HomeMy WebLinkAbout1980/11/19 - Agenda Packet.� ACTIONS OF CITY COUNCIL
(M OF
RANU O C.'UCAML)VGA
CITY COUN('IL
-- AGENEA
November 19, 1980
AGENDA ITEMS: All items submitted for the City Council agenda must be in writing.
The deadline for submitting items if 5:00 p.m. on Thursday prior to the first and
third Wednesday of each month. The City Clerk's office receives all such items.
1. CALL TO ORDER.
A. Pledge of Allegiance to the flag.
B. Roll Call: Frost X, Mikels X , Pal ombo X , Bridge _X, and Schlosser X
C. Approval of Minutes: September 3, 1980. Approved the amended
minutes.
2. ANNOUNCEMENTS.
a. Monday, November 17, 7:00 p.m. -- Planning Commission General Plan public
hearirg. Lion's Park Community Center.
b. Thursday, November 20, 6:30 p.m. -- Advisory Commission Meeting. Lion's
Park Community Center, West Gallery Room.
c. Thursday, November 20, 7:00 p.m. -- Financial Task Force Meeting. Lion's
Park Community Center, Lobby Room.
c. Monday, November 24, 7:00 p.m. -- Victoria Plan continued public hearing.
Etiwanda Community Room.
d. Tuesday, December 4, 6:30 p.m. -- Storm Drain Committee Meeting. Lion's
Park Community Center, West Gallery Room.
e. Ruth Fletcher, Community Services Department, introduced
Ile was requesVnQossesssaidoKdewou idphaovecw vgudylllelaresentfoiia. pMagort
3, CONSENT CALENDAR. that was requested.
The following Consent Calendar items are expected to be routine and non-
controversial. They will be acted upon by the Council at one time without
discussion.
M/P to approve
a. Approval of Warrants - Register No. 80 -11 -19 for $523,555.77. _Consent Calendar.
b. A'co holic Beverage License for off -sale general, Forrest L. Approved 5 -0. _
and Lilianne M. Perry, Perry's Farm Mart, 9477 Foothill Blvd.
City Council Agenda -2- November
19, 1980
d. Authorization to submit a grant application to the California
4
Solid Waste Management Board for equipment to further control
litter within Rancho Cucamonga. Amount of grant application:
$7,471.00.
Recommend: It is recommended that the City Council adopt
Resolution Md. 80 -104 authorizing the submittal of an appli-
cation to participate in the California State Solid Waste
Management Grant Program (litter control).
RESOLUTION NO. 80 -104
5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING
THE APPLICATION FOR GRANT FUNDS UNDER THE SOLID
WASTE MANAGEMENT ACT OF 1980.
e. Set public hearing for December 3, 1980 on the Subdivision
Ordinance.
f. Approval to advertise Church Street and Highland Avenue
6
reconstruction project.
Recommendation: It is recommended that the City Council
approve the advertising of Church Street and Highland
Avenue Reconstruction Project. The reconstruction work
will include the resurfacing, reconstruction, and minor
widening of Church Street from Archibald to Hermosa and
Highland Avenue from Hermosa to Haven.
g. Acceptance of Bonds and Agreements for Parcel Map No.
7
6322. Located on the north side of Foothill Blvd.
east of Vineyard. Owner: Lewis Development Co, and
Developer: G.V.D. Commercial Properties, Inc.
Faithful Performance $233,000
Labor 8 Material 111,500
RESOLUTION NO. 80 -105
8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
63
PARCEL MAP NUMBER 22, (TENTATIVE PARCEL MAP
NO. 6322), IMPROVEMENT AGREEMENT, AND IMPROVEMENT
SECURITY.
h. Release of Bonds.
9
Parcel Map 4907: located on the northeast corner of
Cleveland and 4th Streets. Owner: Kacor Development Co.
Cash Staking Bond $ 2,500
City Council Agenda -3- November 19, 1980
1
Minor Subdivision 78 -0046: located at Hellman Avenue and
9th Street. Owner: Mr. A. W. Davies.
Faithful Performance Bond (road) $11,000
h. Acquisition of Industrial Equipment Trailer 10
Recommendation: It is recommended that the City
Council authorize the Finance Director to purchase one
Industrial Equipment Trailer and to award the bid to
Turner Inc., the lowest qualified bidder, as per city
specifications, for the bid price of 45,000.00.
i Upgrading of Reproduction Equipment. 32
Recommendation: It is recommended that the City Council
authorize the Finance Director to proceed with the rental
of an IBM Copier III with the reduction feature at a
total cost of $768,57 per month for the first 15,000
copies. Copies in excess of this would cost .0173 cents
per copy, and those copies exceeding 30,000 for .011 cents
per copy.
4. CONTINUED ITEM,
SOLID WASTE DISPOSAL FRANCHISE AGREEMENT. 33
Item continued from the October 15, 1980 City Council
meeting. ,,,i - ,
t
5. PUBLIC HEARINGS.
A. VACATION OF A PORTION OF CENTER AVENUE. 81
Recommendation: It is recommended that City Council
deny the vacation of a portion of Center Avenue between Z-•- r7
Church Street and Foothill Boulevard as shown on Map
No. V -008.
B. INTERIM ZONINr ORDINANCE AMENDMENT NO. 80 -02. 84a
Amendments to the San Bernardino County Land Ilse and
Building regulations as adopted by Ordinance No. 17
of the City of Rancho Cucamonga.
ORDINANCE NO. 123 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE
RESIDENTIAL, PARKING, PLANNED DEVELOPMENT, AND
ADMINISTRATION SECTIONS OF THE INTERIM ZONING
ORDINANCE.
City Council Agenda -4- November 19, 1980
C. ZONE CHANGE REOUEST N0. 80 -18 - R. J. Investments. A 85
change of zone from R -
1 -T to R -3 on 5.5 acres of land
located south of Foothill Boulevard, west of Foothill
Boulevard, west of Baker Avenue.
ORDINANCE NO. 125 (first reading) _98
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, REZONING 1'
ASSESSOR'S PARCEL NUMBER 207 - 191 -49 -48 FROM
R -1 TO R -3 LOCATED ON THE SOUTH SIDE OF FOOT-
HILL BOULEVARD, WEST OF BAKER AVENUE.
D. ZONE CHANGE REQUEST NO. 80 -19 - Diversified. A zone 99
change request for 16 acres of land ocated on the north-
east corner of Base Line and Archibald from R -1 -5 (single
family residential) to A -P (administrative - professional)
and R -3 (multiple family residential) - APN 201 - 181 -12,
21, and 22.
ORDINANCE NO. 126 (first reading) 108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, REZONING
ASSESSOR'S PARCEL NUMBER 201 - 181 -12, 21, and
22.
E. ZONE CHANGE NO. 80 -20 - Vanguard. A zone change request
from R -R to R-1 on 10 acres of land located north of Arrow
Highway, east of Archibald Avenue at the eastern terminus
of Cerise and Placer Streets - APN 208- 311 -01.
ORDINANCE NO. 127 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, REZONING
ASSESSOR'S PARCEL NUMBER 208 - 311 -01 FROM R -R
TO R -1 LOCATED ON THE NORTH SIDE OF ARROW HIGH-
WAY AND EAST OF ARCHIBALD AVENUE,
F. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT
N0. 80 -03 - Adult Businesses. An ordinance establishing
regulations of the location and review of adult businesses
in the C -2. general business district.
ORDINANCE NO. 45 -C (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING
REGULATIONS FOR THE LOCATION AND REVIEW OF ADULT
BUSINESSES IN THE C -2 (GENERAL BUSINESS) DISTRICT.
109
118
_ 119
125
City Council Agenda -5- November 19, 1980
6. CITY MANGER'S STAFF REPORTS.
A. R�UEST FOR COUNCIL DIRECTION REGARDING BOARD OF 128
SUPERVISORS DENIAL OF CITY'S APPEAL RELATIVE TO THE
ADEQUACY OF THE ENVIRONMENTAL IMPACT REPORT FOR
GENERAL PLAN AMENDMENT NO. 79- 0117- H120 -44.
Proposed issue deals with a project by Lewis Homes
for a 450 acre development within the sphere of the
City of Rancho Cucamonga located northerly of the
extension of Etiwanda Avenue in the foothills area.
B. GENERAL PLAN SUPPLEMENT REQUEST. The draft General 130
Plan has been completed by the consulting firm of
Sedway /Cooke, and an Executive Summary of the document
will be prepared for distribution within the community.
A total of 18,000 copies will be printed for distri-
bution.
Staff recommends that Council approve an appropriation
request of $6,000 to cover the cost of mailing, distri-
bution, and printing as necessary. Report by J. Lam.
C. Flood Control Benefit Assessment Program. A report
wilI be presented by Lloyd Hubbs. ,
D. REQUEST ADDITIONAL FUNDS FOR PLANNING AIDE AND PART -
TIME CLERICAL ASSISTANCE FOR THE PLANNING DIVISION.
Report by Jack Lam.
7. CITY ATTORNEY'S REPORTS.
8. ADJOURNMENT.
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APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S)
Tr� pertinent of Alcoholic Beverage Control
15 0 Street SAN BMIARM0
Sacramento, Calif. 95814
IDI.Tnlm.eevlNe hocATIDNI
The undersigned hereby applies for
'. Ii.me, described or follows:
1. TYPE(S) OF LICENSE(S)
FILE NO.
CF7 SALT GRINAL
FL=�041Ti CCUDITIONAL
T+8 — S� WaMARBIHO
Comm
Applied under 7/1/011 ❑
Effective Date: 'r �8C
FEE NO.
GEOGRAPHICAL
CODE 3615
Done
Issued
2. NAME(S) OF APPLICANTS)
Temp. Permit
Effective Date:
)� Farrwt L. $ Ti Tianne Me
►
3. TYPES) OF TRANSACTION(5)
FEE
LIC.
TYPE
!TW
.000.00
21
ANIWAL
409.00
4. No a of By,!.... CT 21
His, s • allm Mart
pl Fee 2008 t A541
�• Y
S. Location of Business — Number and Street
9477 Foothill Blvd.
—ated 9 aE> /Z*
c. pp
..903
i a�aol�ud&Emonr,.,a 91730_ —ca "Ltyy
.si.
RECEIPT NO. 3 TOTAL
3
�►
u 409.00
--
Premises Licensed, 7. Are Premises Inside Yr38
„how Type of License W-49475 City Limits?
B. Mailing Address (if different from 5)— Number and Street Ramp) v.rm1
9. Have you ever been convicted of a felony? 10. Have you ever violated any of the provisions of the Alcoholic
r Beverage Control Act or regulations of the Department per.
19 tainin9 to the Act? 4.0
11. Explain o "YES" answer to items 9 or 10 on an attachment which shall be deemed part of this application.
12. Applicant agrees (a) that any manager employed in on-sale licensed premises will have all the qualifications of a licensee, and
(b) that he will not violate or cause or permit to he violated any of the provisions of the Alcoholic Beverage Control Act.
13. STATE OF CALIFORNIA County of SAN B:417AL'pID10 Date 11/4/60, .
Unit.. .note of rerii a[M1 person .•M1el done a • below nAn and (1) W m. epliran of m. patina
see. rowdily lon'" area. metl IS. In nin—, ppGm duly ulbel led y mob IM1 l oppl'¢ r 6.1.11, 12I Ihot be hot •ad Ibe felr
some oppl.ta ontnlba 11e ))steal end 11.1 ae1 and all of the • I1er mad, . (3 ;l IM1.t pen other then the nppin
to appb<anlr lho• y di,n -d • ppd< epplin bu ... e be — d—ifor -do the line � 1 for mhi<h 11i• appd<o mode,
p1 11-1 the nlbr p,1m need • niter mode• 4h, the of a lea r In lulfrll v esrn ed then y I",
tars p.•t•dns erh• day . o heh ot., ropnrler ...In -on ^t filed with I1• a•. e,tm•nl i IablitM1 a p10...... Ia ., to, •o .•tiler ref Ir n,hio, d 1.
d•neud a any [,edllor al Ironrlere 15'' Ibat IM1e Irantl•r applion— in" b• mnhdra'.n by either Ins appli[ n1 ., Iheal;[eni.• erlM1 no rewltins Inability ho
the oepenm
car. t
14. SIGN HERE
meWdr
APPLICATION BY TRANSFEROR
15, STATE OF CALIFORNIA County of Dale ..
�nd.r nebr of Ne ur sent, one, n r,heu ri"olu. spear. ini ninifiu old rant Ill He 11. Irtmv, are a st.11 e1R<.r pl 1n. Itomeset liters.,
mN a Ih• Lene in, t n•Lr rsL.r.r. dint scaler vd 1 moh• IM1ir nbr ewn.n., o • 6•Fall, ql Ihe, he ho•by meb• epvnmtien I .ri
ell i Ihe n7Z,h.deliwm.u; d.n.b•d Wile ens 1 nl1- r nlb applimm aM no It lemeen ind—od on Ile riser ernint el thisoep,liini-
fo , 4 .[h beef. ....... is by IS. alntmr; 31 Ihel elb el nlw epplim;en er pronood 1 Mp mad. 1 Ibly rM pp.m.nl of o Ln e e '.nul
mepe.n.nl ...... d me n 11an n .r do,, p..dns Ih.r day a .+nh Ib 1 nf.r aolli mien rl noNed wilh Ibe losionm.m or le .sin a ..WiN .
pMa.n. to or to, enr ndinot of tnI or he defraud er inlur y aInd�l'lor .1 vemfaw, let -hot IM venbr epplitelien nay b willni S, .,.be, Hn
aglNenl . Ill. 14m.. wins .....I n, Ihi IN 11. oNion -Sin :;
17. Signo5re(s) of Licensee(,) 18. License
•
CITY OF RANUiO CUCAtiK)N;GA
STAFF REPORT
November 13, 1980
Cn4o� C FZ
1977
To: City Council and City Manager
From: Bob Rizzo, Community Services ►.J
Subject: City's Application of Funding under the California
State Solid Waste Management Act of 1980. (Litter
Control 68042 -d)
The City of Rancho Cucamonga has an opportunity to participate with
the above named agency for a Litter Control Grant of $7471.00.
The proposed use of these funds is aimed at making our park litter
control operations more effective and designing a litter awareness
program to deter littering.
The City will propose to contribute all personnel services to utilize
all grant funds for anti - litter equipment and supplies. The funds
received from the State will be committed in the following manner:
Fabrication and installation of roadside litter awareness signs -$3408
Purchase of State Standard trash receptables for City parks;
acquisition of these would improve litter control in our parks
by providing an increased number if readily availalbe containers -$3693
Purchase of mechanized "spike- sticks" for picking up single litter
items - -$ 120
Purchase and distribution of Rancho Cucamonga Spring Cleanup -
Litter Awareness posters; these will be placed in storefronts
and public buildings - -$ 250
Total State Funds - $7471.
Recommendation:
It is recommended the City Council adopt the attached resolution
authorizing the submittal of an application to participate in the
California State Solid Waste Management Grant Program (Litter Control
68042 -d)
• RESOLUTION NO. 80 -104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE
APPLICATION FOR GRANT FUNDS UNDER THE SOLID WASTE
MANAGEMENT ACT OF 1980.
WHEREAS, the legislature of the State of California has enacted
the State Solid Waste Management Act of 1980 which provides funds to
certain entities for litter cleanup, litter law enforcement, public
awareness and education, and purchase of litter receptacles; and
WHEREAS, the State Solid Waste Management Board has been
delegated the responsibility for the administration of the program,
setting up necessary procedures governing application by local agencies
under the program; and
WHEREAS, said procedures established by the State Solid Waste
Management Board require the applicant to certify the approval of
applications prior to submission of said applications to the state; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Rancho Cucamonga
It 1. Approves the filing of an application for funding under
the State Solid Waste Management Act Fund; and
2. Certifies that said agency understands the general provisions
of the grant agreement; and
7. Authorizes the Community Service Director as agent of the
City of Rancho Cucamonga to conduct all negotiations,
execute and submit all documents including but not limited
to applications, grant agreements, amendments and payment
requests, which may be necessary for the completion of the
aforementioned program.
PASSED, APPROVED, and ADOPTED this day of , 1980.
AYES:
NOES:
ABSENT:
ATTEST:
•
Lauren M. Wasserman, City Clurk
Phillip D. Schlosser, Mayor
0
ip
CITY OF RANCH CUGAAK)1JCu1
SFAFF REPORT
DATE: November 19, 1980
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer,
SUBJECT: Approval to Advertise Church Street and Highland Avenue
Reconstruction
Plans, specifications and estimates have been completed on the
Church Street and Highland Avenue reconstruction project. The
estimated cost for both projects is $110,000. The limits of
construction are as follows:
Church Street - Archibald Avenue to Hermosa Avenue
Highland Avenue - Hermosa Avenue to Haven Avenue
Both projects were included in this years budget.
RECOMMENDATION
It is recommended that City Council approve advertisement of
construction contract for the reconstruction of Church Street
and Highland Avenue.
Respectfully submitted,
LSH:blc
tl
0
lip
CITY OF RANCHO CUC%N/"1CA
STAFF REPORT
DATE: November 19, 1980
1977
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Acceptance of Bonds and Agreement for Parcel Map No. 6322
The attached resolution authorizes the City Clerk and City Engineer
to sign the above mentioned Parcel Map. The owner of the property
is Lewis Development Co. and the Developer will be G.V.D. Commercial
Properties, Inc.
The map consists of six parcels located on the north side of Foot-
hill Blvd. east of Vineyard.
Bond amounts are as follows:
Faithful Performance $223,000.00
Labor S Material $111,500.00
RECOMMENDATION
It is recommended that City Council adopt the attached resolution
authorizing the City Clerk and City Engineer to sign the map and
forward it to the County Recorder.
Respectfully submitted,
LBH: BK: jaa
Attachments
7
RESOLUTION NO. 80 -105
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6322,
(TENTATIVE PARCEL MAP NO, 6322)
IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY
WHEREAS, tentative Parcel Map No. 6322, submitted by G.V.D.
Commercial Properties, Inc., and consisting of 6 parcels, located between
Foothill Blvd. and San Bernardino Road, east of Vineyard, being a
division of portions of lots 11 and 12, subdivision "B" of Cucamonga
Vineyard Tract as recorded in Book 20 of Maps, Page 45, Records of
San Bernardino County, California was approved by the City Engineer of
the City of Rancho Cucamonga on September 10, 1980; and,
WHEREAS, Parcel Map Number 6322 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 Lewis Development Company 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 submitted by said developer be and the same
are hereby approved and the Mayor is hereby authorized to sign said
improvement agreement on behalf of the City of Rancho Cucamonga, and the
City Clerk to attest; and that said Parcel Map Number 6322 be and the
same is hereby approved and the City Engineer is authorized to present
same to the County Recorder to be filed for record.
I1
LJ
PASSED, APPROVED, and ADOPTED this day of ,1980.
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
Phillip D. Schlosser, Mayor
L
7
•1
CITY OF RANCHO CUCAN NGA
STAFF REPORT
DATE: November 19, 1980
TO: City Council and City Manager
FROM: Lloyd Hubbs, City Engineer
SUBJECT: Consent Calendar, Release of Bonds
Parcel Map 4907 - located on the northeast corner of Cleveland
and 4th Streets
OWNER: Kacor Development Co.
P. O. Box 755, Industrial Division
Temecula, California 92390
Cash Staking Bond $2,500
Derbish, Guerra and Associates have certified monumentation and
submitted street ties to the City.
Minor Subdivision 78 -0046 - located at Hellman Avenue and 9th
Street
OWNER: Mr. A.W. Davies
9421 Ninth Street
Rancho Cucamonga, California 91730
Faithful Performance Bond (Road) $11,000
The road construction for Minor Subdivision 78 -0046 has been
approved as being in accordance with the road improvement plans
and it is recommended that the City Council accept said
construction.
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I
11
STAFF REPORT
DATE: November 19, 1980
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineelo
BY: Dave Leonard, Maintenance Supervisor
SUBJECT: Bids for Industrial Equipment Trailer
Per prior Council approval, bids were solicited and received on
October 29, 1980, for one (1) Industrial Equipment Trailer to be
used to transport City tractor and backhoe. Three bids were
received with one bid from Case Power and Equipment not meeting
minimum specifications. Attached are the specifications and
summary on proposed bids.
RECOMMENDATION: It is suggested that Council reject Case Power
and Equipment's bid for not meeting minimum specifications and
that the Council authorize the Finance Director to purchase one (1)
Industrial Equipment Trailer, as specified, from Turner Inc.,
Ontario, California, at the bid price of $6,000.00.
LBH:DL:bc
1�
0
RANCHO CUCAMONGA, CALIFORNIA
PROPOSAL
FOR
ONE (1) INDUSTRIAL EQUIPMENT TRAILER
L
BIDS MUST BE SUBMITTED BY 2:00 P.M., October 29, 1980
L
ENGINEERING DIVISION
CITY OF RANCHO CUCAMONGA
9340 BASE LINE, SUITE B
RANCHO CUCAMONGA, CALIFORNIA 9170
CITY OF RANCHO CUCAMONGA
BIDDERS NOTICE
THE CITY OF RANCHO CUCAMONGA WILL RECEIVE BIDS FOR THE PURCHASE OF
ONE (1) INDUSTRIAL EQUIPMENT TRAILER
IN ACCORDANCE WITH SPECIFICATIONS CALLED OUT BY THE CITY OF RANCHO
CUCAMONGA ENGINEERING DIVISION. BIDS MUST BE RECEIVED BY 2:00 P.M.
ON October 29, 1980 BIDS WILL BE OPEN AT 2:00 P.M. ON THIS
DATE.
COPIES OF SPECIFICATIONS MAY BE OBTAINED FROM ENGINEERING DIVISION,
9340 BASE LIN ^c, RA[ICHO CUCAMONGA, CALIFORNIA 91701. BIDS MUST BE ,
SUBMITTED ON CITY OF RANCHO CUCAMONGA BID FORMS AND PLACED IN A SEALED
ENVELOPE AND ADDRESSED: CITY ENGINEER, CITY OF RANCHO CUCAMONGA, POST
OFFICE BOX 793, RANCHO CUCAMONGA, CALIFORNIA 91730 AND MARKED CLEARLY
"BID FOR ONE (1) INDUSTRIAL EQUIPMENT TRAILER "
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RESERVES THE RIGHT TO
REJECT ANY AND /OR ALL BIDS SUBMITTED.
PUBLISHED: 10/15 and 10/22/80
I�l
0
Department of Engineering
P. O. Box 807
9340 Base Line, Suite B
Rancho Cucamonga, California 91730
Bids must be received by 2:00 p.m.
and will be opened at that time,
on October 29, 1980
City Council
City of Rancho Cucamonga
Rancho Cucamonga, California 91730
Honorable Council:
In accordance with the established specifications, the undersigned
bidder agrees to provide the City of Rancho Cucamonga with
ONE (1) INDUSTRIAL EQUIPMENT TRAILER
at the following price, including sales tax. Bid price to be exclusive
of Federal Excise Tax.
Earer Deaver 39DOY1 8 5523.66
ITEM (Make and Model)
Case Power & Equipment
Company Name
929 ':test La Cadena Drive
Address
Riv�reide,Californla 92502
City S to
By: ��, .�.
general %IanaTpr
113
CITY OF RANCHO CUCAMONGA
SPECIFICATIONS FOR ONE (1)
INDUSTRIAL EQUIPMENT TRAILER
SCOPE:
Trailer provided herein shall be capable of legally hauling a Ford 545 tractor
with 765 backhoe. Trailer shall comply with applicable State of California and
Federal regulations. Specification are minimum. Acceptable bidder will supply
complete literature on trailer proposed.
TRAILER
1. GVWR: 21,500 Its.
2. Payload Capacity: 16,600 lbs. @ 55 MPH,
3, Trailer Weight: 4,600 lbs.
4. Deck Width: 91}"
5. Deck Length: 23' 4"
6. Ramp Angle: 120
7. Deck Height: 32"
8. Hitch: Lunette with adjustable height
Heavy Duty Jack Post - Swing Away
9. Wheels: 3 Axle
Tires 8 x 14.5, 12 Ply
8 Hole Budd
One Spare Wheel E Tire
10. Brakes: Electric 12" x 2" All Wheels
Break Away Protection
11. Light: Per Federal DOT specifications
12. Suspension: Lear Spring Load Equalizing
13. Tool Box: Provided between front frame and deck
1�
SPECIFY
As Snecified
18000 lbs ri 60 mnh
4200 lbs
96"
120 aonroximate
33"
•As
Snecified
9.50 x 16.5 10PR
As Snecified
As Snecified
As Snecified
As Snecified
As Snecified
As Snecified
As Snecified
E
BIDDER' S STO - -w"
vide eQniP c ; da I daY a fto�a auaTd
the
to 5
en
2°
.tbe bidder betehe Pecis is ti °ns within �'
of bld ed sn extend Price 4TOtecclon for Che bid for a
bi ad es lso ..,,es
aaYs* ons b on bt?s Yin '0j-'e
a as ev d C to
Tp tiod of fn�STeese th't e by the Ci Y at °`annfact °sV
bon
The b ;ddtotectton shall b ess cost for elan of
aYd
4T;ce P eol at bidd cted of {eT Ch ed eQu14'
cost he2ebY atoo 4ment e4 21 Y nto ena lY the s4eclfi
sn44
T blet he. t af e
fect th bidder's ab11
'est.
Sinned / �• � \ „' �
KotasY (XJ
i l5
Y
e Heavy duty spring suspension provides smother, 0 9.50 is 16.5 Heavy duty truck tires.
more level ride.
• Full deck over design — no wheel wells and no • 6 hole. Budd wheels
exposed tires.
• Compression loading feature allows weight of • V 50 Hi- Tensile main rails
machine to lower trailer for faster loading.
e Double capacity wiring harness. • Tires interchange with many trucks,
only one spare needed.
IP / OENFRAL EN.INES CO., INC., Interstate 195, IDorofnrs, N.J. 00096 (6091 845 -5400
/
"' FerBeover Sevtn.est rlanh 1100 interstate 10 west, Arlington, Texas 16017 10111 461 -1221
15 u
—f
T
35y
32
MODEL -B600W Overall Width -96"
Weight - +2000 Bed Length- 18' -0"
Capacity- 12000vftOmph Bed Width -96"
Overall Length- 24' -6" Bed Height -34"
:G,_br
i
n
T-1 e
35': -Y
32 34"
MODEL -B9DOW
Weight- 46000
Capacity- 180000'360mph
Overall Length- 24' -6"
ii._e..
,_6 "
Overall Width -96"
Bed Length- 18' -0"
Bed Width -96"
Bed Height -34"
24' -6"
r— � 31
6, -6" — ",_a„
355
32 34"
284
MODEL -B12S
Weight- 48000
Capacity- 24000#@60mph
Overall Length- 24' -6"
TIRES 9.50x'6.5 IOPR. / 8 Hole Budd® Wheels
BRAKES Electric - 12 x 2, one on each wheel.
Truck kit includes controller and
complete wiring.
Overall Width -96"
Bed Length- 18' -0"
Bed Width -96"
Bed Height -34"
11
DECK: 2" hardwood - installed length
COLOR Highway Yellow
RUNNING GEAR Multiflex Design
LIGHTS 6 ELECTRIC
TOW HITCH - Adjustable
for 3 heights.
17 SYSTEM Complete Set Furnished -
12 Volt.
1/78
S. "l
City Council
City of Rancho Cucamonga
Rancho Cucamonga, California 91730
Honorable Council:
Department of Engineering
P. 0. Box 807
9340 Base Line, Suite B
Rancho Cucamonga, California 91730
Bids must be received by 2:00 p.m.
and will be opened at that time,
on October 29, 1980
In accordance with the established specifications, the undersigned
bidder agrees to provide the City of Rancho Cucamonga with
ONE (1) INDUSTRIAL EQUIPMENT TRAILER
at the following price, including sales tax. Bid price to be exclusive
of Federal Excise Tax.
• 2ieman 2604B $ 6,000.00
ITEM (Make and Model)
_Turners, Inc.
Company Name
5072 Mission Blvd.
Address
Ontario, CA 91761
City 6 State
Store Manager
Title
40
1ST
CITY OF RANCHO CUCAMONGA
SPECIFICATIONS FOR ONE (1)
INDUSTRIAL EQUIPMENT TRAILER •
SCOPE:
Trailer provided herein shall be capable of legally hauling a Ford 545 tractor
with 765 backhoe. Trailer shall comply with applicable State of California and
Federal regulations. Specification are minimum. Acceptable bidder will supply
complete literature on trailer proposed.
TRAILER:
SPECIFY
1.
GVWR: 21,500 lbs.
22,750
2.
Payload Capacity: 16,600 lbs. @ 55 MPH
17,850
3.
Trailer Weight: 4,600 lbs.
4,90o
4.
Deck Width: 91}"
As Specified
5.
Deck Length: 23' 4"
6.
Ramp Angle: 120
"
7.
8.
Deck Height: 32"
Hitch: Lunette with adjustable height
Heavy Duty Jack Post - Swing Away
9.
Wheels: 3 Axle
Tires 8 x 14.5, 12 Ply
9.50 x 16.5 10 ply
8 Hole Budd
As Specif led
One Spare Wheel E Tire
10.
Brakes: Electric 12" x 2" All Wheels
n n
Break Away Protection
il.
Light: Per Federal DOT specifications
12.
Suspension: Leaf Spring Load Equalizing
13.
Tool Box: Provided between front frame and deck
•
lr
BIDDER'S STATEMENT
The bidder hereby agrees to provide the equipment and /or material
described in the specifications within 90 Or calendar days from award
el ss
of bid.
The bidder also agrees to extend price protection for the bid for a
period of 60 days.
The bidder further agrees that price escalations beyond the period of
price protection shall be borne by the City at manufacturer's invoice
cost.
. The City hereby agrees to make payment at bidder's cost for all
government mandated equipment requirements enacted after the award of
bids which affect the bidder's ability to supply the specified equip-
ment.
/� 1 -->
Signed %L�[T, _ /j�s /i06 /✓�
Notary
lI
0
0
0
E'z SERIES 2600
Ni
HEAVY DUTY EQUIPMENT
E
EITO19
EITOfl
t7
r- n r'1
SPECIFICATIONS
Model 2602
SPECIFICATIONS
Gross Vehicle Weight Hating
16000 his
Model 2601 2axles
Ramp Angle
12
_
Gross Vehicle Weight Rating 14 2001hs
Deck Height (no load)
32'
$...
_ Payload Capacity 10 335 his , 55 M P H
Hitch Height (no load)
20', to 291)'
Trader Weight (Std Equip) 3865 Its
Tire Size
6145. 12 PR
21',
I Deck Width 91 "i"
Brakes Std(All Wheels)
Electric 12'.2'
Deck Length 19 0
Brakes Optional (All Wheels)
Overall Length 25 "0
1 Hydraulic 12'x2 "(Ali or Vacuum
Activated)
Ramp Spacing (Outside to
2 Hydraulic, Surge Activated
Outside) B9 , Max. 79 ; Min
Available Potchris- Lunette Ball
Ranlp Widm(Each) 21 ,
Tuc BOx -Opt Equipment
Ramp length 64'
Oecxing -Douglas Fit n'
SPECIFICATIONS
Model 2602
2axles
Gross Vehicle Weight Hating
16000 his
P.rylcad Capacity 12,000
Her; - 55 M PH.
Trailer Weight (Std Equip)
400010S
Deck Width
91 .
Deck Length
19 0
Overall Length
25 0
Ramp Spacing (Outside
to Outside) 89 ,'Max
79 . Min
Ramp Width (Each)
21',
Ramp Length
64
#G26
Ramp Angle 14':
Deck Height (no load) 35'f-
Hdch Height (no load). 2P,' to 30x1'
Tire Size - 950.16510PB
Brakes Ste. (All Wheels) Electric. 12" x2
Brakes Optional (All Wheels)
1 Hydraulicl2 x2 (Air or Vacuum Activated)
2 Hydraulic. Surge Activated
Available Hitches - Lunette. Ball
Tool Box -Opt Equipment
Decking - Douglas Fu I ,
[]500'e7 C) Is.
SPECIFICATIONS
Model 26038
_ 2axles
Gross Vehicle Weight Rating'
IH.000 ms
Payload Capacity 13,500
Ihs. of 55 M.P.H.
(Opt. 14,500 lbs.)
Trailer Weigh] (Std Equip)
- 4500 Its
DeckWMh
911 r
Deck Length
23'4"
Ov all length _ _ 26'5"
pacing (Outside
inside) 89- Max. 79si'Min
Ramp Width (Each) 21'x'
Ramp Length _ _ .. SC
Ramp Angle _ _ _ _ 14'
Deck Height (no load) _ _ _ 36'
Hitch Height (no load) - 22 to 31"
He Size Std 1203 x 18.510 P R, Opt 12PR
Brakes5td (All Wheels)- Electric 12 "x3"
Brakes, Optional. Hydraulic, 12" x 3" (Air
or Vacuum Activated) •
Available uiLunette, Ball
Teal Box -Opt Hitches-
Equipment
Deckinn- Onunlas Fir tr /'
AII laeman traders are rated by Gross Vehicle payload Higher ratings, for operation at re- strict weight laws, demand that the gross ve-
Wec;ht Rating. at 55 MPH G VW R is the duced speeds. are available for some models hale weight of a trader be properly distributed
sum of the trader s weight, and its maximum Consult dealer for details. Sate operation, and between its axles and its hitch.
SEE BACK OF BROCHURE FOR MORE INFORMATION ON FEATURES
'May be increased to 19.000 Its with optional 12 P R lit es
mw
SPECIFICATIONS
-
/
Model 2605
3axles Ramp Angle 14'.
Gass Vehicle Weight Rating
23 BEG the Deck Height (no lead) 35:
Payl�: ".1pacity 18,000 RES -a 55 MPH. Hitch Height (no lump 21': to 30,
I
Mai
Bader Weigel (Sad hemp)
5800 Ins Tire Size 9 50 x 16510 PR
Deck Width
91 Brakes Std (All Wheels) Electric. 12 x2
i
Deck Length
23 4 Brakes Optional (All Wheels)
Overall Length
285' Hydreutc12 "x2 (An or Vacuum Activated)
Ramp Spacing (Outside
Avaiable lftches- Lunette
to Outside) Be : Max 19 Min Tam Box -Opt Equipment
Unit Shawn Equipped With Optional
Ramp Wood(Eachp
21 • Oecong- Apdong 2
Cy�� ] -�� �� "Gooseneck" Construction
Ramp length
64
D/X
SPECIFICATIONS 6VW z2,soo
SPECIFICATIONS
Model 26048
3axles
Made] 2606 3axles
Gross Vehicle Weight Rating
Payload
Gross Vehicle Weight Rating Payload
Cap icny
- 21.500 dos. 16.600 His ••• 55 MPH-
Capacity- - . 24.600 lbs. 18,650 lbs. i i 55 M.P H.
Trailer We:ght(Ste Equip)
4900 His
trailer Weight (Std Equip) - 5950 Her
Oeckt'hdtn
91' a
Deck Width - 91"
Genii Length
23 4
Deck Length 23' 4'
Overall Length
28 5'
Overall Length 28'5'
Romp SPdce(Outside to Outside)
89', Max 79. Min
Ramp Spacing (Outside to Outside) 89n!' Max. 797," Min
Ramp Worth (Each)
21 i
Ramp Width (Each) 21',-
Horan Length
64'
Ramp Length 64
Ramp.4ngle
t2
Ramp Angle - 14
Dei.k Height (ad load)
32
Deck Height (no load) - 36"
Hitch Height (no lode)
20. lo29 -e'
Hitch Height (no load) 22 "to 31
Tire Size
8145. 12PR
Tire Size .1200 x 165. 10 PR
Brakes Std (All Wheels)
Electric, 12 x2
Brakes Std (All Wheels) Electric. 12' x3
Bakes. Optional rail Wheels, Hydraulic 12 x2 (Air or Vacuum Activated)
Brakes Optional (Ail Wheels) Hydraulic 12 'x 3'(Air or Vacuum Activated)
Available Pooches - Leanne
Available Hitches - Lunette
for B., Out Fn• i sel
b 0
Tool Box -Opt Equipment
Decking - Douglas Fir .
r
S69
Decking- Aptong. 2"
a
L ion+
AII laeman traders are rated by Gross Vehicle payload Higher ratings, for operation at re- strict weight laws, demand that the gross ve-
Wec;ht Rating. at 55 MPH G VW R is the duced speeds. are available for some models hale weight of a trader be properly distributed
sum of the trader s weight, and its maximum Consult dealer for details. Sate operation, and between its axles and its hitch.
SEE BACK OF BROCHURE FOR MORE INFORMATION ON FEATURES
I,
L�
RANCHO CUCAMONGA, CALIFORNIA
PROPOSAL
FOR
ONE (1) INDUSTRIAL EQUIPMENT TRAILER
BIDS .`!BST BE SUB'1ITTED BY 2;n0 o,M„ Octoyor 23 1 %0)
ENGINEERING DIVISION
CITY OF RANCHO CUCAMONGA
9340 BASE LINE, SUITE B
RANCHO CUCAMONGA, CALIFORNIA 9170
CITY OF RANCHO CUCAMONGA
BIDDERS NOTICE
THE CITY OF RANCHO CUCAMONGA WILL RECEIVE BIDS FOR THE PURCHASE OF
ONE (I) INDU STRIAE EQUIPMENT TRAILER
IN ACCORDANCE WITH SPECIFICATIONS CALLED OUT BY THE CITY OF RANCHO
CUCAMONGA ENGINEERING DIVISION. BIDS MUST BE RECEIVED BY 2:00 P.M.
ON October 29, 1980 BIDS WILL BE OPEN AT 2:00 P.M. ON THIS
DATE.
COPIES OF SPECIFICATIONS MAY BE OBTAINED FROM ENGINEERING DIVISION,
9340 BASE LINE, RANCHO CUCAMONGA, CALIFORNIA 91701. BIDS MUST BE Is
SUBMITTED ON CITY OF RANCHO CUCAMONGA BID FORMS AND PLACED IN A SEALED
ENVELOPE AND ADDRESSED: CITY ENGINEER, CITY OF RANCHO CUCAMONGA, POST
OFFICE BOX 793, RANCHO CUCAMONGA, CALIFORNIA 91730 AND WKED CLEARLY
"BID FOR ONE (1) INDUSTRIAL EQUIPMENT TRAILER
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RESERVES THE RIGHT TO
REJECT ANY AND /OR ALL BIDS SUBMITTED.
PUBLISHED: 10/19 and 10/22/80
•
0
BIDDER'S STATEMENT
The bidder hereby agrees to provide the equipment and /or material
described in the specifications within 45 calendar days from award
of bid.
The bidder also agrees to extend price protection for the bid far a
period of 60 days.
The bidder further agrees that price escalations bevond the period of
price protection shall be borne by the City at manufacturer's invoice
cost.
The City hereby agrees to make payment at bidder's cost for all
government mandated equipment requirements enacted after the award of
bids which affect the bidder's ability to supply the specified equip -
merrt.
Signed
y `
No[ar 'i,'."ZIVIy�
.rr
0
CX
Department of Engineering
P. 0. Box 807
9340 Base Line, Suite B
Rancho Cucamonga, California 91730
Bids must be received by 2:00 p.m.
and will be opened at that time,
on October 29, 1980
City Council
City of Rancho Cucamonga
Rancho Cucamonga, California 91730
Honorable Council:
In accordance with the established apeclfications, the undersigned
bidder agrees to provide the City of Rancho Cucamonga with
ONE (1) INDUSTRIAL EQUIPMENT TRAILER
at the following price, including sales tax. Bid price to be exclusive
of Federal Excise Tax.
Miller UT30 $ 6,201.00 is
ITEM (Make and Model)
Whitney Tractor Co.
Company Name
20 Iowa Avenue
Address
Riverside, CA 92507
City b State
I
By; 41�y yam 41,/ pan McGrew
General Sales Manager
Title
c�7
•
u
•
CITY OF RANCHO LUCAMONGA
SPECIFICATIONS FOR ONE (1)
INDUSTRIAL EQUIPMENT TRAILER
SCOPE:
Trailer provided herein shall be capable of legally hauling a Ford 545 tractor
with 765 backhoe. Trailer shall comply with applicable State of California and
Federal regulations. Specification are minimum. Acceptable bidder will supply
complete literature on trailer proposed.
TRAILER:
SPECIFY
1. GVWR: 21,500 lbs.
22,650
2. Payload Capacity: 16,600 lbs. a 55 MPH
18.000
3• Trailer Weight: 4,600 lbs.
J4650
4. Deck Width: 91}"
961.
5. Deck Length: 23' 4"
19' 6'.
6. Ramp Angle: 120
130
7. Deck Height: 32"
300
B. Hitch: Lunette with adjuStable height
Heavy Duty Jack Post - Swing Away
As requested
9. Wheels: 3 We
3 axle
Tires 8 x 14.5, 12 Ply
9 x 14.5. 12 Ply
8 Hole Budd
Budd
One Spare Wheel & Tire
As requested
10. Brakes: Electric 12" x 2" A11 Wheels
As requested
Break Away Protection
As requested
11. Light: Per Federal DOT specifications
As requested
12. Suspension: Leaf Spring Load Equalizing
As requested
13. Tool Box: Provided between front frame and deck
As requested
a�
LIA
L�-A-
S,
At
1AA
.. - � �, - IiiiiiI � r
, �i4,o I Al illk- wliy
0
Ire " U —ra
"film
Wdeft IWlily Ip Vabilififf?f loading a varretyrel'Constroction equi
a ariffearia. leaf spring lltflpilfnll�.. �poy 'do a smooth cushl�A".d',�
,h
pairs
do 1'", It Cfrps�. surfaces
oT;
Redg.00X
1,11,12NA: �X" oadRa.geF p
lhectamsi�hiiiird'NZUIP"m notanaddition I post
.
n
plion. Theater larger tires provide more load carrying capacity and longer tire Iii th,.t
es ..Sllw, ines used! by most of the competition., U4,� �_h
4417
hap— L."
