eliminate the La Vine CYOtlwilk. Chairman Boyd ae ked how many crowing guards an aulgned to tM school now. ~~ Publi • -3- August 1, 1989 ~T 1"l 1 ~ V ~E 5 Paul Rougeau, Trattic Englnesr, replied none. Captain Gilmore asked if children would have to walk in the street to get io the crosswalk. Paul Rougeau, Traffic Engineer, et ated yea, they would need to walk in the street a short way. Commissioner Yankovlch asked if thin e•ctlon of street had a high curb and if there were ary atop signs between 19th and 0aee Line. Paul Rougeaur Traffic Engineer, et ated this area did not have a high curb and there were no atop signs between 19th and Eaes Lina. Chairman Boyd et ated he felt the present layout of multiple sidewalks and crosswal ke was very confusing to motorists. chairman Boyd opened the meeting for public input. Addressing the Commiae ion were: Mrs. Aleman, Principal of Alta Loma Elementary School, Ealt she second recommendation was better than the first, but wns aiill concerned about the children having to walk in the atre•t. Part of the problem ie that the warning signs are not visible. Eh• •Cat•d she would be del lghted to have croeairg guards assigned to the school. iiaren De BOlt, President of the PTA for Aita Lana elementary School, appreciated the Clty conducting the study, and agreed with she second proposal. She was apprshens iv about the children having to walk in the ah north h~nan.a {f ^ n .h n_nn:nn^ alone a. nnM..d alnnn •Ae ...e.. e:dn .. Amethyst, that will nleave room on the right for a ear to pass a car that hoe stopped to make a left turn into the school, causing a potential accident situation Involving children walking in the street. Bhe would like to see some type of a crossing signal at Monte Vista and Amethyst to Blow traffic. Commissioner Yankovlch asked haw many children would be waLkin9 Ln the street. Karen D•BOlt, PTA President, stated if the Monts Vista crosswalk was closed, Lt would W approximately 100 children. It Monte Vista was left open and Ln Vins was Cloead, it would Da approximately Z5, but even if it was only one child, she would recommend keeping the children off the etrast. IE parked cars acs gone because o[ the ^no stopping" signs, moving vehicles can access that Bide of the road more readily. chairman Boyd asked LL the etrast was wide enough in that section for two care side Dy aide. Paul Rougeau, TrnfEle Engineer, stated that it a person turntnq left was hugging Che center line, a person could pass on the eight by going of! the pavement alight ly. Commie stoner Boyd asked whet le the eats route to the school. ~~ Publ ie SaEety A ends -a- Augu et 1, 1989 ~ ~ ~ 1~T ~t ~ N u TEs Paul Rougeau, Traffic Engineer, stated currently they use the three crosswalks to keep the children from having Co walk along the street. comtnteeicner Quintana felt another problem was that the children arrive early at the school when morning commuters ate going to work, and these drivers do not obey the traffic laws. xaren OeElolt, PTA President, stated the children arc allowed to arrive starting at 7:65 a.m. Sha elated the ahrubr on the west aide of Amethyst are extremely overgrown ane could block the view. Shc also said the kindergarten parents were concerned that ihete was no adult supervision when the first Giese of students gate out at 11:00 a. m., and when the next session arrives at 11:30 a.m. Chairman Boyd stated he favors aesSgnlrg Crossing guards, but would also like to look at what else can be done to improve the eituatian, each ae clearing shrubbery from Lhe signs and improving the view. Commissioner G1 sea asked what type of sidewalk they were looking at installing. Paul Rougeau, Treff is Engineer, stated there is a minimal easement. Placing a curb sidewalk would ba destructive to the yards, and placing a parkway sidewalk would be destructive to the driveways. commies inner cl see asked if wa wars coneidsrinq a curb sidewalk Chen. Paul Rougeau, Traffic Engineer, stated yes, Irom 100 feat south of Monte Vista to south of La Grande. _..___ ~_.. __~_ --.._- .._.. ..r .r06. ..... c,.... ............u.....u >...un iy ~ waiiiiuy. Paul Rougeau, Traffic Engineer, etabd approximately 4-8 feet from the curb. commiseicner Amodt was concerned aDOUt flooding on the west side of Amethyst or. rainy days and what Lhe children would do then. Mrs. Aleman, Principal, stated the parents usually drLvr tar children to school which Lncrease• the traffic problem. commieaioner Wret asked Lf thrre was a policy to bus eM chlldrrn on talny days. Mra. Aleman, Principal, etaird teat was only on Rellman Avenue, not on Amethy ei. Commissioner r.i eau rnnu~hr w4 ehn~!ld cmnt T_t ree!^enta !.^. t!iai arcs t., sea what their oppoeit ion wou id ba to a curb sldrwslk. Commissioner Amodt stated he would like to see two crossing guards au tgned, but char the commi a ion should continue to invrsilgate the sldrwalk Soue on the weer eLde of Amethyst, and if lnstallinq a "no stopping" song causes a problem wLth pecple passing on thr right. ~~ Public S~~A FT -5~ ~ N~ • ~9~ 1, 1909 Chairman Boyd eteted ha fali the Commission should reconmend authorizing two croeaing guards. Gomm iesioner Waet et ated this particular school needs croeaing guards because the cars do not atop, and Eelt they should be at Honte Vista and La Grande. She hadn't seen too many chiltlren in the street becau ee they were usually walking on the other sitle of the parked care. Commissioner Glaae stated he was in favor of two croeaing guards. Commissioner We9t stated she would like to look into alternate lighting for she crosswalks to alert motorists. MOTION: Moved Dy Boyd, seconded Dy Amodt to recommend the City Council authorize two croeaing gu arde to be generally assigned to Honta Vista antl La Grande per staff recommendation, subject to Eurthez inveatigat ion. Notion carried unanimously, 7-C. 4. No P Yk' A o R t 6 t Vine a G a d B ke pr¢eented Dy Paul Rougeau, Traffic Engineer. Captain Gi ra et ated the dayworkera were in the area westing contractors t.o pick them IE the curbs were painted red, ha felt the uld Just move to locations fu er east and west of that area, which ao 'were doing now, because they ware inq to find work. Ha felt that t ht enforcement of traffic violet ions a to ba having en of tact. Ha ated other pose ib le options for control mi bs a to Ltatinc ord in once. trewm sei nn o+nna ann enforcement by homeowners, cooperation with th chairman Boyd opened the meatin r public hears Addreseirg the Commise ion were: Nark Jaboar, 8653 Arrow Rout requesting the curDe ba painted and felt that the dayworkare w soma people wets comoltting c he had circulated a petition hoe lived in the area five years worst of the problem, but [hat e^ and oiling drugs in front of the store. He Galt una Go leave hie unattended becau e¢ of the crime in the arse. He the Sheriffs usra g the beet Job possible in patrollLng the are ut that they ware mieel hl• criminal activity wh lch i• happening the eireet, He elated the et offenders are a grcup of five me ho era living in the fields. He t thni a red curb »' d to a pl in lmpwoing the area, and that the vo who ownwd thw Eluchico Ma t had elated to him that she would not min hs red cucbe go inq Ln. • thought it might be possible for people who llv shoe area to get rmits [or parking in ihs red zone. Pill le craft-Duffy, homeowner in Mulberry Place Townnomee, elated there a• currently only one driveway, located on Arrow, for res idant• to enter or exit the complex and felt there wa• a reel problem with itinerant workers gathering there end blocking the driveway. she stated she hoe assn 3 - CITY OF RANCHO CCCAMONGA •,e; ~y STAFF REPORT , DATF: Auqust 16, 1989 TO: City Council and Ci[y Manager FROM: Russell H. Maguire, Ci[y Engineer BY: Patrick Price, Equipment and Vehicle Maintenance Supervisor SUBJECT: Approval to purchase riding lawn mower and required trailer from C.R. Jaeschke, Inc. of San Diego, California, for the amount of $25,107.38 to be funded from account number 72-4225-7045 (FY 89-90). It is recommended that the City Council award [he purchase of: a riding lawn mower (range wing style) and trailer from C.R. Jaeschke, Inc., 8806 Complex Drive, San Diego, California, for the total amount of twenty Eive thousand one hundred seven dollars and thirty-eight cents ($25,107.38). The purchase to be Funded Erom account 72-4225-7045. BACKGROUND/ANALYSIS The Excel Hustler 340, Commercial Riding Mower, ha6 provided [he City Parks and Landscape Section excellent service in meeting the demands of the constant mowing program throughout [he City. This addition unit maintains the continuity the of equipment in use by this section. This vendor has continually provided the City with the lowest pricing consideration for several years and is the sole source of the high standard of service and parts availability for these machines within this area. Res 1 n ubmit ted, ~RHk1: PP:1~ cc: Joan Kruse, Admin. Asst. Jim Hart, Admin. Svc. Director 27 ----- - CITY OF RANCHO CCCAMONGA STAFF REPORT ' r- DATE: August 16, 1989 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Jeff Barnes, Maintenance Supervisor i, Landscaping 6 Parks SDHJECT: Approval and execution of the Renewal Agreement for the Landscape Maintenance Contract for Haven Median Islands and San Bernardino County Flood Control Wash Ends to: Mariposa Landscapes, Inc. of So. E1 Monte, CA. for the amount of $133,510.00 to be funded by General Fund, County Flood Control Agreement, Landscape Maintenance Assessment Districts 3B and 4; account numbers 01- 4647-6028, 08-4647-6028, 46-4130-6028 and 43-4130-6028, respectively. It is recommended that the City Council approve and execute the renewal agreement with Mariposa Landscapes, Inc. of So. E1 Monte for the Landscape Maintenance Contract for Haven Median Islands and the San Bernardino County Flood Control wash Ends. Background/Analysis Per previous Counml action, [he contract was awarcec on Wednesday, December 7, 1988, to Mariposa Landscapes, Inc. for the amount of $99,000.00. The contract is renewable for 3 years, on a year to year basis starting July 1989. This year, Mariposa Landscapes, Inc. is requesting a 5.18 increase in the scheduled rates. Since the award of the contract on December 7, 1908, the square footage maintained under the contract has been increased so that the contract amount is currently $127,032.00 per year. The requested 5.10 increase will raise the existing contract amount to $133,510.00. Res~~~~~submitted, i.~ ~: ~~~ cc: Jerry Fulwood, Deputy Ci[y Manager Jim Nart, Admin. Svc. Director Bob Zetterberg, Maint. Supt. Haven Median Contract file pll --- CITY OF RANCHO GUCAMONUA - STAFF REPORT i i DATE: August, 16, 1989 J TO: City Council and City Manager ~ ~~~ FROM: Russell H. Maguire, City Engineer ~ 9Y: Jeff Barnes, Maintenance Supervisor Landscaping 6 Parks SUBJECT: Approval and execution of the Renewal Agreement for the Landscape Maintenance Contract for Landscape Maintenance Assessment Districts 2 and 4 to Landscape West of Los Angeles, CA for the amount of $251,916.00, '~, to be funded by Landscape Maintenance Assessment it Districts 2 and 4; account numbers 41-4130-6028 and 43- 4130-6028, respectively. RECOMMENDATIONS: It is recommended that the City Council approve and execute the renewal agreement with Landscape West of Los Angeles, Ca. foz the Landscape Maintenance Contract for Landscape Maintenance Districts 2 and 4. i Background] Analysis ~ Per previous Council action, the contract was awarded on WPdnPadav. NnvomFn• 9 toa_u .. a,._,.,_ . $203,652.00. The contract is renewable for~~3 yyears one a year to year basis starting July 1989. This year, Landscape West is requesting a St increase in the scheduled rates. Since the award of the contract on November 2, 1988, the square footage maintained under the contract has been increased so that the contract amount is currently $239,920.00 per year. The requested 56 increase will raise the existing contract amount to $251,916.00. Res bmitted, i ~_ `R HM'd-B :~~~ cc: Jerry Fulwood, Deputy City Manager Jim Hart, Adnii n, Svc. Director eob Zetterberg, Maintenance Superintendent LMD 2 and 4 Contract File X11 39 - ----- CITY OF RANCHO CUCA~IONGA STAFF REPORT DATE: August 16, 1989 _ ~ TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer eY: Jeff Barnes, Maintenance Supervisor Landscaping b Parks j SOBJ ECT: Approval and execution of the Renewal Agreements for the Landscape Maintenance Contract for: General Fund Parkways, and Landscape Maintenance Assessment Districts 1, 3A, and 5 to Landscape West of Los Angeles, CA for the amount of $234,779.00, to be funded by General Fund and Landscape Maintenance Assessment Districts 1, 3A and 5; account numbers 01-4647-6028, 40-4130-6028, 42-4130-6028 and 44-4130-6028, respectively. RECOMMENDATION: It is recommended that the City Council approve and execute the renewal agreement with Landscape West of Los Angeles, CA. for the Landscape Maintenance Contract Eor: General Fund Parkways, and Landscape Maintenance Assessment Oistricte 1, 3A, and S. Background/Analysis roc previous ~ouncii action, cne contract was awacdeo on Wednesday, November 2, 1988, to Landscape West of Los Angeles, CA. for the amount of 5219,480.00. The contract is renewable for 3 years, on a year to year basis starting July 1989. This year, Landscape West is requesting a 5t increase in the scheduled rates. Since the award of the contract on November 2, 1988, the square footage maintained under the contract has been increased so that the contract amount is currently 5223,599.00 per year. The requested 51 increase will raise the existing contract amount to $234,799.00. Resp t lly submitted, n r N ~~" cc: Jerry Fulwood, Deputy City Manager Jim Hart, Admin. Svc. Director Bob 2etterberg, Maintenance Superintendent General Fund, LMD 1, 3A, and 5 Contract File -11 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16, 1989 T0: Mayor and Members of City Council FROM: Brad Buller, City Planner BY: Pii ki Bra tt, Associate Planner a~3 . SUBJECT: Approval to execute contract (CO 89-***1 for services with Inland Mediation Board for Senior Shared Housing Services in the amount of $6,3DD .00 to be reimbursed by Community Development Block Grant Funds. I. RECOMMENDATION: Staff recommends that the City Council authorize the Mayor and City Clerk to execute a contract for services with Inland Mediation Board for Senior Shared Housing Services, and authorize the Administrative Services Director to expend 56,300.00 to be funded from Community Develo pn~ent Block Grant Funds, Account No. 26-4333-8193. II. BACKGROUND: On April 19, 1989, City Council awarded the su b,ject program to Inland Mediation Board. Staff has received the executed contract. Respectfully Submitte~d, / ~cZ~~~~v Brad Buller City Planner BB :MB:js ~/ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August lfi, 1989 T0: Mayor and Members of City Council FROM: Brad huller, City Planner OY: Miki Bra tt, Associate Planner SUBJECT: Approval to execute contract (CO 89-***) for services with Inland Mediation Board for a Fair Housing Pros ram and Housing Information and Counseling Services in the amount of $8,975.00 to 6e reimbursed by Community Develo poment Block Grant funds. I. REC OPClEN0ATI0N: It is recommended that the City Council authorize the Mayor and City Clerk Lo execute a contract for services with Inland Mediation Board for a Fair Housing Program and Housing and Information and Counselling Services, and authorize the Administrative Services Director to expend $8,975.00 to be funded from Community Oeve to pment Block Grant Funds, Account No. 28-4333- 9181. iI. BACKGROUND: On April 19, 1989, City Council awarded the subject o ro gram to Inland Med Cation Board. Staff has received the executed contract. le spgct~illly Su b~piijed, City -'la nner 68:M6;js ~v rimv nc n n wrrvn rt rr n xrnur_ n STAFF REPORT DATE: August 16, 1989 T0: Mayor and Members of City Council FRDM: Rrqd Rill ler, fity Planner BY: Miki Bra tt, Associate Planner SUBJECT: Approval to execute an amendment to a Professional Services Agreement (CO 89-***) with Michael Bra ndman Associates, Incorporated for additional services for the preparation of an Environmental Impact Report for the Et iwa nda North Specific Plan not to exceed ;14,036.00, with said amount to be reimbursed by the Applicant. 1. RECOMMENDATION: Staff recommends that the City Council authorize the Mayor and City Clerk to execute an amendment to a Professional Services Agreement with Michael era ndman Associates for the preparation of an Environmental Impact Report for the Et iwanda North Specific Plan, not to exceed E24,836, to be funded by the Etiwa nda North Consortium, the protect applicant, Account No. 70-276-454. n n~vnn ni nin. w_..~ .. - ..a ... qty u ujc ~ Professional Services Agreement to Mic hael~ Bra ndman yAssociate s, Inc. The purpose of the increase is for review and evaluation of additional background reports which have been prepared by the applicant, additional air quality and noise studies, and also for coordination of the applicant's wildlife resource management s±u dy. Staff has received the executed amendment. R/es~pec tfully Submitted, ~J6 Brad Buller City Planner BB:MB:js ~3 CITY OF RANCHO CCCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 16, 1989 ~ ';.. <„ ?_~__ 19~ Mayor, Members of the Council and City Manager Joe Schultz, Community Services Manager Dave Leonard, Park Projects Coordinator Approval to Award and Execute Agreement for Construction o£ the Hervl and Lions Park Tennis Court Improvements to Hubbs Equipment and construction company. San Bernardino, californ is Recommendaticn: City Council award the agreement for the Beryl and Lions Park Tennis Court Improvements to Hubba Equipment and Construction Company and authorize the Mayor and City Clerk to execute the contract document and authorize the Administrative Services Director to expend $957,020.90 (bid $870,019.00 plus 108 contingency) to be funded from Park Development Fund 20-4532-8006 and 8G07; 1984 State Bond Act 29-4532-8619 and 8920; 1986 State Bond Act 31-4532-8810; Roberti - Z-berg 20-4532-8619 and Engineering Fund 23-4637-8786. Backaround• On August 2, 1989, bids were reviewed for the improvement of Beryl Park to include four lighted tennis courts, renovation of the restroom building, installation of group and individual picnic facilities, sanitary and storm drain sewer work; Lions Park to include two lighted tennis courts, basketball half court, picnic shelter and renovation of the turf. Five bids were received with two being rejected as incomplete. The remaining bids are summarized with Exhibit "A'". Staff has received the executed contract documents, bonds and insurance and found them to be complete and in accordance with the contract proposal. .J.c iDLim3 ~I a _ E 0 U T U N V N G 0 E a i u c F ~ A N ~ N I( 1 C O N 4 CI T i /r N ~ h > I ( U 1 0 6. C' a J N ~n > N a a m u m ~ ~ j H N " sv mu ~: ~~ o ~~ a q CN i 2 ~ i i v E j r N ~ 4- 4- C V T A - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Kenneth Fung, Assistant Civil Engineer SUBJECT: Approval of Agreement for Installation of Public Improvement and Dedication between Robert N. Smith and Cheryl L. Smith and the City of Rancho Cucamonga for Drainage Improvements located along the northwest corner of the Smith parcel for the HTdden Farm Culvert IL is recommended that City Council adopt the attached Resolution approving the Agreement for Installation of Pu61ic Improvement and Dedication between Robert N. Smith and Cheryl L. Smith and the City of Rancho Cucamonga. BACKGROUND/ANALYSIS The attached subject Agreement between the City and Robert N. Smith and Cheryl L. Smith provides for drainage improvements which include drainage culvert installation, street pavement and other related work, along the nvrtmvest corner or Mr, ana Mrs. amitn's parcel. Mr. ana Mrs. Smith nave agreed to grant to the City a Drainage Easement to allow for the installation of a drainage culvert under Hidden Farm Road in return for the construction of said improvements. Said drainage improvements will be constructed in conjunction with; the City's Hidden Farm Culvert Project. Respectfull ttted, ~~ ~ _- ~ RHM:KF~iy-----'-- Attachment ~W RESOLUTION N0. 8 ~"~ ~J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CRUFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM ROBERT N. SMITH AND CHERYL L. SMITH, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME AHEREAS, the City Council of the City of Rancho Cucamonga has established requirements for construction of drainage improvements in con,lunctTon with Lhe Hidden Farm Culvert Pro,~ect; and NHEREAS, installation of a drainage culvert, street pavement and other related work, located along the northwest corner of the Smith parcel shall be made a part of the Hidden Farm Culvert Protect; and NNEREAS, Mr. and Mrs. Smith have agreed to dedicate drainage easement to the City for said Improvements. NOM, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga, California, does accept said Improvement Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. ~I 7 - CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer 8Y: Kenneth Fung, Assistant Civil Engineer SUBJECT Approval of Agreement for Installation Improvement and Dedication between Halter Q. Gayle M. Nhite and the City of Rancho Cui Drainage Improvements located along the soothe of the White parcel of the Hidden Farm Culvert i It is recommended that City Council adopt the att approving the Agreement for Installation of Public Dedication between Natter Q. White and Gayle M. White Rancho Cucamonga. BACXGROUND/ANALYSIS The attached subject Agreement between Lhe City and Natter q. Nhite and Gayle M. White provides for drainage improvements which include drainage culvert instal iat7on, street pavement and other rei ated work along the southeast portion of Mr, and Mrs. Nhite's parcel. Mr. and Mrs. White have agreed to grant to the City a Drainage F.asemenL to allow for the installation of a drainage culvert under Hidden Farm Road in return for the construction of Bald improvements. Said drainage improvements wilt be constructed 1n conjunction with; the City's Hidden Farm Culvert Project. Re pect y s RHM:KF:Iv ' Attachment ~~ RESOLUTION N0. ~s~~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM WALTER Q. WHITE AND GAYLE M. MiITE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME WHEREAS, the City Council of the City of Rancho Cucamonga has established requirements for construction of drainage improvements in ronj unction with the Hidden Farm Culvert Project; and WHEREAS, installation of a drainage culvert, street pavement and other related work, located along the southeast portion of the White parcel shall be made a part of the Hidden Farm Culvert Project; and SiFIEREAS, Mr. and Mrs. White have agreed to dedicate drainage easement to the City for said improvements. NOM, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga, California, does accept said Improvement Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. CITY OF RANCHO CUCAIDIONGA STAFF REPORT DATE: August 16, 1989 ~x T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Kenneth Fung, Assistant C1vi1 Engineer SUBJECT: Approval of Agreement for Installation of Public Improvement and Dedication between Henry Martinez and Joan E. Martinez and the City of Rancho Cucamonga for Drainage Improvements located along the northeast portion of the Martinez parcel of the Hidden Farm Culvert Protect. RECq/EMDATIDM: It is recommended that City Council adopt the attached Resolution approving the Agreement for Installation of Public Improvement and Dedication between Henry Martinez and Joan E. Martinez and the City of Rancho Cucamonga. BACKGROUND/ANALYSIS The attached subiect Agreement between the City and Henry Martinez and Joan E. Martinez provides for drainage improvements which lnciude arainage culvert instau an an, street pavement ana otner related work along the northeast portion of Mr. and Mrs. Martinez parcel. Mr. and Mrs. Martinez have agreed to grant to the Ctty a Drainage Easement to allow for the installation of a drainage culvert under Hidden Farm Road in return for the construction of said improvements. Said drainage Improvements will be constructed in conjunction with; the City's Hidden Farm Culvert Project. Res/pectf y s bml tied, -.. ` RHM:KF:Iv Attachment 0 RESOLUTION N0. ~g 3 ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROYEMENT AND DEDICATION FROM HENRY MART [NEZ AND JOAN E. MART INEZ, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME WHEREAS, the City Council of the City of Rancho Cucamonga has established requirements for construction of drainage improvements in conjunction with the Hidden farm Culvert Project; and WHEREAS, installation of a drainage culvert, street pavement and other related work, located along the northeast portion of the Martinez parcel shall be made a part of the Hidden Farm Culvert Project; and WHEREAS, Mr. and Mrs. Martinez have agreed to dedicate drainage easement to the City for said improvements. NOM, THEREFORE, BE IT RESOLVED, that the Ctty Council of the City of Rancho Cucamonga, California, does accept said Improvement Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SUBJECT: August 16, 1989 ~;vCAMpl, Cy ~i /____ ___ _ __'y___ Y _ ~ F F j Mayor, Members of the Council and City Manager Joe Schultz, Community Services Manager Dave Leonard, Park Projects Coordinator Approval of Lease Agreement with Metropolitan Water District for Use of Six Acres of District Property for Eaet and West Bervl Parks Recommendation: city council approve the Metropolitan Water District Lease Agreement R.L. 779 for uae of six acres of Metropolitan Water Department property for a fee of $1,200 per year. The parcels are defined as 1605-15-1 and 5. Background- The north 100-foot area of the existing and proposed Beryl Parke utilizes Metropolitan District R-o-w. Each park site contains approximately three acres of district land. The first lease agreement with the District dates back to before _: ~.. e___..__.._~: _.. ...._ .., _..., _~ _____._, n..... .. ,. .. .,1 ... ~.............. v.~... ~.. ycr joie:: use of three acres within1 Beryl Park ~~ That rate has remained constant to this date. The westerly expansion of Beryl Park will utilize an additional three acres of district land. The District combined both parcels into a single agreement and updated the assessed fees to current dollars. The new fee will be $1,200.00 per year for use of six acres of district property. All other items of the agreement remain as with the City approved lease dated December, 1978. Based on the substantial benefit this agreement affords the community, City Council is requested to approve the agreement. ..ti~r,r,~m., ~~ L E A S E R.L. 779 Foothill Feedec- Rialto Pipeline Parcels 1606-15-L, and 5 TE(IS LEASE is made as of August i, 1989, between THE METROPOLITAN WATER DISTRICT OF SOUTF[ERN CALIFORNIA, a public cocpora[ion ("Lessoc"), and THE CITY OF RANCHO CUCAMONGA, a municipal corporation, (Lessee). 1. DESCRIPTION OF PROPERTY. Lesso[ heceby leases to Lessee, on the teems heceinaf [et set forth, certain teal property ("PCOperty"), containing app[oximately 6 acres, shown Colo ced ced on the map attached heceto as Exhibit "A". 2. This Lease Supe[sede5 Lease R.L. 415. 3. TERM. Subiect to the provisions of Paraeraoh 13. the term of [his Lease sha 11 be from year to yeac beginning an Auyusc 1., 1989. 4. RENT. The annual rent shall be $1,200, payable in advance. 5. USE. Propecty shall be used for pack and cecceat.o nal purposes. 6. MAINTENANCE. Lessee shall keep Propecty free of noxious weeds and trash, and shall comply with all applicable Laws and regulations concerning the use of Propecty. ?. STRUCTURES. No SLLUeture o[ tithe[ improvements, ,a Y„P)1~ nnrYahla virvinQ Ora nd S, togging tt311. La ndecaP(R?. and !iyht standards shall be constructed or maintained on Lease R,L. 779 -2- P[operty without Lesso['s written conse nc Eicst had and obtained. As to Che pa[k expansion, Lessee shall submit all imp[ovement plans to Lesso[ fc[ pcioc w[itten approval. 8. REMOVAL OF IMPROVEMENTS. All stcuctuces o[ othe[ improvements placed on PcopecCy with the consent of Lesso[ s ha 11 be the personal p[ope[ty of Lessee and shall be removed by Lessee from Property by the last day of the Lease; provided, however, Lesso[ may keep, o[ dispose of at Lessee's expense, any prope[ty not so removed. 9. ENTRY BY OWNER. Lessee shall permit Lesso[ to enter PLOpeCCy at any Time fo[ Che lnspeCtlCR of Same, of in connection wieh any work which may be requited the[een, and Lesso[ shall not be liable fo[ any damage [o Lessee's improvements in the course thereof. Lessee shall, while this Lease is in effect, pe[mi[ Lesso[ to access iCS pipeline tight of way ove[ Lessee's adjacent packing lot, as shown on Che map attached he[eCO as ExhibiC "B". 10. ASSIGNMENT OR SNBLETTLNG. Lessee shall not deslyn this lease, no[ sublet PCOpe[ty, without [he w[itten consent of Lesso[ ficsC had and obtained, and a consent Co one assignment oc su63etCinq shall not be deemed to be a consent [o arty subseyuent assiynmenC o[ sublettiny. Any assignment oc subletting without such consent shall be void, and shall, at the option of i.essoc, terminate this Lease. L1. TAXES. The possessory property interest created by this lease may be subject Co property taxation, and Lessee may be subject to [he payment of property taxes levied on such interest. 12. MECHANICS LIENS. Lessee shall keep PLOpe[[y ELee from any liens arising oue of any work performed, mate[ial furnished, or obligations incurred by Lessee, or any tenant o[ subtenant [hereof. 13. TERMINATION. This lease may be te[minaCed aC any time by Lesso[ o[ Lessee upon 180 days p[ior w[i[[en notice. Notice is [o be deemed given upon the mailing thereof [o the ter. ipient at its address hereinbelow. Lease R.L. 779 -3- In the even[ the lease is terminated between the annivecsacy dates in accotdanee with the pcovis ions of This clause. there shall 6e a pro rata ref and of any tent paid in advance for the remaini~iy to r.m. Violation of any term contained herein shall be cause for te[mination of the lease, unless cotter red within LO days of ter Lessor's request to do so; provided, however, that in such event [here shall be no pro tats refund of prepaid cent as provided above. 14. WAIVER. The waive[ by Lessor of any breach of any teem, covenant, o[ condition herein contained shall not be deemed to be a waive[ of such teem, covenant, or condition, oc of any subsequent bleach of the same oc any oche[ term, covenant, o[ condition herein contained. The subsequent acceptance of tent hereunder by Lessor shall not be deemed [o be a waive[ of any p[ecedinq bleach by Lessee of any term. covenant, o[ condition of Chis lease, other than Che failure Of Lessee to pay the pacticuiat rental so accepte3, regardless of Lessor's knowledge of such precediny breach at the lime of acceptance of such tent. 15. ATTORNEYS' FEES. The prevailing patty in any action bcouyht by either patty hereto based on any claim arising under chic lease shall 6e entitled [o reasonable attorneys' f P. P.a. Lb. LIABILITY INSURANCE. Lessee has furnished Lessor with a copy of its Cectif irate of Coverage as a participating member of the Calif ocnia Municipal Insurance Au ChociCy evide nciny the establishment of its self-insu[ed program, attached hereto as Exhibit "C". The proycam shall [emain in full fo[ce and effect during the teem of Chis lease. 17. A55UMPTION OF RISK AND INDEMNITY. Lessee dseUmeS all r.tuk ut Loss to itself, which in any manner may arise out „[ - - of Pcoca[c'r ,der .,..., lease. urt^s[, re sha l~l~indemnify and defend Lessor and its directors, officers, and ~~mp loyees, ayainsC any liability and expenses, includiny the seasonable expense of leyal repcesen[ation whether by special counsel oc by Lessor's staff attorneys, cesul[iny fcott injury r.o or death of any pe[son, oc damaye to any Lease R.L. 779 -4- property, including Property of Lessor, or damage to any of her interest of Lessor, including but not limited to suit aLleginq noncompliance with any statute or regulation which in any manner may arise ouC of [he issuing of this lease, or use by Lessee of Property or any adjoining land used with property. 18. TIME is of the essence of this lease. Lessor's Mailing Address: THE METROPOLITAN WATER DISTRICT Post Of f.ice Box 54153 OF SOUTHERN CALIFORNIA Los Angeles, CA 90054 Attention Right of Nay and Catl Boronkay Land Division General Ma nayer ~!/ Telephone (213) 250-6470 `r,41 By Assi to ,e ra Ma nayer r.N~ essor riTV nF RANCHO CUCAMONGA Lessee's Mailing Address: By PosC Office eox 807 Mayor Rancho Cucamonga, CA 91730 Cic.y of Rancho Cucamonga Telephone (714) 989-1858 Ry Y PRS/emm-798 ~ ' MWD ~~ METROPOLITAN WATER D/STR/CT OF SOUTHERN CALIFORNIA g t C E i V E D ~. ~, ~/ AUG 0 41989 Suly 31, 1989 CIN OMMl1NITP SERVACE6NGA Lease R.L. 779 Foothill Feeder- Rialto Pipeline Parcel 1606-15-1, and 5 Mr. David Leonard Park Project Coordinator City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91730 Dear Mr. Leonard: Transmittal of Document Forwarded is the original of Lease R.L. 779 between Metropolitan Water District and City of Rancho Cucamonga for park purposes effective August 1, 1989. The lease has been executed on behalf of Metropolitan. Please obtain the requisite signatures on behalf of the City and return the document to this of~ice along with a check for $1,200, constituting the rent from August 1, 1989 through July 31, 1989. Before returning the lease, please make a copy for your file. if you have any questions, please call me at telephone (213) 250-6470. Very truly yours, o~. Peter R. Steuer Sr. Real Estatc Peprasentativ.. Encl. PRS/j186 -~ 7 +i + 33' it I Lr 66' ~'I ~~ C ~~ ~ ~ ~ I 'I I I ' I 1320' ~ ~ i 1320' } I ~ d LG LCT ' ~. 10 ~~ I ''w "'~ CUCAMLUNGA ~, HL~MESTEAD ! ~ ASSUCIATIUN I ' ~ I m ' ti ''.,~ ~ N'LY ~ m M.B. 6/46 ~$ LINE ~'° ~ ~ m iw N'LY LINE ~ LOT I I 5 i T i N, R 7 W, S.B.M. I LOT 11 ' I ~~ i ~~ I' I II l ~ ~ BLCCK ;5 I . ~ w i ~ I ~, 1320' :320' ZI 1 I I a' ~ ~ ~ I :606-15-1 ~ I I 1606-15-5 J °' ; I i IDD, ]oa' I ~ ~~ ~~-- :320' -_~~ . - 1320'_ I ~ i 33' y'I 66'"^ ~ i~ is I . _. %iGfR Ci WAY ENGINEERING ERANCU m '~ o m w //// ` o ' ram) ra Manovo:~hAti W. 01 SOt1TNNN QALIIflflNIP CCUNTY OF SAN HERNARBINO ~R:. 779 ~ CONTAINING 6.0 ACRES, .,. ~ MORE OR LESS. LNIS PLAT IS S0.ELT AN AID DI LOGTING THE PARTLfS) DESCROIED IH THE AT}ACMED DOCIACNi. li IS NCt A PAgi OF TK VRITTEx OISCWPTIOH TxEEl11 1506-:5-I $ 160(+-IS-S vt15Rf I5 A-~A-pO II ripl CITY OF RANCHO CUCAMONGA Community Sarvicea Department 1iL=- =:x:11 Df EAtORANUUAI OF LI AIfILITY COVERA :E FOR TIIE C \LIFC'RSIA MUNICIPAL Iti SCR \ti CE AUTIIOItIII' GYTITY COVERED: City of Rancho Cucamonga COVERAGE PERIOD: July I, 1988 to tune 30, 1989 Jury 1, 198910 June 30, 1990 ENDORSEMENT NUMDER t4 Chance in COVERED PARTiE~ PRO\95IONS OF THIS ENDORSEMENT: Thz hfctropnlitan 1Vafcr Cu;rc( o: Sauthcra Calitoraia is hereby ^arnod as as "Addition=_! Covered Party" but solely w respect to the lease agreement R.L. 415 between the Cily of Rancho Cucamonga ("City') and [he Metropohtan Water District ("Dislriu') regarding the premises known as Foothill Feeder - Rialto Pipeline, n.....i 16!16.1 S.5 and 1R1(.-15.1 No other properly or entity is afforded coverage by this CcrtiGcate and Endorsement Any Certificate or Eedorscment ambiguities, coverage Or Additional Covcrcd Party disputes arising from the use of the aforementioned premises, shall not result in Gabilily to the City of Rancho Cucamonga or the CMW ,and the Additional Covered Party shall bold [he City of Rancho Cucamonga and the Ch11A harmless to that effect. 11. 1(codectiblc insurance with any other insurer, sclFinsurcr or entity is available to the Additional Covered Party, covering a foss also covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder is deemed excess e( and shall no[ contribute toward a loss, or defense oC alleeed loss, with any other coverage. 111. This Culificale and Endorsement does not apply to liability arising out Of the negligence o(thc Additiuna! Covcrcd Party. ~O i~ ~ ~ ~ , i~ ,~ CERTIFICATE OF COVERAGE This ccrtdicatc is issued to: Metropolitan 6irater DisMct-ROW This is to certify That The City of Rancho Cucamonga is a participating member o(the CAL-IPOk\'IA \IUNICIP,:L INSURANCE AUTI{ORCCY (ChIIA), ajoint powers authority and a public agency, not considered insurance or an insurance company, and that the City of Rancho Cucamonga, which has a SeU-Insured Retention of $lOU,IXq, is afforded the following pro[ccticn: Tfi'E Cc Cv'Jcnr`+GF ~CL.iC'i ]'EiiR i.iiviiTS GENERAL LIA[31L1TY 1my I, 19&9 through lm~ 30, Ivs9 S!,000,OOII per occurrcncc July 1, 1989 through Im<30, 1990 This indude.t covemec foe I. Comprcl:ensice General Liability 2. Contractual Lir+Silily 3. Products/Ccmplamd Operations ACTOMOBILL- LL1B1L1TY lw? 6 IY38 mrough June :,o, 19s9 51,000,000 rtr occurrcnca Jul; 1, 1969 rnrough )one b. 1990 Ttrit includes coverauc (o r. i. i)+sncd Auwmoi+iics' '_. Nomowncd Automobiles 3. Hired Automobiles E(fcetive Dater April I 1989 CONDI IONS Uh' TIIIS CF,RTIFICATE OF COVERAGE: The 1lclropnlitan Water District of Southcro Cali(orctia is hereby named as an "Additional Covered Party' but solely m res[:ect to the Icase agreement R.L. J15 between the City o[ Rancho Cucamonga (-City") and the Metropolitan 1\'ater District ("District') regarding the premises known as Foothill Feeder -Rialto Pipeline, Purccl 1606-155 and 1606-15-I. t<u otimr pn;pcr t'. u: entity is afforded wvcragc by Ibis Ccr(iGcatc and Endorscmcn!. .4n}' CcrtiGwte er Endorsement ambiguities, coverage or Additions! Covered Party disputes arising from the use of the aforementioned premises, shall not result in liability to the City o[ Rancho Cucamonga or the CML4 ,and the Addnional Gwered Party shall hold the City o(I:ancho Cucamonga and the CMIA harmless to that e([eU. u. `wiicii;Lic wrw,uu~ wil`u auy ~ ,,, ,u u. .,,,mma, , - mu u , w+ vu+~i eu~-,wG unuy m ti - L um nuwiw4a+ i,v're . ~ Party, cocenne a loss also covered hernunder (whether en a primary, excess or contingent basis), the coverage hereunder ix Jccmcd excess of, and shall not contribute tow;nd a loss, or defense of alleged loss, with :urv other covcrdgc. I11. 'this CcniGcalc anJ Endor-cmcnt Jocs not apply lu liability arising out of the negligence u(thc Additional Covcrcd Party. (Catherine D, Clarkd2yll) (bale) <iENERAL M1tAIJA(iER +V;~~-:^~ , STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: John L. Martin, Associate Civil Engineer SUBJECT: Approval of Contract Change Order No. 1 for the Hillside Avenue Storm Drain and Street Improvements from Archibald Avenue to the Upper Alta Loma Channel, by Associated Engineers, Inc., for the additional study and design of 'I local drainage facilities, as required by San Bernardino County Flood Control in the amount of E3,500.00 to bring j the new contract total amount to E14,700.00 to be funded by ~ City-wide Storm Drain fees Account No. 23-4637-8862. RECOMMEIDAiIOM: Approval of Contract Change Order No. 1 for the Hillside Avenue Storm Drain and Street Improvements from Archibald Avenue to the Upper Alta Loma Channel by Associated Engineers, Inc., in the amount of E3,500.00 to bring the new contract total amount to 514,700.00, to be funded by City-wide Storm Drain fees Account No. 23-4637-8862. BACKGROUND/ANALYSIS uiyineeriny scan nas pursued cne design of cne riascer rian drain rrom grchibald to the Upper Alta Loma Channel to complete the overall pro,{ect from west of Archibald Avenue to the Channel. The plans were completed by Associated Engineers through a contract with the City in May of this year. The design was then submitted with the necessary forms to the San Bernardino County Flood Control for a permit to connect to the Channel. The County Flood Control requested additional information and design changes that were not a part of the original contract with Associated Engineers. In order to complete the design changes, an additional E3,500.00 should be added to bring the total contract amount to 514,700.00. Respectr'n-TJy submitted, I'~ „ . i RHM:J y - CITY OF RADICHO CI:CAb10NGA ..,;~;:•'~ STAFF REPORT DATE: August 16, 1989 ~~ T0: City Council and City Manager ~~ FROM: Russell H. Maguire, City Engineer BY: Willie Val Buena, Engineering Technician , SUBJECT: Approval of Parcel Map, Improvement Agreement, Improvement Security, Real Property Improvement Contract and Lier. Agreement and Ordering the Annexation to Landscape Mai ntenanc2 Dt strict No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map 5996, located south of Wilson Avenue, east of Mayberry Avenue, submitted by Randolph S. Davis and Sandra P. Davis RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Parcel Map 5996, accepting the subject agreement and security, Real Property Improvement Contract and Lien Agreement, and ordering the annexation to Landscape Maintenance District No. 1 and Street LTghting Maintenance District Nas. 1 and 2, and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. ANALYSIS;BAOC GROUND Parcel Map 5996 was approved by the Planning Commission of July 22, 1987, for the division of 2 acres of land into 4 parcels in the Very Low Residential Development District, located south of Wilson Avenue, east of Mayberry Avenue. Improvements are to be constructed at the time of building permit issuance. The Developers, Randolph S. Davis and Sandra P. Gavis, are submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Irrevocable Letter of Credit - Faithful Performance Bond: 574,000 Irrevocable Letter of Credit - Labor and Material Bond: 537,000 Monumentatlon: S 2,600 Copies of the agreement and security are available in the City Clerk's Office. The Consent and Wainer tc Annexation form sl9ned by the Developer is on file in the City Clerk's office. Respe ~ muted, !; ~~%_ ., RHM:NY :~JAA:d}sr-- Attachments RESOLUTION N0. ~ / l~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5996, (TENTATIVE PARCEL MAP N0. 5996), IMPROYEMENT AGREEMENT, AND IW ROVEMENT SECURITY AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT WHEREAS, Tentative Parcel Map No. 5996, submitted by Randolph S.Davis and Sandra P. Davis, and consisting of 4 parcels, located south of Wilson Avenue, east of Mayberry Avenue, was approved by the Planning Commission of the City of Rancho Cucamonga on July 11, 1987; and WHEREAS, Parcel Map No. 5996 is the final map of the division of land approved as shown on said Tentative Parcel Map;and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Randolph S. Davis and Sandra P. Davfs as developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement, and said Improvement Security, and Real Property Improvement Contract and Lien Agreement, submitted by said developer be and the save are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement and Real Property Improvement Contract and Lien Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that said Partel Map No. 5996 hn and the cams is harahy annwrvaA and tha r.ity Fn_lnaar ie authorized to present same to the County Recorder to be filed for record. RESOLUTION N0. ~7-,3 ~ / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 5996 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 Z of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance 0lstrict No. 2 (hereinafter referred to as the "Maintenance District"); 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 District; and WHEREAS, at this time the City Council 1s desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing ar filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY AESOLYES AS FOLLONS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative bogy hereby orders Lhe annexation of the property as shown 1n Exhibit "A" and the work program areas as described in Exhibit "D" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including tTieT of all assessments, shall be applicable to the territory annexed hereunder. `~ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 13 I-'~ I~ F P D m ~z '`m ~a00.T ~~' .```4 NRIDGE Olj~yg ~o erReer astir .~,~w crr~r o>r aerrcao coa-I~oxas s''= caurrr>< of a*rr »asxw~n~lo :. ,,,,~ ~: `--~ s~r~ra of cw>e~oaxL- N vll SAAI avFNIIC ElINIBIT 'B' PR0.IECT NAME: PARCEL MAP 5996 N0. OF D.U. OR ACREAGE: 4 parcels N0. OF PSSESS. UNIT: 4 units STREET LIGHTING MAINTENANCE DISTRICT No. of Lamps to be Annexed District No. 58000--~5 T2~QD--- 27,500 1 --- --' --- --- --- 2 2 -° --- --- -_- LANDSCAPE MAINTENANCE DISTRICT Equestrian Trail Turf Ground rnvar Troe~ .~.~iti ivy iiy. J4l'CCL nOmB DQ. Lt. Sq, ft• Sq. ft, Ea. 1 Nilson Ave. 2028 --- --- 5 Cabrosa P1. --- --- --- 10 JAA: 8/16/89 ~7 --CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, CT ty Engineer BY: Steve M. Gilliland, Public Norks Inspector ~j.