Na iaq.haulFrg,.igh ......
end '100
g, ncifbf�fteas an fair a n within the 8 too
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r, E t� I JiN
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t'lit -t.Cu U id,-a'. r 1(_
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Form UT30 • -
SOLD AND SERVICED RY
•
• 1
• WTY OF RANCHO CUCAMONGA •
SU,LIARY OF PROPOSALS OPENED
:)AT E INDUSTRIAL EQUIPMENT TRAILER
CONTRACT
LOCA. _ON
IMMS
QUA.NTl=S
Bid
Amount
Rid
Amount
Oid
AmuuIt
Bid
dmoun[
B
eiJder':; 3-ad
_
Turners, Inc.
1
'6,000.00
Case Power s Equip.
1
I
5,523.66
Whitney Tractor
1
6,201.00
W
CITY OF RANUIO CUCA'V101GX oCVCAw' ()n
STAFF REPORT J� '
•
0
vi *16 0 DATE: November 19, 1980
TO: Members of the City Council and City Manager 1977 ..
FROM: Barry K. Hogan, City Planner
SUBJECT: UPGRADING OF REPRODUCTION EQUIPMENT
ABSTRACT: Because of recent breakdowns of the IBM Copier III Staff has
investigated the feasibility of adding another Copier III machine for the
Community Development Department. The feasible workload of the IBM Copier
III is approximately 40,000 copies per month. Our current machine is re-
producing approximately 80,000 to 90,000 copies per month. Our estimation
of the number of copies run by the administrative offices is approximately
40,000 per month. The number of copies run by the Department of Community
Development is approximately 45,000 copies per month.
In order to have greater reliance on the present IBM Copier III, we feel
that it is necessary to request an additional Copier III to reduce the
excessive workload on the existing machine. We anticipate that by lessening
the number of copies run on the existing machine it will bring us more in
line with the specified workload of the IBM Copier III.
We would also request that reduction capability be added to our request
for an additional IBM Copier III. The reduction feature costs an additional
$97 per month, but it would be an invaluable tool for both Council and
Commission Agenda packets and presentation meterial.
The monthly cost for the IBM Copier is $671.57. With the reduction feature
an additional $97 per month would be required totaling $768.57. This monthly
rental also includes the first 15,000 copies. Copies in excess of 15,000
would cost .0173 cents per copy, and those copies exceeding 30,000 would cost
.011 cents per copy.
RECOMMENDATION: It is recommended that the City Council authorize the
Finance Director to proceed with the rental of an IBM Copier III with the
reduction feature at the cost above - referenced.
Respectfully subm'tted,
4RRY[k/ HOG
ity rlanner
UK
. I 3L2
L
•
10
`ll: . D L .i
November 19, 1980
TO: City Council
FROM: Lauren M. Wasserman
City Manager
SUBJECT: Refuse Operatio
At the October 15, 1980 meeting, the City Council heard testimony
from a number of citizens regarding the issue of refuse collection
services in Rancho Cucamonga. As a result of the public testimony,
the major issues identified are as follows:
1. Shall refuse collection franchises be granted?
2. Shall refuse collection be required of all single family
dwellings?
3. What collection rates shall be established by the City
Council?
a. Shall the City retain different rates for property
above Base Line?
b. Shall the City accept the rate structure which was
previously adopted by the County?
4. Shall payment in advance be required?
5. Shall exemptions be granted from required collection?
6. Shall the permitted quantitites of refuse be specified in
Ordinance No. 117?
ISSUE 1: SHALL REFUSE COLLECTION FRANCHISES BE GRANTED?
whether refuse collection is required or optional, franchising
should be considered for the following reasons:
A. State laws place overall responsibility for refuse collection
and other health and safety concerns with local agencies.
B. Franchisinq of refuse companies is, in some instances,
similar to franchisino of utilities. Private business
operators are permitted to work within the City subject to
certain regulations which are deemed necessary to protect
the health and safety of our community. The assurance
that companies will be permitted to operate also means that
safe, modern equipment will be purchased, maintained, and
33
-2-
periodically replaced throughout the life of the •
contract.
C. The City establishes minimum standards for service and,
in some instances, may require improved levels of service
from collectors if problems occur.
D. It is essential that the City Council, the locally
elected representatives, review rate increase requests
and determine appropriate fees for refuse collection services.
(Rate adjustments were previously approved by the County of
San Bernardino). Without a franchise, the City has no
authority to establish or change the rates charged for
refuse collection.
E. Through franchising, the City will assume a greater role
in resolving problems and customer complaints which may
arise. Prior to franchising, the City received all com-
plaints but had no legal authority to resolve problems on
behalf of citizens. The mere fact that franchises are
subject to periodic renewal tends to help the operators Per-
form satisfactorily.
F. It is the City's responsibility to plan for future service
needs. While the current population receives adequate refuse•
collection services, the City must also be concerned that
as new areas of the community are built, adequate services
are available.
If the City Council concurs that franchising is an appropriate action,
you must then determine whether franchised collectors are to be
limited to certain geographical territories or whether they shall be
permitted to operate anywhere within the community. If non - exclusive
franchises are granted, residents will have a choice of either of the
two companies for refuse service.
ISSUE 2: SHALL REFUSE COLLECTION BE REQUIRED FOR ALL SINGLE FAMILY
DWELLINGS?
In most large communities, the collection of rubbish is required in
order to protect the health and safety of the community. The re-
sponsibility for the general health and safety of the City rests with
the City Council, the elected representatives. While many homeowners
conscientiously dispose of rubbish by taking it to the County dump
each week, there is also a substantial number of citizens who dis-
pose of trash by throwing it on vacant lots, in shopping center bins,
or by allowing trash to accumulate on their property for long periods
of time, thereby creating health hazards. In special circumstances
the C`,ty Manager may grant exemptions from the requirement if special •
conditions exist which make the collection of rubbish extremely
difficult or imcossible.
•
-3-
When reviewing the issue of mandatory collection of refuse, the
City Attorney indicated that, '...unless there are some mandatory
functions to an ordinance, you cannot enforce mandatory refuse
disposal or obtain lower unit cost by volume. The mandatory
feature of Ordinance No. 117 is the obligatory fee." Council may
recall that one of the points raised at the recent public hearing
was that the ordinance controls citizens, but not the refuse
operators. (The ordinance has since been redrafted to place
greater control over the companies).
The issue of whether refuse collection shall be mandatory is
undoubtedly the most controversial and most important policy de-
cision facing the City Council. From a health and safety concern,
mandatory pickup is very important. But from a political stand-
point the City Council may wish to offer an option to our citizens.
We are not certain how many homeowners prefer to use the refuse
collection service and how many prefer to take their trash to the
dump. We have in excess of 17,000 single family dwelling units
in our City. As the City grows, most new residents will, we presume,
use the current refuse collectors rather than take their trash to
the dump. On the other hand, if collection is not mandatory, it will
be virtually impossible to prevent neighboring property owners from
"pooling" their trash to save money or avoid paying fees. Strict
• enforcement is simply impossible unless collection is mandatory.
ISSUE 3: WHAT COLLECTION RATES SHALL BE ESTABLISHED BY THE CITY
COUNCIL?
The reasons for a rate differential north of Base Line no longer
exist in our view. The most recent increase in rates was not
authorized by the City Council, and is therefore, illegal according
to our City Attorney.
The City Council has a number of options concerning the setting of
rates. Those options are as follows:
Adopt the rates recently approved by the County of $5.90
per month.
Revert to the former rate of $5.50 per month throughout
the City.
Select a rate which is fair to taxpayers, but also permits
a reasonable profit to be made.
Option B offers an immediate "benefit" to consumers and recognizes
that the franchise operators are entitled to a reasonable amount of
return on investment. Option B also takes into account that if
franchise territories are retained, the collectors are assured that
they will collect at every house on a block. This system is not
only safer, but it is far more economical and cost effective. This
-4- 0
policy may also offset the loss of revenues if the rate is the
same throughout the community.
The City Council should also consider establishing a reduced rate
for senior citizens.
ISSUE 4: SHALL PAYMENT IN ADVANCE BE REQUIRED.
The collection in advance for services to be furnished is a policy
of the refuse companies. This policy has been in effect for
several years and is presumably intended to provide funds for on-
going maintenance and operations.
The City may wish to eliminate the advance payment requirement.
However, the City Council should be aware that because of the
turnover in housing in our City, the refuse operators may experience
a large number of uncollectible accounts from those who have moved
and failed to pay their trash bills. Advance payment is traditionally
required in the refuse industry.
•
It is suggested that the City Council delete the payment in advance
requirement only if trash pick up is mandatory. If collection is
optional for homeowners, the refuse collectors must be assured of
payment for services rendered. This can be done only by retaining
the payment in advance policy.
ISSUE 5: SHALL EXEMPTIONS BE GRANTED FROM THE REQUIRED COLLECTION?
ordinance No. 117 contains a provision which permits the City
Manager to grant exemptions from the required pickup provision. The
City Council may wish to retain these provisions if, in your view,
they are reasonable.
It is our view that the exemption provision is presently adequate.
However, we may wish to review this section of Ordinance No. 117
in approximately twelve (12) months.
36
•
• -5-
ISSUE 6: SHALL THE MAXIMUM PERMITTED QUANTITIES OF REFUSE BE
SPECIFIED IN ORDINANCE NO. 117?
It is recommended that the ordinance specify that residents may
place at the curb for weekly collection up to five trash receptacles,
three plastic bags, and three bundles of tree clippings at no extra
charge. The refuse operators have agreed to this provision.
CONCLUSIONS AND RECOMMENDATIONS:
There is no easy way to deal with the problem of refuse collection.
It is an essential service, but one which is plagued with problems:
it matters not whether the service is handled by cities or by private
operators.
It is the staff's view that refuse collection simply cannot be
handled on a "handshake" basis. Whenever the City is concerned
with health and safety issues, some type of formal regulation is
• essential. The decisions made by the City Council today will impact
our community now as well as when our population exceeds 100,000.
It is recommended that the City Council consider the following
actions:
M
9
Amend Ordinance No. 117 to set forth regulations and
policies which will affect residents and the refuse
operators. The attached draft of Ordinance No. 117 -A
has not been reviewed by the City Attorney. It is pro-
vided for discussion purposes only. If Council provides
specific direction, staff will draft an ordinance which
will accomplish your goals.
or optional. Statt has already indicated the advantage
of each alternative. The City Council must determine
the policy which offers the best long -range solution for
our City. If collection is not mandatory, you may wish to
amend Ordinance No. 117 -A to specify that all trash
accumulation must be removed at least every 14 days (or
whatever period you feel is reasonable). This will provide
us with some legal means for eliminating serious problems
as they occur.
3 %
-6-
•
3. Reaffirm the decision to award franchises (either ex-
ClIISiVe OY non- exrinci.m �.. v.. n,._
Zv=a cu oe rarr ana r
able and should be retained.
4. Formally notify the two operators that the five year
amortization period will be in immediately. Indicate
that at some point in the future, the City Council may
decide to grant additional time if the service is satis-
factory. (This will serve notice to our citizens that
the Council is concerned and may change its franchising
procedure if things don't work out as well as planned).
5. Adopt the rate which urac — __
cents per month reduction over the rate which was assessed
illegally on October 1, 1980. Rates shall remain in
effect until October 1, 1981. This is somewhat arbitrary,
but under the circumstances entirely appropriate in our
View. It will be necessary for the operators to provide
credits to customers who have paid the illegal rate.
6. Adopt the rate setting formula outlined by the Director of •
Finance for use as a aide in etermininq future rates. The
City Council would retain the option to set any rate it
feels is appropriate, but rate proposals will be based more
on facts than on emotions.
7. Decide whether the City Council feels oavment
+uc ceiuse operators may have
help the Council make the decision.
8. Instruct the staff and the refuse operators that this
present a progress report to the Council concerning the
franchising operation. This lets the operators and the
Public know that the Council is concerned and will be
maintaining a watchful eye on the refuse operations.
In summary, it is our view that the above recommendations offer
numerous concessions to the citizens while retaining minimal control
over an important service. Please remember that there is no way to
please everyone. Our staff recommendation, along with any other
compromise the City Council wishes to offer, may help to "de- fuse"
the issue to the point where reasonable people may better under-
stand the complexity of the situation. The one year review period
will also help to encourage the highest level of service.
•
-7-
Regardless of the action taken by the City Council, we are obli-
gated to work with the present refuse operators for at least five
years. Unless we have a franchise, we cannot legally prohibit
other refuse operators from doing business in Rancho Cucamonga.
Mayor Schlosser has raised many of the same issues addressed in
this staff report. We agree with him on almost every point.
However, based upon our experiences in several other communities,
it is virtually impossible to provide refuse collection using a
"gentlemen's agreement." I see no way to successfully arbitrate
rates or levels of service unless the City has some control or
direct invovlement in the activity.
LMW:baa
attachments:
Ordinance No. 117 -A
Resolution No. 80-
. Memo dated October 27
Copies of Franchises
List of Questions and
9
from Sam Crowe
with Yukon and Rancho
Answers
3?
•'i� ORDINANCE N0. 117 -A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, PROVIDING FOR CONTROL, COLLECTION
• AND DISPOSAL OF RESIDENTIAL REFUSE.
The City Council of the City of Rancho Cucamonga, California
does ordain as follows:
SECTION 1: Collection of Refuse. As required by the
minimum standards of the State Solid Waste Government Code, a mandatory
residential refuse collection service shall be provided to the citizens of
the City of Rancho Cucamonga at least once each calendar week.
SECTION 2: Charges for Collection of Refuse. A monthly
charge for the collection of refuse shall be made against the occupants of
each residential unit within the City. The amount of such monthly charge
shall be fixed from time to time by the City Council by resolution; provided,
however, no change in such amounts shall be effective until thirty (30) days
after the adoption of the resolution changing the same. The monthly charge
may vary within the City if the City Council determines that refuse collection
costs in some areas exceed those in other areas because of location, topography
or other reasons.
SECTION 3: Method of Billing. Refuse collection charges
for each residential unit shall be billed by and collected by the collector
that provides services to such unit. Refuse collection charges shall be due
and payable upon being billed, and delinquent twenty-five (25) days thereafter.
•
SECTION 4:
Liability for Payment.
In
In the event
the occupant
(30)
of a residential unit fails
to pay refuse collection
within
thirty
days following the billing
thereof, the owner of the
premises upon which such
residential unit is located
shall also become jointly
and severally
liable for
the payment of such charges.
SECTION 5: Penalty for Non- Payment. A penalty shall be
determined by Resolution of the City Councii from time to time establishing
a change for those who fail to pay the regular charge within thirty (30)
days following the date on which they are first billed therof.
SECTION 6: Ad iustment for Vacancies. No collection charges
shall be charged during the term chat a residential unit is vacant, provided
that written notice of the dates of commencement and termination of the vacancy
is given to the servicing collector, provided, however, that refuse is not set
out for collection from such vacant unit.
SECTION 7: Refuse Defined. "Refuse" shall mean and include
garbage, combustible rubbish and noncombustible rubbish.
(a) "Garbage" shall mean and include all kitchen and table
refuse, leavings, offal, and every accumulation of organic matter which attends
the preparation, consumption, decay or dealing or storage of meat, fish, fowl,
fruits and vegetables. "Garbage" does not include human body waste or liquid
swill.
(b) "Combustible rubbish" shall mean and include but shall
not be limited to paper, cardboard, rags, clothing, books, footwear, packing
materials, grass, leaves, brush, and other substances that will incinerate
through contact with flames of ordinary temperature. "Combustible rubbish"
0
Page 2
shall not include furniture, large household appliances, junk autos or parts
therefrom, dirt, rock or material from the demolition, alteration or construction
of buildings.
SECTION 8: Other Definitions. For the purposes of this .
Ordinance, the fallowing words and phrases shall have the following meaning:
(a) "Apartment house" shall mean a building, or portion thereof,
designed for occupancy by four (4) or more families, living independently of
each other.
(b) "Collector" shall mean any person or company designated
by the City Council by ordinance, resolution or contract to collect refuse
within the City.
(c) "Each residential unit" shall mean each place used for
residential purposes for a single family. Any residential unit used secondarily
for business purposes may be considered a commercial unit for the purposes of
assigning charges for special collection purposes.
SECTION 9: Receptacles Required. Except as provided in this
Ordinance, it shall be unlawful for any person to keep, place or deposit refuse
in or upon any public or private property except in refuse receptacles which
comply with the requirements of this Ordinance.
SECTION 10: Refuse Receptacles: Residential.
(a) Except as provided in this section, all refuse from a
residential unit shall be kept in a metal or plastic receptacle which has a
tight - fitting cover which prevents the escape of odors, and which is equipped •
with at least two (2) bails or handles. Receptacles shall not be less than
fifteen (15) gallons nor more than thirty -five (35) gallons in capacity, nor
shall the maximum gross weight of a loaded receptacle set out for collection
exceed seventy-five (75) pounds in weight.
(b) The limit on the number of receptacles to be set out for
pick -up shall be determined by resolution.
(c) Grass clippings, leaves and other hard work debris, other
than branches or tree limbs, may be either deposited in metal or plastic
receptacles, as above mentioned, or in wooded or sturdy cardboard boxes, tubs,
plastic trash bags or similar receptacles. If cardboard boxes are used, the
cardboard boxes .along with the contents shall be considered refuse set out
for collection and both the cardboard boxes and contents shall be collected.
(d) Branches, tree limbs or other similar debris shall be
tied with sturdy twine, rope or wire, in bundles not exceeding four feet (41)
in length nor eighteen inches (18") in diameter.
(e) Newspapers and magazines may be either deposited in metal
or plastic receptacles, as above mentioned, or tied with sturdy twine, rope
or wire, in bundles not exceeding fifty (50) pounds in weight.
(f) Cardboard boxes may be either flattened and deposited in
metal or plastic receptacles, as above mentioned, or may be flattened and tied
in bundles not exceeding four feet (4') in length nor fifty (50) pounds in •
weight.
/
.Page 3.
i
(g) Apartment houses may utilize contractor- approved commercial
type collection bins and shall do so if required by the collector serving the
apartment house. When an apartment house utilizes commercial -type bins one (1)
• 3 -yard bin shall be furnished for each multiple of six (6) residential units or
fraction thereof.
(h) Garbage may be fed to animals upon property where animals
may lawfully be kept in the City if proper sanitary conditions are maintained.
SECTION 11: Expense of Refuse Receptacles. Refuse receptacles
required by this Ordinance shall be provided by the occupants of each residential
unit or commercial establishment within the City and without expense to the City.
SECTION 12: Receptacles: Cleanliness. The exteriors of the
refuse receptacles including covers, shall be kept clean by the occupant. The
interior of refuse receptacles shall be cleaned periodically to prevent accumu-
lation of grease or decomposing materials.
SECTION 13: Placement of Refuse Receptacles.
(a) Except when set out for collection as herein provided, refuse
receptacles shall be kept within a building or otherwise out of view from the
public right -of -way adjacent to any property.
(b) No refuse receptacle shall be placed upon any public street,
alley, sidewalk or right-of -way in such a manner as to impede or endanger pedes-
trian or vehicular tra -fic.
• (c) Refuse receptacles and containerized or bundled refuse
shall be placed at the curb for collection, but not prior to eighteen (18)
hours before the scheduled collection day.
(d) All refuse receptacles shall be removed from public view
the same day collection service is rendered.
(e) All commercial-type collection bins or drop bodies shall
be placed in an area which is easily accessible to collection personnel and
equipment, with sufficient way to safely collect and maneuver without injury
to persons or property.
SECTION 14: Periods to Set Out Refuse and Time for Collection.
Refuse shall be set out for collection not later than :00 a.m. on the day of
collection. Any refuse remaining uncollected after the completion of collection
in that block shall constitute prima facie evidence that such refuse was set out
for collection after the expiration of the time designated for collection in that
block. The person making the late deposit shall return all uncollected refuse
to the premises from whence it came or shall arrange for a special collection to
be made.
SECTION 15: Garbage to be Wrapped. Garbage shall be wrapped
in paper or in plastic adequate to contain it without spillage or leakage before
it is deposited in a refuse receptacle.
SECTION 16: Destruction of Refuse Reccptacles Unlawful. It
shall be unlawful for any person to intentionally abuse, dent, bend, mutilate,
damage or destroy any refuse receptacle or cover thereof, provided however,
that this section shall not apply to the owner of such refuse receptacle or a
person acting with permission of the owner.
ra
• uruim _ No. 11,
��� • 'Page 5
Section 24: Unauthorized Collectors. Except where a person or
company is authorized to continue collection services pursuant to Health and Safety
Cade Section 4272, it shall be unlawful for any person, other than the holder of
a current refuse contract with the City, to collect or to remove any such receptacle
from the place where the same is placed by the person entitled to possession thereof,
or to remove the contents of any such receptacle. This section applies only to the
collection and removal of refuse from residential units.
SECTION 25: Refuse Truck Regulations. Any person or company
holding a refuse contract with the City shall provide an adequate number of vehicles
and equipment expressly and especially designed for the containment, collection
and transportation of refuse. Said trucks shall be equipped so as to prevent the
spilling or dropping of any refuse or liquid therefrom. Said trucks, when not in
use, if kept within the boundaries of the City, shall be kept only upon private
property in a zone which allows the parking of trucks. No refuse truck shall be
parked overnight in the City while partially or fully loaded with refuse, unless
due to breakdown or emergency, without permission of the City Manager.
SECTION 26: Deposit of Waste Prohibited. It shall be unlawful
for any person to cause,or permit any garbage, sewage, commercial or industrial
waste, or waste of any other nature, to remain or be deposited or discharged
upon the surface of the ground on any public or private property.
SECTION 27: Exceptions: Application and Appeal.
(a) Any person desiring to secure an exception from any provision
of this Ordinance may apply therefore in writing to the City Manager.
(b) The City Manager is authorized to grant exceptions from the
provisions of this Ordinance if he finds that all of the following conditions exist:
,
(1) Granting the exception would not be detrimental to the
public health and safety;
(2) Not to grant the exception would result in undue hard-
ship to the applicant; and,
(3) The hardship which would result to the applicant from
not granting the exception is a hardship which would not generally apply to other
property in the City.
(c) The action of the City Manager in granting or denying an
exception to the provisions of this Ordinance shall be in writing, and shall
be served upon the applicant in person or by mail and shall also be posted in
three (3) public places within the City. Any person residing or owning property
within the City may appeal the action of the City Manager to the City Council.
The action of the City Manager shall be final unless written notice of appeal
is filed with the City Clerk not more than ten (10) days following the date of
posting of the action by the City Manager.
SECTION 28: Violations. Any person violating any of the
provisions of this Ordinance shall be Deemed guilty of a misdemeanor and shall
be punishable by a fine of not more than $500.00 or imprisonment for not more
than six (6) monthn, or by both such fine and imprisonment. Any violation
continuing for more than one (1) day shall be deemed to be a separate violation
•
for each dad said violation exists
0��
RESOLUTION NO. 80- 106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA PERTAINING TO RATE CHARGES FOR
• THE COLLECTION AND DISPOSAL OF REFUSE IN THE CITY OF
RANCHO CUCAMONGA.
WHEREAS, City Ordinance No. 117 authorizes the City Council to fix
and determine the charges to be made for the collection and disposal of garbage
and waste matter; and
WHEREAS, the City Council of the City of Rancho Cucamonga has deter-
mined that the following criteria will be used do determine the validity of
refuse rates;
Cost Component Weight
Labor 30%
Fuel 7%
Vehicle Replacement 13%
Maintenance 12%
Dump Fees 3%
Din Replacement 2%
All Other (includes Overhead
and a Return on Investment) 33%
and;
WHEREAS, the City Council shall review annually the factors of
• cost component and weight as to appropriateness; and
WHEREAS, an adjustment for efficiency based upon data input by
the franchised refuse company will be considered, which adjustment will not
result in a reduction of more than four percent (4 %) from the maximum un-
adjusted allowable rate; and
WHEREAS, when the franchised refuse company has requested a rate
increase, a date for public hearing before the City Council shall be set.
The Finance Department shall immediately notify in writing each franchised
refuse collector to commence advertising in the local newspapers servicing
the geograohical area in which said company operates; which advertising shall
contain the following:
1. Advertisement shall be for three (3) consecutive days, and in no instance
later than ten (10) days prior to the date of hearing before the City
Council.
2. The notice of hearing shall include the present rate and proposed rate
increase for residential service, and shall indicate that the public
may make comments in writing to the City of Rancho Cucamonga concerning
the proposed rate adjustment.
3. Any and all expenses incurred in advertising of the notice of hearing
shall be assumed by the refuse company requesting the rate increase.
4. A copy of the bill for advertising, as well as a copy of the advertisement
shall be forwarded to the Ci ty,of Rancho Cucamonga prior to the City
Council's public hearing, as proof that this condition has been met.
Failure to provide such proof shall result in elimination from a hearing
before the City Council for the current processing period; and
�l�
RESOLUTION NO. 80-
Page 2
WHEREAS, per the rate adjustment policy, any franchised refuse
company may appeal an adjustment approved by the City Council. Such appeals •
will require evidence, such as submission of verified costs of operation
information as required by the City of Rancho Cucamonga. Verification must
be provided by a State of California licensed accountant; and
WHEREAS, the limit on the number of units to picked up by
the franchised refuse company has been established as five (5) containers,
plus three (3) trash bags, plus three (3) bundles; and
WHEREAS, Senior Citizens, as defined by local lending agencies
such as banks and savings and loans, shall pay fifty percent (50 %) of the
prevailing single family residential rate for that particular area; and
WHEREAS, the penalty for delinquent payment shall be $
of the current prevailing rate;
NOW THEREFORE BE IT RESOLVED that the rates for residential
refuse collection and disposal be set according to the following schedule:
North of 19th Street
For each single family residential unit $ /month
South of 19th Street
For each single family residentail unit S-/month
11
n
LJ
17
• M E M O R A N D U M
TO: Harry J. Empey, Director of Finance
FROM: Samuel Crowe
DATE: October 27, 1980
RE: Refuse Disposal Franchise Agreements - Rancho Disposal
Service, Inc. and Yukon Disposal Service.
Please find enclosed herewith the following documents which
you were kind enough to recently provide me concerning the above
matter:
(1) Original Franchise Agreement for Refuse Disposal -
Southern Section of Rancho Cucamonga, between City of Rancho Cuca-
monga and Rancho Disposal Service, Inc., dated August 21, 1980, to
which is attached original Minutes of Special Meeting of Board of
Directors of Rancho Disposal Service, Inc., dated September 29,
1980;
(2) Original letter dated September 5, 1980, from Beverly
Authelet, Deputy City Clerk, to Yukon Disposal;
(3) Original letter dated October 1, 1980, from Yukon Dis-
posal Service to Lauren M. Wasserman, City Manager;
(4) Original conditional letter of approval dated October
3, 1980, from Joseph Avakian and James Avakian to City of Rancho
Cucamonga (although no addressee is indicated);
(5) Original Franchise Agreement for Refuse Disposal -
Northern Section of Rancho Cucamonga, between City of Rancho Cuca-
monga and Yukon Disposal, dated August 21, 1980 (the referenced
resolution not being
attached as I did not receive
the same);
'
(6) original
and one (1) copy of Certificate of Workers'
Compensation Insurance
dated October 1, 1980, from
State Compen-
sation Insurance Fund
to City of Rancho Cucamonga;
(7) Original
letter dated October 3, 1980,
from Rancho
Disposal Service, Inc. to Lauren M. Wasserman, City Manager;
(8) Copy of "A Resolution of the City Council of the City
of Rancho Cucamonga, California Pertaining to Rate Charges for the
Collection and Disposal of Refuse in the City of Rancho Cucamonga"
(undated); and,
(9) Copy of "An Ordinance of the City Council of the City
of Rancho Cucamonga, California, Providing for Control, Collection
and Disposal of Residential Refuse" (undated), being Ordinance No.
117 -A.
SC: sgg
Enclosures
-2 l 7
•
RARCRO DISPOSAL II P.O. Box 956
SERI CE, II�C. Ph' : »; CA 91730
City of Rancho Cucamonga
P.O. Box 793
Rancho Cucamonga, Ca. 91730
Attention: Lauren M. Wasserman
City Manager
Re: Rancho Disposal Service, Inc.
Dear Mr. Wasserman
October 3, 1980
Enclosed find executed copy of the Franchise Agreement
r,U
v
•
00
Very truly yours,
RANCHO DISPOSAL SERVICE, INC.
BY ,A/ZCC .'4 '4 [UJ'J2'����
Francis Passarelli
between the City of Rancho
Cucamonga and Rancho
Disposal.
As i had indicated to your
office serveral days
ago, there
should be an attachment of
the Resolution of the
City
Council concuring with the
existing charges for
the services
by Rancho Disposal. Please forward a copy to us
when the
•
same is obtained.
r,U
v
•
00
Very truly yours,
RANCHO DISPOSAL SERVICE, INC.
BY ,A/ZCC .'4 '4 [UJ'J2'����
Francis Passarelli
MINUTES OF SPECIAL MEETING
OF BOARD OF DIRECTORS OF
RANCHO DISPOSAL SERVICE, INC.
A Special Meeting of the Board of Directors of Rancho Disposal .
Service, Inc. was held on September 29, 1980 at the Office of the
Corporation located at 14188 Whittram Street, Fontana, California
at 1:00 P.M. of said day.
Present at the meeting were the following Directors of the
Corporation:
Philip J. Gentile, Jr.
Francis Passarelli
L. Louise Gentile
Fred J. Gentile
That Waiver of Notice of said meeting was signed and a copy of
sane immediatly preceeds this minutes.
The President called the meeting to order and advised the
Directors that a contract had been prepared by the City of Rancho
Cucamonga and a discussion was then had with regard to the terms
and contitions of said contract.
Francis Passarelli made a Motion that the contract be approved
and that a resolution be adopted by the Board of Directors as follows:
RESOLVED: That the President and Secretary shall have the •
authorization to sign and execute the Franchise
Agreement that was submitted to the corporation by
the City of Rancho Cucamonga. That the approval shall
include an attachment to the original contract showing
that the City's representation that a fee schedule of
$5.90 per residence, except in the Etiwanda area,
where the fee schedule shall be $6.70 per residence,
these fees are charged under the terms and condi-
tions of the contract.
The motion was unanimously approved as stated.
There being no further business to come before the meeting, on
motion the meeting was adjourned.
Re�ssppectfully ubmitted./
.l%.Ca -v�4cti M2�tL�^^
Attest:
Secretary
,i resident
I hereby certify that this is a true
and correct copy of the minutes
of the Special Meeting held September
29, 1 80.
/ictucc� l) - ),21rfy/
Secretary i
FRANCHISE AGREEMENT
FOR
' REFUSE DISPOSAL - SOUTHERN SECTION OF RANCHO CUCAMONGA
THIS AGREEMENT, made and entered into this 21st day of August,
1980, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a
municipal corporation, hereinafter referred to as "City ", and RANCHO
DISPOSAL, a California corporation, hereinafter referred to as
"Contractor ", provides as follows:
W I T N E S S E T H:
WHEREAS, heretofore City has duly adopted an ordinance concerning
the collection,.removal and disposal of refuse within the City of
Rancho Cucamonga; and
WHEREAS, said ordinance authorizes the City Council of City to
contract with any person, firm or corporation for the collection,
removal and disposal of such refuse from within the City of Rancho
Cucamonga.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter contained, the parties hereto agree as follows:
ARTICLE I
• GENERAL PROVISIONS
SECTION 1. REFUSE ORDINANCE INCORPORATED BY REFERENCE. All
provisions of the City of Rancho Cucamonga Ordinance No. , as the same
now exists or as it may hereafter be amended, and all provisions of
any other ordinance of the City which may hereafter be enacted and
which in any way deals with the subject of disposal of refuse from
residential units in the City, hereinafter collectively referred to as
the "refuse ordinance ", are hereby incorporated by reference and made
a part of this agreement as if the same were set forth herein in full,
9
SECTION 2. DEFINITIONS. For the purpose of this Contract, the
following words'and phrases are defined and shall be construed as
follows, unless it shall be apparent from the context that a different
meaning is intended:
A. "SOUTHERN SECTION" shall mean that portion of the City
south of the street of Base Line.
B. "DISPOSE" and "DISPOSAL" shall mean the complete operation
of collecting, treating, transportion and disposing of accumulations
of refuse and the products or residue arising from any treatment.
C. "EXCLUDED MATERIALS" shall mean those wastes and other
materials not included in the refuse ordinance definitions of refuse,
garbage, combustible rubbish and non - combustible rubbish.
Franchise Agreement (Southern)
Page 2
SECTION 3. COMPLIANCE WITH LAWS. The Contractor shall comply
with all laws, ordinances, rules and regulations of the State, County,
City and all political subdivisions thereof having jurisdiction over
work done or to be done under this Contract; the Contractor must
conform to and abide by all ordinances of City and of the County and
of cities through which refuse collected may be hauled or wherein such
refuse may be disposed of.
This Contract, all terms, provisions, conditions and specifica-
tions hereof, and all duties and obligations imposed hereunder upon
the Contractor, his agents, employees and assigns and all of the
rights and privileges of the Contractor hereunder, shall be subject to
and conditioned on the provisions of such statutes, ordinances, rules
and regulations as the City Council may, from time to time, adopt or
make with respect to collection, removal or disposal of refuse, with
due regard to the financial impact and mutual interest of the
Contractor or the City.
SECTION 4. INDEMNIFICATION AND EXEMPTION FROM LIABILITY.
Contractor shall indemnifv and hold harmless City from and against any
and all claims arising from the conduct of Contractor's business or
from any activity, work or thing done, permitted or suffered by
Contractor in the performance of this Agreement, and shall further
indemnify and hold harmless City from and against any and all claims
arising from any breach or default in the performance of any obliga-
tions on Contractor's part to be performed under the terms of this
Contract or arising from any negligence of the Contractor or any of
Contractor's agents, officers, contractors, or employees, and from and
against all costs, attorneys' fees, expenses and liabilities incurred
in the defense of any such claim or any action or proceeding brought
thereon; and in case any action or proceeding be brought against City
by reason of any such claim, Contractor upon notice from City shall
defend the same at Contractor's expense by counsel satisfactory to
City or City may defend the same and require payment of attorneys'
fees in advance from Contractor.
SECTION 5. DEFAULTS; REMEDIES.
A. DEFAULTS. In addition to anything set forth speci-
fically herein and referred to as a material default, the occurrence
of any one or more of the following events shall constitute a material
default and breach of this Agreement by Contractor:
(1) the failure by Contractor to observe or perform any
of the covenants, conditions or provisions of this Contract to be
observed or performed by Contractor, where such failure shall continue
for a period of thirty (30) days after written notice thereof from
City to Contractor;
(2) the failure of Contractor to perform all work
required of the Contractor hereunder in a good, thorough and work-
manlike manner;
•
WA
Ftanchise Agreement (Southern)
Page 3
(3) the filing by or against Contractor of a petition
• to have Contractor adjudged a bankrupt or a petition for reorganiza-
tion or arrangement under any laws relating to bankruptcy; the making
by Contractor of any general assignment, or general arrangement for
the benefit of creditors.
Failure to comply with any of the terms, provisions or
conditions of this Contract by Contractor by reason of major disaster,
epidemic or other great emergency shall not constitute a breach of
contract.
B. REMEDIES. In the event of any such material default or
breach by Contractor, City may at any time thereafter, upon giving
Contractor written notice as herein provided, and without limiting
City in the exercise of any other right or remedy which City may have
by reason of such default or breach:
(1) terminate this Agreement and all of Contractor's
rights hereunder. In the event of such termination Contractor shall
pay over to City, for the benefit of the occupants of residential
units of the Southern Section, all refuse fees which have been collected
but have not yet been earned by Contractor, such fees to be prorated
to the date of termination, on the basis of a thirty (30) day month.
(2) pursue any other remedy now or hereafter available
to City under the laws or judicial decisions of the State of California.
• (3) cure the default of Contractor itself; provided
that if City, by reason of Contractor's default, pays any sum or does
any act that requires the payment of any sum, the sum paid by City
shall be immediately due from Contractor to City and shall bear interest
at the rate of twelve percent (12 %) per annum from the date the sum is
paid by City until City is reimbursed by Contractor.
Ul
ARTICLE II
TERM AND AREA OF AGREEMENT
SECTION 6: TERM OF CONTRACT. The term of this Contract shall be
for a period of five (5) years commencing on the 1st day of October,
1980. The Contract shall automatically be renewed at the and of each
year for an additional one year period unless a Notice of Non - Renewal
is given as provided below.
If either the Contractor or the City desires not to renew the
Contract, a notice shall be served upon the other party. Unless said
notice is served within thirty (30) days prior to the renewal date,
the Contract shall be renewed for an additional period.
If notice of Non - Renewal is served as hereinabove provided, the
existing contract shall remain in full force and effect for the balance
of the period remaining on the original term or the last renewal of
the Contract, as the case may be.
Franchise Agreement (Southern)
Page 4
ARTICLE III
SCOPE OF CONTRACTOR'S .
DUTIES AND SERVICES
SECTION 7. GENERAL DUTIES OF CONTRACTOR. Contractor shall have
the sole and exclusive duty to dispose of all refuse set out for
collection from all residential units within the Southern Section, and
Contractor shall furnish all labor, materials and equipment necessary
for the performance of such work, provided, however, that the Contractor
shall not be required to collect any uncontainerized scattered rubbish
or garbage unless such garbage has been thoroughly drained, wrapped
and containerized. Except as otherwise provided herein, Contractor
shall not be required to dispose of excluded items. All of the work
required of the Contractor hereunder shall be done in a good, thorough
and workmanlike manner.
SECTION S. DISPOSAL. All refuse collected by Contractor shall
become the property of Contractor immediately upon the collection
thereof, and shall be forthwith removed and transported by Contractor.
to a lawful place of disposal, which shall be provided, arranged for
or furnished by Contractor. Contractor, at its own expense shall pay
all costs and charges in connection with said disposal.
SECTION 9. LITTER OR SPILLAGE. Should any refuse be spilled or
dropped by Contractor from any vehicle transporting the same or otherwise,
or if any vehicle operated by the Contractor shall discharge any •
fluid, either upon public or private property, it shall immediately be
cleaned up and removed by Contractor at the expense of Contractor.
SECTION 10. ASSIGNMENT, CONSENT REQUIRED. Contractor shall not
assign this Agreement or any part thereof, or any right or privilege
connected therewith, without first obtaining City's written consent.
One consent by City shall not be consent to a subsequent assignment.
Contractor's interest in this Agreement is not assignable by operation
of law, nor is any assignment of its interest herein, without City's
written consent. The transfer, either voluntarily or involuntarily,
of all or substantially all of the assets of Contractor, the transfer,
either voluntarily or involuntarily, of a majority of the voting (or
common) stock of Contractor; the merger or dissolution of Contractor
shall be deemed an assignment of the Agreement for the purposes of
this Agreement.
Any assignment of this Agreement, or any part hereof, or any
right or privilege connected herewith, without the written consent of
City first had and obtained shall constitute a material breach of this
Agreement.
SECTION 1).. EXCLUSIVENESS OF CONTRACT. Except as otherwise
required by state law, it is agreed by and between the parties hereto
that it is the intention of the parties hereby the terms of this
Contract to constitute Contractor the sole and exclusive person,
•
Franchise X, ,
Page 5
firm or corporation authorized or permitted to collect, remove and
• dispose of garbage, rubbish, waste and other refuse matter from all
residential premises within the Southern Section during the term of
this Contract. Contractor hereby releases any and all rights given it
under state law to continue collecting refuse from any residential
premises elsewhere in the City.
City shall protect Contractor's rights to an exclusive contract
by proper ordinances, and by reasonable enforcement thereof.
SECTION 13. FREQUENCY OF COLLECTION. The Contractor shall
collect from each residential unit a minimum of once each week, but
can provide additional collection service at additional charge
whenever such service is necessary to prevent excessive accumulation
of refuse.
SECTION ld, COLLECTION - EMERGENCY VEHICLE. Contractor agrees to
have available between the hours of 8:00 a.m. and 3:00 p.m, an
emergency vehicle and other necessary equipment to take care of any
complaints or emergencies which require immediate attention.
SECTION 15. ANNUAL CLEAN -UP CAMPAIGN. Contractor agrees to
furnish without additional or special charge trucks, labor and all
other necessary equipment and personnel to participate in an annual
City Clean -Up Campaign for one week at such time as is designated by.
City. Collections during the Annual Clean -Up Campaign will be made at
locations designated by the City, provided, however, that the number
. of locations shall not exceed five (5). In addition to collecting
refuse as defined in the refuse ordinance, Contractor shall also
transport furniture, large household appliances, automobile parts,
scrap lumber, and other like items.
SECTION 16. RECORD OF NON - COLLECTION. When refuse deposited for
collection is not collected by the Contractor for sufficient reason,
he shall leave a red tag provided at his cost at least 2 -7/6" x 5 -3/4"
in size, on which he has indicated the reasons for his refusal of the
garbage or rubbish, giving reference to the section of the City
ordinance or to the section of City or Contractor's Rule which has
been violated, and which gives grounds for his refusal. This infor-
mation shall either be in writing or by means of a check system.
SECTION 17. ENTERING PRIVATE PROPERTY. The Contractor shall in
no event be under any obligation to-enter private courts or places or
other private property to make collections under this Contract.
However, if by invitation of the owner or occupant and agreed by the
Contractor, Contractor shall assume that the pavement and entry way is
of sufficient strength and safety to support his vehicle without
damage either to the premises or Contractor's equipment or men,
Contractor shall have the right to enter such premises.
SECTION 18. CARE OF CONTAINERS. The Contractor, his agents
and /or his employees shall not throw garbage or rubbish containers
from the truck to the pavement or in any other way use excessive
Franchise Agreement (southern)
Page 6
roughness in handling the ware, but shall use prudent care. However,
notwithstanding the customer shall be responsible for the repair and •
replacement of his own containers.
ARTICLE IV
CHARGES FOR COLLECTION
SECTION 19. CHARGES. It is recognized by the parties hereto
that the fees set tortn in the Agreement is based on the Contractor's
current costs and said costs may fluctuate over the term of this
contract. It is therefore agreed that the City will re- examine the
contract on an annual basis in order to adjust the fees in accordance
with the formula provided in the Resolution covering the establish-
ment of fees on an annual basis and make adjustments, if any be
required, on the anniversary of the contract.
SECTION 20. EXCLUDED MATERIAL PICK -UP. Contractor may contract
with owners, residents and proprietors of residential property in the
Contract Area to collect and dispose of excluded materials on such
terms as may be mutually agreeable to Contractor and the customer
concerned.
SECTION 21. FRANCHISE FEE. Contractor shall pay to City, as
hereinafter provided, as a franchise fee and as consideration for
entering into this Agreement, the following:
A. A sum of money equal to five percent (58) of the gross •
receipts of Contractor. The term "gross receipts" as used herein
shall be the total amount in dollars of all sums collected by
Contractor from occupants or owners of residential units in the
Southern Section for the performance of disposal services required or
authorized by this Agreement.
B. On or before the thirtieth (30th) day of each month
Contractor shall pay over to City the City's percentage share of the
gross receipts of Contractor collected during the previous calendar
month.
C. On or before the 30th day of each calendar month,
Contractor shall prepare and deliver to City a monthly statement of
gross receipts of the Contractor during the previous calendar month,
certified by an authorized officer of Contractor. In the event City
is not satisfied with any such statement submitted by Contractor, City
shall have the right to make a special audit, by auditors selected by
City, of the books and records of Contractor. If such audit shows a
deficiency for the period covered, the amount thereof shall be paid
promptly by Contractor; if such audit shall show an overpayment, the
excess shall he applied on any amounts then due to City by Contractor,
and the balance, if any, refunded promptly to Contractor. If any such
statement is found to be incorrect to an extent of more than three
percent (3',) over the figures submitted by Contractor, Contractor
shall pay for such special audit, and if such special audit verifies
Contrac�or's statement to be correct or not to vary more than three •
percent (3M1) over the figures submitted by Contractor, the expense of
such audit shall be borne by City.
6-7
Franchise Agreement (Southern)
Page 7
D. During the term of this Agreement, and for a period of
• four (4) years thereafter, Contractor shall keep and maintain full,
complete and proper books, records and accounts of all gross receipts.
SECTION 22. BONDS. The Contractor shall procure and maintain
and keep on file with the City Clerk during the term of the contract,
the following valid and unexpired bonds, in a form approved by the
City Attorney, executed by Contractor as principal, and by the
corporate surety complying with each and all of the provisions of
Section 1056 of the Code of Civil Procedure of the State of California,
as surety. Each bond shall provide that it shall not be cancelled by
the insurance carried unless thirty (30) days' prior to notice of such
intention to cancel shall first have been served upon the City Clerk
of City. Each such bond shall further provide that it shall not be
void upon the first recovery, but that same may be sued on and
recovered from time to time until the whole penalty is exhausted.
A. A Faithful Performance Bond, in the principal sum of
$15,000 to guarantee the faithful performance of the Contract during
the term hereof.
SECTION 23. COMPENSATION INSURANCE. The Contractor shall,
during the of this contract, keep fully insured, at his own
expense, all persons employed by him in connection with the Contract,
as required by the "Workmen's Compensation Insurance and Safety Act"
of the State of California, and shall not hold the City responsible
for any liability that may arise by reason of the injuries to any
employees of the Contractor who are injured while performing any work
or labor necessary to carry out the provisions of.this Contract.
The Contractor shall, at all times, keep on file with the City
Clerk evidence that the Contractor is fully and properly insured, as
required by the Act.
SECTION 24. RECORDS OF OPERATION. Contractor shall keep and
preserve, during the term of this Agreement, full, complete and true
records of his operations, including, but not limited to, cost figures
relating to personnel, equipment and administrative overhead incurred
in collecting and disposing of the garbage and trash from all resi-
dences and premises within the City. Contractor shall engage a
certified public accountant to prepare same and make available for
City Administrators' review but such records shall remain confidential.
SECTION 25. NOTICES. Any notice that may be given to Contractor
under or with respect to this Contract shall be deemed to have been
given when personally delivered or when sent to Contractor by
registered or certified mail, return receipt requested, postage paid,
addressed to Contractor at 14188 Whittram Street, Fontana, California,
92335. Any notice that may be given to City under or with respect to
this Contract shall be deemed to have been given when personally
delivered to the City Clerk of City or when sent to City by registered
or certified mail, return receipt requested, postage paid, addressed
to the City Clerk of City at 9320 -C Base Line Road, P.O. Box 807,
0 Rancho Cucamonga, California 91730. Either party may change the
F,.`anchise Agreement (Southern)
Page 8
place to which notices to it are to be mailed by giving notice of
change of address in the manner described in this Section. •
SECTION 26. POLICE POWER. City reserves the right to determine,
in the exercise o£ its powers, to provide for the public health and
welfare, whether technological or other changes materially affect the
level of the service required by the City, and in such case, the level
of service hereunder may be adjusted by City and this Contract shall
be reviewed and revised accordingly.
SECTION 27. INTEGRATION. This Agreement, upon acceptance by the
parties hereto, constitutes he sole and only agreement between
Contractor and City as to the subject matter hereof, and is intended
by each to constitute the final written memorandum of all of their
agreements and understandings in this transaction.
SECTION 28. COUNTERPARTS. This Agreement may be executed in any
number of counterparts with the same force and effect as if all
signatures were appended to one document, each of which shall be
deemed an original.
SECTION 29. INVALIDITY. If any term or provision of this
Agreement or application thereof is held invalid or unenforceable as
to any party, the balance of the Agreement shall not be affected
thereby, and each remaining term and provision of this Agreement shall
be valid and shall be enforced to the fullest extent permitted by law.
SECTION 30. MISCELLANEOUS. The masculine gender, the singular
number and the present tense, shall be deemed to include the feminine
and neuter genders, plural number and past and future tenses, re-
spectively, where the context so requires. The Article and Section
headings herein are used only for the purposes of convenience and
shall not be deemed to limit the subject of the Articles and Sections
hereof.
EXECUTED at Rancho Cucamonga, California, on the day and year
first above written.
CITY OF RANCHO CUCAMONGA,
a municipal corporation
By
philliq,D. Schlosser, Mayor
ATTEST:
auren M. Wasserman, City Clerk
//r
(SOUTH)
RANCHO DISPOSAL,
a California corporation
y:���L
B
1
Title; S, -t. R 4 I
0
0
City of
J
RANCHO
CUCAMONGA
September 5, 1980
Yukon Disposal
8036 Archibald Avenue
Rancho Cucamonga, California 91730
Gentlemen:
Attached is the original and one copy of the franchise agreement between
the Citv of Rancho Cucamonga and Yukon Disposal. Please have both copies
executed and return the city's copy to the attention of the City Clerk.
A copy of Ordinance No. 117 is attached to your copy.
If you have any questions regarding the contract or ordinance, please call.
Please note that neither the contract nor ordinance includes rates. Council
• decided to deal with that subject by Resolution. You will be notified when
the Resolution setting rates will be before the Council.for consideration.
0
Sincerely,
Beverly Authel
et
Deputy City Clerk
be
attach.
POST OFFICE BOX 193, RANCHO CUCAMONGA. CALIFORNIA 91730 (714) 9891851
L7
l J
JOSEPH AVAKIAN and JAMES AVAKIAN doing business as YUKON
DISPOSAL SERVICE, a partnership, have agreed to execute
the Franchise Agreement attached covering the Northern
District of Rancho Cucamonga. This approval is based on
the fact that there are no resolutions at this time from
the City of Rancho Cucamonga concerning the basic charges
that are to be made for the collection services undertaken
by the partnership.
The signatures herein are based on the fact that the basic
charges will be $5.90 per resident with the sum of $6.20
for those residences located North of 19th Street and
$6.70 for those residences in the Etiwanda area.
Dated:
SEPH AVAKIAN
JAMES AVAKIAN
J
0
j
0
October 1, 1980
City of Rancho Cucamonga
P.O. Box 793
Rancho Cucamonga, CA 91730
Attention; M. Wasserman
City Manager
Gentlemen:
Enclosed is the copy of the Franchise Agreement between
the City of Rancho Cucamonga and Yukon Disposal Service.
The contract refers to Yukon Disposal Service as a cor-
poration, however it is a partnership and we have executed
a memorandum agreement to cover this.
It is further understood that when the City passes a Rate •
Schedule, we will be forwarded a copy and it will be
attached to the Franchise Agreement and made a part of it.
Thank you for your courtesy.
BY
Very truly yours,
FRANCHISE AGREEMENT
FOR
REFUSE DISPOSAL- NORTHERN SECTION OF RANCHO CUCAMONGA
•
THIS AGREEMENT, made and entered into this 211t day of August,
1980, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a
municipal corporation, hereinafter referred to as "City ", and YUKON
DISPOSAL, a California corporation, hereinafter referred to as
"Contractor ", provides as follows:
W I T N E S S E T H:
WHEREAS, heretofore City has duly adopted an ordinance concerning
the collection, removal and disposal of refuse within the City of
Rancho Cucamonga; and
WHEREAS, said ordinance authorizes the City Council of City to
contract with any person, firm or corporation for the collection,
removal and disposal of such refuse from within the City of Rancho
Cucamonga.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter contained, the parties hereto agree as follows:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. REFUSE ORDINANCE INCORPORATED BY REFERENCE. All
provisions of the City of Rancho Cucamonga Ordinance No. , as the same
now exists or as it may hereafter be amended, and all provisions of
any other ordinance of the City which may hereafter be enacted and
which in any way deals with the subject of disposal of refuse from
residential units in the City, hereinafter collectively referred to as
the "refuse ordinance ", are hereby incorporated by reference and made
a part of this agreement as if the same were set forth herein in full.
SECTION 2. DEFINITIONS. For the purpose of this Contract, the
following words and phrases are defined and shall be construed as
follows, unless it shall be apparent from the context that a different
meaning is intended:
A. "NORTHERN SECTION" shall mean that portion of the City
north of the street of Base Line.
B. "DISPOSE" and "DISPOSAL" shall mean the complete operation
Of collectinq, treating, transportion and disposing of accumulations
of refuse and the products or residue arising from any treatment.
C. "EXCLUDED MATERIALS" shall mean those wastes and other
materials not included in the refuse ordinance definitions of refuse,
garbage, combustible rubbish and non - combustible rubbish.
Franchise Agreement (Northern)
Page 2
SECTION 3. COMPLIANCE WITH LAWS. The Contractor shall comply
with all laws, ordinances, rules and regulations of the State, County,
City and all political subdivisions thereof having jurisdiction over •
work done or to be done under this Contract; the Contractor must
conform to and abide by all ordinances of City and of the County and
of cities through which refuse collected may be hauled or wherein such
refuse may be disposed of.
This Contract, all terms, provisions, conditions and specifica-
tions hereof, and all duties and obligations imposed hereunder upon
the Contractor, his agents, employees and assigns and all of the
rights and privileges of the Contractor hereunder, shall be subject to
and conditioned on the provisions of such statutes, ordinances, rules
and regulations as the City Council may, from time to time, adopt or
make with respect to collection, removal or disposal of refuse, with
due regard to the financial impact and mutual interest of the
Contractor or the City.
SECTION 4. INDEMNIFICATION AND EXEMPTION FROM LIABILITY.
Contractor shall indemnify and hold harmless City from and against any
and all claims arising from the conduct of Contractor's business or
from any activity, work or thing done, permitted or suffered by
Contractor in the performance of this Agreement, and shall further
indemnify and hold harmless City from and against any and all claims
arising from any breach or default in the performance of any obliga-
tions on Contractor's part to be performed under the terms of this
Contract or arising from any negligence of the Contractor or any of
Contractor's agents, officers, contractors, or employees, and from and ,
against all costs, attorneys' fees, expenses and liabilities incurred
in the defense of any such claim or any action or proceeding brought
thereon; and in case any action or proceeding be brought against City
by reason of any such claim, Contractor upon notice from City shall
defend the same at Contractor's expense by counsel satisfactory to
City or City may defend the same and require payment of attorneys'
fees in advance from Contractor.
SECTION 5. DEFAULTS; REMEDIES.
A. DEFAULTS. In addition to anything set forth speci-
fically herein and referred to as a material default, the occurrence
of any one or more of the following events shall constitute a material
default and breach of this Agreement by Contractor:
(1) the failure by Contractor to observe or perform any
of the covenants, conditions or provisions of this Contract to be
observed or performed by Contractor, where such failure shall continue
for a period of thirty (30) days after written notice thereof from
City to Contractor;
(2) the failure of Contractor to perform all work
required of the Contractor hereunder in a good, thorough and work-
manlike manner;
•
6
Fnanc.arse Agreement ,)
Page 3
(3) the filing by or against Contractor of a petition
• to have Contractor adjudged a bankrupt or a petition for reorganiza-
tion or arrangement under any laws relating to bankruptcy; the making
by Contractor of any general assignment, or general arrangement for
the benefit of creditors.
Failure to comply with any of the terms, provisions or
conditions of this Contract by Contractor by reason of major disaster,
epidemic or other great emergency shall not constitute a breach of
contract.
B. REMEDIES. In the event of any such material default or
breach by Contractor, City may at any time thereafter, upon giving
Contractor written notice as herein provided, and without limiting
City in the exercise of any other right or remedy which City may have
by reason of such default or breach:
(1) terminate this Agreement and all of Contractor's
rights hereunder. In the event of such termination Contractor shall
pay over to City, for the benefit of the occupants of residential
units of the Southern Section, all refuse fees which have been
collected but have not yet been earned by Contractor, such fees to be
prorated to the date of termination, on the basis of a thirty (30) day
month.
(2) pursue any other remedy now or hereafter available
to City under the laws or judicial decisions of the State of California.
• (3) cure the default of Contractor itself; provided
that if City, by reason of Contractor's default, pays any sum or does
any act that requires the payment of any sum, the sum paid by City
shall be immediately due from Contractor to City and shall bear
interest at the rate of twelve percent (128) per annum from the date
the sum is paid by City until City is reimbursed by Contractor.
ARTICLE II
TERM AND AREA OF AGREEMENT
SECTION 6. TERM OF CONTRACT. The term of this Contract shall be
for a period of five (Sr ) years commencing on the 1st day of September,
1980. The Contract shall automatically be renewed at the end of each
year for an additional one year period unless a Notice of Non - Renewal
is given as provided below.
If either the Contractor or the City desires not to renew the
Contract, a notice shall be served upon the other party. Unless said
notice is served within thirty (30) days prior to the renewal date,
the Contract shall be renewed for an additional period.
If notice of Non - Renewal is served as hereinabove provided, the
existing contract shall remain in full force and effect for the
balance of the period remaining on the original term or the last
renewal of the Contract, as the case may be.
0
Franchise Agreement (Northern)
Page 4
ARTICLE III
GENERAL SCOPE OF CONTRACTOR'S •
DUTIES AND SERVICES
SECTION 7. GENERAL DUTIES OF CONTRACTOR. Contractor shall have
the sole and exclusive duty to dispose of all refuse set out for
collection from all residential units within the Southern Section, and
Contractor shall furnish all labor, materials and equipment necessary
for the performance of such work, provided, however, that the Contractor
shall not be required to collect any uncontainerized scattered rubbish
or garbage unless such garbage has been thoroughly drained, wrapped
and containerized. Except as otherwise provided herein, Contractor
shall not be required to dispose of excluded items. All of the work
required of the Contractor hereunder shall be done in a good, thorough
and workmanlike manner.
SECTION R. DISPOSAL. All refuse collected by Contractor shall
become the property of Contractor immediately upon the collection
thereof, and shall be forthwith removed and transported by Contractor.
to a lawful place of disposal, which shall be provided, arranged for
or furnished by Contractor. Contractor, at its own expense shall pay
all costs and charges in connection with said disposal.
SECTION 9. LITTER OR SPILLAGE. Should any refuse be spilled or
dropped by Contractor from any vehicle transporting the same or otherwise,
or if any vehicle operated by the Contractor shall discharge any •
fluid, either upon public or private property, it shall immediately be
cleaned up and removed by Contractor at the expense of Contractor.
SECTION 10. ASSIGNMENT, CONSENT REQUIRED. Contractor shall not
assign this Agreement or any part thereof, or any right or privilege
connected therewith, without first obtaining City's written consent.
One consent by City shall not be consent to a subsequent assignment.
Contractor's interest in this Agreement is not assignable by operation
of law, nor is any assignment of its interest herein, without City's
written consent. The transfer, either voluntarily or involuntarily,
of all or substantially all of the assets of Contractor, the transfer,
either voluntarily or involuntarily, of a majority of the voting (or
common) stock of Contractor; the merger or dissolution of Contractor
shall be deemed an assignment of the Agreement for the purposes of
this Agreement.
Any assignment of this Agreement, or any part hereof, or any
right or privilege connected herewith, without the written consent of
City first had and obtained shall constitute a material breach of this
Agreement.
SECTION 11. EXCLUSIVENESS OF CONTRACT. Except as otherwise
required by state law, it is agreed by and between the parties hereto
that it is the intention of the parties hereby the terms of this
Contract to constitute Contractor the sole and exclusive person,
•
Franchise Agreement
Page 5
firm or corporation authorized or permitted to collect, remove and
• dispose of garbage, rubbish, waste and other refuse matter from all
residential premises within the Southern Section during the term of
this Contract. Contractor hereby releases any and all rights given it
under state law to continue collecting refuse from any residential
premises elsewhere in the City.
City shall protect Contractor's rights to an exclusive contract
by proper ordinances, and by reasonable enforcement thereof.
SECTION 13. FREQUENCY OF COLLECTION. The Contractor shall
collect from each residential unit a minimum of once each week, but
can provide additional collection service at additional charge
whenever such service is necessary to prevent excessive accumulation
of refuse.
SECTION 14. COLLECTION - EMERGENCY VEHICLE. Contractor agrees to
have available between the hours of 8:00 a.m. and 3:00 p.m. an
emergency vehicle and other necessary equipment to take care of any
complaints or emergencies which require immediate attention.
SECTION 15. ANNUAL CLEAN -UP CAMPAIGN. Contractor agrees to
furnish without additional or special charge trucks, labor and all
other necessary equipment and personnel to participate in an annual
City Clean -Up Campaign for one week at such time as is designated by
City. Collections during the Annual Clean -Up Campaign will be made at
locations designated by the City, provided, however, that the number
• of locations shall not exceed five (5). In addition to collecting
refuse as defined in the refuse ordinance, Contractor shall also
transport furniture, large household appliances, automobile parts,
scrap lumber, and other like items.
9
SECTION 16. RECORD OF NON - COLLECTION. When refuse deposited for
collection is not collected by the Contractor for sufficient reason,
he shall leave a red tag provided at his cost at least 2 -7/8" x 5 -3/4"
in size, on which he has indicated the reasons for his refusal of the
garbage or rubbish, giving reference to the section of the City
ordinance or to the section of City or Contractor's Rule which has
been violated, and which gives grounds for his refusal. This infor-
mation shall either be in writing or by means of a check system.
SECTION 17. ENTERING PRIVATE PROPERTY. The Contractor shall in
no event be under any obligation to enter private courts or places or
other private property to make collections under this Contract.
However, if by invitation of the owner or occupant and agreed by the
Contractor, Contractor shall assume that the pavement and entry way is
of sufficient strength and safety to support his vehicle without
damaqe either to the premises or Contractor's equipment or men,
Contractor shall have the right to enter such premises.
SECTION 18. CARE OF CONTAINERS. The Contractor, his agents
and /or his employees shall not throw garbage or rubbish containers
from the truck to the pavement or in any other way use excessive
67
rise A_ _ n)
Page 6
roughness in handling the ware, but shall use prudent care. However,
notwithstanding the customer shall be responsible for the repair and
replacement of his own containers. •
ARTICLE IV
CHARGES FOR COLLECTION
SECTION 19. CHARGES. It is recognized by the parties hereto
that the fees set oorthiin the Agreement is based on the Contractor's
current costs and said costs may fluctuate over the term of this
contract. It is therefore agreed that the City will re- examine the
contract on an annual basis in order to adjust the fees in accordance
with the formula provided in the Resolution covering the establishment
of fees on an annual basis and make adjustments, if any be required,
on the anniversary of the contract.
SECTION 20. EXCLUDED MATERIAL PICK -UP. Contractor may contract
with owners, residents and proprietors of residential property in the
Contract Area to collect and dispose of excluded materials on such
terms as may be mutually agreeable to Contractor and the customer
concerned.
SECTION 21. FRANCHISE FEE. Contractor shall pay to City, as
hereinafter provided, as a franchise fee and as consideration for
entering into this Agreement, the following;
A. A sum of money equal to five percent (58) of the gross •
receipts of Contractor. The term "gross receipts" as used herein
shall be the total amount in dollars of all sums collected by
Contractor from occupants or owners of residential units in the
Northern Section for the performance of disposal services required or
authorized by this Agreement.
B. on or before the thirtieth (30th) day of each month
Contractor shall pay over to City the City's percentage share of the
gross receipts of Contractor collected during the previous calendar
month.
C. On or before the 30th day of each calendar month,
Contractor shall prepare and deliver to City a monthly statement of
gross receipts of the Contractor during the previous calendar month,
certified by an authorized officer of Contractor. In the event City
is not satisfied with any such statement submitted by Contractor, City
shall have the right to make a special audit, by auditors selected by
City, of the books and records of Contractor. If such audit shows a
deficiency for the period covered, the amount thereof shall be paid
promptly by Contractor; if such audit shall show an overpayment, the
excess shall be applied on any amounts then due to City by Contractor,
and the balance, if any, refunded promptly to Contractor. If any such
statement is found to be incorrect to an extent of more than three
percent (3?) over the figures submitted by Contractor, Contractor
shall pay for such special audit, and if such special audit verifies
Contractor's statement to be correct or not to vary more than three •
percent (3R) over the figures submitted by Contractor, the expense of
such audit shall be borne by City.
■
Franchise Agreement
Page 7
D. During the term of this Agreement, and for a period of
• four (4) years thereafter, Contractor shall keep and maintain full,
complete and proper books, records and accounts of all gross receipts.
SECTION 22. BONDS. The Contractor shall procure and maintain
and keep on file with City Clerk during the term of the contract,
the following valid and unexpired bonds, in a form approved by the
City Attorney, executed by Contractor as principal, and by the
corporate surety complying with each and all of the provisions of
Section 1056 of the Code of Civil Procedure of the State of California,
as surety. Each bond shall provide that it shall not be cancelled by
the insurance carried unless thirty (30) days' prior to notice of such
intention to cancel shall first have been served upon the City Clerk
of City. Each such bond shall further provide that it shall not be
void upon the first recovery, but that same may be sued on and
recovered from time to time until the whole penalty is exhausted.
A. A Faithful Performance Bond, in the principal sum of
$15,000 to guarantee the faithful performance of the Contract during
the term hereof.
SECTION 23. COMPENSATION INSURANCE. The Contractor shall,
during the of this contract, keep fully insured, at his own
expense, all persons employed by him in connection with the Contract,
as required by the "workmen's Compensation Insurance and Safety Act
of the State of California, and shall not hold the City responsible
for any liability that may arise by reason of the injuries to any
• employees of the Contractor who are injured while performing any work
or labor necessary to carry out the provisions of this Contract.
The Contractor shall, at all times, keep on file with the City
Clerk evidence that the Contractor is fully and properly insured, as
required by the Act.
SECTION 24. RECORDS OF OPERATION. Contractor shall keep and
preserve, during the term of this Agreement, full, complete and true
records of his operations, including, but not limited to, cost figures
relating to personnel, equipment and administrative overhead incurred
in collecting and disposing of the garbage and trash from all resi-
dences and premises within the City. Contractor shall engage a
certified public accountant to prepare same and make available for
City Administrators' review but such records shall remain confidential.
SECTION 25. NOTICES. Any notice that may be given to Contractor
under or with respect to this Contract shall be deemed to have been
given when personally delivered or when sent to Contractor by
registered or certified mail, return receipt requested, postage paid,
addressed to Contractor at P. 0. Box 1 Alta Loma,
California, 91701. Any notice that may be given to City under or with
respect to this Contract shall be deemed to have been given when
personally delivered to the City Clerk of City or when sent to City by
registered or certified mail, return receipt requested, postage paid,
addressed to the City Clerk of City at 9320 -C Base Line Road, P.O. Box
807, Rancho Cucamonga, California 91730. Either party may change
617
c Franchise Agreement (Northern)
Page 8
the place to which notices to it are to be mailed by giving notice of
. change of address in the manner described in this Section.
SECTION 26. POLICE POWER. City reserves the right to determine,
in the exercise of its powers, to provide for the public health and
welfare, whether technological or other changes materially affect the
level of the service required by the City, and in such case, the level
of service hereunder may be adjusted by City and this Contract shall
be reviewed and revised accordingly.
SECTION 27. INTE CATION. This Agreement, upon acceptance by the
parties hereto, Constitutes the sole and only agreement between
Contractor and City as to the subject matter hereof, and is intended
by each to constitute the final written memorandum of all of their
agreements and understandings in this transaction.
SECTION 28. COUNTERPARTS. This Agreement may be executed in any
number of counterparts with the same force and effect as if all
signatures were appended to one document, each of which shall be
deemed an original.
SECTION 29. INVALIDITY. If any term or provision of this
Agreement or application thereof is held invalid or unenforceable as
to any party, the balance of the Agreement shall not be affected
thereby, and each remaining term and provision of this Agreement shall
be valid and shall be enforced to the fullest extent permitted by law.
SECTION 30. MISCELLANEOUS. The masculine gender, the singular
number ana the present tense, shall be deemed to include the feminine
and neuter genders, plural number and past and future tenses, re-
spectively, where the context so requires. The Article and Section
headings herein are used only for the purposes of convenience and
shall not he deemed to limit the subject of the Articles and Sections
hereof.
EXECUTED at Rancho Cucamonga, California, on the day and year
first above written.
CITY OF RANCHO CUCAMONGA,
a municipal corporation
Phillip,, D. Sc loser, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk
70
(NORTH)
YUKON DISPOSAL,
a California corporation
By: ✓ tl,
T t i e • Oy L) eg, I�`
QTY OF
RANCHO CUGIMONGA
• Following is a list of questions and answers which attempt to identify
the major issues which have surfaced as a result of the questions,
comments, and complaints received concerning the refuse collection
operations in Rancho Cucamonga.
1. WHY IS IT NECESSARY FOR THE CITY TO FRANCHISE REFUSE OPERATIONS?
At the time the City incorporated, there were approximately eight
companies collecting refuse in Rancho Cucamonga. The State law pro-
tects existing companies from being put out of business by providing
a minimum five -year phase -out period. This period is required by law
in order to allow the existing refuse operators sufficient time in
which to amortize their investments in major equipment. During this
time, companies may not add new service accounts. At the present
time, the City is served by Rancho Disposal and Yukon Disposal.
Etiwanda residents are served by A S R Rubbish, M 6 M Rubbish, and
Tri- Communities Disposal Service.
The primary reasons why refuse collection is franchised are:
a.
State laws place overall responsibility for refuse collection
and other health and safety concerns with local agencies -
•
either counties or cities.
b.
It is essential that the City Council, the locally
elected representatives, review rate increase requests and
determine appropriate fees for refuse collection services.
(Rate adjustments were previously approved by the County of
San Bernardino).
C.
Through franchising, the City will assume a greater role in
resolving problems and customer complaints which may arise.
Prior to franchising, the City received all complaints but
had no legal authority to resolve problems on behalf of
'
citizens.
d.
The City establishes standards for service and, in some
instances, may require improved levels of service from
collectors if problems occur.
e.
It is the City's responsibility to plan for future service
needs. While the current population receives adequate refuse
collection services, the City must also be concerned that as
new areas of the community are built, adequate services are
available.
f.
Franchising of refuse companies is, in some instances, similar
to franchising of utilities. Private business operators are
permitted to work within the City subject to certain regula-
tions which are deemed necessary to protect the health and
safety of our community. The assurance that companies will
-1- 7/
be permitted to operate also means that safe, modern equip- •
ment will be purchased, maintained, and periodically re-
placed throughout the life of the contract.
2. WHY IS RUBBISH COLLECTION REQUIRED OF ALL RESIDENCES?
In most cities, the collection of rubbish is required in order to
protect the health and safety of the community. The responsibility
for the general health and safety of the City rests with the City
Council, the elected representatives. While many homeowners con-
scientiously dispose of rubbish by taking it to the County dump
each week, there is also a substantial number of citizens who dis-
pose of trash by throwing it on vacant lots, in shopping center bins,
or by allowing trash to accumulate on their property for long periods
of time, thereby creating health hazards. In special circumstances
the City Manager may grant exemptions from the requirement if
special conditions exist which make the collection of rubbish extre-
mely difficult or impossible.
3. WHY WERE THE RUBBISH RATES INCREASED AS SOON AS THE CITY BECAME
INVOLVED IN FRANCH SING RUBBISH COLLECTION? •
The recently announced rate increases were approved by the County
prior to the time the City franchise began (October 1, 1980). The
city attorney, however, has determined that the recent rate adjust-
ments may be illegal since the City has the legal responsibility for
reviewing and approving rate adjustment requests. Tne City Council
has the option of retaining or reducing the fees until sufficient
data has been submitted to back up any rate adjustment requests.
4. HOW ARE REFUSE RATES ESTABLISHED? WHY ARE THERE DIFFERENT RATES
FOR DIFFERENT AREAS OF THE CITY?
Now that refuse operations are franchised, the City Council must set
the fees and review all future requests for increases. This has not
yet been done. When reviewing future rate adjustment requests, the
City Council may use a formula which takes into consideration in-
creased costs for energy and fuel, increased fees for use of the County
landfill, increases in salaries and benefits for employees of the
refuse operators, and related costs which may rise as inflationary
trends continue. The City is also studying the feasibility of esta-
blishing a special rate for senior citizens who are on fixed retire- •
ment incomes.
-2-
W
• Residents north of Base Line have for several years been charged a
rate which is twenty -five cents per month higher than the fee charged
in other areas of the City. This fee is intended to help offset the
additional costs incurred for fuel, higher maintenance, and more wear
on vehicles because of the hilly terrain in the northern areas of
the City.
5. WHY ARE REFUSE OPERATORS RESTRICTED TO CERTAIN AREAS?
Prior to franchising, it was common to see different operators on the
same street, sometimes on successive days. This type of operation
is inefficient and results in significant waste of fuel - an important
consideration in a nation experiencing an energy shortage. In
addition, the duplication of services also results in a greater poten-
tial for accidents, particularly those involving small children. By
limiting collectors to specific geographical areas, there will be
only one large refuse truck on each street per week, thus reducing
the potential for traffic accidents, pedestrian injuries or deaths
while also conserving fuel and providing more efficient service.
During the past two and one half years the City has periodically
received complaints regarding the services provided by every refuse
• collection company operating in the community. It is probable that
the option of switching companies when dissatisfied will be offset by
the City's ability to work cooperatively with companies to resolve
problems or provide improved services in order to retain the City
contract. However, in fairness to the current operators, it is
important to note that on occassion some residents create problems
which are not the fault of the refuse collection companies.
0
6. WHY ARE RESIDENTS OF ETIWANDA REQUIRED TO CHANGE REFUSE COLLECTION
COMPANIES?
Because of the State law which guarantees refuse operators five years
to phase out of business, residents of Etiwanda are NOT required to
change companies. They may continue to use one of the three companies
which is presently collecting their rubbish. Or, they may change to
either Rancho Disposal or Yukon Disposal if they wish. However, all
new residential development will be served by Rancho Disposal below
Base Line or Yukon Disposal above Base Line Road.
_3 73
Fi
The City is attempting to work out an agreement which will permit
residents to place up to five trash receptacles, three plastic bags,
and three bundles of tree clippings at curbside each week at no extra
charge.
8. WHY MUST CUSTOMERS PAY IN ADVANCE FOR SERVICES WE HAVE NOT YET
RECEIVED?
The collection in advance for services to be furnished is a policy
of the refuse companies. This policy has been in effect for several
years and is presumably intended to provide funds for ongoing main-
tenance and operations.
9. HOW MUCH DOES THE CITY EARN FROM FRANCHISING OF REFUSE OPERATORS?
Revenues received from franchising will be available in the City's
general fund to help defray the costs related to handling complaints,
to resolving problems, and to defray the cost of legal services which
may be required. It is significant to note that with or without a
franchise, the City must handle complaints. In addition, the City may
have public liability exposure in the event of a lawsuit involving
refuse services.
October 9, 1980
File: 1170 -04
-4- ?l
•
The City
receives five percent
of gross revenues. The same amount is
assessed
to the Edison Company
and to the Southern California Gas
Company
for providing services
to the community.
Revenues received from franchising will be available in the City's
general fund to help defray the costs related to handling complaints,
to resolving problems, and to defray the cost of legal services which
may be required. It is significant to note that with or without a
franchise, the City must handle complaints. In addition, the City may
have public liability exposure in the event of a lawsuit involving
refuse services.
October 9, 1980
File: 1170 -04
-4- ?l
•
ORDINANCE NO. 117
. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, PROVIDING FOR THE CONTROL, COLLECTION
AND DISPOSAL OF REFUSE.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: Charges for Collection of Refuse. A mandatory
monthly charge for the collection of refuse shall be made against the
occupants of each residential unit within the City. The amount of such
monthly charge shall be fixed from time to time by the City Council by
resolution; provided, however, no change in such amounts shall be
effective until thirty (30) days after the adoption of the resolution
changing the same. The monthly charge may vary within the City if the
City Council determines that refuse collection costs in some areas
exceed those in other areas because of location, topography or other
reasons.
SECTION 2: Method of Billing. Refuse collection charges
for each residential unit shall be billed by and collected by the collector
that provides services to such unit. Refuse collection charges shall be
due and payable upon being billed, and delinquent twenty -Five (25) days
thereafter.
• SECTION 3: Liabilitv for Pavment. In the event the occupant
of a residential unit fails to pay refuse collection charges within
thirty (30),days following the billing thereof, the owner of the premises
upon which such residential unit is located shall also become jointly
and severally liable for the payment of such charges.
SECTION 4: Penalty for Non - Payment. A penalty shall be
determined by Resolution of the City Council from time to time establishing
a charge for those who fail to pay the regular charge within thirty (30)
days following the date on which they are first billed thereof.
SECTION 5: Adjustment for Vacancies. No collection charges
shall be charged during the term that a residential unit is vacant,
provided that written notice of the commencement of the vacancy is given
to the servicing collector, provided, however, that refuse is not set
out for collection from such vacant unit. For the purposes of this
section, a vacancy shall be deemed to commence on the first (1st) day of
the week following the actual beginning of the vacancy, and the vacancy
shall be deemed to terminate on the first (1st) day of the week during
which the residential unit or commercial establishment is occupied or
re- occupied.
SECTION 6: Refuse Defined. "Refuse" shall mean and
include garbage, combustible rubbish and noncombustible rubbish.
(a) "Garbage" shall mean and include all kitchen and
table refuse, leavings, offal, and every accumulation of organic matter
which attends the preparation, consumption, decay or dealing or storage •
of meat, fish, fowl, fruits and vegetables. "Garbage" does not include
human body waste or liquid swill.
(b) "Combustible rubbish" shall mean and include but
shall not be limited to paper, cardboard, rags, clothing, books, footwear,
packing materials, grass, leaves, brush, and other substances that will
incinerate through contact with flames of ordinary temperature.
"Combustible rubbish" shall not include furniture, large household
appliances, junk autos or parts therefrom, dirt, rock or material from
the demolition, alteration or construction of buildings.
SECTrom 7: Other Definitions. For the purposes of this
Ordinance, the following words and phrases shall have the following
meaning:
(a) "Apartment house" shall mean a building, or portion
thereof, designed for occupancy by four (4) or more families, living
independently of each other.
(b) "Commercial" shall mean any business, industry,
commercial establishment or construction site.
(c) "Collector" shall mean any person or company designated •
by the City Council by ordinance, resolution or contract to collect
refuse within the Citv.
(d) "Each residential unit" shall mean each place used
for residential purposes for a single family. If more than one (1)
family is in one (1) dwelling, such dwelling shall constitute as many
units as there are families. Any residential unit used secondarily for
business purposes may be considered a commercial unit for the purposes
of assigning charges for special collection purposes.
SECTION 8: Receptacles Required. Except as provided in
this Ordinance, it shall be unlawful for any person to keep, place or
deposit refuse in or upon any public or private property except in
refuse receptacles which comply with the requirements of this Ordinance.
SECTION 9: Refuse Receptacles: Residential.
(a) Except as provided in this section, all refuse from
a residential unit shall be kept in a metal or plastic receptacle which
has a tight - fitting cover which prevents the escape of odors, and which
is equipped with at least two (2) bails or handles. Receptacles shall
not be less than fifteen (15) gallons nor more than thirty -five (15)
gallons in capacity, nor shall the maximum gross weight of a loaded
receptacle set out for collection exceed seventy -five (75) pounds in
weight.
•
76
(b) Grass clippings, leaves and other hard work debris,
other than branches or tree limbs, may be either deposited in metal or
plastic receptacles, as above mentioned, or in wooden or sturdy cardboard
boxes, tubs, plastic trash bags or similar receptacles. If cardboard
boxes are used, the cardboard boxes along with the contents shall be
• considered refuse set out for collection and both the cardboard boxes
and contents shall be collected.
(c) Branches, tree limbs or other similar debris shall.
be tied with sturdv twine, rope or wire, in bundles not exceeding four.
feet (4') in length nor eighteen inches (18 ") in diameter.
(d) Newspapers and magazines may be either deposited in
metal or plastic receptacles, as above mentioned, or tied with sturdy
twine, rope or wire, in bundles not exceeding fifty (50) pounds in
weight.
(e) Cardboard boxes nay be either flattened and deposited
in metal or plastic receptacles, as above mentioned, or may be flattened
and tied in bundles not exceeding four feet (4') in length nor fifty
(50) pounds in weight.
(£) Apartment houses may utilize contractor- approved
commercial type collection bins and shall do so if required by the
collector serving the apartment house. When an apartment house utilizes
commercial -type bins one (1) 3 -yard bin shall be furnished for each
multiple of six (6) residential units or fraction thereof.
SECTION 11: Receptacles: Cleanliness. The exteriors of
the refuse receptacles including covers, shall be kept clean by the
occupant. The interior of refuse receptacles shall be cleaned periodically
to prevent accumulation of grease or decomposing materials.
SECTION 12: Placement of Refuse Receptacles.
(a) Except when set out for collection as herein provided,
refuse receptacles shall be kept within a building, or otherwise out of
view from the public right -of -way adjacent to any property.
(b) No refuse receptacle shall be placed upon any public
street, alley, sidewalk or right -of -way in such a manner as to impede or
endanger pedestrian or vehicular traffic.
(c) Refuse receptacles and containerized or bundled
refuse shall be placed at the curb for collection, but not prior to
eighteen (18) hours before the scheduled collection day.
(d) All refuse receptacles shall be removed from public
view the same day collection service is rendered.
77
(g) Garbage may be
fed to animals upon property
where
•
animals may lawfully be kept in the
are maintained.
City if proper sanitary conditions
SECTION 10: Expense of
Refuse Receptacles. Refuse
receptacles
required by this Ordinance shall be
provided by the occupants of
each
residential unit or commerical establishment
within the City and
without
expense to the City.
SECTION 11: Receptacles: Cleanliness. The exteriors of
the refuse receptacles including covers, shall be kept clean by the
occupant. The interior of refuse receptacles shall be cleaned periodically
to prevent accumulation of grease or decomposing materials.
SECTION 12: Placement of Refuse Receptacles.
(a) Except when set out for collection as herein provided,
refuse receptacles shall be kept within a building, or otherwise out of
view from the public right -of -way adjacent to any property.
(b) No refuse receptacle shall be placed upon any public
street, alley, sidewalk or right -of -way in such a manner as to impede or
endanger pedestrian or vehicular traffic.
(c) Refuse receptacles and containerized or bundled
refuse shall be placed at the curb for collection, but not prior to
eighteen (18) hours before the scheduled collection day.