¢ SUBJECT: Approval of Improvement Agreement Extension for CUP 84-34, located on the northeast corner of Base Ltne Road and Carnelian Avenue, submitted by MBNJ Properties RECOMMENDATION Tt is recommended Lhat the City Council adopt the attached resolution, accepting the sub,{ect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BAIXGROUND Improvement Agreement and Improvement Security to guarantee the construe tl on of the public improvements for CUP 84-34 were approved by the City Council on August 18, 1988, in the following amounts. Faithful Performwnce Bond: 530,000 Labor and Material Bond: 515,000 The developer, MBNJ Properties, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respect 1 su itted, i~---~ . G:d~w ~/ Attathmen ti ~4! MBWJ PROPERTIES 4454 Van Nuys Bhrd., Ste 210 Sherman Oaks, CaliFomla 91403 July 27, 1969 'DECEIVED 'III. ~; 1 Y]Cq ~/ d Ilencfq ' -'• ~~~~ CIiY Jf RANCHO CUCAMONGA ENGINEERING OiVISION ErtgYleerYtg Dh4sion P.O. Box 807 Rancho Cucamonga, Califomla 91730 Attentbn: Mane Prescher Pudb Waka Engineer Dear Mr. Preacher In accordance wf[h Rancho Cucamage's MwkJpel Code 18.38.450, pease consider this our formal request fa extension d the Imprwemant agreerners fa CUP 8434. We ere astdng fa this request fa extra time due to the Inabi#y of one d Wr meta tenema to finalize and obtain approval for theirdesign review submNtat. A hearing was held on July 6th and further dariflcatbns are being made by Arby's. We feel that the project wNl be ads to commence es soon as these plans ere approved. In wew a the atxrve, we request a two-year axtertawn ra the improvement agreement ra uur414- 34. Sincerely, M J ES Rlcha [ed Partner RB:jm Enclosures (4) ~9 RESOLUTION N0. ~ ~-~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGR, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR CUP 84-34 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on August 16, 1989, by MBNJ Properties as developer, for the improvement of public right-of-wqy adjacent to the real property specifically described therein, and generally located on the northeast corner of Base Line Road and Carnelian Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said CUP 84-34; and WHEREAS, said Improvement Agreement Extension 1s secured and accompanied by good and sufficient Improvement Security, which Ts identified in said Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor 15 hereby authorized to sign said Improvement Agreement Extension an behalf of the City of Rancho Cucamonga, and the City L9erk to attest thereto. 70 --- CITY OF RANCHO CliCAbfONGA STAFF REPORT Y.. ~ ~ ~' DATE: August 16, 1989 , TD: City Council and City Manager FROM: Russell N. Maguire, Ctty Engineer BY: Steve M. 6f1111and, Public Narks Inspector ~~~ SUBJECT: Approval of Improvement Agreement Extension for Tract i3442 Kenyon Park, located on the northwest corner of Kenyon MAy and lark Drive, submitted by The Nilliam Lyon Company RECCi~EMDATIp1 It is recaammnded that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Magyar and City Clerk to sign said agreement. ANALYSIS/BADCGROUMD Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13442 Kenyon Park were approved by the City Council an August 3, 1988, in the following amounts. Faithful Perfornmnce Bond: f560,060 Labor and Material Bond: 5280,DW The developer, The MTlliam Lyan Company, is requesting approval of a 12-nanth extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respec submitted, %~ ~ / - Attachments 7~ %~i~~~'ILLI:~JI L1"Or~~ir~rrmry 8540 ARC H!BALO, SUITE B, RANCHO CUCAMONGA. CA 91770 17141 980-11dd July 25,1989 Steve Gilliland Engineering Department City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, Ca. 91730 RE: PM 11105 - Kenyon Park Dear Steve: Transmitted herewith is the executed Extension for ImprovemenC Agreement for Kenyon Park which is located within Tract 13442. Also enclosed is a check in the amount of $251.00 for this extension. We are requesting the extension to complete our work which includes the following items: ~ ... .... ~.... ~..6 2) Changes made by the City of Rancho Cucamonga 3) Clean-up After the completion of this work we will. be maintaining the park Lor a period of six months. Please contact our office with any questions you may have regarding this matter. Respectful. l.y, n Hari ivowmnn ProjecC Management Assistant Inland Empire Division end s. 7~ REAL ESTATE DEVELOPMENT AESOLUTION N0. ~C ~-3 ~9 A RESOLUTION OF THE CITY COUNCTL OF THE CITY OF RANCHO CUCAMONGII, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13442 KENYON PAR( NHE REAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on August 16, 1989, by TAe NillTam Lyon Company as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northwest corner of Kenyon Ndy and Lark Drive and WHEREAS, the installation of such improvements, described in said tmp rovement Agreement and subject to the terms thereof, is to be done Tn conjunction with the development of said Tract 13442 Kenyon Park; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified Tn said Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 73 - --- CITY OF RANCHO CliCAMONGA ~~>° STAFF REPORT ~' ~ ~~ DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Works Inspec torC~i°Ct ~ ~~. SUBJECT: Approval of Reduction of Faithful Performance Bond for Tract 12671-1 thru -4 located on the northwest corner of Milliken Avenue and Mountain View Drive, submitted by Lewis Homes of California I, It is recommended that City Council reduce the Faithful Performance Bond of f1,034,000 to 5103,400. Background/Analysis Tract 12671-1 through -4 Ts located on the northwest corner of Milliken Avenue and Mountain View Drive. The required street improvements are complete with the exception of the final asphalt capping of Milliken Avenue, Terra Y1sta Parkway and Mountain View Drive. These streets are located between the sub,{ect tract and other tracts (also being developed by Lewis Homes) where each adiacent tract is responsible for half of the S t~cc i5. Ti7c VL11C1 t~o~Li 6ia iii ~d~i4ua ai.uyea ui wuau uu Livu. Therefore, Staff believes that it is in the best interest of the City that these streets not be capped until such time that the other tracts have completed their half of Lhe streets. DEVELOPER: Lewis Homes of California Post Office Box 670 Upland, CA 91785 Accept: Faithful Performance Bond (Street) f103,400 Release: Faithful Pe;fcrmanr Oond (SL-eet) f1,C34,000 Resp 1. ted, ~,, i~~------y- RHM: SMCi: L,)m~ 7~ ---- CITY OF RANCHO CCCAMONCA STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspector ~ G SUBJECT: Release of Bonds and Notice of Completion RECOMIENDATIOM: `z' '~., i The required street improvements for Tract 10414 Nave been completed in an acceptable manner and it is recommended that City Council accept said Improvements, accept the Maintenance Guarantee Certificate of Deposit in the amount of 532,250 authorize the City Engineer to file a Notice of Completion and authorize the C1Ly Clerk to release the Faithful Performance Bond in the amount of 5322,500 Background/Analysis Tract 10414 -located an Ridgeview Avenue between Hillside Road and Vista Street. DEVELOPER: Greg Lundeen 122 N. FnrrstAala Covina, CA 91723 Accept: Maintenance Guarantee Certificate of Deposit (Street) (32,250 Release: Faithful Performance Bond (Street) 5322,500 Respec fu bmitted, c! ~~ RHM:SMI dlw Attachment -75 RESOLUTION N0. V ~' ,370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10414 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WOR( WHEREAS, the construction of public improvements for Tract 10414 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required Lo be filed, certifying the work complete. NOM, THEREFORE, the C1>iy 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. 7~ - CITY OF RANCHO Cl,'CAMONGA STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer eY: Steve M. G111tland, Public Norks Inspector SUBJECT: Release of Bonds and Natlce of Completion K~.. ~~: RECOMIENQATION: The required street Improvements for DR 87-16 have been completed in an acceptable manner and Tt is recommended that 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 9ond in the amount of f10,000. Background/Analysis DR 87-i6 -located on the west side of Etiwanda Avenue between Foothill Boulevard and Arrow Route. DEVELOPER: General Telephone Co. 1 GTE Place Tl..u•.....A n.L. M n10[n RESOLUTION N0. 8~"-3~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-16 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WOR: WHEREAS, the construction of public ingrovements for DR 87-16 have been completed to the satlsfactian of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer 1s authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 7~ - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell R. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspector SUBJECT: Release of Bonds and Notice of Completion RELONEMQIITIOM: ;~: C~ i The required street improvements for DR 88-18 have been completed in an acceptable manner and it is recommended that City Council accept said improvements, authorize the Cify Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond 7n the amount of f14,000. Background/Analysis DR 88-18 -located on the west side of Santa Anita Avenue, 2,000' north of 4th Street. DEVELOPER: Colavin Group 16125 Gale Avenue Industry. CA 91745 Release: Faithful Performance Bond (Street) 514,000 Respec kl~y ""s ibmi tted, P kMM:iMC:e w Attachment 7S RESOLUTION NO,gg' 3 72- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMROVEMENTS FOR DR 88-18 AND AUTHORIZING THE FILING OF A NOTICE OF COWLETION FOR THE MOR( WHEREAS, the construction of public improvements for DR 88-18 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the Mork 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. O CITY OF RANCHO CUCAMONGw STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Works Inspector ~- _ SUBJECT: Release of Bonds and Notice of Completion RECOMIENBIITION: The required street Tmprovements for DR 87-09 have been completed in an acceptable manner and it is recomaended that 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 in the amount of 5408,000. Background/Analysis DR 87-09 - located on the south side of Arrow Route 2500' west of Rochester Avenue. DEVELOPER: Schlosser Forge Company 11711 Arrow Route Ganrhn fur>n,,,n~>, re oT7an Release: Faithful Performance Bond (Street) (408,000 Respec 1y su 1 ted, P ~-~Tl w Attachment RESOLUTION N0. ~~- 37-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDNGA, CALIfORNiA, ACCEPTING THE PUBLIC IMPROYEFENTS FOR DR 87-09 AND AUTHORIZING ?HE FILING OF A NOTICE Of COMPLETION FOR THE WORC WHEREAS, the construction of pu611c improvements for OR 87-09 have been completed to the satisfaction of the City Engineer; and NHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NON, THEREFORE, the City Council of Lhe 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. ~~ - CITY OF RANCHO CUCAMONGA s.~ •. STAFF REPORT BATE: TD: FROM: BY: SUBJECT: August 16, 1989 r City Council and City Manager Russell N. Maguire, City Engineer ~ Steve M. Gilliland, Public Works In spector~ Release of Maintenance Bond for Tract 11571 located on the I west side of Mernwsa Avenue south of Base Line Road RECpIENDATION: It Ts recommended that the City Cou~il authorize the CTty Clerk to release the Maintenance Guarantee Bonds BAIXGRDUND/ANALYSIS The required one year maintenance period has ended and the street Improvements remain free frog defects in materials and workmanship. DEVELDPER: Lane and AssacTates 902 West 9th Street Upland, CA 91786-4542 o.,i „ Maintenance Guarantee Bond (Street) f4,900 Resp/ec't 1 ~~su itt , RHM:SMG:dIw --CITY OF RANCHO CL'CAMONGA STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Horks Inspecto~ SUBJECT: Release of Maintenance Bond for Tract 12670-1 through -4 located on the south side of Base Line Road, between Spruce Avenue and Milliken Avenue RECOMMEIDATIOM: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bonds Background/Analysis The required one year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER: Lewis Homes of Califorhia Post Office Box 610 Upland, CA 91786 Release: Maintenance Guarantee Bond (Street) 582,995.00 Res~pectfull knitted, '~/ ,.i~ - RH .s m ~~ -- C[TY OF RANCHO CL'CAMONGA STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer ~ BY: Steve M. Gilliland, Public Works Inspector SUBJECT: Release of Maintenance Bond for Tract 13062 located on the north side of 19th Street beMeen Amethyst Avenue and ~I Archibald Avenue i RECOMMEMQATIOW: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bonds Background/Analysis The requi one year maintenance period has ended and the eet improvemen L_ remain free fraa defects in materials and rrorkmanshlp. DEVELOPER: Lincoln Property Company 17011 Beach Boulevard M1400 Huntington Beach, CA 92647 Release Maintenance Guarantee Bond (Street) 526,100 RespectfulLy'submitted, ~/ RH w ORDINANCE N0. 398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC AMON GA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUC AMON GA MUNICIPAL CODE REGARDING CAR WASHES WITHIN NEIGHBORHOOD COMMERCIAL DISTRICTS The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Section 17 .10.030.F.6 is added to Chapter 17.10.030 to read as follows: 6. Car Washes (Neighborhood Conine rc ial District). To ensure Lhat the goals and objectives of the General Plan are implemented, a Conditional Use Permit shall be required for car washes within Neighborhood Commercial Distr is t. Car washes shall comply with the following criteria: (a) Such business shall be located at least 200 feet from any residential district. (b) Wash bays and vacuum areas shall be screened from public view. (c) An on-site attendant shall he provided at all times during business hours to control noise, litter, and other nuisances. (d) Hours of operation shall be limited to 7:00 a.m. to 10:00 p. m., unless otherwise specifically established as a condition of approval. 0.n tninatir chart-n ff of wa tar and alar tr is al svste ms. ex rent for secu rity and fire protection, shall be provided during non-husiness hours. (e) Minimum site; lot area for car wash shall be 1 acre, provided it is co ntiyuous to, or a part of, an approved or existing neighborhood shopping center. SECTION 2: This Council finds that this amendment will not adversely effect the environment and hereby issues a Negative Declaration. SECT?0 f7 3: The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final too rt action in a court of competent jurisdiction, or by reason of any peemp live legislation, the re ma ininy provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force ..A .. GGn.,! SECTION 4: The Mayor shall sign this Ord ina nre and the City Clerk shall cause the same to be published within fifteen (15) days after acs passage at least once in The Dail Re ort, a newspaper of general circulation published in the City of Ontario, Ca iforn ia, and circulated in the City of Rancho Cucamonga, California. ~~ ORDINANCE N0. 399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CNAPT ER 17.22 OF THE MUNICIPAL CODE, MODIFYING PARKING REQUIREMENTS FOR COND CM IN IUM CONVERSIONS TO BE CONSISTENT WITH DEVELOPMENT CODE REgUIR EM ENTS 'dHEREAS, o^ t".~s ~^~' ~~y rf Au oust, 1989, the City Council held a duly noticed Public Hearing pursuant to Section 65864 of the California Government Code. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1; Section 17.22.040.3 of the PLnic ipal Cotle shall be amended to read as follows: Each unit shall provide parking as required by Development Code Section 17.12.040. SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation publish ed in the City of Ontario, California, and circulated in the City of ~Ra ncho Cucamonga, California. ~~ --CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16, 1989 ' T0: Mayor, and Members of the City Council and City Manager .~ FROM: Russell H. Maguire, City Engineer BY: Paul A. Rougeau, Traffic Engineer SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 89-03 - CITY - n amen en o c rcu a on a emen o e ant o ucamonga General Plan to restore through traffic to Highland Avenue between Haven Avenue and Deer Creek Channel, with a connection to Highland Avenue from 19th Street near San Benito Avenue. RECOMMENDATION It is recommended that the City Council approve General Plan Amendment 89-03, adding Highland Avenue between Haven Avenue and Deer Creek Channel to the Circulation Element. PROJECT DESCRIPTION: The proposed construction would restore traffic to a portion of Highland Avenue between Haven Avenue and Deer Creek Channel, which has been taken out of service and covered with earth. Traffic would thus again use the Haven Rvenue/Highland Avenue intersection and the portion of Haven Avenue between 19th Street and Highland Avenue to follow Route 30. This will remove most of the LrdtilC iron 19th Street between Haven Avenue ana Jan tlenl TA Avenue (Deer Creek Channel). The Haven Avenue/Highland Avenue route will then be much the same as it was prior to the extension of 19th Street last January. There will now, however, be a connection to the 19th Street extension, as shown on Figure EB, to insure proper overall circulation for the local area. ENVIRONMENTAL ASSESSMENT: Staff has completed the Initial Study and Environmental Checklist and has found no significant adverse impacts as a result of the proposed General Plan amendment. Changes in traffic patterns will move traffic farther from most of the residential area or will be mitigated by proposed street Improvements. The Planni na Cnmmi ssi on on .luly 26, 1989 recommended the adoott on of a NegdLdiVe Detiaration. BACKGROUND: The plan for the 19th Street/Highland Avenue connection was developed by San Bernardino County and Cal trans prior to lncorporaticn of the City, and the ~t~ STAFF REPORT GPA 89-03 AUGUST 16, 1989 PAGE 2 first half of the route was built prior to 1978. The City's General Plan adopted this realignment of State Route 30 along with the alignment of the future Route 30 Freeway and has shown this routing for 19th Street/Highland Avenue for the past 8 years. 19th Street was recognized as important to the City's overall circulation and established as a priori ty street by the City Council in 1986. The circulation plan for the GPA amendment area calls for improvement of Lemon Avenue east of Haven Avenue and through to Highland Avenue at Deer Creek; extension of Banyan Street east from Haven Avenue to Milliken Avenue; extension of Milliken Avenue to Foothill Boulevard and widening of 19th Street to 4 lanes from Carnelian Street to Haven Avenue, (Figure 1). This overall network will provide needed street capacity to handle traffic growth prior to Foothill Freeway construction. The closure of Highland Avenue between Haven Avenue and the new connection to 19th Street was a final part of the residential development on the south side of 19th Street east of Haven Avenue, (Figure 2A ). The new connection, and particularly the closure of Highland, caused complaints by area residents, mostly from newly occupied houses. In addition to complaints regarding heavy traffic, noise, difficulty of using the intersections and visibility at intersections, there were many claims that insufficient notice was given by the developer of the impact of making the connection to Highland or that the information that was given was misleading. In March and April 1989, the Public Safety Commission considered the public's comments regarding the extension of 19th Street as a through street and recommended to the City Council that Highland Avenue be reopened to provide an al Lernate route LO Haven Avenue. Ine l:l Ly I:OUAC11, On Apr11 14, 19tl9, directed that Highland Avenue be opened again, but modified the configuration of the connection to that shown in Figure 2B. Since the restored segment of Highland Avenue 1s not part of the General Plan, a GPA is necessary to revise the Circulation Element to include this link. The Planning Commission adopted Resolution No. 89-103, at its July 26, 1989, meeting recommending GPA 89-03 to the City Council for approval. ANALYSIS: As currently operating, the connection replaces a portion of Route 30 where its intersection with Haven Avenue had exceeded existing capacity. The deficiencies at that intersection are a lack of street widths for left-turn lanes for east and westbound traffic and a lack of lgft-turn signalc for an di rec lions. uperati onai and safety problems at the intersection were being experienced. Similar though lesser needs are present at the 19th Street and Haven Avenue intersection but construction is now under way for the needed improvements. Such improvements were necessary even without the closure of Highland Avenue and had been planned for construction at this time. ~~ STAFF REPORT GPA 89-03 AUGUST 16, 1989 PAGE 3 Reconstruction of 19th Street between San Benito Avenue and Deer Creek and uncovering of Highland Avenue between that point and Haven Avenue will restore area circulation to that shown in Figure 28 and Figure 4. A second phase of construction will improve Haven Avenue to six lanes between 19th Street and Highland Avenue and provide left turn lanes at the Highland/Haven intersection. A traffic study has been prepared by the firm of Austin-Foust Associates which analyzes the effects of returning traffic to the proposed route. In the near future, much of the traffic on Highland Avenue is expected to use the restored routing. The opening of Milliken Avenue in several weeks and Lemon Avenue in 12 to 18 months will signifira ntly reduce traffic on Ht ghl and Avenue and the rest of the restored Route 30. As traffic increases aver the longer term, the complete network will be available for the dispersal of traffic. It is expected that traffic increases along Route 30, however, will affect both the intersections on Haven Avenue so that within 5 to 8 years further improvements may be necessary to maintain acceptable service levels. FACTS FOR FINDINGS General Plan Amendment 89-03 will not be detrimental to adjacent properties or cause significant adverse environmental impacts. Should the Comnissien determine that the amendment would be consistent with the circulation goals of the General Plan, the following fTndtngs may be made for approval: A. The proposed change has been found compatible with the surrounding areas. 8. The proposed amendment will not have any adverse environmental impacts which cannot be mitigated. C. The amendment Ts in conformance with the goals and objectives of the General Plan, CORRESPONDENCE: This item has been advertised as a public hearing in the Daily Report newspaper and notices sent to property owners within 500 feet o ef~affec~ed streets and well beyond that distance where other areas are affected. The mailed notices involved all parties who have expressed interest in the subJ ect in the oast. Respec t~fulfiy submitted, / r RH1~AR:ly Attachments CITi Or RA\'CFIO CCC.a.~t0\'G.~ , ~~~,., i _ ,c- ~,; ~ I .t; `y O 7 w ' i _ -3 _ a ~ ~~ s ~ - - - ~U ' I ' e - ° I a °~~ w ~~ f ~_ ~ u~ ~ __~~~3~ =-~=~I ! ~`t-J ~ I h N ___'I Z ~~` ; _- i ~-= y '~~~ I V I ~~~--~c --~=~' I ~~ --I 1" iJ ~ ~ I^i -__-`~, l ~~~ 1 i ~~ i~~ _~~ __ _~~ I - - -_- ~, __ _ ~ _ -_`~ '~ _ _ -i --~' i ~r -i ~, J ~ - ~f i _ GPA 89-03 Proposed changes to area streets ~ ~ ~ l 30 freeway Highland ~ ~ Proposed route .~~:~~~~ ,,... r a~ Highland ~~ c ~' c i ~ c 3~ •• U i J~'e .i ~ -k ~ PO ~~. 0! x ~~ m . ..~~ U ~u...OH.• •N...M.Y.~~~ l 0 19th O CURRENT STREETS FIG.2A Proposed route 30 }reeway / l - - - - - Hi~hlan - Highland : Route 30 . i _ i c ; y N • C a m ~ m x . r 9r i 1 ` 0 - • 0 • ~ 19th n~ ~` 7 O; PROPOSED STREETS FIG 2g w~ +~lU 3T Z C a 1 _ ~~ - --------_--.__ ~s~ 1 ~ ~ ~ ., ' IIII r~gl ~ y g 11 ~~~ •~®_ • I I D ~; ' ~ II ~ ~ ~ ~ ~ _ ...._,. i --I II ! I ...„ . _II '~ I -- ~II -~"'~~ II i I E ....'. I pt ~ I ~ II :~ II ~ ~} u ~ {~ : 3 n ..., u -- ~ II ' ~ II ='- W 1 ~ - it .F - ~ s it , _ ,^^ +' ' ~ n. 1. ~ .r n ~ D L._~ .,.-. -~T"~ II r _ o j3 L, i -- 'it S __ !~ _ a ~I 3 Ae~..'~~ Oil§. o S _ QIi,~~A19A •~~yi ~ •; '~~ 3~aA ~a ~~~ 2t~:~ z I s avia~gl~ I II{. .. jls~ 9pp! ~.E6n Q BI 91 a.: a ~~ 1 ~ \ H • ~ ~. ~p.U ~' ,~_ ~. ._ II ' //- „~- .. /i % .y ~~ ~' • `\~• ~T ~' D t °• _ d ~ , Y w ` M N 9 0 ~ " 0 z i '~ N ,i~ ~ I. a ~)~ Motion: Moved by McKie 1, seconded by Weinberger, to adopt the Resolution approving Environmental Assessment and Conditional Use Permit 88-46 with modifications to provide for additional cornice on the center tower and sample colors for the store fronts, tile, stucco, and stucco base to be approved on- site prior to completion. Motion carried by the following vote: AYES: COMISSIONERS: CH[TI EA, MCNI EL, WEtti RERGER NOES: COMMISSIONERS: NONE A RSENT: COMM iSS10N ER S: RLAK F.SL F.Y, TOLSTOY -rarr ied ~ : ~ ~ ~ 8:15 P. M. - Planning Commis Bien Recessed 8:25 P.M. - Planning Commission Reconvened ... ~ G. ENVIRONMENTAL ASSESSMENT RND GENERAL PLAN AMENUMENI 8Y-UJ - C1IY Uh NANIaU U - ame me nt to t e c rcu atnon a ement o t e anc ho uu ca~ General Plan to restore through traffic to Highland Avenue between Haven Averwe and Deer Creek Channel, with a connection to Highland Avenue from 19th Street near San Benito Avenue. Pal Roug eau, Traffic Engineer, presented the staff report. He stated that staff had received a few written comments, telephone calls, and visitors, with all being in favor of adoption. f1, .:..-.n Mn Y:nl ..L nA ..~b .• ntA 6.n non rFnn h6n i.-n nu u. nnl n.. nhnA Mr. Roug eau stated the streets would have to return to the current configuration. Commissioner Ch it iea asked if the proposal included a signal at Hig hlard and 19th Street. Mr. Roug eau stated there would not be a signal but there would be a turn lane. Commissioner Chitiea asked if the City would bear the fu 11 cost of returning Highland to its original state. Mr. Roug eau confirmed the City would bear the full cost. f ngnn,i«inrer fh it iea ac4 aA the ap prnvima to tncl. Russ Maguire, City Engineer, estimated the cost would be to the E300,000 range. Planning Commission Minutes ~ -8- July 26, 1989 5 Chairman Mc Niel asked if there would be a leg of Highland going beyond the 19th Street intersection that would remain when the freeway is constrv cted. Mr. Maguire stated it would revert to what is there today. Chairman Mc Niel opened the public hearing. The following residents spoke in favor of the amendment: Steve Bayless, 6608 Halstead Avenue, Rancho Cucamonga Corky Stone, 6628 San Benito Avenue, Ra no ho Co ramonga Joe Jett, 6858 Valinda, Rancho Cucamonga Oenn is Binder, 10685 Ring Avenue, Rancho Cucamonga Jerry Jacobson, 10935 Santa Barbara Place, Rancho Cucamonga Terri Brooks, 10331 Orange Street, Rancho Cucamonga Art McClure, 10830 Sonoro Rvenue, Rancho Cucamonga Carolyn Abrom, 10939 San Mateo Place, Rancho Cucamonga Peter Van Steeden, 10660 Heather Street, Rancho Cucamonga The residents fe it the road should not have been closed and felt it presently is an unsafe situation. Several residents questioned lane layout, stop sign, and sig nalization details. Mr. Maguire stated those were design issues and the General Plan does not go into that detail. He stated the technical details were addressed by the Public Safety Commission and referred from there to City Council. Chairman McNiel suggested the residents may wish to contact the Public Safety Mr. Stone requested that when the freeway is con strv cted the residents be allowed to provide input in the design of the freeway. Mr. Jacobson asked ab eut the constrv ct ion time frame. Mr. Maguire stated the amerdme nt would be heard by City Council at their second meeting in August. He said the CalTrans permit was applied far in May. He stated the first phase of reopening Hig heard would take approximately 5 weeks for construction time. He said the second phase, including sig nali zation at Highland and Haven, is being held off at the request of CalTrans, but will probably be permitted by the end of August, and construction would probably take approximately 6-8 weeks. Mr, 'Jan, C*e adnn c}atnd he wac rnntn rneA ahr~h _hn~l h~~g ;rpp l~~atipn, Conm is sinner Chft iea suggested he cen tact the transportation department of the school. Hearing no further testimony, the public hearing was closed. Planning Commission Minutes (^-9- July 26, 1989 ~`(/ Commis sinner Ch itiea expressed appreciation for the residents who came out to clarify their points of view. She oh served that no one spoke in opposition aM stated that despite the expense she felt it was necessary to support the amendment. Chairman McNiel stated that when the General Plan was adopted it was felt that the freeway would eventually be built. He said the design of the roads was done prior to the construction of the homes in the area. He said when the houses were built there was a dead end street, which pleased the residents. He said when the change was made to facilitate the General Plan, the residents suddenly no lo!!g er had a blocked off Sr reer, He felt the City sh acid perhaps have provided access from the southerly tract to the south to alleviate the crowd irg on 19th Street. Even though he felt the amendment was only a stop- gap measure because eventually the freeway would be built, he supported the amendment. Motion: Moved by Ch it iea, seconded by Weinberger to adopt the Resolution recommending approval of Environmental Assessment and General Plan Amendment 89-03. Motion carried by the following vote: AYES: COMMISSION ER S: CHITI EA, MC NI EL, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMAI SSION ER S: B!AICESLEY, TOLSTOY -carried + + .. x 9:25 P.M. - Planning Commission recessed. • * + * + K. ENVIRONMENTAL ASSESSMENT ANO DEVELOPMENT CODE AMENDMENT 89-01 - - tstaonsnment or crrtena ror car wasnes w c ial Districts. Dan Coleman, Principal Planner, presented the staff report. Chairman McNiel opened the public hearing. Terri Brooks, 10331 Orange Street, Rancho Cucamonga, introduced her nine year old daughter Ar iane, who stated she did not want a car wash in her neighborhood because it would bring drugs and people would make noise while ..whinny tFe i.. at '~J•LIfJ C. 1'i. M.. Br^..^.k$ tl~nn $ta ted ehu ha^ ra ent ally spoken to over 100 people who were opposed to a car wash at Haven and Lemon. She demanded that the Resolution be rewritten to prohibit car washes in any Neighborhood Commercial areas. The following residents spoke in favor of the ordinance: Planning Commission Minutes ~ ~-10- July 26, 1989 RESOLUTION N0. g4' ~ / "1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT (GPA) N0. 89-03 TO AMEND THE GENERAL PLAN CIRCULATION ELEMENT BY THE ADDITION OF HIGHLAND AVENUE BETWEEN HAVEN AVENUE AND DEER CREEK CHANNEL, NITH A CONNECTION TO 19TH STREET NEAR SAN BENITO AVENUE A. Recitals; (i) The City of Rancho Cucamonga has propose4 General Ptan Amendment No. 89-03 as described in the title of this Resolution. (ii) On August 16, 1989, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution: NOM THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves: 1. It is specifically found that all of the facts set forth in the Recitals, Part "A", Exhibit A, of this Resolution are true and correct. 2. Based upon substantial evidence presented during the above-referenced public hearing on August 16, 1989, including written and oral staff reports, together with public testimony, the City Council hereby ~N~,.{~{~ell~ ~~~~~> ", `011,,,.,. a) This amendment does not conflict with the Circulation Policies of the General Plan and will provide for traffic flow in a manner consistent with the General Plan and with related development; and b) This amendment promotes the goals and objectives of the Circulation Element; and c) This amendment would not be materially in,jurlous or detrimental to the ad,{acent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, the City Council hereby finds and conclude: as follows: a) The amendment does not conflict with Lhe Circulation policies of the General Plan; and RESOLUTION N0. GPA 89-03 CITY OF RANCHO CUCAMONGA AUGUST 16, 1989 PAGE 2 b) The amendment promotes the goals of the Circulation Element of the General Plan; and c) The amendment would not be materially injurious or detrimental to the adjacent properties. 4. The City Council hereby finds that the project has been reviewed and considered for compliance with the California Environmental Quality Act of 1970 and directs the Issuance of a Negative Declaration. 5. Basad upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the City Council hereby resolves that General Plan Amendment No. 89-03 is adapted. 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED TNIS 16TH DAY OF AUGUST, 1989 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII BY: uenm s ~. Scouc, mayor ATTEST: e ra ams, y er I Debra J. Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Ctty Council of the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 16th day of August, 1989, by the following vote-to-wit: AYES: NOES: ABSENT: CITY OF RANCHO CUCAMONGA ci cn Mph, ~_._ __ i i .____.~ PROPOSED A-MlODENT Bo-O(f Goo cy < ~ r O - ~ a r 1977 i.IfsLULF111VIV FLAN rsposen ~~ CDUFCTOA _._. __ SECONDMY -_ ......... GUJDR AATEPIAL ~~~... .._. AR~rE~ D ~~.._..W ExIS7u~G xttEPCNANGE p PAGPOSED WTEACNANGE O iiE~ ro rR~irr~r.Mo .ANGExx /toss GRADE SEMAATION ^ IHfERSECTION POR P0.551BLE WIDENING SPEGUL bpaFVAAD ~ SPECIAL DESIGN [~ SPECIAL WM(.'T STUOY ZDNE EXH61T A CITY OF RANCHO CUCAMONGA STAFF REPORT e~ . DATE: August 16, 1989 T0: Mayor and Members of the City Council FROM: RraA Bailer, City Plana er BY: Brett Horner, Associate Planner SOBJEC T: MODIFICATION TO DEVELOPMENT REVIEW 88-32 - NELSON - An appeal of the Planning Commission's decision to modify a condition of approval requiring the payment of an in-lieu fee for landscaping within the I-15 Freeway right-of-way along the project frontage for 1.55 acres in the General Industrial District (Subarea 14) of the Industrial Area Specific Plan, located on the east side of Hyssop Drive, north of 4th Street - APN: 229-331-C2. (Continued from July 19, 1989 meeting) I. RECOMMENDATION: Staff recommends that the City Council uphold the appeal, in part, by directing the City Planner to modify the freeway landscaping condition of this project so that landscaping within the CalTrans right-of-way, adjacent to the retention basin, will only be required when J....n In n.--..• n- ~L.. L-.. .. .. -.. a .. --......- ........r..~...~...~, .~.. ..,....~ r~-,.~~.J ......~.. II. BACKGROUND: This appeal was heard at the July 19, 1989 City Council meeting (See attached Staff Report), at which time, the Council continued the item in crd er to allow staff time to explore aiternatives for financing landscaping of the I-15 right-of-way. Staff has researched aiternatives for financing the construction and maintenance of the landscaping and will be available to present our findings at the meeting, if requested. At its July 19, 1989 meeting, the City Council stated its position that in-lieu fees for landscaping within the I-15 freeway right-of-way should be paid by the developer in accordance with Planning Commission policy. However, the f'n ~) al! ~1, nA •Fn •: nt all ••••t: the e2i fo rn la nd scaping of the sec tf oar of right-of-way,rwh ich abuts the southern portion of the site adjacent to the retention basin when removal of the basin and development on that portion of the site occurs. /~I CITY COUNCIL STAFF REPORT MOD IFi CATION TO DEVELOPMENT REVIEW 88-32 - NELSON August 16, 1989 Page 2 III. ANALYSIS: Based upon the Council's discussion, the condition for freeway landscaping could be changed, as follows: The freeway right-of-way ad iarent to the pm jest sh ail he landscaped in accordance with a master plan for the entire segment of freeway within the City as approved by CalTrans, the City Planner, and City Engineer. However, if CalTrans will not allow the incremental construction of this freeway landscaping with this project, a cash payment in-lieu of construction as a contribution to a future comprehensive project shall be made to the City prior to the issuance of building permits. The developer's responsibility shall be limited to Lhe area east of the ea si edge of the northbound freeway on-ramp. A portion of the cash payment, proportional to the amount of area within the site occupied by the retention basin compared to the total site area, may be deferred until Lhe filling and development of the retention basin area (including, but not limited to construction of any structures, parking facilities, or storage areas), if an appropriate secu riYy is provided for the deferred cash payment. If the Council concurs with this revised condition, the City -4n..lA 4n J: nnn ,..A •.l ln4~nn incorporating-the condition as ~ou tl~in edn abov e.J ~-- r~ -~_~ ~----~ Re spe full su bm' rad lle City P1 er BB :B H:js A•s ~~nm en,~. Cvn. n., ^d^t. r=vl ~.. Exhibit "B" - City Council Staff Report of July 19, 1989 lO l PROJECT SITE APPROXIMATE LOCATION OPT AREA TO BE LANDSCAPED - PER THE REVISED CONDITION of this area basin is removed AND development occurs v V NORTH CITY OF RANCHO CUCAMONGA PLANNING DIVISION ITEM: APPEAL OF MOD. TO DR 88-32 TITLE: SITE PLAN EXHIBIT: A SCALE: none - CITY OF RANCHO CCGAMONGA STAFF REPORT _ ~ DATE: July 19, 1989 T0: Mayor and Members of the City Council j FROM: Brad Buller, City Planner ~~', BY: Brett Horner, Assistant Planner SUBJECT: MODIFICATION TO DEVELOPMENT REVIEW 88-32 - NELSON - An appea o e ann ng omm ss on s ec sion o modify a !, condition of approval requiring the payment of an in-lieu ~ fee for landscaping within the i-15 Freeway right-af-way i along the project frontage for 1.55 acres in the General i Industrial Specific Plan, located on the east side of Hyssop Drive, north of 4th Street - APN: 229-331 -02. RECOMMENDATION: Staff recommends that the City Council uphold the annP1-in~ommission's decision to sustain and ngdify the City Planner's decT Ston to deny the applicant's request. II. BACKGROUND: This project, an industrial building at the southern en~~sop Drive Lust north of 4th Street, was approved by the City Planner on January 11, 1989. One of the conditions of .al coot nnn.inn niotNnn rnnMHnn F rom,i nod }hn mvman} of an in-lieu fee for landscaping within the I-15 Freeway right-of-way per Planning Commission Resolution No. 87-185. On May 9, 1989, the City Planner received a request to delete this freeway landscaping condition. The applicant stated opposition to the condition for cost considerations (see the attached letter from the applicant). The City Planner denied Uhe request based on the established City policy and past development review actions. On June 4, 1989, the applicant appealed this decision to the Planning Commission. The item was heard at the June 14, 1989 meeting, where the Commission sustained and modified the appeal, significantly reducing the area to be landscaped within the I-15 Freeway right-of-way. On June 12, 1989, the applicant appealed }ho fmm~i ccinn"c daficinn }n the Cnun[i1. III. ANALYSIS: The Planning Commission has determined that the I-15 evore Freeway right-af-way is an important regional transportation corridor through the City of Rancho Cucamonga. Any property which adjoins the freeway should be landscaped in the sanre way that all developnwint is required to landscape their "frontage" along public right-of-way. Caltrans does not have n~u CITY COUNCIL STAfF REPORT MODIFICATION TO OR 88-32 - NELSON July 19, 1989 Page 2 plans to landscape this corridor, but indicated tha*- they would allow others to landscape it subject to their review and standards. Hence, the Planning Commission established a policy in October 1987, requiring landscaping or payment of fees in-lieu of construction. All new development projects along the I-15 Freeway corridor have since been conditioned accordingly. The policy requires "all new development adjacent to the I-15 (Devore) freeway" to landscape and irrigate the freeway right-of-way which adjoins their property. The current policy, however, does not provide any latitude for staff in how to apply the condition for landscaping. In its application to individual projects, the policy has been interpreted to require landscaping of the entire unpaved area (not including median) of the freeway right-of-way. The project in question, Developnent Review 88-32 (Nelson), is required to provide for landscaping (through payment of an in-lieu fee) on both sides of a northbound an and off-ramp to 4th Street (See Exhibit "C"). This area, according to the applicant, amounted to approximately 8 acres to be landscaped. The subject property has over 1,000 feet of freeway frontage which is required to be Landscaped. This 1,000 feet consists entirely of the northbound on-ramp. However, the lower Mo-thirds of the site are undevelopable at this time because of a flood control .n~nnrtpo tiesjr Tyarof,,.e .ye ..rtt,.r ~s lye ._r.c ..y. _y r~ actually being developed has a freeway frontage of under 300 feet. Development of the southern (basin) portion of the site can occur only after Day Creek Channel is improved. fie applicant has proposed to construct additional parking in this portion which would potentially add 200.300 feet more of developed land which "fronts" onto the freeway. The additional parking proposed by the applicant would enable the use of the site to be upgraded to a higher use, which would increase the value of the project. At the June 14, 1989 meeting, the Commission heard the applicant's appeal and modified the City Planner's condition for freeway landscaping by requiring landscaping only within the area beMeen the pro,ject's westerly property line to the first roadway (northbound I-15 on-rang at 4th Street). This area amounts Lo db0ufi nna end nne h37f 3rrec to ba 13ndsCaped. The 3re3 4e rye west of the on-ramp (about six and one-half acres) was thus deleted from the landscaping requirement. The applicant has indicated that this reduned the in-lieu fees from 2315,000 to E60,000, X05 CITY COUNCIL STAFF REPORT MODIFICATION TO DR 88-32 - NELSON July 19, 1989 Page 3 1n addition, the Planning Commission agreed to defer the area to he landscaped adlacent to the existing flood control retention basin until the basin Ts removed (which should occur when Day Creek Channel Ts improved). The applicant is requesting that the requiren~ent~ ~r freeway landscaping be deleted in its entirety. Respectful bmltte~,/ /~ Brad Buller City Planner BB:BH:sp Attachments: Exhibit "A" - Letter from applicant Exhibit "B" - City Planner Approval Letter Exhibit "C" - Site Plan Exhibit "D" - Planning Commission Minutes of June 14, 1989 Resolution of Denial (O John W. Nelson e s a~~nnl d~,~e~,« Coin nA Cd 9t'Bb' -~ e C1r~yvl.~~;ii ~F,we7G J v Ci!y of Ravcho Cuc aavpa City Cauncll 9720 Baaelioe Road Ravcho cuc uevpa. CA 91130 Atty: Oevvls Steut Jme 21, 1989 Dear Hayo[ Stout: I as preaevely in the process oL oDtaleinq pa n its to <om eruct av Indust nal buildiaq on HysaeD Avenue, uvder year Oest0p Revier ou spec DR 4A-12. I could like [o request a sod if icative to the cveditieva vt approval fo[ [bia Dro7ect. as sodif ied by tha Dlavvivq couiaelov. SDe<1t i<ally, the covdif iov requiring iv-lieu tees to be Daid to the City to[ lavdscagivq vithiD the I-15 yroeray right et say. The 7ua[ifi<atiov for [his request is pn urily ene of ecovovic hardship. The calculated area for deteoivivp the tee is so large relative to the size of the parcel Deinq developed, it revden tha Darcel ecovovically unfeu IDle to develops The Drojaet nll coat $700,000.00 to <oprtruct. City [eea other thav [De rn-lieu tee are about 540,000.00. Tha tv-lieu fee alone is an additional $60.000.00. This brivga total tees t0 approsiu tely 5100,000.00 or 14 Dercevt of [he covatru<tiop <oa b. Became of the uelque cgptipu rat lev of the su h7e<t DroDerty, !has conditiav plncee an uvreuvuble deuvd vv the ovvera for develoDinp [hair property. 1t fhv covdabiov v LLbred [o ruaiv lv ettect, the pro7e<t rill have to be abaodoved at great coat and hardship to tha vreera at the orooerty. TAis vould [egrettully tore av ivveoe conduatiop ac hop ivvolvinp the Ci[y. otvivusly, ve could Eate [o sea 1t qc thv tar. Eat ee v<uld have nv other opt rq leR. It v for eheae reaaom, I av [eapectbA ly requeattvq a agdif uar on en :..^.e c<nditiom of approval. eery truly ygu[ ~~ ~~ loon p. Neiaan O'i1Y - cc Can Guerra c „ ~~y4 De rb is h. Guerra Aaa oc. PM yV y YX arty Ha 7telylmtc,_~'.:r~iii3iF Young. He<~ie, gveDh[fes, L Hafen + CITY OF ~0 7 RANCHO CUCAMONGA PLANNING DIVISION ITEM: APPEAL OF MOD. TO DR_88-2 TITLE: LETTER FROM APPLICANT __ E7(HIBIT: _,9_ r_: __.-_. _.. _-._.. _._ . CTFY OF RANCHONUMONGA ,wcw.+.v ,...,v c..~yrw~.. n:u ~~e.~ini June 19, 1989 M'. JMn Nlson lR N. CMtral Meme lp1+M, LA 91786 SUBJECT: FREEWT INOSLADIN6 CDI~ITiON iDN IM ®-3E Rtar Mr. Nelson: At Ne1r Jum 31, 1989 aeetlm Ne Fleming Lo~isslon d', rested ++e. +s Ne C1tY Dl anMr N sdl/Y EsginMrin9 Condltlm Mo. S of Ne +ppreral l attar for Ne abve +,Mtt„-,ea iro; a<t. ^.,+ oar cpr."_!gpn cieri!1is 0e lf+ttf o1 Ne ena NN1n Ne 1-19 ireeray rt>nt-of+ey N M 1aMUap« Nrough Ne Daywnt of 2 1n-iteu Iw. This dM S1M N +odl lY En91nnr1 iq Dhlsfon ConM ttm M. 8 Nail De of/«elre follwLq + 18- day apD+al perl od Dgrmlig r1N Ne GG a/ N1s tette r. Fi ndi n9s -'A~That Ne ner cmditfon Is croslsGnt r1N Ne Lity't Do1itY a/ n9ul rlip laMSCpN n9 NN1n W 1-19 FreerM ri9Nt-of++Y. B. That Ne ner cMdl tl On represents a eodl ff tattoo N Ne or191w1 prof«t aDDrortl far gerelopgnt Rerlar BB•ffi. C. That Ne +aM111ed mMtim r111 opt De detrinantat N Nr puD11c AniN, safety, or relfan, or wterlally iNurlous to proDertLf or leprova+tmts in N+ vidnitY• Cond1 [toot: iris eodlfl<atlon Lo ql BB-32 Is aDDrov« suD1«t en Np /pllorlnq conQl tl Mf: 1. Att cmdl Clow oI spprenl in Ne approval LtGr dated January ]l, 1989, aDDrorlrp gavel apwnt Rer1a BbR Netl aDp1Y, coca[ EnginwrlM DlrlsiM Cdndl tlM b. 5 sNa11 D• edM fled to and u !p11an: s. The Freerer rlyit-ofray .df«Mt N me Dro1«t f8at1 De LMUaped .n «cardance dN + wfhr Dlan /or Ne enttn spfent of FreMay r1 N[n Ne C1 tY +s epprpv« 6v fYOWe Mn r11v Vt+nnee +M flrv Inolnwr. Nowrer, 1f LALTRAMB rf ll mt e11 or Ne fureeental cpwtroctlon of tMf indp IIMKepf,p NN tMf +n+ M+L 0/ i NNin Ne and N Ne ~. rsoral of sacurl tY is As You +n awn, Nlf cmdl [ion vas eadi/Ld Der Ne Dlamlip Ca~lsslm's d1r«tlon at it'f June U, 1989 wt1n9• M aDDeel of N1s dM S1 on cost D+ Nled in rritinq r1N Na Ilamin9 Cp~ISf1M s«ntary ta9eMer NN a ili6 appeal Iw. !f You snoptd nue fm W«[i MS cmcernin9 Ne wdl if aetpn, Dl wsa do not nes1GG N cmt«t bett Nornar at 1U-989-IB6I. A «enly, CM4M OEILLBPIIXr 8[pMT1OR v olYl ~ ~ city nn. CITY OF ee•RN.