(d) All refuse receptacles shall be removed from public
view the same day collection service is rendered.
77
(e) All commercial —type collection bins or drop bodies
_._ shall be plated in an area which is easily accessible to collection
personnel and equipment, with sufficient way to safely collect and
maneuver without injury to persons or property.
SECTION 13: Periods to Set Out Refuse and Time for Collection. .
Refuse shall be set out for collection not later than 6:00 a.m. on the
day of collection. Any refuse remaining uncollected after the completion
of collection in that block shall constitute prima facie evidence that
such refuse was set out for collection after the expiration of the time
designated fro collection in that block. The person making the late
deposit shall return all uncollected refuse to the premises from whence
it came or shall arrange for a special collection to be made.
SECTION 14: Garbage to Be Wrapped. Garbage shall be wrapped
in paper or in plastic adequate to contain it without spillage or leakage
before it is deposited in a refuse receptacle.
SECTION 1S: Destruction of Refuse Receptacles Unlawful. It
_ shall be unlawful for any person to intentionally abuse, dent, bend,
mutilate, damage or destroy any refuse receptacle or cover thereof,
provided, however, that this section shall not apply to the owner of
such refuse receptacle or a person acting with permission of the owner.
SECTION 16: Combined Collection. Wrapped garbage, non-
combustible and combustible rubbish may be placed in the same refuse
receptacle for combined collection.
SECTION 17: Collection Frequents. All refuse generated by
residential units shall be collected a minimum of once a week.
SEC7IOM 13: Garbage and Refuse Accumulation. Every person .
owning or occupying any building, lot or premises in the City shall keep
such property in a clean and sanitary condition and shall not cause or
permit garbage or combustible rubbish to accumulate for more than one
(1) calendar week, or cause or permit non — combustible rubbish to accumulate
for more than one (1) calendar month. Any accumulation of refuse for a
period of time in excess of the times prescribed in this section is
hereby duclared to be a public nuisance, and said public nuisance may be
summarily abated upon order of the City Manager. All costs of abating
such public nuisance shall be charged against the person who had the
responsibility not to cause the accumulation.
SECTION 19: Dangerous and Infected Materials.
(a) No person shall place or deposit in any refuse
receptacle for collection pursuant to the provisions of this Ordinance
any unbroken hypodermic needle, drugs, poisons, acids, dangerous chemicals,
explosives, or any other substance which might cause the death of or
injury to a human being.
(b) No person shall place in any refuse receptacle for
collection pursuant to the provisions of this Ordinance any clothing,
bedding or other article which is contaminated by reason of being in
contact with a person or animal who has an infectious or contagious •
d.sense. Such clothing, bedding or other article shall be disposed of
only in accordance with the directions of the County Health Officer.
N VA
SECTION 20: Dead Animals.
(a) No person shall place the body of any dead animal
upon or under any public or private property in the City except such
place or places designated for dead animal disposal by the City Manager.
(b) The owner of any dead animal shall cause the body to
be removed to a place designated by the City Manager, as soon as possible,
at the owner's expense. In the event the owner of a dead animal is
unknown, or cannot be immediately located, the City shall cause the
removal of such dead animal. Any employee of, or other person authorized
by, the City may enter onto private property for the purpose of disposing
of the bodies of dead animals.
(c) The City Council shall establish a charge for the
removal of dead animals, and said charge shall be collected from the
owner of any dead animal which is removed by the City.
SECTION 21: Contract for Collection, Removal and Disposal
of Refuse.. The City may contract with persons or companies for the
collection, removal and disposal of refuse, which contract shall provide,
among other things, for the number of collections, manner of emptying
receptacles and obedience to sanitary regulations. Said contracts may
provide for a franchise fee, in an amount determined by the City Council,
to be paid to the City.
SECTION 22: Unauthorized Collectors. Except where a person
or company is authorized to continue collection services pursuant to
Health and Safety Code Section 4272, it shall be unlawful for any person,
other than the holder of a current refuse contract with the City, to
• collect or to remove any such receptacle from the place where the same
is placed by the person entitled to possession thereof, or to remove the
contents of any-such receptacle. This section applies only to the
collection and removal of refuse from residential units.
SECTION 23: Refuse Truck Regulations. Any person or company
holding a refuse contract with the City shall provide an adequate number
of vehicles and equipment expressly and especially designed for the
containment, collection and transportation of refuse. Said trucks shall
be equipped so as to prevent the spilling or dropping of any refuse or
liquid therefrom. Said trucks, when not in use, if kept within the
boundaries of the City, shall be kept only upon private property in a
zone which allows the parking of trucks. No refuse truck shall be
parked overnight in the City while partially or fully loaded with refuse,
unless due to breakdown or emergency, without permission of the City
Manager.
SECTION 24: Deposit of Waste Prohibited. It shall he
unlawful for anv person to cause, or permit, any garbage, sewage, commercial
or industrial •.+ante, or waste of any other nature, to remain or be
deposited nr discharged upon the surface of the ground on any public or
private property.
SECTION 25: Excoprj ons: Application and Appeal.
(a) Any person desiring to secure an exception from any
provision of this Ordinance may apply therefore in writing to the City
Manager.
77
(b) The City Manager is authorized to grant exceptions
from the provisions of this Ordinance if he finds that all of the following
conditions exist;
(1) Granting the exception would not be detrimental
to the public health and safety;
(2) Not to grant the exception would result in
undue hardship to the applicant; and,
(3) The hardship which would result to the applicant
from not granting the exception is a hardship which would not generally
apply to other property in the City.
(c) The action of the City Manager in granting or denying
an exception to the provisions of this Ordinance shall be in writing,
and shall be served upon the applicant in person or by mail and shall
also be posted in three (3) public places within the City. Any person
residing or owning property within the City may appeal the action of the
City Manager to the City Council. The action of the City Manager shall
be final unless written notice of appeal is filed with the City Clerk
not more than ten (10) days following the date of posting of the action
by the City Manager.
SECTION 26: Violations. Any person violating any of the
provisions of this Ordinance shall be deemed guilty of a misdemeanor and
shall be punishable by fine of not more than $500.00 or imprisonment for
not more than six (6) months, or by both such fine and imprisonment.
Any violation continuing for more than one (1) day shall be deemed to be
a separate violation for each day said violation exists.
SECTION 27: Enforcement. It shall be the duty of the City
Manager to enforce the provisions of this Ordinance. The City Attorney,
upon request of the City Manager, shall institute any necessary legal
proceedings to enforce the provisions of this Ordinance including, but
not limited to, instituting an action for and obtaining an injunction
from a court of competent jurisdiction.
SECTION 28: The Mayor shall sign this Ordinance and the
City Clerk shall attest to the same, 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,
published in the City of Ontario, California, and circulated in the City
of Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 20th day of August, 1980.
AYES: Frost, Mikels, Palombo, Bridge, Schlosser
NOES: None
ABSENT: None
G','/' . ,-`' "4,ZZr -"(-
Phillj.p D. Schlosser, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk
1
•
0
A
I*
ICA L_
M 91AFFvREPORT
r
F
U
DATE: November 19, 1980 1977
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Vacation of a Portion of Center Avenue
The initial request of Council for a review of the existing land-
scaping, in City Right of Way, that would be on private property
after vacation has been pursued with diligence by staff.
Senior Planner Michael Vairin made a field investigation and report
which was submitted to Council on September 17, 1980. Engineering
Staff contacted the Engineer for Data Design and requested that
they inform their client of Council's request for a landscape
maintenance agreement as a condition of the vacation (the Engineer
being the applicant). After no response, Staff contacted represent-
atives of Data Design by phone, excluding Mr. Dom Salvati, and
was assured that we would receive a response to the condition.
Mr. Salvati was written a letter by Staff acknowledging a lack of
response by Data Design. Staff's exasperated requests have been
fruitless.
It may be noted that at each Council meeting concerning the
vacation no one was present to represent Data Design.
RECOMMENDATION
It is recommended that City Council deny the vacation of a portion
of Center Avenue between Church Street and Foothill Boulevard as
shown on Map No. V -008.
FRespectfully submitted,
LBH:JLM:blc
Attachments
(a/
6
18
MEMORANDUM ?°
Z
DATE: September 10, 1980 v a
1977
TO: John Martin, Assistant Civil Engineer
FROM: Michael Vairin, Senior Planner
SUBJECT: Vacation of Center Avenue
Per the request of the City Council, Planning Commission Staff
has reviewed the proposed vacation of Center Avenue in front of
the Data Design Laboraties and have the following suggestions
to offer relative to the existing landscaping.
It appears as though the Council's main concern is that a vacation
of the right -of -way would prohibit or inhibit the ability to pro-
vide appropriate buffering and landscaping between the residences
on the west side of the street and any future industrial develop-
ment on the east side of Center. The amount of buffering either
for landscaping or building setback is not generally determined
totally upon the amount of right -of -way at the given location.
The Planning Commission has the authority, through the design
review and the development review processes, to require additional
landscaping and /or building setback, in order to provide adequate
buffering to make the development compatible with other develop-
ment. In terms of the existing landscaping, it would be to the
benefit of the property owners to maintain such landscaping and
not remove it, since, development of the property would require
landscaping be planted in this area. In addition, it appears
that they are already maintaining the landscaping which presently
is not on their property.
If we can offer any further assistance or clarification on this
matter, please do not hesitate to discuss this matter with us.
MV: jaa
CI"
lk1�i\CI l0 C['G loN(;,A
ENGINEERING DIVISION
nrl.e: rnAP - V =OOa
Al 11111 F;
5,3
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Utv ut
RANCHO
CUCAMONGA
November 12, 1980
Mr. Dom Salvitl
Data - Design Labs
7925 Center Avenue
Rancho Cucamonga, California 91730
RE: Center Street Vacation
Dear Dom,
On October 16, 19eo a third call was made by Engineer inq Stiff to Data Design
personnel, On that day 1 believe f spoke to Mr. Satti fer who indicated he
would get back to us with a decision concerning the following:
1. Council, as a condition of approval of vacating Center, requested an
agreement for maintenance of the existinq landscaping.
• 2. The Engineerinq Staff is to coordinate said agreement between City and
Data Design and respective attorneys.
The obvious questions by Staff to Data Design is: Do you want to commit to
the required landscape maintenance agreement? Or drop the vacation request?
To date, Staff has not received a response.
On November 19, 1980 it 7:00 Pm in the Lion's tenter conference room, the
City Council will review the street vacation of Center. If Stiff does not
recelvea response by Ncl nvl,ber ill, 1980, we will assure that Data Design wants
the petition far the vacation of Center Street dropped. The City Engineer
will then recommend that Council deny the request at the meeting mentioned.
Cordially,
COMMUNITY DEVEL.OP11ENT DEPARTt[ENT
ENGINEERING DIVIW O
I
Assistant Civil Engi ro—r
JLM:jia
er: Lauren Wessormnn
Jack Lam
POST (1FF'ICE N(1X 8117, NANO {10 Ct1C, \M11(1NG A, CA61Y(1RNIA 91730 • (714) 969 1851
T0: City Council
You had received the
locate your copy, let
Bev.
6
CITY OF RANCHO CUCAMONGA
MEMORANDUM
CITY Or 16\NC 110 CUC'X%I0,NGA o U.V.cA.>10
STAFF REPORT � \
F �W Z
DATE: November 19, 1980 rgrr
TO: City Council and City Manager
FROM: Barry K. Hogan, City Planner
BY: Michael Vairin, Senior Planner
SUBJECT: ZONE CHANGE NO. 80 -18 - R. J. INVESTI'ENTS - A request for a change
of zone from R -1 -1` to R -3 on 5.5 acres of land located on the south
side of Foothill Boulevard, west of Baker Avenue - APN 207 - 191 -49 &
48
BACKGROUND: The applicanj is requesting a change of zone from the present
designation of R -1 (single amily residential) to R -3 (multiple family resi-
dential) for approximately 5.5 acres of land located south of Foothill Blvd.
and west of Baker Avenue (Exhibit "A "). The applicant intends to develop
the subject property as a multiple family residential project. Attached as
Exhibit "B ", "C ", and "D" are the proposed site plans, building elevations,
and site sections, respectively. Recently, the City Council granted a
• change of zone to R -3 property directly to the north and east of the subject
property. Since the approval of that zone change, a residential project has
been submitted in accordance with the Growth Management Ordinance. That
project is a higher density project developed as a planned development.
The Planning Commission, at its meeting of September 24, 1980, held a duly
advertised public hearing to consider the above request. Several residents,.
who live just west of the project site, voiced concern over the type of
development that would be permitted in the requested zone. In addition, the
citizens were concerned about traffic flow through the existing neighborhood.
The Commission responded that precise site plan and design review is required
for any development in that area which would respond to the concerns that
were raised. In fact, a preliminary site plan of the area, indicates that
the primary traffic flow of the development would not go through the neighbor-
hood. The Planning Commission adopted Resolution No. 80 -49 recommending
approval of Zone Change No. 80 -18, which is attached for your review.
ANALYSIS: Exhibit "A" displays the present zoning of the subject property
and surrounding vicinity. As can be seen, the project site is already partially
zoned R -3 and property to the northeast is presently zoned R -3. The General
Plan indicates medium density residential at 5 -15 units per acre for the subject
site and property immediately to the south and east of the subject site.
From the west boundary of the subject site and continuing west, the General
Plan indicates low density residential at 2 -5 units per acre. The property
to the west and adjacent to tho subject property is presently developed as
a single family residential project. Three streets presently stub into the
subject property. According to the proposed site plan one of these streets,
Via Carrillo, will be. used as the primary access for the northern part of the
subject property. The other two streets are being proposed as emergency
162
City Council Staff Report
ZC 80 -18
Page 2
•
access only, with primary access being provided off of Baker Avenue. The
subject property is adequate in size and shape to accomodate the kinds of
uses and proposed uses permitted inthe R -3 zone. In fact, the size and
shape of the subject property lends itself to better development as a
clustered -type development rather than a single family subdivision. The
property is large enough to provide the necessary landscape buffers and
building setbacks so that no adverse impacts will be created upon the existing
single family residences.
Part I of the Initial Study has been completed by the applicant and is
attached for your review and consideration. The Planning Commission has
reviewed the Initial Study and has found no significant adverse impacts on
the environment as a result of this zone change and therefore, recommends
issuance of a Negative Declaration.
CORRESPONDENCE: A public hearing notice has been advertised in the Daily
Report and approximately 50 notices were mailed to all property owners within
300 feet of the subject site. •
RECOMMENDATION: The Planning Commission recommends that City Council adopt
the attached Ordinance approving Zone Change No. 80 -18 with issuance of a
Negative Declaration.
Res nc'�tfu /submitted,
BARRY,�KI �IODA
� _ ,CityPlanner
t�
BKH:MV:cd
•
Attachments: Exhibit "A ", Location Map
Exhibit "B ", Site Plan
Exhibit "C ", Proposed building elevations
Exhibit "D ", Proposed site sections
Part I, Initial Study
Planning Commission Resolution
Ordinance
11
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O SITE SECTION A•A -
_ SITE SECTION C•C
ca
(fl SITE SECTION B•B
•
CITY OF RANCHO CUCAMONGA
• INITIAL STUDY
PART I - PROJECT INFORMATION SHEET - To be completed by applicant
Environmental Assessment Review Fee: $50.00
For all projects requiring environmental review, this
form must be completed and submitted to the Development
Review Committee through the department where the
project application is made. Upon receipt of this
application, the Environmental Analysis staff will prepare
part II of the Initial Study. The Development Review
Committee will meet and take action no later than ten
(10) days before the public meeting at which time the
project is to be heard. The Committee will make one of
three determinations: 1) The project will have no
environmental impact and a Negative Declaration will be
filed, 2) The project will have an environmental impact
and an Environmental Impact Report will be prepared, or
3) An additional information report should be supplied
• by the applicant giving further information concerning
the proposed project.-
0
PROJECT TITLE: None
APPLICAh°T'S NAME, ADDRESS, TELEPHONE: (714) 540 -5151
R -.7 Investments
17062 Murphy Avenue, Irvine, CA 92714
NAME, ADDRESS, TELEPHONE OF PERSON TO HE CONTACTED
CONCERNING THIS PROJECT. William K. Fukutaki, Vice President
R -J Investments, 17062 Murphy Ave., Irvine. CA 92714 (714)
540 -5151
LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.)
F3292 and 53,13 Rak,�r Avenue
207 - 1.91 -45, 207- 191 -49 mW-444- i9,---"i _
LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND
FEDERAL AGENCIES AND TILE AGENCY ISSUING SUCH PERMITS:
Z -)
IF/
PROJECT DESCRIPTION 0
DESCRIPTION OF PROJECT: 106 unit garden type
condominium oroiect
ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND
PROPOSED BUILDINGS, IF ANY:
Structure square footage: Existing = 0; Future = 164,315
DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE
INCIUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES) ,
ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE
OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY
EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS):
Is the project, part of a larger project, one of a series
of cumulative actions, which although individually small,
may as a whole have significant environmental impact?
No
I- 2
•
WILL THIS PROJECT:
• YES NO
X 1. Create a substantial change in ground
contours?
X 2. Create a substantial change in existing
noise or vibration?
_ X 3. Create a substantial change in demand for
municipal services (police, fire, water,
sewage, etc.)?
X 4. Create changes in the existing zoning or
general plan designations?
X 5: Remove any existing trees? How many?
_ X 6. Create the need for use or disposal of
potentially hazardous materials such as
toxic substances, flammables or explosives?
Explanation of any YES answers above:
• Item 4: General plan designation of medium density residential
development - No change.
Zone chance requested from R -1 -T to R -7 for P,rr 1 No-
207-191-49 and portion of 207- 191 -48.
Item 5: Remove all de$eased trees
IMPORTANT: If the project involves the construction of
residential units, complete the form on the
next page.
CERTIFICATION: 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 evaulation can be made by the Development
Review Committee. R -J NVVFMS /TMEN�'S
' Date_ iw ,ust 29, 1980 signature /k, r l� / Le I
Is /Richard 0. Jones
Title President
,. a YJ
tir
RESIDENTIAL CONSTRUCTION
The following information should be provided to the City of Rancho Cucamonga
Planning Division in order to aid in assessing the ability of the
school district to accommodate the proposed residential development.
Name of Developer and Tentative Tract No.: R -J Investments
Specific Location of Project: 8392 and 8348 Baker Avenue
PHASE I PI8M A( D7SWMX3: RRAARXAX TOTAL
1. Number of single
family units:
condominium
2. Number of xwalftdprka
family units: 106
3. Date proposed to
begin construction: Jan 1982
4. Earliest date of
occupancy: Aug 1982
Model #
and 8 of Tentative
5. Bedrooms Price Rance
1 bedroom $50,000
• 2 bedroom $60,000
3 bedroom $70,000
106
•
C
PC,Ill 111 [fit Y.I. £ ;f1 -49
A RrSnLUIIn'I OF 711E RANCIIIr CIIUtlounA rIANHT NG
Cf,!it 11,S IOtI pE rnt'11Fr1O 11IG Arl'POVAI_ Or 10'IC CPANGE
• NO. 80 -1R REQUESTING A CHANCE 111 THE ZONING
FROM R -I TO R -3 FOR 5.5 ACRES LOCATED WEST OF
RAREP„ SMITH OF FOOTHILL 13OULEVARD ASSESSORS
PARCEL NO. 207 -191-49 8 48.
•
IP IF, Pr. AS, on the It day of Soptemher. 1980, an application was
filed and accepted on the above described project; and
WHERFAS, or the 24th day of Septnn,hpt . mn, the rimming rolnission
held a duly advertised pohlic hearing pursuant to Section 65854 of the
California Government Code.
SECTION I: The Rancho Cucamonga Planning Co,mission has made
the following findings:
That the suh,jncl. property is suitiblo for Vie uses permitted
in tho proposed Zone in terms of access, size, and
Compatibility with existing land use in the surrounding area;.
and
2. The proposed zone change would net have sinnifirant impacts
on the environment nor the surrounding properties; and
3. Ihat the proposed zone change is in c oil foma tic e with the
GrneraI Plan,
SECTIn11 The R,mcho Cucamonga I'lannina Corm,ission has found
that this nrn.jgrt 'will nor n' =ate a signi fir.i0 impact on tilt,
mnv9rnrrnent. and has reconnnended issuance of a tlrgat.iv- Oec lara tion on
Srzptemhor 24, 19710.
NOW, TIIERFFORE, BE IT Rf.501-VED:
I, That pursuant to Section b505n to Shen+ of the California
r.. °urn .•ni Codr, that. the Planning rownissinn of the
City of Rancho Cucamonga herehy rerommendc approval on
the 24th day of Septemher, 19RO, Zone Change No. 80.18.
2, It" flonninp rnmmitsino he,rbv ,,,c' ..iris that the City
Cnun,+l aptnove and adopt Zone Change No. 80 -18.
3, Th,r i Ce, tit;md Cnny of this R ?,ni,tion and rmla te,l
�a tnr inl h�,'mb, ad ^Ut =d b,, thm rldrninq Cnntni5sion shall
ht, fonmrdod to the City fonnr,il.
AHY01/1.0 AND ADIIPTLO THIS 24111 PAY OF 'EPTEMCR, 1980,
! J
PLANNING COIVISSIMI OF THE CITY Of ','.ANCHO CUCAMONGA
Richard
ATTEST ?"�
Secretary of the Planning Commission
I, JACK LAN, SecrMary of Planning Cunmission of the City of Rancho
Cucamonga, do herehy certify that the forenninq Resolution was duly and
regularly introduced, passed, and adopted by the Planninq Commission of
the City of Rancho Cucamonga, at a regular meeting of th,, Planning
Commission held on the 24th day of September, 1960 by the following
vote to -wit:
AYES: COMMISSIONERS: Tolstoy, Sceranka, KinN, REmpel, Dahl
NOES: COIPIISSIONERS: None
ABSENT: COMMISSIONERS: None
Is
•
• November 3, 1980
The Honorable Mayor Phillip D. Schlosser
Mayor of Rancho Cucamonga
City Offices
9320 Baseline, Suite C
Rancho Cucamonga, CA 91730
Re: Zane Change 80 -18 (R.J. Investments)
Dear Mayor Schlosser:
We wish to express our opposition to the proposed rezoning of the above
referenced property from R -1T to R -3.
It appears to us that this development would be detrimental to the surround-
ing neighborhood, and the conr pity in general, for several reasons.
The increased traffic in the area is a definite concern, and from the reaction
of R.J. Investments at the September Planning Conmission Meeting, one that
has been given little thought. We were told that Via Carillo would be a
secondary entrance to the development, with main access being from Baker
• Avenue. The spokesman also stated that entrances at Ricardo and Femleaf
would be provided, with some sort of gating mechanism, opening the streets
to traffic for emergency use only. There were no details available at the
meeting on how this would work.
Baker Avenue at Foothill is already a very heavy traffic intersection, and
made worse by the narrowing, and low visibility of Foothill Boulevard traffic
at Baker. lk fear that the increased traffic caused by this project will
force the City to consider opening up the gates on Ricardo and Fernleaf.
The apparent result of this being much greater increase in traffic, pedes-
trian injury, and crime on Comet Street, along with an inevitable decrease
in property values.
Although our child is not yet of school age, we are already aware of the
inadequacy of the area schools to handle the substantial increase in students
due to the heavy construction in the area. We have been informed that this
project would greatly increase the already serious overcrowding of these
schools.
In light of these reasons, we ask that you give this matter your personal atten-
tion. 'ihank you in advance for your assistance.
Respectfully yours,
Frank & Margy Prentiss
40 8337 Cornet Street
Rancho Cucamonga, CA
cc. City Council Members
F7
ORDINANCE N0, 125
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S
PARCEL NUMBER 207 - 191 -49 -48 FROM R -1 TO R -3 LOCATED
ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, WEST OF
BAKER AVENUE.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: The City Council hereby finds and determines
the following:
A. That the Planning Commission of the City
of Rancho Cucamonga, following a public
hearing held in the time and manner pres-
cribed by law, recommends the rezoning of
the property hereinafter described, and
this City Council has held a public hear-
ing in the time and manner prescribed by
law as duly heard and considered said
recommendation.
• B. That this rezoning is consistent with the
General Plan of the City of Rancho Cucamonga.
C. This rezoning will have no significant
environmental impact as provided in the
Negative Declaration filed herein.
SECTION 2: The following described real property is hereby
rezoned in the manner stated, and the zoning map is hereby amended
accordingly.
R -1 (single family residential) to R -3
multiple family residential).
Said property is located on the south side of Foothill Boulevard, west of
Baker Avenue known as Assessor's Parcel Number 207- 191- 49 -48.
SECTION! 3: The Mayor shall sian this Ordinance and the
City Clerk shall cause the same to be. published within fifteen (15) days
after its passaae at least once in The Da�Report, a newsoaper of
general cirr. elation r:iblished in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this day of , 1980.
li
•
•
/`rry / \C n I nIrn 1l !,,III I.11 III .r CA Gam.
srAFF REPORT <�
DATE: November 19, 1980 u 5
1977
TO: City Council and City Manager
FROM: Barry K. Hogan, City Planner
BY: Michael Vairin, Senior Planner
SUBJECT: ZONE CHANGE NO. 80 -19 - DIVERSIFIED INVESTMENT - A zone change
request for 16 acres of land located on the northeast corner of
Base Line and Archibald Avenue from P. -1 -5 (single family resi-
dential) to A -P (administrative - professional) and R -3 (multiple
family residential)- APN 201 - 181 -12, 21 & 22
BACKGROUND: The applicant is requesting a change of zone for 16 acres of
land located on the northeast corner of Base Line and Archibald from R -1 -5
(single family Residential on minimum 5 acre lots) to A -P (administrative
professional) and R -3 (multiple family residential). Exhibit "A" indicates
the location of the site and the configuration of the proposed zone change.
The Planning Commission, at its meeting of October 22, 1980, held a duly
advertised public hearing to consider the above request. The business
people in the Base Line Village Center supported such a change. Upon con-
clusion of•the public hearing, the Planning Commission adopted Resolution
No. 80 -52, recommending approval of Zone Change No. 80 -19 to the City Council,
which is attached for your review.
ANALYSIS: The majority of the site is presently undeveloped containing
only minimal improvements. The site contains an existing single family
dwelling and an abandon fruit tree orchard and chicken ranch. The project
site is presently General Planned as mired use and zoned R -1 -5. Attached
as Exhibits "B" and "C" is a display of the General Plan designations and
zoning for the project site and surrounding areas. -The mixed use designation
on the General Plan permits the development of either office professional
uses or high density residential uses. To implement one of those two use
categories, the property would have to be zoned A -P for administrative uses
and R -3 for multiple family uses. Therefore, the request is delineated in
Exhibit "A ", is consistent with the Interim Land Use Element of the General
Plan.
The site is adequate i ". size and shape to accomcdate the types of uses
permitted in the proposed zones. In addition, the types of permitted uses
in the proposed zones are compatible with existing and proposed land uses in
the immediate area.
Part 1 of the Initial Study has been completed by the applicant and is
attached for your review. After review of the Initial Study, the Commission
found no significant adverse impacts on the environment, and therefore
recommends issuance of a Negative Declaration,
F17
City Council Staff Report
ZC 80 -19
Page 2
The applicant provided a conceptual site plan at the Planning Commission
meeting which indicated that the areas devoted for A -P and R -3 are adequate
in size and shape to accomodate development. The applicant intends to
develop several office buildings and a restaurant on the A -P section. The
R -3 portion is intended for a condominium project.
CORRESPONDENCE: This item has been advertised in the Daily Report newspaper
for a public hearing. In addition, approximately 18 public hearing notices
were mailed to surrounding property owners.
RECOMMENDATION: The Planning Commission recommends that the City Council
adopt the attached Ordinance approving Zone Change No. 80 -10 with issuance
of a Negative Declaration.
Respectfully submitted,
Barry /K/ Hogan
.—Ci tyVDl anner
BKH:MV:cd
Attachments: Exhibit "A ", Location Map
Exhibit "B ", General Plan
Exhibit "C ", Zoning Map
Part I, Initial Study
Planning Commission resolution
Ordinance
pi
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11
CITY OF
RANCHO CUCAMONGA
PLANNING I)IVISIC)N
Nmm
rreAI: Zc NL C-HANCAE PO.gO -19
TITLE VcATiorl MaP
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CITY OF ire,\t: U; `L-
RANCI1C) CLCAINK)NGA Trn.r,: =,tri �h� i'�n •
PLANNING UIViSION I:\IIIllll, 6_SCALE:
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CITY OF
R ANCI K) CUC.AMONGX A
PLANNING DIVISION
rrl:A iLo r CH Q N6� Nn . ?0 -11
TI FIT: ZoNI
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CITY OF RA>1C10 LOCAlIONGA
INITIAL STUDY •
PART I - PROJECT INFORYITION SHEET - To be completed by applicant
Environmental Assessment Review Fee: $80.00
For all projects requiring environmental review, this
form must be completed and submitted to the Development
Review Comnittee through the department where the
project application is made. Upon receipt of this
application, the Envirom,ental .ln�lysis staff will prepare
Part II of the Initial Study. The Development Review
Committee will meet and take action no later than ten
(10) days before the public meeting at which time the
project is to be heard. The Committee will make one of
three determinations: 1) The project will have no
environmental impact and a Negative Declaration will be
filed, 2) The project will have an environmental impact
and an Environmental Impact Report will be prepared, or
3) An additional information report should be supplied
by the applicant giving further infor -ation concerning •
the proposed project.
PROJECT TITLE:
APPLICA ^.P'S LAME, ADDRESS, TELEPHONE- Diversified InvesE-
ment Company (Jack Tarr) , 270 S. Br is to I- Street, ui e
Costa Mesa, California 92626 (714)957 -2651
NAME, AUDRESS, TELEPHONE OF PERSON TO BE CONTACTED
CONCERNI`:G THIS PROJECT: Jack Tarr, _270 -So. Bristol
Street, Suite 201, Costa Mesa, California 92626 (714)957 -2651
I0CA'r o,; OF FROJ ^:CT (ST e:E FT el i' ^i: i :ec j,'p Aep F: FOR FA[iCEL NO,)
9738 Baseline Pond, Northeast corner of Archibald and _
B�scllne, Rancho Cucamonga, California -APN =202 -181- 12,21,22
LIST OTHER Pr KMITS NP,CESFARY FFOM !DCAL, REGIONAL, STATE AND
FEDERAL AGENC!L'S AND 'ME AGENCY ISF.UIt!G SUCH PciU-11TS:
N/A
I -I
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PROJECT DSCRIPTION
DESCRIPTION OF PROJECT: Sixteen 116) acre plannea
commercial development including retail offce
i, financial
and restaurant. Proiect will be aesthetically designed
ana pleasantly lanascdpea with convenient ample parKing
ail customers.
ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AI4D
PROPOSED BUILDINGS, IF ANY:
DESCRIBE THE ENVTRO ^.i:- L'7TAL SETT1 ^:G OF THE PROJECT SITE
INCLUDING IISFORDLATION ON TOFOGRAPHY, PL.A.TS (TR °ES),
ANIRALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE
OF SURROUNDING PF.OPFRTIES, AND THE DESCRIPTION OF ANY
EXISTING STRUCTURES A ?:D THEIR USE (AT ACH NECESSARY SHEETS):
Site is relatively flat with abandoned fruit trees
and scrubgrass growing on site. There is an existing
chicken ranch on site with ancilliary storage and one
single family dwelling unit. There are no cultural,
•
historical or scenic aspects which will be significantly
affected.
•
Existing animals include mice, pocket gophers and ground
squirrels.
Is the project, p =irt of a la.r:;nr prcjcct, one of a series
c
of c;:.ulativc acticns, Which _..ii•: id uallp _�.al 1,
may as a whole have significant en'+iror.lcntal impact?
No
I^ 2
16.-
WILL THIS PRODECT:
YES NO
X 1. create a substantial change in ground
contours?
X 2. Create a substantial change in existing
noise or vibration?
X 3. Create a substantial change in demand for
municipal services (police, fire, water,
sewage, etc.)!
X 4. Create changes in the existing zoning or
general plan designations?
X _ 5: Remove any existing trees? How many? 30
X 6. Create the need for use or disposal of
potentially hazardous materials such as
toxic substances, flammables or explosives?
Explanation of any YES answers above: Change of zone
from R -1 -5 to C -1 and General plan from mixed use to
on
Count is an approximation.
IMPORT,AN7 : If the project involves the construction of
residential units, complete the form on the
next page.
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and
information required for this initial ovallation to the
best of my ability, and that. the facts, statements, and
information prascnted are true and correct to the best of
my Rn7wlc dge and belief. I further understand -that
additional information may be required to be;sAmitted
before an adr,qunte evaulation can be made by'thl Dcve lopment
Review CC ;nmiLtee, .. _
Ilia CcU1t,c+Yj/ d l�aptneTSi'
Date S ig naturC`-e�.' i ,�ie.r.'it •, �L6 �[.
'I Gerrit P. &Tena , >a Boert
Title Property Owner
T-3 116
A q} "'.I11 �11I Ot; OF I) 1K PiC'I'fl fl I(nhlllNGA I'I A191 Ie:
f.6Pddl `:I (Rl Rf LOfifli IN)l ul', ra1•I'p`)VAt OF ZW)E 4RANFE
NO 80 -19 REQUESTING A CHANGE IN THE ?TI IHF
FROM R -1 -5 to A -P g R -3 FOR 16 A(CRFS OF AND
L11f,A71.11 ON Tit NEIRTIIEAST CORNER of ARCIIIRAIU
' AND EASE LINE - ASSESSORS PARCEL NO. 201- 181 -12.
21, R 22.
101EREA,, on the 4th day of September, 1930, an application was
filed and accepted on the above described project; and
WPERCAS, no the 22nd day of Octeher, 1 0An, the Planning Commission
held a duly advertised public hearing pursuant to Section 65854 of the
California Government Code,
SECTITI I: The Rancho Cucamonga Planninq Crmmission has made
the following findinws:
Thar tho subiect rl")W tY is s'r trPhle For the uses permitted
in the proposed zone in terms of access, size, and compatibility
with existing land use in the surrounding area;
2. The proposed zone chango world rot have significant
impact on the environment nor the surrounding properties:
and
3. That the Proposed zone. change is in conformance with the
General Plan.
. SECTIOiI 2: The Rancho Curanwnpa Piannino rNwidssion has found
that this p6jec,1 will not create a significant ad"rse Qmct on the
environment and recommends issuance of a Negative Declaration on October
22, 1980,
NOU, THEREFORE, GE (T RESOI.VCD!
1. Ihnt. Iwvmnt to Section 65850 to 6585, of the California
6ovrrnment I`nde, that thn Planninn Cnnnaiasinn of the City
of Rancho (:m:amnngn hereby r'ernnmmnds il,ptov,nl on the
2210 day of Octoher. 1980, 7nnc chango No. 80-19.
2. Ih, Planning fnmmi'.a inn lip, r v r'ncnmm...... Ihal (he Cit
I .of nr,iI apprnvn. and adapt Inns lhangr tla, 8I1 -19 ,
3. Pql . Genii " -d fn of 'his cI:
r^�' ^ri?lh,:rgi.: a' ^otrd h; !r^ rlanr,irg fo�issicn shall
t•e fnr',,arded to the City Cnincil.
APPROVED Poo Ao(JP1(o THIS 221@ NA( nF Or,Tof,Q, I 1j8(l,
IF
i �� ^ti e �. ✓♦�w y r F 1 4 �r
•
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ORDINANCE N0, 126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S
PARCEL NUMBER 201 - 181- 12 -21 -22 FROM R -1 -5 TO A -P
AND R -3 LOCATED ON THE NORTHEAST CORNER OF
BASE LINE AND ARCHIBALD AVENUE.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: The City Council hereby finds and determines
the following:
A. That the Planning Commission of the City
of Rancho Cucamonga, following a public
hearing held in the time and manner
prescribed by law, recommends the re-
zoning of the property hereinafter
described, and this City Council has held
a public hearing in the time and manner
prescribed by law as duly heard and
considered said recommendation.
B. That this rezoning is consistent with the
General Plan of the City of Rancho
Cucamonga,
C. This rezoning will have no significant
environmental impact as provided in the
Negative Declaration filed herein.
SECTION 2: The following described real property is hereby
rezoned in the manner stated, and the zoning map is hereby amended
accordingly.
R -1 -5 (single family residential) to A -P
(administrative professional) and R -3
(multiple family residential).
Said prnperty is located on the northeast corner of [lase Line and Archibald
Avenue known as Assessor's Parcel Number 201 - 181 -12 -21 and 22.
SECTION 3: The Mayor shall sign this Ordinance and the
City Clerk shall --eo;e the se ^e to be cjtli:hed ai '.nir fi`:een (15) days
after its Passage at least once in The Daily_Repor_t, a newspaper of
general circulation published in the Crhof Ontar;o, California, and
circulated in the City of Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this day of , 1980.
16r
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9
CITY 01: R,\NCl 1O CI:GNN10NUTA
STAFF RE130Rr
DATE: November 19, 1980 11
TO: City Council and City Manager
FROM: Barry K. Hogan, City Planner
BY: Michael Vairin, Senior Planner
SUBJECT: ZONE CHANGE NO. 80 -20 - VANGUARD - A zone change from R -R to R -1
on 10.1 acres of land located north of Arrow Highway, east of
Archibald Avenue at the eastern terminus of Cerise and Placer
Streets - APN 208- 311 -01
BACKGROUND: The applicant has requested a change of zone for approximately
10 acres of land located north of Arrow Highway at the eastern terminus of
Cerise and Placer Streets (Exhibit "A "). The subject property is presently
zoned R -R (rural residential) and the applicant has requested a change of
zone to R -1 (single family residential). Th- applicant has requested a
change of zone for ultimate development of a single family residential pro-
ject. The project site presently consists of an existing citrus grove and
is vacant of any structures.
The Planning Commission, at its meeting of October 22, 1980, held a public
hearing to consider the above request. Upon completion of the hearing, the
Commission adopted the attached Resolution No. 80 -53 which recommends approval
of Zone Change No. 80 -20 to the City Council.
ANALYSIS: Exhibits "B" and "C" indicate the adjacent land use and zoning
which is described as follows:
LAND USE ZONING
North Single Family Residential R -1
South Church R -R
East Multi- Family Residential R -3
West Single Family Residential R -1
The Interim Land Use Element of the General Plan designates the property as
low density residential (2 -5 units per acre). Surrounding General Plan
designations indicate low density residential to the wrest and north, medium
density residential to the east, and high density to the south. The project
site is adequate in size and shape to accomodate the uses that would be
permitted within the proposed zone. In addition, the proposed zone change
is consistent with the General Plan and with existing and proposed land uses
in the immediate vicinity.
The Initial Study has been prepared for the environmental assessment of this
zone change. Attached is Part I of the Initial Study as provided by the
applicant. After review of the Initial Study, the Commission has recommended
l09
City Council Staff Report
November 19, 1980
ZC 80 -20
Page 2
issuance of a Negative Declaration.
CORRESPONDENCE: A notice of public hearing was published in the Daily
Report egal ad section on November 7, 1980, In addition, approximately
100 public hearing notices were sent to all property owners within 300 feet
of the subject property. To date, no correspondence has been received
either for or against this project.
RECOMMENDATION: The Planning Commission recommends that the City Council
adopt the attached Ordinance approving Zone Change no. 80 -20 with issuance
of a Negative Declaration.
Re" tfull submitted,
idrry� Hogan
tty�lanner
BKH:MV:cd
Attachments: Exhibit "A ", Location Map
Exhibit "B ", Land Use Map
Exhibit "C ", Zoning Map
Part I, Initial Study
Planning Commission Resolution
Ordinance
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PLANNING; llf\'ISK)N
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PART I 7,•..7 =i1: S.i! [ , - Ic L•e �r,;-, r.lc` ^_9 1 applicant
Enviro:_-.ontal Assessment P.evicw Ice: $ s} .dv
For all Project= rognirin.7 revirw, this
form mru:t hr, completed and sulnni Ct ^,1 to the Irovrinpmcnt
Review Comnllttee tilroUiyll tile departalCllt latere the
project application i, made. llprnl receipt of this
applicat ion, the Envivonrlontal staff will prepare
Part II of the Initi-11 Stu(Ip. The I *•:o l +n +�nonI Revio,
Committee will meet-. and Like action no later than ten
(10) (Iayp bofore tile pliblic mrrtimt at t:hich time the
pro:iect i ^, to he hoar(:. 'V!l CornOU"C• will miske ene of
threr determinations: 1) The. J')o'Irct will hair no
environmental impact and a 0+'nati ^e I1nc Ltration will Le
filed, 2) The project will have• nn ulvironmontnl iripact
and an ! m: irflnmental Impact Rcl,i t. will he prcl:aro(1, or
3) An adc3itional information rrport rhoulcl he supptic(l
by the applicant giving fur.thcr information concerning
the proposed project.
•
PROJECT TITId3: ICUL, Tract I05n Q_Vancwird Ilomes- Ninoho C,c monga
APP: +IC4i]'P'S NAi`II1, IUDrIa S, '!'L;i,il l`I IOIIIi: v,i�n•+ia rd Rational Iiui lders,
06 LA 711i 9t N,+ncho Cn(amunga +_. CA_._I710 A Pa rt no r,,li L
NANI1, Ahn!:I �'F, TIILCPII(1rC OF Pi vFON 'ro DE CONTACTED
CONCERNING TIIIS PROJECT: (:glecn fimir1-9638 7th et teat
W (I ) Cu(.+nunn:a, (IA. 91770 (714) 987 -b'S7b
IDCiI'1'R'i ?7 pF PrOJI;CT (!; i'I:I:I:T i,Dn RP.:'d; AI �) A;FI;FSOR PARCIIE NO.)
_I'I_ir 1'_iwl C+ri �.r til• +. C.nr nrl, nl l rr hib.i L1 1v+.
I,IrT C'I'I l''P PEWIi TF 'lL:C I-G:'• \I?7 1"PO'I T.r r.* r.!',In'! +,!,+ STATE AHD
FEDERAL AGP7ICICF AND Tor AMUC`; 1! "VIII I::, SUCH PEMITS:
"I'll - _,_
,_) p4
6 PROJI CT !1i SCR I PI•ICl rl
DESCR1PTIp1i OF PPOJFCT: It is proposed to su Ldivide the existing
parer.! 4ita 42 :es ide•ti In[s ..f• I i:nr - L±[ easof '200 j.ft,
ACRI:Ar3C OF Df.O,TT-CT ART'.A A.ND SQUAIIX it)OTAGE OF EXISTING AND
PROPOSED BUILDINGS, IF ANY: P<o'eat ic• c a t ii Ill I gr ss
aC rc =_c v_ vistin_c htrilding S. Proposrd har...s rM Ir.rvc 1060 t0 1482
fr. 1 licimr
W'SCP.T "!l '111E f'tlt+7 "r�'_r.'i li,__I,1' TN;_ Of' TIM PRnJI:C'r SUIT
7tJC LUh11dG 7Nroi!m'i'Tnn oN 'I'UPII(;'r;%PIIY, ri,mri'S ('I'PI:I:A),
ANIMAL,', ANY CUUrp F.Ai„ 1!157'0i'l CAT, OR f :Ci "IIC AS P:;C'1'S, USF.
Or SI!Ri' ^UNDTNG PPOPEBTIEF, AND THE DI','- CP.IPTTON OI• ANY
EXIS"PING S'1•RUCTURES AND THEIR USE (ATTACH NECESSARY SNUTS):
'fhc nr+irct :itc is vacant. LnrJ at uresr,nt time ,loping grnerally from
north ro the south. There nr_ rnx im It clv 76 iLIrLo true ss Irnostl
._.�_
JraJI ,md nlq +rnx inrat r.IY_n r,rlvptus troop, in[rrspvrscd In vcud ground
• Deer J ['„ situ Exist inc .Ini,ils on tho nice would be rntlents and /or
.mnm ud 11 rrcis,
In 'Ir Icvl ilh t thero ,ire my cults rol, hi:- [,,deal nr xon,' i;pec.ts
r thr >irI 1 „rnJ to [hr mrJ late unrth ''Id m,st Is ,lrvolnpr,d da .Tingle
i,ua,1, ti..,id"'It!dl whir rnininuuhr_lol "I t"'_s ul 721+0 sq, It. ,Ind thc_innnc-
.li It rr,i is ilrvol sped Ia .r Int Im.rh:o. I'Idnned ketil den[i,tl Ireculopment.
to [ho ulnediat,i south Is girt i.rI e J,,- 11, 1),,1 o rural rest Je n ial
nu r.I ,oI v.rn rng Irnnr ,rppr, I,ItrlV rtre III rrn,nunh. —�
In tllr lrro it rL, p:irL of a 1,nlrr pr, I,ct, nw, or ,a s r r i t•r;
of cupnllal. it•C actions, wh]( h nikhtnlrlll In,li vidunl ly Small,
may a❑ a Whole have sionif icant Cnvtr'DIINIrntai impaCL?
•
wn.t, '1'IIIf; !•i,n•II CT:
11 —S _..: ) - - - --- •
1. create a substantial change in ground
contours?
2. create n !;uhrtanta�l change in existing
noise or vibration?
X 3. Create a suU;Lantial change in demand for
municipal services (police, tare, water.,
sewage, etc.)°.
1— 4. create chanop= in tl:r_ r;:i! =tin9 zoning or
general plan designations?
ti 5. Remove any existinq trees? llow many? 79
S 6. Ctente the nerd for use or disposal of
potentially harnrdo�ir materials such ar.
toxic substances, clairenables or explosives?
Explanation of any YI= ,9 answers above:
II ••i I Lo ,,, es,'ry t,. remgvv Oir rsi.s Oop rrees from the property.
• . mr,t ly_ d •jd and a potty c' I I i re hdza rd.
Itd M!: I'Al_T: if the prniect involv,,s tlio construction of
residonti al units, complete the form on the
next page.
C RRTiP'lr,\TTON: I hereby corti fy that the staLemcnt:s furnished
above and in the attached exhibits present the. <laLn and
inlorrliticn roquired for thi!+ iuiLiil evaluation to Lhc
110s of my ahiI iLy, nn,I UI,It Lhr farts•, !;tat wuvlts, and
In[ or", It inn r If, ;c n t ed ore Lrm, I n•1 c;n•rr•ct to the hest of
my I:n ^'.:1 ^J•1c ;vi9 I' oI io!.. 1 furl lrrr nndpr,tand L III t
additional infnrmition may ba req,Iired to be submitted
before -m n- !,.mite evaulaLion can I:e made by the Uevc lorinant
Review Committees.
Date_ , -r Si of natnr e.
.,4
RESOLUTION i 1. RO -53
A RES11I.101MI OF THE P.ANCpA CUCAMOHG.A PLANNI'IG
COMMISSION RCCOMHUIDING APPROVAL OF 7011E CHANGE
MO. 8020 REQUESTING A CHANGE IN THE 70MIMG FROM
R -R TO R -1 FOR 10 ACRES tOCATED NORTH OF ARROW
HIGHWAY, EAST OF ARCHIBALD AT THE EASTERN
TERMTt1U5 OF CERISE AND PLACER - ASSESSORS N0,
208 - 311 -01.
WHEREAS, on the 26th day of September, 1980, an application
was filed and accepted on the above described project; and
WHEREAS, on the 22nd day of October, 19!10, tIm Rlanninn Coumrission
held a duly advprfisod public hearing pursuant to Section 65854 of the
California Government Code.
SECTION 1: The Rancho Cucamonga Planning Commission has made
the following findings:
That the subject property is suitable for the used permitted
in the proposed zone in terms of access, size, and compatibility
with existing land use in the surrounding area;
2. The proposed zone change would nnt have significant
impact on the environment nor the surrounding properties;
• and
3. that the Otroosed zone change is in conformance with the
General Plan.
9
SECfIOH 2: The P.anrho Cucamonga Planning rnne05<ioo has found
that this p most tiill not n Bate a significant impart no the
nnvironme.nt and recommends issuance of a Negative 0eclnration on October
22, 19817,
!IOW, THEREFORE, HE IT RESOLVED:
Thal . pursuant to Sn,ction 65950 to of the California
Oover'nment Codr, that the Planninq Fonveissfon of the City
of Rancho Cucamonoa hernhy reccn mrds approval on the
7" ,,1 day of Octniter -, 1980, Zone ChannP IIn• FO -20.
ihn 1'1111111 nr1 rnnmri:cinn that the City
(,..until approve and adopt 70're Channe r�o. 89 -70.
3 11 a Cer tificd Copy of this Pn;nI ItiTim art related
^afnr ial her ..h; arinpted by tho Plinnirl Cnamission shall
bq fnrwardnd to the City Council.
117
ORDINANCE NO. 127
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA CALIFORNIA, REZONING ASSESSOR'S
PARCEL NUMBEq 208- 311 -01 FROM R -R TO R -1 LOCATED
ON THE NORTH OF ARROW HIGHWAY AND EAST OF
ARCHIBALD AVENUE.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: The City Council hereby finds and determines
the following:
A. That the Planning Commission of the City
of Rancho Cucamonga, following a public
hearing held in the time and manner
prescribed by law, recommends the rezoning
of the property hereinafter described, and
this City Council has held a public hearing
in the time and manner prescribed by law
as duly heard and considered said recommenda-
tion.
B. That this rezoning is consistent with the
General Plan of the City of Rancho Cucamonga.
C. This rezoning will have no significant
environmental impact as provided in the
Negative Declaration filed herein.
SECTION 2: The following described real property is hereby
rezoned in UW anner stated, and the zoning map is hereby amended
accordingly.
R -R (rural residential) to R -1 (Single family
residential).
Said property is located north of Arrow Highway and east of Archibald
Avenue known as Assessor's Parcel Number 208- 311 -01.
SECTION 3: 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 published in the City tf Ontario, California, and circulated
in the City of Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this day of , 1980.
CY OF RANCI-10 CUCA1VlCh\ \ o G`
IT "r hC
STAFF REPORT��_
• UL -
DATE: November 19, 1980 1977
TO: City Council and City Manager
FROM: Barry K. Hogan, City Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT NO. 80 -03 -
ADULT BUSINESSES - An ordinance estab ishing regulations of the
location and review of adult businesses in tie C -2 general business
district.
ABSTRACT: On October 4, 1978, the City Council passed Ordinance No. 45
establishing interim zoning for adult businesses and declaring the urgency
thereof. Section 4 of the Ordinance specifically states that adult businesses
are prohibited uses in all zones of the City and it further states that "no
permit for an adult business shall hereinafter be issued and no such business
shall hereinafter be established in the City ". Essentially, Ordinance No. 45
put a moratorium on the location of adult businesses within the City. Ordi-
nance No. 45 was in effect for 120 days. Prior to the expiration of that
• Ordinance, Ordinance No. 451 was adopted by the City Council extending Or-
dinance No. 45 to February 1, 1980. Prior to the expiration of Ordinance No.
45A, Ordinance 45B was adopted by the City Council extending Ordinance No. 45
until December 31, 1980, The purpose of the development of Ordinance No. 45
was to allow the City time to prepare an Ordinance to regulate the location
and control of adult businesses within the City. We have completed an Ordi-
nance doing just that. (See attached.)
The Planning Commission unanimously recommended approval tothe City Council
of the attached Ordinance at their October 22, 1980 meeting with some structural
modifications to Section 3 to add clarity.
DISCUSSION: The attached Ordinance allows for the establishment of adult
businesses within the C -2 zone under certain requirements. (See section 3
for those specific requirements). The Ordinance, rather than referring to
any particular type of adult business, defines adult businesses to include
adult bookstore, adult mini motion picture theater, adult motion picture
theater, adult cabaret, massage establishment, sexual novelity stores,
specified anatomical areas, specified sexual activities. This Ordinance is
modeled after the Detroit, Mich. Ordinance which has been tested in the United
States Supreme Court. The City Attorney has reviewed the attached Ordinance
and feels that it meets the needs of the City.
RECOMMENDATION: The Planning Commission recommends that the City Council
F ed Ordinance for the control and regulation of adult business.
BKH:d Attachments: Resolution Initial Study, Part I
119
RESOLUTION NO. 80 -56
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO CUCAMONGA RECOMMENDING TO THE
CITY COUNCIL THE ESTABLISHMENT OF REGULATIONS
FOR THE LOCATION AND REVIEW OF ADULT BUSINESSES
IN THE C -2 GENERAL BUSINESS DISTRICT.
WHEREAS, the City Council of Rancho Cucamonga has indicated
their intent to regulate the location and review of adult businesses
within the City of Rancho Cucamonga. ,
WHEREAS, the City of Rancho Cucamonga has held a duly advertised
public hearing on October 22, 1980, and
WHEREAS, the Planning Commission has considered opinions pro
and con regarding the establishment of an Adult Business Ordinance,
NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION DOES HEREBY RECOMMEND:
SECTION 1: Issuance of a Negative Declaration for Zoning
Ordinance Amendment 80 -03.
SECTION 2: Adoption of the attached Ordinance (marked Exhibit
"A ") for the on and review of adult businesses in the C -2 business
district.
APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER, 1980.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
1, JACK I.AM, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of
the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 22nd day of October, 1980 by the following vote
to -wit:
' �1)
I l
L
_z
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Sceranka, Tolstoy, King, Rempel, Dahl
None
None
1�-1
•
E
•
If
• CITY OF RANCHO CUCAMONGA
INITIAL STUDY
PART I - PROJECT INFORMATION SHEET - To be completed by applicant
Environmental Assessment Review Fee: $90.00
For all projects requiring environmental review, this
form must be completed and submitted to the Development
Review Committee through the department where the
project application is made. Upon receipt of this
application, the Environmental Analysis staff will prepare
Part II of the Initial Study. The Development Review
Committee will meet and take action no later than ten
(10) days before the public meeting at which time the
project is to be heard. The Committee will make one of
three determinations: 1) The project will have no
environmental impact and a Negative Declaration will be
filed, 2) The project will have an environmental impact
and an Environmental Impact Report will be prepared, or'
3) An additional information report should be supplied
• by the applicant giving further information concerning
the proposed project.
1J
PROJECT TITLE: 2001067 DRowAn1C.E AM.srjo,wic-:�r
APPLICANT'S NAME, ADDRESS,
NAME, ADDRESS,
TELEPHONE OF
PERSON TO HE CONTACTED
CONCERNING THIS
'114-IM -ii%1
PROJECT: Pl'>kRR'j
K- i(06AkJ GCrx RLiW,U(tIZ
LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.)
LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND
FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS:
�)d k)F
Z�1
PROJECT DESCRIPTION
•
ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND
PROPOSED BUILDINGS, IF ANY: uc� (,(M(m
DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE
INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES),
ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE
OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY
EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS):
MoiJL�
Is the project, part of a larger project, one of a series
of cumulative actions, which although individually small,
may as a whole have significant environmental impact?
z- z •
WILL THIS PROJECT:
YES NO
• -/-- 1. Create a substantial change in ground
contours?
iC 2. Create a substantial change in existing
T� noise or vibration?
#, 3. Create a substantial change in demand for
municipal services (police, fire, water,
sewage, etc.)?
4. Create changes in the existing zoning or
general plan designations?
5: Remove any existing trees? How many?
Y 6. Create the need for use or disposal of
7'r potentially hazardous materials such as
toxic substances, flammables or explosives?
Explanation of any YES answers above:
IMPORTANT: If the project involves the construction of
residential units, complete the form on the
next page.
CERTIFICATION: 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 evaulation can be made by the Development
Review Committee, /
Date 10-15-90 Signature
Title
I -3 W
ORDINANCE NO. 45 -C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, ESTABLISHING REGULATIONS
FOR THE LOCATION AND REVIEW OF ADULT BUSINESSES
IN THE C -2 (GENERAL BUSINESS) DISTRICT.
The City Council of the City of Rancho Cucamonga, California
does ordain as follows:
SECTION 1: INTENT AND PURPOSE. The intent and purpose of
this Ordinance is to establish parameters for the location and review of
Adult Businesses within the City of Rancho Cucamonga.
SECTION 2: DEFINITIONS. Section 61.022 Definitions of the
San Bernardino County Development Code as adopted by Ordinance 17 by the
City of Rancho Cucamonga shall be amended by adding the following definition
between the definitions of "Accessory Use" and "Advertising Structure ".
ADULT BUSINESS: Any adult bookstore, adult mini - motion
picture theater, adult motion picture theater, adult
cabaret, massage establishment, or sexual novelty store
as defined below:
(a) ADULT BOOKSTORE: An establishment having as a •
substantial or significant portion of its stock in
trade, books, magazines, and other periodicals,
which are distinguished or characterized by their
emphasis on matter depicting, describing, or relating
to "specified sexual activities" or "specified
anatomical areas" (as defined below), or an establishment
with a segment or section devoted to the sale or
display of such material.
(b) ADULT MINI - MOTION PICTURE THEATER: An enclosed
building with a capacity for less than fifty (50)
persons used for presenting material distinguished
or characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities"
or "specified anatomical areas" (as defined below),
for observation by patrons therein.
(c) ADULT MOTION PICTURE THEATER: An enclosed building
with a capacity of fifty (50) or more persons used
for presenting material distinguished or characterized
by an emphasis on matter depicting, describing, or
relating to "specified sexual activities" or "specified
anatomical areas" (as defined below), for observation
by patrons therein.
•
ICK
•
I*
ORDINANCE NO. 45 -C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, ESTABLISHING REGULATIONS
FOR THE LOCATION AND REVIEW OF ADULT BUSINESSES
IN THE C -2 (GENERAL BUSINESS) DISTRICT.
The City Council of the City of Rancho Cucamonga, California
does ordain as follows:
SECTION 1: INTENT AND PURPOSE. The intent and purpose of
this Ordinance is to establish parameters for the location and review of
Adult Businesses within the City of Rancho Cucamonga.
SECTION 2: DEFINITIONS. Section 61.022 Definitions of the
San Bernardino County Development Code as adopted by Ordinance 17 by the
City of Rancho Cucamonga shall be amended by adding the following definition
between the definitions of "Accessary Use" and "Advertising Structure ".
ADULT BUSINESS: Any adult bookstore, adult mini - motion
picture theater, adult motion picture theater, adult
cabaret, massage establishment, or sexual novelty store
as defined below:
(a) ADULT BOOKSTORE: An establishment having as a
substantial or significant portion of its stock in
trade, books, magazines, and other periodicals,
which are distinguished or characterized by their
emphasis on matter depicting, describing, or relating
to "specified sexual activities" or "specified
anatomical areas" (as defined below), or an establishment
with a segment or section devoted to the sale or
display of such material.
(b) ADULT MINI - MOTION PICTURE THEATER: An enclosed
building with a capacity for less than fifty (50)
persons used for presenting material distinguished
or characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities"
or "specified anatomical areas" (as defined below),
for observation by patrons therein.
(c) ADULT MOTION PICTURE THEATER: An enclosed building
with a capacity of fifty (50) or more persons used
for presenting material distinguished or characterized
by an emphasis on matter depicting, describing, or
relating to "specified sexual activities" or "specified
anatomical areas" (as defined below), for observation
by patrons therein.
ICK
V,
Page 2
(d) ADULT CABARETS: A cabaret or similar eating and •
drinking service or other establishment which features
topless dancers, bottomless dancers, go -go dancers,
exotic dancers, strippers, male or female impersonators,
or similar entertainers.
(e) MASSAGE ESTABLISHMENT: An establishment where any
person is engaged in the business of massaging,
rubbing, shaking, kneading or tapping the human
body, or giving turkish, russian, Swedish, or other
baths, or similar procedures. Massage establishments
shall not include licensed chiropractors or other
licensed medical practitioners.
(f) SEXUAL NOVELTY STORE: An establishment having as a
portion of its stock in trade goods which are replicas
of or which simulate "specified anatomical areas"
(as defined below), or goods which are designed to
be placed on "specified anatomical areas" (as defined
below), to cause sexual excitement thereof.
(g) SPECIFIED ANATOMICAL AREAS:
(1) When less than completely and opaquely covered:
human genitals, pubic region, buttock, and
female breasts below a point immediately above
the top of the areola.
(2) Human male genitals in a discernible turgid
state, even if completely and opaquely covered.
(h) SPECIFIED SEXUAL ACTIVITIES:
(1) Human genitals in a state of sexual stimulation
or arousal;
(2) Acts of human masturbation, sexual intercourse,
oral copulation, or sodomy;
(3) Fondling or other erotic touching of human
genitals,.pubic region, buttock, or female
breasts.
SECTION 3: ANA REMENTS. Section 61.0219(a) shall be amended
to add 61.0219(a�9� es follows:
(a) ADULT BUSINESSES: The following minimum limitations
shall apply for any adult business in the C-2 General
Business district and only said district.
C�
/A�
Ordinance No.
Page 3
• (1) No such business shall be located within 1,000
feet of an existing or proposed college or
university, a public or private educational
facility, a church, at public park or recreation
facility, or any other public or semi- public
use or facility used on a regular basis by
persons other than adults in accordance with
General or Specific Plans of the City.
(2) No such business shall be located within 1,000
feet of any other adult business, or fronting
upon any special boulevard or arterial and
visible therefrom.
(3) No such business shall be located within 1,000
feet of property in any residential zone, or
within 1,000 feet of any group of 5 or more
dwellings in any other zone.
(4) Approval of a Location and Development Plan or a
Conditional Use Permit.
SECTION 4: The Mayor shall sign this Ordinance and the City
Clerk shall attest to the same, 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 published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
PASSED, APPROVED, and ADOPTED this day of , 1980.
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
•
Phillip D. Schlosser, Mayor
I� /
•
0
STAFF REPORT
DATE: November 19, 1890
TO: Members of the City Council and City Manager
FROM: Barry K. Hogan, City Planner
SUBJECT: COUNTY GENERAL PLAN AMENDMENT FOR LEWIS HOMES AND THE SPHERE -
AREA OF THE CITY OF RANCHO CUCAMONGA
ABSTRACT: As you are aware from previous memorandums, Lewis Homes is pro-
posing a 450 acre development within the sphere of the City of Rancho Cucamonga
located northerly of the extension of Etiwanda Avenue in the foothills area.
We have reviewed the EIR required by the County at the urging of the City of
Rancho Cucamonga and found the EIR to be inadequate. The County Environmental
Review Board at its last meeting declared the EIR adequate and ready for
Planning Commission review. This City appealed the decision of the Environ-
mental Review Board to the Board of Supervisors. The Board of Supervisors met
on Monday, November 10, 1980 to hear the City's appeal. Prior to the Board
hearing the City's appeal, the City Planner and the Senior Planner met with
Ralph Lewis of Lewis Homes, Ron Nottingham, project engineer, and Lewis Homes
staff Attorney. The purpose of the meeting was to see if a resolution of the
City's concerns could be met so that the City may withdraw the appeal. No
resolution was achieved.
The Board of Supervisors heard testimony by the City which indicated that a
decision on the General Plan for the foothills area based upon the environ-
mental information presented would be inappropriate since there was no
detailed seismic study done for the project. The significance of the land of
a seismic study is paramount when given the fact that almost 90% of the project
lies within the Alquist- Priolo Study area. We indicated to the Board that we
felt it would be unfair to lead an applicant on to believe that he could obtain
density at 1 unit per acre on the General Plan should they entertain approval
of their request, when currenity the General Plan allows 1 unit per 40 acres.
Also present at the meeting was a representative from the Chaffey College,
Biology Department discussing the inadequacy of the Biota section of the
report. After a short discussion by the Board there was a motion made by
Supervisor McElwain to deny the appeal thus, sustaining the adequacy of the
Environmental Impact Report.
It should be noted, however, that the discussion by the Board of Supervisors
indicated their concern with the seismicity in the area and the possibility
of unbuildable sites. However, it was also noted that the County allows
density transfer, i.e. moving what units might have bene able to have been
located on portions declared unbuildable to portions that are buildable.
At the time of writing of this Staff Report, the Planning Staff is currently
conveying to the Planning Commission of San Bernardino County that this pro-
ject should be a master planned development and part of the foothills community
plan. We anticipate that the County Planning Commission will recommend approval
/r�U
City Council Staff Report
Lewis project
Page 2
of the General Plan amendment and forward it to the Board of Supervisors. •
The Board of Supervisors have scheduled Monday, November 17, 1980 as the
date on which they will receive the Planning Commission recommendation
regarding the Lewis General Plan Amendment. We plan to be in attendance
at that meeting to voice similar concerns expressed at the Planning Com-
mission meeting. However, we feel that the Board of Sueprvisors will
approve the General Plan Amendment and certify the Environmental Impact
Report at that time.
The City Council has two courses of action available regarding this situation.
One would be to do nothing and let the decision of the Board of Sueprvisors
stand. The second action would be to file suit against the County 30 days
after the filing of the notice of determination by the County. Because this
is such a sensitive area and has potential of creating precedent for the
County and the City in our sphere of influence and lies immediately north of
the Etiwanda community and a potential to have substantial input on that area,
we would suggest that the City consider filing suit against the County for
the certification of an Environmental Impact Report that is inadequate.
Re ectfull4tsuo0itted,
BARRY K..HOGAN
ty Planner
BKH:cd
l��
I
w
Cll'Y 01: RANCHO CUCAiNIONGA
MEMORANDUM
r1
DATE: November 19, 1980
TO: Members of the City Council
FROM: Jack Lam, Director of Public Works
SUBJECT: Executive Summary - Draft General Plan
As Council is aware, the Draft General Plan has been completed by the
consulting firm of Sedway /Cooke and an Executive Summary of the document
will be prepared for distribution within the Community. A total of 18,000
copies of this summary will be printed for dissemination within Rancho
Cucamonga.
In order for every household to receive a copy of the synopsis General
Plan, an appropriation of $6,000 to cover the cost of mailing list,
distribution cost, and printing is necessary,
It is recommended that the City Council approve this appropriation request
for distribution of the Draft General Plan Executive Summary and direct
the Finance Director to make the appropriate fund adjustments.
Resplectfujly submitted,
J Cw( Ll luk
JACK LAM, Director of
Community Development
JL:jk
00
CITY OF RANCHO CUJC1M01CA �oc�'cnwn� i
STAFF REPORT
F
DATE: November 19, 1980 U
1977
TO: City Council and City Manager
FROM: Lloyd E. Hubbs, City Engineer
SUBJECT: Flood Control Benefit Assessment Program
As the Council is aware, a meeting of the Zone 1 Advisory Commission
was held on November 6 to disucss the proposed Flood Control Benefit
Assessment Program. Councilman Bridge and myself attended this
meeting to represent the City. The purpose of this meeting was to
review the Flood Control District's proposed program at an assess-
ment of $32 per Benefit Assessment Unit (BAU). The program will
be taken to the voters in the spring of 1981.
At this meeting a counter proposal of approximately $80 per BAD was
proposed by the group of City Engineers. The $80 assessment was to
be a fixed fee for a 30 year period and the $32 assessment was
to be indexed for inflation over a 20 year period. It was generally
agreed that as low an assessment as possible should be established
initially with adjustments to occur as required in the future.
Each agency was requested to present a $48 assessment over 20 years
to its council with the resulting city program. From this, councils
were to develop a recommended fee to present to the Zone Advisory
Board for its consideration.
In this report, I wish to briefly explain how the assessment would
work and how the program would relate to our City. Four alternative
fees are presented for your consideration with a recommendation.
ENABLING LEGISLATION
The proposed Benefit Assessment will be enacted under the provisions
of Assembly Bill 549 (Frazee). This bill was approved July 16, 1979
in the wake of Proposition 13 to assist in Flood Control District
funding (see attached copy) . The legislation allows Flood Control
Districts to establish an assessment through Board Action but must
be approved by the electorate within one year of the initial assess-
ment. In August of this year the Board of Supervisors approved the
first year assessment in Zone 1 of $12.50 per Benefit Assessment
Unit (BAU). This assessment was based on current cash needs for
District operation. The program under consideration would continue
this levy at increased levels for capital construction.
1,31
STAFF REPORT
Flood Control Benefit Assessment Program
November 19, 1980
Page 2
BENEFIT ASSESSMENT UNIT (BAU)
AS 549 provides that the levy "may be determined on the basis of the
Proportionate storm water runoff from each parcel ". Based on this
philosophy, the Flood Control District divided lands within the
District into the five categories shown on Table I.
III Residential, Up to 4 Units 0.30 5.88
IV Residential, 5 or More Units, 0.70 13.73
Stores, Office Buildings,
Mobile Home Parks, Etc.
V Light and-Heavy Manufacturing 0.9000 17.65
Warehousing, Storage, Shopping
Centers, Airports, Etc.
Each of these land categories have been assigned a runoff factor.
This factor has then been expressed in terms of equivalent 7200
sq. ft. residential homes. The 7200 sq.ft. home representing the
basic assessment unit or BAU. The number of BAU's per acre of land
use type are listed in TABLE I.
TABLE II shows the per acre fee by land use categories at four levels
of assessment. Table III gives the current summary of land use groups
in Rancho Cucamonga.
/30Z
I
L
•
TABLE I
Assessment
Benefit
Group Code
Land Use Categories
Land Use
Runoff Factor
Assessment
Units /Acre
I
Vacant Unimproved Land
0.05
0.98
IL
Farm Land, Golf Courses,
0.10
1.96
Utilities, Cemeteries, Etc.
III Residential, Up to 4 Units 0.30 5.88
IV Residential, 5 or More Units, 0.70 13.73
Stores, Office Buildings,
Mobile Home Parks, Etc.
V Light and-Heavy Manufacturing 0.9000 17.65
Warehousing, Storage, Shopping
Centers, Airports, Etc.
Each of these land categories have been assigned a runoff factor.
This factor has then been expressed in terms of equivalent 7200
sq. ft. residential homes. The 7200 sq.ft. home representing the
basic assessment unit or BAU. The number of BAU's per acre of land
use type are listed in TABLE I.
TABLE II shows the per acre fee by land use categories at four levels
of assessment. Table III gives the current summary of land use groups
in Rancho Cucamonga.
/30Z
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•
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A
Flood Control Benefit Assessment Program
November 19, 1980
Page 3
TABLE II
ACREAGE ASSESSMENT PER
BENEFIT ASSESSMENT UNIT
assessment
Group Code
$16 /BAU
$32 /BAU
$40 /BAU
$48 /BAU
I
15.68
31.36
39.20
47.04
II
31.37
62.74
78.40
94.11
III
94.11
188.22
235.20
282.33
IV
219.61
439.22
549.20
658.83
V
282.35
564.70
706.00
847.05
As shown in TABLE III, Rancho Cucamonga currently has 58,605.9
assessment units. These units would generate annual revenues and
20 year fixed revenues shown in TABLE IV
TABLE IV
BAD TOTAL 1 YEAR 20 YEAR *LOCAL
ASSESSMENT UNITS TOTAL TOTAL SHARE
$16
58,605.9
$ 937,694
$18,753,880
0
$32
58,605.9
51,875,389
$37,507,760
$18,753,880
$40
58,605.9
$2,344,236
$46,884,720
$28,130,840
48
56 605.9
2 813 8
$56.261.640
$37,507,760
*The District has established a basic assessment of $16 per BAD for the
Regional Program. Funds remaining will go to local agencies for storm
drain needs
133
)luau -
SA:: DF : AKD1::U CUU::i' iL00D CO'afd)L D[SiFICT
Benefit Assessment Program
City of Rancho Cucamonga •
•
Prrpared by: J. 1), Sainte -Clai
Checked by: S. K. Vyas
�� Date: 10/13/80
Land Use
Assessment
Land Use Cateeories Runoff Factor
Grout, Code
Vacant, unimproved, dry farmed
grazing, row cross, field crops,
citrus, vines, deciduous bees
and worms
L..r e.�l• 1
I,m]
u.nr
u,w.l
1 Iz el
1 la.mr Ye
1 u,m
. u5,lw la
n
n
m
.u.l
ub
.AIw
um
Lmm
institutional, office, mobile -
home, trailer park
0.70
IV
Commercial, industrial, airports,
warehousing
0.900
V
t
YI
1.110
I�.n l
Il.b
4l.fOt 15
Il.w
110,11. AE
•
Prrpared by: J. 1), Sainte -Clai
Checked by: S. K. Vyas
�� Date: 10/13/80
Land Use
Assessment
Land Use Cateeories Runoff Factor
Grout, Code
Vacant, unimproved, dry farmed
grazing, row cross, field crops,
citrus, vines, deciduous bees
and worms
0.05
1
Golf courses, utilities, cemeteries,
rock and gravel, mining, oil and gas,
water wells, poultry, dairy, livestock
0.10
11
Residential (4 units or less)
0.30
11I '
Residential (5 units or more),
institutional, office, mobile -
home, trailer park
0.70
IV
Commercial, industrial, airports,
warehousing
0.900
V
•
Prrpared by: J. 1), Sainte -Clai
Checked by: S. K. Vyas
�� Date: 10/13/80
6
STAFF REPORT
Flood Control Benefit Assessment Program
November 19, 1980
Page 4
The Council is aware that the City Storm Drain Plan is currently
being updated and revised. The alternative revisions will be
submitted to the Storm Drain Committee at this December 4, 1.980
meeting. Based on these plans and plans submitted for Terra Vista
and Victoria, the toal City Storm Drain need is approximately
$82 million. The needs by area are as follows:
• West of Haven Avenue $47,000,000
• East of Deer Creek south of $13,000,000
Foothill Blvd.
• Terra Vista $ 6,000,000
• Victoria $10,000,000
• Remainder of Etiwanda $ 6,000,000
Total $82,000,000
The area west of Haven being the primary area of concern in terms
of current problems and hazards. The assessment required to solve
this area problem would be approximately $56.00. To complete the
City would require an assessment of $87.00. These assessments
IS could be reduced as growth occurs increasing the number of BAU's.
Assuming 58 growth per year the assessments could be reduced by
15 to 20 %, if indexed for inflation.
The staff has identified the primary needs of $20,000,000 to solve
severe drainage problems on the following streets:
Beryl Avenue & Hellman Avenue north of Base Line.
Turner Avenue.
Hellman Avenue below Foothill Boulevard.
Haven Avenue above Foothill Boulevard.
Sapphire Street above 19th Street.
Archiblad Avenue above 4th Street.
From this analysis it would appear that a minimum assessment
to begin to solve the existing problems would be $32.00 with in
excess of $80.00 to solve all future needs. With a fee on the
lower end the City will be required to continue with its storm
drain fee program at a revised level with primary dependence on
this method for the undeveloped half of the City.
REGIONAL CONCERNS
In recommending an assessment the Council must be cognizant of the
fact that the Benefit Assessment Program will be a Countywide
program as well as a zone wide. The assessment must, therefore,
be compatible with the needs of west end Zone 1 cities as well as
other zone assessments. Fontana being half in Zone 1 and half
in Zone 2 will provide a graphic contrast. Zone 2 has established
135
STAFF REPORT
Flood Control
Benefit Assessment
Program
November 19,
1980
Page 5
an assessment
at $36.00 per BAU.
It would appear that an assess-
ment at much
in excess of $48.00
would create surplus funds in
other cities
within Zone 1.
ASSESSMENT RECOMMENDATION
Based on an analysis of the regional context the Zone needs and
the ability to approve the assessment it would be Staff's
recommendation that the assessment be kept as low as possible
consistent with primary needs. An assessment of $40.00 per BAD
is recommended with a maximum not to exceed $48.00 initially. In
order for the assessment to maintain the value, it should be
indexed for inflation.
In order to allow flexibility in response to other City valuations
the Council should direct its Zone 1 respresentative to approve a
fee in the range of $40.00 to $50.00.
IMPLEMENTATION
Analysis of the BAP program has resulted in several conditions
that the staff would like to see included in the adopted program.
These conditions are included in the attached Resolution and are
as follows:
1. That assessments for the collector system within
Zone 1 shall be returned to projects within the
City of Rancho Cucamonga proportionate to the City's
contribution for the collector system.
2. That the City of Rancho Cucamonga shall determine the
priority of collector system construction within its
jurisdiction.
3. That San Bernardino County Flood Control District
where feasible and desirable will allow the City to
administer design and construction contacts for the
collector system.
4. That San Bernardino County Flood Control District develop,
within the law, a system for assessment credit for future
programmed drains installed through alternative funding
mechanisms.
5. That San Bernardino County Flood Control District shall
pursue bonding to accelerate the construction of the
Flood Control Program. •
136
s
STAFF REPORT
Flood Control Benefit Assessment Program
November 19, 1980
Page 6
BAP ASSESSMENT
In reviewing BAP it should be understood that the program is
a Flood Control District program, the initial assessment has
already been committed under the existing program. At this
point the City only has the option of recommending an increase
of the assessment to generate funds for local needs and influence
the means and distribution of those funds.
The major advantages and disadvantages of the program are listed
below.
Advantages
o The program will construct major regional drains in
Rancho Cucamonga, i.e., Day Creek, Etiwanda Creek.
o The program can be approved through a simple majority
vote throughout the Zone.
o Significant funds can be generated for collector storm
drains.
• o Countywide campaign will make promotion of assessment
more viable.
9
Disadvantages
• Vacant and industrial land assessments are high and
will discourage responsible development if no credit
system is developed.
• High assessments may invite legal challenge.
• Relatively little local control is available on a Zone
wide assessment.
• Failure of the program may jeopardize future initiatives.
• Approval of a Regional plan may preclude City program
from being approved.
• Program acceptable to all agencies will be difficult
to achieve and therefore complete support for the
measure difficult.
13-?
STAFF REPORT
Flood Control Benefit Assessment Program
November 19, 1980
Page 7
COUNCIL OPTIONS:
1. Support the program as outlined in the attached draft resolu-
tion at $40.00 per BAU.
2. Reject the program and recommend Board of Supervisors
restructure with more input from local agencies.
3. Approve program for regional program with assessment at $16.00
per BAU. City would develop its own program for collector
drains.
4. Adopt program at level other than $40.00 either higher or
lower.
It is recommended that Council adopt option number 1, approving
the attached Resolution as to form with $40.00 per BAU.
Respectfully submitted,
LBH:jaa
Attachments
/31'
E
•
•
RESOLUTION NO. 10 7
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, SUPPORTING "BENEFIT ASSEMENT PROGRAM FOR FLOOD CONTROL
IN SAN BERNARDINO COUNTY"
WHEREAS, AB 549 (Frazee) was approved by California State Legislature
in 1979 and signed by the Governor of California into law on duly 16, 1979; and,
WHEREAS, addition of Chapter 10 (commencing with Section 60500),
Division 2, Title 6, California Government Code to the Statutes by AB 549 gives
authority to the Flood Control District's Board of Supervisors to levy an assess-
ment on each parcel of real property within the District or any zone thereof,
to cover the cost of flood control services not otherwise offset by other avail-
able revenues; and,
WHEREAS, pursuant to the above, the Board of Supervisors of San Bernar-
dino County acting as ex- officio Board of Supervisors of the San Bernardino
County Flood Control District adopted and passed Ordinance No. 2460 for the
establishment and levy of benefit assessment to pay for the cost of providing
flood control services in all six zones of the District; and,
WHEREAS, the City of Rancho Cucamonga is included within Zone 1 of the
San Bernardino County Flood Control District; and,
•WHEREAS, individual property owners within the District will be assessed
by the Flood Control District for the purpose of constructing and maintaining
regional channels and collector system for the control and conservation of storm
and flood waters; and,
WHEREAS, The City Council recognizes that construction and /or upgrading
of regional channels and collector systems by the Flood Control District will
contribute to the protection of life, property and the wellbeing of all citizens
of this City during future floods; and,
WHEREAS, the City Council recognizes that it is in the best interest
of City's residents that the Flood Control District continue to maintain existing
facilities to provide flood protection which will;
Result in reduction of health and safety hazards;
Help in preventing impassable or washed out roads;
Avoid disruption of utility services due to broken sewer, water,
gas, electric or telephone lines;
Allow emergency service to be provided to residents; such as,
ambulance, doctor, fire department crews, etc;
Allow the residents to continue their daily routine; such as
going to work, school, church, etc.; and,
WHEREAS, the District will provide for the planning, design and construc-
tion of regional channel throughout the zone(s); and,
WHEREAS, the District will also provide for the planning, design and
construction of the secondary systems within the City of Rancho Cucamonga; and,
/3'�
WHEREAS, representatives of the San Bernardino County Flood Control
District and City of Rancho Cucamonga Engineering Division have met to review
the City of Rancho Cucamonga needs as to collector system drains and have agreed •
on a mutual program containing the following:
1. That assessments for the collector system within Zone 1 shall
be returned to projects within the City of Rancho Cucamonga
approximately proportionate to the City's contribution for the
collector system.
2. That the City of Rancho Cucamonga shall determine the priority
of collector system construction within its jurisdiction.
3. That San Bernardino County Flood Control District where feasible
and desirable will allow the City to administer design and
construction contacts for the collector system.
4. That San Bernardino County Flood Control District develop, within
the law, a system for assessment credit for future programmed
drains installed through alternative funding mechanisms.
5. That San Bernardino County Flood Control District shall pursue
bonding to acpelera/tIe the construct ?on,.of the Flood Control 1rogra .
�/,' .t��L!..l::lC.:. tnll,J.t l;�`- tn.U....h, UI, i, ':.t— ..-� �L,l:. - [,�i.LT
WHEREAS, the Bo�rd of SuAi4isors will be setting ♦'orth an initiative
for the Benefit Assessment Program on a County -wide election in Spring, 1981;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES •
HEREBY RESOLVE AS FOLLOWS:
SECTION 1: That the City Council of the City of Rancho Cucamonga
support the Flood Control District Benefit Assessment Program and urge the
voters of the City of Rancho Cucamonga to support the program in the election
to be held in the spring of 1981;
SECTION 2: That the proposed collector system to be constructed in the
City of Rancho Cucamonga by Benefit Assessment Program funds, be reviewed annually
by the City Council and the Flood Control District for the purpose of adjusting
the projects where necessary.
SECTION 3: That the rate assessment per basic assessment unit be
established at initially and be annually recommended for review
and adjustment if necessary, per the recommendation of the Flood Control District
and Zone Advisory Committee of Zane 1, giving consideration to an inflationary
factor consistent with the Engineering News Record cost index increase each year.
PASSED, APPROVED AND ADOPTED THIS DAY OF 1980.
AYES:
NOES:
ABSENT:
•
Phillip D. Schlosser, Mayor
ATTEST:
�/v
GOVERNMENT C(- § 60402
uule In Ilia s.tii.0 alto!! M1r• ry nHrlud In I. na1, Ill. : of Ihr IdY Unlorr...
it :li of r nLhc ina
t L '.'f V`n11a I Ivnvrnlrnl ur :Ifihl}:\
rd.v n•,rndrvl \IAl <.1!N17
f u:I V. Ih" t96r Am r. ]Li P. 19ry1.011 •..
of L' Iv au° ennm np .<ut1s:u nivd r A•.