~I l ~~ ITE1[:AF'PEAL OF MOD. TO DR 88-3. RANCHO CUCAMONGA TITLE: AppRONAL~ETTEW PLANNING DIVISION ExHIBiT: e ~\ \~k . '~ ~ ~~ y~ 0 \~ ~y ~~d APPROXIMATE LOCATION OF\ AREA TO BE LANDSCAPED - PER THE REVISED CONDITION .r.y ~ 7i VIII I~~~~~~ g ~' ~ ~i 3 PROJECT SITE ~~ ~ ~I i e ~~ 1 ,~ I ~ I i i I iITE ~ ' ( ~ ~ . U ! ;•~ c i ~`- I~ i Fees for landscapin of this area to be deferred until ~he basin is removed T-- ` ~~~ _ _ NORTH C11 1 OF ~~~ 9 ITEZ~: APPEAL OF MOD. TO DR 88-32 RANCHO CUCAMONGA TITLE: SITE PLAN PLANNING DIVISION E%HIBIT:~_9CALE: none xEr IUSInESs N. Imtii Gilts t0 OFVEtoVKNf RfViEY 8s-32 - XFLSOX - An +pga1 of tM CMty n a eeya npuet • to a mmttton of wpra.dl rewtrh,q Me~p+Ywnt r n to-Iles feeoro. i,MSnplrg ritmn tM 1-is irt[ray r1yM-oy-+[Y ,la~q tM prefect Irontge tort 1.55 ,crN In tM Gnn[1 InNttrlJ Olah lct (5upwea III pl tM lMUttrl,l SpNlflc plan. touted pn the east sle< el xyf {op Brive, Mra of Ito Stne< -AVM: 0E5- lJl-oE. 9rG: xornlr, Aat h!ent it ann[r, pnien[ed t4 Stall report. ine~nnen xCNI[1 invi [!e WpllC [a1Rnt. 3ery Nsen, Ypurq, xenrl e, xumpnrl es, L Nuon. rttorney Ipr applicant, s:aus :nay . repuvttl lg that th In-lleu r!t pe r,lved paces{! of e eadsnlp'e Ne saki the eppllcmt twig Wort utll ll< tM I,M in fM 1!aod catcA eaa+n unto pay Enek Cn+nnel n{ mprowd, em a envy cwm not drro.a m tat the I+M I,Y f+tlp[ unefl tM chwnei m lepwred, tMy more Ming farted ^~^Jly py..ld [Irtm ce{z~~~r en[ i -;iN r.e •. poi .~~+aa. •[M wp1'ICant wale Mr< ter aoeMOn tn< prefect ate [M prefects •ou id pttm! Kengictl lY unfeaalple, alto Ins [pwHrq 55f of tM c uctlpn mats, xe stated IM1IY w only derelooing aloy a JW foot frpnuge instnd or :M I,FW foot frontye of tM enure parcel, xe fete the I+Miugd oe+ wale noe eemllx anyoq. xe reR tnu hemie tM City word net alloy tM us! of [ne c+tcM1 Obin at [h1v tln, t% dppl lfent Vw pllM fer[!d Into a r[EU[ee u![ pl 1,13 prppMlY far tM p[nlllt _na'nem XcXlel st+Md V,at Ir the purcNSer pwpAt [M prepertY r1;MUt Ae „pvltel< to+t [M CdtGh pe)1. • repot red, It wort not th! rtigntlMllty ]I M! CI[Y to M !on tAe wrcM[<rlsknpr [Ae conxtralntt e/ tM property. iAere .ne no Iwthr wpllc coagnts, Cawiulogr CMtlu sated tM a.wnt of IdMSUplrq rewind al alt ties .ppe.rte to pe d u.nl. mretn Nm tale the cm.nuon snopld censtder rewl.ad :ne Idmscep~rq .nf[cmt to tM nom coirtret earn .e eM u.[ ena ppr[Ipn pf the prepwb rµ d[relegtl. EM (alt epee fnbey 1[MSCwirq r[ Ipr be Mnlit of [M <owlnitY a rMle [M testa [tso ppnell[ tM property o.ner py Incneal,g tM .atu.sor tMlr Iam. Cemmltilogn Bl+kul[Y +M tolitoY [9reee !M1[t tAe nwUp[nt for tM entbt I, WO loot Iron[p[ vu u¢e[IV[. :amlttloner Fnn l<I wkm 11 [M Cowhtlen nw lemlY peen canlnnad tiro a il[Il+r sltwtipn vhen Inert' frontpa Mmertd uMarelop+pla I,M. derryt Hanson, SeNpr CHIT Figi Mar, speed Mb pnpertY wet umpve [ro n N4 dl io tM Itr{[ tits [ IMlvw o -rqp wt IeYOlvad. [ommlssipMr F[er lck qnM tA[t tM rwnt orate umstra. .. •.~... ........ ••. a.. ~..., r.. ~. w. •n~•.r.r .n nnlr !M M1~IId[Ale grnv+d tACUId pe •Iamtc+Md 4k tAK tM er![ tp lM rlst of tM pn-raq snwte not pe nwlnd. Jen Col emdn, 5<nlor pl ennv, sped roar ell cM Iamwpl,q [ uu looted ;•I, ; :el'-ani r1aA;-pr-rlY e,ld WV1E •<Ou'iR In-llea [!!<t t![Lt! .! a.a nex ~pt mprmee a,dr.e. ttMSppirq poor ass •ry~r[, ^y 5,51,<e•, xu9AUted me Cwntisien cl erl ry tM ; •ylrl ne IendSUOle !rq tM prcMrty line to LM HHt roeM[Y. 'aA1Cn pcufe -rum. role ;M a.nm tees mold pe Wool tea a Ina p.apaty s~eereiogd pt' n.Yl•q tM develugr 4MU+q or v+Y in-Hw feu lo< tM Wooer mruon not +nd :%n, lotlwln9 ellei n+HOn oy tM poor, tM deml~Oer coma cgoleu euetoprne am a n.e nq p+y a-uw ten m mdsapa the tecdnd wrtlen al tM pdecei. rn,lte~aner F+rtlee wesuoned a en<re . .oar oleo .men act+eea tM ood :pntr,l polo to tMr Mr that doe coma he eevelewd rlxn ovu~q +M •cr r, ;ed '. .u «.e'~,y y~annec :p se an Upent an or tee otr." M ~.. .... -~a eoo.•al pasa. ' mcernee ,r ; < are+ w oat p'.,nned orpMr'y . wu a eve. ]ever pp deny the City mould never noe ene lamtupllq. r 3'~s.exley sapget:ee roar. Ve ~.n-liw ne pe progrtloned to Pe eecoef, s +ft n ro•dl ne[e t .a wu'~d +at pe Illt rl to tM CITY OF / (~ ITE1[: APPEAL OF MOD. TO DR 88-3 RANCHO CUCAMONGA TITLE: P•C. MINUTES PLANNING DIVISION E7ISIBIT: _~ Mr. Magutrc stated that be Pore the applicant could obtain Wild irg perttl is for the first phase he would have to provide surety, guaranteelrq [A et once Day Creek Channel was completed, the developer would eliminate and fill ene Sarin. Once [he basfn was oiled, it would be in the developer's ecpnwnlc interest to utilize the land for parking so that he could further eepaM [he use of the Building. 3rad Buller, City Planner, suggested that the Planning Commission was re eff irmi ng existing polity to take the la,WSCap i,g to the first roadway along [he freeway right-oi-way, arA that in-lieu fees should be col let [ed DroOarttpna[e tp the land being developed. Ralph Hanson, Deputy City Attorney, stated that the matter was brought before the Planning Cmmis lion [o appeal a City Planner's decision to deny a copglete deletion of the landzcapi,g cp nd itton. He suggested the Commission make a motion to sustain the appeal and direct the City Planner to anw!rd the cpndi lion consistent with the Commission's findings. Motion: No ved by Lhi ties, sxand<d by Bl akesley, to sustai r. Me appeal of the city Planner's decision to deny the request for Mpdific anon So Developne nt Review 99-32 and direct the City Planner tp amera the condition consls to nt w+th the Commission's Hnd ing s. Motion carried by the following vote: AYES: COM4ISSIDNERS: BtPX ESLEY, CNITIEA, EMERILk, MCNIEL, TOLSTOY NOES: COM4I SSIONERS: NUKE ABSENT: COMMISSIONERS: -c arrfed Lpmmissi ~~er Emerick felt the policy should be more clearly delineated [p al law the la,M price to reflect more or less Wrden Sn the area of landscaping. Commissioner 9lakesley agreed that it should be predictable. Mr. Maguire stated he did oat know of any other long retention ba sl ns on private property along the freeway cprr ldor, H< fN t that a clariYl ca ti on of the policy requ7ring laMSCapi ng along the properly line up to the fl rst •oadway was very predictable. Ne stated this property was unique because of the retention basin and Me basin would Se removed within a year. :h ai rman McNiel invi [ed Mr. Mason to comment. [hat ualthough some •additi onal park i,q'woulOv Oe~ added~ta ~CheV~retenH On basfn area when iL became available, the renal Mer of the retention basfn land would b¢ Of n0 ddd1210nd1 S¢ne11t t0 his client. Chairman McNiel stated Lh at because the additional land would be available, roe owner would have th¢ aSllity to expand his building aM/or Wsiness with the developne nt of additional Oarki ng. He felt that removing roe requi r¢sme n[ of 1dMSCaptrg [o the rtes[ of the or.-ramp was rel tevirg the applicant considerably. Nr. Mogul re suggested the Cal ante pf [h< in-lieu fee be tied to the l+minacipn oT the flood co n[r of basin instead of the development of that Do r[ipn of land. The Planning Commission concurred Nr. 3uiler sta [ed [h a[ he would work with the developer and ameib the co nditlon [o delete the requirement far Iandfcapirq th! drca west of the On- __ _ aligx the 1!r.: fee Sa prpert!pnate ••• area pf la.x~ presently being develoDed~wlth the rcmai niiW portion of the 1n-11 ra fee het due at the time [he basin area was required tp be f111ed because the /food control measure was na Ionger necessary. Th! developer could then expnNl his parkf ng and further Intensify use of the build i,w). Ne asked Mr. Nansan when the applicant's ap0e a; Oer sod would begin. Mr. Hannon stated the appeal/pert od should Oegin tonight. CITY OF ~ I ~ ITE1[: ANAL OF MOD. TO DR RANCHO CUCAMONGA TITLE: P•C. MINUTES PLANNING DIVISION ExxIBIT: 0.2 RESOLUTION N0. 89-340 A RESOLU iION OF THE RANCHO CUCAMONGA CITY COUNCIL UPHOLDING IN PART TI1E PLANNING COMMISSION'S DECISION TO MODIFY A CONDITION OF APPROVAL REQUIRING PAYMENT OF AN IN-LIEU FEE FOR LANDSCAPING NI THiN THE I-15 (DEVORE) FR EEW RY RIGHT-OF-NAY, FOR THE DEVELOPMENT OE AN INDUSTRIAL BUILDING ON 1 ~S 'ITC GEN CRAL :GO STRi AL DISTRICT (SUBAREAu14) LOCAT EO ON HYSSOP DRIVE AND NORTH OF 4TH STREET, A. Recitals. !i) An application has been submitted to the City of Rancho Cucamonga by John Nelson (hereinafter "applicant"' fora Development Review for the development of an industrial building totaling 28,367 square feet on 1.55 acres of land on the east side of Hyssop Urive, north of 4th Street, hereinafter referred to as "the application". rii` On da nuary '.1, 1989, the City Planner conditionally approved Development Review No. 88-32 requiring payment of an in-lieu fee for land scapinq along the freeway right-of-way prior to the issuance of any building permits. ~iiil, On May 9, 1989, the applicant requested a modification to delete ulin ~u nli il. TUn ur approval ror reasons or "economic na rn snip", !iv) On June 1, 1989, the City Planner denied the request to delete this condition as inconsistent with Pl annina Commission Resolution ~Yo. 87-'85. (v,` The City Planner's denial was timely appealed to the Planning Commission on June 4, 1989. 'vi? On June i.4, 1989, the Planning Commission conducted a duly noticed public hearing on the appeal and concluded said hearing on that r!a to with a motion to direct the City Planner to modify the condition of approval to rlarify the limits of landscaping and the rcla tionship to the removal of a retention basin. ,Il .4. r r ~ iy r IOiI IIYI Il llld I I ~I ~:I~ LIIC 1.U 11U I I. IUII U! ^.i rec tad by the^Commission. !viii` The Planning Commission's action was timely appealed to this Council on dune 71, 1989. rix? The City Council heard the applicants appeal at its duly 19, 1989 mneti~ng and continued said hearing to August 16, 1989. I,~' CI iY COUNCIL RESOLUTION N0. MODIFICATION TO DR 68-32 - NELSON July 19, 1989 Page 2 B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolve6 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 i.n the Recitals, Part "A", of this Resolution are true and correct. ~. Based upon substantial evidence presented to this Council during the above-referenced meetings on July 19, 1989 and August 16, 1989, including written and oral staff reports, this Council hereby specifically finds as follows: !al The application applies to property located at the end of Hyssop Drive with a street frontage of ±132 feet and lot depth of !227 feet and is presently vacant; and !6) the property to the north of the subject site is vacant, the property to the south of that site consists of the City of Ontario, the property to the east is Day Creek Channel and the property Lo the west is the I-15 lOevo re) Freeway; antl jc) New development along the I-15 (Devo re) Freeway corridor has been conditioned to install landscaping or pay in-lieu fees; anA (d) The current policy applies universally to all properties which adjoin the freeway right-of-way. (e) The site is unique with respect to the ratio of freeway frontage to the size of building because of the unusual elongated shape of the property and the fact that the property abuts a northbound on and off ramp. (fj The applicant had full knowledge and disclosure of the recomme r.d ed rendition prior to the City Planner's approval of the application. (g? The applicant made no att empC to timely appeal the condition following the City Planner's approval. (h) The City Planner, at the request of the Planning Commission, has modified the rand itioo for freeway landscaping, thereby reducing the landscaped area from approximately eight acres to one and one-half acres and that pay^,ent of approximately half of the one and one-half acres has been do fn rrorl i~gtil mpl.. tl~.; ei the appi i,.n ut.'[ rwn-n na cen ~ ~ -, 3. 6a snd upon suh; to ntial evidence presented to this Council during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 7 above, this Council hereby finds and concludes as follows: (a) That tl•~e deletion of the condition for landscaping would not be consistent with City policy; and ~~3 CITY COUNCIL RESOLUTION N0. MODIFICATION TO OR 88-32 - NELSON July 19, 19P,9 Page 3 (b) That the deletion of the condition for landscaping would not he co r.s intent with the objectives of the General Plan; and (c) The granting of the appeal would not be consistent with the City's goal of providing needed screening and aesthetic improvement along the I-15 (Devo re) Freeway; and !d) a~ - cond it icn for pay~~~e rat t- ~rstall the landscaping '- not un reaso nab ie4nor 41i ne Gu itably applied to properties which abut the I-15~ (Devo rel Freeway; and 4. eased upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby upholds, in part, the Planning Commission's decision to modify Development Review 88-32 by revising Engineering Division Condition No. 5 of the project approval as follows: !a `, All conditions of approval in the approval letter dated January 11, ]989, approving Development Review 88-32 shall apply, except Engineering Division Condition No 5. which shall be modified to read as follows: The freeway right-of-way adjacent to the project shall be landscaped in accordance with a master plan for the entire segment of freeway within the City as approved by Cal Trans, the City Planner, and City Engineer. However, if CalTrans will not allow the incremental construction of Lhis freeway landscaping with this project, a cash paywem in-i ieu ur conscrucciun as a conch ouLron co a future comprehensive project shall be made to the City prior to the issuance building permits. The developer's re sponsi6ility shall he limited to the area east of the east edge of the northbound freeway on-ramp. A portion of the cash payment, proportional to the amoun± of area within the site occupied by 'the retention basin compared to the total site area, may he deferred until the fi llin9 and development of the retention ha sin area (including, but not limited to construction of any strut tares, parking facilities, or storage area). The City Clerk shall certify to the adoption of this Resolution. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August lo, 1989 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Jeff Gravel, Assistant Planner e~ . SD BJ ECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS AMENDMENT 89-02 - BL CKM011 HOMES. INC - A request to Pre-zone approximately 25 acres located on the north east corner of H~ighla nd and Rochester Avenues to Low Density Residential (2-4 dwelling units per acre) - APN 225-152-01, 02, 03, 04, and I8. ENVIRONMENTAL ASSESSMENT ANO DEV ELOPM EN? AGREEMENT 89-03 - BLACKMON HOMES, INC. - A request La approve a Development Agreement for approximately 25 acres consisting of 78 Residential lots located at the north east corner of Highland and Rochester Avenues - APN 225-152-01, 02, 03, 04, and '.8. Eilb'IRONM ENTAL ASSESSM ENi ANO ANN EA AT ION AGREEMENT 89-03 - BLACKMON HOMES. INC. - A request to approve an annexation Agreement for Development and annexation of approximately 25 ar roa lnratna nn •ho nnr~F a .• .. c u: ,.4._-r ~ ;~ I. RECOMMENDATION: The following items are recommended for approval: Development Districts Amendment 89-02, Oev elopment Agreement 89-03, and Annexation Agreement 89-03. See attached Staff Report of the July 26, 1969 Planning Commission meeting.) I1. ABSTRACT: The applicant is requesting to annex approximately 25 acres of San Bernardino County undeveloped land into the City for the purpose of developing under City Standards. The apnl icat ivn inil udas a iipvcinnmc_n. rii crr(~~e dmnnAmn.,• (Pre-zone) consistent with the General Plan of Low Residential (2-4 dwelling units per acre), Development Agreement setting the Development of 78 residential lots fora term of 7 years, and an application to local Agency Formation Commission (LAFCO) for the annexation of the property from an unincorpora ted area in the County to the City, Rochester Avenues - APN 225-152-01, 02, 03, 04, and IB. ll~ CITY COUNCIL STAFF REPORT DDA 89-02, OA 89-03, EA d AA 89-03 - BLACKMON, HOMES August 16, 1989 Page 2 IlI. BACKGROUND: A. Pre-Zone/Development Agreement: On July 26, 1489, the Planning Commission reviewed and recommended approval of the Pre-Zone and the Development Agreement for this site. The Pre-Zone reque s't is for Low Density Residential (2-4 dwelling units per acre), which is ens: ste.,t w: th the ne r.e ral pia„ nes;gearian. the Commission recommended approval of the Pre-zone at Low Residential (2-4 dwelling units per acre). The applicant concurs with the density set by the approved tract map of 18 lots and agrees to meet all City standards and pay City fees far Development. The term of the Agreement is seven years. B, Annexation Agreement: An annexation Agreement is a Part of this application (see attached Resolution!. Through the annexation Agreement the City agrees to pursue annexation through the Local Agency Formation Commission (LAFCO) and the applicant agrees to annex to the City. On Rpril 19, 1989, the City Council approved a Resolution to begin processing to annex the subject property to the City and forwarded the application for annexation to LAFCO. ~.• iii u it i ~ ~ .. ~. ,ri ..• the ~tax~ exchange proceedings between Vthe City and County. This action is part of the annexation proceedings. D. Environmental: An environmental assessment has been completed by staff and all possible impacts have been successfully mitigated and the Planning Commission recommends issuance of a Negative Declaration on the Cevelopment Districts Pmendment fPre-Zone) and the Develapme nt Agreement. IV. ANALYSIS: The project's intensity and land use is consistent with the City's General Plan and the surrounding areas. The applicant has agreed to develop the subject site to City ,, ,,~,^,d'^d` ..~ w ...,^d i.,.,~~Cd ~~~ th^ Daan~y .. ...nn '.ti....., of approval. The format of the Development Agreement is modeled after the Ahmanson Annexation 89-04 which was approved by Lhe City Council in January of this year. 'I~ CITY COUNCIL STAFF REPORT DOA 89-02, OA 89-03, EA b AA 69-03 - BLACKMON, HOMES August 16, 1989 Page 3 The subject Development Agreement outlines the responsibilities of the City and the Developer. The Developer agrees to develop at City standards or as conditioned in the County Conditions of Approval approved by the Board of Supervisors in December of last year. in addition, Developer will pa rr;cipar< ~ a Mello Roes Community Facilities District which will mitigate the impaction to the School Districts. The term of the Agreement will last a period of seven years. V. FACTS FOR FINDING: All the facts for findings can be made. VI. CORRESPONDENCE: These items have been advertised as a public hearing in the Daily Report newspaper, the property posed, and notices sent to all property owners within 300 feet of the project site. VI[, CONCLUSION: The Planning Commission recommended approval of the approving Development Districts Amendment Pre-Zone 89-02 and Development Agreement 89-03. Staff recommends that the City Council concur and approve Annexation Agreement 89-03. Re ~ ~ y sub ed_~ G Bra B era City P nner BB:JG :sp Attachments: Ezh ibit "A" - Vicinity Map Exhibit "B" - Project Map Planning Commission Staff Report of July 26, 1989 Planning Commission Minutes of July 26, 1989 Resolution Approving Annezat ton Agreement Ordinance Approving Pre-Zone Ordinance Approving Development Agreement I CITY CrF R,~.tiCHO CL'CA~IOI~IGA PL.A.tiNINC, IXvLS10N c~ a ~rT c~ ~ v NORTH ITFJk ~NE%ATION BO] TRlE: v~cN-r Miw Exwerr. ~•• sc~~e bae .... ~. ii.:.: , +:.. ~:, ~ ~. n - < i~'gyr~ ~ ..... _~7'1r~'~~-c'°'~ ;. .-- -Oi---•- Iy 1c h ,•!~ • Y ~ . r~ T -- --~.:. ~ ~ - --' - ~- -- - Cl~~ ~Cy~~ /'~ ~ + ~ I~.~,I~ ANEXATION N-0~ R •~ `A.. L 111 CL<L1.V '~m~; PROJECT MAP PLANNING DIVISION EyHlgfT; •B•• SGLE Wore CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 26, 1989 TC: Chaff rman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Jeff Gravel, Assistant Planner SUBJECT: ENVIRONMEMAL ASSESSMENT AND DEVELOPMENT DISTRICT reques n pre-zone approx me e y acres o vacant land located at the northeast corner of Highland and Rochester Avenues to a density of Law-Residential (2-4 dwelling units per acre) - APN: 225-152-01, 02, 03, 04, d 18. (Continued from June 28, 1989.) ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 89-03 BLACAMDN 1roM1ES Inc:. - A request to approve a uevelopment regimen or approximately 25 acres, consisting of 78 lots at approximately 3.2 dwe111ng units per acre, located on the northeast corner of Highland and Rochester Avenues -APN: 225-152-01, 02, 03, 04, 8 18. (Continued from June 28, 1989.1 I. ABSTRACT: The applications fora Development District Aew:ndment pre-zone and Development regiment are part of a package of acticns for development of 7 units (County approved tract map 13835 - see Exhlblt "C'1 on 25 acres of undeveloped land located on the northeast corner of Nlghland and Rochester Avenues. The applicant has requested annexation to the city. M application for annexation has been f11ed by the City with the San Bernardino County Local Agency Fonmatton Commission. tI. DRO.IECT AND SITE DESCRIPTION: The applicant is requesting the pre-zon ng o approx ma e y acres of undeveloped land as part of annexation proceedings and 1n preparation of development. M application for approval of a Development !greement fora Lean of 7 years is also requested. A. Surrounding Land Use and Zonlcq: North - Existing single residence, within the County Nest Foothills Community Plan designated RES 4 (4 dwe111ng units per acre). ~d PLANNING COMMISSION 1F'F REPORT DA 89-03 6 DDA 89-02 - BLACKMDN HONES July 26, 1989 Page 2 South - Foothill Freeway (Route 30) corridor. East - Vacant Flood Control (Day Creek Channel)/County West Footh111s Comnuntty Plan designated RCN (Rural Conservation) . West - Caryn Planned Conwuntty, C1ty designation Low Residential (2-4 dwelling units per acre). D. General Plan Designations: Pro3ect 51te - County General Plan is RES. 4 (4 dwe111ng units per acre). City General Plan is Low Resldentlal (2-4 dwe111ng units per acre). North - County General D1 an is RES. 4 (4 dwelling units per acre). C1ty General Pi an is Low Residential (2-4 dwe111ng units per acre). South - City General Plan 1s Fiood Control. East - County General Plan 1s RLN (Rural Conservation). City General Plan Low Residential Flood Control. West - City General Plan 1s Low Resldentlal (2-4 dwelling units per acre). c. site Cnaracteristics: me site is vacant and undeveroped. e e res o e northeast portion of the City, the site is on an alluvial fan, sloping to the south. Vegetation on the site consists of mostly alluvial fan scrub brush. The so 11 is coarse, mostly boulders, rubble and cabbies. III. ANALYSIS: A. General: The purpose of the annexation 1s to proceed with p a~for residential development and to participate in fl narking mechanisms for infrastructure which are 1n place or to be to place 1n cooperation with the City. M application for annexation has been f11ed by the C1ty with the San Bernardino County Local Agency Fon:mtton Coaaalsston. The applicant has not f11ed any further proleet appllcatlons with the County preferring to process through Ure Ctiy. The following analysis summsrizas the main points of the proposed Development Agreement. /~I PLANNING COMAS SSION FF REPORT DA 89-03 d DDA 89-02 - BLACKMDN HOMES July 26, 1989 Pagr 3 Density: The City's General Plan designation for this site is >.ow Residential (2-4 dwelling units per acre). On December 19, 1988, the County of San Bernardino approved a tract map consisting of 78 lots. The density of the approved tract map is approximately 3.5 dwelling units Der acre. The County's General Plan designation for this site is RES. 4 (4 dwelling units per acre) and the City's is Low Residential (2-4 dwelling units per acre). Therefore, the designations of the County's and City's General Plans are consistent regarding this site. C. Off-site i ravements: fie applicant will provide street mpl roremen s on oc ester and Highland Avenues. The improvements will be to City standards. Specific improvements by the applicant are identified in Exhibit "C" of the Development Agreement. D. Reimbursements: The applicant may request a credit against requ re ra nage fees and road improvements fees in regards to infrastructure constructtdn that exceeds the demands of the protect. E. Fees: The appllcanL will Pay the usual City fees which will ee-frozen to the current fee schedule for 12 months upon approval of this agreement. F. Special Districts: The Development ggreement will require the part c Di-f afion -in special districts as needed to provide infrestreCtUre for deVll OpnknL, 1nC IUO1 ng a Mlllo-NODS rl re District and a Police Protection District. G. Schools: In regard to school ingacts to the Etiwanda School Qi~fcZ, as required by the District, the appllcanL will be required to Day fees based on the square footage of each residence. In addition, impacts on Lhe Chaffey School District aro discussed 1n the Environmental Assessment section of this report. H. Parks: As approved by Community Services, the applicant will pay park fees instead of setting aside any land for parks within the development. I. Term: The tens of the agreement x111 be seven (71 years. [V. ENVIRONMENTAL ASSESSMENT: Staff has completed the Initial Study an rev ewe a nv ronmental Checklist, Part tt of the Initial Study, and has found ingacts that could occur but will be mitigated. /~ ~ PLANNING COMMISSION OFF REPORT OA 89-03 a DDA 89-02 - BLACKMON HOMES July 26, 1989 Page 4 One of those impacts identified 1s student enrollment to the Lhaffey School D15tri ct. 1n a letter dated June 14, 1989, Steven Butters, Director of Business Services for the Chaffey School District, recommended two measures to mitigate the potential impact: 1. Blackmon Homes Inc. or designee not being permitted to pull building permits until after state funding for Rancho Cucamonga H1 gh School is secured or; 2. Blackmon Homes Inc. tract pa rtl cipate 1n a Me11o-Roos Community Facilities District or some other funding mechanism to augment development fees. Within the attached Development Agreement of this Staff RepoK, N,r. Butters recommendation of number 2 has been incorporated. (See Section 3M of the Development Agreement.) Mother potential impact, vehtculan d rculatlon, has been addressed and mitigated, through the prdvlsion of acceleration and deceleration lanes and fair share contribution for a traffic signal per the attached County Conditions of Approval and the Development Agreement. Based on the above findings, staff recommends issuance of a Negative Declaration under the California Environmental Quality Act. V. FACTS FOR FIlU1NG5: In! t011ow1ng rlneing5 may oe maae Dy the ann nPT-i~is~on for Development Agreement 89-03 and Development Districts Aaendaent 89-02. A. The Intended land use is compatible with the surrounding land uses in terms of circulation and intensity of use. e. The project will not have any adverse environmental impacts that cannot be mitigated. C. The project 1s 1n conformance with the goals and objectives of the General Plan. YI. CORRESPONDENCE: This item has been advertised as a publlt hearing .n~'ie a Ty-Tteport newsDaDer, the property posted, and noticas sent to a proper y owners within 300 feet of the project site. ~~~ PLIWNI NG CDMMISSION , .OFF REPORT DA 89-03 b DDA 89-02 - BlAIXMON HDMES July 26, 1989 Page 5 YII. RECOIMENDATIDN: Staff recommends that the Planning Commission a o3~pf~ii attached Resolutions recomendi ng approval of Development D1strict Amendment 89-D2 and Devel apment Agreement 89-03 t0 the City Council. Respectfully ~omltted, '~ `4 t/~~''~~f~Yi~ Brad Buller City Planner BB:JG:sp Attachments: Exhibit "A" - Ylcinlty Nap Exhibit "B" - Site Map Exhibit "C" - Tract Map Resolution Recommending Approval of DDA 89-02 Resolution Recommending Approval of DA 89-03 (including the Development Agreement 89-03) /~`~ el opened the public hearing. Al We it is ral Partner, stated he agreed with the staf ort and was available to a questions. 1 Hearing no further t ny, the public hearing wa; ed. Commissioner Ch it Sea state geared to be, ystraight-forward division and she supported the proJec t. Chairman McNi el asked if the par area was appropriately divided in relation to the huildirg s. Ms. Kroll responded that t ark ing relate the buildings appropriately and Standard Condition 5 ided for reciproca ss. Motion: Moved by tie a, seconded by Weinberger, opt the Resolution approving Envir ntal Assessment and Parcel Map 1250 tion carried 6y the followin e: AYES: OMMISS[ONERS: CHITIEA, MCNIEL, WEINBERGER NOES/ COMMISSIONERS: NONE .+..« 0. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 89-02 - BLACKMON HOMES INC. - A request to pre-zone approximately 25 acres of vacant an ocate at the northeast corner of Highland and Rochester Avenues to a density of Low Residential (2-4 dwelling units per acre) - APN: 225-152-O1, 02, 03, 04, 6 18. (Continued from June 28, 1989.) E. ENVIRONMENTAL ASSESSMENT ANO DEVELOPMENT AGREEMENT 89-03 - BLACKMON HOMES. INC. - A request to approve a Development Agreement for approximately 25 acres, consisting of 78 lots at approximately 3.2 dwelling units per acre, located on the northeast corner of Highland and Rochester Avenues - APN: 225-152-01, 02, 03, 04, b 18. (Continued from June 28, 1989.) Jeff Gravel, Assistant Planner, presented the staff report and suggested minor wording changes in paragraph 7 of the Development Agreement regarding ind emn ific at is n. He stated the charges had been requested by the City nr to rney. Chairman Mc Niel opened the public hearing. Jeff Blackmon, applicant, requested that the number of side-on garages be reduced from the 50% mentioned to the Architec Wral and Design Guidelines. He Planning Commission Minutes ( -3- July 26, 1989 l ~ stated that because of the slopes, too much of the rear yards would be consumed by side-on garages. He suggested staggering the garages and setting some back on the lots to provide a varied look. He felt the project should emulate the Vint ~e Caryn pro,l ect, which has all front-entry garages. Chairman Mc Niel stated the requirerrent had been included to avoid the look of perpetual garage doors found in some standand tracts. He felt that the 50% requirement should be left in the .Agreement. He stated the policy had been adopted after the Caryn Development Pg reement and he did not wish to make any charges to the number. Mr. Blackmon asked if any charge could be made in the future if it is found that the m~rrber does not vrork. Commis sinner Ch it iea stated there was already latitude for reduction in 5% increments down to 20% by submitting additional floor plans. Ralph Hanson, Deputy City Attorney, suggested that the wording be charged from "Developer should consider..." to "Developer shall provide..." Pat Thomas, 10575 Ring, Rancho Cucamonga, stated that students would be going to Eti walla High, which was already impacted, all she asked when homes would be built. Chairman Mc Ntel stated that he did not know and indicated tii at the school issue and school construction schedule is a state matter. Hearing r;o further testimony, the public hearing was closed. Brad Buller, City Planner, stated that the Architectural and Design Guidelines were modeled after the Etiwanda Specific Plan. He stated the developer could provide a smaller percentage of side-on garages by proof di ng additional floor plans. He said the Development Agreement would not allow the developer to request a Variance on Lhis matter, but would require Planning Commission and City Council approval far a modification to the Oevelopee nt A9 reeme nt. Comniss inner Ch it iea felt a lot of flex ibi llty was already built into the guidelines. Chairman Mc Niel agreed the wording should be charged to "shall provide." Commissioner Ch it tea stated the City wanted to provide better neighborhoods by moving forward from Caryn, instead of emllating it. She supported the Development District Amendment and the Development Agreement with the "shall p rcvid e" wo rd ing. Motion: Moved by Ch it fe a, seconded by Weinberger, to adopt the Resolutions recommending approval of Environmental Assessment and Development District Amendment 89-02 and Environmental Assessment and Development Agreement 89-03 with modifications to correct the wording of paragraph 7 regarding indemnification and to charge the wording of the Architectural and Design Guidelines to "shall provide." Motion carried by the following vote: Planning Commission Minutes /~~4- July 26, 1989 AYES: COMMISSIONERS: CHITIEA, MC NI EL, WEINBERGER NOES: COMAI SSION ER S: NONE ABSENT: COMMISSIONERS: BLAK ESLEY, TO LSTOY -carried * * M * * rovloing a alsc ~ocxey, nve entertalnment, one eanclrg ln- h a restaurant use, located at 8034 Haven Rvenue - APN: 1077-661- Tom Gra ss istant Planner, presented the staff report. Chairman Mc opened the public hearing. Phyillis Hyde, for of Operations, requested that the b e allowed to be larger than f ec au se she stated they here con sf derl av ing strolling bands for wedd irg tf ons and felt those holding ban may wish to have larger hands. She sted condition 8 be removed t low for use of the patio by strolling ba She also requested that tion 6 be changed to permit access to the from either a main for door or from the restaurant. Mr. Grahn stated that staff wa apposed t owing access to the bar from any main bui ld irg entrance, the ly wa the rear exit to be used only far fire ezit. Hearing no further testimony, the publ aring was closed. Dan Coleman. Principal Planner, ted Commission had in the past supported use of entertainment a pat to a. He to It the use cou le he controlled by the use of 4he Te ary Use Per pplication process. Chairman McNtel stated staff d not appear to ha concern with the second entrance to the bar from patio area and he felt aximum four-piece band might not always be appr iate. Commfssioner Chi t to ~ nturred that it would be ac cepta Le allow larger bands. She stat a liked the ambience of patio misic wondered what would happen if r restaurants wished to use the patio. Brad Buller .~ ty Planner, felt it might be appropr late to re t written consent fr d,joining tenants in conJunction with a Temporary Use it. He felt if y condition were Included in this Entertainment Permit, 1 ld be imp'emGr ~., Dart cf the Dcli cy for future Temporary Use Permits the centep~ i Co sinner Chitiea felt entertainment at Margo's Beathfront Cafe would Planning Commission Minutes -6- July 26, 1989 /~ 7 ORDINANCE N0. ~oO AN ORDINANCE OF THE CITY COU NL IL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 89-02, PRE-ZONING APPROXIMATELY 25 ACRES Of VACANT LAND TO LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITES PER ACRE) LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AV ENIIES AND MAKE F'I ND INGS IN SUPPORT THEREOF - APN 225-152-01, 02, 03, 04, and 18. A. Recitals (i) On July 26, 1989, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Development District Amendment Pre-Zone. Following the conclusion of said public hearing the Planning Commission recommended that the City Council adopt Development District finendment No 89-02. (ii) On August 16, 1989, the City Council of Lhe City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing prior to its adoption of this ordinance. (iii) R11 legal prerequisites prior to the adoption of thfs Ordinance have occurred. B. Ordinance The City Council of the City of Rancho Cucamonga ordains as follows: ,. rb:. r..nnna f....n h.. ~ ~: i:ne and Node 4Fah ail ni hba fa roe set forth-in the Recitals, Part A, Hof the Ordinance are true and correct. Section 2: This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, and further, this Cou nc it hereby issues a Negative Declara Lion. Section 3: The Rancho Cucamonga City Council finds as a. 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. The proposed district change would not have significant adverse impacts on the environment nor the surrounding properties; and l~ LITY COUNCIL ORDINANCE N0. DDA 89-02, DA 89-03, EA & AA 89-03 - BLACKMDN HOMES August 16, 1989 Page 2 The proposed amendment is in conformance with the General Plan. Section 4: The City Council of the City of Rancho Cucamonga hereby approves Development District Amendment 69-02 Pre-Zoning the district designation Low Density Residential (2-4 Dwelling Units per acre) for those properties located at the northeast corner of Highland and Rochester Avenues. Section 5: The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published within fifteen (151 days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. /d~ ORD INMCE N0. ~}(/~ AN ORO INANCE OF THE C[TY COUNCIL OF THE CITY GF RANCHO CUCAMONGA, CALIFORNIA, APPROVING OEV EL OPMENT AGREEMENT 89-03 FOR APPRO%IMATELY 25 ACRES OF VACANT LAND LOCA7E0 AT THE NORTHEAST CORNER DF H[G HL ANO AND ROf.HFS TFR AVENUES ANO MAKING FINOI NGS IN SUPPORT THEREOF - APN 225-152-01, 02, 03, 04, and 18. A. Recitals (i) California Government Code Section 56864 now provides, in pertinent part, as follows: "The Legislature find and declares that: (a) The lack of certainty in the approval of Development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the pu hl ic. (b) Assurance to the applicant fora Development project that upon approval of the project, the applicant may proceed with the project in naa wi lh vi elan nl: „tn ..A _ ..1 .~: _ .A .J.: conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of Development". (ii) California Government Code Section 56865 provides, in pertinent part, as fo it ows: "Any city may enter into a Development Agreement with any person having a legal or equitable interest in real property for the Development of such property as provided in this article . (iii) California Government Code Section 56865.2 provides, in part, as follows: w iiavainivnent anrnnmant chaii cne~iFv rhn dnra+inn ni rnn Agreement, the pe nni tted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provision for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent Development of the land for the uses and to the density of intensity of Development set forth in the Agreement . /~~ CITY COUNCIL ORDINANCE N0. DDA 89-02, DA 89-03, EA 8 AA 89-03 - BLAC KMON HOMES August I6, 1989 Page 2 (iv) "Attached to this ordinance, marked as Exhibit "1" and incorporated herein by this reference, is proposed Development Agreement 89-03 concerning that property located at the southwest corner of Highland and Rochester Avenues, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, that Agreement attached hereto as Exhibit "1" is referred to as the Development Agreement". (v) - -; eot wi'h .~ - Drdina nce app rcv my chi Oeve op~~e nt Agreement, theyV City Council has Lado pt ed an Ordinance approving Development Oistr ict Amendment 89-02 for the purpose of pre-zoning the property to Low Oe ns ity Residential (2-4d well ing units per acre). (vi) On July 26, 1969, the Planning Comniss ion of the City of P,a nc ho Cucamonga held a duly noticed public hearing concerning the application and concluded said hearing on that date and recommended approval. (vii) On August 16, 1989, the City Cau nc it of the City of Rancho Cucaimnga held a duly noticed public hearing concerning the application. (viii) All legal prerequisites prior to the adoption of to is Ordinance have occurred. B. Ordinance NOW, THEP,E FO RE, the City Council of the City of Rancho Cu to mnnga does hereby ordain as follows: I. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. In conjunction with this De velo pmer~t Agreement, an Environmental Assessment, in conformity with the requirements of the California Environmental Quality Act, has been prepared. The Conmission has determined that this project would not have a significant adverse effect on the environment, and hereby adopts a finding of no significant impact on the environment and issues a Negative Oec la ra Lion. 3. Based upon substantial evidence presented during the above referenced public hearings on July 26, 1989 and August 16, 1989, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as foilows~ (a) The subject property is suitable for the uses permitted in the proposed Development District in terms of access, size, and comps ti hility with existing land use in the surrounding area; and (h) The proposed Development District pre-zone would not have significant adverse impacts on the environment, nor the surrounding properties; and I C[TY COUNCIL ORDINANCE N0. DOA 89-02, DA 89-03, EA E AA 89-03 - BLAC KMON HGMES August 16, 1989 Page 3 (c) The proposed Development District Pre-Zone is in conformance with the General Plan. 4. This Council specifically finds that: (a) The location design, and proposed uses set forth in this Development Agreement are compatible with the character of existing Gev el opment in the vitinity. (b) The Development Agreement conforms to the General Plan of the Ci±y of Rancho Cucamonga. 5. It is ezpre ssly found that the public necessity, general welfare, and goad zoning practice require the approval of the Development Agreement. 6. ih is Council approves the Development Agreement attached hereto as Exhibit "1". 7. The Mayor shall sign this Ord in ante and the City Clerk shall cause the same to be pu bushed within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the city of Rancho Cucamon aa, California. `A_l/ ' i~ RECORDING REQUESTED BY A!0 NNEN RECORDED MAIL T0: Debra J. Adams City Clerk City of Ranchc Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 OEeELOp1E1R A6REElEMT THIS AGREEMENT is made and entered into as of the thirty-first day following final adoption of the ordinance approving it (hereinafter, the "Effective Date") by and between the CITY OF RANCHO CUCANONGA, a municipal corporation ("City" hereinafter) and Homestead Land Development (hereinafter referred to as "Developer"). NITNESSETH: A. Recitals. (il Cailforrla Government Code Section 65864 provides as follows: "The Legislature finds and declares that; "(a) The lack of certainty 1n the approval of development projects can result in a waste of resources, escalate the cost of housing aM other development to the consumer, and dluourege investment in and coawltment to comprehensive planning which would make mexlmur efficient utilization of resources at the least economic cost to the public. -1- /3.3 ext~r •y (OIIDNANCE APMIWNfi DCVELOPAENT ApgEEiEN'f "(b) Assurance to the applicant for a development protect that upon approval of the project, the applicant may proceed with the project in accordance wiih existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) California Government Code Section 65865 provides in pertinent part as follows: "Any city, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided 1n this article. ." (1111 Caltfornia Government Code Section 65865.2 provides as follows: "A development agreement shall specify the duration of uw oy,ern,en v, u,e yerni «eu mea ui uw yruyeriq, uw uenaiiq or intensity of use, the maximum height and s/ze of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary action, provided that such con dltlons, terms, rcstrlcttons, and requirements for subsequent discretionary actions shall not prevent development of land for the uses and to Lhe density or intensity of development set forth 1n the agreement. The agreement may provide That construction shall be coamenced within a specified time and that the project or any phase thereof be completed within a specified time." /3~{ _- (tv) _ Developer owns fee title in and to that real property consisting of approximately 25 acres in the unincorporated arcs of San Bernardino Caunty now proposed far annexation to City. Said property is legally described in the legal description Exhibit "A" attached hereto and hereinafter is referred to as "the Site". (vl City's General Plan Designation for the Site 1s Low Density Residential (two to four dwelling units per acrel. Developer and C1 ty desire Lo provide through this Development Agreement speei fic development criteria to be applicable to the site upon its annexation to City which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. lull This Agreement is entered into pursuant to the provisions of Article 2.5 of Chapter 4, Title 7 of the California Government Code commencing with Section 65864 thereof. (v1t) City has detenelned that the use and intensity of use provided in this Development Agreement is consistent with the General Plan. Iv H1\ ae .~ ns 1An nt wn...u1w N~1• Mow..w.1 N~•. A. undertaken, pursuant to the CaU fornta Environmental Quality kt ("CEQA"l, the required analysts of the environmental effects which would be caused by the agreement and adopted a resolution docueenting compi9ance with CEQA. (ix) As further consideration for the assurances provided by this Agreement to Developer that Developer will not be prevented from developing the Property, City has requested that Developer provide, and is willing to provide, certain addltlonal sums and agreements to construct and transfer to the puD11c certain addltlonal improvements. B. regiment. NOM, THEREFORE, the parties hereto agree as follows: /35 _,. 1. Zoning/Pre-Zoning Designations. The parties hereby agree that City's zoning and premni ng designation for the Site hereby is deemed to 6e Low Residential (U District sub,lect to the specific terms and provisions hereof which shad supersede conflicting standards and requirements of the Low Residential (L) District so long as this agreement is 1n full force and effect. 2. Tenn of the Agreement. The terse of the Agreement shall camaence on the effective date and shall expire an December 31, 1997, so long as Development remains fn material caapllance with this Agreement, as from time to time amended. 3. Standards and Conditions. The following development standards and conditions shalt govern the development of the Site during the tern hereof, subiett to the provisions of paragraph L herelnabove: A. City shall allow the Site to be developed to a density of, not greater than, the Tract Map (TT 13835, approved Dy San Bernardino County, December 19, 1988. Development of the trect shell be in confonaance with the /~I ~~~ ~Y.w J.-J- -i ~L- -IJ /1\ - y ..-u~~uu~uu v~ u~.