IIa• r :itl1 ^r Ihn ,.rod untruly 4arnprt l:; xr �I� dot:.' atnla l:nn�t It ,u,for n<quml::nn, c:n
+[ or other iiI T ra CHAPTER 10. FLOOD CONTROL DISTRICT BENEFIT
nt b•na :�: fflrn•,II ASSESSMENTS [NEWS
Sec.
N yIx1 IIi <1 r19. '
wool. .Ar1O „rny nr !I .nn nn hill! r: ........ rrl l:,.nr'flr:
rla I.11 frd I 1n 1. <r It b, IIr I,I,nl utam v.
nru. I'
M1r1rr. «'rtlt „11 rr
It IT, ln¢: mI,I I. In I,, irn llun; Lmtr.r.: rintr If:, Iitlrvm
eoiltf l iru �d :r.,r•am,nl: Iraq :u:d r "ID.,. j ;I
G-11-14. ❑utlnoel I c l I
+111.. I(.r I IT If I
1114.1:. K) .a mn. :ntl h�rrry' n�4 "y r,.- rmr'IT- nif,,It,
r'brya•r !u ..:x nrL6A Ir, non. 1 " ", 1d1, p. — ± r,�. r
1 60400. O,,tri Ft
Va I'M ru !If, .11 Pt 1. "ri:.M1 a'1° nlru1. o,p IT If rI.;r.1:I rI1.Rirt ur nu, rmuu
I.Tiallrr. , 6,r I,vl n:nwi Llnl lu r Lqd ",- 1:, ,•il:¢ MIT 1ar1lull ]9.711
I ,r
of P.::1 Y 'd ill" ", I; rrf tlm I%',r bar I'��d I ,I... Imrn'I r tih ....... I
rrnrirr Ikv prII ,,dl ,I, ,d Ihi. r!'.,,,f, ur 1,11 ..r Lr haw L•��:��I ni iw lllwhalf u
11
:ul .p.tll .I.Ir II I r1 I :el IIII,I I Id, wuhur. ILr I.II r1I t. v1) ....... th I t Ir,
:,nil Lrl r:I ul,hn.II�S�,irnr dmrvl' I �: 1> n:l lard I':I Vr.un nr ll'pnpo :1!1 �4 I!.r
.r 1. 71
LAd'h•d 6} 11111.11 -79, r. 261, I' —. 6 1: u._ D t. rff .Pi } li. I:IL.:
4 60401. Authority fo levy assessm en l: ordinance or resolulton; celimaled bem
OR: no a„e„menl on fed,ral, ataln nr local agency
Iu .I �, 1 nr L•, �d Inlnn. r. uJ ,A.. ,e,t f,r ���I
rid'a1 fn:c .in ,.r �.•r ann.r..:n r,,,
r'nm rJ ,.,rl,....... the L:,.ii, r ..
Ivr It 1 1 . r1;1 '�9n: f n lLr: r.l I�;an•I II: Ir a�I ...J r,
rut h P'u +d u! rr.il Inan,.•rt >' ,II '1 II'a,i.vL IT I , ,� 1.sr.!
m ❑u
Lrurhl .liI'ir,d Pr i.a � �n, nn1 nlilr "a1:v' ef( -nl
Lr 11a., ,old! ..f : al _ ❑.. .I r.. a ^,In i tl',r ..,
, a I
t Ili II f I il.l tl I , , I ! b.I T.. r 1 It m
ri I . f h l drr L. .1 , , I :I .
la.:1•., 1. rd L.. „Pr II111 11 iw
qu i -.9
•ft I _ ., r:`r I'. ly I..Ir;P1
fi 60102. Writlen rr09rt: hearing: notice; pI1I1110.r11nn: prolectI: delerminatinn
VA'I...a n r •I,r h:,n. . I ...� , . a , , 1 .., . nn
,Ir
q•n ..,i 'rfIIa Ihn t, nuc Ifa v.
f.il .i rlxl ll. :t �d tlu - l�.
u •h 'In• fP,o�. 1, II 1 111. Pngnl and 11 rr.
I d ..f Ila• " ..f I! .�nuv 1 11 lit ❑a, mat
n, i n
iy -.a Ii..l .oJ LIB "I I�rh iLr -Lt;i 7,! ..- --
` ..r i..�,.k al Inu
'I'hi .:.rk ,L ul h, rt:ur, ILIy, dud P'ar.. Ln' n In..trion 'q, III. r....:rl
^PP
i rex r , .,, i:.:r.i, I• ', I„ na � I:d,: a1:,�, n,n 1, ... •IaJI L,. L... L
A,len\k< I • . Indirale delellon, by amendment
65
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FI
v
§ 60402 GOVERNMENT CODE
At the hearing, the board of aapervinre .hall bear and consider all protests. At
the conclusion of the beetles, the board of supeninre may adopt, rerlie, change,
reduce, or modify any aaseaensent and shell make Its determination mou each aa-
eemment described In the report and thereafter, by renlotloa, shall coathen We a-
eeasments. A copy of the resolution of confirmation shall be certified by the clerk
Or the based of supervisory and @bail be recorded with the offles, of the county re-
corder o[ the county In which the reel property is situated.
I—am by statAIM, c. Sal, p, f 1.5, urgency. eft. July 17, IM. Amended by
80sts.11111B, c. Ilse, P —.11, urgency, elf. Se d.30, 1879.)
1 60103. Liu of sensational; levy ad collacp•a
Upon retardation of the confirmed .amassment pursuant to Sectlon I)DIRM, such u
armament shell be s lien upon the real Veracity affm thereby and %ball he levied
ad collected at the same time sad to the eame manner m the gwand! tax levy far
county purpowa
(Added by SNIMI979, c.•Z01, I. 1 15, nrgeney, eff. July IT, IM. Amended by
Stets.19M. a 1188, p. — ,11.2, urgency, eff. SML 30, 1070.)
1 60101. Rollr..d rlght<f -way
Whenever a railroad rightof -way la Included within the diahtcL the railroad
light-Of wey shall the sesnsed only If, and to the extent that, it is found that it
will be benefited, and the railroad right-of-way shall he subject to the "me penal -
tin, and the name pwtedure and sale, in the event of dellnquency a% are other
Pamela In the district In determining whether or not the rallroed rightof -way
benefits, its use as a righto6wey for a railroad shall be presumed to be, permanent
(Added by St.m.1070, c. MI. p. —,11.5, urgency, eff. July 17, IMR)
1 60105. EstlmvL of cast of urvims; levy
heard The of anpervlsom may thereafter. In each year, prior to the time of fix.
Ing the county tax rate estimate the wet of providing flood central services
within the district, or any son@ thereof, during the ensuing year The board of
supervisors may, In addition to all other taxes, levy for purposes of providing
flood central eeraicen an assessment each year upon the real property in the
district, or any rued !hereof, sufficient to pay such expense.
(Added by inare.1070, c. MI, P —, 1 1.5, urgency. eff, July 17, 1079.)
1 60106. Elaethm; authority to levy assessments; majority veto
(a) The hoard of nuperviners shall Plate before the voter, of the district or vane,
either before the initial aMlanee takes effect or within one year thereafter,
the question whether the district shalt be authorlsed to levy sawsmeenta.
If the majority of those voting disnpprnve of each authority, no absegnent
nrdlnanre Ievying %,awsmentn for any sa wMtag fiscal year shall he adopted
by the board of nupervissm without the prior approval of the enters of the district
or race.
Snbaequent election or Al, Loon to secure each approve] shall not be held more
than once a year.
(b) The approval of the voters may he weared at a district or tanntywlde else.
tlon, or by a ballot ..Ilea to each properly owner or rvgistcrrd voter of the
district or zone, an the caw mey be.
(c) The prmia.vltion In approved It n majority of thong voting approve the p.po
.Itlun
(d) In the can at noes! control districts h,ving wantywide jurisdiction, but gov.
erned by an Independent board of directors, the functions of the board of super.
visors as specified In this chapter may be performed by such board of djamme,
(Added by 6tstalWO, c. 201, IL —. 1 1.5, urMey, eff, July IT, 1070.)
1Z/�_
COM
Ch
1 611023.
Alboaboard
rd •
The petition for 0
Whom , that Me be,
into the board of dir
petition shall state .
or that the [
whim will f
In the even I
directors, the prodsl
Pert 3 of this divislo
reen
<nwith Sectiol
to elections an i stric
After a district Is
It any time to provi
wmmenced by the n:
five, which the separ
Iles In more than on
supervisors of each o
a a petition to forn
of supervinm to who
petition ..Piin wl
euffleleacy of the pe
upon determining the
an election in the d
territory of the distr .
who shall serve an 1
than TS days nor in
Notice of the cleobor
tain a statement the
elected at that elwth
district lies In more
petitioning and prow
the district he.. Th
of the district within
shall Indicate that pc
Upon the election
the provision. of tbl
recto. are aVpiicabb
(A. amended II
Election to <
I+watuyun cam w
9
9
CITY OF RANCHO CUCAMONGA
MEMORANDUM
DATE: November 19, 1980
TO: Members of the City Council and City Manager
FROM: Jack Lam, Director of Community Development
SUBJECT: REST FOR ADDITIONAL FUNDS FOR PLANNING AIDE AND PART -
TIME CLERK TYPIST FOR PLANNING DIVISION
ABSTRACT: As the Council is aware, the Planning Division is working on
many tasks. The Planning Work Schedule has been transmitted to you in-
dicating a variety of projects which the Division is currently working on
and proposes to work on in the year to come. The Planning work schedule,
excluding Growth Management, is more than enough work for the Planning
Division. with the large amount of tracts submitted under the Growth
Management process in August, the expectation of another large submittal
in December, and the review process for the General Plan and preparation
of new projects after the completion of the General Plan, we request that
our alloted part -time Planning Aide be expanded and that part -time clerical
assistance be added to help with the additional work generated by the pro-
jects above- referenced. Additional staffing will be the subject of budget
discussion in 1981, however, we need immediate assistance. The cost for
the Planning Aide is $8000 which includes fringe benefits and overhead costs.
The cost for a part -time Clerk Typist is $5,500 " "s
a.Mcl> ^ ^� *•. The total amount necessary for this request is $13,500.
Since the Engineering Division has not hired one Associate Civil Engineer
and one Assistant Civil engineer, there has been a salary savings over the
last few months equal to, if not exceeding, the amount necessary for the
above - referenced request.
RECOMMENDATION: It is recommended that the City Council direct the Finance
Director to make a budget transfer from the salary savings in the Engineering
Division budget to the Planning Division budget.
Respectfully submitted,
JACK, LAM, Director of
Community Development
JL:jk
iLf3
CITY OF RANCHO CUCAMONGA
MEMORANDUM
Novemher 14, 17Sb
TO: Mayor Phillip D. Schlosser
rROMr Lauren M. Wasserman, City Manager,%
SUBJEC17 l+eiuse (ollertion Service
This let[er, ..parate from the staff report, but is in response to your
letter dated October 22, 1980. I thi0k in principle I agree with you on
all of the points you have raised x ;t% on, exception. Unfortunately,
those who work in the refuse industry simply do not possess the same
level of honesty and integrety chat have helped you become a successful
businessman. I really do not feel we can offer a refuse rntlection on
an informal agreement basis. We need to have controls over the companies
and unfortunately we need to have some regulation to provide a basis for
taking care of the problems that very few of our citizens seem to generate.
As I've indicated to you many times, most governmental regulations are
enacted because of the abuse by a relatively few number of citizens.
Unfortunately, there is simply not a better way to deal with the problem.
The staff recommendation we have prepared offers many concessions to the
citizens and also retains what I feel is an essential amount of control
over the refuse operators. Thelimitation to specific territories makes
sense to me from a managerial standpoint; however, the City Council may
wish to deal with the free enterprise issue by eliminating territories
and permitting citizens to choose one of the two refuse disposal companies.
The latter proposal is not included in my staff report but it does provide
you with an option to take a step towards eliminating the monopoly question
as an issue. Naturally, I am confident that the refuse companies would
much rather know what their territory is in advance, rather than having
an open door policy.
In summary I appreciated receiving a copy of the memo from you. I think
that the staff recommendation combined with any other actions the City
Council may wish to approve will greatly diffuse the issue. To me the key
issues are whether collections are mandatory and what the rates shall be.
Everything else i, relatively unimportant to most citizens. If you can
resolve those two issues, I think that most of the people who appear at
our public hearing will be somewhat satisfied, As you can see from the
complexity of the issue, there is no way to "win" for either the City
Council, the refuse operators or the citizens.
LMN /vz
CC/ City Council
J. ,
CITY OF RANCHO CUCAMONGA
MEMORANDUM
DATE: November 19, 1980
TO: City Council
FROM: Barry K. Hogan, City P1 nn€ ,
BY: Steve McCutchan, Associa a Planner
SUBJECT: UPDATE REGARDING LEWIS HOMES GENERAL PLAN AMENDMENT.
The Lewis Homes General Plan Amendment located northeast of the City in
our sphere of influence was approved by the County Board of Supervisors
on November 18, 1980. City Staff presented the City's concerns with the
application at that meeting. At the Planning Commission for the General
Plan Amendment, Staff requested, that if the application was to be approved,
a specific plan should be required sensitive to environmental constraints.
The Planning Commission chose not to accept the City's recommendation and
after much debate and three failed motions approved the application. What
Staff would like to bring to your attention in particular are the findings
made in both the approval of the application and the certification of the
FIR. One of the findings for approval and the certification of the EIR
are based upon the provision of "affordable housing ". Staff is of the
opinion that a potential one acre tract in an area that will require costly
public improvement extensions cannot provide anything that might be
considered remotely affordable. A copy of the Planning Commission minutes
is attached for your information.
At the Board of Supervisors meeting on November 18, 1980, City Staff
reiterated its recommendation for a specific plan and further stated that
those findings which bases the approval of the General plan Amendment
on the provision of affordable housing are inappropriate in light of
current economic realities.
BKH:SM:kp
SUUJtUI 1U (,L .,.I IVIV ,
N4
ITEM AND APPROVAL P C. Hearing: 11/13/80
Applicant: Lewis Construction Co., Inc. Index: GPA/79- 0117/W120 -44
Location: approx 24th CanylonsWest, N/o RANCHO CUCA O a point
NGA —
Proposal: General Plan Amendment RCN to RES -1 on 453 acres & EIR
Staff presentation, analysis and findings made by Staff Planner Clarissa Eid. She
discusses the issues considered by staff to be germane to the proposed amendment:
land use, environmental review, circulation, health and safety, utilities and services,
and other issues such as the Forest Service, Rancho Cucamonga sphere of influence,
and the Foothill Area Community Plan.
Staff states that the current Rural Conservation designation allows the maximum number
of houses on a 40 -acre maximum parcel size would be 11; the proposed change to RES -1
would allow a possible total of 453 dwelling units, requiring the full range of urban
public services. She notes that adjacent property to the north, south, east and west
is designated Rural Conservation. Land use on the site and in adjacent areas is vacant,
undeveloped open space except for the Day Canyon Ranger Station in the northwest cor-
ner of the property.
Regarding circulation she states. that Etiwanda Avenue provides the only access to the
site with the exception of a forest Service road to the Day Canyon Ranger Station.
Traffic consultants report that current motor vehicle trips generated from the site
equal 26; with 453 dwelling units the proposed project will general 5,890 additional
motor vehicle trips.
Staff states the project site is located on a recent alluvial fan; runoff is slow and
permeability is rapid. The site lies almost totally within the Alquist- Priolo Special
Studies Zone and is traversed in an. east -west direction by several splinter faults of
the Cucamonga Fault Zone.
Slope average 10- 153from north to south. The site lies within the hiah fire hazard area.
Two well defined drainage channels traverse the site in conjunction with several
smaller drainage courses. There are several water lines and tunnels and a 450 -foot wide
easement across the southerly portion for electrical transmission.
There are no urban services available on the site and all urban services would have
to be extended at the time of development. Letters from service providers are on
file indicating that extension of services is possible. .
The forest Service has expressed concerns regarding maintaining continued access
to the Station and regarding appropriate development standards to mitigate the high
fire hazards in the area.
The site is within tile, sphere of influence of the City of Rancho Cucamonga, which
has expressed concern that a change to RES -1 an this site Play not be consistent with
its new General Plan. The City recommends that the project be continued until addi-
tional special studies re,lardina sei smi r, hazards. drainano, and biota in the area
can be completed, as well as tine ongoing General Plan studies. However, if the
Planning Commission chooses to reconnend approval, the City recommends that a Specific
Plan be r quired for the site.
Staff states that the County is currently initiating the. preparation of the Foothill
Area Plan which will include the unincorporated area along the foothills and includes
the site.
-9-
COPY SUBJECT TO CORRECTION
AND APPROVAL
ITEM 44 (continued) Lewis Construction Co., Inc. P.C. Nearing: 11/13/80
Staff Planner Fred Hinshaw reports on the Environmental Impact Report. He lists the
five significant adverse impacts which were determined by the Environmental Review
Board to be unmitigatable to a level of non - significance: grading, air pollution,
loss of open space, alteration of the site's rural character, and loss of wildlife
habitat. Commissioner Jennings contends that these adverse impacts could be found
on any development. Staff states that in this case the impacts are considered not
mitigatable because of surrounding land use, the adjacent Forestry Service, and
existing development.
Staff, Ms. Eid, states that staff's position is that at this point it's not known
whether the site should or should not be designated as RES -1, and that the entire
area should be studied before making a determination.
PUBLIC COMMENT /TESTIMONY:
Present for the applicant are Mr. Ralph Lewis, III,. Ron Nottingham, Mr. nary Leven and
Mr. Bill Mann, Mr. Lewis states he agrees with staff's recommendation and urges
approval of Alternative 3, which is to recommend approval of the GPA as requested.
He states that he has given the Forestry Service an easement to the Station until
better roads are available. He cites page 182 of the City of Rancho Cucamonga General
Plan, which states that there is animal life in the forest but no unique or endanqered
species among those identifed from past studies. He also cites a sentence stating
there are no rare plants found in the area. He states that he is aware the property
is in the Alquist- Priolo zone and his engineer is studying the area to assure that
no building would be placed in dangerous areas.
Mr. Lewis states that he has reservations about the possibility of the Foothills Area
Community Plan being completed within the next several months, and he would like to
begin working on the planning and design portions of the project. He feels residences
are the best use for the property.—he states the utilities are relatively close and
he sees no problem in his ability to hook into them.
Regarding Mr. Lewis' quoting the Rancho Cucamonga General plan, Staff Fred Ilinshrrm
states that the research done for the County FIR has identified rare and endangered
plants, and further states that U.C. Riverside uses the area south of the site as an
ecological preserve. Mr. Lewis states that if any rare and endamrered species are in
existence he will guarantee they will not be disturbed.
Chairmian Semans and Commissioner Bristow are concerned about the ability of the appli-
cant to provide the full range of public services as required in RES -1 designations.
Mr. Nottingham states he has letters from each of the providing agencies assuring him
the services are available. Corimissioner Bristow notes that the provision of services
to this site may nreclude the ability of the providers to service other sites in the
area, due to the possibility of limited service capacities.
Deputy Director John Jaquess restatements staff's comment that the major concern of
staff is that the site is reasonably isolated from other urban development in the
area, and the issue is a CPA amending the designation of 15n acres out of context
with what is clone, in the surrounding areas and the service demands that might involve
questions for which staff does not have answers at this time. He states that staff's
primary concern is not to take this site out of context but to consider the entire
area at oco tine. Mr. Lewis responds that he understands staff's concerns but the
land is virtually separated from surrounding areas by the two channels and it is
highly unlikely there would be roads crossing east and west. lie states that the
only access is Etiwanda Avenue.
lo- COPY SUBJECT TO CORRECTION
AND APPROVAL -
ITEM 04 (continued) Lewis Construction Co., Inc, P.C. Hearing; 11113 /8o
Mr. Nottingham distributes copies of a letter from Mr. Riachrd A, Lewis, President
of Lewis Homes, stating that he has owned the land since 1962, has waited for the
area to grow, and in the meantime has allowed the land to be used as onen. space by
hikers, motorcycle riders, Chaffey College biology classes, etc., without permission.
He states that he has been patient but does not feel he should be asked to wait at
least another year while a Foothill Plan is prepared. He questions whether a plan
of that magnitude can be done in even two years. He notes that he had prepared a
detailed EIR at a cost of $10,000 and has spent another S2S,000 plus in engineering
to provide answers so the EIR could be prepared. He reminds the Commission that he
is proposing a low density development which will take five years to complete. Ile
states that housing prices are critical and delays will compound and add costs.
He further notes that he must still obtain a zone change, file a tentative nap, etc.,
before getting approvals needed to pull permits.
It is noted that the Commission has received letters from Robert C. and Alice G.
Flocker, Blayne 0. Blanton, and Robert P Praetzel, all property owners in the area,
who support the proposal.
Commissioner Farquhar is concerned that development of the property will create flood
problems. Mr. Mann states that he has conducted a drainage study and there are several
square miles of spreading grounds. No rater is going directly south; it soaks into
the spreading grounds or travels into Day Creek.
>ir. Stephen McCutcheon, Associate Planner from the City of Rancho Cucamonga, outlines
the current standing of that city's General Plan. He states the City has not yet
studied the area in depth and asks for a continuance to allow the City time to deter-
mine whether there would he a problem with the proposed density. He states that if
the project is approved the City would like to see a specific plan done for future
development of this site, tie states a geological survey will need to be done. Regarding
Mr. Lc:+is' quote of the General Plan, he states that it is correct, but there is a fur-
ther statement in general terms stating that it would need an EIR of very broad -based
review done by the City. Regarding water resources, Mr. McCutcheon states that one of
the Policies in the new General plan states that the City would like to encourage as much
as possihle that the foothills be left in open soace. The City is trying to resolve
the flood problems. He notes that if the project is approved, as it develops traffic
would inmact F,timanda Avenue. He states that Wwanda Avenue is not proposed for expan-
sion within the City; the residents want it to remain a two -lane road. In response to
Commissioner Masingale's question, he states that the William Lyons Company is pro-
posing to construct a major arterial for the Victoria Project, and the new Day Creek
Boulevard could possibly be extended,
Mr. McCutcheon concludes by restating the City's request that if the project is approved,
the City would request that a Specific Plan be required.
COlVdISSION ACTION:
RECW9 U;D that th^ Roars! of Supervisors CERTIFY that the Environmental Impact Report
was proposed in corwliance e:ith Cho California Cnviror,mental Quality Act; RCC0,%1NLND
that the board of Supnrvisni; R.DDPT Alternative '''3, to A!l !I 0 the !lest Valley Rep Tonal
Land Use Map of th:: Consolidated General Plan from RCN (Rural Conservation) to RES -1
(Residential - one (1) dnolling unit per acre) for the site; FIND the statement of
Overriding Considerations to the five adverse im¢)acts which cannot be reduced to the
level of non- significaneo hr.cause the economic climate of building intensifies the
shortage c` affordable housing and the provision of housing in Oisare.a in and of
itself will provide suitahle houses at relatively reasonable prices which will become
increasingly difficult as those are.. delays, and thn ability to have this project
approved will keep costs relatively low. Further, instruct Staff to return with
appropriate findings in the positive.
COPY SUBJECT TO CORRECTION
AND APPROVAL
ITEM " (continued) Lewis Construction Co., Inc. P.C. Hearing: 11/13/80
MOTION BY: Woodring SECOND BY: Masingale
Deputy County Counsel Clark Alsop states that the Planning Commission should articu-
late reasons for approval to guide staff in preparing positive findings.
Commissioner Masingale states that he does not feel that the economic benefits
would in this case be an overriding social and economic consideration.
Chairman Semans states that he is concerned about the provision of services in
approving an increase of density, and the impact that provision might have on future
developments in the area. fie feels strongly that the item should be continued until
the Foothills Community Plan is completed. Commissioner Bristow is also concerned
about provision of utilities, and states she does not agree with the affordable housing
statement for overriding considerations. Commissioner Masingale is not in favor of
stalling a project which would provide housing in a desirable area.
Commissioner Woodring withdraws his action; Commissioner Masingale withdraws his
second.
COMMISSION ACTION:
MOVE it is the itlTE.4T of the Planning Commission to recommend approval of Alternative 3,
and instruct staff to return with the appropriate findings and statement of overriding
social and economic considerations at the afternoon session.
MOTION BY: Woodring SECOND BY: Masingale MOTION FAILS: 4 -4
Commissioners Farquhar, Semans, Bristow, and McDonald vote against the notion
Commissioner Masingale notes that the General Plan prepared for the City of Rancho
Cucamonga, as well as staff, state that the area will be a residential area sometime
in the future. lie states that the -site is beyond the stage of holding it for agri-
cultural purposes. Conmissioner Jennings notes that this is only the first step for
the developer and all problems encountered in development will be addressed at the
zone change level. Chairman Semans maintains that the entire area should be con-
sidered at one time, and Commissioner McDonald agrees. She states that when she
looks at 450 acres in the middle of RCN- designated land, not contiguous to anything,
she would feel more comfortable if the entire area is considered. She states she
cannot make findings necessary to change the designation.
COMMISSION ACTION:
ACCEPT the findings of staff and recommend that the Board of Supervisors CONTINUE
the project to be heard with the Foothill Area Plan, which is scheduled for completion
this fiscal year.
MOTION BY: McDonald SECOND BY: Bristow MOTION FAILS: 4 -4
Commissioners Woodring, Golding, Jennings and Hasingale vote against the motion.
Conriissioner Woodring notes that acreage to the west is all developed with one -acre
and half -acre parcels. Commissioner Jennings states that Chaffey College is only
a mile and a half away. Commissioner Bristow states that she has reflected on testi-
mony presented and recalls that there is development close by and that the drainage
channels separate the site from surrounding areas. She, states she will change her
vote because the area is not contiguous to other property because of the terrain.
Iz- COPY SUBJECT TO CORRECTION
AND APPROVAL --
ITEM 44 (continued) Lewis Construction Co., Inc. P.C. Hearing: 11/13/80
COMMISSION ACTION:
MOVE it is the INTENT of the Planning Commission to RECOMMEND Alternative k3, staff
to return with positive findings in the afternoon session, reflecting the above - stated
reasons for approval.
MOTION BY: Woodring SECOND BY: Masingale MOTION CARRIES: 5 -3
Commissioners Farquhar, Semans and McDonald vote against the motion.
Staff returns with required findings at the end of the afternoon session, 6:45 p.m.
Due to the lateness of the hour, Commissioners Golding and Jenninas have left the
hearing. Chairman Semans states that he feels the intent of the majority of the
Commission is to approve the project. Since two of those v.-ho are in favor have left,
it is necessary that a negative vote be changed in order to comply with the wishes
of the majority. He states that he will reluctantly change his vote to he_affirma-
tive for that reason o y�rottng —that -hee -feels that aoorova is premature and thel
findings are not sufficient to support a statement of overriding social and economical
considerations..
r
COMMISSION ACTION:
ACCEPT the findings of staff as follows:
1. The General Plan Amendment provides for needed housing, and therefore, expands
the existing affordable housing market.
2. The General Plan Amendment would facilitate the extension of utilities and public
services to the north, for present and future development.
3. The General Plan Amendment to RES -1 constitutes an extension of the existing
RES -2 type development to the west, which is separated by an undevelopable drainage
channel, and is therefore consistent with the General Plan policies requiring logical
and orderly patterns of development.
RECOMMEND that the Board of Supervisors:
A. CERTIFY that the Environmental Impact Report has been prepared in compliance with
the California Environmental Quality Act, and instruct the Clerk of the Board to file
a Notice of Determination with the Secretary of Resources.
B. ADOPT the Statement of Overriding Considerations for the impacts identified in the
Environmental Impact Report, stating that approval of the proposed General Plan Amend-
ment, at this time, would provide for overriding social and economic considerations
by providing needed additional housing at an affordable leve.
C. APPROVE the request (Alternative 3) to amend the Nest Valley Map of the County
General Plan from RCII (Rural Conservation) to RCS -1 (Residential, 1 dwel l inn unit per
acre) for the 453 acre site lying approximately 1 mile north of 24th Street and west
of East Avenue, extending north approximately 3,300 feet, and extending west to a point
approximately 1/4 mile cast of Day Canyon Mash.
MOTION BY: 'Noodring SECOND BY: Masingale MOTION CARRIES: 5 -1
Commissioner McDonald votes against the motion.
CITY OF RANCHO CUCAAIONGA
MEMORANDUM
November 13, 1980
TO: City Council / //J
FROM: Lauren M. Wasserman
s�
City Manager ✓
SUBJECT: Litigation Issue
As you may recall, the City is appealing the decision of Judge
Larry Thorne regarding the J. B. Towing case. One problem has
arisen of which you should be aware. The court reporter who handled
the entire case in Municipal Court has moved from the area and
has never transcribed her notes. We recently dispatched a sheriff's
deputy to New Mexico to acquire the court reporter's preliminary
reporting data. since the case did last for several days, that
amounted to a substantial quantity of notes.
In order to have the case transcribed, it is necessary that a new
reporting service be hired. It is also reguired that a "reader"
go through the notes prior to them being transcribed. I am not
very familiar with the process; however, our attorney, William
Cuthbert, has indicated that this is the only acceptable way of
transcribing notes taken by a court reporter who is no longer
available to us.
The primary concern is that the transcribing service may amount to
several thousand dollars. Unfortunately, both Bill Cuthbert and
I feel we have gone so far on this case that we really can't afford
to back off at this point because of a minor (but expensive) problem.
The purpose of this memo is to let you know that the transcribing
cost may be somewhere as high as $4,000. We have already spent well
in excess of that amount on legal services. While the issue may
seem insignificant, we still feel that the expense is warranted in
this particular case. Therefore, unless we hear to the contrary,
we will authorize our attorney to have the necessary transcribing
completed. if you disagree with this approach, please let me
know by Monday, November 17.
LMW:baa
M E M O R A N D U M
TO: Lauren M. Wasserman, City Manager
FROM: Samuel Crowe, City Attorney
DATE: November 14, 1980
RE: Refuse Franchise Agreements and Ordinance.
Due to widespread public concern regarding the above mat-
ter, the following memorandum may be of use to you in reviewing
the existing Refuse Ordinance and the associated Refuse Contracts.
1. Nature of the Ordinance. Ordinance No. 117 is fairly
typical of refuse ordinances. The general }purpose of these gen-
eral ordinances is to require each residential unit to pay a charge
for garbage collection. Although an individual may face specific
hardship with any type of ordinance, i.e., they customarily dis-
pose of their refuse cheaper or they have special refuse that re-
quires additional disposal, unless there are some mandatory func-
tions to an ordinance, you cannot enforce mandatory refuse dis-
posal. or obtain lower unit cost by volume. The mandatory feature
of Ordinance No. 117 is the obligatory fee. It is not the purpose
of the Ordinance to establish contract refuse pickup. The Ordi-
nance does permit contract service, but the provisions of the Or-
dinance would apply regardless of whether the refuse is removed by
the City directly or by contract services.
2. Nature of the Contract. Based upon the enabling por-
tions of Ordinance No. 117, the City has elected to contract for
refuse service and has elected to use two (2) contracting compan-
-1-
ies each having been given a territory. The contract imposes a
duty upon the refuse company in each section to dispose of refuse
set out for collection and generally describes the refuse company's
duties, provides that the refuse company will have the exclusive
rights to collect refuse within the district for a period of five
(5) years from notice of termination, provides for customer char-
ges and provides for a franchise fee to the City.
3. Problems. After adoption of the Ordinance and approval
of the contracts by the City.
(a) The two (2) refuse companies signed the Agreements
perhaps with a qualification as to fees.
(b) There was an attempt to raise the existing collec-
tion fees without approval of the City.
(c) A significant group of residents objected to the
ordinance and the exclusive area contracts.
4. Leyal Conclusions. The ordinance was validly adopted
and constitutes a lawful exercise of municipal powers. There is
a question as to whether the contract as proposed has been validly
accepted by each contractor however. Each returned the signed
contracts with a statement that the contract was signed based up-
on the understanding that the fee resolution would be at a speci-
fied rate. There has been no commitment by the City as to any
rate, and, therefore, the signatures on the contracts do not con-
stitute an unconditional acceptance. In my opinion, if the City
is in a position to (1) take the position that the refuse con-
tracts have not been accepted, and, (2) if the City withdraws
the contracts before full accpetance by the refuse companies, the
-2-
City can terminate the Agreements. I don't think the foregoing
would be a productive policy unless the City Council determined
that it did not want to provide for mandatory services. If the
City were to take the position that the contracts were not ac-
cepted, all of the work done to date would be lost, particularly
the staff time and efforts. Despite the current complaints, a
great deal of the existing Ordinance and contracts is unobjection-
able.
5. Other Conclusions. I have assumed that the City Coun-
cil desires to require mandatory refuse pickup. If the City did -
not require mandatory pickup, neighbors are most likely to combine
multiple residences at one (1) pickup location and ultimately the
entire pricing arrangements have to be increased because of addi-
tional load. If that is the case, then the most practical course
of action would be:
First, to assess both the Ordinance and the contracts to
determine what changes could be made to ameliorate some of the
public complaints, then negotiate with the refuse companies to ef-
fect these changes. The companies should be cooperative in that
a great deal of the current public concern was caused by the refuse
companies' poor public relationship.
Second, to amend either the Ordinance or the contracts with
the consent of the refuse companies to give the City the chance to
assess how the Ordinance and contracts work. For example, if the
period of the contracts were limited to one (1) year, and the City
had the right to review the system at that time and change it if
necessary, the public should have little complaint because of the
-3-
temporary nature of the contracts.
The first possible amendment would be to limit the exclu-
sive right the refuse companies have to a shorter period, for
example, one (1) year.
Other possible areas of modification might be to remove
the advance service charge payments, remove the presumption that
the resident did not timely place his refuse out, and create a
committee, staff, Council or otherwise, to monitor the effective-
ness of the refuse service.
Whatever the City Council decides, it should keep in mind
that the issue of whether refuse pickup should be mandatory is
separate from the rates to be charged. The present legal rate in
the City is not the rate presently being charged by the refuse com-
panies. It is, rather, the rate that existed prior to the Agree-
ments.
Also, the City should probably immediately give notice of
the five (�) -year termination as provided in the contracts. That
would give the public some evidence of the City's concerning, as
well as give the City the shortest term of contract in light of
state law.
In closing, it is my opinion that the City cannot rely on
the good will of the various refuse companies to comply with the
terms of our Ordinance. If we keep the Ordinance or amend the
same, the refuse companies should be bound by specific written
contracts to avoid future misunderstandings and to clearly provide
for control of the refuse rates.
SC:sgg
-4-
CITY OF RANCHO CUCAMONGA
MEMORANDUM
November 19, 1980
TO: City Council
FROM: Lauren M. Wasserman
City Manager
SUBJECT: Trash Ordinance No. 117
Most of the recommendations we have provided you will almost totally
eliminate the opposition which Council has been facing over the
refuse issue. There is still one area, however, which could be
dealt with, and that is those persons who would prefer to take their
trash to the dump rather than have collection. City Council may
wish to instruct the staff to redraft the exemption provision of
Ordinance 117 to permit those who wish to take their trash to the
dump to do so, providing they have receipts available if the city
requests verification. This would eliminate virtually every major
opposition to the proposed ordinance while essentially maintaining
the mandatory feature.
The second provision is that the staff should be instructed by the
Council to redraft Ordinance No. 117 to eliminate most of the re-
gulation features except for those which are deemed essential. We
could bring that back to the City Council at a later date rather t
spend time on it this evening.
One additional consideration which has been suggested by John Rose
is in Ordinance 117 to eliminate any requirement concerning the
number of containers, bundles, or other materials which may be
placed at the curb. John has suggested, however, that we include
in Ordinance 117 some provision which would orohibit persons from
placing water heaters, furniture, or other appliances out for
collection. We may still need some size limitation just to be
practical about the whole thing. While I am sure the companies will
Oppose this provision, it does seem to make some sense since most
Trash Ordinance No. 117 Memo
November 19, 1980
Page 2
is placed at the curb; the major exception is the collection of
rocks since they cause major damage to the refuse equipment.
In summary, we have provided the City Council with what, in our
view, is a package which responds to most of the complaints lodged
by citizens at our public hearing. Over the long haul we do not
feel that the added exemption for those who haul their own trash
cause a problem since at some point in the future the Milliken
dump site will close and those residents may choose to go with
the refuse collection services. In addition, because of community
turnover, we think that it is politically acceptable to please
150 -200 residents by granting the exemption while recognizing that
most of the 19,000 residences are receiving trash collection
services.
It is recommended that Council provide general direction to the
city attorney to work out any contractural changes which may be
necessary as a result of your policy decision this evening. We
should not have to debate it publicly at this time, but more
appropriately we could consider it at a later date after the staff
and city attorney have negotiated the major provisions.
LMW:baa
cc: Harry Empey
11
DATA - DESIGN I. ,r b n r ,r f n r i c t
CUCAMONGA, CAL I FCKN'A 9 %7,0
17 November 1980
City of Rancho Cucamonga
P. O. Box 807
Rancho Cucamonga, California 91730
Attention: J hn L. Martin
Assistant Civil Engineer
Subject: Center Street Vacation
Reference: Your letter to Mr. Salvati dated 12 Nov 1980
Gentlemen:
Data- Desicna Laboratories is in receipt o` your memorandum
concerning a Landscape Maintenance Agreement.
Data - Design will be happy to commit to a Landscape
Maintenance Agreement and will do so at your earliest
convenionco. Data - Design believes in a hiuh level of
environmental standards and will continue to ma.i.ntain
the landscaping to to consistent with those standards.
Data- Design requests your consideration for approval of
vacating center.
Very truly yours,
DATA - DESIGN LABOPATORIES
Executive vice President
DS :::c
CC: T. C. Eeiscl:er
E. La::
Directions to staff:
1. There would not be strict mandatory requirements, but would allow
exemptions for those requesting to take trash to dump themselves
providing they keep the receipts and could prove they are disposing
of trash properly if required.
2. No territorial rate differences. One rate throughout the entire
city. Keep the territorial boundaries.
3. No limits set on the number of containers, but a limit set on weight,
size, etc. No furniture, appliances, rocks, etc.
4. Special senior citizens' rate.
S. Continue with the 3-month pre--payment.
6. City Council will approve all rates in the future. Rates to be rolled
back to the old rate.
7. An annual review by City Council action (not to be part of the Consent
Calendar).
8, put the companies on notice that the amoritization period starts. To have
a continual, rolling 5 year intervals.
9. To recind current agreements.
ORDINANCE N0. 117 -A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, PROVIDING FOR CONTROL, COLLECTION
AND DISPOSAL OF RESIDENTIAL REFUSE.
The City Council of the City of Rancho Cucamonga, California
does ordain as follows:
SECTION 1: Collection of Refuse. As required by the
minimum standards of the State Solid Waste Government Code, a mandatory
residential refuse collection service shall be provided to the citizens of
the City of Rancho Cucamonga at least once each calendar week.
SECTION 2: Charges for Collection of Refuse. A monthly
charge for the collection of refuse shall be made against the occupants of
each residential unit within the City. The amount of such monthly charge
shall be fixed from time to time by the City Council by resolution; provided,
however, no change in such amounts shall be effective until thirty (30) days
after the adoption of the resolution changing the same. The monthly charge
may vary within the City if the City Council determines that refuse collection
costs in some areas exceed those in other areas because of location, topography
or other reasons.
SECTION 3: Method of Billing. Refuse collection charges
for each residential unit shall be billed by and collected by the collector
that provides services to such unit. Refuse collection charges shall be due
and payable upon being billed, and delinquent twenty -five (25) days thereafter.
SECTION 4: Liability for Payment. In the event the occupant
of a residential unit fails to pay refuse collection charges within thirty (30)
days following the billing thereof, the owner of the premises upon which such
residential unit is located shall also become jointly and severally liable for
the payment of such charges.
SECTION 5: Penalty for Non-Payment. A penalty shall be
determined by Resolution of the City Council from time to time establishing
a charge for those who fail to pay the regular charge within thirty (30)
days following the date on which they are first billed thereof.
SECTION 6: Adjustment for Vacancies. No collection charges
shall be charged during the term that a residential unit is vacant, provided
that written notice of the dates of commencement and termination of the vacancy
is given to the servicing collector; provided, however, that refuse is not set
out for collection from such vacant unit.
SECTION 7: Refuse Defined. "Refuse" shall mean and include
garbage, combustible rubbish and noncombustible rubbish.
(a) "Garbage" shall mean and include all kitchen and table
refuse, leavings, offal, and every accumulation of organic matter which attends
the preparation, consumption, decay or dealing or storage of meat, fish, fowl,
fruits and vegetables. "Garbage" does not include human body waste or liquid
swill.
(b) "Combustible rubbish" shall mean and include but shall
not be limited to paper, cardboard, rags, clothing, books, footwear, packing
materials, grass, leaves, brush, and other substances that will incinerate
through contact with flames of ordinary temperature. "Combustible rubbish"
Ordinance No. 117-A
Page 2
shall not include furniture, large household appliances, junk autos or parts
therefrom, dirt, rock or material from the demolition, alteration or construction
of buildings.
SECTION 8: Other Definitions. For the purposes of this
Ordinance, the following words and phrases shall have the following meaning:
(a) "Apartment house" shall mean a building, or portion thereof,
designed for occupancy by four (4) or more families, living independently of
each other.
(b) "Collector" shall mean any person or company designated
by the City Council by ordinance, resolution or contract to collect refuse
within the City.
(c) "Each residential unit" shall mean each place used for
residential purposes for a single family. Any residential unit used secondarily
for business purposes may be considered a commercial unit for the purposes of
assigning charges for special collection purposes.
SECTION 9: Receptacles Required. Except as provided in this
Ordinance, it shall be unlawful for any person to keep, place or deposit refuse
in or upon any public or private property except in refuse receptacles which
comply with the requirements of this Ordinance.
SECTION 10: Refuse Receptacles: Residential.
(a) Except as provided in this section, all refuse from a
residential unit shall be kept in a metal or plastic receptacle which has a
tight - fitting cover which prevents the escape of odors, and which is equipped
with at least two (2) bails or handles. Receptacles shall not be less than
fifteen (15) gallons nor more than thirty -five (35) gallons in capacity, nor
shall the maximum gross weight of a loaded receptacle set out for collection
exceed seventy -five (75) pounds in weight.
(b) The limit on the number of receptacles to be set out for
pick -up shall be determined by resolution.
(c) Branches, tree limbs or other similar debris shall be
tied with sturdy twine, rope or wire, in bundles not exceeding four feet (4')
in length nor eighteen inches (18 ') in diameter.
(d) Newspapers and magazines may be either deposited in metal
or plastic receptacles, as mentioned above, or tied with sturdy twine, rope
or wire, in bundles not exceeding fifty (50) pounds in weight.
(e) Cardboard boxes may be either flattened and deposited in
metal or plastic receptacles, as mentioned above, or may be flattened and tied
in bundles not exceeding four feet (41) in length nor fifty (50) pounds in
weight.
(f) Apartment houses may utilize contractor-approved commercial
type collection bins and shall do so if required by the collector serving the
apartment house. When an apartment house utilizes commercial-type bins one (1)
three -ya d bin shall be furnished for each multiple of six (6) residential units
or fraction thereof.
Ordinance No. 117 -A
Page 3
SECTION 11: Expense of Refuse Receptacles. Refuse receptacles
required by this Ordinance shall be provided by the occupants of each residential
unit or commercial establishment within the City and without expense to the City.
SECTION 12: Receptacles: Cleanliness. The exteriors of the
refuse receptacles including covers, shall be kept clean by the occupant. The
interior of refuse receptacles shall be cleaned periodically to prevent accumu-
lation of grease or decomposing materials.
SECTION 13: Placement of Refuse Receptacles.
(a) Except when set out for collection as herein provided, refuse
receptacles shall be kept out of view from the public right -of -way adjacent to any
property.
(b) No refuse receptacle shall be left upon any public street,
alley, sidewalk or right-of -way in such a manner as to impede or endanger pedes-
trian or vehicular traffic, after pick -up service has been rendered.
(c) Refuse receptacles and containerized or bundled refuse
shall be placed at the curb for collection.
(d) All refuse receptacles shall be removed from public view
the same day collection service is rendered.
(e) All commercial -type collection bins or drop bodies shall
be placed in an area which is easily accessible to collection personnel and
equipment, with sufficient way to safely collect and maneuver without injury
to persons or property.
SECTION 14: Periods to Set Out Refuse and Time for Collection.
Refuse shall be set out for collection not later than 6:00 a.m. on the day of
collection, but not prior to eighteen (18) hours before the scheduled collection day.
SECTION 15: Destruction of Refuse Receptacles Unlawful. It
shall be unlawful for any person to intentionally abuse, dent, bend, mutilate,
damage or destroy any refuse receptacle or cover thereof, provided however,
that this section shall not apply to the owner of such refuse receptacle.
SECTION 16: Spilled and Scattered Refuse. Any refuse spilled
or scattered as a result of the collection service shall be removed by the collection
agency as it occurs.
SECTION 17: Garbage and Refuse Accumulation. Every person
owning or occupying any building, lot or premises in the City shall keep such
property in a clean and sanitary condition and shall not cause or permit garbage
or combustible or noncombustible rubbish to accumulate for more than one (1)
calendar week. Any accumulation of refuse for a period of time in excess of the
times prescribed in this section is hereby declared to be a public nuisance, and
said public nuisance may be summarily abated upon order of the City Manager.
All costs of abating such public nuisance shall be charged against the person
who had the responsibility not to cause the accumulation.
Ordinance No. 117-A
Page 4
SECTION 18: Dangerous and Infected Materials.
(a) No person shall place o deposit in any refuse receptacle
for collection pursuant to the provisions of this Ordinance any unbroken hypo-
dermic needle, drugs, poisons, acids, dangerous chemicals, explosives, or any
other substance which might cause the death of or injury to a human being.
(b) No person shall place in any refuse receptacle for
collection pursuant to the provisions of this Ordinance any clothing, bedding
or other article which is contaminated by reason of being in contact with a
person or animal who has aninfectious or contagious disease. Such clothing,
bedding or other article shall be disposed of only in accordance with the
direction of the County Health Officer.
SECTION 19: Contract for Collection, Removal and Disposal of
Refuse. The City may contract with persons or companies for the collection,
removal and disposal of refuse, which contract shall provide, among other
things, for the number of collections, manner of emptying receptacles and
obedience to sanitary regulations. Said contracts may provide for a franchise
fee, in an amount determined by the City Council, to be paid to the City.
SECTION 20: Unauthorized Collectors. Except where a person
or company is authorized to continue collection services pursuant to Health and
Safety Code Section 4272, it shall be unlawful for any person, other than the holder of
a current refuse contract with the Ctiy, to collect or to remove any such receptacle
from the place where the some is placed by the person entitled to possession thereof,
or to remove the contents of any such receptacle. This section applies only to the
collection and removal of refuse from residential units.
SECTION 21: Refuse Truck Regulations. Any person or company
holding a refuse contract with the City shall provide an adequate number of vehicles
and equipment expressly and especially designed for the containment, collection
and transportation of refuse. Said trucks shall be equipped so as to prevent the
spilling or dropping of any refuse or liquid therefrom. Said trucks, when not in
use, if kept within the boundaries of the City, shall be kept only upon private
property in a zone which allows the parking of trucks. No refuse truck shall be
parked overnight in the City while partially or fully loaded with refuse, unless
due to breakdown or emergency, without permission of the City Manager.
SECTION 22: Deposit of Waste Prohibited. It shall be unlawful
for any person to cause, or permit any garbage, sewage, commercial or industrial
waste, or waste of any other nature, to remain or be deposited or discharged
upon the surface of the ground on any public or private property.
SECTION 23: Exemptions: Application and Appeal.
(a) Any person desiring to secure an exemption from any provision
of this Ordinance may apply therefore in writing to the City Manager.
(b) The City Manager is authorized to grant exemptions from the
provisions of this Ordinance if he finds that all of the following conditions exist:
(1) Granting the exemption would not be detrimental to the
public health and safety;
(2) Not to grant the exemption would result in undue hard-
ship to the applicant; and,
. Ordinance No. 117 -A
Page 5
(3) The hardship which would result to the applicant from
not granting the exemption is a hardship which would not generally apply to other
property in the City.
(c) The action of the City Manager in granting or denying an
exemption to the provisions of this Ordinance shall be in writing, and shall
be served upon the applicant in person or by mail and shall also be posted in
three (3) public places within the City. Any person residing or owning property
within the City may appeal the action of the City Manager to the City Council.
The action of the City Manager shall be final unless written notice of appeal
is filed with the City Clerk not more than ten (10) days following the date of
posting of the action by the City Manager.
SECTION 24; Violations. Any person violating any of the
provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall
be punishable by a fine of not more than $500.00 or imprisonment for not more
than six (6) months, or by both such fine and imprisonment. Any violation
continuing for more than one (1) day shall be deemed to be a separate violation
for each day said violation exists.
ORDINANCE NO. 123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE
RESIDENTIAL, PARKING, PLANNED DEVELOPMENT, AND
ADMINISTRATION SECTIONS OF THE INTERIM ZONING
ORDINANCE.
it
INTERIM
ZONING
ORDINANCE
G )CAAj! ?/U
O
1\ J
r x
U
- Y
1977
<ON,Fv[UNITY
j DiAl LOPVR.NT
D - i)kiuml-.NT
A�
AMENDMENTS TO INTERIM RANCHO CUCAMONGA ZONING ORDINANCE
RESIDENTIAL, PLANNED DEVELOPMENT AND PARKING SECTIONS
R -1 District
Page 1
ZONING CODE
61.024A R -1 DISTRICT
61.024A
The fallowing regulations shall apply in R -1 Single - family Residence
Districts:
(a) GENERAL USES PERMITTED:
k (1) One- family dwelling on each lot.
(2) Truck gardening, tree farming, nurseries and greenhouses
used only for the propagating and cultivating of plants, provided that:
(A) Retail sale from the premises of such products or
comodities raised on the property shall be permitted only on lots having
an area of at least twenty - thousand square feet, excluding retail nursery
and sale of livestock, poultry and rabbits.
(3) Small livestock, cows, goats and fowl may be kept on
areas of five (5) acres or more prior to residential use, subject to the
following limitations:
(A) One (1) cow or two (2) goats for each one (I) acre
in area of the parcel of land on which the same are kept, or one - hundred
(100) fowl for each one - quarter N) acre in area of the parcel of land
on which same are kept; and further that such animals or fowls be kept
at least fifty (SO) feet from front property line, and seventy (70) feet
from buildings used for human habitation, public parks, schools on
adjoining lots or parcels.
(4) Cats and dogs. Not to exceed the keeping of two (2) cats
and /or two (2) dogs.
(5) Public and private uses as follows shall be permitted if'
a conditional use permit is approved, as provided in Section 61.0219(o).
(A) Civic or community clubs.
(B) Country clubs, including the incidental serving of
alcoholic beverages, together with golf courses, excepting miniature
courses and similar commercial enterprises. (Am. Ord. 1413.2/26/68)
(C) Fire and police stations.
(D) Schools, excluding colleges or universities.
(E) Churches, excluding rescue missions or temporary
revival.
(F) Cemeteries.
(G) Museums not operated for profit.
(H) Parks and playgrounds.
(I) Electrical distribution substations. (1413.2/26/68)
(J) Social Care Facilities for a total of seven (7) or
more persons, excluding operator, operators, family and /or staff.
(k) Conference Center, including incidental serving of
alcoholic beverages. (Am. Ord. 1413.2/26/68)
(L) Lakes Private.
(b) ACCESSORY USES, BUILDINGS AND STRUCTURES PERMITTED:
(1) Guest house (bathroom plumbing only).
(2) Private garage with space for maximum of four (4) cars.
(3) Home occupation pursuant to Ordinance 72 of the City of
Rancho Cucamonga.
(4) The keeping of horses (private stables) on lots of twenty -
thousand (20,000) square feet and over in area. The number of horses
permitted on any lot or parcel being limited to one (1) horse for each
R -1 District
Page 2
61.024A
ten - thousand (10,000) square feet of lot area up to a total of six (6)
horses. An educational animal project shall be permitted as a substitute
for horses. The following number of animals shall be permitted as a
project:
MAXIMUM
PERMITTED ANIMALS NUMBER
One bovine per 20,000 sq. ft. or .............3
Two calves per 10,000 sq. ft. or .............9
Two sheep per 10,000 sq. ft. or ..............9
Two goats per 10,000 sq. ft. or ..............9
Combinations of the above - listed animals shall be permitted
provided the total density shall not exceed that herein specified,
except in the case of young animals born to the project animal, which
may be kept in the R -1 District until such animals are weaned.
The keeping of an educational animal project shall be subject
to the following: A permit issued by the Department of Community
Development as provided on forms available in the Planning Division
Office. The educational animal project shall be kept only on an improved
and occupied lot or parcel.
"Educational Animal Project" for the purposes of this provision
shall mean an animal- husbandry activity which is part of an educationally
oriented youth program or organization.
(A) Such animals shall be kept at lease seventy (70)
feet from buildings used for human habitation, public park, school,
hospital or church buildings on adjoining lots or parcels, and shall
maintain a clearance of at least five (5) feet from interior side and
rear property lines and fifteen (15) feet from side street rights -of-
way, excepting an alley or bridle path, unless the animals are confined
by a five (5) foot chain link fence or a five (5) foot wood fence with
horizontal members no more than six (6) inches apart. Which fence may
be located on an interior side or rear lot line and fifteen (15) feet
from a side street right -of -way. The area of human habitation shall not
include cabanas, patios, attached or detached private garages or storage
buildings.
E %CEPTION: Those parcels of land upon which a use of
keeping and maintaining a horse, or horses, has been established prior
to the date of construction of a building used for human habitation
located on a neighboring parcel, regardless of any other provisions of
this Code, shall have applicable to them a nonconforming use right
pursuant to Section 61.0219(e). Such nonconforming use right shall be
only that a horse or horses may be kept at a minimum of fifty (50) feet
from buildings used for human habitation on adjoining lots or parcels
providing the following are complied with:
(1) Shall maintain a clearance of at least five
(5) feet from interior side and rear property lines.
(1I) Shall maintain a clearance of fifteen (15)
feet from side street rights -of -way, excepting an alley or bridle path.
(I1I) Fencing located within the seventy (70) foot
setback area pursuant to Section 61.024A(b)(5)(A) which is used specifically
for the confining of horses shall be five (5) feet in height and constructed
of solid wood, masonry or other appropriate screening materials. Otherwise
th, fencing and the keeping of horses shall comply with Sections 61.024A
(b)(5)(B) and 61.024A(b )(5)(C).
R -1 District
Page 3
(B) The location of corrals, fenced enclosures, barns,
stables, stalls and similar enclosures used to confine horses shall
conform to the clearances as set forth in paragraph (A) above the Section
61.0219(k). Street Setback Regulations. Whenever the words "keeping" or
"kept" are used in this section, it shall mean and include maintaining,
grazing, riding, leading, exercising, tying, hitching, stabling and
allowing to run at large. The foregoing, however, shall not preclude
the riding or leading of horses to or from the premises in order to gain
access to a bridle path, alley or street.
(C) Fences shall maintain a height of at least five (5)
feet and shall be of such construction as to preclude the escape of
(5) A temporary sales office may be located in a subdivision
developed in accordance with the Subdivision Code, subject to a valid
temporary occupancy permit. Said sales office may be used only for
conducting the necessary activities related to the initial sale or
initial lease of the land and /or structures located within the subdivision
in which the sales office is located, or such adjacent subdivisions that
are a part of or a continuation of the same development.
Prior to the establishment of such sales office, an
application for temporary occupancy permit shall be filed with the
Planning Division. After receipt of such application, the City Planner
shall issue a valid temporary occupancy permit for a period not to
exceed twelve (12) months from the date of approval of the temporary
occupancy permit, Extensions of time for a maximum of twelve (12) more
months may he granted by the City Planner, providing the following
conditions are met:
(A) Application for extension and a payment of the
required filing fee, as established by a City Council, must be filed
prior to the expiration of the temporary occupancy permit.
(R) The applicant must show that circumstances beyond
his control have caused unusual delays.
(C) The City Planner determines that th, continued use
of the sales office will not constitute a nuisance or he oojectionable
to the residential uses in the neighborhood.
The temporary occupancy permit shall be permanently
displayed in the sales office.
The temporary occupancy permit may be subject to such
conditions as the City Planner may require which will assure that at its
expiration, the sales office will be removed and the premises restored
to a condition in compliance with the provisions of the zone in which it
is located.
(6) Social Care Facilities that will accomodate up to and
including six (6) cared - for persons, excluding operator, operators,
family and /or staff.
(c) SIGN REQUIREMENTS: See Ordinance 65.
(d) PARKING o Section Q
REUI REMENTS: Automobile parking requirements as
provided i
(e) HEIGHT LIMITATIONS: Building or structures and the enlargement
of any buildings or structures shall be hereafter erected or maintained
not to exceed two and one -half (21;) stories or thirty -five (35) feet in
height.
R -1 District 61.0248
Page 4
(f) MINIMUM AREAS AND DIMENSIONS OF LOTS: Lot Size (in sq. ft.)
(in ft.) (in ft.) Setbacks (in feet)
Lot Size Corner Min. Min. Front Side Street Rear
(in sq.ft.) lot Width Depth Yard Yard Side Yard Yard Cover
7200 -8500 70 60 100 25 5/10 15 20 40
10000 -15000 80 80 100 25 5/15 15 25 30
20000 100 90 135 30 ** 15 35 25
(I AC) 43,560 120 120 160 30 20/20 20 40 25
* *15' on one side with both setbacks to average 25' but in no case be
less than 5'.
All dimensions are to be measured after dedications have been subtracted
in accordance with the adopted circulation Element Plan map and the City
Engineer.
(1) Each lot or parcel on a dead -end street, cul -de -sac, or
on a curved street lot width at the required front yard shall meet the
minimum lot width of the zone.
(2) Where a minimum area requirement greater than the seven -
thousand- two- hundred (7,200) square feet required in requested and
established in the district, it shall be designated by a number following
the district designation symbol, numbers less than one - hundred (100)
indicating acres, and numbers more than one - hundred (100) indicating
minimum square feet of area required per lot.
(3) Lot coverage shall include all buildings and accessory
buildings and structures.
(4) A forty (40) percent reduction in the required front yard
for the dwelling may be allowed on one -half ( ',,) of the lots within a
subdivision so long as the minimum setback from the ultimate right -of-
way or property line is twenty (20) feet to the garage or carport.
(5) On each lot within the R -1 zone there shall be a 10' side
yard free and clear to the sky with less than 2% slope.
(6) The minimum lot width on a cul -de -sac, knuckle or curved
frontage lot shall be (40) forty feet.
(7) Variable lot sizes may be permitted, less than the minimum
square footage of the zone, on twenty -five (25) percent of the lots
within a subdivision, however in no case shall variable lot sizes be
reduced below the minimum in the R -1 -20000 or R -1 -1 zones. In all cases
the minimum lot widths and depths shall be met.
61.0248 HELD IN RESERVE
R -2 District 61.024D
Page 5
61.024D R -2 DISTRICT
The following regulations shall apply in R -2. Two - family Residence
Districts:
(a) GENERAL USES PERMITTED:
(I) Same as R -1 District (Section 61.024 A(a)(1) through
61.024 A(a)(4).)
(2) Two - family dwellings or two one - family dwellings of a
permanent nature on each lot.
(3) Public and private uses, as allowed by Section 61.024A(a)(5),
shall be permitted if a conditional use permit is approved as provided
in Section 61.0219(0).
(A) Mobilehome parks on parcels of ten (10) acres or
more with a maximum density of six (6) units per acre. The Planning
Commission, in approving a conditional use permit, shall designate such
lawful conditions in connection therewith as will require that the
mobile home park be compatible with the adjacent low- density residential
uses. These conditions may include, but not be limited to:
(I) The provisions of comparable street setbacks
to those existing on adjacent residential properties.
(II) Provide for the completion of stubbed -off
streets from adjacent residential subdivision.
(III) Provide for the diversion of mobilehome Park
drainage away from the adjacent residential developments.
(IV) Provide for the diversion of mobielhome park
automobile traffic away from adjacent residential developments.
(V) And such conditions as will make possible the
development of the neighborhood in an orderly and efficient manner and
in conformity with the intent and purpose set forth in this section.
(b) ACCESSORY USES PERMITTED:
(1) Private garage with space for maximum of 4 cars.
(2) Home Occupation pursuant to Ordinance 72 of the City of
Rancho Cucamonga.
(3) A temporary sales office may be located in a subdivision
developed in accordance with the Subdivision Code, subject to a valid
temporary occupancy permit. Said sales office may be used only for
conducting the necessary activities related to the initial sale or
initial lease of the land and /or structures located within the subdivision
in which the sales office is located, or such adjacent subdivisions that
are a part of or a continuation of the same development.
Prior to the establishment of such sales office, an
application for occupancy permit shall be filed with the Planning Division.
After receipt of such application, the City Planner shall issue a
temporary occupancy permit for a period not to exceed twelve (12) months
from the date of approval of the temporary occupancy permit. Extensions
of time for a maximum of twelve (12) more months may be granted by the
City Planner providing the following conditions are met:
(A) Application for extension and a payment of the
required filing fee, as established by the City Council, must be filed
prior to the expiration of the temporary occupancy permit.
(B) The applicant must show that circumstances beyond
his control have caused unusual delays.
R -2 District / 61.1 -
Page 6
(C) The City Planner determines that the continued use
of the sales office will not constitute a nuisance or be objectionable
to the residential uses in the neighborhood.
The temporary occupancy permit shall be permanently
displayed in the sales office.
The temporary occupancy permit may be subject to such
conditions as the City Planner may require which will assure that at its
expiration, the sales office will be removed and the premises restored
at its expiration. The sales office will be removed and the premises
restored to a condition in compliance with the provisions of the zone in
which it is located.
(c) PARKING REQUIREMENTS: Same as R -1 District.
(d) HEIGHT LIMITATIONS: Same as R -1 District.
(e) MINIMUM AREAS AND DIMENSIONS OF LOTS:
(1) Each lot or parcel shall have a width of not less than
seventy (70) feet at the building setback line, a depth of not less than
one- hundred -ten (110) feet, and a net area of not less than eight -
thousand (8,000) square feet.
(2) Each lot or parcel on a dead -end street, cul -de -sac, or
on a curved street lot width at the required front yard shall be seventy
(70) feet.
(3) All buildings and structures including accessory buildings
and structures an any lot, shall occupy not more than forty percent
(40;) of the area of such lot.
(4) Where a minimum area requirement greater than the eight -
thousand (8,000) square feet required is requested and established in
this district, it shall be designated by a number following the district
designation symbol, numbers less than one - hundred (100) indicating
acres, and numbers more than one - hundred (100) indicating minimum square
feet of area required.
(5) Where a lot has four - thousand - five- hundred (4,500) square
feet of area or less and was of record at the time the ordinance adopting
this section became effective, said lot may be occupied by a one - family
dwelling and accessory buildings only.
(6) The minimum lot width on a cul -de -sac, knuckle or curved
frontage lot shall be forty (40) feet.
(f) FRONT YARD REQUIRED: Twenty -five (25) feet from the ultimate
right -of -way.
(g) INTERIOR SIDE YARD REQUIRED: Five (5) feet on one side, Ten
(10) feet on the opposite side.
(h) REAR YARD REQUIRED: Twenty (20) feet from the ultimate right -
of -way.
(i) SIDE STREET YARD REQUIRED: Fifteen (15) feet from the ultimate
right -of -way.
(j) DISTANCE REQUIRED BETWEEN MAIN BUILDINGS: The distance
between main buildings on the same lot shall be at least ten (10) feet.
R -3 District 61.024E
Page 7
61.024E R -3 DISTRICT
The following regulations shall apply in R -3 Multiple - family Residence
Districts:
(a) GENERAL USES PERMITTED:
(1) Uses permitted in the R -1 District as listed in subsections
61.024A(a)(4,5).
(2) Multiple dwellings of a permanent nature on each lot for
sale or rent.
(3) Boarding and lodging house.
(4) Public and private uses as follows shall be permitted if
a conditional use permit is approved as provided in Section 61.0219(o).
(A) Colleges and universities.
(B) Private schools.
(C) Fraternity and sorority houses, lodges and private
clubs except those whose chief activity is a service customarily carried
on as a business.
(D) Churches, excluding rescue missions or temporary
revival.
(E) Philanthropic and charitable institutions.
(F) Mobilehome parks on parcels of ten (10) acres or
more with a maximum density of eight (8) units per acre. The Planning
Commission in approving a conditional use permit shall designate such
lawful conditions in connection therewith as will require that the
mobilehome park be compatible with the adjacent low- density residential
uses. These conditions may include, but not be limited to:
(I) The provisions of comparable street setbacks
to those existing on adjacent residential properties.
(II) Provide for the completion of stubbed -off
streets from adjacent residential subdivision.
(I11) Provide for the diversion of mobilehome park
drainage away from the adjacent residential developments.
(IV) Provide for the diversion of mobilehome park
automobile traffic away from adjacent residential developments.
(V) And such conditions as will make possible the
development of the neighborhood in an orderly and efficient manner and
in conformity with the intent and purpose set forth in this section.
(b) PARKING REQUIREMENTS: See Section 61.0219(b).
(c) LOADING SPACE REQUIREMENTS: Loading space to be provided in
accordance with Section 61.0219(b).
(d) HEIGHT LIMITATIONS: Building or structures and the enlargement
of any buildings or structures shall be hereafter erected or maintained
not to exceed three and one -half (3 -12) stories or forty -five (45) feet
in height. However in no case, shall the height of said structures or
buildings exceed twenty (20) feet or two (2) stories within one - hundred
(100) feet of a single- family (R -1) zone or a special boulevard as
designated on the adopted Land Use Plan Map for the City of Rancho
Cucamonga.
R -3 District 64.024E
Page 8
(e) MINIMUM AREAS AND DIMENSIONS OF LOTS:
(1) Each interior lot or parcel shall have a width of not
less than eighty (80) feet at the building setback line, a depth of not
less than one - hundred (100) feet, and a net area of not less than eight -
thousand (8,000) square feet.
(2) Corner lots or parcels shall have the same width at the
building setback line and the same depth.
(3) Each lot or parcel on a dead -eand street, cul -de -sac, or
on a curved street where the side lines thereof are diverging from the
front to the rear of such lot or parcel, shall have a width of not less
than eighty (80) feet, measured along the building setback line established
by the required front yard for the main building and between the side
lines of such lot or parcel.
(4) Each lot or parcel on a curved street where the side
lines thereof are converging from the front to the rear of such lot or
parcel, shall have an average width of not less than eighty (80) feet.
(5) All buildings including accessory buildings and structures
on any lot, shall occupy not more than sixty percent (60%) of the area
of such lot.
(6) Where a minimum area requirement greater than the eight
thousand (8,000) square feet required is requested and established in
the district, it shall be designated by a number following the district
designation symbol, numbers less than one - hundred (100) indicating acres
and numbers more than one - hundred (100) indicating minimum square feet
of area required.
(7) Where a lot has four - thousand- five - hundred (4,500) square
feet of area or less and was of record at the time the ordinance adopting
this section became effective. Said lot may be occupied by no more than
two (2) family unit(s).
(8) The ordinance creating or extending an R -3 District may
limit the density of residential units. A figure in parenthesis before
the district designation symbol shall mean that the total lot area in
terms of square feet divided by the number of dwelling units placed
thereon shall be not less than said figure (Am. by Ord. 1228. Ad 4/26/65).
(9) The minimum lot width on a cul -de -sac, knuckles or curved
frontage lot shall be forty (40) feet.
(f) FRONT YARD REQUIRED: Twenty -five (25) feet from ultimate
right -of -way.
(g) INTERIOR SIDE YARD REQUIRED: Interior side yards on each side
of each lot shall be not less than ten feet in width.
(h) REAR YARD REQUIRED: Rear yards shall be at least twenty (20)
feet in depth.
(i) DISTANCE REQUIRED BETWEEN MAIN BUILDINGS:
(1) Fifteen (15) feet, except where;
(2) Buildings front to front and where arranged around an
open court shall be thirty (30) feet.
R -3 District
Page 9
61.024E
(j) SIDE STREET YARD REQUIRED: Fifteen (15) feet from the ultimate
right -of -way.
(k) OPEN SPACE REQUIRED: Each multiple dwelling unit shall be
provided with a minimum of 100 square feet of open space in a patio,
deck, atrium or other similar area.
PD uistnct b1.U'L16
Page 10
61.0216 PO (PLANNED DEVELOPMENT) COMBINING DISTRICT
(a) PURPOSE: It is the intent of this section to achieve development
superior to that which can be achieved through the application of conventional
development standards. Specifically, the purposes of this section are:
(1) Greater administrative flexibility in reviewing development
plans.
(2) Minimum disruption and maximum utilization of natural
site resources.
(3) The allowance of mixed residential land uses where desirable
and compatible.
(4) The encouragement of diversity in housing types, styles
and price ranges.
(b) SCOPE:
(1) The Planned Development is intended to be a combination
of Development review and zoning. The zone change, development review
analysis shall be conducted and reviewed simultaneously with necessary
hearings on the zone change and development review held concurrently.
(2) The maximum density of a Planned Development project
shall be determined by the general plan for the particular property and
shall not exceed the densities as listed below:
Zone District Maximum density /gross acre
R -1- 7200 -8500
8
R -1- 10000 -15000
6
R -1 -20000
4
R -1 -1
4
R -2
15
R -3
25
(3) The adequacy of the development proposal in meeting the
requirements of this section shall be determined by the Planning Commission.
(4) Unless specifically changed within this section, all
adopted City ordinances, standards and policies apply to a Planned
Development project, including those set forth in the Rancho Cucamonga
General Plan.
(c) DEFINITION: For the purpose of this section, the following
words and phrases shall have the meaning indicated:
(1) "Homeowners Association ". A private organization composed
of residents within the Planned Development project which may own common
property and shall be responsible for the maintenance and management of
commonly owned property.
(2) "Open space ". The total area of land and /or water within
boundaries of a Planned Development designed and intended for use and
enjoyment as open -space areas.
(A) Open space includes:
(I) Area of the site not covered by buildings,
paved areas, or accessory structures except recreational structures.
(II) Land which is accessible and available to all
occupants of dwelling units for which use the space is intended.
PD District 61
Page 11
(B) Open space does not include:
(I) Proposed and existing street rights -of -way and
private streets.
(II) Open parking areas, driveways.
(III) School sites.
(IV) Commercial, industrial, or office areas and
the buildings, accessory buildings, parking and loading facilities
thereof.
(3) "Open space, common ". Open space within a Planned Development
owned, designed and set aside for use by all occupants of the Planned
Development or by occupants of a designated portion of the Planned
Development. Common open space is not dedicated to the public and is
owned and maintained by a private organization made up of the open -space
users.
(4) "Open space, private ". That open space directly adjoining
the living areas of dwelling units, which is intended for the private
enjoyment of the residents of the dwelling unit. Private open space
shall in some manner be defined such that its boundaries are evident.
(5) "Planned Development ". An area of land, controlled by
the applicant to be developed as a single, unified project which meets
the standards, regulations, criteria and intent set forth in this section.
(6) "Project ". The total Planned Development area, with
boundaries as defined in the development plan.
(7) "Private streets ". Shall mean the streets and roads
within the project, used for general travel, not dedicated to the public
and shall not be construed to mean driveways, alleys or parking areas.
(d) APPLICABILITY:
(1) In making an application for a Planned Development the
applicant must show the following:
(A) The property in question shall be comprised of five
(5) gross contiguous acres or more.
(e) GENERAL USES PERMITTED: Any use shall be permitted in the
Planned Development District which is indicated by the base district for
the subject property; in addition the following uses shall be permitted:
(1) Condominiums.
(2) Zero -lot line homes i.e., dwelling units with no setback
on one side yard or one side yard and one rear yard.
(3) Patio homes i.e., detached dwelling units having private
open space and attached garages.
(f) ACCESSORY USES PERMITTED:
(1) All accessory uses permitted in the base District shall be
permitted in the Planned Development.
(2) Horses shall be permitted on lots twenty- thousand (20,000)
square feet or greater subject to the regulations of the R -1 zoning
district. Where lots are lass than twenty- thousand (20,000) square
feet, horses shall be permitted subject to the following conditions:
(A) Horses shall be clustered onto common lots.
(B) The maximum density of horses shall not exceed three
an,! two - tenths (3.2) horses per gross acre.
PD District 61.0216
Page 12
(C) All standards and regulations of the San Bernardino
Department of Environmental Health Services and the City of Rancho
Cucamonga shall apply.
(D) Maintenance and management of the clustered facilities
shall be provided by a Homeowners Association.
(g) CIRCULATION:
(1) The vehicular circulation pattern shall be designed such
tha t:
(A) It provides adequate vehicular access to and within
the project in accordance with adopted City standards.
(B) It is coordinated with external transportation
networks in terms of location and loads.
(C) It is integrated with the natural landscape.
(D) It is designed such that noise levels from vehicular
traffic shall comply with the Noise Quality Standards of the City of
Rancho Cucamonga General Plan.
(E) The Planned Development project and each phase
thereof, has two (2) points of vehicular ingress and egress from surrounding
streets, one (1) of which may be emergency only. Where the applicant
can show that this is a physical impossibility, this requirement may be
waived by the Planning Commission.
(F) Private streets are acceptable if they are built to
City Standards.
(2) The pedestrian - circulation pattern shall be designed such
that:
(A) It is separated from vehicular traffic where passible
and designed to discourage pedestrian crossing of the vehicular network,
except at controlled points which are designed for pedestrian safety.
(B) Hard - surfaced, safely lighted pedestrian access to
common open space, recreational areas, community facilities and other
logical terminal points shall be provided.
(3) All common off - street parking areas shall be designed
such that:
(A) They provide adequate, convenient, well- marked, and
safely lighted parking.
(B) With the exception of building - enclosed parking
structures, they shall contain appropriate landscaping to minimize the
effect of large areas of asphalt or concrete. Parking requirements are
listed in Section 61.0219(b)
(h) OPEN SPACE:
(1) The Planned Development project shall have a minimum of
forty percent (40;) private and common open space, not including balcony
area.
(2) Each dwelling unit shall have a minimum contiguous private
open -space area as follows:
(A) Ground Floor - two hundred - twenty five (225) square
feet.
(B) Upper -story dwelling unit with no ground floor -
one- hundred (100) square feet.
PD District — 61.0216
Page 13
(3) Provisions for the maintenance and management of the
common open space and common facilities shall be reviewed and approved
by the Planning Commission. Such approval shall be based on the following
criteria:
(A) The applicant shall establish a Homeowners Association
prior to the selling of any lot or occupancy of any dwelling unit.
(i) SITE RESOURCE UTILIZATION:
(1) The Planned Development shall be designed and developed
in such a manner as to minimize the cutting of trees, the disturbance of
ground cover, cut - and -fill work, drainage alteration and hillside development.
All tree removals shall be in accordance with City tree removal permit
procedures.
(2) A drainage analysis shall be prepared and shall accompany
the Development Plan.
(j) SITE AND STRUCTURE RELATIONSHIP:
(1) The spacing of buildings shall be governed by the building
code requirements for adequate light and air, proper access, fire regulations,
and the need for visual and auditory privacy.
(2) Whenever possible, dwelling units shall be arranged to
take advantage of views and vistas with consideration given to pleasing
relationships of building mass.
(3) The Planned Development shall be designed to minimize the
likelihood of criminal activity by:
(A) Minimizing those areas that are neither clearly
private or public.
(B) Planting landscaping such that maximum observation
is obtained while providing the desired deqree of aesthetics.
(4) Building height is regulated by the base district.
(5) No structure for human habitation shall be placed in an
environmentally hazardous, fragile, or unique area.
(6) Front and side setbacks required where applicable shall
be those of the base district and shall be landscaped except where
utilized for drives or access. In the event of varying side yard setbacks
the greater setback shall be required. In the event of zero lot line
homes and /or patio homes the greater side yard setback shall be required.
(k) SUBMITTAL ITEMS: The applicant shall submit all information
required on the Development Submittal Forms with any additions as determined
by the City Planner to be necessary to delineate the proposal.
(1) DEVELOPMENT PLAN:
(1) The applicant shall file a Development Plan which shall
include such information as will enable the Planning Commission to judge
whether the proposal meets the adapted criteria and fulfills the purposes
set out in this section. Such an application shall constitute a request
for a zone change.
(2) Such information shall include, but not be limited to
that information required as part of the submittal for Development
Review Application and Zone Changes.
PD District 61.0216
Page 14
(3) A tentative tract application shall also be filed concurrently
with the application for Development Review and Zone Change. The submittal
shall meet all requirements of the Subdivision Ordinance.
(4) A processing fee established by the City Council shall be
charged when a Planned Development application is made. A Tentative
Tract application and fee shall be filed concurently.
(5) The Planning Commission shall hold a public hearing on
the Development Plan. Upon completion of the public hearing, the
Development Plan shall be referred to the City Council with a recommendation
to approve, or approve conditionally. If the Planning Commission denies
the application, the matter shall die unless appealed to the City Council
in accordance with Section 61.222.
(A) The Planning Commission may alter the Development
Plan and impose such restrictions and conditions as it may deem necessary
to insure that the development will be in harmony with the intent and
purposes of this section and with the adopted plans and policies of the
City and /or guidelines as approved by the Planning Commission.
(6) If the Planning Commission recommended approval of the
Development Plan and zone change, the City Council shall hold a public
hearing on the Development Plan and zone change simultaneously. The
City Council shall approve or disapprove the zone change and Development
Plan. if the Development Plan is not approved the City Council shall
notify the applicant in writing of said decision. An approved plan
shall be considered as part of the ordinance approving the zone change.
Parking Requiremq+' 61.0219(b)
Page 15
61.0219 PARKING REQUIREMENTS
(b) PARKING REQUIREMENTS: These regulations are established to
provide for the on -site parking of motor vehicles that are attracted by
the use or uses on the premises. The facilities required by this section
for the parking and maneuvering of motor vehicles are assumed to be the
minimum need for such facilities created by each particular land use.
It is intended that these regulations will result in properly designed
parking areas of adequate capacity that will reduce traffic congestion,
promote increased business and enhance public safety. Every main use of
the land of every main building hereafter erected or structurally altered,
shall be provided with minimum off - street parking accommodations as
follows:
(1) General Conditions:
(A) Off- street Parking Location: The required parking
spaces shall be located on the same site with the main use or building;
on premises contiguous thereto, or in a location and developed in accordance
with a plan approved by the City Planner. Property within the ultimate
right -of -way of a street or highway shall not be used to provide required
parking or loading facilities.
(B) Change in Use: When the occupancy or use of any
premises is changed to a different use, parking to meet the requirements
of this section shall be provided for the new use or occupancy.
(C) Increase in Use: When the occupancy or use of any
premises is altered, enlarged, expanded, or intensified, additional parking
to meet the requirements of this section shall be provided for the
enlarged, expanded, altered, or intensified portion only.
(D) Where two (2) or more uses are located in a single
building or a single premise, required parking shall be provided for
each specific use.
(E) In case of a practical difficulty or hardship, a
minor deviation may be requested in accordance with the provisions of
Section 61.0219(1)(A)(V).
(2) Minimum Design Standards applicable to Multi - residential,
Administrative - Professional, Commercial, Industrial and Educational
Uses:
(A) Each parking space shall be not less than nine (9)
feet wide by nineteen (19) feet long, with adequate provisions for
ingress and egress by a standard American passenger vehicle. This
standard is applicable to all uses, including single - family and two -
family residential.
(B) One way access drives leading to aisles within a
parking area shall be a minimum width of twelve (12) feet.
(C) Where two -way traffic is desired, aisle widths and
maneuvering areas shall be a minimum width of twenty -six (26) feet.
(D) The parking area shall be designed so that a car
entering the parking area shall not be required to enter a street to
move from one location to any other location within the parking area
of premises.
(E) Parking and maneuvering areas shall be so arranged
that any vehicle entering a vehicular right -of -way can do so traveling
in i forward direction.
Parking Requireme -`c 61.0219(b)
Page 16
(F) Where curbs and gutters do not exist and where
vehicular access to the private property is not restricted by barriers,
head -in parking which would necessitate full frontage access to the
street or highway shall not be permitted.
(G) All off - street parking facilities shall be so designed
as to limit access to the private property from streets and highways to
a minimum number of standard commercial driveways per the City of Rancho
Cucamonga's Engineering Department locations and specifications.
(H) Any lights provided to illuminate such parking areas
shall be so arranged as to reflect the light away from adjoining residential
premises and public thoroughfares. (Amended by Ordinance 1413. 2/26/69)
(I) Individual parking stalls shall be clearly striped
and permanently maintained with double or hairpin lines on the surface
of the parking facility, with the two (2) lines being located an equal
nine (9) inches on either side of the stall sidelines: arrows painted on
paving shall indicate direction of traffic flow.
(J) Minimum Aisle Width for Two -way Traffic: For two -
way traffic, aisle widths and maneuvering areas shall be a minimum of
twenty -six (26) feet in width.
(K) Minimum Aisle Width for One -way Traffic:
Stall Stall
Width Length Parking Angle /Aisle Width
9.0 ft. 19.0 ft. 300/12 ft. 450/14 ft. 600/18 ft. 900/26 ft.
(3) Parking and Loading Area Requirements: Every parcel of
land hereafter used or maintained for residential parking, public parking,
private parking, new car sales lots, used car sales lots, mobilehome,
camper or trailer sales lots, boat sales lots, or other uses of a similar
nature, shall be improved as follows; including loading spaces and
access drives:
(A) Every business, commercial, hotel, hospital, institution,
industrial or special use hereinafter established or erected on land
which abuts upon a street or an alley, shall have one (1) permanently
maintained loading space of not less than ten (10) feet in width, twenty
(20) feet in length and fourteen (14) feet clear in height for each
five - thousand (5,000) square feet of building floor area provided,
however, that not more than four (4) such spaces shall be required per
use.
(B) Truck terminals or yards and motor vehicle storage /impound
facilities may be provided with a dustproofed surface of oil impregnated
slag, crushed rock or equivalent if approved by the Planning Commission,
otherwise they shall be paved with asphaltic concrete or portland concrete
cement.