• w.. ~\c.,. YG11ti Vi \~/ ViJYi 11r 1r VI Oi IINYIIICU V~ UI! County Conditions of Approval. D. If required by City as a condition of development of the Site or any portion or portions thereof, Developer shall consent to the application of the Mello-Roos Fac111t/es kt of 1982, the Minlcipal Improvement kt of 1911, the Muntdpai Improvement kt of 1913, the Improvement Bond kL of 1915, the Landscaping and Lighting act of 1972, and arty and all other avallaDle proceedings to provide for public conduit financing for the construction of public improveaents required as a condition to development of the Site or any portlorl or portions thereof. 13~¢ C. In lieu of the dedication of land located within the Site, Developer shall pay City's park fees required due to the residential development of the Site. Said park fees shall 6e calculated in accordance with standards in effect at the time any such fees are due and owing or subject to subparagraph 0. Said park fees shall be Day ab le for a lot contained within a final tract prior to the City release of utilities for occupancy of that lot for residential use. D. Subject to subparagraphs 2.E and F here inbelow, Developer shall pay any and all City fees required as a result of development of the Site, or any portion or porticos thereof, at rates current at the time payable, inc lading , but not limited to, be aitif ication fees, park fees, systems development fees, building permit fees, and plan check fees. Not withstanding the fo regol ng, the current fee sc he Bile attached as Exhibit "D" shall be in effect for the period of twelve (12) months from the approval date of City Council of this Development P.g reement and thereafter all fees shall be based on the fee schedule in effect at that time. E. No drainage fees are required. Regional drainage would be as conditioned by the County with any drainage lines needed being installed by the Developer. F. Developer may request and City shall extend to Developer credit against required systems development fees an ly to the extent of Developer's direct canstru ction costs incurred in constructing oversized facilities (i .e., fact llties sized to service areas located ou tstde of the site) which are not located within the Site, or abutting the Site. Prior to recordation, the Developer shall cantritw to his fair share toward the future s ig nalization of Highland Avenue at Rochester Avenue. His fair share is estimated as E14,400.00 based on a traffic report submitted by the Developer's ?r affi^_ E^,g i,^,eer. See Page ? of *. he Cou rty Conditions of Approval. -5- ~~ G. Developer shall consent to the creation of an assessment distrlcL or dlstrlcts to provide for the Construction and maintenance of any and all lighting and landscaping within pubN c rights-of-way within the Site or abutting the Site pursuant to the Landscaping and Lighting Pct of 1972 or, if applicable, Developer shall consent to an annexation or annexations of the Site or any portion or portions thereof to an existing assessment district formulated under said Act for that purpose. H. If required by Ctty as a condition of development of the Site or any portion or portions thereof, Developer shall consent to the application of the Me11o-Roos Facilities Act of 1982 thereto, or Developer contribution of equivalent funds, to Construct regional drainage facilities. I. Development of the tract shall 6e in conformance with the requirements of the City Development Code Exhibit "E' Architectural and Design Guidelines, and the County Conditions of Approval and shall proceed through the standard City design review process. J. Developer shalt provide each prospective buyer written notice of the potential Fourth Street Rock Crusher pro,lect to a standard an.n..• ac Ao~e,,,,1 n~A by ~h• N!y Dlann~n nrl n. in arranN nn a A~nneit nn anv property. K. Developer shalt provide strceL improvements as set forth in Exhibit "C° Supplement to County Conditions of Approval for Tract 13835 regarding street improvements of Rochester Avenue and Highland Avenue. L. Developer shall consent to the annexation to the Community Facilities District 88-2 in order to provide for continuous law enforcement services for the pro,leet. M. As deterwlned by the affected school dlstrlcts, in regards to school student population Impacts, the applicant shall consent to, ar participate in, the establishment of a Mello-Roos Conasunity Fae111t1es District pertaining to the pro,{ect site to provide 1n cor~unetlon with the /3~ -6. applicable School District for the constriction and maintenance of necessary school facillt/es prior to the recordation of the final map or the issuance of building permits, whichever comes first. However, if any School District has previously establtshed such a Community Facilities District, the applicant shall, in the alternative, consent to the annexation of the protect site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits, whichever comes first. Further, it the affected School District has not formed a Mello- Roos Conmunity Facilities District wt thin twelve months of the date of approval of the protect and prior to the recordation of the final map or issuance of building permits for said protect, this condition shall be deemed null and void. N. Developer will provide each buyer with a detailed disclosure statement of all taxes and assessments on the property, Satd disclosure statement shall first be approved by the City Planner. 0. Developer shalt comply to all Conditions of Approval set forth December 19, 1988 Dy the San Bernardino County Board of Supervisors for r..~l 17A75 !v•• rvh/hlf ^A•1 4. Applicability of City Ordinances. Except as expressly modified herein, all substantive and procedural rcqulrements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, its Development Code, building code, electrical code, fire code and plumbing code, as amended, shall apply to the development of the site pursuant to this Development Agreement. Further, any temp or phrases contained herein for which there are definitions provided in City's said Development Code shall be deemed to 6e utlltzed 1n accordance with those ~•. / ~ ~ .1,,,,,. l~g~- 5. RelattonshlD of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to he the agent of City for any purpose whatsoever. 6. General Conditions. The parties further ?gree as fol laws: A. Except as expressly set forth 1n this Agreement, no representations of any kind or character have been made to one another Dy any of the parties hereto or by any of the parties' agents, representatives, associates or attorneys with respect to each sub,iect to which this Agreement relates. B. This Agreement contains the entire agreement of the parties with respect to each sublett to which it relates. C. This Agreement can only be amended in writing, which writing must first be executed Dy all 09 the parties hereto. D. No provision of this Agreement may be waived, except in wnc~~g, wmcn wnnng must oe execuua oy ai i or me parties nereu. E. The parties hereto each agree that they shall execute and deliver to the other, upon request so to do, any and all documents reasonable and necessary to accomplish or evidence the agreements contained in or contemplated by this Agreement. F. in the event that any party should default 1n one or more of its obligations provided 1n or contemplated by this Agreement, the defaulting party shall pay to the other all expenses incurred 1n connection with efforts to enforce such obligation, including reasonable attorneys' fees and costs, whether or noL salt be commxnced. ~`~°_a G. This Agreement, ail other docueents and agreements provided in or contemplated hereby, and all rights and obligations arising therefrom shall be binding upon and Insure to the benefit of the parties hereto and their respective hel rs, representatl vas, successors and assigns. 7. Indeimtfication. Developer agrees to, and shall, hold City and its elected officials, officers, agents and employees harmless from liability for damage or claims for damage for personal in~urles, including death, and claims for property damage which may arise from construction operations of Developer or those of his contractor, subcontractor, agent, employee or other person acting on h15 behalf which relate to the construction and operation of the Pro,lect, excluding claims made from inluries or damages ta, or occurring on, public property. Developer agrees to, and shall, defend City and its elected officials, officers, agents and employees with respect to acLlons for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Protect, excluding claims made from in,lurles or damages to, or occurring on, public property. This hold harwless provision applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred t0 to this Development Agreement regardless of whether or not the City preparod, supplied or approved the plans, specifications or other documents Tor the Project. 8. Assignment. Developer shall have the right to sell, mortgage, hypothecate, assign or transfer all or any portion of this Stte (as may be subsequently subdivided), to any person or entity at arty time during the term of this Development Agreement. My such transfer shall be deemed to include an assigrwent of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Site. The assumption of any or all of the obligations of Developer under this Agreement pursuant to any such transfer shall relieve Developer, without any aet or concurrence by the Ctty, of tts legal duty to perform those obligations except to the extent that Developer 1s in default with respect to any and all obligations at the time of the proposed transfer. 1 `~ ( -g- 9. haendoents. This Pgreement may be amended or canceled, to whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Sections 65868 et seq. 10. Minor Amendments to Development Plan. Upon the written application of Developer, minor modifications and changes to the Development Plan may be approved by the City Planner pursuant to the terms of Section 17.02.070A ("Ml nor Revisions--Admintstrattve") of City's Development Code and substantial changes to the site may be approved by the Planning Conwission pursuant to the terms of Section 17.06.010 (Design/Development Review). 11. Enforcement. In the event of a default under the provisions of this Agreement by Developer, Ctty shall give written notice to Developer (or its successor) by registered or certlfted mall addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satlsfactlon of City within sixty (60) days after such rrotlce is given, or if not corrected within such reasonable time as mey be required to cure the breach or default if said breach or default cannot be cured within sixty (60) days (provided that acts to cure the breach or default must be commenced within said sixty (60) days and must thereafter be diligently pursued by ueveioperi, Coen viiy may, wiiooui iurvmer notice, declare a oeiauii unuer this Agreement and, upon any such declaration of default, City may bring any action necessary to speclflcally enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any vloiatton by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. 12. Event of Default. Developer 1s in default under this Agreement upon the happening of one or more of the following events or conditions: /~~ 10- a. If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; b. if a finding and determination is made by City following an annual review pursuant to paragraph 14 herei nbel ow, upon the basis of substantial evidence, that Developer has not complied in good faith with any material tends and conditions of this Agreement, after notl ce and opportunl ty to cure as described in paragraph 11 heretnabove; or c. A breach by Developer of arty of the provisions or terms of this Agreement, after notice and opportunity to cure as provided 1n paragraph 11 herelnabove. 13. No Maher of Remedies. City does not waive arty claim of defect in performance by Developer if on periodic review City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations hereto tontained would be unprofitable, difficult or expensive or because of a failure of any third party or enGl Cy, Vffler i:nan 41 :y. nit outer ,ew.eUl ea oi. inw ui iii ryui t~ which are not othen+ise provided for in this Agreement are available to the parties to pursue 1n the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of arty other subsequent breach thereof or default hereunder. 14. Mnua1 Review. During the Lane of this Development Agreement, City shall annually review the extent of good faith compliance by Developer with the terns of this Development Agreement. Developer shall file an anrmal report with City indicating information regarding compliance with the terms of this Oevelopment Agreement no later than July 15 of each calendar year. I~-li- If as a result of such annum review, City finds and detereines, on the basis of substantial evidence, that Developer has not complied in good faith with any of the terms of conditions of this Agreement, City may terminate this Agreement. 15. Covenants Run with the Land. All of the provisions, terns, covenants and obligations contained 1n this Agreement shall be Dindtng upon the parties and their respective heirs, successors (Dy merger, consolidation, or otherwise) and assigns, devisees, adeinistrators, representatives, lessees, and all other persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of law or in any manner whatsoever and shall Inure Lo the benefit of the Darties and their respective heirs, successors (by merger, consolidation or othenlse) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law. FeM covenant to do or refrain from doing same act on the Property hereunder (A) 1s for the benefit of and 1s a burden upon every portion of Property, (8) runs with such lands and (C) is binding upon each party and each successive owner during fts awnersMp of such properties or any portion thereof, and each person having any interest therein derived in any manner through any owner of such lands, or arp portion thereof, and shall benefit each party and Its lands hereunder, and each other person succeeding to an interest 1n such lands. NotwlthsWnding any of the foregoing or in this Agreement to the contrary, any assignee or transferee or mortgagee which acquires any right or interest in or with respect to the Property or any portion thereof shall take and hold sucA rights and interests sub,iect to this Agreement and shall not have been deemed to have assumed the Developer's obligations or the other affirmative duties and obligations of Developer hereunder except: (1) to the extent that any o1 such assignees, transferees or mortgages have expressly assumed any of the duties or oDllgstions of Developer hereunder; ~~~ -12- (111 if any such assignee, transferee or mortgage accepts, holds, or attempts to exercise or en,ioy the rights or interests of Developer hereunder, it shall have assumed the obligations of Developer; and (iii) to the extent that the performance of any duty or obligation 6y Developer is a condi tton to the performance of a covenant by Devei ope r, it sh ail continue to be a condition to Developer's performance hereunder. 16. Mortgage R^otection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, including the lien of any mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage made in good faith and for value and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a mortgage (whether under or pursuant to a mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise), shall be subject to all of the terms and conditions contained in this Agreement. No mortgagee shall have an obligation or duty under this Agreement to perform Developer's affirmative ._,-.., n~_ ni nev el n~u hewe~_eAe. .. •n a--, •n~e. $IIL!' a.in..wanne• .,, e~• that to the extent that any covenant to be performed is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's perfornmnce hereunder. Each mortgagee shall have the right (but not the obligation) for a period of ninety (90) days after the receipt of such notice from City to cure or remedy, the claim of default or noncompliance set forth 1n the City's notice. If the default is of a nature which can only be remedied or cured by such mortgagee upon obtalning possession, such mortgagee shall seek to obtain possession xiLh diligence and cantfnuity through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or noncaagllance within thirty (30) days after obtalning possession. [T any such default or noncompliance cannot, with diligence, be remedied or cured wt thin such thirty (30) day period, then such mortgagee shall have such additional time as may be /~ ~ -13- reasonably necessary to remedy or cure such default or noncaapliance if such mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 17. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mall, return receipt requested, at the address of the respective Darttes as specified Dell or at any other such address as may be later specified by the parties hereto. To Developer: Homestead Land Development 23470 Olivewood Plaza Drive, Suite 240 wrcno Palley, California 92388 Attn: Stephen L. Helnsohn To City: City of Rancho Cucamonga 9320 Rase line Road, Suite C P.O. Bax 807 Rancho Cucamonga, California 91729 Attn: Jack Lam, City Manager ib. necoraing. in accoraance wiai r.anrorn~a sovernment coca section 65868.5, a certified copy of this Agreement shall De recorded with the Recorder of San Bernardino County, California, tammdiately upon this Agreement becoming effective. IN WITNESS NHEREOF, the parties have executed and entered into this Agreement as of the effective date of the ordinance approving this Agreement. /~ -14- cin of BANCHO cucANDNBA Dated: Dated: Gated: By yor By y er OWNER: HOMESTEAD UIID DEVELOPMENT By I ~ 715_ r ,. IACAr. IfalY'Y M4MaTTCY tnaIYTRCT y nuanro __IJy LOCKYYOOD EN8INEERINB cuy of 'Rancho Gucamonp (Affected A{ency)on 3/13/89 8 SURYEYINB COMPANY, INC. /gl,rs,,,, R„e,. ~~,,,,,,,~~ ~ ,.,,, ~ 1VSU Roo~g g01~ ANN®(ATION I.RGAL D&SCRIFTION RIa110. hNha,W af77e oaaml/110M aµ ae 9101 LEGAL DESCAIPfION A31 that portion of the Nut 1/2 of the But 1/2 of the Southuat 1/4 of Section 30, i. 1 N. R. 6 N, S.B.H. 6 N. being more particularly described as Eo ]love: Beginning ac the Northeast corner of the South 1/2 of the South :/2 of the Northuat 1/4 of the Southust 1/b of as id Section 30; Thence S 89.33'09" E elan{ the North lino of said South !/2, Sovth 1/2,Northus[ 1/6, Sauthuse 1/6 a diatacne of 660.00 fu[; Thence S 0.02'02" N a distance of ]29.87 tut to the South lino of aald Norehuat 1/4, Southuat 1/4 Section 30; Thence S 89.35' 21" E along the acid line a dlatance of 2.91 Eaet to the Nor[hwt corner of tM West 1/2, SouihwL 1/4, Southeast 1/4 of said Sect Son 30; Thuee S 0.04'02" N along the acid East line o! cha Nest 1/2, Southuat 1/4, Southuat I/4 of Section 30 a dlatance of 1393.68 fu[ to the South line of said Section 70 being the uistin{ Rancho Cucamonga city limit lino; Thence N 89.76'09" N along the acid South line • dlatance of 662.15 feet to the Southwst corner of said South ust L/4, Southuat 1/6, Section J01 Thence N 0. 02'02" E alone the acid Nut line aftha Eaat 1/2, Southwt l/6 Section 30 a dlatance of 1649.55 fat to the true point of begining 1~ C~~~ ~~ J ~ i j-a9 Na. 9IOl E,a ^JbN TT i3Gr7S e ~ T .A. LAND MANAGEMENT DEPARTMENT cmaREawo~o 3!a North AnowMAe Avmu• Sm Orrwd4w, CA 92A1l-01l0 171{1 ]t7AYW t January 20, 1999 Expires: December 19, 1991 ?etL @lackmon Lockwood Enq ineerinq s Blackmon Homes Surveying co., Znc. P.O. Box 5269 P.0. Box 796 Riverside, CA 92517 Rialto, CA 92776 RE: 745WVL880042510C01 W199-62 745WVL88004251TT01 TR 17973 Dear Sirs: COUNTY Of SAN EEPNAPOINO ENymONMENTAL PUEIIC WORD! AGENCY JOHN N. JAOUlEa L+M Mmpenmt O"Ktor Gfi1CE GP PLANNING SMron W Nigntawm County Plmnmq GK~d1 OFFICE OF lURVEVOR Clau"a D. Tomlinam, L. s. CaumY 3urvgw OfFICE OF BULL DING AND SAFET uny L. Scnoaltoof. P E. County luOAinq Olficiq This will advise you that after completion of the environmental review process, and due eoneideration thereof, the above-referenced project was conditionally approved by the County Hoard of Super- visors at its meeting o! December 19, 1988. Said pzoj act was found to ba in compliance with County policies and regulations and was approved subject to the conditions as set forth on attached pages 1 of 15 through, 13 0! 13. In accordance with the San Bernardino County Development Code, Section 84.0205(1), all raquirsmenta specified on the attached ..~....~. .a..n ~_ .~ ., ~a.r- -a. of this lettar,~or -the Canditionel~ Approval~is void. ~oney(1) extension o! time not to exceed three (7) years may be granted. A written request must be eubmitkad, with the appropriate fee, to the Public Intormation Counter at the address above, prior to the date of expiration. PLEASE NOTE: This will be the only notice given for the above apacilled expiration date. Tha applicant is respona ibla fox Snitiat inq •xtanalon requests. Sincerely, EPWA/LAND MANAGENENT DEPARTMENT O FFICE~OF PLANNIANG '' `~~. l~ TERRI RAHNAL, Aasaciate Planner west Valley Planning Taam cc: Surveyor/Land Dev. Division cc: County Spacial Districts Environmaneal Health Svcs. County Fire Warden Building and Sataty / / County Sherilf TR: rb / /~ ANNEXATION AR3REEMENT EXHIBIT "8• BLACRMON HtlMES PAGE 1 OF i6 SUB/87-110/W119-62/TR 17975 Conditions of Approval 12-19-88 1. A11 lots shall have a minimum area of 7,200 square feat, a minimum depth of one hundred (100) feet and a minimum width of 60 feat, (70 2aet on corner lots). Zn addition, each lot on a cul-de-sac or on a curved street where the side lot lines thereof are diverging Lrom the front to rear o! the lot, shall have a width of not less than sixty (60) feat measured at the building setback line as delineated on the composite 3evelopmert plan. 2. where lots occur on the bulb of a cul-de-sac, a minimum lot depth of ninety (90) feet will ba permitted. If the proposed depth is less than ninety (90) Pent, a plot plan must be submitted to demonstrate that a buildable Sot area is possible and to justify the leaner depth. 7. Roads within this development shall be entered into the County Maintained Road Systsm. a. Tha water purveyor shall b• Cucamonga County water District. 5. Sewage disposal shall be by connection to Cucamonga County Water District. THE FOLLONINO CONDITZONB BRALL BE NET PRIOR TO RECORDATION 08 THE FINAL MAPS OFFICE O£ BUILDLNG AND SAFETY 6. A preliminary soil report, complying with the provisions c! Ordinance 2915 shall b• tiled with and approved by the euildinq Official prior to recordation o! the final map. 7. A geology report, prepared by a Licenses geologist, shall be filed with and approved by the Building Otlicial prior to recordation. A deposit to cover the coats of the review shall b• submitted with the report. An additional deposit may b• required or a refund Issued when the costa do not match the deposit. The review coats shell be paid in full prior to recordation o! the tlnnl map. APARTMENT OF ENVIRONMENTAL HEAL H SERVICES o. T'ne foiiowinq are the steps that must be completed to meet the requirements for installation and/or finance of the on-site/oft-site water system and/or aewez syatsm: ~ NON-STANDARD CONDITION(S) •~ENVIRONMENTAL MITIGATIVE MEASURES (~O BLACiCMON HOMES PAGE 2 OF li SU2/87-110/W119-62/TR 17874 Conditions of Approval 12-i9-88 Where the system is to be installed prior to recordation: Tha water system, fire hydrants, and/or sewer system shall b• installed in aceordanc• with requirements of the State Health and Safety Coda, and in accordance with plane approved by the water and/or sawerinq utility and the governing Lir• protection authority. The plans shall be rnviawed by a Civil Engineer,registnrnd in the State o! California, and contain required cartif icates and approval signatures. It is the developer's responsi- bil'ty to Submit to the OFFICE OF SURVEYOR. LAND DEVELOPMENT SECTION, a copy of the approved plan and a signed statement from the utility of jurisdiction confirming that the improvement has been installed and accepted. e. where a bond is to be posted in lieu oL installation of the improvement; 1. Th• domestic water plan and/or sewer plan which meats th• requirements of th• Stat• Health and Safety Code shall be reviewed by a Civii Engineer, registered in the State of California, and approved by the water or sewerinq utility and the governing fire protection authority. Th• plans shall contain th• required certificates and approval signatures. A copy of the approved plan shall be submitted t0 the OFFICE OF SVRVEYOR, LAND DEVELOP- MENT SECTION. ~. auiu anyinwr ehaii aeurmine trio amount of bond necessary to install the improvements. This amount plus ten percent shall be pooled with the County o! San Bernardino. A statement signed by th• engineer stating that the amount of bond recommended is adequate to cover th• cost of installation of the improvemene shall b• included with the astimat• and submitted tO the OFFICE OP SURVEYOR. LAND DEVELOPMENT SECTION. b. or, in cases whore th• water agency or sewerinq agency is a goveztuaental subdivision, the bond in the amount of 120 percent of the cost of installation of the improvement may be placed with the agency. A signed statement from that agency stating that financial * NON-STANDARD CONDITION(S) **ENVIAONMENTAL HITIGATZVE MEASURES r~l 9LACI4HON HOMES PAGE 1 OF ! 3 SUH/87-110/WI19-62/TR 17805 Conditions of Approval 12-19-SB arrangements have been completed shall he submitted to the OFFICE OF SVRVEYOR. LAND DEVELOPMENT DIVISION. Prior to release of the bond for the improvement, the utility oP jurisdiction shall submit a signed statement confirming that the improvement has been installed and meets the requirements of all app ropriat• Stat• and County laws pertaining to such improvement. is the davelcpar's rssponsi- bility that such signed statement is filed with the OFFICE OF SUP.VEYOR. LAND DEVELOPMENT SECTION. ++9. An acoustical study shall be performed to assess noise levels at th• development and shall be reviewed and approved by the Department of Enviromm~ntal Health services prior to recordation. Prior to issuance of building permits a report stating that the recommended mitigation measures have bean implemented shall 6e submitted to th• Department o! Environ- mental Health services. COUtlTY FTRE AGENCY l0. The development and each phase thereof shall have two points of vehicular access for Lira and other emergency equipment, and for routes o! escape which will safely handle evacuations as required in the Dnvelopment Cada. 11. water systems designed to mast the required fire flow of •Ai~ Awl n..w.~..• el..ll 1... _ .-w .... r..- v~-- vs-_.-- _~ ..y-•...I. developer shall furnish the Fire Agency with two copies of the water system improvement plans for signature and a latter from the Water Purveyor stating the availability of the required Pire flow prior eo recordation. Water systems shall ba operat lonel and approved by the Fira Agency or bonded for prior to recordation. Prior to any above grade construction occurring, water for Pira protection shall he operational and approved by the Fira Agency. 12. six (6") inch mains shall b• required. +10. Du• to the project being in high hazard terrain, hydrants must be spaced at 400 toot intervals. ^i4. Due tc the project being in high hazard terrain, the fire Elow shall ba a minimum of 1500 gallana per minute. NOTE: Hydrant spacing may be incraaeed and lira flow reduced, * NON-STANDARD CONDITION(S) +•ENVIRONMENTAL MITIGATIVE MEASURES ' ~~ sLACi(MON HOMES PAGE 4 OF 15 SUB/87-110/W119-62/TA 13835 Conditions of Approval 12-19-88 should' the developnr decide to install automatic Eire sprinklers in all the residences. ««15. Developer shall commence, participate in and consummate, or cause to b® commenced, participated in, or consummated, a Me11o-Roos Community Facilities District foi Foothill Fire 2rotection District, to finance a fire station to serve the development, including land facilities, equipment and ooerations and maintenance. The station shall be located, designed and built to all sp ecitications of the Foothill Fire Protection District, and shall become the District's property upon completion. The equipment shall be selected by the District in accordance with its nasda. In any bu ildi rq of the station, Developer shall comply with all applicable laws and requlationa. The CFD shall be farmed by District and Developer by the time of recordation of the final map. OFFZCE OF SURVEYOR TnND D~VF LO PM£NT/DRS INAG ~ TION 16. Flowage easements or San Bernardino County Drainage Eassmenta shall be obtained where diversion or concentration o! runoff from the sits or drainage lacilitiss dswatera onto private property. 17. Adequate rolls shall be provided on the entrance roads to the site at Rcchsetsr to minimize the poseibillty o! street flow entering the sits, 1a. Adequate proviaiona shall he made to intercept and conduct the oft-sits tributary drainage llow around or through the site in a manner which will not adversely affect adiacent or downstream properties. 19. Adequate San Bernardino County Drainage Easements (minimum 15 feet wide) shall be provided over the natural drainage courses and/or drainage tacllitiee. The easements shall be designed to contain the lOa-year lrequency storm Clow plus bulking and freeboard per County Standard Criteria. 20. in addition to the Drainage Requirements stated herein, other "on-site"oz "oft-site" improvements may be required which cannot be determined lrom tentative plans at this time °^d would have td be reviewed aeter more complete improvement plans and protile^ have been submitted to this office. • NON-STANDARD CDNDITION(Sa •*ENVIAONMENTAL MITIGATYVE MEASURES I ~~ BLACICMON HOMES PAGE 5 OF ii SUB/8~-110/W119-62/TR 13835 conditions of Approval 12-19-SB *20a. Added oy 8.0.5. 12-i9-BB *21 *22. The developer's enginner shall obtain or provide the necessary engineering information to torwar3 to FEMA in crdar to have the site removed from the flood plain. This information shall consist of c=Dies of the plans of tlood facilities now under construction, and the hydrologic/hydraulic calculations put into the format acceptable to FEMA (Hec 1, 2). *23. The applicant shall contribute his fair share to the Day Crank Channnl Project. Tha amount shall be determined by the Fiood Control District, based on acreage. *23a. Th• tract ahall not b• released for occu anc until Phes• dried by B.O.S. o ay Cze• C anne s comp • • an opera ono . 2-I~~S-88 OFFICE OF SURVEYOR TnND DEVELOPMENT/ROADS 9FCTION '- ~ wj.+r ` i:uik uiy bow ~aau~ nltnii b• designed and constructed to Valley Roed Standards and West valley Fcothills Community Plan standards o! San Barnardinc County, and to the policies end requirements of the County Transportation and Flood Control Department in accordance with the Master Plan of Highways. 25. Any grading within the road right-ol-way prior to the signing of the improvement plans shall be accomplished under the dlzection of a Soils Tasting Engineer. compseeion tests of embankment construction, trench backlill, and all subgradas shall he performed at no cost to San Bernardino county and a written report shell be submitted to the Contracts Division of the Transportation and Flood Control Department, prior to any placement of base materials and/or paving. 2s. Final plans and profiles shall indicate the location of any existing utility facility which would attect construction. * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASURES I~~ Approval shall be obtained from the San Bernardino County FLeod Control District that the site is adequately protected from the 100-year design storm in accordance with Federal Emergency Management Aqe rcy (FEMA3 regulaticns ar.d tY.a County Development Code. 6IdCXMOtt HOMES ?AGE 6 OF 15 SUB/87-110/W119-62/TR 13835 Conditions o! Approval 12-19-BB 27. Slope rights shall be dedicated on the final tract map where necessary. 26. A thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer, shall be submitted to the Transportation and Flood Control Department. 29. Existing County roads which will require reconstruction shall remain open for traffic at all times, with adequate detours, during actual construction. A cash deposit shall ba wade to cover the cost of grading and caving prior to recorda- tion of the tract map. L'pon completion of the grading and paving to the satisfaction of the Transportation and Flood Control Department, the cash deposit may be refunded. 3D. Vehicular access rights shall be dedicated on Highland Avenue, Future State Highway 70, Rochester Avenue, Vintage Drive, and along the rear o! double frontage lots. *31, Future State Highway 3o right. of way, including any interchanges or grads separations, shall ba reserved along the project Lrontage and shown on the map as per the Cal Trans letter of August 18, 1988. 32. All road names shall be coordinated with the County Transpor- taticn and Flood Control Department, Traflic Division. 37. Road improvement plans for Highland Avenue-State Highway 30 shall be submitted to th. cra«. n.... ~«....,« ..• m -re: crcrtatio:; by a registered civil engineer. 34. Dedication shall be granted on Highland Avenue-State Highway 30 as necessary to concur with the Master Plan of Highways. This dedication Ss to be coordinated with the State Depaztment of Transportation. ]5. An approved type wall or barrier shall be required along the rear of double troneage lots, and shall be constructed outside of public right-oi-way. ]6. AL1 required road and drainage improvements shall be bonded in accordance with the County Development Code, unless constructed and approved prior to recordation ai the Final t;an. ]7. Turn grounds at dead end streets shall be Ln accordance with the raquirementa of the County Transportation and Flood ~ t70N-STANDARD CONDITION(S) ••ENVIRONMENTAL MITIGATIVE MEASURES ' ~~ BLACKMON HOMES PAGE 7 OF 13 SIIB/a7-110/W119-62/TR 138]5 Conditions of Approval 12-19-88 Control' Department, and the Forestry and Fire Warden Depart- ment. 7a. Existing utility poles shall be shown on the improvement plans and relocated as necassa ry without cast to the County. 39. The developer shall make a good faith effort to acquire the required oft-site property inY.erests and if ha or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as County acquires the property interests required for the improvamants. Such agreement shall provide for payment by developer of all costs incurred by county to acquire the ottsite property interests required in connection with the subdivision. Sacur ity for a portion oP these costs shall be in the form of a cash dapoait in the amount given in an appraisal report obtained by developer, at davelnper's cost. Tha appraiser shall have been approved by County prior to commencement of the appraisal. 40. Right-of-way and improvements (including oft-site) to transition tratlic and drainage ]lows from proposed to existing, shall ba required as naceasary. 41. Trees, irrigation syatsms, landscaping required to be installed on public right o! way within thin tract area shall be maintained by other than the County Transporta- tion/Flood Control Department, and shall be ae specified in rnnn«v m_r ~_.. o....-«.«~- --y---.----.., .°-J J.'. Cv:.tlvi awn uunrae LOr Gres planting. Maintenance procedures acceptable to Transporta- tion/Flood Control Departmwnt shall b• instituted prior to recordation. *i42. Prior to recordation, the applicant shall contribute his fair share toward the future aignalization o! Highland Avanu• at Rochester Avenue. Hia Lair share is estimated as 514,400.00 based an a Tratlic Report submitted by the applicant's Traffic Engineer. OFFICE OF P rnIING 43. Commitment shall be obtained, in writing, trom the sewerinq agency. Said commitment shall indicate that the agency hss the capacity to furnish sewer service to the subject project, and that all necessary arrangements have been made with the agency to supply such services. A copy of khe commitment shall be tiled with the Otflce of Planning. + NON-STANDARD CONDITION(S) "ENVIRONMENTAL MITIGATIVE MEASiJRES I~~ BLACKMON HOMES PAGE 8 OF 15 SDB/H7-110/W119-fit/TR 17873 conditions o! Approval 12-19-BB 44. Developer shall provide for street lighting within the tract as tollowa: A. Low intensity, energy-etf icient street lights at all intersections; B. Install underground conduit with a pull cord (tor future installation o! additional lights) through the tract; C. Deposit monies with the Special Districts Department to cover all installation and connection charges for additional straeC lights per adopted county policy regarding light pol• spacing and location. D. Prior to recordation, the tract shall b• annexed to the appropriate district to provide street light maintenance. 45. Subdivider shall present evidence to the County Surveyor's Office that he has triad to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries. , a6. Easements o! record not shown on the tentative map shall br relinquished or relocated. Lots affected by proposed easements or easements of record which cannot be ralinquiahad or relocated, shall be radeeigned. 47. The tollowinq building setback lima shall be delineated on the composite development plan: A. A variable front yard building setback line of at least 22 feet and averaging at least 25 fact. B. A side yard building setback line of at least 15 feat adjacent to side streets on corner Iota. 48. Four (a) copies of a Landscaping Plan shall 6e submitted for office o! P1altnlnq review and approval. Said Landscape Plan shall include the tollowinq: A. The required slope planting. Slope planting shall be required for the surface of all cut alopea more than flue (S) fact in height and till slopes more than throe (~) fact in height. 9sid alopea shall be protected agalflet damage by erosion by piahting with gzass or ground cover plants. Slapea ezceedinq lStteen (15) teat in vertical height shall also be planted with ahruba, spaced at not to exceed tan (10) tact on centerai or • NON-STANDARD CONDITION(S) ~~ENVIROl7MENTAL MITIGATIVE MEASURES 1~7 3LACiQQON HOMES PAGE 9 O: 19 SL'B/87-110/W119-E2/TR 17875 Conditions of Approval 12-19-BB t Yea s; spaced at not to exceed twenty (20) Eeet on centers; or a combination of shrubs and trees as cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. Trees 10} 15 gal.; a0} 5 gal.; SOt 1 gal. Shrubs 20} 5 gal.; 80} 1 gal.; Groundcover 100} coverage. H. The required street trees. C. All required walls. All decorative walls shall be designed and constructed to incorporate design features such as tree plantar wells, variable setback, split block face, columns, or other such features to provide visual and physical relief along the wall face. 0. Any existing trees to remain on site. Any existing eucalyptus trees to b• retained shall b• topped to thirty (30) feet, trimmed along the lower fifteen (15) feet, and cleared of all dead leaves and branches. 6 'F/, .evised by 8.0.5. o in ao ~E. a9. sour (4) copies of an irrigation plan shall be submitted for office o! Planning review and approval when slope planting is required. Slopes required to be planted shall b• provided with an approved system o! irrigation, designed to cover all portions of the elope. A functional feet o! the system may 6e required. The maintenance o! graded elopes and landscaped areas shall b• the responsibility of the developer until the a NON-STANDARD CONDITION(S) *•ENVIRONMENTAL NZTIGATIVE NEASURE9 «8 BDACXMON HOMES PAGE 10 OF li SUH/87-110/W119-62/TR 17875 Conditions oL Approval 12-19-BB transfer to individual ownership or until the maintenance is of Licially assumed by a County service Area. All irriga- tion systems, where required, shall ba designed on an individual lot basis unless commonly maintained in an approved manner. 50. A minimum number of one (1) inch caliper/19 gallon, multi-branched trees shall be planted on the lot adjacent to the ~traet right-of-way for each of the following types of lots: A. Cul-de-sae lot - 1 tree; B. Interior lot - 2 trees; c. corner lot - 7 trees. The variety of tree to be provided is subject to County approval and to be maintained by the property owner. dded by B. 2-19-BB cec oy B =19-89 ded by B -19-08 ~51~ 9ed by B.O.S. - 3-BS ~ NON-STANDARD CONDITION(S) k•ENVIAONMENTAL MITIGATIVE MEASURES 51. All landscaping and irrigation shown on the approved landscape and irrigation plena and all required walls shall ba completed or suitable bonds posted Lor their completion. BhACHMON HOMES PAGE 11 OF :; SUB/87-110/W119-62/TR 13875 Conditions at Approval 12-19-BB PEAHIT9 BHALL NOT BE I88QED ONTIL THE FOLLOWING CONDZTIONB HAVE BEEN NET: pcsZC. OF UZ DIN- AND SAF TY 52. For oroj ncts where grading is to be done, grading plans era to ba submitted to and approved by the Office of Building a rd Safety. 53. obtain a demolition permit Lor any building to ha demolished. Underground stru ctvres must *_e brken i,-„ back-iiiied and inspected betore covering. 54. Submit plans and obtain building permits for any required Wd119. 55. An erosion and sediment control plan shall be submitted for review and approval by the 8u ildinq Official prior to any land disturbance between octobar 15th and April 15th. 56. A tree removal plan, permit and preconstruction inspection in compliance with the County's pleat protected and management ordinance shall b• approved prior to any land disturbance and/or removal o! any protected trees or pianta. COUNTY FIRE AGENCY •57. All roofing materials used in this project shall be of a non-combustib.l• material. Trented materials of a temporary nature will not be accepted. OFFICE OF SURVEYOR rsN~~npMENT/DR~TNAGE cv~rON *5H. A permit shall be obtained from the City of Rancho Cucamonga for work necessary within the city streets, such as storm drain connections. OFFICE OF SURVEYOR AND D V *~P NT/ROAD CTION 59. An encroachment permit, ar authorized clearance, shall ba obtained troy the County Transportation and Flaad Control Department prior to lesuanc• of a grading permit by the Ottice of euildinq and Satety. 60. An encroachment permit shall b• required from th• State Department at Transportation prior to any construction within state right-of-way. * NON-STANDARD CONDITION (S) *•ENVIRONMENTAL MITIGATIVE MEASURES I ~ O ID2,ACHMON HOMES PAGE 12 OF 15 SUB/a7-110/W119-62/TR 13835 conditions of Approval 12-19-88 +61. Projects subj act to a building permit shall have all required on and oit-sit• improvements, required for each phase, completed and approv •d prior to final impaction of any buildings or structures. The term "phase" as used here shall mean the following: "Th• block of building permits drawn on less than th• whole project" or "A plan of building construction which indicates blocks of construction o! less than the whole prof act". In each phase, the installation of any on or off-site improvements shall be sufficiently completed so as to assure protection from storm or drainage run of i, a sate and drivaabl• access for Lira and safety, and the ordinary and intended use of the buildings or structures. The Building Oiticial, with the concurrence of the Of lice of the Surveyor, may approve any plan or approve a change to an approved plan, which complies with the intent of this policy. OFFICE OF PLANNING +62. Prior to issuance of building permits the developer shall provide certification from the appropriate school district as required by Calltornia Government Code Section S]080 (b) that any Lee, chergo, dedication or other loan or requiroaent levied by the governing board of the district pursuant to Government Code Section 53080(a) has been satisfied. 63. A final grading plan shall be required. Said grading plan shall be submitted to the Ottice of Building and Salety for review and approval. All on-site cut and 1111 elopes shall: a. n• limicea to a maximum slope ratio of 2 to 1 and a maximum vertical height o! thirty (1 O) tact. Setbacks from top and bottom of slopes shall be a minimum of one-hall the elope height. B. Be contour-graded to blend with existing natural contours. C. B• a part of the downhill lot when within or between individual lots. X64. Recommended maximum helghta !or manufactured slope bunko era 1!.sted below. Vortical height shall b• the measurement b atween the elevation of the toe and top of the slope inciuai+lg retaining walla. Tha natural alcpe for grading purposes shall be determined on a parcel by parcel basis, using the high end low elevation oP the area to b• graded. Maximum heights shall not be exceeded unless grading can b• ~ NON-STANDARD CONDITION(S) ~~ENVIAONMENTAL MITIGATIVE MEASURES /~1 HLACI(MON HOMES PAGE 17 OF 13 SUH/H7-110/W119-62/TR 17875 Conditions of Approval 12-19-8H significantly reduced by increased height. Alternative daaigns that would reduce slope heights are preferred. Any bank exceeding twenty-five (28) feet, regardless oL length, shall have variable gradients. The maximum slope height where the natural terrain is ten (lo!) percent or lase, is tan (10) feet. Tha maximum slope height where the natural terrain is greater than ten (lOt) percent tut less than or equal to fifteen (15i) percent, is littaen (13) feet. The maximum slope height where the natural terrain exceeds fifteen (13t) percent, is thirty (30) teat. +65. During construction, measures shell b• taken to control runoff from construction sites. Filter fabric !antes, heavy plastic earth covers, gravel berms or lines of straw bales are a few of the techniques which should be considered. +~66. Grading shall b• phased so that prompt revagetaticn or construction can control erosion. Where possible, only those areas which will later be resurfaced, landscaped or built on should b• disturbed. Reeurlacinq of parking lots and roadwnys should take place as soon as practicable, not at the completion of construction. 67. A copy of the final grading plan, approved by Building and Sa tety, shall be submitted to the Otlice of Planning when graded cut donee exceed tiv. ~a) ...r i.. *__+~.t _; ,, till slopes exceed three (3) feet in height. 9tl3JECT PROPERTY 9RALL NOT BB OCCDPIED tlNTZL THE 80 LLOgIN0 CONDITIONS H71VE HLEN METS COUNTY FZRE AGENCY 68. Address numerals shall b• a minimum of tour inches in height on a contrsetinq background, and shall be visible from the street. During the hours o! darkness they shall be internally illuminated. (Standard No. 122). 69. Each chimney used in conjunction with any fireplace or any heating applisnee in which solid or liquid fuel is used shall be maintained with an approved 3'rarX arraatar as identified in the Uniform Fire Coda (Standard Number 111). • NON-STANDARD CONDITION(S) *~ENVIRONMENTAL HITZGATIVE MEASURES I lLJ t7" BLACKMON HOMES PAGE 16 OF 15 SUB/H7-110/W119-62/TR 17875 Conditions of Approval 12-19-88 Revised by B.O.S. 12-14-RB ievised by '.0.5. 2-19-SB evised by .O. S. 2-19-88 OFFICE OF SURVEYOR LAND DEVELOPMENT/ROADS SECTION rimc//,~zv~+rv~~-v~/AN~pvvnhAa~/»e +Y71/// ,~na/// /~ 73. All required road and drainage improvements shall b• inatallad prior to occupancy. OFFICE OP PLANNING 74. Sidewalks aCall be provided throughout the tract, including ail peripheral atreeta. 7s. t;tility lima shall be placed underground in aceordenes With the requirements o! County Ordinance. NON-STANDARD CONDITION(S) ~*ENVIRONMENTAL MITIGATI4L MrE^ASURES / W 9LACKHON HOMES PAGE 15 OF 15 SUB/87-110/W119-6Z/TR 13835 Conditions of Approval 12-19-88 76. All r~quirad landscaping and Walls, a• par the approved landscape plan, shall ba insta llad prior to occupnncy. * NON-ST]WDARD CONDITION(S) **ENVIRONHENTAL tiITIGATIVL lD:AStJRES W Exhibit "C" Condi Lions of Approval Street Improvements m Rochester and Highland Avenues A. Rochester Avenue shall be constructed full width from Highland Avenue to the north project boundary. The vertical and horizontal alignment shall conform to the City's approved street plans, including appropriate translttons to align with a meJor arterial on the south side of Highland Avenue. The Developer shell revise the approved plans to Include the east side of Rochester Avenue, to the satisfaction of the City Engineer, prior to Issuance of an encroachment permit. The Developer sMll be retadersed for actual audited costs for constructing those Improvements shorn on the approved street Dlans far Parcel Map 9192 (Sheets 3 and 4 of Drawing No. 1215) from funds on deposit for the ultimate Improvements. B. Highland Avenue shall be constructed full width (44 feet of pavement) for the entlro length of the project frontage arM for k2 feet west of tM centerline of the lntersaetlon of Highland and Rochester Avenues with approDrlate transitions to tM existing pavement beyond those points. TM Developer will M glram a rei~ursemmrt agreeammt to recover tM cost of constructing the full width permanent street improvements from future development as it occurs on the south side of Highland Avenue. C. Interim right turn deceleration and acceleration lanes for westbound traffic shall be constructed on the north side of Highland Avenue, with translttons to meet tM permanent pavement at both ends, 1n conrormence with then viry's approved pions. TM ueveioper shalt w reisbursed far actual audited coats for constructing those improvements shown on tM approved street plans for Parcel Msp 9192 (Sheet 17 of Drawing No. 1215) from funds on deposit for the ultimate improvements. 1~5 S{IP/lElt11T TO COMITY CCNIDIT1011! OP APPROYAI ANNEXATION 89-03 EXN~IT •C' CITY OF RANCHO CUCA310NGA c+c+va~ ,J •~ ~~ '^ COMMUNITY DEVELOPMENT DEPMTMENT FEES =~~ ~ i '> 19%' I The following fee schedule is in effect for the Butl ding and Safely, Engineering and Planning O1vl stops of the Community Development Oe partment. Please address any questions you may have about specific fees [o the Oe partment in which the fees are collected, fees are listed within the Oe pa rtment headl ng re sponslhle for the fee and the key code listed below will indicate at what point the fee should he paid. (1) Upon submittal for review or application (2) At time o h permit issuance (3) Pr1or to approval of final map (4) At time of plan check submittal Plannin Dtriston Feea_ 1 entat re ap u 1LLa1 Tract Map (1) 1nS ttai Study Part ! (1) Extension of Tentative Tract Map (!) Planning Developunt 0.erier Feea Design/Technical Review (Com'1 8 Ind) Minor Development Rwtew ~4es. Oev. Design/Technical Review Condl ti opal Use Permit Specific Plan/Planned Community Envi ran. Assessment (Initial Study Pt.l) Sign Permit (Individual Sign Review) Uni fop S1gn Program Review (t ) Assend~eiits/Variances Oev. D1strlct Amendment (Zone Change) General Plan Mendmant var!ance ,Minor Exception (1) Other Penlts and Deposits temporary Use Temporary Model Sales O/flce Sates Of/ice Cash Deposit On-site Suhdivl si on Sign Caih iempd vary Construction Office '~~ Deposit f649 ~ S32/Lot or actual cost plus 20t, whichever is greater 5177 E62 E251 f62 f1 ,272 f798 (1,251 E87 f72 f93 5649 • f72/acre f1,212 52;2 f62 f-0- f72 (2,500 f628 5126 ANNEXATION 89.03 EXHIBIT "D" ;1) ADpeals "Appeal df a 0l rec tpr (Staff Decision) S62 IAOpeai 01 a Planning Commission Oeci Sian E126 /Appeal of a Tract Map 5251 •Ap peal if filed through City Planner's Office Appeal is t+1 ed througn City Clerk's Office En~i neerin Otv~i lion Fees en'-~~ to t7 ve ~p3u6~~tal Parcel Map $207 Initial Study, Part [ S87 A eve rt Subdivided land to Acreage S62 + 51.25/acre ;1) Appeals MPa rcel Map 3125 (Appeal is filed through City Clerk's Office ;1) Extension of Tentative Nap Parcel nap f62 ( U Certificate of Caaglianca For: lot Line AdJusOaent f186 Pa real Map Naiver 5186 Mergers f186 ;:) Street Vautlon Ragwst f125 ,~i Wr~ii.{i,\•LI VII in rely f2 \4~0 + f50/Lpt (Cash Deposit, Aefurtdable) !1) Nap Checking Fees Residential Parcel Maps Tract Maps and Ron-Residential Ma PS of 10 lots or lass Tract and Parcel Naps aver 10 lots f600 + f80/parcel 3905 f755 + f15)lot or parcel (s) I~proraNent plans •• Nidening of Existing Streets Interior Streets: 1-2 Sheets 7.5 Sheets 6-10 Sheets 11 or More f0.60 per tin. ft. + sheet charge for interior streets f600 per sMet f1,200 + f5;5/sheet over 2 Sheris f2,775 + f480/sheet over 5 Sheets f5,17S + f450/Sheet cver t0 Sheets ' "`' 7.2. Storm Drain Plans: Same as for interior streets ayerology Study: Drainage areas uD to 150 acres - 5600 Orai nage areas over 150 acres - 51,200 '1) Landscape Plans: City maintained areas 5310/Sheet ~•FOr Improvement Plans, title sheets will not be included in calculating charges unless, in the City's opinto n, it also serves as a plan-and-profile ;heel. Ma xieuts for rush fobs rill be SOS greaUr than those listed above. Revisions to approved plans/steps rill be cMrged on tM basis of acLUal costs. (2) Public Morks Insp. Fee S.OS of improvement cost to 525,000 4.SS of improvement cost next (75,000 4.OS of improvement cost aver (100,000 Buildin and Safet Division Fees Oui d ng Permit Var es based upon valuation of rtork (4) Plan Check Fee 75S of 8u11d1ng Permit tee (2) Drainage Fee•• General City Area f50 per 1/100th of net acre Eti wa nda Area A 8 8 575 per 1/100th of net acre Assessment District 8 Planned Community No Fee ~<') ~ti eel •uc iiiyiiway 14 Qt OUliding raiuaeion Systems Fee •• 2) Beautification fee •• f0.20 per sq. ft. of gross building area (Reside nttat Only) under roof, or f200, whichever fs greater (2) Electrical Permits Calculated an a square foot Dasis for new residential buildings; on auLlet basis for existing resldenLlal buildings and other buildings. ?) Plumbing 8 Nechanlral Calculated on basis df number and size of Permits fixtures and/or appliances. ••inip fee schedule !s ndt all inc'us.ve -- please check with the Building and Safety Cepartment for specific fees. I (og -,- Coeeaani tr Servltes Deartoenc See attached fee schedule for calculations. School Fees - Contact aDDro Drlate School Di itricts for fee amount and Dayment Alta Loma (714) 981-0766 Central (714) 989-8541 Cucamonga (714) 987-8942 E ti wa nda (714) 899-2451 C ha ffey H1gh Sc heal Otstrict (714) 988-8511 Ut111t Fees Contact aDProprta to Utility Company, (i.e., gas, electric, water, etc. for fee amount and payment. A list of utility companies and telephone numbers is provided by the Engineering Otvislon. Undergrounding existing overhead utilities (in-11eu fees) - see separate handout when fees are required. Current City adopted unit amounts are as follows on a per foot basis: relepMne - f 75 cable rv - S la Electrical - depending upon when undergrounded as follows: 1988 and before - 5100; 1987 - 5135; 1988 and after - f128 NOTE: Letten of eertifleetioe of uoeettr rill M norlred frees xchool districts and ester districts along ritA proof of peyarnt oT appropriate fees prior to Duiidtng perdt Isswnu. I~ ~ -°- Q N W Y a a _ _ _ 2 O ~ r_ _ C i ~ d N 'M N h M /~ • ~() a N Y1 n y, N ~ U N .(f ~_ C+ ~ C V C i ~ 0 ~ M _ W Z O N ~ r ~ ~ ~ 6 ~ m ry M R ~ ri N N ('1 N a < M Yl f'1 ~o n M ~p N u+ ~ N ~ P N ' LLI H ~ r O~ N (+1 ~O C~ Z J { J n N _ ~ O ~ O 1 ~ a J • .+ w r w w ~ n r u: J 3 . 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Q Q N ... ^.I ~ I i ~I~I^I^I^II -I NI~I -I~I~ I w +~ 1 . a C _ _ ~ y Y ? g i ~ F 173 J N V Y a W W O W i1S O Il! W ~ V J 4 O M YY ~ a ' F ° • z ~ i . '^ V J W .. 3 O ~ x o ~ ^,y N x W ~. J 2 Q J ~ e ~. ~ N ~ Y'1 ~ N I ~O Ip .. H 1~(1 O e 10 n 111 P .. P ~ w N N M M M i r N I 10 e y C C e w F ~ m ~.. N ~ o n N N n e N m a Ic N > u l o > u 1 n ~ ~ ~ ~ ~ N M N i ~ m A 10 m n V m n 10 41 n b m n 1D m ~ > u 9i n n .+ 1'1 I1 __ n n I _, F i l 1' 1 N N N i i In n i ~ n In n ~ Z i S. .. N I1 . ~ e.1 c 1 r l }e l I I I I I I I I w g ~ ~ 3 . ~ ~ I ~~ a• i Vi 0 ¢ u CI N I m I Nli (~ ,~ m v+ 6 § ~. '~ P ~ ~ ~ ^I W ~ I~ M ~I M I O I1 a .. .. ~ e V I ~ ~I ~li ~I ~ I ?I ' II_ '" ~ ° ^ m ~ ~` ~> .. I I^ ^ 1O. o n C7 ~ c ~ n < J ~ i 3 0 ~I o o S S ~, m '~ S ~ ~ . ~ H ~ M N '" o 0 0 ~ '" -. n ~ ~ n 2 J ~ i N N N N N ~ ~ ` ~ ~ ~ ~ ~ N .r ~I ~a~l l el ~l ~ ~ l ~l , l 1 O ' o` 1 N N N Y# y, O O 4 i a , Nl rl M Pf M ~ i ~ 1 _ ~ ~ Q x W ~ a I N ~ i i~ 2 N n ~ ~ O $.9 ~~~~I I I II I ' W w • • r ~ '~ • = P .~ r g ~ ~ ~ ~ 3 ~ a 175 Z N W i ~ ~ ) I ~ . a ~ , I ~ ~ ~ c -I c o~ u N ° ~~ _ Y .- c ,~+ - "- _ ~ ~ ^~ I N _ ~ 1 ~ I ~I ~ ~ ~ hI ~ i i ~ . ~ NI 1~ 3 L _ I I . ; N C u I ` ~ l N i c Hl T JI ~ ~ I - I. ~ I ~ O G C C O C O G O O ' ' O O G O C ~ ' ~ q b I G Q I ~ I I O O S O O ' ° N N N N N ~ O o r'1 T ^ N I'f ~ N ~ Ll p N N N X p O e i i0 N a ~ n M m rn i I I I I I I I ~ N ^ Q ~ C 1 ~ C N w Y 3 ~ •°• '~ ~~ } K W Y Lt 1 TENTATIVE TRACT 13835 ARCNITECNRAL AND DESIBM GUIDELINES EXHIBIT •E' I. ARCHITECTURAL AND DESIGN GUIDELINES A. Intent It is the intent of this article to provide guidelines for the design of structures or elements which reinforce and establish the character of North Etlwanda Foothill Area. It 15 also the intent to assure that new development De designed in a manner that is seositlve to, and compatible with, the character of Nctorta, Caryn, Etlwanda and the Etiwanda Specific P1 an Area. Protects which 1n the opinion of the Design Review Committee do not meet the intent of Lhis article shall not he rccoawended for approval. R. General Guidelines 1. Pro,lect design shall be guided by site-specific factors such as views, mature vegetation, topography, surrounding development, and similar considerations. The use of designs and site plans prepared for another site shall not be permitted unless successfuily modified to local conditions. 2. Architectural and design elements which relate to the existing and desired character of North Etlwanda/Foothills area are best describes as: - rural , rather than urban - lnfoneel, rather than formal - fraditional, rather than contemporary - rustle, rather then pollshad - low profile, rather than nrssive - relating to people, rather than automobiles t?7_ ANI~XATIOH 89-03 EXHIBIT "E' C. Specific Standards 1. Excessive repetition of single family structures with identical floor plans and elevations shall be dl scouraged. Footprints and el eva4l ons shall be discouraged. Footprints and elevations shall be varied per Figure 3-1. FIGGRE 3-1 Number of single family dwellings 5-10 11-20 21-40 al-~o 61-80 81-100 Over 100 Minimum number of footprints* 3 4 5 6 8 1 additional for each 40 dwelling units over 100 Minimum number of elevations per footprint* 2 3 3 4 4 4 4 A reverse footprint of a floor plan will count as an addltlonal footprint. Aside-on entry garage with an elbow driveway will count as an addltlonal footprint. 2. Developer shall provide at least 50Y of all lots be side-on garages. however, a reduction 1n this requirement, 1n Si reduction tnerements, down to a minimw of 20! of all garages wlLhin single family tracts for side-on entries where an additional floor plan per each 5i rcducLlon is provided and 1f approved by the Planning Commission. The intent is to discourage a rosldentlal street fined with garage fronts. 3. Driveways shall not exceed IS feet 1n width through the public parkway frontages on lots less than 75 feet 1n width. On lots 75 feel of greater in width, driveways shall not exceed 24 feet, with a FOOTPRIaR/ELEYATIOfI REpUIRElE1R5 ~'S'( -2 smooth transition provided to the ultimate driveway width within a depth equal to the parkway depth. 4. Two-story strocwres should not be planned far corner parcels, unless sT deyard setbacks of 25 feet or greater are used. However, the Planning Camat ssi on may consider existing one-story portions of Lwo-story structures not exceeding 12 feet maybe alt awed a maximum SS foot street si deyard setback. 5. The pro,lect shall be designed 1n a manner that is not only send Live to, and compatible with the characters of the W ctorla, Caryn and Etiwanda Consunittes, but also reinforces that character through an integrated design and architectural theme, 6. khile no specific architectural style is required, the Integrated theme selected shall reflect the traditional architectural styles found in W ctoria, Caryn and Etiwanda, including but not limited to those listed below. Any one of the following themes may be utilized as dominant theme or they may be interspersed. Both one and Wo story buildings are appropriate to the following categories. a. W ctorian Characteristics: - fieldstone foundations - strap yabla> ~aC ,cafYna - porches and verandas - bay windows - vertical windows - roundheaded windows - clapboard and fasc/a - board and Batton sfding - large roof pro~ectlons b. California Bungalow Characteristics: - hip or gable roof/gently sloping front - porches/verandas, enriched foundations I ~ ~ -} c. California Ranch Characteristics: - law, rambling - rustic, infonrol, front porches/verandas d. Mediterranean Charackri st1 cs - vertical lines, arching windows and entries, red tale roof, - stucco siding e, any other inkgrakd design style which in the opinion of the Design Review Cawitke meets the inknt of this article. 7. Materials, texturex, and• architectural detailing shall be consistent with the design theme. "Stucco stone" products mey De used to creak stone effects, except where river rock occurs, wh/ch shall be native stone. However, if any stone products arc used, same portion of the units shall include native stone. 8. Along malor (collector or above) streets and the street sides of corner tots enhanced masonry shall be provided, see examples on page o. nil oiner fencing witliin the rear and sidq~ards shall be provided at the option of the builder, sublect to City review and approval of the designs and construction. 9, Street side landscaping and irrigation shalt be required prior to occupancy. Said landscape and irrigation improvements shall flat be approved in plan tone by the Design Review Caewittee prior to the Issuance of any building permits. These plans shall contain the following elements: a. Architecturally designed me11 boxes which which color schlm! is conslsknL with Lhe dwelling units provided for each house Dy the builder. See example on page 7, I ~~~- Enhanced driveway and front entry walk treataknts, utilizing decorative pavements and wide walkways. In addition to the standard parlavay trees, at least three 15 gallon trees per house would be planted by the builder no later than occupancy of the hone. also, accent trees of at least 15 gallons in size will be provided 1n numbers sufficient to equal one tree per corner for each intersection within the tracts. This tree planting is to Oe designed 1n a manner to relieve any monotony of the streetscape, perhaps by cluster planting between the homes. d. Irrigated and turfed areas shall be provided for each front and corner street side lot. e. Paseo at the end of the "A" street cul-de-sac shall be Drovided, landscaped and annexed Lo a landscape maintenance 4lstrtct. I ~ I -5- (CRETE CAP 1STERS OCCUR EVERY f0 t0a O.C. 3HT VARIES S'-8'- 6'-6' STONE VENEER CCO WAIL iSH GRADE TUBULAR STEEL FENCE WITH Sl8• PICitETTS ~ S• O.C. •BEIGE COLOR PILASTERS LOCATED AT PROPERTY LWES HEIGHT VARIES FROM 5'6' TO 6'6' .FINIpSH GRADE CURB WHEREI~URFOW OCGURS ADJACENT TO FENCE. VIEW FENCE CONCRETE CAP PILASTERS OCCUR EVERY ea r0 t oa o.c. HEIGHT VARIES FROM 3'6• TO 8'0• BRICK vENEER STUCCO WAIL FINISH GRADE TYPICAL FENCE/WALL TREA`PMENTS 6 AT PRIMARY ALONG PERIMETER ENTRY MONUMENT SITE BOUNDARY 18• 18• c 0 0 i STANDARD RURAL MAILBOXES 2'x5' GRAB SUPPORTS WITH CHAMFERED ENDS S'xS' POST WITH A CHAMFERED TOP ANO ROUTED GROOVE RIVER ROCK BASE FINISH GRADE STANDARD RURAL MAILBOXES 2'xS' GRAB SUPPORTS WITH CHAMFERED ENDS S'z3' POST WITH A CHAMFERED TOP AND ROUTED GROOVE BRICK BASE FINISH GRADE STANDARD RURAL MAILBOXES 2•z5' GRAB SUPPORTS WITH CHAMFERED ENDS S'zS' POST WITH A CHAMFERED TOP AND ROUTED GROOVE STONE 8ASE FINISH GRADE NOTE: EACH ALTERNATIVE IS TYPICAL MAILBOX STAND M3 SUBJECT To ACCEPTANCE I R 2V U.S. POSTAL SERVICE ` v~ TYPICAL MAIL BOX TREATMENTS T TYPICAL MAILBOX STAND N 1 1a• 1s• TYPICAL MAILBOX STAND M2 1e• 1s• RESOLUTION ND. ~' 37.5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREEMENT 89-03 (HDM ESTEAD LAND DEVELOPMENT), FOR DEVELOPMENT AND ANNEXATION OF APPROXIMATELY 25 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES AND MAKING FINOI NGS iN SUPPORT THEREOF - APN 225-152-01, 02, 03, 04, and 18 A. Recitals (i) The owner of the subject property has requested annexation to the City. (ii) The City is pursuing a change of organization (annexation) of the subject property from the unincorporated area of the County of San Bernardino to the City of Rancho Cucamonga. (iii) Attached to this Resolution and incorporated herein by reference is Annexation Agreement 89-03 concerning the subject property located at the northeast corner of Highland and Rochester Avenues, as legally described in Exhibit "A" of Pnnexa tlon Agreement. (iv) On August 16, 1989, the City Council of the City of Rancho Cucamonga held a duly noticed public hearing concerning the proposed Annexation Agreement and concluded said hearing on that date. (v) All the legal prerequisites prior to the adoption of this Resolution have occurred. d. Resolution NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve by as follows: 1. This Lo until hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution are true and correct. 2. In conjunction with this Annexation Agreement, in conformance with the requirements of the California Environmental Quality Act, an environmental assessment has been prepared. The Council has determined that t nit _ niir ar inn wnp id n.nr ha YO a c_i~,n, i,firan,t adyo rco offert nn Oho environment, hereby adopts a finding of no sio, nificant impact on the environment, and hereby issues a Negative Declaration. i~~ CITY CWNCIL RESOLUTION N0. DOA 89-02, DA 89-03, EA E AA 89-03 - BLACKHON HOMES August 16, 1969 Page 2 3. The Council specifically finds that: (a) The annexation conforms to the General Plan of the City of Ra nt ho Cucamonga: and (b) That the public necessity and general welfare require the approval of the Annexation Agreement. 4. The City Council approves the Mnex at ion Agreement attached hereto as Exhibit "I". 18 5 LOCKWOOD ENGINEERING b SURVEYING COMPANY, INC. Jae Wof FoolNll BoWarud Rlalto. GlllOfnia 92J]0 Vn 'nE f 6 WSIYf wE Uf _LO.CAE AC.FNCY EOHl1ATTt1N CnNMiccTnN _ snertsNO _L(1 City of Rancho Cucamonga (Affected Agency)0°]R 3/17/89 (Rlarhmnn Hnmec. ~fplf rant) ANNEXATION LEGAL DESCRIPTION O ESCRIR ION ___ LECAL DESOAIPTIDN v Rce NO 9101 All that portion of the West 1/2 of the East 1/2 of the Southeast 1/4 of Section 30, T. 1 N. R. 6 H, 5.8.8. b M. being more particularly described as follows: Eeg irr.!ng at the Ncrtheest corr.¢r of th¢ 8ccih !/2 cf th¢ South !;? ^f the Northeast I/4 of the Southeast l/4 of said Section 30; Thence S 89.35'09" E along the North line of said South 1/2, South 1/2,Northeast 1/4, Southeast 1/4 a distacne of 660,00 fee[; Thence 5 0°02'02" W a distance of 329.87 feet [o the South line of said Northeast 1/4, Southeast 1/4 Section 70; Thence S 89°35' 21" E along the said line a dlatance of 2.91 fee[ to the Northeast corner of the West 1/2, Southeast 1/4, Southeast 1/4 of said Section 30; Thence S 0°04'02" W along the said East line of the Neat 1/2, Southeast L/4, Southeast 1/4 of Section 30 a distance of 1791.48 feet to the South line of said Section 70 being the existing Rancho Cucamonga city Iim1t line; Thence N 89°36'09" W along the said South line a distance of 662.15 feet to the Southwest corner of said Southeast l/4, Southeast 1/4, Section 30; Thence N 0° 02'02" E along the said Nest line ofihe East 1/2, Southeast 1/4 Section 70 a distance of Ifi49.85 feet [o the true point of beg in ing EXMIBiT "A" ~-7T-s9 rr(~ ~ff~xnrloe ~cr~uENr~ TT i3~JS RECORDING REQUESTED BY AND, WHEN RECORDED, MAIL T0: Debbie Adams City Llerk City of Rancho Cucamonga P.O. Bax 807 Rancho Cucamonga, California 91730 A°N EX Ar,ny ~RErunir THIS RNN EXATI ON AGREEMENT ("Rg reemen t") is entered into to 6e effective on August 16, 1989, between the CITY OF RANCHO CUC P.MONGA, a municipal corporation of the State of California (City), and Homestead Land Development (hereinafter referred to a5 "Owner"). A. Recitals (i) Dwner is the owner and developer of Property presently located in the unincorporated area of San Bernardino County, California, consisting of approximately 26 acres located at the northeast corner of Highland and Rochester Avenues more particularly described in Exhibit "A" hereto and hereinafter referred to as "the Property". (ii) Owner desires to annex the Property to the City if City, prior to annexation, approves that proposed Development Agreement attached hereto as Exhibit "B" ("the Development Agreement" hereinafter). (iii) City has determined that annexation of the Property into the ~iLy wuu iu ve uc ne (it iai Lu i.i iy euu is wn~un en Liy y,uv is iuy edam m~~ea vu Owner of Owner's pe nn ission to develop the Property by entering into a Development Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Initiation of Proceedings. Subject to Paragraph 2 below, City shall initiate and diligently pursue to completion proceedings for annexation of the Property to the City in as expeditious a manner as possible and in accordance with the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et se ., the previously or concurrently herewith adopted a Resolution of App ica ti on to Annex and promptly shall submit the proposal for annexation of the Property to the City to the Local Agency Formation Commission of San Bernardino County ("LAFCO"). City agrees to comply with all reasonable and normal conditions icy u2 iti fGi du'u'it iG ndi in fG rmd ti uii died docu me iita i~rip used by LAFC^u iii connection with the annexation proposal. City agrees to negotiate in good faith with the County of San Bernardino ("County") as to the real property tax exchange between the City and the County to the end that such exchange is agreed upon at the earliest possible time. After LAFCO has made its order of determinations with respect to the annexation proposal, and provided that City has approved the Development Agreement as provided in Paragraph 2 below, City shall complete the annexation proceedings. 2. Completion of Annexation Proceedings. Notwithstanding the provisions of Paragraph 1 above, City shall not adopt a resolution ordering the annexation of the Property Co the City, nor authorize the Clerk of Lhe ty tra-s- a cer ied opy ^f 'h resolut for pur su an to the Cortcsc- Knox Act to the~Exec uti vie Officer of ,LAFCD until the City's ~Lity Council has approved the Deve la pment Agreement. 3, Environmental P.eview. In ton nett ion with approval of the Development Agreement, City shall undertake all necessary and appropriate review and evaluation of the potential environmental impacts thereof and the development of the Property in accordance therewith on a timely basis and in conformity with all legal requirements, and shall 6e the "lead agency" for purposes of the California Environmental Quality Act. 4, No tires. Any notice to either party shall 6e in writing and given b,y delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, or Express Maii, with postage prepaid, to the party's mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the following: City: City of Rancho rucamon ga 9320 Base Line Road nmi~iiu LIll O111V 11 ya, LA iii 3u Attn: Jack !am Owner: Homestead Land Development 2347D 0l iv ewood Plaza Dr Suite 240 Moreno Valley, CA 92388 Attn: Stephen L. He inso hn Either party may change its mailing address at any time by giving written notice of such change 4o the other party in the manner provided herein at least ten (10) days prior to the date such change is affected. All notices under this Agreement shall be deemed given, received, made or commu of toted on the date personal delivery is affected, or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 5. Attorney's fees. if legal action is brought by either party against the other for breach of this Agreement, or to compel perfo nuance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. 5. Negation of Partnership. The parties specifically acknowledge Lhat the development of the property is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Rgreement. None of the terms or provisions of this Agreement shall be deemed tq create a partnership between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. This Agreement is not intended nor shall it be net ~e ea he mte YAinA an ty 6e nefa:any n ~Fhs ~ ~ De..S ~n WFe ~S not a party, unless expressly otherwise provided. 7. Sev erab it ity. Invalidation of any of the provisions contained in this Agreement, or of the application hereof to any Person, by judgment or court order shall in no way affect any other prov is igns hereof or the application thereof to any other Person or circumstances and the same shall remain in full force and effect, unless enforcement of this Agreement as so inv at id aced would be unreasonable or grossly inequitable under all the c ircums to ores or would frustrate the purposes of this Agreement. 8, Exhibits. All Exhibits to which reference i<_ made herein, are deemed incorporated into this Agreement in their entirety be reference thereto. 9. Entire Agreement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto, 10. Construction of A9 reement. The provisigns of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or ago in 5t any party and consistent with the provisions hereof, in order to achieve the objectives and purpose of the parties hereunder. The captions preceding the text of each article, section, subsection and the Table of Contents hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. 11. Further Assurances: Covenant to Si qn Documents. Each party covenants, on he half of itself and its successors, heirs and assigns, to take 'll ~~~ ~ th'ny^S and t0 ~ ~~~^ wiYh ^~d ^vwl 2d ycii2n cr affidavit lif urequ fired, any ands all documents and wri tin gs, that may 6e necessary or proper to achieve the purposes and objectives of this Agreement. 12. G~overn~in L~a w. This Agreement, and the rights and oblige tians of the parties, shall he governed Dy and interpreted in accordance with the laws of the State of California. 13. Counterparts. This Agreement may be executed °n any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute on instrument. The parties have executed this Agreement as of the day and year first written above. C by nr pAryrun rOrAMON6 P., a Herres lead land never opment municipal corporation of 23470 Ol ivewood Plaza Drive the State of California Suite 240 Moreno Valley, CA. 92388 By: By: Mayor BY: City Clerk "Owner" Approved as Lo Form: By: City Attorney "City" CITY OF RANCHO CUCAMONGA STAFF REPORT ,~ DATE: August 16, 1989 T0: Mayor and Members of the City Council FRDM: Brad Buller, City Planner BY: Steven Ross, Assistant Planner SUBJECT: APPEAL OF ENVIRONMENTAL ASSESSMENT AND CONO ITIONAL USE PERMIT UNIVERSAL ARCADE - An appeal of the Planning Commission 's approval of a request to establish an arcade in a leased space of 850 square feet within an existing conmerc ial center on 1.26 ac r25 of land in the General Commercial District, located at the southwest corner of Arrow Route and Malven Avenue - APN: 209-041 -51. I. RECOMMENDATION: Staff rec onmends that the City Council continue this item until September 6, 1489 as requested by the appellants. [I. BACKGROUND: The neighboring property owners, Jeff and Janice bb~have appealed the Planning Commission's decision to approve Ca nditional Use Permit 89-19 for the Universal Arcade. The appellants were not in town when notice was mailed to their re>iu en~c ui niimi Li~c wnen iaaimi vyyi v~cJ Permit for the arcade. The appellants are requesting Atha tit he City Council decay any action on the appeal until September 6, 1989 so that they can attend the hearing due to a prior commitment out of town (see Exhibit "C"). Another resident who expressed concern about the approval of the arcade was Judy Matthews. Mrs. Matthews owns Droperty adjacent 40 the Abbott's, but lives in Porn na. She supports the appeal and has requested that the Council uphold Lhe appeal by denying the Conditional Use Permit request. The applicants, Terrence Batiste and Michael Earl, do not agree with the appellant's request that this item be heard on September 5th and have requested that the City Council hear this appeal at Lice ii AugJit loth ineetiiig due tG vueir iiL, cap iig iir~m~~m~ burden (see Exhibit "B"). III. ANALYSIS: A. General: Applicants propose to operate an arcade within an existing comnerc cal center. The proposed use calls for 20 video games CITY COUNCIL STAFF REPORT RE: CUP 89-19 APPEAL August 16, 1989 Page 2 to 6e operated with tokens within an 850 square foot leased space. The primary issues related to the establishment of an arcade are supervision, safety, and compatibility with surrounding uses. In their letter appealing the Planning Commission's approval (see Exhibit "A"), Mr. and Mrs. Abbott stated that they were concerned that the arcade would promote loitering, as well as become a target for drug dealing. B. Supervision: The Conditional Use Permit was approved with several conditions addressing supervision, including that persons under 18 years of age would not be allowed in the arcade during school hours unless accompanied by a parent or guardian, with the exception of sunnier break, and that two (2) adults, 21 years of age or older, including one (l) supervisor, shall he present at all times during business hours. This was a concern voiced by both the Central School District and the Cucamonga School District !see Exhibit "C"). The Cucamonga Elementary School is located less than one-half mile from the site, and two other schools are located less than two miles away. Both school districts are in support of the permit provided that these conditions are enforced. L. Sa fety; The Rancho Cucamonga Sheriff's Department was contacted reyaiu my viii wa iLm. iiiey ~i.a ieu LimL Liwie i .. iy.. ti and loitering at arcades in the past, but athesec can be controlled by increasing adult supervision and not allowing kids to loiter around the premises. The department also suggested Lhat a uniformed security guard be present. The Planning Conmiss ion felt that adequate supervision would be provided if two adults (one being a supervisor) over 21 years of age were present. D, nci qh ho rhaod Compatibility: The conditions imposed by the Planning Conenission's Resolution of Approval for the arcade require the applicants to meet all of the conditions listed before their arcade can operate. These conditions are imposed to address neighborhood Wiiipdiibil icy iviii e'ini Wit ape'd` `h2 ariad c" (icc Exhibit "H", Pesolution 89-93). It~l should ybe noted that similar Conditions of Approval were placed on several other arcades within the community. In conclusion, before the City Council this evening is a request of the appellant to hear this item on September 6th and a request of the arcade I 1 CITY COUNCIL STAFF REPD RT RE: CUP 89-19 APPEAL August 16, 1989 Page 3 applicant that this item be heard tonight. The second matter is the appeal of the Conditional Use Permit. Should the Council determine Lhat it would be appropriate to hear the appeal tonight, staff has provided the attached Planning Commission Staff Report fully describing the proposed use (see Exhibit "F"). Re ec I1 ub ad Bul r Ci nner BB:SR:ko Attachments: Exhibit "A" - Letter of Appeal from Mr. & Mrs. Abbott Exhibit "B" - Letter From Application Requesting August 16, 1989 Hearing. Exhibit "C" - Letter From Mr. 8 Mrs. Abbott Requesting September 6, 1989 Hearing Exhibit "D" - Memo From Conversation With Mrs. Matthews Exhibit "E" - Memo From Conversation With John Costello, Cucamonga School District Exhibit "F" - July 12, 1989 Planning Commission Staff Report and Resolution of Approval Exhibit "G" - July 12, 1989 Minutes of Commission Meeting Exh i6it "H" - Commission Resolution of Approval No. 89- ii 193 978.=E":AYSOV;, ~, Cuci~Dga `CL. 91730 714-987-7588 `ra vor Uennis L. Stout ('icy of Rancho Cucamonga California Dear Clayor Scout: Ju LY 21, 1989 ~ ~ m v an ov eAnc),o cu: ~~.~::~r.... JUL211959 iM ; R': 718191nIll1121I12~314.:.,E We are concerned residents ahid ing a['978G Ea9[ Arrow in Rancho Cucamonga. Our house vas recently landmarked by the City Council and Cnr that we are very grate Cul. During the firs[ Cwo weeks of July we were out of Court, and upon our return, we had received a notice by mail informing us of a public hearing (July 12th) concerning an Fnvirorueen tal Asaeeamen[ and I'~~mditional Use Permit 89-19 Cor the estab lishmen[ of art arcade in a sensed space of 850 square Eeet located a[ Che see CIINGaC corner of ~4 row Route and Nalvern Ave. T1te notice and the hearing were both within [he tva week period during which we were gone. We object strongly [e this addition. An arcade is no[ a onmme rc sal estahlishmenc [ha[ encourages customers [o enter, purchase, and exit. By it's very nature, an arcade promotes loitering. We believe U~ne any establishment that encourages young adolescents to "hang-out" ran become a prime target for drug dealing. Through my work as a [e ocher at Cucamonga Elementary School, f happen :•,,c.+ chef [he housing area on Che south side of [he school is a hub rcr ir~.rgs. This arcade could be a prime spa[ Ear drug-re laced ac tivi[ies. '.r ehis same elementary school just south of the p[oposed arcade, 1 I:now. th at the majority of the children are•an the school lunch program ~~he reby bo ch breakfast and lunch are provided for [hem a[ no charge. These children don't even have money for lunch. Ycom my own experience as a ;~n re n[, i know the[ most children cant to spend between 53.00 Co $5.00 each time ch ey go [o an arcade. Do the children need the added encouragement Co ~p~•nd Lunch money or find ways to secure the money in order to play the a a~o< ac an accede? As a reacher, I find it dis tress ing that an arcade would be allowed a sicua cad this close to a school. To me this encourages children `tche- "diech" school or make an extra stop on their way home after ~~.~i ~, .,f rer vna nk ina ro r'ne Citv 2iannec end after having •~~r name re can [ly declared a landmark by this Ci Cy •Couoc il, we were under ~~ u~p re ss ion chat [he City of Ran<ho Cuc amor.ge vas in [e res tad in preserving ~~~ rn Ceq ri cv of [he community. CITY OF / / ~ ITEM:GUP 8Q-IA RANCHO CUCAMONGA TITLE: LCttER oc AvDf.AL- ABwrr PLANNING DIVISION EXHIBIT: A - ~ SCALE; Hayor Dennis L. Stout July 21, 1989 Page 2 _ ~_.. -~ As residents, our vision vas [o upgrade our property so Cha[ It hecame an asset and a thing of beauty [o our comiuni ty. We feel very clefi ni[e Ly that ch is arcade in th_0 location is not in keeping with this goal. An arcade will noe be an improvement co [his particular .~ecrion of our city uhirh is still primarily all residential dire^tly east of Malvern Ave. Based upon [he above, ue are asking the City Council to hold another public hearing so that citizens whose liven [his directly affects and who were not informed in time beFore the last hearing, mny have a voi ce~. n Sincerely, C/'G~ ~~.~ - ~« JanicevGraber-Abbott cr.: deb orals Brovn Charles Buquet uilliam Alexander Pamela Hrighc ft rad Bueller CITY OF 19~ RANCHO CUCAMONGA PLANNING DIVISION ITEM: GUP 8A-Iq TITLE: L6TfEaoKArrc~i.-Rlaeor-r EXHIBIT: ~? SCALE: k: , . _ _ t .,~~, July 28, 1989 RECEtYED- m or luncnoaar~ona~ ~, eIVM!Nf= ,MMMN~' City of Rancho Cucamonga JILL ~,$ City Planning/City Clerk ~il~ Attention: Brad Bueller ~~~~lrt Dear Mr. Bueller: / We have been informed that the matter regarding the Appeal of Cond itinnal Permit for Univet'sa_ Arcade loco=ed a[ 9755 Arrow Highway has been held over to the September 6, 1989 City Council Meeting. Please accept this letter as our request [hat [he matter be placed back on the agenda for [he August 16, 1989 meeting. We have been advised that the staff report and minutes are complete and are ready for presentation at this meeting. ': hereEore, we ask that the matter go Torth as orginally scheduled on August 16, 1989. T6enL ,. ,, ~~ ~ .. a.. .. ., ., ,, c.._ .. _..~ _______.:_ _.. _____ ___ ,.. ~... r.. ... ....1. S ince: ely, Terrence A, Batiste , ._ Darlene Batiste `h chael Earl ~~ 'i i'p~L ~ ~ ; Jenr~cfer Earl ~ ~~ CITY OF 191 RANCHO CUCAMON'GA PLANNING DIVISION ITEM: ChP 8c(-iq TITLE: LEriEn~ieorRl-ueANr EJCHIBIT: ~ SCALE: .... ?tea: ~. Hub 0!'=:= n .n „ >1s. Debbie Adams City Clerk City of Rancho Cucamonga California July 31, 1989 Re: Appeal x Permit 89-17 - JnivaraaL Arcade - Arrow Hwy, Dear ~1s. Adams: '~ , ',~~~ This le teen is an appeal to the City Council not to hear [he above referenced matter until September 6, when it has been scheduled co appear before the Council. When we filed our appeal on July 21 and paid [he $126.00 fee, we were given [he dates of either August 16 or September 6. We informed [he City Planner that the September 6 date was best for us because we had planned to be away from the Cify on the August 16 date for a conference in a distant city. The dates had already been see a year in advance. This date of September 6 was then assigned as the date when .his appeal would be heard. Now we have been informed [hat the individuals proposing this arcade do no[ wish [o wait that long and wan[ is heard on August 16. We unders taad that they Nava spent monies which [hey would not have spent if they had known there was an objection to this arcade and [hat they need to have it heard as soon as possible. On the other hand, we were only ¢iven two weeks no sire rh ar cn rs was even rn the works and when we did learn of it, we still had 1 day to appeal which we did and [hen paid the fee. We are the voice raising the objection co this arcade being in our neighborhood. As the voice, it has a right [o be heard. If the appeal is heard on the 16th, one of two things will happen, we will not be heard or one of us will not be able co attend a conference which we had plans to attend. We strongly urge the City Council that in all fairness [o all the parties: the individuals wanting the arcade, and the individuals who w i.L1 have to Live with it in their neighborhood if it is allowed [o open, that the September 6 date is equitable [o all. Sincerely, r Y ~i /~_ ~~ ~i/ir~ /Jeff Abbo ttL Janice Greber Abbott CITY OF ~ / 7 ITEM: c,u n eu-iu RANCHO CUCAMONGA TITLE:~Y'~«~".~•«nNt• SU~61~iu6 PLANNING DIVISION EXHIBIT: ~ SCALE: ~,~ Lill 1411 I\111V V11V ~V V(l1VLVlVV~I MEMORANDUM Q 70. FROb1. _ Sl,'BJECT: DATE: ~ 2 84 5{wt 7L. ~,,,.., CZ'S -CIAO -f)~1mne.. (,ad.( w/ 1we`f I1LkjGHEt1(3 w.+L:Cs<)) 2z4-49ij A _._ r _l~ l i 1. ...• aa~rn cl~ o~ t 9 8 RANCHO CUCAMONGA PLANNING DIVISION ITEM:~~"P 8ri-19 TITLE: T nv mrrnw~s PH,,,,c Cnu. EXHIBIT: ~ SCALE: it TO. fR0! s~'e) CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: ~~°r CITY OF RANCHO PLANNING i9g CUCAMONGA DIVISION ITEM: Cl.tP80-IA TITLE: ~~~ D.:~«! EXHIBIT: E SCALE: ----- CITY OE' RANCHO CUCAMONGA ~ STAFF REPORT _ ~ ,,_; DATE: July 12, 1989 I T0: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Steven Ross, Assistant Planner SUBJECT; ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 89-19 uNI YCRSAL RRCAUt - A request to estae ii sn an arcane In a ease space o 50 square feet within an existing commercial center on 1.26 acres of land in the General Commercial District, located at the southwest corner of Arrow Route and Malvern Avenue - APN: 209-041-51. I. PROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of a non-construction Conditional se rm or an arcade. 8. Surrounding Land Use and Zonin r - ng a am y res en al; Medium Residential (8-14 dwelling units per acre). SOU LII - 1.11111U Dal III iw IIIU N01 Wa i.cl vijt/i , vn nwf Cc-t'Cl (2-4 dwelling units per ac rel. East - Neighborhood center; Low Residential (2-4 dwelling units per ac rel. West - Jack-in-the-Box; General Commercial C. General Plan Designations: ro,7ec e - enera omnercial North - Medium Residential South - Low Residential East - Low Residential West - General Commercial D. Site Characteristics: The applicant proposes to lease an 850 square oo space w thin Arrow Plaza, a 12,895 square foot retail center. Ille tenter ii p'reientiy ouupf 2d by the ArrCw Plaza Market, H+ W deo Store, as well as the Bit-O-Spice Cafe. In addition, the Chino Basin Municipal Water District is in the process of leasing approzinlately 3,500 square feet for administrative use. The applicant is proposing to lease the space which is adjacent to Malvern Avenue. The Rancho Cucamonga Neighborhood Center occupies the site on the other side of Malvern Avenue. ~~ /'~~ /IBiT "~ '' PLANNING COMMI SSI01 'AFF REPORT RE: CUP 89-19 - UNIVERSAL ARCADE July 12, 1989 Page 2 E. Parkins Calculations: Arrow Plaza: (lumber of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Bit-O-Spice 1,800 1/100 18 18 Cafe Arrow Plaza 2,700 1/250 11 11 Market H+ Video 1,600 1/250 7 7 Arcade 850 1/250 3 3 Remaining 5,748 1/250 23 23 TOTAL 12,898 (1/100, 1/250) 6T 62 The Universal Arcade is considered a retail use, which requires a parking ratio of 1 stall per each 250 square feet of gross floor area. This parking requirement is within the 11 m1ts of what is provided on-site. r. Appitcaole He ulan ons: ine rnstaiian an or 4 or more amuse~n ev ces v eo, pinball games) within a business is defined as an arcade and requires a Conditional Use Permit per Development Code Section 17.10.030. II. ANALYSIS: A. General: The applicant proposes to operate an arcade within an ex-fisting commercial center. The proposed use calls for 20 video games to be operated with tokens within an 850 square foot leased space. The primary issues related to the establishment of an arcade are ava11ab111ty of supervisors, safety, and compatibility with surrounding uses. B. Parkins: The available parking in the center meets the required number per the Oeveiopment Code. Parking should not be a problem for the arcade because 1t would cater to younger people. Bicycle parking wilt be required for the site. This could be provided by closing a parking stall and installing a bike rack. A bike rack could also be provided an the eastern side of the building near the electrical transformer. ~~l PLANNi NG COMMi SSION AFF REPORT RE: CUP 89-14 - UN1rtRSAL ARCADE July 12, 1989 Page 3 C. Foothill Fire and 9heriff's Comments: The Foothill Fire District has reviewed the proposed use. they will rewire review of the Tenant Improvement Plans prior to occupancy. The Sheriff's Department reviewed the plans and had severs'. concerns regarding persons leiteri ng around the premises, amount of supervision, bicycle parking, and possible fights. The Sheriff's Department suggested that "No Loitering" signs be posted in front of the arcade, and that the amount of adult supervisors 6e increased, including a uniformed security guard. It was also suggested that ample bicycle parking be provided. D. Neighborhood Compatibility: The applicant indicates that persons y~~ ears of age will not be permitted into the arcade during schooi hours unless accompanied by a parent or guardian, with the exception of sumaer break. This was a concern voiced by the Central School District. There is one school located less than one-half mile from the site, and two others within two miles. There are several different uses permitted within the Arrow Plaza Center, but no conflicts have been foreseen. Current tenants Include H+ Yideo, the 81t-O-Spice Cafe, and the Arrow Plaza Market. Appropriate measures should be taken to insure Ln aL iiw ueiynvvi iuy tcii6 iiti a iivt .'.i itu~ uc .`.~ .-dL The wall separating the arcade and the tenant to4`the south should be designed to eliminate any concerns regarding noise. The Neighborhood Center to the east does not appear to be a conflict, and the arcade could be a complimentary use to the Center. E. Environmental Assessment: Staff has completed the nv ronmen a ec s and has determined that the development of this protect will not cause significant adverse impacts. If the Planning Commission concurs with these findings, issuance of a Negative Declaration would be appropriate. III. FACTS FDR FINDINGS: A. The proposed use is in accord with the General Plan and the obcectives of the Development Code as evidenced by the Conditional Use Fprmit provisions for amusement devices. R. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety and welfare or materially incurious to properties or improvements in the vicinity. d~~ PLANNING COMMISSION AFF REPORT RE: CUP 89-19 - UNIVERSAL ARCADE July 12, 1989 Page 4 C. The Droposes use compiles with each of the applicable conditions of the Development Code. IV. CORRESPONDENCE: This item has been advertt sed as a public hearing nl-The~iTy lieport newspaper, property pasted and notices sent to all property owners and existing tenants within 300 feet of the protect, V, RECOMMENDATION: Staff recommends that the Planning Commission approve on onal Use Permit 89-19 through adoption of the attached Resolution with Conditions and issuance of a Negative Attachments: Exhibit "A" - Applicant's Description of Arcade Exhibit "B" - N cinity Map Exhibit "C" - Site Plan Exhl6it "D" - Interior Fioor Plan Exhibit "E" - Letter from Central School District Gx n101L "r" - LC LLC I' IlYlpl fYU Nil 11 file V~aN ~~i. Exhibit "G" - Memo from 9leriff's Department Resolution of Approval ~d3 BUSINESS PLAN UNIVERSAL ARCADE DESCRIPTION 'C W'E NTT VIUF.O MACHTAES OPERATION WLTH AT LEAST ONE Anii1T SI!7FR- VISIAG UL'R IAG ALL k'ORKING HOURS. >tACHINES TO 9E OPERATED BY TCKENS EKC HANGED AT NA N.4GEMENT BOOTH SET L'P ?N ARCADE. OPERATING HOURS: DL'SINESS dOl'RS TO BE 6ETWEEN THE HOURS OF 10:00 A.N. THRO L'GH 11:00 P,}I. SL'N'DAY THROUGH SATUR DAT, W'I TH NO `II HORS CNDER THE r\GE OF EIGHTEEN ALLOWED DL'R IAG SC!IOOL HO L'RS WITH THE EXCEPTION OE SCM`IER BREAK, HO L'RS WILL BE SCBJ ECT TO CITY ORDINANCES. INTENDED RESTRICTIONS: NO SMOKING. NO LOITERI,l'G AROUND FRONT ENTRANCE. NO HORSEPLAY INSIDE PREMISES. OBJECI'I V6S: i'ROVIDE A PROFIIABLE MEANS OP ENTERTAINMENT FOR THE HEAVILY POPULATED YOCTH IN THE AREA SURROUNDING THE SHOPPING CENTER A N'U THE INTER EST F.D ADI~l.TS WHO FN ION Tuc runrr cnrrc nc +, :\RCADE. SUPPORTED 6Y A STRONG CAST OF SUPERVISION, OL'R SELVES, .\\'D A CLOSE ASSOCIATE WHO IS EMPLOYED B1' THE LOS ANGELES POLICE DEPART)1ENT k'HO WILL BE L'S EU Ac q SL'P PORT MEANS OF ACTHORITY DCRING HIS OFF 110 CRS. ERPP.RIENCE: WE ?0TH HAVF. >IA NAGEU SEVERAL OTHER DL'S INESSES SUCH AS SERVICE S iATI0S5, COAVEAIENCE STORES, WHICH OPERATED A SMALL GROUP OF CIDEO `1 P.CHINF.S, AND HAVE OWNED AND OPERATED A LAUNDROMAT. I IiAVE ~'OACHEO JL'SIOR HIGH SCHOOL BASKETBALL FOR SEVERAL YEARS fi CCING 14E ,„IIAT I CONSIDER VALCADLF EXPERIEACE IN SL'P BRUISING }'DI'NG AUFi_TS. u.AC&GROUNC; Wf ARh. HO'iH 'iTRONGLT ROOTED IV CHURCH HAVING STRONG CHRISTTAN tgN'/[CTiONS. W'E HdVE CHILDREN OF OUR OWN (BATISTE-TWO, EARL- I'UHI:E) RANGING IA AGES FP.OM OAP, THROUGH NINE. WF. ARE 80TH SIRONC FAMILY ORIEAT F.D MEN OP IBTEGRITY, NOTED BY BOTH FRIENDS ,1ND PEf:'NS. CITY OF ~o~ ITEM: s'"° a,g-ia u,~,~~R~, n2CA0 RANCHO CUCAMONGA TITLE: F nu''°t PLANNING DIVISION EXHIBIT: A' i. '~. erviu nxnrr ur~o.xru~ amw-~ - ~ ~.... -_ .~~_ ~ - ~~y I. v117M1\ nrtnowl rtn_u~Q/~•J, II ~ ~ r I ~ ..w L .o ~+~ ~ o ~ " '" ~` 'i i iiT~: ' ~ i I i i µl~ }y- io. rrcY e. ~.r.., ,, - FORTH CITY OF ~ ~S ITEM: CUF 9`t- iN UN~dEas~~ Rcr.nn~ TITLE: ur~~u~ ~k~ EXHIBIT: ~ SCALE: ^' • r• s RANCHO CUCAMONGA PLANNING DIVISION .-.~. ... .I ml1 -b1 IM '~- ~ I wr .~~, L„V ,i,i~?I °, ~. ~.~T,~,~~ - wl..~r.,Y is\ '~ lliy .~ ' I,I~ i ' !f! ~.i..~ ~' ~ •~ ~'Mi Iy F+~. u ~ H ~ 411i~~G ~ .. i 4~r~dl ~i. ~ Y~WI~ I.I 1r f I I ~ ~ ;I ~ !. . K ~ I C,I . I . I . i ~~I ~ .~~ • {.. • MS~Il_ YIF=~ DUI I , ~ ~.. . ~+w i _ s... urn Mn __~__ __ ...__.. _ _-._._.- ~ i~, wI iwrv d Y ~iwlw.w7-~~v~nn ~ ~~~wnr n wY~r ~ M wML~N •A W~T1A ~ A M~rf ~Y~ ~ l~~ /aYY ~ ~ . ..~ I~lr rV \ORTH CITY OF ~U~ ITEM: CUP 8q- I~ UNw~Re~xAe~noE RANCHO CUCAMONGA TITLE: s ~T~ P~n~ PLANNING DIVISION EXHIBIT:~_9CALE: r5 q .°'c i ~; ~ i' - - o ~ ------ - - -_- - . ' .. ~ r• t ~ , J ? ~ ____ V' ~' ~ llj .~ ~~^ _ y tSw ~~ . .y M ~ w c N JA J i U __ _ ." 1 __ __ e.' ~a~c ~ _ ~__ .___~ z - I __.,~ • . -+ \ ~ l I ~-~~~ a ~__- _____ ~ e _ - a-._i ~.___ 1 ~ ~ ~ __ ~ ~ ~ -' _' a - 5 ~ '~ ` _ #~ ~ `- V s ' S ,'~ , ~l ~ r Y T ~ i i Ili ~~~ ~ r/ ~ ~ ~ ~I~---~hl ~ _L_. __ . '~__ . N0 CITY OF ~~7 ITEM:fuP &G- INNNi.E~hrF~ ti2cnu~ RANCHO CUCAMONGA TITLE:INiYLWh ~-~.. ~~_~.~ PLANNING DIVISION E%HIBIT:~_9CALE: ~°~y 3 7 ~ s a V V , f7 1 ~( ~ a r a o w a o~~ a=_~ ~~~ a W }) ~~ Z g O G V < J i 3' ~~ i ~~= i . oT=iw i 0.. ge !-1 `nI u ~ ~ I II /'~ ~ AUMIIYIJ I'NAl]UC1 Central Schoo~ District >~N-~~ sli~iwlwTewofwr 9ai7 Foothill Blvd. i Rancho Cucamonga, California 91730 ; (714) 989-BSat June v, 1989 -RECEIYED~ ~ ~i'rOf~NRN~A 7~~-~~f112i914i~18 feg~ Voget Ae ar.furT.~eullwe!! Sharm L Nagel AffT.611~T. rINf TIU CTI Ow .._. Steven Ross, Assistant Planner Community Development Department P. 0. Box 807 Rancho Cucamonga, CA 91730 RE: Conditional Use PE rmit b9-19 i:niver sal Arcade Dear Mr. Ross: I am writing on behalf of Cent ral School District concerning the conditional use permit for L'n iversal Arcade. Central School Districts insists that children under 18 are not allowed into the facility unless they are accompanied by a parent or guardian. s pecif icalLy enforces this stipulation during normal sr hool hours. ^;;^ank you for :nclad ing Central School District in the planning of faciii ties :P.at :: ou19 cotentially impact t'ms district. S:ncgre'y, _ ~~ _. ;r.c: iri ':::r.. ~~sais :a ct S~..per:n :endent, Jusi ne ss Serv ises CITY OF ~~~ ITEM: ~ •!~ ~ Bp" I q UIVWCa.M- Ruwos RANCHO CUCAMONGA TITLE: ~~t~ ~~.~ r s~~ °I>m~~ PLANNING DIVISION EXHIBIT: E ` ~"' „ , ®®~llLJLllll ~YL V P~"~~°~°~~1~ ~~~'~'~~tC'1[° P. O. BOX 35 • 66]3 AMETHYST ST. • RANCHO CUCAMONOA 91701 p141 987-4575 June 26, 1989 Steven Ross, Assistant Planner City of Rancho Cucamonga P. O. Hex 807 Rancho Cucamonga, CA 91730 RE: CONDITIONAL USE PER[vi1T' g9-I9 UNIVERSAL ARCADE Dear Steve: .-SxcC=1~~~' nn zr ~ ,-. a ct;c~5 ronc~ ,fUtr' `~8'~ p~ "aTi81g11Cllli"IlI'1914161~ i Thank you for the proposed site plan for the abovs business. If the final space plan remains the same, we will have the following requirements: i. Tenant improvement plans mus: be submitted to the fare dcparuncnt for plan review for the proposed office and bathroom. There will be a fee for this service. 2. Tentative figures determine the occupant load to be 44 persons. It would, therefore, not be a public assembly, and state code requirements will not 6e applied. 3. Eire eztinguishcrs will be required. The size, amount and locations will be dacrmincd when tenant improvement plans arc submitted. 4. Care should be taken to provide adequate wall outlets, therefore ' eliminating the need For extension curds. Thank you for the opponunity to comment on this project. 1 look forward to receiving the tenant improvement construction plans, C,CC/LC_. /C ~~ 4'cra A. Arthur Ei rc Prevention Inspector CITY OF ~o~ RANCHO CUCAMONGA ITEM: l U(' .9-1G IAulruty+I AkADE_ TITLE: ~Err~n. C,tem Fwrrtu.F~nE Disrw~r y~• •` - .. PLANNING DIVISION ERHIBIT: ~ CITY OF RANCHO CUCAMONGA (~ MEMORANDUM L~ DATE: ~ 6 e9 TO riaE FRO\t. $YEVE '~• SL'RJECT: ido„t uG ufl l,a/f G, u.OSt CQB9-cGll~ Rt: LwivEtsAC AtcpYt F}f /ifAff ~ RO4L{'f Ntt O{D ~ t;AO FD/ uki 4f owt fi! S_ _~Geyw~~ _ R.... w.. ... A/.._..._ LJn.a~ _ LL.r Inn i Ah '~ Lu..« Nn ~.arfteLU~ hocodte L~1 FeeNr 0 iVeLC_ iL~•Ifrl4rt. qt R.Cer K~oe CITY OF RANCHO ~IV CUCAMONGA ITEM: C(.lW 94 ~N ~u~~~L~nr. A~<o~x TITLE: Memo Front ~xcr<<na DEPP. PLANNING DIVISION ExxIBIT: ~ Marcel Luna, owner of Upland Masonry, 8935 Hellman Avemle, Ranch ucamong a, requested approval of the protect. Hearing no further testimony, the public hearing was cl Commissioner Chitiea stated that the proposed use uld not cause any adverse impacts on the existing surroundings and that a additional landscaping and the block wall adjacent to the school would je(f act improve the area from its present situation. She foresaw no overal,Ycharge in the land use. Because the outdoor storage was limited, she supported the project. Chairman McNiel also sup portedjihe project and felt the Residential designation did not make~a lot qy sense. He felt the use was an extension of an existing situation with• neighboring Stevens Foothill Rentals. He felt it would be a benefit to the coMiunity. Motion: Moved by Ch i4fea, seconded by Blakesley, to adopt the Resolution approving Environmental Assessment and Conditional Use Permit 89-16. Motion carried by the fo li6wi ng vote: AYES: COJMISSIONERS: BLAKESLEY, CH11'Fl:A, MCNIEL, MEINBERGER NOES: ,' COMMISSIONERS: NONE \\\ ABSF~If: COMMISSIONERS: TOLSTOY -Carried F. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 89-19 - UNIVERSAL ARCADE - A request to establish an arcade in a leased space or 850 square 1^'rT.; •i.:- ~:-., -1.l .~,.. 1 7C ei 1"..A in •Fn ..~ ~~y - .. .. ._._ General Commercial District, located at the southwest corner of Arrow Route and Malvern Avenue - APN: 209-041-51. Steve Ross, Assistant Planner, presented the staff report and suggested changes to the Resolution, including correction of spelling of applicant 9atiste's name, deletion of the words "and after curfew" from Planning Condition 1, and deletion of the requirement that the approval would become void upon a charge of ownershf p. Chairman McNiel opened the public hearing. Applicant Michael Earl introduced his partner, Terrence Batiste, and stated they were available to answer questions. ~nai rnan Ide,ii iei asx ea it cne appii~ame ayreeu w Liic Giiei 1fT~; '^'^^'^qr iatior~ that a uniformed security guard be present. Mr. Batiste stated they did not feel a uniformed security guard shodld be required. II ?lanninq Commission Minu[es ~ '`4- July 12, 1989 Mr. Earl stated that Mr. and Mrs. Batiste, as well as he and his wife, plus the full time employee would be supervising and he felt the security guard would be unnecessary. He said he also had a close associate who works for the Los Angeles Police Department, who was helptrg them aM would he giving advice in different areas. Chairman Mc Niel stated that the shopping center is located in a marginal neighborhood and the shopping center has already had a graffiti p^ob lem. He suggested that it was a good idea that they have some sort of uniformed security, even if one of them wore a uniform. Commissioner Chitiea felt that the term "uniformed security" connotes someone who is trained and licensed. She felt the requirement was appropriate for the safety of the premises and the patrons. Mr. Earl stated that both he and Mr. Batiste have had experience dealing with the younger generation. He stated he previously owned a service station where he dealt with younger people. He felt they had the necessary experience. Mr. Batiste stated he presently varks for Nalnut Christian Junior High as the basketball coach. He stated he also works as a volunteer with the footh all coach at Gane sha Hfgh School, and both he and Mr. Earl were very active with their church. He felt he provides a positive attitude for younger people. Commissioner Weinberger asked if bike racks and "no lettering" signs would be provided. Mr. Batiste stated they would be provided. Commissioner Weinberger felt a uniformed security guard was a ga od idea, but nunJm eJ oily ~iie ai uoJe nor ueiuy piny ieJ vuL vu pi ur iJe Liie yuai u. ~irc ie ii the other businesses in the center should help pay for the guard. She felt they should first have an opportunity to show they could control the problem themselves, Chairman McNie1 stated that in the past the Commission had required arcades to provide a security guard. Commissioner Weinberger felt that as the arcade would not be serving alcohol, the guard should not be a requirement until a problem developed. Commissioner Blakesley felt the applfcants were aware there was a potential problem and he felt it should not be required as acendStion, even though he recommended they have a security guard. ~omnissioner Cnit~ea Celt perhaps a guard could he required only during o,~oninn nnir< bor. ao sa tha evening r.lientele would be different, as dur irq the day school-age children would not be present. Conn issioner Blakesley stated he wasn't sure what kind of history there was for arcades, and felt the same requirements might apply to the convenience alarming Commission Minutes ~/ 1 July 12, 1989 ti store at the other erd of the bui ldfng. He felt that singling out the arcade was unfair. - Brad Buller, City Planner, stated that the recomnerd ation far the security guard referred to the interior use, and the issue of graffiti outside the business could be considered separately for the entire center. He stated the Comission could estahlish certain hours for the guard, or could delete the condition. Commissioner McNiel stated that when arcades first started to surface there was tremendous resistance from neighboring businesses and residents and experience has Shawn perhaps they were false fears. He felt it might be appropriate to perhaps review the entire center to see if a security guard should be required for the entire center with the cost being spread among the businesses. Commissioner Chitiea suggested that the requirement for a security guard be replaced with a condition that two adults, including one Supervisor, be on the premises at all times, and that the Conditional Use Permit could be modified in the future if a problem develops. Chairman Mc Niel felt that the requirement for two adults might be related in the future if the Sheriff's department gave a favorable report in the next four to six months. Commissioners Chitiea and Blakesley concurred with Chairman MtN1e1's suggestion. Motion: Moved by Chitiea, seconded by Blakesley, to adopt the Resolution approving Environmental Assessment and Conditional Use Permit 89-19, with modifications to require the presence of two adults at all times, but delete the requirement for a security guard. Motion carried Dy the tol lowing vote: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MC NI EL, NEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOL STOY r r + ~ -carried G. VARIANCE 89-07 -WILLIAM LYON CGMPANY - A request to allow 6 foot high b ock wa s within the rront yard set ack area of Etiwarda Avenue, located on the west side of Etiwanda between Baseline Road and Highland Avenue - APN: 227-513-79 & 80, 22J-471-61 thru 66, 221-481-56 thru 68, and 227- 491-3 & 5~ thru 56. Brett Horner, Associate Planner, presented the staff report. Chairman McNiel opened the public hearfng. Planning Commission Minutes ~ ~~ ,luly 12, 1989 RESOLUTION N0. 89-93 A RESOLUTION OF THE RANCHD CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT N0. 89-19 FOR THE UNIVERSAL ARCADE, LOCATED AT THE SOUTHNEST CORNER OF ARROW 0.0UTE AND MALVERN AVENUE IN THE GENERAL COMMERCIAL D ISTRICi, AND MAKING FiNDiNGS IN SUPPORT THEREOF - APN: 209-041-51 A. Recitals. (i) Mike Earl and Terrence Batiste have ff led an application far the issuance of the Conditional Use Permit No. 89-19 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application'. (ii) On the 12th of July, 1989, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing an that date. (iii) All legal prerequisites Lo the adoption of this Resolution have occurred. B. Resolution. NON, THEREFORE, it fs hereby found, deternllned 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 substantial evidence presented to this Commission during the above-referenced public heartrw3 on July 12, 1989, Including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at the southwest corner of Arrow Rate and Malvern Avenue, APN 209-041-51 with a street frontage of 485 feet and lot depth of 213.5 feet and is presently improved with an existing commercial center; and (b) The property to the north of the sub,~ect site fs a gas station and Single family homes, the property to the Bath of that site r.o nsisty of the offt ces of the Cht no Basin MunlciDal Slater District, the proparty to the east Is the Neighborhood Center, and the property to the west is a fast food restaurant; and /~ ~xN,~r ,,,,,,, PLANNING COMA SSI01 SOLUTION N0. 89-93 RE: CUP 89-19 - UN. .ERSAL gRCADE July 12, 1989 Page 2 (c) The application contemplates the operation of an arcade consisting of 20 video game machines within an 850 square foot leased space. 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 proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to DroDer ties or improvements in the vicinity. (c) That the proposed use Complies with each of the applicable provisions of the Development Cade. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality qct of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1. ~. 3. and 4 above, this Commission hereby approves the application subject to each and every condition set forth helow: Plannin 1) No persons under 18 years of age may enter, be ar remain in any part of a game arcade during the hours school is in regular session. This limitation shall be prominently posted at the entrance of the facility, in letters not less than 1" Tn height, and shall be enforced by the adult supervisor. 2) The hours of operation shall be no earlier than 10:00 a.m. and no later than 11:00 D.m, for arzades located in the General Commercial District. .. .,..,e a.. on o1 An a.". rl ii uy yi J,u, a yr ~~... ~... ... ..-... a ~_ machines. d l~ PLANNING COMMISS[C 'ESOLUTIDN ND. 89-93 RE: CUP 89-19 - U„_IERSAL ARCADE July 12, 1989 Page 3 4) Separate public re straoms for men and women must be provided within the approved bu tiding and controlled. 5) An interior waiting area with seating facilities shall be provided for patron wishing to relax or wait for an amusement device to become available. 6) Change-making ar token exchange facilities shall be provided for patron use inside premises. 1) Adequate exterior lighting shall be provided for evening security adjacent to all erKrances and exterior walls of the building where the games are located. All lighting shall be arranged and shielded so as to eliminate excessive glare or reflection onto adjoining properties or businesses. 8) Access to the game area must be from the main entrance to the primary use and not from a separate exterior entrance. The rear exit shall be for "Fire Exit Onty". 41 Adeauate interior clear space shall be provided for safe and convenient patron circulation and shall meet the following minimum standards: (a) Amusement devices shall be located no closer than 12" from any wall assembly separating the arcade from any ad,)acent building ar portion of a building. (6) Provide a minimum of 60" between amusement devices and any entrance or exit. (c) Where amusement devices are located along one side of an aisle, provide a minimum unobstructed aisle width of 66". Where amt 4ement devices are located along both sides of any aisle, Drovide a minimum unobstructed aisle width of 90". (d) Additional Interior clear space mey be required by the 8utldtng Official, Foothill Fire District, or Sheriff's Department in order to maintain public safety ~~ PLANNING CONMISSIO 'SOLUTION N0. 89-93 RE: CUP 89-19 - Uh, JERSAL ARCADE July 12, 1989 Page 4 10) Bicycle racks shall be provided to the satisfaction of the City Planner fn a location that does not obstruct pedestrian or vehicular circulation. They shall be installed prior to occupancy. 11) All signs on the exterior of the building or visible from the outside, such as window signs, shall require Planning Division approval in accordance with the Sign Ordinance. 12) No amusement device shall be used for purposes of, or in connection with gambling. The winning of anything of value shall constitute gambling, except the winning of a prize in a scheduled tournament. 13) No persons shall be permuted to enter, 6e or remain in any part of the arcade while in the possession of, consuming, using or under the influence of any alcoholic beverage or drugs. This shall be prominently posted inside the arcade in letters not less than 1" in height and shall be enforced by the adult supervisor. 14) The walls, ce111rg ar floor, or any combination the bc'.'. CSr° ,Lr,~cr~~.e ,,. por~tion~ thereof, shat l be insulated or otherwise constructed so that no vibration that is detectable without the aid of any mechanical device or instrument will 6e allowed to be on the au ter perimeter of the arcade. 15) This approval shalt become null and void if a Certificate of Occupancy is not issued within 24 months from the date of approval, unless an extension has been granted by the Planning Commission. Failure to comply with Conditions of Approval ar applicable City Ordinances shall cause the suspension of the Cordittonal Use Permit and possible revocation of the Co~ditionai use Permit by the Planning Commission. Lo) Approval or cols reyunaL snail ~1 V i. hdiie compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of Certificate of Occupancy is granted. ~' PLANNING CONMISSIC' '.E SOLUTYON N0. 89-93 RE: CUP 89-19 - L /ERSAL ARCADE July 12, 1989 Page 5 17) The Darki ng lot shall be posted "No Loitering" in letters not less than 1" in height on signs to the satisfaction of the City Planner and Sheriff's Department. 18) Two (2) adults, 21 years of age or older, i ncludi;ig one (1j supervisor, shall be Drese nt at all times during business hours. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH OAY OF JULY, 1989. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA UY ATTEST: I, Brad Buller, Secretary of the Planning Commission of the C1ty of Rancho Vu lNlttlliy a, uu iim N) wi i.ii~ ~i,ut L~R fv. ry0ity ':C S:. ~^ ~. '.a: .... .~ ...- regularly introduced, passed, and adopted by the Planning~Commission of the City of Rancho Cucamonga, at a regular meeting of the Planntng Commission held on the 12th day of July, 1989, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CH[TIEA, MCNIEL, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY ~/~ CITY OF RANCHO CUCAMONGA ST~~FF REPORT DATE: August 16, 1989 TD: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: John L. Martin, Associate Civil Engineer SUBJECT: Approval of Environmental Assessment and Issuance of a Negative Declaration for the proposed Church Street Hldening Project from Archibald Avenue to Haven Avenue. It is recommended that the City Council approve the attached Resolution approving Lhe Environmental Assessment and Issuance of a Negative Declaration for the Proposed Church Street Nidening Project from Archibald Avenue to Haven Avenue. BACKBROIMD/ANN.t5I5: This report presents an Environmental Assessment Initial stuQy for Lhe proposed Church Street Improvement Project from Archibald Avenue to Haven Avenue, for City Council approval and issuance of a Negative Declaration. In conformance with the California Environmental Quality Act and State IiUl eel Ines, Lne dL[aCned deGUllenLS have ueen yrcyareu 'w yenaiC ~muLr u~Liuu of the street widening improvement. These improvements generally entail the widening of Church Street within the existing right-of-way and as provided by voluntary dedication or purchase of public rights-of-way. It is the Engineering staff's finding that the proposed project is 1n conformance with the proposed development of Church Street as a secondary street will not create a significant adverse Impact on the environment and, therefore, recommend that these improvements be classified as a Negative Declaration. Respe,t su~b~mi~tt-edy~~ ~~ "~'~ ;pam / r leauixnen L t RESOLUTION N0. ~ ' ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCMAONGII, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIYE DECLARATION FOR THE PROPOSED CHURCH STREET NIDENING PROJECT NHEREAS, the City Council of the City of Rancho Cucamonga has reviewed all available input concerning the proposed Church Street Nidening; and WHEREAS, said improvements require an Environmental Assessment; and WHEREAS, an Environmental Assessment Initial Study has been prepared pursuant to the California Environmental Quality Act, as amended. NON, THEREFORE, DE IT RESOLVED, that the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: The City Council of the City of Rancho Cucamonga hereby approves ~tfie Enviroixnental Assessment Initial Study and Issuance of a Negative Declaration for the proposed Church Street Widening from Archibald Avenue to Haven Avenue. SECTION 2: The City Clerk is directed to file a Notice of Determina on pursuant to the California Environmental Quality Act. ~~ 6b. Protect 1s to be funded by Citywide Systems Fees. Sa,e. oue to the improved driving conditions proposed for Arrow Route, there may result additional vehicular movement. ~~l CITY OF RANCHO CUCAMONGA ENVIRONMENTAL ASSESSMENT NOTICE Complete environmental assessments have been prepared for the following protect, The City Council will be considering the assessments, Staff's recommendation, and public input, at their meeting of August 16, 1989 prior to making a final environmental determination. Following is a brief description and location of the project and Staff's recommendation on the project to be considered: ENVIRONMENTAL ASSESSMENT FOR THE PROPOSED CHURCH STREET WIDENING PROJECT -The widening of Church Street to Its designated secondary status, which will improve the east-west movement of traffic flow. This will include 4 travel lanes, 2 eastbound and 2 westbound. The project is located on Church Street from Archibald Avenue to Haven Avenue. PUBLISH; August 4, 1989 ENVIRONMENTAL REVIEW APPLICATION INITIAL STUDY -PART I GENERAL For all protects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the protect applicat ton is made. Upon receipt of this apDltcation, the Planning Division staff will Drepare Part II of the Initial Study and make recommendations to Planning Commission. The Planning Commission will make one of three determinat tans: (1) The Drotect will have rro sigyn if scant environmental impact and a Negative Declaration will be filed, (2) The protect will have a significant environmental impact and an Envirommental Impact Report will be prepared, or (3) An additional 1Mormation reDOrt should De supplied by Lha applicant giving further information concerning the proposed protect. gate Ft led: July 21, 1989 Protect Title CHURCH STREET WIDENINB FROM ARCHIBALD TO HAVEN AVENUES Applicant's Name, Address, Telephone: City of Rancho Cucamonga 9320 Base line Road, P.C. Box 801, Rancho Cucamonga. CA 9173n Name, Address, Telephone of Person To Be Contacted Concerning tnis Protect: Mike Olivier, Senior Civil Engineer 9320 Base Line Road, P.0. Box 801, Rancho Cucamonga, CA 91730 !GC at ion of Protect: Church Street between Archibald Avenue and Naven Avenue Assessor's Parce} No.: NIA List other permits necessary tram local, regional, state and federal agencies and the agency issuing such permits: city !one Closu ra, Construction cap as rna rdinn county Flood permit and Cucamonga County Water District permit ~3 PRO,]ECT DESpIIPYIiN1 Proposed use or proposed prajeci: widen Church Street to its ultimate designation of secondary roadway with an BII' rioht-of-way width and a 64' pavement width. Replace a storm drain box structure at Haven Avenue and relocate major_water line. Acreage of project area and square footage of existing and propose4 build logs, if any: dro.iect area ± 10.1 acres Describe the en virommental s~ettinq of the pro,lett site including information an topography, s~o T stability, "ants (trees), land an lmats, any cultural, historical or scenic aspects, land use of surrounding properties, and the description of any existing structures and their use (attach necessary sheets): Church Street between Archibald Avenue and Haven Avenue slopes downward to the east and dra ins to an existing 4asin located at the southwest corner o1 Haven Avenue and Church Street The land fronting the pro iect site is zoned single family residential a few parcels of which are considered developable. At the corner of Haven and Church is a major flood control retention basin with earth emhankmantc. Is the project part of a larger project, one of a series of cumulatfve acEinnS; width although individually s~naii, may as a whole have significant environmental impact NO ~d HILL THIS PROJECT: YES NO 1. Create a substantial change in ground contours? X 2. Create a substantial change in ex i5tin g noise of produce vibration or glare? ~ % 3. Create a substantial change in demand for mun is lp al services (police, fire, water, sewage, etc.)7 _ % 4. Create changes in the existing Zoning or General x Plan deli gnat ionsi _ _ 5. Remove any existing trees? How many? 18 % 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammab les or exp los ives7 % Explanation of any YES answers above (attach addittonal sheets if necessary): The trees will be removed in order to widen the road. 7. Estimate the amount of serl~ge and so11d waste materials this protect 4111 OPOPrat.P Ax11V: n~~ 8. Estimate the number of auto and truck trips generated daily by this prof ect: N/A 9. Estimate the amount of grad in (cutting and f1111ng) required for this protect, in cubic yards: 2,500 c.y. 10. If the protect Involves the construct ton of residential units, caiplete the form on the next page. CERTIFICATIOM: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the bext of my ability, and thet the facts, statements, and infannatloa presented are true and correct to the best of my knowledge an6 belief. I further understand that addittonal information may be required to be submitted before an adequate evaluation can be ode by the Planning nv„i<+~~ Oate: ~ ~ Signatures ~~~i/'•~si~!~~ Tit 1 e /,.'~ F~i+~,~...~e e RESIDENTIAL CONSTRUCTION The folloNiny information should be provided to the City of Rancho Cucamonga Planning Division in order to ofd the school district in assessing their ability to accommodate the proposed res ldential development. Developers are reQUired to secure letters from the school district far accommodating the increased number of students prior to issuance of building pe^mtts. Name of Developer and Tentatihe Tract No.: Specific Location of Pro,~ect: PHASE I PHASE 2 PHASE 3 DHASE 4 TOTAL 1. Number of single family units: 2. Number of multiple family units: _ 3. Date proposed to begin construction: _ 4. Earliest date of occupancy: _ Model! and ! of Tentative S. Bedrooms Price Range ~v CI :".' OF 7A`iC:'.0 CCC~.`!C\GA FA.q: Ii - I:fI IIAL 5'G'-i1' \1'Id0`~ff:;. AL CHECi:..ISI DA:=; 7-21-89 ,L=?~: c;,;-; City of Rancho Cucamonga '_-_..G DA:=: 1-21-89 tot Sti'K3_R: ??.c::c:: Church Street Widening ??.G.; EC: L„CAILC~: Church Street from Archibald Avenue to Haven Avenue I. Z`Z':7C"T`;:AL "`L=AOS (Exp la,^,a ci<n of all "yes" and "aaybe" answers are required on attached sheets). Y_5 ~iY3E `.0 1. So i:s and Geo lc r:. mill the proposal have a. CnsCa6 ie greund cond icions or in changes in geo to zit relacionshios? b. Disrupcio^s, disp lacemencs, comp ac ciao or burial of the soil? c. Change !n topography or ground surface conccur i-.:e rvais? d. The desczuc [!on, covering or modif icacien of any un'_que geole g!c oT physical Eea[uzes? e. Any potential increase Sn vlnd or va ter erosion of sons, affe<cing either on or of: sire condl co ns? .. rha~gos In _. _., ...n a...u..J r„ O: ..a.JS...J-. g. Exposure of people or property co geo la gic hazards such as earthquakes, landslides, mud- suues. ground ;aLlu re, or slmllar hazards.' h. M increase Sn the race of ex[zact loo and/ar use of any mineral resource? Z. Hvd ro lo¢v. 17111 the proposal have sign if Scan[ results in: ~ ~j X - X_ _ X X a. Changes in Curren cs, or the course of di: ec ticn of (loving streams, rivers, or ep he^ezal scream channels? 5. Changes Sn absotp clon races, drai as;e pa [[erns, or the :ace and amount of surface vacer runoff? c. Alcera dons co the course cr flov of flcod va cers? . d. Ch ar.ge in the amounc o[ surface vacer in anv body o: vacer? e. Discharge into surface va ters, or any al:e ra [ion of surface vacer gvali C+? -°. A1[e ra [ion of 3roundvace: chaza¢erisa cs? g. Change Sn [he quantity of groundvacers, either through direct additions or vlch- dravals, or through Sncerf erence vlch an aqui°. er? Qua llcy? Quantity? h. the reduction in the amounc of vacer ocher- vise available For public vacer supplies? i, xpcsu:e of people ar properly m vacer related hazards such as flooding or se fiches? 3. Air Qualltv. N111 the orn nncal havo e+~..+~1~=-t resin cs fir,: a. Constant oz periodic air emissions from mob file or indl rect sources? $CaClO nary SOUCLeS? b. Deterio roc ion of ambient air quality and/or Sncerference inch the acca foment of appllcahie air quality standards? c. :1lt era[ ion of Local or regional c1lr+a tic conditions, affecting air movemen [, coo is[ure or tecperacure? L, 3fot.a i is ea. Nill the proposal have sign if i<anc resin cs in: a. Change in the characce rl5clcs of species, Sncluding diversity, dis tr ibucion, or number of any spec Ses of planes? b. Reduction of the numbers of anv unique, rare ar endangered sp ecfes of planes? X X X X _ X X X _ X - ~i _ x X z -- ~ 6 i ., _ t. lnt mducticn of new or dis rep t!ve spec!as of plants inco an area? % d. Reduction la the ootsn c!al for agrltulrural product an? ~ a3aa, 'dill the proposal have sign if icanc results a, Change in [he charac ce rlscics of Species, inc boding diversity, dlstrl6u cioa, or numb ets of ary species of an Smals? % S. Reduct SOn of [he numb ezs of any unit ue, raz= nr _nna n_ ea sp ec its o. an._aa , % .. Introdur. ion of nev or disruptive species of animals inco an area, or reside in a Sorrier [c tF.e migration or movement of animals? % d. 'Deter iorac ion or removal of existing fish or wildlife habitat.' g P opulat lea. 4i 11 the proposal have significant re suits in: a. ;:ill the proposal alter [he location, disiri- Ss:ion, density, db;ersity, or grouch rate of the h•.:man population of an area? % h, will the proposal affect existing hous inq, or create a demand for addic Tonal housing? % Socip-Economic Fac co rs. Will the proposal have a. Change in local or regional socio-economic characteris[Scs, including economic oz cocercial divecsicy, tax rate, and property values? % b. WL11 project casts be equitably distributed among project beneficiaries, i,e., buyers, tax payers or pro]ett users? ~ Land l'se and Plannine Gnsiderat ;ons. Will Che pro pa sal have signftc ant resui es in: a. A suhscancial alto radon of the present ar nlannen la ~- ~~c p, ai, deco"' _ ~ _~ % S. A conflict vlch any deslgnaclons, ab]ectives, pollc ie s, or adcoced plant of ~ ..__,,,__ enclc ies? ~ c. An Smpacc upon the qulaley or quantity of exiscing consume clue or non-consume clue retreat tonal oppor[unltles? ~ ~9 _ ?~ze iE5 Y4Y3v `:0 8. 'ra nsoorca [ion. Will Che proposal have sign i. ican; es ui :s in; a. Cenerat!on of substantial adds;ion a: ~,~eh!cular Wove~en;? X b. Ef Ee ccs on exist ing streets, or deWand .'~: nev street construction? ~ c. cffeccs on existing parking facilities. or de_^tand for nev parking? X d. Substantial ivpacc upon ex is [ing cranspor:a- clon syscexs? ~ e. Alterations [o present patterns of tircula- cicn or movement of peepie and/or goods? ,-~ f, pltera[ions Co or effects on present and potential va ter-borne, rail, mass transit or air [r affic? ~ g, Increases in craific hazards co motor vehicles, 6 icycliscs or pedestrians? ~ 9. Cultural desources. Will the proposal have s.5mf_caz: cas alts in: a. Adis [u rb ante to [he integrity of archaeologic al, pal eontolo¢ical. and/or hiatn ri gal raa ~~~.~oav _- n. 10. Health, Saf etv, and Nuisance Factors. Will the proposal have significant results In; a. Crea tlon of any health hazard or potential health hazard? __ ~ b. Exposure of people co potential health hazards? Y c. A risk of explosion or release of hazardous suhs [antes Sn Che even[ of an act idenc? __ 1 d. An Sncrease Sn the number of ind iv ld ua is or specfas of vector or pa[henogen is -rgan isms o: :ha axpcaure of Oeuvie to Such ~ ~ organisms? __ ~ e, Increase Sn existing noise levels? y f. Exposure of people [o potentially dangerous noise levels? - Y g. She cze atlon of objectionable ode rs? _ X h. An increase Sn light ar glare? g ~~ •E, ~a:•~E •;~ 11. Aes ch et SCS. Will the proposal nave signlf icanc res ui :s in: a. '.'be obstruction or degradation of any scenic •J is [d or View? x b. `he creation of an aesthetically of.`en slue site? - Y- t. A cor.f lice vi th [he ob}ec tlve of des l3nated or po cencial sr.enic corridors? ~ 1L. Lr! •tn_ and ?ab lit se rv~c_ Wi.. .`.e p:opasa ~ . have a signif Scan[ reed for new sys Gems, or alt erations to the following: a. Electric Fower? g b. \ac u:al or packaged gas? X <. Communica [ions systeas? g d. Wager supply? x e. Was tewacer facill ci.es? g .. r'Saod control s[ructcres? g g. Solid waste facilities? X h. Fire procecrlon? x ~ n.., ; _.. - Y j. schoo is' X k. Parks or other retreat to nal fa<ilicles? X i. Ya intenance of public facilities, including roads and flood control fat ilitles? X m. Other governmental services? X 1J. Ener¢v and Scarce ge sou rc es. Will the proposal have sc gn if icanc results cn: a. Use of substantial or excess ice fuel or energy? g ' b. Substantial increase in demand upon existing sources aE energy? X <. An increase in the demand for development of new sources of energy? A d. M Sncrease or perpetuation of the consucption of non-renewable fot^_s of energy, when Egos Lble renewable eaurces of energy are avallabla? K ~3~ --- ~ax2 S VcS ~~VA~ ~iO e. Substantial depletion of am' nonrenevabie or scarce natural :esour~e? X 14. `!andato r: Find in xs of Ste^if ica ^ a. Does the project have the paten cial to deer ace the quality of [he erv ironcen[, subs wnclal:v reduce the habitat of :ish or vildl ife spen es, cause a fish or wildlife population co drop below ae.lf su.,caining ieveis, threaten to eliminate a plane or aniaal cozmunl cy, reduce the number or restrict the range of a rare or endangered plant Or do imal or eliminate important examples of [he major periods of Californ!a history or prehis COry? g b. Does the project have the potential to achieve shot C-te^, [o the disad van cage of long-ten, environmental goals? (A sho:t-term Lmpacc on the environment is one which occurs 1n a rela[SVel_v brief, definitive period of tiae while long- term Smpac cs will endure well into the fueure). ~ <. Does the project have impac cs which are individually limited, but cumulatively considerable? (Como lacively considerable means chat the incremental effects of an individual project are considerable when viewed Sn cornecti on wick the effec [s of past proj eccs, e„u pw ue'v :e iucure pral ects). R d. Does the project have environmen cal effe<ts which will cauae substantial adverse effects on human beings, either directly or Sndf rec[ly? X II. DIS CUSS i09 CF Eb^,'I30Y~'1:TAL i\ALIIA7IOy (i.e., of af,'i:acive answers to the above questions plus a discussion of Fro posed mitigation measures). ~ 3 2- On the bas 15 of ih!s ln1t1a1 evaluation: i!nd the proposed pzoj ect COCL7 VOT have a sigaisicanc of Eec: Xx ; on the environcenc, and a :~E..n:T':c DECL'.A,\IIO`7 will be prepared. _ I find that although the proposed proj etc could have a signlf Scant ! ~ eifece on the env ironaent, [here vill not be a slgnii!tant ec cect in this case because the oitl^yaclon oeasures described on an attached sheet have been added to the project. A :;EG,:I :T_ DEC:.:~A.1TI0\ :TILL SE PRE?A.RED. I iL^d the proposed pro}eci )1>Y have a signsi scant effect on the `_ ervir.~enc, and an E:~t'I30:. ~~T i)ffAGI AEPOA7 is reGu/iced. Dace $ ~~°"6"-`r--~ Signac i Ti c1e ~ 33 CITY OF RANCHO CGCAMONGA STAFF REPORT DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Judy A. Acosta, Engineering Aide ,- ~ ~ 'r, SUBJECT: Approval of the detachment of Tract No. 12659-1, located on the southwest corner of Etiwanda Avenue and 24th Street, and Tract No. 12870, located on the north side of Highland Avenue between Etiwanda Avenue and East Avenue, from Landscape Maintenance Oistrict No, 1 and ordering the annexation of Tract Nos. 12659-1 and 12870 to Landscape Maintenance District No. 1 RECOMNEMDATIOM: It is recommended that City Council approve the attached resolution ordering the detachment of Tract Nos. 12659-1 and 12870 from Landscape Maintenance District No. 1 and annexing same to Landscape Maintenance District No. 7 and approving the final Engineer's Report. Background/Analysis Presently Tract No. 12659-1, located on the southwest corner of Etiwanda Avenue and 24th Street, and Tract No. 12870, located on the north side of Highland Avenue between Etiwanda Avenue and East Avenue, are included in ~ ~l~ i`q 11i LCIlO I1LC Yii Yi iV4 I,V• •~~ ~~ ~! VVi v• , ~ ~~~,~ ~lG LUIIViL4 C VY4 NIC ICS. C IILI CU LOIIU ibu Maintenance District Master Plan Area suggests that these tracts be included in the Landscape Maintenance District No. 7. Staff recommends that the sub,j ect tracts be detached from Landscape Maintenance Dt strict No. 1 and annexed into Landscape Maintenance No. 7. Presently these tracts are unoccupied and are currently under construction. The developers of the sub,{ect tracts have been notified of the public hearing by mail. The attached resolution also approves the Engineer's Report tentatively approved by Resolution No. 89-333. Re spec ' submitted, ~ r /.- v ' RHM:JAA`sd" Attachments ~3`f RESOLUTION N0. ~ / ~~ ` A RESOLUTION OF THE CITY COUNf.IL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE DETACHMENT OF TRACT NOS. 12659-1 ANO 12870 FROM LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND ORDERING THE WORK IN CONNECTION WITH THE RNNEXATION OF SAID TRACTS TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12659-1 AND 12870 WHEREAS, the City Council of the City of Rancho Cucamonga, California did on the 19th day of July, 1989, adopt its Resolution of Intention No. 89-334 to order the therein described work in connection with the detachment of Tract Nos. 12659-1 and 12870 from Landscape Maintenance District No. 1, and the annexation of said tracts to Landscape Maintenance District No. 7, which Resolution of Intention No. 89-334 was duly and legally published in the time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of Lhe City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements described in said Resolution of - ';a; -d;rr - - -~ - . ... _., y the~same appears on the last mailing nor as known to the City C1erk~ofVthe~Ci ty of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the ,jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired ,jurisdiction to order the proposed work. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Rancho Cucamonga, as follows: SECTION :• IL hereby res^1•red by ire City Council ^f the C. 4y ^f Rancho Cucamonga that the public interest and convenience requires the detachment of Tract Nos. 12659-1 and 12870 from Landscape Maintenance District No. t, and the annexation of said tracts to Landscape Maintenance District No. 7 and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 89-334, be done and made; and X35 RESOLUTION N0. PAGE 2 SECTION 2: Be it further resolved that the report filed by the Engineer s ere y finally approved; and SECTION 3: Be it further resolved that the assessments and method of assessmen n e ngineer's Report are hereby approved. SECTION 4: Be it finally resolved that said assessments shall not begin unt a er 0 percent of said tracts have been occupied. d CITY OF RANCHO CUCAMONGA Engineer's Report for Landscape Maintenance District No. 7 for Annexation of Tract Nos. 12659-1 and 12870 SECTION 1. Authority for Report This report is fn compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex ail new subdivisions into Landscape Maintenance District No. 7. The City Council has determined that the areas to be maintained will have an effect upon all lots within Tract Nas. 12659-1 and 12870 as well as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained to the annexed tracts are shown on the recorded Map as roadway right-of-wdy or easements to be granted to the City of Rancho Cucamonga. SECTION 3. Plans and Specifications The plans and landscaping are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subJect tract map ar development plan and the assessment diagram for the exact location of the landscaped areas. The plans and specifications for landscaped improvement on the individual development Ts u G~j V ~m4 4u ~i 1<yV14 W 4VG TYING <n 4<i14 Yi 11 iY IV ~I, Y10 YYV specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will be constructed by developers. Based on historical data, contract analysis and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty (f,35) cents per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. The estimated total cost for Landscape Maintenance District No. 7 including this Annexation is as follows: Existing T`is NEw District Annex. Total (Phase 1 ons ruction) Landscape Area (Sq. Ft.l 268,482 37,500 305,982 Trees IEa.I 572 261 833 No. of D. U. 113 205 318 ~~ / Lot Annual Assessment 305,982 x f0.35 = f107,094 833 x f5.00 - f 4,165 TOTAL f111,259 f 111,259 = f349.81 318 Assessment shall apply Lo each lot as enumerated in Section 6 and the attached assessment diagram. Nhere the development covered by this annexation involves frontage along arterial or collector streets, which are designated for inclusion in the maintenance district but wilt be maintained by an active homeowners association, these assessments shall be reduced. SECTION 5. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and labeled "Exhibit q" and "Exhibit B", by this reference the diagram is hereby incorporated within the text of this report. SECTION 6. Assessment Improvements for the District are found to tre of general benefit to all lots within the District and Lhat assessment shall be equal for each unit. Nhere there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. The City Council will hold a public hearing in June, to determine the actual assessments based upon the actual costs incurred by the City during the previous fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events 1. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 2. City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 3. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. ~. C.u~y r~ui' iii i•iay, tiie Cii,r u~y inem iiiea a ieyurl wi Iii Lire Ci iy wun~ii. 5, Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. cJ Properties and ingrovenents to be included within this annexation to Landscape Maintenance District No. 7: MAINTAINED AREA TRACT D/U Sq: Ft• ~,_F~ aE c~ 12659-1 138 Interior Streets --- --- 221 12870 67 Eti Wanda Ave. --- --- AO Trait 31,500 --- TOTAL --- 37,500 261 X39 AJSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 a' 1 II ,.v~si0'~w CTPY 01 RANCHO COCAYONGA s~. 0OUNT1f 01 sAN BIZRNARDIIi0 c: ~ i SPA'1'S OI CALIII'ORNIA -~- N J ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE D18TRICT NO. 7 LEGFNC FCR CITY MAN'CENAN CE AREAS LANDSCAPE AR4A ~~ EG4a'.T 0.l AN TaA\L ~ $Ta4CT ~\6aTi 5~~~~! ;^ CN11•'T~f~D~>~ RAN~C~Hv~~C~OCviA~1~L1D~}K~Q/~A ~ • ~ ~ • a W V A i i ~1 vAi~ Y~y~AaY/i{~Y O • •?'PZi _; ' • sreTS of cArn~oRNtA N V~~ 1 -CITY OF RANCHO CUCAMONGA STAFF REPORT ~~: DATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Magut re, City Engineer BY: Nalt Stickney, Associate Civil Engineer I'~ SUBJECT: Approval of Envt ronmental Ini Llai Study and issuance of a III Negative Declaration for the Etiwanda/San Sevaine Area Master Plan of Drainage Report RECOMMENDATION: I' It is recommended that the City Council adopt the attached Resolution accepting and approving the Environmental Ini tt al Study for the Etiwanda/San Sevaine Area Master Plan of Drainage Report and issuance of a Negative Declaration therefor and direct the City Clerk to file a Notice of Determination pursuant to the California Environmental Quality Act. BACKGROUND/ANALYSIS On August 2, 1989, the City Council approved the updated Etiwanda/San Sevaine Area Master Plan of Drainage Report. The report addresses drainage issues in the Etiwanda and San Sevaine areas and is based on the ultimate construction of the Etiwanda/San Sevaine Regional Mainline System which will be a County facility. That Regional Mainline System 1s part of the Day, Etiwanda and San Sevaine Creeks Drainage Plan, which is a master drainage plan for those three watersheds, and the Master Plan for the San Sevaine Channel which Tncludes that poriton of the San Sevaine Channel in Riverside County. In 1985 the San Bernardino County 0oard of supervisors approved an environmental impact Report Certification for the Day, Etiwanda and San Sevaine Creeks Drainage Plan and the Master Plan for the San Sevaine Channel in addition to the Day Creek Nater Protect. The sub,iect Environmental Initial Study, references the EIR Certification stated above due to its Importance to the Etiwanda/San Sevaine Area Master Plan of Drainage Report, It is the Engineering Staff's finding that Lhe proposed project could not have a significant effect on the environment and therefore recommend the Issuance of a Negative Declara Lion. Res `submitted, / ~~~ ; l "/ l//~~~~"~ RHM:P :LY Attachments ~ ,/ ~ RESOLUTION N0. ~q-37g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADP ROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE ETIWANDA/SAN SEVAINE AREA MIASTER PLAN OF DRAINAGE REPORT WHEREAS, the Etiwanda/San Sevaine Area Naster Plan of Drainage Report shall be subJect to comply with the California Environmental Quality Act necessary to protect, rehabilitate and enhance the environmental quality of the State; and WHEREAS, an Environmental Assessment Initial Study has been prepared pursuant to the California Envirorxnental Quality Act, as amended; and WHEREAS, the Ctty Council of the City of Rancho Cucamonga has for its consideration all the available inputs and has reviewed same concerning the Etiwanda/San Sevaine Area Master P1 an of Drainage Report NON, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1; The City Council of the City of Rancho Cucamonga hereby approve~~nvironaental Assessment Initial Study and issuance of a Negative Declaration for the Etlwanda/San Sevaine Area Master P1 an of Drainage Report SECTION 2: The City Clerk is directed Lo file a Notice of Determinat one pursuant to the California Environmental Quality Act. ~ ~3 ENVIRONMENTAL REVIEW APPLICATION INITIAL STUDY -PART I GENERAL For all protects requiring envirommental review, this form must be completed and submitted to the Development Review Committee through the department where the protect aDDlicat ion is made. Upon rece t0t of th is aoDlicat tan, the Planning Division staff will prepare Part II of the Initial Study and make recommendations to Planning Comaissian. The Planning Commission will make one of three determinations: (1) The protect will have no significant environmental impact and a Negative Deelaration will be filed, (2) The protect w1i1 have a significant environmental i~act and an Env irommental Impact Report will be prepared, or (3) M add It tonal information report should be suppited Dy the applicant giving further information concerning the proposed protect. Date Filed: sly 6, 19e9 PretKt Tit 1!• Et iwanda/San sever ne Area Master plan of Drainage Applicant's Name, Address, Telephone: city of Rand,o Cucamonga, 9320 Base Line ecad Ru:eho Cuca.~mn4a, CA 91701 (lid) 989-1862 Name, Address, Telephone o1 Person To Be Contacted !'nn__. nine •Me DrM Ot'.. _ _ - -u„inner. ~i cv ox Rancho Cucamonga, 9320 Base-Line .Road, Rancho Cucamonga, CA 91701 LOCdtial Of Prot Kt: Etiwanda and son Sevaine Areas - typica il;~ nest of Etiwanda Avenue within the Ci [y limits artd Sphere of Influence Assessor's Parcel Ne.: Not applicable List other permits necessary fray 1oea1, regional, state and federal agencies and the agency issuing such permits: None ~~ PROJECT DESCRIPTION PrOpoSed USe or proposed pro,j ect: Drainage master plan which determines deve lopnrent criteria and dzai nage fee strvcture and amounts Acreage of pro,i ect area and square footage of existing and proposed buildings, if any: 5 063 a• e - 6uildi ng a of 1' abl Describe the environmental setttn of the pro~ect sf to lnclud inq information on topography, so stab ty, p ants (trees , land animals, any cultural, historical ar scenic aspects, land use of surrounding properties, and the description of any existing structures and their use (attach necessary sheets): The azea is basically undeveloped with 4 or 5 areas of small developments (10-15 Acres each). Typically the soil is a sand or gravel with some patches of sandy-loam soil, A portion of the area contains windrows of eucalyptus. The land use varies from 2 DD's/AC to a-14 DU's/AC north of Foothill Boulevard and typically Industrial south of Foothill Boulevard. is the pro~ett part o1 a larger Dro~ect, one of a series at cumulative actions, which although lndivldually small, may as a wlwle have 5lgntficant environmental impact This_ =tez 1 ~ p~a.~ ; - - :-~r ~,.. ban Be rn artlino County Flood Control Di st ri cf.~s Etiwand a/San Seval ne Flood control project. ~ ~~_ I-2 YILL THIS PYOJECT• YES NG 1. Create a substantial change in ground contours? _ x 2. Create a substantial change in ex l5ting noise eP produce vibration or glare? X _ 3. Create a substantial change in demand for munfcipal ' services (police, tire, water, sewage, eic.)7 x 4. Create changes in the existing Zoning or General Plan des ignat tonst _ x 5. Remove any existing trees2 How many?- ~, x 6. Create the need far use or disDOS a1 of potentially hazardous materials such as toxic substances, f lammab les or exp lasives2 _ x Explanation of any YES answers above (attach additional sheets if necessary): :f the master storm drain systems aze constructed noise mitigation would be required only during constrvction and Storm drain maintenance services would be required. 7. Estimate the amount of sewage and solid waste materials this protect will generate daily: None. 8. Estimate the number of auto and truck tr1DS generated daily by chi. project: vunng construcu on only. 4uanti ty undeterminable. 9. Estimate the amount of grading (cutting and filling), required for this project, in co Die yard S: Excavation of temporary drainage basins may be regmre ize o as ns vary. 10. If the project involves the construction of residential units, compiete the form on the next page. Not applicable. CERTIFICl1Ti011: i hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can De made by the ~lanrting Division. ~ ~ n (`. ~i I ~ Oate• 7I'~iT 5lgnature,l 1~ ~. ~r_ r\ T1ele Associ atey CS vii engi neer 1 `f~ I-3 RES IOENTIAL CONSTRUCTION The following informattan should be provided to the C1ty of Rancho Cucamonga Planning Division in order to aid the school district in assessing their ability to accommodate the proposed residential deve lapment. Developers are required to secure letters fran the school district for accommodating the increased number of students prior to issuance of building permits. Name of Developer and 7entatlve Tract No. SDeciflc Location of PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL 1. Number of single family units: 2. Number of multiple family units: _ 3. Oate DroDOSed to begin construction: _ 4. Earnest date of oeeuoaneve Modal! and ! of Tentative 5. Bedrooms Price Ranae I I-4 CI :Y OF RA.VC!?0 Ct•C;~`!OXGA ?ARI is - IYI ..AL 5~ ~Y APPLI C,:: ^': City of R cho cu~amnnn= FILI50 DATE: duly 6, 1989 LOG *fU?OlER: 19-4637-8766 PROJEC'.: F,t iwanda/San Seyai ne A M t R1 r PROJECT LOCATION: Etiwanda and San Sevaine Tributary Areas Z. ENV:AO::`4'`;TAL 2?D'AOTE (Explana [Son of all "yea" and "magbe" anavera ar• required on attached shee cs). YES Y4Y9E NO 1. Soils and Geolo¢v. Will the proposal have a:gniacanc ruulca in: a. unscab le ground eondie ions ar in changes in geologic relatlanshipa? x b. DSsrupciona, dlaplacementa, compaction or burial of the soli? x c. Change in topography or ground surface contour intervals? x d. The destruct lon, covering or modifleatlon o! any unique geologic or phya seal leacurea? x •• My potentlal lncrna• £n wind or voter eroa Smn of soils, af!eccing •leher on or of! a ic• condl ecna? x !. Changes in eroa lon allcacion, or depa slc ion? x g. Exposure o[ people or property to gaolo gie hazards such a earthquakes, lands lido, mud- alidu, ground failure, or similar hazards? _ h. M increate !n ch• rate oL exeraeclan and/or uaa of any mineral resource? x 2. Nvd ro lo¢y. will the proposal have sign if SCan~ results in: ~ _/(-~ YES __ a. Change! Ln curzen is, oz :he courac of direcclon of flowing screaes, rivers, or epn e_eral scream channt ls? x 6. Chan gea Sn absorp ci or. :aces, drainage patterns, ar the rata and amours: of surface va cer runoft? X c. Alcerat lone to cht course or floe of flood vacera? ri_ d. Change in ehe amount of surface va cer in arse ~ body oP voter? y ~ _ e. Discharge in tm aurf u• vacera, or any aloe za cion of surface eater quality? X f. Al teraclon of groundva cer charac tezlacica? ~ __ _ g. Change Sn the quantity of gzaundvc•ra, either through direct addiciona oz vich- dravala, or through incerferenc• with an aquifer? Quality? X Quantity? x _- _ h. 1'he reduction Sn ohs amount o[ voter o[her- viae available for puhlic eater aupplfea? x 1. ExDO•ure of D•ople or property co eater related hazard! ouch a flooding oz aeichat? X J. Air Quali cv. 4111 ch• proposal have tianiflcanc r..wu in: •. Con•canc or periodic air emlaelona from mobil. or indinec aourtu? _ r stationary •oureea? a x b. Dee•rlorae Son of ambient a1r quality and/or lnurt•rmce vich the atcainmenc of applicable •SS quali cy acandarde? _, X e. Alcezaeion o[ local or regional ellmatlc condielona. of Nceing air mowmen e, mola cure or [empe nature? ~ __ X 4. gLota Flora. 4111 ch• propoaal have algnlilc ant r•eulc• in: a. Change in the Maroc ceriacica o[ apeciea, lnclud ing diveroicy, dUCribucion, or number of any ap•c lea of piano? 7~ /!~ / _ ~~ X b, ` f / g•dueeion of eh• numb era~ahy unique, rare or eadang•red ap•cl•e of plan ca? ~ ~_ R c. Int ro duccicn o: acv or dlsruptive species of plants Saco an area? d. Reduction in :Se po;en vial Eor ago rul :u ral pTOCUCrl:n? ?aura. 'di:: the proposal have signiEi:an; resuics ir.: a. Change in the characcerlacics of species, including dlversicy, dis cribu;ian, or numbers of any species of anlmala? b. 0.educclon of the numbers of any unique, :a:e ar endangered species of snits ls? c. Lncroduccien of nsv or disruptive species of aniaa is Snto an area, or result Ln a barrier co the Agra cion or owvemene of animals? d. Det er ioratlon or removal of axiating flah or wildlife habitat? 5. Pooulac Son. Rill [hs prapoaal have slgnif !cant resuics in: a. Rill the prapoaal alter cha location, d1s[ri- bucion, density, dlvsrsity, ar growth rats of the hu:.an population of an arse? b. .•.• the proposal affect exiating housing, oz <reace a deeand for additional housing? 6. Soc lo-ECOnnmtr Ear.n.. u~i+ .~_ ______.. ~.... ___ ..._ T._z_--- ..-.- signc:icanc rssulea in: a. Change Sn local or regional aoc lo-economic charsccerlsclca, including economic or commercial dlvsralcy, tax rats, and proparcy value? b. Rill pro~ecc eats be equira6ly dlacr ibu tsd among prolecc bensEiciaries, i.s., buyers, eax payers or pzol etc users? 1. Land :'se and Plannln¢ Cana iderstlo na. R111 cha proposal have signlf SCan~ resuics 1n? a. A auhiranTi al al ce:ation - •ha present yr planned land uas of an area?~ b. A tonf lice with any daslgnacions, ableecivea. pollcfea, ar adopted plans o[ any govsrnnsncal en[1[Sea? ~\) S c. M impact upon the gala lt~or quantity of ezlscl ng consumpclve or non-eonsump clue rec rescionsl opporcunlclss? _ ,_ X x x x x X x X x x X X x ~~~2 vr5 - g. transocrtaclon. Hill the proposal have sign if Scan[ relul ca !n: a. Cenencfon of sub scancial addle Tonal vehlc~la: mavemen c? X b. Effects on existing streets, or demand for nev scree[ tom cruttion' x e. Effec ca on existing parking fat 111 ties, or demand for nev parking? ~- X d. Subs tent Sal impact upon existing czansporca- elon eyacefu? ,_ x e. Alcerat lone co presto[ pat urns of citeula- eion or movement of people and/or goods? x f. Alceracions to or •[tec es on praaanc and po eenclal voter-borne, sell, moos trans![ or a1r trot tic? X g. Inerqua in traffic hazards to motor vehicles, bicycllan o[ pedea ctians? _ ~ 9. Cultural Relourcu. Hill the proposal have signif Scan[ resoles !a: a. A die eurb:nc• eo the lneegricq of archaeological, palaoncaloglcal, and/or his carical seaources? x __. l:n, Saiecv, and Nulaanu Panora. Hl11 the Dzo poul Nve significant ruul cs l.m: a. Creation o[ anq hutch hazard nr pocmclal hutch hazard? _ p % b. Exposure of people co potutial hutch hazards? _ ~- x e. A risk o[ explosion or talease of hazardous substanps in the ewrtt o[ ax accident? x d, M intrust 1n the number of ind lviduals or ^paclas of vector or pacheno gen it organisms or CM expofure o[ people to such organisms? x •. Inereu• !n ex lsting noise levels? ~ % _ _ f. Exnn.u.. „r ^r ccpic ~u po [socially dangroua no iaa level!? ~ / _ X g. the cr uclan of ob eu lonabl• odor? x h. M inereass in light or glare? x ~.: 11. Aeschec lcs. :7131 the proposal have sign if l<anc re su i ca in: a. She ohscruc clan ar degrade clan of any scenic vls ea or vleu? g b. 'he creation of an sea check ally offensive site? x c. A conflict ul eh ch• obJ ec [iva of designated or pocancfal acanic corrSdora'. x 12• Util ities and Pub lie Services. Hill eh• proposal have a signifiunc nud for nw syacros, or al ceraclona co eha follwine: a. Electric povet? ,_, _ _ x b. Natural or Dackagad gas? x t. Cos®unicaeions sya tam? ,~ x d. Hsar supply? _ y, e. Vascwacar fae111t1af? ~ ]S.. E. Flood con[ro3 attucturn? ,$, g. So ltd vaac• factliciaa? _ ~. h. Fits pro ucc Son? ,_, .]1 1. Police procaetion? ~ g J. Schools? _, „_ ~ k. Parks or ocher raeraacioal tacSll ti aa? _ x 1. Naincananea of public fee ilSClaa, including cords and flood concrnl tac111ciaa? x A _ m. Other govaramantal farviua? ,_ ~ x 1J. Enara_y and Seare• Reaou rt aa. Will the Dropoaal have algnif Scant rasulca in: a. Usa of aubseane3al or axnaaly Rwl or anargy? ~ x b. Subacanclal Snereaa• Sn dmand upon •xifeing eau rc ea of energy? _ , ~ x c. M lneraaaa Sn eha dmand for davalopmanc of ner aourcaa of energy? ~ ,_ x d. M Sncreau or parpacuatior. o[ eha consumption of non-ranwabla forma of anargy, vhan fualhl• ranwabla aourus of ansrry au availab la? _ i ~ ~~~ :3:2 e. SuDa cancial dep le clon of any nonrenewable or acarc• na coral resource? _ x 16• Mandatory F!nd Snas o• SS¢~'r•- nce. +• Doea th• pro]ecc have ch• pot en eial co degrade the gwll cy of cha envlronmenc, auba cancially reduce cha habi tat of fish or vSldlifa apeciea, Cause a fish or v11d11f• population to drop below self auataining lewla, ehruean eo altminac• • plant or animaY eosmuniey, reduce the number or raacrlct the range ct a rare or endangered plan[ or animal or eliminate impor4nt examplaa o[ cha ma]or parloda of California history or preh'a corq! _ x b. Doea the pro]ect have the potenclal to achieve ahorc-srm, co cha dlaadwnuga of long-usm, environmental goals? (A shot[-eacm !spat[ om cha amironment is one which occurs Sn a ralatlvely Dr1ef, definitive period of elms while long- tets lmpacta will endus wll~into cha tutus). _ __ x e. Doea cha pro]ett have lmpaeta which ass individually limieed, but cumulatively conalderablet (Cumulatively eoneYderable means chat cha increment al dtects of an individwl pra]eee as considerable when viwed in eonnetclon wish the •Lfecca of peat pro]ecca, and probable futus pro]aeta). ~. ~ d. Dou cM pzo]ect haw envlronmencal etteeta which will uuw auDacantlal adws• dtatta on husun belaga, either directly or indirectly? _ X YI. DISCUSSION OP gNtZAONlO;MIAL CVALVA220N (i.e., of alfirmaclve ans~ara co the above Quea cioM plus a diuwalon of proposed nitigation maaaures). ~ 53 ~+ge :` III. DETEZNI4ATIDY On the basis of ehla Sniclal evaluaclon: L find [h• proposed Aral etc GOCL7 402 have a signlflcAnc dfeet a on ch• anvl zonman c, and a b'EGA2IVE DECLAAA7I04 will ba prepared. I find chat +l though cha proposed prof etc could have a slgniflcanc I 1 effete an Cha anvlronmenc, thsra u111 not ba a slgniflcanc sifeec LJ 1n this case becauaa cha ml cigacion muaurea dascrlbed on an aetsched sheaf have been added co cha prof ee c. A 4EGAIItT DECLARATI04 HILL BE PREPARED. I find cha proposed prml etc !'AY haw a significant effect on the „__ envirraaan c, end an &`NIR04,~N[ L`0'AO? REPORT reQul red. e~~ Date ~'~ ~ .1 !n ~~ Diccnccion of En '*n~mrntat Fval_~,atiom This master plan was developed in coordination with the San Bernardino County Flood Control District's Etiwanda/San Sevaine Flood Control Project. On June 10, 1985, the San Bemardio County Board of Supervisors certified an Enveronmental Impact Report covering the Day Creek Water Project; Day, Etiwanda and San Sevaine Cteeks Drainage Plan and Master Plan for the San Sevaine Channel. 1. Soils and Geology f. Erosion siltation will be substantally reduced. Any remaining siltation will be concentrated al storm drain collection points. 2. Hydrology a. Exisdng streams will be routed into drainage facilities (s[ottn drains). b. The Day, Etiwanda and San Sevaine Environmental Impact Report (DESEIR) states that the Day, Etiwanda and San Sevaine Cteeks Drainage Plan will "result in a significant increase in the amount of groundwater being recharged to the Chino Basin". While the surface water mnoff will have a minor increase due m the construction of drainage facilities, the regional system proposes [o construct various recharge facilities. c. Flood waters wiB be confined to improved drainage facilities thereby [educing flood waters to the allowable level as determined by the San Bernardino County Flood Control District d. The volumn of water in various retention facilities will be increased due to the containment of surface rnnoff throughout the Etiwanda/San Sevaine System. These retention facilities include the San Sevaine and Victoria Basins. f. The DESEIR states that a significant increase in the amount of groundwater being recharged will cesult due to the Day, Etiwanda and San Sevaine System g Tne LESEIR states that the depths to groundwater ate sufficient to accomtrmdate the rise in water levels without creating hazardous conditions. The auanrirv of groundwaters is expected to increase~(see items 26,d and f above). 3. Air Quality a. Only during the construction of drainage ~~ facihties due to equipment. 6. Socio-Economic Factors a. There may be an increase in property values due to the ability to flood protect and thereby making development economically feasible. b. A fee nexus has been established betwcen the benefit derived to development and the cost to that development 10. Heal[h, Safety, and Nuisnace Fac[ors e. Existing noise levels may be increased only during the period of dte conswcrion of the drainage facilities. 12. IJrilities and Public Services f. The purpose of the Master Plan is to identify needed drainage facilities in order to flood pmtec[ the Etiwanda and San Sevaine Areas. t. The conswetion of the identified drainage facilities will result in the need for maintenance of the facilies. ~~ - ----- CITY OF RANCHO CL'CAMONGA _ STAFF REPORT DATE: August 16, 1989 ~~; T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer ~, BY: Walter C. Stickney, Associate Civil Engineer i SUBJECT: To introduce an ordinance adding a new Chapter 13.09 to the Municipal Code establishing a drainage fee for ail new it developments within the Etiwanda/San Sevaine local drainage area REC01/EIOATIOM: It is recommended that the City Council conduct a public hearing and introduce the ordinance relative to the establishment of an Etiwanda/San Sevaine Area Drainage Plan. Background; Analysis Oue to the enactment of Assembly BT11 1600, public agencies are required rn chow that a relationship exists between the need fer public improvements (in this case drainage facilittesl and the impact (drainage fees) on development caused by that need. To meet the requirement of A81600, a master plan of drainage was prepared and subsequently adopted by the City Council on August 2, 1989, for the Etiwanda/San Sevaine Area. in order to implement that plan and revise the fees in the Etiwanda/San Sevaine Area to the amounts as recommended in that plan, Tt has become necessary to amend the Municipal Code to include a section which permits the Council to reference that master plan and update the drainage fees accordingly in that Etiwanda/San Sevaine Area. In a future action, Staff will approval, a resolution updating Area. That resolution will be adopted Etiwanda/San Sevaine Area be presenting to the Council, for it's the fees in Lhe Etiwanda/San Sevaine based on this ordinance and the newly Master Plan of Drainage (August 19891. Respec C~NNy 'submitted, i // i !~'/ ~ RHM:WCS s,im Attachment .~ 5 -7 ORDINANCE N0. y- 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ADDING A NEW CHAPTER 13,09 TO THE RANCHO CUCAMONGA MUNICIPAL CODE, ESTABLISHING A DRAINAGE FEE FOR ALL NEW DEVELOPMENTS WITHIN THE ET IWANDA/SAN SEVAINE LOCAL DRAINAGE AREA The City Council of the City of Rancho Cucamonga does hereby ordain 33 fOll OwS: SECTION 1: Section 13.09 of the Rancho Cucamonga Municipal Code is to read as~ToTTows: ETINANDA/SAN SEVAINE AREA STORM DRAIN PLAN 13.03.010 Purpose 13.09.020 Drainage Improvement Fee 13.09.030 Fees--Amount 13.09,040 Limited Use of Fees 13.09.050 Fee Ad,~ustments 13.09.060 Single drainage fee payment 13.09.070 Developer Construction of Facilities 13.09.080 Drainage plan 13.09.090 Exceptions 13.09.100 Effective Chapter P;:r~os~ In order to implement the goals and ob,iectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda/San Sevaine Local Drainage Area, as described in Section 13.09.080, caused by new development, certain public drainage improvements must be or had to be constructed. The City Council has determined that a development Impact fee is needed to finance these public improvements and to assess such fee for a development's share of the construction costs of these improvements. In establishing the fee described tin the following Sections, the City Council has found the fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan. 13,09.020 Drainage Inprovement Fee A Drainage Improvement fee is hereby established for the Etiwanda/San oe.uine Lo~ol Oiainnye Area, Lu ue assessed on epyrovai of a ieniative map, a parcel map, the waiver of a parcel map, director reviews, site approval, ~5~ location and development in local drainage areas, to pay for drainage improvements. The City Council shall, 6y resolution, set forth the specific amount of the fee pursuant to Section 13.09,030, describe the benefit and impact area on which the development is imposed, list the specific public improvements to be financed, describe the estimated cost of the improvements, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. As described in the fee resolution, the development fee shall be Daid by each developer either prior to the recording of a subdivision map, a parcel map, the waiver of a parcel map or the issuance of a building permit. The City Council shalt review and adjust this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. This fee shall be adjusted on January 1 of each year by the Engineering News Record Construction Cost Index of January 1 of that year in proportion to a base index of 5771 (January 1, 1989). 13.09.030 Fees--Amount A. The fees required to be paid by this chapter shall be set by resolution of the City Council. 8. The City Engineer shall, in the exercise of his discretion, determine which fac111 ti es are to be constructed with a particular development as a condition of such development. C. Except as otherwise provfded in this chapter, the fee shall be based on the net of the area of the entire parcel, after exclusion of the area of all public street and highway rights-of-way and public lands, with respect LO wM Ln a Building Hermit 15 issued. 0. If the parcel with respect to which a Building Permit is issued is larger than one acre, the fee shall be based on: 1. The area of the developed portion of the parcel. As used in this chapter, the phrase "area of developed portion of the Darcel" means the area of that portion of the parcel lying within a single rectangle which encloses all improvements, landscaped areas, storage areas, parking areas, required access and required setback lines. 2. Notwithstanding the provisions of Subdivision 1 of this subsection, the fee shall not be based upon that portion of Lne area of Lne developed portion of the parcel which was lawfully developed prior to Lhe effective date of the original ordinance (Ordinance 75) originally codified in Chapter 13.08 and which remains unchanged; provided, however, that this exception snail 'cl~ / not apply once the total area of additions to structures, or new structures, constructed after the effective date of the original ordinance codified in this chapter, exceeds fifty percent of the area of Lhe structures on the parcel which existed on the effective date of the original ordinance codified in this chapter. E. Nhen fees are collected upon the issuance of a building permit, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the Building Official. Nhen fees are collected prior to the recording of a final or parcel map, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the City Engineer. 13.09.040 Limited Use of Fees The revenues raised by payment of this fee shall be deposited in a planned drainage facility fund in a separate and special account and such revenues, along with any interest earnings on those accounts shall be used solely to: (a) pay for the construction of facilities described in the resolution enacted pursuant to Section 13.09.020 above, and/or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources, or (b) reimburse developers who have been required or permitted by Section 13.09.070 to install such listed tact noes. 13.09.050 Fee Adiustments A developer of any project subject to the fee described in Section 13.09.020 may aDPly to the City Council fora reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the drainage or flood control impacts of that development and either the amount of the fee charged or the type of facilities to 6e financed. The application shall be made in writing and filed with the Cfty Clerk not later than (11 ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building DermiL. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Councii shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever 1s later, The decision of the Cfty Council shall be n nat. tf a reduction, adjustment, or waiver 1s granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. ~ (~ D 13.09.060 Single drainage fee payment No portion of a parcel shall be subject to payment of a drainage fee more than once. If a drainage fee has been previously paid with respect to a parcel, or portion thereof, credit shall 6e given for such prior payment, and a proper apportionment shall be made, toward any fee payment required by this Chapter. 13.09.070 Developer Construction of Facilities A. Nhenever the construction of planned drainage facilities is necessary for the proper drainage of a subdivision, the City Engineer may require the subdivider to construct such facilities as described in a resolution adopted pursuant to Section 13.09.020, with credit being given by the city toward any fee payment required by this chapter. If the cost of such construction exceeds the fee which would otherwise by payable with respect to the subdivision, the City Council will enter into a Reimbursement Agreement with the developer. In the event a Reimbursement Agreement is entered into, reimbursement shall be made only after fees required by this chapter are collected in connection with a subdivision or development on other property in Lhe area encompassed by the local drainage area described in the Reimbursement Agreement. The basis of reimbursement shall be the developer's actual cost of construction of the planned drainage facilities not to include any oversizing of the facility by supplemental size, length, or capacity. The term of a reimbursement shall be as specified in the agreement and shall not exceed 10 years. B. Planned drainage facilities constructed in a local drainage area mey ue eiigiDlP. tar relmDer5eme0L Tr0111 erects eu L5lde er SUCh area a5 determined by resolution of the City Council. C. Reimbursement of additional costs to the developer due to any oversizing of the facility by supplemental size, length or capacity may oe reimbursed from future development within that local drainage area. Any reimbursement shall be made at the time set forth in Section 13.09.020. 13.09.0&1 Drainage Dl an The Etiwanda/San Sevaine Area Master Plan of Drainage Report (August 1989), together with construction cost and other related material, revisions or amendments subsequently adopted by the City Council, are found to be the Drainage Plan for the Etiwanda/San Sevaine Local 6ra!nage Area as defined in tY~e Eti.andaiSan Sevaine Area Master Pian of Drainage Neport (August 1989). For the purpose of this chapter, "planned drainage facilities" means facilities contained within said Drainage Plan and subsequent revisions. Nhere the City Council has found that dralna9e and land use configurations are si gni ricanciy a7iterent, those areas may be separated into local dral page areas by resolution for the purpose of policy and fee requirements. ~WI 13.04.090 Exceptions Drainage fees shall not be required as a condition of the issuance of a building permit for: A, Alterations; B. Reconstruction. Nhere permits are issued within two years of the destruction of a structure due to fire, vandalism, wind, earthquakes or other natural or man-made disasters; C. An addition to a single-family residence when the addition does not exceed six hundred fifty square feet in floor area; D. Construction of garages, carports, storage buildings, patio covers, swimming pools, and similar structures, accessory to a single-family residence. 13.09.100 Effective Chanter Provisions of this chapter shall control drainage 1n the Etiwanda/San Sevatne Local Drainage Area as defined in the Etiwanda/San Sevatne Rrea Master Plan of Drainage Report (August 1989) notwithstanding any other statement in this code. SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause~Fie same to be published within fifteen (15) days after its passage at least once in ine uany Report, a newspaper or general circuian on published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. ~~ -CITY OF RANCHO CL'C'ANONGA STAFF REPORT GATE: August 16, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer eY: Walter C. Stickney, Associate Civil Engineer ':a _~ I, SUBJECT: The adoption of a resolution establishing a drainage fee in the Etiwanda/San Sevaine Area. RECOMMEIDATION: It is recommended that the City Council adopt a resolution establishing updated drainage improvement fees for all developments within the Etiwanda/San Sevaine Area. Background/Analysts In accordance with Assembly Bill 1600, it has become necessary for the City to show that there is a reasonable relationship between the need for the facilities identified in an analysts of needed drainage improvements and the impacts on development for which the corresponding fee is charged, and also that there is a reasonable relationship between the fee's use and the type of development for which the fee is charged. On August 2, 1989, the City Council adopted the Etiwanda/San Sevaine Area Master Plan of Drainage Report which analyzed the need for drainage improvemen cs and de ienni neu Liwse neeueu IaI.I IINCl, Jevei uyeu file corresponding cost estimates for those facilities, and determined an updated fee structure which will impact development in the Etiwanda/San Sevaine Area. The attached resolution will set the updated fee structure in place in accordance with the Droposed Etiwanda/5an Sevaine Area Drainage Plan Ordinance. The updated fees developed are based on a three-tiered drainage facilities fee structure. The tiers consist of: 1. Regional Mainline facilities fee 2. Secondary Regional facilities fee 3. Master Plan facilities fee In addition, the fee structure is divided Into benefit areas within the EtiwandajSan Sevaine Area. Encept in the Ldie of Sel:uitda ry Regl anal facilities, these benefit areas consist of the Upper Etiwanda, Lower Etiwanda and San Sevaine areas. All properties are included in one of the areas for both the Regional Mainline and Master Plan fees. Secondary lieyionai beneiic areas serve properiies iuce ced in more wnfi ned reyi Ulu; therefore not all properties may be included in this type. ~~3 CCSR AUGUST 16, 1989 PAGE 2 The current fee structure for the Etiwanda and San Sevaine Areas is: Etiwanda San Sevaine f 7,500 per net acre f 5,000 per net acre This fee covers the cost of City Master Plan facilities. with the adoption of this fee resolution and the proposed Etiwanda/San Sevaine Area Drainage Plan Ordinance, the fees will be updated to the following: Regional Mainline facilities: Upper Etiwanda f 7,750 per net acre San Sevaine f 2,530 per net acre Lower Etiwanda f 0 per net acre Secondary Regional facilities: Victoria (Victoria Basing f 400 per net acre Henderson/Nardman f 6,660 per net acre Nawker-Crawford f 3,660 per net acre UDPer Etiwanda Interceptor S 2,040 per net acre City Master Plan facilities: Upper Etiwanda f 9,000 per net acre pan Sevaine > 3,i~u per nec acre Lower Etiwanda 517,000 per net acre A net acre is defined as that property exclusive of public street and highway rights-of-way and public lands. These updated fees will take effect on the effective date of the proposed Etiwanda/San Sevaine Drainage Plan Ordinance (30 dAys after the second reading of the Ordinance), Alt new development will be required to pay the updated fees if the time set forth for payment of their fees occurs on or after the effective date of the ordinance. Respectfully submitted, ~~~ _ Rf9d:NCta_d ,,~ Accaciimenc d RESOLUTION N0. V I- 3 7 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTADLI SHING UPDATED DRAINAGE IMPROVEMENT FEES FOR ALL DEVELOPMENTS MITIIIN THE ETINANDA/SAN SEVAINE LOCAL DRAINAGE AREA OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga has adopted Ordinance No. 4 ~2 creating and establishing the authority for imposing and charging an Etiwanda/San Sevaine Area Drainage Improvement Fee; and WHEREAS, a master plan of drainage study of the impacts of contemplated future development on existing public facilities in the Etiwanda/San Sevaine Local Drainage Area, along with an analysis of the need for new development was conducted, and said study set forth the relationship between new development, the needed facilities, and the estimated costs of those improvements. The study, entitled "Etiwanda/San Sevaine Area Master Plan of Drainage", was prepared by BSI Consultants, Inc., is dated August 1989, and was adopted on August 2, 1989; and NHEREAS, this study was available for public inspection and review fourteen (14) days prior to this public hearing; and NHEREAS, the City Council finds as follows: A. The purpose of this fee is to finance drainage facilities to n.. Ai~..n aLn nn an nC a'1 nnAJnn .nJ L.• Jn..n, .......n na ..J aLJ.. aLn .. .. i u.... ~~, r..~.:i ::gin ........u :.:.Y.... .- ~ .... ...J rnn.u ., .a .u,n .n. Etiwanda/San Sevaine local Drainage Area; B. The drainage fees collected pursuant to this resolution shall 6e used to finance only the public facilities described or identified in the "Etiwanda/San Sevaine Area Master Plan of Drainage"; C. After considering the study and analysis prepared by BSI Consultants, Inc., entitled "Etiwanda/San Sevaine Area Master Plan of Drainage", and the testimony received at a public hearing on February 1, 1989, the Council approved said study on August 2, 1989, and further finds that the new development in the Etiwanda/San Sevaine Local Drainage Area will generate additional flood hazards within the impacted area as described in the "Etiwanda/San Sevaine Area Master Plan of pralnage", and will contribute to the degradation of the public health and safety in that Etiwanda/San Sevaine _oc>_1 Dreir~g~ Area: D. There is a need in this described impact area for drainage facilities which have not been constructed or have been constructed, but new en non nt `, ^t rt-J,bct"~ 't^ f•;° shay o.ardn th^ f,ccill`' - and said~fac111t1es have been called far 1n or~are consistent with the City's Public Health and Safety Element of its General Plan; ~-(' RESOLUTION N0. AUGUST 16, 1989 PAGE 2 E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described publir, facilities and the impacts on development for which the corresponding fee is charged, and, also there is a reasonable relationship between the fee's use and the type of development for which the fee is charged, as these reasonable relationships or nexus are in more detail described in the stuQy referred to above; F. The cost estimates set forth in the "Etiwanda/San Sevaine Area Master Plan of Drainage" are reasonable cost estimates for constructing these facilities, and the fees expected to 6e generated by new development will not exceed the total of these costs. NON, THEREFORE, it is hereby resolved by the City Council of the City of Rancho Cucamonga that: 1. Definitions. For purposes of this resolution: (a) "Benefit area" is that property which is generally tributary to that particular drainage facility. (b) "Net area" is the net of the area of the entire parcel, after exclusion of the area of all public street and highway rights-of-way and public lands, with respect to which a Building Permit is issued. 2. A drainage Tmprovement fee shall be assessed upon approval of a tentative map, a parcel map, the waiver of a parcel map, director reviews, ai tc dy y, ur dl, iGCd ti uii diiu ~cici Gjni,ciit yiaii, wiiui vi viiai u>c Vci nu t, vi the issuance of a building permit for development 1n the Etiwanda/San Sevaine Local Drainage Area and shall be paid either prior to the recording of a subdivision map, a parcel map, the waiver of a parcel map of the issuance of a building permit, whichever occurs first, in the benefit area depicted and described 1n the "Etiwanda/San Sevaine Area Master Plan of Drainage". Nhen fees are collected upon the Issuance of a building penait, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the Building Official. Nhen fees are collected prior to the recording of a final or parcel map, the amount of the fee and the area for which the fee shalt be considered paid shall be deterniined by the City Engineer. In either case, the Building Official or the City Engineer shall determine if the development lies within this benefit area, the type of development and the corresponding fee to be charged in accordance with this resolution. 3. Fee. The fee structure shall apply to all development in the benefit area a~hall be based on the following schedule: r Y RESOLUTION N0. AUGUST 16, 1989 PAGE 3 Regional Mainline Fee Upper Etiwanda San Sevaine Lower Etiwanda f 7,750 per net acre f 2,530 per net acre f 0 per net acre Secondary Regional Fee Victoria {y{ctoria easinl Henderson/Nardman Hawker-Crawford Upper Etiwanda Interceptor Master Plan Fee Upper Etiwanda San Sevaine Lower Etiwanda f 400 per net acre f 6,660 per net acre f 3.660 per net acre f 2,040 per net acre f 9,000 per net acre E 3,100 per net acre f17,000 per net acre 4. Funds. Fees collected shall be placed into separate funds designated for~Tie construction of the applicable drainage facility. Fees from the three Regional Mainline areas shall be placed in a single fund for the construction of the Etiwanda/San Sevaine Regional Mainline System. Three separate funds shall be set up for the Upper Etiwanda Interceptor, Henderson/Nardman and Hawker-Crawford Secondary Regional areas. The four Master Plan areas shall contribute to a single Master Plan fund. The Victoria Basin Secondary Regional area shall also contribute the Master Plan fund in order to reimburse the City's Master Plan fund for the drainage facilities 1 ~ ~ A.. u .. ....J wiu u~uu u~ . 5. Use of Fee. The fee shall be solely used to pay (1) for the described publ c ac es to be constructed by the City; (2) for reimbursing the City for the development's fair share of those capital improvements alreaQy constructed by the City; or (3) to reimburse other developers who have constructed public facilities described in the "Etiwanda/San Sevaine Area Master Plan of Drainage", where those facilities were beyond that needed to mitigate the impacts of the other developers' Drolect or projects. 6. Fee Review. The City Council shall review and adjust this fee to determine whe er a ee amounts are reasonable related to the impacts of developments and whether the described public facilities are still needed. This fee shall be adjusted on January I of each year by the Engineering News Record Construction Cost Index of January 1 of that year 1n proportion to a b~ i.^.dex ^f 5??1 ;Jsnusry ~ 1484; Upon review, the Engineering Department shall report its findings to the City Council at a noticed public hearing and recommend any adjustment to this fee or other action as may be needed. 7 FiinMSve Ila•° That •Me p°enL2~i nn <hall ta4n nif°rh nn fF° effective date o sa r nonce Na. 402- ~~ -CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16, 1989 r'r~ T0: City Council and City Manager :~ FROM: Russell H. Maguire, City Engineer BY: John L. Martin, Associate Civil Engineer ~I SUBJECT: Public Hearing of protests regarding Eminent Domain action Lo acquire pabl is right-of-way for the Base Line Road Ni dening Projects between Victoria Park Lane and Interstate 15 at the properties located at 13096, 12658, 12659, 12951 and 13053 Base Line Road and 7322 Etiwanda II Avenue (APN's 227-131-08, 227-111-33, 221-171-19, 1100-011-01 and 06 respectively and 221-171-04) for the construction of street improvements across the frontage of said properties. RECOMMENDATION: Staff recommends adoption of the attached Resolution of Necessity - directing staff to proceed with condemnation of right-of-way for the construction of street improvements for the Base Line Road Nidentng Projects between Victoria Park Lane and Interstate 15 at the properties located at 13096, 12658, 12659, 12951 and 13053 Base line Road and 7322 Etiwanda Avenue (APN's 227-131-08, 227-111-33, 227-171-19, 1100-011-01 and O6 respectively and 227-171-04) in the City of Rancho Cucamonga. The Public Hearing for this item was rontinued from the Council Meeting of August 2, 1989. This is an Eminent Domain action to acquire right-of-way for the Base Line Road Nidening Projects, Phases I and II. The projects limits are between Victoria Park Lane and Interstate 15. The property owners of the parcels in question, APN's 227-131-08, 227-111-33, 227-171-19, 1100-011-01 and 06 and 227-171-04 have been contacted personally by staff and invited to attend neighborhood meetings to discuss the projects. Some property owners have met with staff, in the office and on site, to discuss the proposed projects. in all contacts, personally and written, staff has alerted the property owners of the City's intention to adomt a Resolution whereby upon development of each property, a condition of deveiupme ni wiii be to reimburse the City far frontage improvements plus the cost of right-of-way acquisition. As of this date, negotiations Lo acquire such right-of-way continue without execution of a purchase agreement or dedication. CCSR ~~V Re: Base Line Road Nidening August 16, 1989 Page 2 The property at 12659 Base Line Road, Assessor's Parcel No. 227-111-33 is presently owned by a Ms. Little. Engineering staff and the adiacent developer, Nilliam Lyon, have been attempting to resolve the dedication issue with Ms. Little for over a year. The dedication was a requirement of a residential development adjacent to this property. However, no equitable solution has been reached and the lack of dedication is prohlbittng street development which is now Imperative. Therefore, the Condemnation action is presently the last resort vehicle to insure the continuity of street construction and safety of the motoring public. Although negotiations continue, it is felt necessary at this time to enact a Resolution of Necessity to proceed with condemnation of such right-of-way for the proposed Base Line Road Nidening Pro,~ect. This is done to avoid further delays in constructing the improvements currently on hold due to lack of right-of-way. Respectf~ub'~nitted, RNM:dLM:pam Attachment ~~9 Q CIl'Y OF RANCHO CUCAMONGA ro,e olnn eo. Boa na~mo a,amaog.. e.wamu vlno. rw ws-re;i August 3, 1989 Rev Charles E Singleton Loveland Baptist Church 16668 Base Line Road Pontana, CA 92336 RE: 13053 Base Line Road Eminent Domain Action Dear Rev Singleton The City Councll met on the Eminent Domain Action and continued the Public Hearing to the August 16, 1989 meeting. IE you or your representatlva would like to speak at the Council meeting, it will be held at the Lions Center at 9161 Base Line Road at 7:30 PM. rf , . hw... anv mvwH nnw ntwwww rsi vw thw ondwrwianed a call. Cordially Community Development Engineering Division r /~ ohd L.;'"Martln Associate Engineer JLtd: Sm ~ 70 unulmrmMr. n•.r. tVilliam I Alexander Charles I. Buquel II ~ sbn.err Uenms L Sww Deborah N Brown Pamela I. Wright lack lam. AICP CI7Y OF RANCHO CUCAMONGA rwr uln« ao. noi„ a+•<no c~amo•e, c.hmmo cereo, irul cev.iusl Aug•.:st 3, 1989 Mr Rollin R. Smith et al C/O Dr. R. R. Smith 34 Harbor Sight Drlve Rolling Hills, CA. 90274 RE: 7322 Etiwanda Avenue Eminent Domain Action Dear Mr Smith The City Councll met on the 8minent Domain ActSOn and continued the Public Hearing to the August 16, 1989 meeting. If you or your representat Sve would like to speak at the Councll meeting, it will be held at the Lions Center at 9161 Base Line Road at 7:30 PM. ii yuu iawve waaY Vuvaiiw+a ~,ivsee yl.v ...v ,.,.u6•-ly.'. .. e ..e... Cordially Community Development Engineering Division John L. Martin ~'ASaociaie Engineer .LMias Q ~( unulmrmMr. a,.,,. William ~. Alexander ~ Charles ~, Boyuet II inr .Wn•er. Den nrs I. )hID1 Deborah \. Urown Pamela ~ Wrrghs ~a<M Lam. ,11CP Q CITY OF RANCHO CUCAMONGA rme om<e ea. m%. wr,me c~<amo~~,, e,ldemr, era. rw oev-rest Auquat 3, 1989 Mr Luis P. Mora et. al. 1056 East Arrow Hwy. Upland, Ca. 91786 RE: 13096 Base Line Road Eminent Domain Action Dear Mr Mora The City Council met on the Eminent Domain Action and continued the Public Nearing tc the August 16, 1989 meeting. if you or your representative would like to speak at the Council meeting, it will be held at the Lions Center at 9161 Base Line Road at 7:30 PM. If you have any questions please give the undersigned a call. Cordially Community Development Engineering Division .~~~ !~ John L. Martin Associate Engineer JLM;im ~~ uMrl m,mMrf vav.r, Wdlum i AI<.+nder Charles I. Buquel II om H.,.r,~ Denms L Slout Deborah N. Brown Pamela I WngM IacA Lam, AICP Q CITY OF RANCHO CUCAMONGA Auguat 3, 1989 Post Uffitt Bnr Ctll. Fancho CmmonH+. CalJOmu 91710. Ii 151 SB41H51 LeeMOria B. Crawford Mary Phyllis Bonahlre C/O Samuel Crowe Covington and Crowe PO 1515 Ontario, Calif, 91762 RE: 12951 ease Line Road Eminent Domain Aetion Dear Mr Crowe The City Council met on the Eminent Domain Action and continued the Public Hearing to the August 16, 1989 meeting. Z! you or your representative would like to speak at the Council meeting, it will be hold at the LSone Center at 9161 Baee Line Road at 7:30 PM. If you have any questions please glue the undersigned a call. Cordially Community Development Engineering Division ~~ John L. Martin /Associate Engineer ILM;Sm ~ 73 um JmrmMq Witham I AleHa nder ~~ Cha rlq I Buquel II Den m. L Shml Deborah ?.' Brown Pamela I Wnght Cnv aianarr. ia.k Lam. AICP ~- Q W Cil'y OF RANCHO CUCAMONGA Auquat 3, 1989 Oe Lilia Lopez Shirley Wren, Trustees PO box 63 Etiwanda, Calif. 91739 RE: 12659 Base Line Road Eminent Domain Action Deer Me Lopez ru:r ~Ih,e eo, em. rs,nrno cr,vmo~~., c,ldomn ai;aa. rlu rev~resl The City Council met on the Eminent Domain Action and continued the Public Hearing to the Auquat 16, 1969 meeting. If you or your representative would like to speak at the Council meeting, it will be held at the Lions Center at 9161 Base LSne Road at 7:30 PM. It you have any questions Dlesee glue the undersigned a call. Cordially Community Development Engineering Division i / ~~ / /~~ ohrv L. rtln Associate Engineer JLM;im ~~~ wnlmeeMn sr,vo~ William I Aleeander iu Cha rln I. Bugvet II nv ar..wo Den ms l Srom Uebnrah F Brown Pamela I tV nBhr lack Lam. AICP ~-'/ y~ CITY OF RANCHO CUCAMONGA Pmt Olficv Poi tl0~. P.an<ho Cucamonga. CalJomu 91TJ0, iii{I g9q.rg5r August 3, 1989 Maryland Little 9425 Reche Canyon Road Colton, Calif. 92324 RE: 13052 Hase Line Road Eminent Domain Action Dear Ms Little The Clty Council met on the Eminent Domain Action and continued the Public Hearing to the August 36, 1989 meeting. Zt you or your representative would like to apeek at the Council meeting, it will be held at the Liona Center at 9161 Bane Line Road at 7:30 PM. Zf you have any queetione please glue the undersigned a call. Cordially Community Development Engineering Division r OahnvL. Martin :/Associate Engineer JLM;im V / '""~' ~umi ~nrnHn William I .\leaander Charles I Buyu el II w wmuun Jen niah tihwt f)eborah \' Brown Pamela I WngM luk lam, .V CP RESOLUTION N0. 341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DECLARING THE PUBLIC NEED ANO NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF fOR APN'S 227-131-08, 227-111-33, 227-171-19, 1100-011-01 ANO 06 AND 227-171-04 A. Recitals (i) The City of Rancho Cucamonga has conducted a study pertaining to the design, construction and street widening protect for Base LTne Road. Based upon the study conducted, it has been determined that the most reasonable and feasible alignment for the proposed street widening will require the acquisition of right-of-w.'lY across a portion of the properties known as 13096, 12658, 12659, 12951 and 13053 Base Line Road and 7322 Etiwanda Avenue, more particularly described in Exhibit "A": (11) Pursuant to the provisions of California Government Code Section 7267.2, prior to adopting this Resolution, the City has made an offer to the owners of record to acquire the properties for the full amount of fair market value as established by independent appraisal valuations; (iii) Pursuant to California Government Code Section 40404, a City may acquire private property by condemnation when it is necessary for extending and widening streets, as well as far the construction of drains, sewers and acqueducts; (iv) pn August 2, 1989, this Council held a duly noticed public heart ng pursuant to the terms of California Code of Civil Procedure Section 1245.235 and said public hearing was concluded prior to the adoption of this Resolution; and, (v) A71 legal prerequisites have occurred prior to the adoption of this Resoluti On, B. Resolution NON, THEREFORE, it Ts hereby found, determined and resolved by the Cfty Council of the City of Rancho Cucamonga as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Reso uT o~ti n.-- SECiiOii 2: Thai portion of the property which is required for a right-of- way or s ree widening purposes is situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, and Ts more specifically outlined in the legal descriptions and maps attached hereto as Exhibit "A" and ~FC~-rCYuttd hCr: i.. uy tilii ~Cf". rC"CC. Resolution ~- 3a1 August 16, 1989 Page 2 SECTION 3: Based upon the substantial evidence presented to this Council during Cfie 56-ove-referenced public hearing, including written staff reports, the City Council specifically finds as follows: a. The public interest and necessity require the proposed protect; b. The proposed protect is planned or located in the manner that will be most compatible with the greatest public good and the least private intury; c. The property defined in this Resolution is necessary for the proposed protect; and, d. An offer of fair market value has been made to the owners of said real property pursuant to the tends of California Government Code Section 7267.2. SECTION 4: The City Council hereby declares its intention to acquire the proper~ed scribed in Section 2, above, by proceedings in Eminent Damain. The City Attorney is ordered and directed to bring an action in the Superior Court of the State of California for the County of San Bernardino, 1n the name of the City of Rancho Cucamonga, against all owners and claimants of the property described herein for the purpose of condemning and acquiring a right-of-way for street improvement purposes, and to do all things necessary to prosecute said action to Its final determination 1n accordance with the provisions of law applicable thereto. The City Attorney is authorized and instructed to make aDDllcations to said Court for an Order fixing the amount of security by way of money deposits as mqy be directed by said Gourt and for an order permitting the City to take possession and use of said real property for the uses and purposes herein described. SECTION 5: The City Clerk shall certify to the adoption of this Reso u on. ~~~ xl lolxxn l/u~ ~1.w••-. j .n _ .as.ao .o ./m is i Q O ; ~ kH ~ i W x2i w u . 2 o a ~ m ¢ $ ' = O a a >~n n Q ~ o 0~ w l _ 0 ry O W J 2 Q O W h OU 4 h n; p i x ] W W I I W y N ~ ~ Q Y W ~I y n = ~ 3 °Q w~ o ~ / h n f m s ~ y R aw - u t I x ~ ¢ d ¢ I ' ' z ~ i x h u a i H w o ~ ~ J . e •I lalil.x')NO 1/Y) lxll l/lx 00 I/II~Z 0 )/ .LI IO .O M r E%H BIT A-1 I ~ APN ~27-131-08 1 .~/.. N.r. e,/ soci- K . I+ r a e a °¢ o W ~ z w 2 W J ~ W Q Q ~~ 0 ~4 V ~ O h LL k\yI I g I~ Q 'il r~ '~ EXH IBIi A-2 PERMANENT R/W FOR STREET AND HIGHWAY PURPOSES APN 227-131-OS V ESTEES: LOPE LAIDLAW, LUIS P. MORA, CHRISTINE V. LENARD, DANIEL P. MORA, DEE ANNE P. MORA-JONES AND JOHN E. MORA, by deed to them recorded January 30, 1986 as Instrument No. 86-025887 of Official Records of San Bernardino County, Cal ifocnia, which recites "as joint tenants", the validity of which joint tenancy is now shown by the public record. That portion of Lot 14, in Block "E" of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 2 of Maps, Page 24, in the office of the County Recorder of said County, described as follows: Beginning at a point on the south line of said Lot "14" of said Block "K", said point being 186.95 feet west of the southeast corner of said Lot 14, said point also being the beginning of curve, tangent to said south .line, concave to the north having a radius cf 1,162.00 feet, said curve being concentzic with, and 38.00 feet northerly, measured radially, to the proposed center line of Base Line Road as shown on the Specific Plan of Base Line Road, Master Plan Amendment No. SV-403 on file in the office of the County Engineer, San Bernardino County Road Department; thence easterly along said curve through a central angle of 9'15'40", 187.82 feet to the east line of said Lot 14, a radial line to said curve, through said east line bears N 9'31'01"W; thence along said east line S 0" 02'25"E 15.15 feet to said southeast corner; thence, along said south line, said south line also being the north line of Base Line Road 66 feet wide, S 89°44'39"W 186.95 feet to the point of beginning. ~.~uLeius >di.~i oyue~e 2ee~ EXHIBIT A-3 TEMPORARY EASEMENT FOR DRAINAGE PURPOSES ApN 227-131-08 VESTEES: LUPE LAIDLAW, LUIS P. MORA, CHRISTINE V. LENARD, DANIEL P. MORA, DEE ANNE P. MOAA-JONES AND JOHN E. MORA, by deed to them recorded January 30, 1986, as Instrument No. 86-025887 of Official Records of San Bernardino County, California, which recites "as joint tenants", the validity of which joint tenancy is now shown by the public record. Thak Portion of Lot 14, in Block "R" of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of Calif orr.i a, as per map recorded in Book 2 of Maps, Pace 2d, in the office of, the County Recorder of said County, Beginning at the southwest corner of the east one-half of said Lot 14 of said Block R; thence along the west line of said east one- half, N 0°02'25"W 15.00 feet; thence, parallel with the south line of said Lot 14, said parallel line also being parallel with and 53.00 feet northerly, measured at tight angles, to the proposed centerline of Base Line Road as shown on the Specific Plan of Base Line Road, Master Plan Amendment No. SV-403 on file in the office of the County Engineer of the San Bernardino County Road Department, N 899 44'39"E 20.00 feet; thence S 88° 26'38"E 148.94 feet to the beginning of a non-tangent curve concave to the north having a radius of 1,152.00 feet, said curve being concentric with and 48.00 feet north, measured radially to said proposed centerlines thence along said curve through a central angle of 8° 03'26" 162.00 feet to the east line of said Lot 14, a radial line of said curve through said east line bears N 9°36'00"Wi thence along said east line 8 0° 02'25"E 10.14 feet to the beginning of a non-tangent curve, concave to the north having a radius of 1,162.UU teetr sarc last mentioned curve veiny concentric to and 38.00 feet north, measured radially to said proposed centerline; thence westerly along said last mentioned curve through a central angle of 9°15'40", 187.82 feet to a point of tangency with the south line of said Lot 14, said south line also being the north 11ne of Base Line Road, 66.00 feet wide; thence along said south line S 89°34'39"W 143.05 feet to the point of beginning. Contains 3,799.40 Square Feet • EXHIBIT~.A-4 N 227-V 11 ° ~ m 2 ~ ~, ~ m WWa ~~~'~ N°~~~~ X20 ~' I ~ ~W ~. ~W'h m \ o~ `Z ~ 0 2 .o t~~~0 ~I~ ~,D ~• ~-, ~ ti, l,a~ ~,~T ~3 ~ ~twW~f~ ~~" ~/ J c '~ W ~~~ ~ ,~ ~ `. W~Q~ is ~B4 43'00 V L ° 29.s7' W p \ Vv 3 2 I' ~~\ ~~~ ~NB9~ ~3 N/ ~h 1 1 •P'/740C170:3 gS J0 L•.b9. _^ -L 1 E 'V 'V~ Z•IL~~I O Rte, G?so~B75 27. 7Ce/il/ C oCO R/u/ -rNd9 85 i9" /d7IP' ~O/NT O BCC./NN/N~ m. N~c yt/ _ .EK/~T NLivE `n .Q./COO SE GivE ~ROALJ 1~I rac o°~w~ c) _ _ ~ ~N 89 °.35 'i9 -6f/ PER TR. /7 044) V OLD ~ BA.JE C/NE ~ROAO) .S,rE.2"'.v TO Acc0.~1P.a/v>/ LErjAL ~ESCf7/P7JON FOR B A5E MORSE CONSUL77NC GROUP nwrwlc • c-~ac. ~,u~mcu.,uvrr¢nu :~~~.r~ .... m...„11 .y„ ®. iw w.. P4O• C7 o.a sSG ~r -Sc~¢7~ clwc..~ 4 /a / ERHIBIT A-5 ~~_ APN 227-111-33 .NAY 5. :336 ADDITIONAL RIGHT-OF-HAY PEpU IREO FOR BASELI4E (RO ADI HID EEING 1 THAT CERTAIN PA AC EL OF LAND IN tHE C2TY OF RANG NO CUCAMONOA, 2 COUNTY OF SAN BEANAROSNO, STATE OP CALtFOANIA, D¢SC RIBEO A$ 3 FOLLOWS: d H BEING A PORTION OF WT 14 OF BLOCR 'G' OF ETINANOA COLD NY D LANDS, AS SHOWN ON q MAP PECQROED [N BOOR 1, PAGE 14 OF MAP T BOORS, IN Tfl£ OFFICE OF TYE COUNTY PEC.OROER OF OHIO COUNTY, B MORE PARTICULARLY DESC RtB EO AS FOG LON$( 9 10 BEC INNING AT THE SOV TNEAST GOPHER OF TAE WEST l]0.00 FEET OP 11 SAID LOT 14; AS SAtO POINT IS SHOWN ON A MAP OP TRACT 12 N0. 13011, RECORDED SN EOOR 161r PAGES 7E THROUGH B9 INCLUSIVE '~ 13 OF NAP BOORS iN THE OFFICE UP THE CW NTY RECORDER OP 9q[D ld COUNTY( SAID 90INT ALOO BEING A POYNT ON TIIE NOATp L[NE OF 13 PAS F.L INA (PO AfII 66.00 FCPT 4inx, dNn TPR ¢ntlNPAeT PnON Pe nP 30 TRAT CERTAIN GEED TO THE CCUNTY OF SAN BEANARO INO; A BODY 17 CORPOMTE ANp POLZTICr AECOPD ED DEC FMBEA il, 1965 IN BOOR 65]0, 7A ppGE B29 OF OFFICIAL RECORDS CF SAID COV NTYI TNENC¢ ALONG TIIE 79 'CAST LINE OF SAID TRACT N0. 13044 AND TH¢ EAST LINE OP SAIG 20 GEED TO TTIE COUNTY OF SAN BE PNARD[NO AND TIIE NORTHERLY 21 PRO LONGATlON TBER¢OP AND THE HESTERLY LINE OF THAT CEATA]N DEED ' 22 RECORDED dANUAPY 39, 1911 [N BOOR 1661r PACE 101 OP OPF IC IAL 23 RECD RD9 OF SAID COUNTY; THENCE N 0° 03' 10• ¢ 34 J1 FEEL T'0 TAE Ed BEG INNtNC OF A NON-TANGENT CU RVC CONC AV¢ EASTERL'f AND HAVING A 21 PA°rUP 2n,nn FEET .. pM!gG !IN£ ._ FAIR POINT BEA PS n -' 2E N 09° SA' 3]' W; THENCE LEA VI NC TAE EAST LtNE OP TAE uE3T 27 ]]0.00 FEET OF SAID LOT 1/ qN0 THROVGH A PORTION OP OHIO LOT 1/ 29 AND SOUTiiEASTEPLY ALCNC SAlD CURVET THROUGH A CENTRAL ANGLE CE i 29 e/° 41' 00', qN ARC D[STA NCE OF 39.37 FEET TO A POItIT CN A S0 COM POV ND CURVE, CONCAVE NOATNEA LY AND HAVING A MDIV$ OF 31 1710.00 FEET; A RADIAL GINE THROUGH SAID POINT BEARS 32 EXHIBIT A-6 APN 221-111-33 1 2 3 4 3 6 7 0 9 30 ix lz 1S i6 15 16 19 18 19 20 z/ zz 23 26 25 26 27 28 29 30 31 32 5 5° 23' 91' Ro tN ENCE EASTERLY ALONG DA20 CO RV E, TNRODGH A CENTPAG ANC 4E OF l° 79' BO', AN AAC C:STANCE OP 109.24 FEET TO A POINT ON SAID CVAVE+ A RADIAL LINE TO SAID POINT SEAk3 5 1° 46' 1)• N, SAID POINT ALSO BEINGn ,-G:R: Oti TiiE HESTERLY BOUNOA RY OF THAT CERTAIN LANG CONVEYED BY OEEO TO DAVID P DEAN ANO AVOREY GRACE DPAN RECORDED JULY 29, 1987 AS INETRVMENT NO. 3J-1]2089 OF OPF IC tAL PECOPDB OF SA[O COVNTY; THENCE ALONG snto BOUNDARY S 0° O1' 21• N j7.]6 FEET TO A POINT ON SAID NORTHERLY LIRE OF BASELINE (ROAD) DESCRIBED HEREIN; Tfl ENCE V 99° 95' 19' N 127.22 FEET TO TAP POINT OF BEGSNNI NG. E%CEPT[NG TIIEREF ROM 'CRAY PORTION CONVEY EO TO THE COUNTY OF SAN BERNAROINO OESC RtEEp AS PARCEL N0. 2 IN TRAY CERTAIN DEED gECORO ED OCTOBER 37, 1969 IN BOOK 8500, PAGE B]5 O[ OFPIC IAL RECD R09. r+~+va emv cnnAR F. FEET OR .0.927 AC REE. THIB ,3VCBlIENT MA~~P A 6Id' ME (OR VNDER HY SU PERVIStONi -~ f' ~ CARY w. OOKICflr L.S. d69T MCRSE CONEU LYING CROUP 4060 IRVINE AOV LEVARD, SUITE 201 [0.VINE, CALIFORNIA 92020-L999 l]!dl ]]0-1117 LV/r~ CATS EXHIBIT A-1 DE LILA LOPEZ, TRUSTEE OF TRUST 'A' DE LILA LOPEZ A SHIRLEY ANN WREN, TRUSTEES OF TRUST 'B' -ll1-19 P O P Q o p t i G °,6°394/" -~k @ASELINE ROAO R = 1900' C = >n OLD BASELINE N 89°33~19'W PARCEL N 99° 14~ 74 ~ W 4^~~.. ~~ 9.27,_`7 = 104 73' N 99° 33~19'~ W EXIST. R/W~ 218.00' PROPOSED R/W ^ O° L - 209.54' 7 = 104,88' -^- ULTIMATE FUTURE R/W~ „° „~ , °., R - 2.4 -_ .~ L = 9.02' ~ lull 0 7 = 4.36 c a o ~` °oo PARCEL A I AREA=4,O745.F. a SCALE' I"= 30' PORTION LOT 3 BLOCK S ETIWANOA COLONY LANDS M.B.2, PG. 24 R.S. BK. 47, PG. 51-55 h z 0 0 0 z /_. zie.oo' 10.0 0 a p w e O 0 _ _~~ I 6. .~ m h 0 0 z EXHIBIT A-8 APN 221-171-19 V ESTEES: De Lila Lopez, Trustee of Trust "A" under Trust Agreement dated Tune 14, 1974, as to an undivided I/2 interest and De Lila Lopez and Shiley Ann Wren, Trustees of Trust "B" under Trust Agreement dated Tune 14, 1374, as to an undivided 1/2 interest. That portion of Lot 3, in Block "S" of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 2 of Maps, Page 24, in the office of the County Recorder of said County, also as shown on the Record of Survey recorded December 10,1982, in Baok 47, Pages 51 to 55 inc l'usive, of Record of Surveys in the office of the County Recorder of said County, described as follows: Beginning at a point on the north line of said Lot 3, 150.00 feet west of the east line of said Lot 3, said point of beginning also being the northeast corner of that land described in a deed recorded in Book 8453, Page 604, of Official Records in the office of the County Recorder of said County; thence SO°05'45"W 16.92 feet; thence N89°14'34"W 209:07 feet to the beginning of nan- tangent curve concave to the southeast, having a radius of 24 feet, a radial line through said point bears N6°44'22"E; thence westerly along said curve 9.02 feet through a central angle of 21°32'18 to the west line of the land described in said deed, said curve being non-tangent to said west line, a radial line of said curve through said last mentioned point bears N14°7'56"W; thence along said west line NO°05'45"E 15.D9 feet to the north line of said Lot 3; thence along said north line S89°55'19"E 218.00 feet to the point of beginning. Contains 4,074 Square Feet. N ~--r. --~ o XHiH.(T A-9 1 °I ° NY'u'u zr Ne'ruo'NY APN 11 0-U11-01 c Y]YY/Y m° ^AtlM 13WW3 3N01/Id ~ ~ rr en 1 I cec• .c),r . lNll lirl IG Oir ~ y ^~ I I Y il i0 Ir 10• ON I I p O 0~ it Q Q O - I ~ I N ~ W ~ W ~~ N h m 0 V V N N I o I a w • ~ ~ I I x a @ I I ~ I ~ a a ON F e a I ° al i :I F y>r o o VI y 2 N m n OO W m?~ n I a a °Qa ~ e I-o~.: X OZY y D '1 3 0 a O N G' m G ~ Y W 3 ui • - a - n - u > ~ .I :I '~O q ~ W J a W e. W ~ 2 Q 2 W U_ ~ z ~ i i I I o a o G ! 'V l W lC V ~ u V : ! Y 1 1 ' ~ > 3 W u ~ ~ I ~~ N/Y IIYlr11111\/ _ Y \ Y/Y IOYX\ 1 t V C l Z I .e1.ON .r).lO .oN ON ).r lO Y 1i ' ~ L Q 2 ~ \ ~ l . . . lil Ir •eY1 0001 ' ~~ i W 2 S W o l J Y I Y/ .r~roY Y.a. o. I u oo'ol I ruw Y,ei.u aeN i ~ •101 )Mll l/)Y II - -~ 3IIN3ntl tlONtlM113 ) EXHIBIT A-10 PERMANENT R/W FOR STREETS AND HIGHWAY PURPOSES APN 1100-011-01 V ESTEES: LE EI.IORIA B. CRAWFORD, MARY PHYLLIS BONSHIRE, MARYLEE PHYLLIS NORZEGA, KATHY JEAN REINHARD, JACK HAROLD BONSHIRE, II, THOMAS ROBERT BONSHIRE, and BONNIE ODESSA HARGIS, by deed which recites, "as joint tenants", as to an undivided 1/2 interest, and LEEMORZA H. CRAWFORD AND MICHAEL RAY CRAWFORD, by deed which reties, "as joint tenants", as to an undivided 1/2 interest. Thak Portion of Lot 4, in Block "R" of the Et iwanda Colony Lands, in the City of Rancho Cucamonga, County of Ean Bernardino, State of CaiiFornia, as per map recorded in Book 2 of Mapa, Page 24, in the office of,the County Recorder of said County, described as Follows: Beginning at the northwest corner of said Lo[ 4 of said Block R; thence along north line of said Lot 4, said north line also being the south line of Base Line Road 66 feet wide, N 89 44'39"E 660 feet to the northeast Horner of said Lot 4, thence along the east line of said Lot 4, 5 0 02'25"E, 11.08 feet; thence S 88 15'24"W, 629.27 feet to a point on a line that is parallel with and 60.00 feet south, measured at right angles to the proposed centerline of Base Line Road as shown on the Specific Plan of Base Line Road, Master Plan Amendment No. SV-403, on file in the office of County Engineer, San Bernardino County Road Department; thence S 45 01'08"W, 28.26 feet to a point on a line that is parallel with and 11.00 feet east of the west line of said Lot 9; thence a,l ong said last mentioned parallel line, S 0 02'25"E, 256.89 feet; thence S 0 14'46"W, 200.00 feet; thence S 89 57'35"W, 10.00 feet to the said west liner thence along said west Line N 0 02'25"W, 504.15 feet to the point of beainnine. Contains 18,618.97 Square Feet EXHi81T A-11 APN 1100-011-06 ,~ I ':.. J. . I ~- ----- -ao~xl :a.[[ U.[G.V M I 0 K p I W ~ ^I 4 ~~~ = ul I W t 0 f ~ V M1 y O _ f• / ¢ a ~ N w .Gf [ 'o xf>e f~ ~ W 0[6fG ~~\ Y I ~ IX fi fOi p ; ~ I ~ [ a m a:.. uln ~ f GCi'~T.w.on ~~ ~ ~ I f ~~ [[ --~ ;,I x ~ ~l \~ of a... ~~a WK n _ p¢a >e, r . r ~~ ¢ m o '~ m2 ~ m G[ O G ~pW v~Wm - 1 ~ OOC paP N G Va KVIN N •I _ ° O_2N On • .1 ~_ :~ ~ I-3o ~o a .I I i i~ ° d TI i I .~~•~o.;-~ I ' .G [[[ l ,.. EXHIBIT A-12 PERMANEI, R/W FOR STREET AND HICHWA PURPOSES ApN 1100-011-06 That portion of Lot 3, in Block "R" of the Etiwanda Colony Lande, in the City of Rancho Cucamonga, County of San 0ernardino, State of California, as per map recorded in Book 2 of Mapa, Page 24, in the office of the County Recorder of said County, also ae shown on the Record of Survey recorded December 4, 1985, in Book 58, Page 96, of Record of Surveys in the office of the County Recorder of said•County, described as follows: Beginning at the northwest corner of that parcel of land as shown on said Record of Survey] thence along the north line of said parcel, said north line also being the north line of said Lot 3 of said Hlock "R" and also being the south line of Baee Line Road 66.00 feet wide, N 89°44'39"E 232.25 feet to the west line of the land described in a deed recorded on August 14, 1987, as Instrument No. 87-281543 O.R. in the office of said County Recorder; thence along said west line S 0° 03'29"E 10.00 feet? thence S 89°44'39"W 232.46 feet, along a line that is parallel with and 10.00 feet south, measured at right angles, to the north line of said Lot 3, to the west line of said Record of Surveys thence along said last mentioned west line N 1°08'06"E, 10.00 feet to the point of beginning. Contains 2,323.54 Square Feet = z 1-m 2 ~sz ,~ a =^+c z z~a zic i a w ti o ~ ~ z v ~n a o i ti t ~"z T h ~n Rya zoo o i m K ~ LL :o,,.,,,..,, O W_ W N Q 0 • ~~~ tC n 3^N3~V OONVM113 oQ,: „ . . .. o.o. 3 i s > o n Ja WQ P N Z > n m 1[ 2 P J ~n U O N yl W pp p W 40 `~Ob Vq !. mUQ add N 0 2 N O v W S a o w o w a 3a ¢oo a Wm m ~--~~ 1~: a E%HiBIT A-13 ave zz~-vi-ua -~ n(Il; • u ~i x I ~ I ~ ~ ~o ' ~ 1 1 ~ uoi inn au+% 1 0 1 m m I• PERMANENT A/W FOR STREET AND HIGHWAY PURPOSES EXHIBIT A-14 V ESTEES: ROLLIN R. SMITH AND ANN N. SMITH, Trustees Under Declaration of Trust dated October 3, 1983, F/B/O ROLLIN R. SMITH AND ANN N. SMITH, et al. That portion of Lot 1, in Block "S" of the Etiwanda Colony Landa, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map cecocded in book 2 of Mapar Page 24r in the office of the County Recorder of said County, also as shown on the Record of Survey cecocded December 10, 1982, in Book 47, Pages 51-55 inclusive, of Record of Surveys in the office of the County Recorder of said County, described as follows: Beginning at ~t he northwest corner of said Lot 1 of said Block S; thence along the north line of said Lot 1, said north line also being the south line of Base Line Road 66 feet wide, S 89°55'19"E 652.05 feet to the northeast corner of said Lot 1; thence along the east line of said Lot 1, said east line also being the west line of Etiwanda Avenue 80 feet wide, S 0°04'03"E 504.10 feet= thence S 89°55'57"W, 10.00 feet to a point on a line that is parallel with and 10.00 feet west measured at right angles to said east line; thence N 0°13'08"E, 200.00 feet to a point on a line that is parallel with and 9.00 feet west, measured at right angles, to said east line; thence along said last mentioned parallel line N 0'04'03"W, 255.12 feet; thence N 44°59'41"W, 31.15 feet to a point on a line that is parallel with and 27.00 feet south, measured at right angles, to the said north line; thence N 68°47'10"W, 47.15 feet to a point on a line thet is parallel with and 10.00 feet south, me asuced at right angles to the said north line; thence along said last mentioned parallel line N 89°55"19"W 577.13 feet to the west line of said Lot 1; thence ,~.,.... ..,:a ;,°. ", .,.~,...°,a .e°« ;:.,o w n•nn'a;^F.. 10.00 foot hn thn point of beginning. Contains 12,057.05 Square Feet APN 227-171-04 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 16. 1989 TO: Mayor and City Council FROM: Duane A. Baker, Sr. Administrative Assis a t SURlEC,T: 800 Mhz Communication System RECOMMENDATION: Staff recommends that the City Council authorize the City to issue a letter of intent [o participate in a West End 800 Mhz communication system. Additionally, staff recommends that the Council authorize the City [o participate in a joint powers authority (TPA) to finance and oversee operation of the system. BACKGROUND: In order to provide for the public safety and public service communication needs for the present and future of [he West End a comprehensive nuu mnz commumcatton plan nas been aevetopeu. This 800 Mhz system will help insure that there are sufficient radio frequencies available to meet government communication needs as current frequencies begin to reach capacity. In addition by using an 800 Mhz the West End Agencies will have communications technology compatible with similar 800 Mhz plans being made by the County. I9 The County has already received RFPs from two firms to supply the communications equipment. These two firms are Electrocom Automation, Inc. and Motorola Communications & Electronics, Inc. Of these two firms, the County has identified Motorola as the preferred vendor. in order for [he Wes[ End agencies to take advantage of the bid prices given to the County a letter of intent must be submitted by each agency. The letter of intent does not incur any financial obligations but simply locks in the bid price. ~p G~`MO,yC `C 9 •,., ^I ~ r p F, ~ 'Z -~g`{ August 16, 1989 800 Mhz Report Page 2 In addition to the letter of intent to lock in the bid prices, it is recommended that the City draft a letter of intent to join a JPA [o operate and maintain the system. This ]PA would sign for the frequency license from the FCC, provide a mechanism for financing the equipment, and provide a vehicle for oversight of maintenance and operations. Curtent estimates for the City's portion of the backbone system is $108,701 and the estimate for the equipment is $949,730. The City Managers of all the West Bnd Cities are currently meeting to discuss the most appropriate financing methods for recommendation to their respective City Councils. ~g~ RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STAFF R,FPORT DATE: August 4, 1989 712 Mayor and Members of the City Council FROM: L. Dennis Michael, Fire Chief BY: Lloyd B. Almond, Division Chicf/Firc Marshal SUBIECI': Fire Hydrant Maintenance Program AvP, ,. Support the ongoing fire hydrant maintenance program established 6y the Cucamonga County Water District and Rancho Cucamonga Fire Protection District. BACKGROUND/ANAL .YSIS Over the past few months, several questions have been raised regarding the cart and maintcnancc of the (ire hydrants and related assemblies throughout the district. The water district has assumed responsibility for fire hydrant maintcnancc. Several meetings and phone conversations with representatives of the water district ennNuded that our existing fire hydrant maintcnancc program needed to be clearly defined and expanded. The water district is currently hiring an additional crew end is orderine the necessary equipment to place them into operation by October 1989. The fire hydrant maintcnancc program is outlined in the attached report from fhc Cucamonga County Water District. Additionally, the fire district has upgraded its fire flow rcyuirements on new development by requiring fire flows not only be tore the project begins, but also at the canplelion of the project as part of the final inspection. We will also be overseeing calculated fire flows at specified locations Ihroughoul the district. This will be accnmolished on an annual basis, and the hydrants (lowed will be alternated within each water zone each year. This procedure will allow us to maintain accurate records as to the available water within a zone, from the top of the zone m the bottom. These records will assist the Insurance Services Office (ISO) when conducting a fire insurance rating ft,r nor C(....m,~niry Res~pectfuhl~y~ submiucd, L.~Dennis Michael ~ i Pire Chief PnMenl ROBERT NEU FELD YvrP.emhn< BEVERLY E. BRAD EN CUCAMONGA COUNTY WATER DISTRICT 3.e..pry. G.nml Mnn.pe. LLOYD W. MICHAEL =,nl z+n aren.AOi rro vo <~c.~onz.. ,nu= vn ao ocoo ~ o n.. ,..~ ,~~ ~~, .~ P~nrtur. CHARLES A. WEST GEORGE A. KUYKEN DA LL JEROME M. WILSON August 4, 1989 Mr. L. Dennis Michael Fire Chief Rancho Cucamonga Fire Protection District Post Office Box 35 Alta Loma, CA 91701 Re: District's Fire Hydrant Maintenance Program Dear Dennis: In reply to your inquiry regarding the above referenced program, this letter is intended to describe for you the current condition of that program. 1. The District presently has a single crew whose primary duty .,ii ,1.. _.. .1 F:r Furl r~anhc __ G __... .., ~~~ gd ... .. Under the area Vof "fire hydrants that crew is instructed to perform the following work: a. Locate the fire hydrant, b. Close the foot valve, c. Cpen all hydrant valves and; 1, check for smooth operation, 2. check far damaged threads, 3. check for foreign materials lodged in the outlets, or barrel, i.e., stones, cement, wood, metal, etc., 4. inspect fire hydrant head for damage by foreign objects i.e., destruction by a hammer, wrench, rock, motor vehicle or similar, d. Close hydrant valves and; ni raiinn e. opennthe~f ootnvalve, op- -~ f. open each hydrant valve, separately, to insure water flow and water shut-off, g, paint hydrant, if necessary and, ,, I1. II.. VIU ,AID ~VIY v I,l~ u ~ ~ .. ...j painting if maintenance~is~~~to be performed~by others. 2. As previously agreed upon, the District does not perform fire "~~ CUCAMONGA COUNTY WATER DISTRICT ~ P.O, 60% 630 ~ CUCAMON GA, CALIF. 91>30-0838 • (]16) 96]2391 August 4, 1989 Hydrant Maintenance flow tests. That testing will be performed by the Fire Protection District, and, as agreed upon, will be performed only between the months of October and April, except where new development requires a test for completion of the development. 3. All located fire hydrants will be plotted on a map in addition to maintenance records being kept. 4. The District presently is planning on establishing a second crew and is currently in the process of ordering equipment necessary to outfit that crew. It is anticipated that the second crew will be operational by October 1, 1989. Because of the fact that this is a new program and that a large quantity of fire hydrants are being added to our system each year, it is difficult to estimate how long it will Lake to inspect each fire hydrant within the Water District's jurisdiction. At the present time we estimate that the first round of inspection work will require between 18 and 24 months to complete. The route presently being followed is along major east-west streets, which includes all corners of major north-south streets. :,, Niter lII1D gt lu Lype NI U~e~ule is 6Jiiiyi tc~ - systematically inspect fire hydrants on all interior streets land cul-de-sacs. Should you have any questions relative to this program please contact the undersigned. Yours truly, CUCAMDNGA COUNTY WATER DISTR17CT {~ ~ / George B. Blanchard, Jr. „ssistant General Manager GBB:Is cc: Henry t. Rutledge Cucamonga County Water District Operations Superintendent ~ ^ CITY OF RANCHO CUCAMONGA STAFF REPORT DRTE: T0: FROM: BY: August 16, 1989 Mayor and Members of the City Council Brad Buller, City Planner Larry Henderson, Principal Planner SUBJECT: RESOLUTION REQUESTING 1HE COUNTY OF SRN BERNARDINO OVERTURN THE PLANNING OFFICIALS APPROVAL OF A TWO YEAR TIME ERTENSION FOR THE ROCK CRUSHER PROJECT I. RECOrB4 ENDATION: Staff recommends the City Council approve the enclosed Resolution requesting the County of San Bernardino deny a request for a two year time extension of the Site Plan and Reclamation Plan for the Fourth Street Rock Crusher project. II. BACKGROUND: As the City Council is aware, the City of Rancho Cucamonga has opposed the County approved gravel and sand mining operation, known as the Fourth Street Rock Crusher Project, for over three years. fie San Bernardino County Planning Official has approved a twenty-four month time extension to the original site and reclamation plan, approved by the County originally on Annu st. lfi. 19A6. Tha nro ier.t aool icant has been unable to obtain all the necessary Dermits during the three years the project has been approved. In addition, new information generated by the draft North Eti wa nda Specific Plan, has led to a situation which we believe would require additional environmental documentation by the County. To this end, the City Planner has filed an appeal to t'^,e San Bernardino County Planning Comr~i ss ion as of August 9, 1989. IIi. ACTION REQUESTED: The time extension appeal gives the City another opportunity to express our position that the project is incompatible with the surrounding area, from a land use and traffic compatibility standpoint. This position is consistent with the previous actions the City has taken to date to stop this project. Therefore, staff is requesting City Council take :'al act ico approve the enclosud Resolution setting forth the City of Rancho Cu ca mon ga's position relative to the request fora time extension for the project. Additionally, it should be noted that staff will pursue in the appeal process the modification of conditions where appropriate in order to clarify .~... _., n. ~6n h. afnr nrn far firm +t~the ~facili ty is.app ro ved~~V(aln9dev eloped .^ __--_~Y 1.~.._._.--- _ m,.-. CITY CWNCIL STAFF REPORT FWRTH STREET ROCK CROSHER PROJECT August 16, 1984 Page 2 Res ly su d, Bra B er City P anner BB:LH:sp Attachments: Resolution ~~ 1 1 RESOLUTION N0. ~ 7 ,,~p A RESOLUTION OF THE CITY COUNCIL OF THE CITY GF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THE COUNTY OF SAN BERNARDINO DENY A REQUEST FOR A TIME EXTENSION OF THE SITE PLAN AND MINING RECLAMATION PLAN FOR THE PROJECT COMMONLY KNOWN AS FOURTH STREET ROCK CRUSHER, TO BE LOCATED ON SAN BERNAROINO COUNTY FL000 CONTROL PROPERTY GENERALLY NORTH OF HIGHLAND AVENUE (ROUTE 30) BETWEEN MILLiKEN AVENUE AND THE DAY CREEK CHANNEL WHEREAS, the County Board of Supervisors approved a gravel, rock mining operation on the subject site on August 10, 1986; and WHEREAS, the City of Rancho Cucamonga has consistently opposed the approval of said development; and NHEREAS, the project applicant has not been able to secure the necessary permits required by the Conditions of Approval during the three years following County approval; and WHEREAS, the previously prepared EIR for the project utilized outdated information developed four or more years ago; and WHEREAS, the surrounding area has been developed with approximately 3,160 occupied resf de nces with 12,655 more units planned far development within the next five years, which will be adversely affected by noise, dust, and hazardous traffic conditions, directly attribu tai to this project; and WHEREAS, the City of Rancho Cucamonga has been participating with a consortium of property owners in the preparation of a specific plan and EIR (North Eti wa nda Specific Plan) for approximately 6,000 acres, which includes the subject area, in anticipation of an annexation to the City, and that the future development under this specific plan will be adversely affected by the mining operation because of incomDa tible area traffic needs and land uses; and WHEREAS, Section 21166(c) of the California Environmental Quality Act Guidelines requires the County to consider new information, which was not known and could not have been known at the time the Environmental Impact Report was certified as complete, which later became available; and WHEREAS, the draft Etiwanda Specific Ptan and tra ffit study should be considered as "new information" under CEQA, and a supplemental EIR should be prepared w't.^• apc ro pria to revised Conditions of Approval and mitigation measures subsequently considered. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby requests the County of San Bernardino deny a time ex tens ton for Said project, unless a su ppiemen tai or new Environmental Impact Report is prepared and processed accordingly. 1~ d~ Q CITY OF RANCHO CUCAMONGA STAFF REPORT August 3, 1989 TQ: tlayox and ^embers of the City Council 19. FROM: Jerry Grant, Building Official 3Y: Jim Flartin, Plan Check Coordinator SUBJECT: Update on i~ordic 57oods customer service problems. I. RECOiAMENDATI0i7: It is recommended that the City Council direct staff to continue to monitor progress toward completion of the customer service items and work with the homeowners and the developer to resolve remaining public relations concerns. II. IIACRGRCUND: At the Council meeting of July 5, a resident of the Floods development, Mr. Bennett, requestel an opportunity to discuss with the Council, problems within the 57oods development which is located at the northerly terminus of Fle rmosa Avenue. At the Mayor's direction, August 16 was set for this discussion and Ftr. Bennett was requested to provide an outline of the types of problems currently being experienced. Information was again requested in a letter to :Ir. Bennett on July 21, 1989 and further requests were made in two telephone conversations with the City Manager. To date, no response has been received. 9ased upon the limited information gathered at the Council nn of inn. -.1 a:nFe nA .A:nn nF thn Annnl n._.n+n and throughmsubsequentndiscussions withnr_sidents, staf f~has dete ruined the issues to be as follows. ?arkina On Street - The design of the streets in the hoods development intentionally precluded on-street parking. 'r7ith development taking place on the east side of Uermosa, coupled with the private work by residents, workmen pack their cats in the street and onstcuct passage. The Sheriff's Department has been responding to citizen complaints however they freyuently must prioritize their responses in order to address core urgent issues. unsafe Bus Stoo - Residents have expressed concern -~ sue iaCdLiun of a it m, ctnn ha¢ boon ni~cr r~ir ted iiy r_onstcuction parking. Parties at the North end of Hermosa - Residents were concerned regarding the use of the north end of Hermosa ... ... ~.. ~ :....~ J~ ~~,.':y ..... .... The Sheriff's Department has held meetings with the citizens of the {floods development in hopes of resolving STAFF REPORT - Nordic S4oods Update (cont.) items in 1 - 3 above. The community was advised that calls must be prioritized based upon severity which sometimes results in extended time delays in response to their complaint. The citizens were assured that any call received would be responded to in the least time possible. Complaints regarding cars blocking the bus stop would result in issuance of citations. -,. :_2_i~hbor hood ..ch Procram/vaunted C izea Patrol '" ha concepts of ,a `Neighborhood Watchf and/or a Mounted Citizen Patrol unit was discussed during the meetings between the residents and the Sheriff's Department. Additional meetings will be held to develop these programs. 5. Ltu ality of Construction/Customer Service - The Building and Safety llivision has been actively investigating complaints regarding the workmanship of the homes under construction by Nordic Development. Investigation showed that the majority of problems are of a minor aesthetic nature however the most significant problem identified was lack of customer response. Several meetings have taken place between the City and individual residents and with representatives from do rd is Development. Progress toward completing the remaining repairs initially was very slow. In July, the City began withholding occupancy on dwellings in an errors co rnrtuence Noroic 's response a me. •['n[s action achieved limited success however it compounded new homeowner's difficulties by restricting thei[ ability to move in. In short, staff was faced with a new set of citizen complaints which required time consuming explanations and resulted in pressure on the homeowners and City staff. ;7o rdic's continued lack of response prompted redirection of our enforcement efforts to the extent of withholding all inspections not only on the Woods but in a second Ilo [dic development located south of the ~7oods community. This action has resulted in delays in construction, but at an earlier stage of completion. Several potential owners of homes within the second p[oject ("i~io odridge"i nave voiced concerns of this delay. This second group may attend the Council session essentially objecting to the building and Safety Division's attempt to gain cooperation from the developer. The decision to withhold inspections appears to have ~~ STAFF REPORT - Nordic Woods Update (cont.) finally prompted action from Nordic. From August 2, 1969, through August 10, 1989, Nordic has performed in a reasonable fashion therefore we have begun a controlled release of inspections. We have likewise been assuzed by Mr. Harry Keto of Nordic Development that the majority of complaints will be resolved by August 18, 1969. Staff will monitor progress and will report back to Council as progress is achieved. Trails - Cos~plainta have Seen received regarding the lack of maintenance of the equestrian trails within the development. S9ith one exception, the trails are private thus must 6e maintained by the homeowner. The one Community trail has, and will continue to be, maintained by the City. D rainaae - A complaint was received regarding rain water runoff onto private property on eeavez Creek Court. The Maintenance Division found that water from a local channel was traversing the street and entering the horse trail through a drive approach. A containment wall has been constructed by the laintenance Division. Additionally, the developer has reconstructed the drive approach and constructed a divecter to retain this runoff within the City cight- of-way. It apnea rs this problem has been resolved to the satisfaction of the residents. The residents also questioned why a drainage gutter was not constructed along a portion or the trace whici~ adjoins the neighboring vacant property. In order to peovide the greatest protection, the proper location foe the curb and gutter would be upon the half of the t Bail constructed as a condition of development of the adjacent site. Street Sweenino - Debris from the construction activity has contributed to the uncleanliness of the streets in the c7oods development. The streets ace swept on a two week schedule. Additionally, the contractors have been notified to keep the streets clean of debris. Code 6nforceme nt and Public 4lo rks will monitor compliance periodically during the construction process. `J. ArChltectUrai Y.e view - A COOCe[^ wag exp[eas ed by iii[. Sennett that the required architectural review process has not been followed in that the City was allowing construction contrary to recorded covenants, conditions and restrictions. The original C, C, & R's for the p roject apparently eequired all projects to obtarn .~ 93 STAFF REPORT - Nordic Woods Update (cont.) approval by the community's Architectural Review Boacd. During the time the original developer (Dick Scott) was active in the Woods community, he insured this review took place. when his bank assumed responsibility for this project, consistent application of this review process ceased. Nearly every residential development in the City has some restrictions imposed through recorded deed restrictions but ara exclucivaly controlled by the property owners. City staff does notr and legally cannot enforce those private agreements. Additionally, single family dwellings are not subject to the City Design Review process unless Planning Division staff determines thak a design is not in keeping with the architecture of the neighborhood. Thus, some homes in the 47oods may very well have obtained City approval without approval of the private architectural review committee. The above represents the issues as currently known. Staff will be available to respond to questions at the meeting. .~ 9~