(C) Where such parking areas, excepting in R -1 or R -2
Districts, abut property located in R -1, R -2 or R -3 Districts, they
shall be separated therefrom by a solid fence or masonry wall six (6)
feet in height, measured from finished grade of the parking lot, provided
such fence or wall from the front property line to a depth equal to the
required front yard on the abutting "R" classified property, shall be
four (4) feet in height, measured from finished grade of parking lot.
(D) The required parking area shall not be used for any
purpose other than the temporary parking of motor vehicles, during the
time the use that requires the parking is in operation.
Parking Requireme,'s 61. .9(b)
Page 17
(E) All parking areas shall be paved with asphaltic
concrete or concrete to the standards of the City. Additionally, all
parking and access areas shall be separated from any landscaping area by
a six (6) inch high concrete curb. Other materials as approved by the
Planning Commission may be substituted - such as bricks.
(4) Business and Commercial Uses:
(A) General business, except as herein specified: One
(1) parking space for each two - hundred (200) square feet of building
floor area. A minimum of four (4) parking spaces shall be provided.
(B) Amusement enterprises, commercial recreation and
similar uses such as shooting ranges, race tracks, miniature golf courses,
pitch and putt courses, parks and zoos: One (1) parking space for each
four (4) persons using or attending the facilities.
(C) Automobile sales, boat sales, mobilehome sales,
retail nurseries and other open uses not in a building or structure: One
(1) parking space for each two- thousand (2,000) square feet of open area
devoted to display or sales, provided, however, that where such area
exceeds ten - thousand (10,000) square feet, only one (1) parking space
need be provided for each five- thousand (5,000) square feet of such area
in excess of the first ten - thousand (10,000) square feet contained in
such area.
(p) Bowling alleys and billiard halls: Five (5) parking
spaces for each bowling lane and two (2) parking spaces for each billiard
table.
(E) Chapels and mortuaries: one (1) parking space for
each three (3) fixed seats and for every twenty -eight (28) square feet
of seating area where there are no fixed seats, all to be within the
main chapel, and one (1) parking space for each four - hundred (400)
square feet of floor area outside the main chapel. Eighteen (18) linear
inches of bench or pew shall be considered a fixed seat.
(F) Child care centers: One (1) parking space for each
employee or teacher and one (1) parking space for each five (5) children
the facility is designed to accommodate.
(G) Children's homes: One and one -half (11,;) parking
spaces for each employee on the largest shift.
(H) Churches: One (1) parking space for each four (4)
fixed seats or for every twenty -eight (28) square feet of seating area
within the main auditorium where there are no fixed seats. Eighteen
(18) linear inches of bench or pew shall be considered a fixed seat.
(1) Dance halls: One (1) parking space for each twenty
(20) square feet of dance floor area and one (1) parking space for each
three (3) fixed seats and for each twenty (20) square feet of seating
area where there are not fixed seats.
(J) Golf courses and driving ranges, but NOT to include
miniature golf courses: Four (4) parking spaces per hole on all golf
courses and one (1) parking space per tee for driving ranges.
(K) Hospital: One (1) parking space for each two (2)
patient beds and one (1) parking space for each staff member and employee
on the largest shift.
(L) Medical offices, clinics, veterinary hospitals: Five
(5) parking spaces for each doctor or dentist.
Parking Requireme�'s
Page 16
61.0219(b)
(M) Offices, banks, building and loan associations,
business and professional uses: One (1) parking space for each two -
hundred (200) square feet of floor area. A minimum of four (4) such
parking spaces shall be provided.
(N) Organization camps: One and one -half (1;) parking
spaces for each staff member and or employee.
(0) Restaurants, including drive -ins, cafes, night
clubs, taverns and other similar places where food and /or refreshment
are dispensed: One (1) parking space for each three (3) seats and for
every fifty (50) square feet of floor where seats may be placed. A
minimum of ten (10) parking spaces shall be provided.
(P) Skating rinks, ice or roller: One (1) parking space
for each three (3) fixed seats and for each twenty (20) square feet of
seating area where there are no fixed seats and one (1) parking space
for each two- hundred and fifty (250) square feot rf skating area.
Twenty -four (24) linear inches of bench shall be considered a fixed
seat.
(Q) Social care facilities: One (1) parking space for
each three (3) residents in accordance with the resident capacity of the
home as listed on the required license or permit, plus one (1) parking
space for each staff member and employee on the largest shift.
(R) Swimming pools, commercial and swimming schools: One
(1) parking space for each five hundred (500) square feet of water
surface area. A minimum of ten (10) parking spaces shall be provided.
(S) Theaters, auditoriums, stadiums, sport arenas,
gymnasiums and similar places of public assembly: One (1) parking space
for each four (4) fixed seats and for every twenty -four (24) square feet
of seating area where there are no fixed seats.
(5) Educational Uses:
(A) Schools, accredited general curriculum, kindergarten
through grade nine: One (1) parking space for each staff member, faculty
member and employee.
(B) Schools, accredited general curriculum, grade ten
through twelve, colleges and universities, business and professional
schools: One (1) parking space for each five (5) students plus one (1)
parking space for each staff member, faculty member and employee.
(C) Special schools or trade schools: One (1) parking
space for each three (3) students plus one (1) parking space for each
staff member faculty member and employee.
(6) Industrial Uses:
(A) Industrial uses of all types, including warehouses
or buildings used exclusively for storage purposes, wholesale houses and
distributors, and public utility facilities including but not limited to
electric, gas, water, telephone, and telegraph facilities not having
business offices on the premises: One (1) parking space for each employee
on the largest shift or one (1) parking space for each one - thousand
(1,000) square feet of floor area, whichever is greater, and one (1)
parking space for each vehicle operated or kept in connection with the
use.
Parking Requiremer`-, Site Approval 61.0219(b)(c)(d)
Height Requiremen•, Area Requirements (e)(f)(g)
Page 19 (( ))
(7) Residential Uses:
(A) Single Family Dwellings, Two (2) parking spaces in a
garage, or carport if approved by the Planning Commission, on the same
site with the main building for each dwelling unit. Such parking spaces
shall be located to the rear of the front setback line. Tandem parking
shall be prohibited.
(B) Multiple family dwellings: Two point two (2.2)
spaces per dwelling unit, one space shall be in a garage or carport, all
others may be open and uncovered.
(c) CLUBS: conference centers, fraternity and sorority houses,
rooming and boarding houses, and similar structures having guest rooms:
One (1) parking space for each three (3) guest rooms. In dormitories,
each one - hundred (100) square feet shall be considered equivalent to a
guest room.
(d) MOBILEHOME PARKS: Two (2) parking spaces (which may be in
tandem) on each mobilehome lot. There shall also be established and
maintained within each mobilehome park, one (1) parking space for each
ten (10) spaces or fraction thereof within the mobilehome park, for
visitor use.
(e) MOTELS, HOTELS AND MOTOR HOTELS: One (1) parking space for
each unit.
(f) WHEREVER IT IS STATED in this Code that uses may be permitted
in a district, if the location and development plan is approved as
provided in Section 61.0219(f), uses shall be required to meet all of
the requirements of Section 61.0219(o).
(g) STRUCTURAL HEIGHT REQUIREMENTS:
(I) General Buildings or structures and the enlargement of
any building or structure shall be hereafter erected, reconstructed or
maintained only in conformance with the height limit established for the
zone wherein such building or structure is located, except as hereafter
provided.
(2) Exceptions:
(A) Penthouses or roof structures for the housing of
elevators, stairways, tanks, ventilating fans or similar equipment
required to operate and maintain the buildings, and tire or parapet
walls, skylights, towers, flagpoles, chimneys, smokestacks, or similar
structures may be erected above the height limits herein prescribed, but
no penthouse or roof structures, or any space above the height limit
shall be allowed for the purpose of providing additional floor space.
(h) AREA REQUIREMENTS:
(1) General: Buildings, structures or the enlargement of
buildinq or structures hereafter erected, located or maintained on a lot
shall conform with the area regulations of the district in which the lot
is located, except as hereinafter provided:
Area Requirements 61.0219(h)
Page 20
(A) Yards for institutions, churches, etc, in "R" Districts:
(1) An institution, hospital or similar use permitted
under the use regulation of this section shall be located at least
twenty -five (25) feet from any lot or boundary line of adjoining property
in any "R" District. No required front yard or side street yard is to
be used for the parking of automobiles.
(2) A church, library or museum shall be located
at least fifteen (15) feet from side, side street and rear lot lines.
(3) In the case of a church, library or museum
where such institutions are in "R" Districts, the parking of automobiles
shall be permitted in the interior side and rear yards provided such
parking is located at least ten (10) feet from the side lot line of an
interior lot. In all instances the automobile parking areas and driveways
shall be paved with an asphaltic or concrete surfacing per city standards
and shall have appropriate bumper guards, raised concrete curbing or
other substitute approved by the Planning Commission.
(B) Yards or other open spaces required around an existing
building or which are hereafter provided around any building for the
purpose of complying with the provisions of this section, shall not be
considered as providing a yard or open space for any other building: nor
shall any yard or other required open space on an adjoining lot be
considered as providing a yard or open space on a lot whereon a building
is to be erected.
(2) Exceptions:
(A) Loading space provided in accordance with this Code
may occupy a required open rear yard.
(B) An accessory building not exceeding one (1) story or
fourteen (14) feet in height including heating and cooling units shall
be at least ten (10) feet from the nearest point of the main building
wall excluding eave overhang and three (3) feet from the side property
line. In no case, however, shall an accessory building be located in
any part of a required front yard, or side street yard, nor shall a two -
story accessory building occupy any part of a required rear yard.
(C) Cornices, eaves, belt courses, sills or other similar
architectural appendages may project to a point no more than three (3)
feet into a interior side property line. A front yard, rear yard or
street side yard provided such appendages are supported only at, or
behind, the building setback line or from the main building or structure.
(D) Fire escapes may extend or project into any required
front, side street or rear yard not more than four (4) feet.
(E) Open, unenclosed stairways, or balconies, not covered
by a roof or canopy may extend or project into a required front street
side or rear yard not more than four (4) feet.
(F) Uncovered porches, platforms, or landing places
which do not extend above the level of the ground floor of the building
or do not exceed a height of forty -eight (48) inches above grade, may
extend into any front or street side yard not more than six (6) feet and
in any interior side yard may project to a point no more than three (3)
feet from interior side property lines.
Area Requirements
Page 21
61.o219(h)
(G) Openwork fences, hedges, walls or similar landscape
architectural features, and guard railings for safety protection around
depressed ramps, if not more than four (4) feet in height, may be located
in any front or side street yard.
(N) In R Districts, a fence or wall not more than six
(6) feet in height or a hedge maintained so as not to exceed six (6)
feet in height may he located on the side or rear lot lines provided
such fence, wall or hedge does not extend into the required front yard.
(I) Swimming pools shall not be located in any required
front yard or side street yard or its projection to the rear property
line.
(J) Attached, unenclosed patio roofs may be located in
the required rear yard, provided said patio roof shall be at least five
(5) feet from the rear property line and, further, provided that the
area of said patio roof in the rear yard shall he included as a part of
the total lot coverage.
(K) On corner lots an attached or detached garage may be
located in the rear yard within five (5) feet of the rear property line
if located at least twenty (20) feet from the side street line.
(L) Fireplace structures and planting boxes may be
located in a required yard, provided they do not reduce said yard by
more than two (2) feet.
(3) Computation of Yards:
(A) If any future right -of -way line has been established
by provisions of a specific ordinance, the Adopted Circulation Plan, any
Adopted Precise Plan, the measurement of the yard shall be made from the
future right -of -way line or future property line.
Minor Deviations 61.0219(1)
Page 22
(1) MINOR DEVIATIONS
(1) In order to provide flexibility necessary to achieve the
objectives of this ordinance, selected site development regulations and
applicable off - street parking requirements generally applicable throughout
one or more zones are subject to review and minor adjustment in those
circumstances where such adjustment will be compatible with adjoining
uses. To achieve these purposes, the City Planner is empowered to
review and evaluate the applicable circumstances pertaining to each
requested adjustment, and to approve or to deny such requests and to
impose reasonable conditions upon such approval, subject to the right of
appeal.
(2) Application and Fee:
(A) An application for a minor deviation shall be filed
with the City Planner, on a fom or in such manner as the City Planner
may prescribe. When authorized by the City Planner, an application for
a minor deviation may be combined with and made a part of an application
for a building permit or other permit or approval required by the City.
(B) The application shall be accompanied by a fee established
by Resolution of the City Council.
(3) Minor Deviations Allowable:
(A) Only the following minor deviations shall be allowable,
and no applications for adjustments minor deviations in excess of the
limitations prescribed below may be accepted.
(I) Fence Height: In any zone, the City Planner
may increase the maximum height of any fence, wall, hedge or equivalent
screening by not more than 2 feet, where the topography of sloping sites
or a difference in grade between adjoining sites warrants such increase
in height to maintain a level of privacy, or to maintain effectiveness
of screening, as generally provided by such fence, wall, hedge or screening
in similar circumstances on flatter sites.
(II) Yards: In any R zone, the City Planner may
decrease the minimum yard by not more than 10 percent where the yard
does not serve as the principal pedestrian access to more than one
dwelling unit or is not required as an essential open space or recreational
amenity to the use of the site, and where such decrease will not unreasonably
affect abutting sites.
(III) Coverage: In any R zone, the City Planner
may increase the maximum coverage by not more than 10 percent of the lot
area, where such increase will promote improved site planning or architectural
design, creation or maintenance of views, or otherwise facilitate highly
desirable features or amenities, and where such increase will not unreasonably
affect abutting sites.
(IV) Off -Site Parking Facilities: The City Planner
may authorize not more than 50 percent of the required parking for a use
to be located on a site not more than 250 feet from the site of the use
for which such parking is required, where in his judgement such off -site
parking will serve the use equally as effectively and conveniently as
providina such parking on the same site as the use for which it is
required. The City Planner may require such covenants and guarantees as
deemed necessary to ensure utility, availability, and maintenance of such
joint use of off -site parking facilities.
Minor Deviations 61.0219(1)
Page 23
(V) The City Planner may authorize not more than a
10 percent reduction in the required off street parking requirements
when it is proven that it will not result in a traffic hazard or reduce
necessary parking for the use.
(4) Notification:
(A) Prior to consideration of a minor deviation the City
Planner shall cause notice to be given to applicant and contigious
property owners by certified mail 10 days prior to the decision on the
application. Said notice shall state the following:
(I) extent of request.
(II) location of request.
(III) name of applicant.
(IV) date on which a decision will be made on
said request.
(V) name of City Planner and telephone number of
City Hall.
(B) Notice of the decision on the minor deviation shall
be given to the applicant by mail within 5 days of the decision.
(5) Action by City Planner:
(A) Within 15 days after an application for a deviation
has been filed, the City Planner shall act on the application. The City
Planner may grant approval as requested in the application, or may grant
approval in a modified form or subject to conditions, or may deny the
application. Conditions may include, but shall not be limited to,
requirements for special yards, open spaces, buffers, fences, walls, and
screening; requirements for installation and maintenance of landscaping
and erosion control measures; requirements for street improvements and
dedications, regulation of vehicular ingress, egress, and traffic circulation;
regulation of signs; regulation of hours or other charateristics of
operation; requirements for maintenance of landscaping and other improvements
establishment of development schedules or time limits for performance or
completion; and such other conditions as the City Planner may deem necessary
to insure compatibility with surrounding uses, to preserve the public
health, safety, and welfare, and to enable the City Planner to exercise
the judgement required by this section.
(6) Effective Date:
(A) The decision of the City Planner shall be effective
14 calendar days after the date of the decision unless an appeal has
been filed with the Planning Commission.
(7) Appeal to Planning Commission:
(A) The decision of the Director may be appealed within
14 calendar days to the Planning Commission by the applicant or any
other person as prescribed in Section 61.0222.
(B) The Planning Commission shall hold a Public Hearing
on the application as prescribed in Section 61.0222 if an appeal has
beer. filed within the prescribed 14 day period.
(A) Appeal to City Council:
(A) The decision of the Planning Commission may be
appealed within 14 calendar days to the City Council by the applicant or
any other person as prescribed in Section 61.0222.
Minor Deviations 61.0219(1)
Page 24
(B) The City Council shall hold a Public Hearing on the
application of Minor deviations as prescribed in Section 61.0222 if an
appeal has been filed within the prescribed 14 -day period. The decision
of the City Council shall be final.
(9) Lapse of Minor Deviation Approval:
(A) Unless a longer time shall be specifically established
as a condition of approval, an approved Minor deviation shall lapse and
shall became void eighteen months following the date on which such
approval became effective, unless prior to expiration a building permit
is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the application, or a
certificate of occupancy is issued for the structure which was the
subject of the application, or the site is occupied if no building
permit or certificate of occupancy is required.
(8) An approved Minor deviation subject to lapse may be
renewed by the City Planner an additonal period of six months, provided
that prior to the expiration date, a written request for renewal is
filed with the City Planner.
(10) Modification of Minor Deviation Approval:
(A) Sections 61.0219.1(2) through 61.0219.1(7) shall
apply to an application for modification, expansion, or other change in
an approved Minor deviation, provided that minor revisions or modifications
may be approved by the City Planner if he determines that the circumstances
or conditions applicable at the time of original approval remain valid.
(11) Suspension and Revocation:
(A) Upon violation of any applicable provision of this
ordinance, or, if granted subject to conditions, upon failure to comply
with conditions, an approved Minor deviation shall be suspended upon
notification by certified mail to the applicant, owner, or operator of
the use or site.
(B) The Planning Commission shall hold a Public Hearing
within 40 days of such notification, in accord with the procedure prescribed
in Section 61.0219(o)3 and if not satisfied that the regulation, general
provision, or condition is being complied with, may revoke the Minor
deviation or take such action as may be necessary to ensure compliance
with the regulation, general provision, or condition.
(C) The decision of the Planning Commission may be
appealed as prescribed in Section 61.0219(1)8.
(12) New Applications:
(A) Follwoing the denial or revocation of a Minor
deviation no application for the same or substantially the same Minor
deviation on the same or substantially the same site shall be filed
within one year from the date of denial or revocation.
(13) Approval to Run With the Land:
(A) A Minor deviation approved pursuant to the provisions
of this section shall run with the land and shall continue to be valid
upon a change of ownership of the site or structure which was the subject
of the application.
Development Revie- 61.0219(n)
Page 25
(n) DEVELOPMENT REVIEW
(1) Purposes:
(A) In order to give the use regulations the flexibility
necessary to achieve the objectives of this ordinance, selected uses in
certain zones are allowed only subject to Development Review, and in
some instances to issuance of a permit authorizing a temporary use or a
home occupation. Because of their site development requirements or
operating characteristics, such uses require special consideration so
that they may be located and operated in accord with the objectives of
the zoning regulations and in a manner wholly compatible with uses on
surrounding properties. The Development Review process is intended to
afford an opportunity for review and evaluation of these requirements
and characteristics, and to ensure adequate mitigation of any potential
unfavorable impacts on nearby uses. To achieve these purposes, the City
Planner or the Planning Commission, as may be applicable, are empowered
to review and evaluate the applicable circumstances pertaining to each
use subject to Development Review, and to grant or deny applications
therefore and to impose reasonable conditions upon such approval, subject
to the right of appeal.
(2) Application and Fee:
(A) Application for Development Review shall be filed
with the City Planner on a form prescribed by the City Planner and shall
include the following data and maps:
(I) Name and address of the applicant.
(II) Address and legal description of the property.
(III) If the applicant is not the legal owner of the
property, a statement that the applicant is the authorized agent of the
owner of the property.
(IV) A statement describing the nature and operating
characteristics of the proposed use, including any data pertinent to the
findings required for approval of the application. For uses involving
public assembly or industrial processing, or uses potentially generating
high volumes of vehicular traffic, the City Planner may require specific
information relative to the anticipated peak loads and peak use periods,
relative to industrial processes and the ability of the use to meet
performance standards, or substantiating the adequacy of proposed parking,
loading, and circulation facilities.
(V) Site plans, preliminary building elevations,
preliminary improvement plans, and such additional maps and drawings,
all fully dimensioned, as required to illustrate the following:
(a) Existing and proposed location and arrangement
of uses on the site, and on abutting sites within 100 feet.
(b) Existing and proposed site improvement,
buildings, and other structures on the site, and any off -site improvements
related to or necessitated by the proposed use. Building elevations
shall be sufficient to indicate the general height, bulk, scale, and
architectural character.
(c) Existing and proposed topography, grading,
landscaping, and screening, irrigation facilities, and erosion control
measures.
Development Revi 61.0219(n)
Page 26
(d) Existing and proposed parking, loading,
and traffic and pedestrian circulation features, both on the site and
any off -site facilities or improvements related to or necessitated by
the proposed use.
(VI) The City Planner may require additional information
or plans, necessary to enable complete analysis and evaluation of the
application. The application shall be accompanied by a fee established
by Resolution of the City Council.
(3) Action by City Planner:
(A) Not more than 30 days after acceptance of an application
for Development Review, the City Planner shall act on the application.
The City Planner may grant approval as requested in the application, or
may grant approval in a modified form or subject to conditions, or may
deny the application. Conditions may include, but shall not be limited
to, requirements for special yards, open spaces, buffers, fences,
walls, and screening; requirements for installation and maintenance of
landscaping and erosion control measures; requirements for street improvements
and dedications, regulation of vehicular ingress, egress, and traffic
circulation; regulation of signs; regulation of hours or other characteristics
of operation; requirements for maintenance of landscaping and other
improvements; establishment of development schedules or time limits for
performance or completion; and such other conditions as the City Planner
may deem necessary to insure compatibility with surrounding uses, to
preserve the public health, safety, and welfare, and to enable the City
Planner to make the findings required by Section 61.0219(n)5.
(B) If, in the opinion of the City Planner, the application
for Development Review involves unusual site development requirements or
unique operating characteristics, or raises questions of development
policy substantially more significant than generally pertain to applications
for development review and which require Planning Commission consideration,
the City Planner shall refer the application to the Planning Commission
for action within 30 days of acceptance of the application for Development
Review. The City Planner shall notify the applicant of such referral by
mail.
(4) Action by the Planning Commission:
(A) The Commission may grant approval as requested in
the application, may grant approval in a modified farm or subject to
conditions, or may deny the application. Conditions may include, but
shall not be limited to, requirements for special yards, open spaces,
buffers, fences, walls, and screening; requirements for installation and
maintenance of landscaping and erosion control measures; requirements
for street improvements and dedications, regulation of vehicular ingress
and egress, and traffic circulation; regulation of signs; regulation of
hours or other characteristics of operation; requirements for maintenance
of landscaping and other improvements; establishment of development
schedules or time limits for performance or completion; and such other
conditions as the Commission may deem necessary to insure compatibility
with surrounding uses, to preserve the public health, safety, and welfare,
and to enable the Commission to make the findings required by Section
61.0219(n)5.
Development Revie- ( 61.0219(n)
Page 27
(5) Findings:
(A) The City Planner, or the Planning Commission if
applicable, shall make the following findings before granting approval
pursuant to Development Review:
(1) That the proposed use is in accord with the
objectives of this ordinance and the purposes of the zone in which the
site is located.
(II) 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 properties or
improvements in the vicinity.
(III) That the proposed use will comply with each of
the applicable provisions of this ordinance.
(6) Effective Date:
(A) The decision of the City Planner, or the Planning
Commission if applicable, shall be effective 14 calendar days after the
date of the decision unless an appeal has been filed with the Planning
Commission or the City Council if applicable.
(7) Appeal to City Council:
(A) A decision of the City Planner, or the Planning
Commission if applicable, may be appealed within 14 calendar days to the
Planning Commission or City Council if applicable, by the applicant or
any other person as prescribed in Section 61.0222.
(B) The City Council shall hold a Public Hearing on a
Development Review application as prescribed in Section 61.0222 if an
appeal has been filed within the prescribed 14 -day period. The decision
of the City Council shall be final.
(8) Lapse of Development Approval:
(A) Unless a longer time shall be specifically established
as a condition of approval, a Development Review approval shall lapse
and shall become void eighteen months following the date on which such
approval became effective, unless prior to the expiration of eighteen
months a building permit is issued and construction is commenced and
diligently pursued toward completion on the site which was the subject
of the application, or a certificate of occupancy is issued for the
structure which was the subject of the application, or the site is
occupied if no building permit or certificate of occupancy is required.
(B) A Development Review approval subject to lapse may
be renewed by the City Planner for an additional period of one year,
provided that prior to the expiration date, a written request for renewal
is filed with the City Planner. Applications originally approved by the
City Planner may be extended by the City Planner. If the application
was approved by the Planning Commission, it may be extended by the
Planning Commission.
(9) Modification of Development Review Approval:
(A) Sections 61.0219(n)2 through 61.0219(n)8 shall apply
to an application for modification, expansion, or other change in a
Development Review authorization, provided that minor revisions or
modifications may be approved by the City Planner if he determines that
the circumstances or conditions applicable at the time of original
approval remain valid, and that changes would not affect the findings
pr ^scribed in Section 61.0219(n)5.
Conditional Use P/�-mi is
Page 28 r
61.0219(n)(o)
(10) Suspension and Revocation:
(A) Upon violation of any applicable provision of this
ordinance, or, if granted subject to conditions, upon failure to comply
with conditions, a Development Review authorization shall be suspended
upon notification by certified mail to the applicant, owner, or operator
of a use authorized pursuant to Development Review.
(o) CONDITIONAL USE PERMITS
(1) Purposes:
(A) In order to give the use regulations the flexibility
necessary to achieve the objectives of this ordinance, selected uses in
certain zones are allowed only subject to the granting of a Conditional
Use Permit. Because of their unusual site development requirements or
unique operating characteristics, uses subject to a Conditional Use
Permit require special consideration so that they may be located and
operated in accord with the objectives of the zoning regulations and in
a manner wholly compatible with uses on surrounding properties and
within the City at large. The Conditional Use Permit process is intended
to afford an opportunity for broad public review and evaluation of these
requirements and characteristics, to ensure adequate mitigation of any
potentially unfavorable impacts, and to provide for adjustment of certain
site development regulations and performance standards when authorized
by the zoning regulations. To achieve these purposes, the Planning
Commission is empowered to conduct public hearings, to review the applicable
circumstances pertaining to each use subject to conditional use review,
to evaluate such adjustments as allowed by the zoning regulations, and
to grant or deny applications for a Conditional Use Permit and to impose
reasonable conditions upon such approval, subject to the right of appeal.
In order to achieve these purposes, the Planning Commission is empowered
to grant and to deny applications for use permits for such conditional
uses in such zones as are prescribed in the zone regulations and to
impose reasonable conditions upon the granting of Conditional Use Permits,
subject to the right of appeal to the City Council or to review by the
City Council. In all cases Conditional Use Permits are required for
shopping centers.
(2) Application and Fee:
(A) Application for a Conditional Use Permit shall be
filed with the City Planner on a form prescribed by the City Planner and
shall include the following data and maps:
(I) Name and address of the applicant.
(ii) Address and legal description of the property.
(III) If the applicant is not the legal owner of the
property, a statement that the applicant is the authorized agent of the
owner of the property.
(IV) A statement describing the requested use, or
describing the nature and operating characteristics of the proposed use,
including any data pertinent to the findings required for approval of
the application.
(V) Three sets of typed, gunned labels listing the
name, address and the assessors parcel number of all property owners
within a radius of 300 feet of the exterior boundaries of the subject
property. The list shall be obtained from the latest equalized assessment
rolls of the San Bernardino County Assessor's office and keyed to a
radius map drawn on Assessors Parcel maps.
Conditional Use P --mits 61.0219(0)
Page 29
(VI) Site plans, preliminary building elevations,
preliminary improvement plans, and such additional maps and drawings,
all fully dimensioned, as required to illustrate the following:
(a) Existing and proposed location and arrangement
of uses on the site, and on abutting sites within 100 feet.
(b) Existing and proposed site improvements,
buildings, and other structures on the site, and any off -site improvements
related to or necessitated by the proposed use. Building elevations
shall be sufficient to indicate the general height, bulk, scale, and
architectural character.
(c) Existing and proposed topography, grading,
landscaping, and screening, irrigation facilities, and erosion control
measures.
(d) Existing and proposed parking, loading,
and traffic and pedestrian circulation features, both on the site and
any off -site facilities or improvements related to or necessitated by
the proposed use.
(B) The City Planner may require additional information
or plans, necessary to enable complete analysis and evaluation of the
application.
(C) The application shall be accompanied by a fee established
by Resolution of the City Council.
(3) Public Hearing:
(A) The Planning Commission shall hold at least one
Public Hearing on each application for a Conditional Use Permit. The
hearing shall be set and notice given as prescribed below:
(I) No Lice shall be given to the applicant by mail
at least 10 days prior to the date of the hearing.
(II) Notice shall be given to owners and occupants
of sites within 300 feet of the subject property by certified mail at
least 10 days prior to the date of the meeting.
(III) Notice shall be given by publication at least
10 days prior to the date of the hearing.
(IV) At the option of the City Planner, additional
notice may be given to any or all owners or occupants of sites within
600 feet of the subject property by regular mail at least 10 days prior
to the date of the hearing. At a public hearing, the Commission shall
review the application, and drawings submitted therewith and shall
receive pertinent evidence concerning the application, particularly with
respect to the findings prescribed in Section 61.0219(0)5.
(B) The City Planner shall make an investigation of the
application and shall prepare a report thereon which shall be available
to the Planning Commission and to the applicant prior to the public
hearing.
(C) Notice of the decision of the Planning Commission on
a Conditional Use Permit shall be given to the applicant by mail within
5 days of the decision by the Commission.
(4) Action by the Planning Commission:
(A) Nat more than 21 days following the closing of the
Public Hearing on a Conditional Use Permit, the Planning Commission
shall act on the application. The Commission may grant a Conditional
Use Permit as the permit was applied for or in a modified form or subject
to conditions, or may deny the application. Conditions may include, but
shall not be limited to, requirements for special yards, open spaces,
Conditional Use P —• its ( 61.0219(o)
Page 30
buffers, fences, walls, and screening; requirements for installation and
maintenance of landscaping and erosion control measures; requirements
for street improvements and dedications, regulation of vehicular ingress
and egress, and traffic circulation; regulation of signs; regulation of
hours or other characteristics of operation; requirements for maintenance
of landscaping and other improvements; establishment of development
schedules or time limits for performance or completion; and such other
conditions as the Commission may deem necessary to insure compatibility
with surrounding uses, to preserve the public health, safety, and welfare,
and to enable the Commission to make the findings required by Section
61.0219(o)5.
(5) Findings:
(A) The Planning Commission shall make the following
findings before granting a Conditional Use Permit:
(I) That the proposed use is in accord with the
General Plan, the objectives of this ordinance, and the purposes of the
zone in which the site is located.
(II) 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 properties or improvements in the
vicinity.
(III)That the proposed use will comply with each of
the applicable provisions of this ordinance.
(6) Effective Date:
(A) The decision of the Planning Commission shall be
effective 14 days after the date of the decision unless an appeal has
been filed with the City Council.
(7) Appeal to City Council:
(A) A decision of the Planning Commission may be appealed
within 14 calendar days to the City Council by the applicant or any
other person as prescribed in Section 61.0222.
(B) The City Council shall hold a Public Hearing on a
Conditional Use Permit as prescribed in Section 61.0222 if an appeal has
been filed within the prescribed 14 -day period. The decision of the
City Council shall be final.
(8) Lapse of a Conditional Use Permit:
(A) Unless a longer time shall be specifically established
as a condition of approval, a Conditional Use Permit shall lapse and
shall become void eighteen months following the date on which such
permit became effective, unless prior to the expiration of eighteen
months a building permit is issued and construction is commenced and
diligently pursued toward completion on the site which was the subject
of the application, or a certificate of occupancy is issued for the
structure which was the subject of the application, or the site is
occupied if no building permit or certificate of occupancy is required.
(B) A Conditional Use Permit subject to lapse may be
renewed by the Planning Commission for an additional period of one year,
provided that prior to the expiration date, a written request for renewal
is filed with the City Planner.
(C) The Planning Commission may grant or deny an application
for renewal.
Conditional Use Pc -mits 61.0219(o)
Page 31
(9) Pre - Existing Conditional Uses:
(A) A use legally established pursuant to a Conditional
Use Permit, Site Approval, or Location and Development Plan Approval
prior to the effective date of this ordinance or prior to the effective
date of subsequent amendments to the regulations or zone boundaries
shall be deemed a pre - existing conditional use and shall be permitted to
continue, provided that it is operated and maintained in accord with the
conditions prescribed at the time of its establishment, if any.
(B) Alteration or expansion of a pre- existing conditional
use shall be permitted only upon the granting of a Conditional Use
Permit as prescribed in this Chapter, provided that alterations not
exceeding $2,500 in value as determined by the Building Official shall
be permitted without the granting of a Conditional Use Permit.
(C) A Conditional Use Permit shall be required for the
reconstruction of a structure housing a pre- existing conditional use if
the structure is destroyed by fire or other calamity, by act of God, or
by the public enemy to a greater extent than 50 percent. The extent of
damage or partial destruction shall be based upon the ratio of the
estimated cost of restoring the structure to its condition prior to such
damage or partial destruction to the estimated cost after depreciation,
of duplicating the entire structure as it existed prior thereto. Estimates
for this purpose shall be made by or shall he reviewed and approved by
the City Engineer and Building Official and shall be based on the minimum
cost of construction in compliance with the Building Code.
(D) A Conditional Use Permit or Location and Development
_ Plan filed with and approved by the County of San Bernardino prior to
incorporation of the City of Rancho Cucamonga, shall become null and
void upon the effective date of this ordinance, unless such has been
activated by the occupancy of the site, commencement of the use or
issuance of a building permit.
(10) Modification of Conditional Use;
(A) Sections 61.0219(o)2 through 61.0219(0)8 shall apply
to an application for modification, expansion, or other change in a
Conditional Use Permit, provided that minor revisions or modifications
may be approved by the City Planner if he determines that the circumstances
or conditions applicable at the time of original approval remain valid,
and that changes would not affect the findings prescribed in Section
61.0219(0)5.
(11) Suspension and Revocation:
(A) Upon violation of any applicable provision of this
ordinance, or, if granted subject to conditions, upon failure to comply
with conditions, a Conditional Use Permit shall be suspended upon notification
by certified mail to the applicant, owner, or operator of a use subject
to a Conditional Use Permit.
(B) The Planning Commission shall hold a Public Hearing
within 40 days of such notification, in accord with the procedure prescribed
in Section 61.0219(o)3, and if not satisfied that the regulation,
general provision, or condition is being complied with, may revoke the
Conditional Use Permit or take such action as may be necessary to ensure
compliance with the regulation, general provision, or condition. Within
14 days following the date of a decision of the Commission revoking a
Use Permit or location and development plan, the City Planner shall
transmit to the City Council written notice of the decision. The decision
Conditional Use Pe^nits
Page 32
shall become final 28 days following the date on
location and development plan was revoked unless
filed within the prescribed 14 -day appeal period,
61.0219(o)7 shall apply.
(12) New Applications:
61.0219(o)
which the Use Permit or
an appeal has been
in which case Section
(A) Following the denial or revocation of a Conditional
Use Permit application, no application for a Conditional Use Permit for
the same or substantially the same use on the same or substantially the
same site shall be filed within one year from the date of denial or
revocation.
(13) Approval to Run With the Land:
(A) A Conditional Use Permit granted pursuant to the
provisions of this chapter shall run with the land and shall continue to
be valid upon a change of ownership of the site or structure which was
the subject of the Conditional Use Permit application.
(14) Concurrent Applications:
(A) Application for Development Review and for a Conditional
Use Permit including the same property may be made concurrently. In
such event„ responsibility for action on the Development Review application
shall be vested in the Planning Commission.
(B) Application for a Conditional Use Permit may be made
concurrently with an application for a change in zone boundaries including
the same property, subject to the fee applicable for both a Conditional
Use Permit and for a rezoning application. The Planning Commission
shall hold the public hearing on the zoning reclassification and the
Conditional Use Permit at the same meeting and may combine the two
hearings. For the purposes of this section, the date of the Commission
decision on the Conditional Use Permit application shall be deemed to be
the same as the date of enactment by the City Council of an ordinance
changing the zone boundaries, provided that if the Council modifies a
recommendation of the Commission on a zoning reclassification, the
Conditional Use Permit application shall be reconsidered by the Commission
in the same manner as a new application,
Variances - 61.0220
Page 33
(a) VARIANCES
(1) Purposes and Authorization:
(A) Variances from the terms of the Zoning Ordinance
shall be granted only when, because of special circumstances applicable
to the property, including size, shape, topography, location or surroundings,
the strict application of the Zoning Ordinance deprives such property of
privileges enjoyed by other property in the vicintiy and under identical
zoning classification. Any Variance granted shall be subject to such
conditions as will assure that the adjustment thereby authorized shall
not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which such
property is situated.
(B) The Planning Commission may grant Variances to the
regulations prescribed by this chapter, in accord with the procedure
prescribed in this chapter, with respect to fences, walls, hedges,
screening, and landscaping; site area, width, and depth; front rear, and
side yards; coverage; height of structures; landscaping; usable open
space; performance standards; and off - street parking and loading facilities.
(C) The power to grant Variances does not extend to use
regulations. Flexibility to the zoning regulations is provided pursuant
to Development Review and Conditional Use Permit provisions of this
ordinance.
(2) Application and Fee:
(A) Application for a Variance shall be filed with the
City Planner on a form prescribed by the City Planner and shall include
the following data and maps:
(I) Name and address of the applicant.
(II) Address and legal description of the property.
(111)lf the applicant is not the legal owner of the
property, a statement that the applicant is the authorized agent of the
owner If the property.
(IV) A statement describing the precise nature of
the Variance requested and the practical difficulty or unnecessary
physical hardship that would result from a strict or literal interpretation
and enforcement of the specified regulation, together with any other
data pertinent to the findings required of the Variance.
(V) Three sets of typed, gummed labels listing the
name, address and the assessors parcel number of all property owners
within a radius of 300 feet of the exterior boundaries of the subject
property. The list shall be obtained from the latest equalized assessment
rolls of the San Bernardino County Assessors Office and keyed to a
radius map drawn on Assessors Parcel maps.
(VI) Site plans, preliminary building elevations,
preliminary improvement plans, and such additional maps and drawings,
all fully dimensioned, as required to illustrate the following, to the
extent related to the Variance application:
(a) Existing and proposed location and arrangement
of uses on the site, and on abutting sites within 100 feet.
(b) Existing and proposed site improvements,
buildings, and other structures on the site, and any off -site improvements
related to or necessitated by the proposed Variance. Building elevations
shall be sufficient to indicate the general height, bulk, scale, and
architectural character.
Variances 61.0220
Page 34
(c) Existing and proposed topography, grading,
landscaping, and screening, irrigation facilities, and erosion control
measures.
(d) Existing and proposed parking, loading,
and traffic and pedestrian circulation features, both on the site and
any off -site facilities or improvements related to or necessitated by
the proposed Variance.
(B) The City Planner may require additonal information
or plans, if they are necessary to enable to complete analysis and
evaluation of the application, and a determination as to whether the
circumstances prescribed for the granting of a Variance exist.
(C) The application shall be accompanied by a fee established
by Resolution of the City Council. A single application may include
requests for Variances from more than one regulation applicable to the
same site, or for similar Variances on 2 or more adjacent sites with
similar characteristics.
(3) Public Hearing and Action:
(A) The Planning Commission shall hold at least one
public hearing on each application for a Variance. The hearing shall be
set and notice given as prescribed below:
(I) Notice shall be given to the applicant by
certified mail at least 10 days prior to the date of the hearing.
(II) Notice shall be given to owners of sites
within 300 feet of the subject property by certified mail at least 10
days prior to the date of the meeting.
(III) Notice shall be given by publication at least
10 days prior to the date of the hearing.
(IV) At the option of the City Planner, additional
notice may be given to any or all owners of sites within 300 feet of the
subject property by regular mail at least 10 days prior to the date of
the hearing. At a public hearing, the Commission shall review the
application, and drawings submitted therewith and shall receive pertinent
evidence concerning the application, particularly with respect to the
findings prescribed in Section 61.0220(5).
(B) The City Planner shall make an investigation of the
application and shall prepare a report thereon which shall be available
to the Planning Commission and to the applicant prior to the Public
hearing.
(C) Notice of the decision of the Planning Commission on
a Variance shall be given to the applicant by mail within 5 days of the
decision by the Commission.
(4) Action by the Planning Commission:
(A) Not more than 21 days following the close of the
public hearing on a Variance application, the Planning Commission shall
act on the application. The Commission may grant a Variance as the
Variance was applied for or in modified form, or subject to conditions,
or the application may be denied. A Variance may be revocable, may be
granted for a limited time period, or may be granted subject to conditions
as the Commission may prescribe.
(5) Finaings:
(A) The Planning Commission shall, on the basis of the
application and the evidence submitted, make findings of fact that
establish that the circumstances prescribed below do apply, before
granting a Variance:
Variances
Page 35
61.0220
(I) That strict or literal interpretation and
enforcement of the specified regulation would result in practical difficulty
or unnecessary physical hardship inconsistent with the objectives of
this chapter.
(I1) That there are exceptional or extraordinary
circumstances or conditions applicable to the property involved or to
the intended use of the property that do not apply generally to other
properties in the same zone.
(III) That strict or literal interpretation and
enforcement of the specified regulation would deprive the applicant of
privileges enjoyed by the owners of other properties in the same zone.
(IV) That the granting of the Variance will not
constitute a grant of special privilege inconsistent with the limitations
on other properties classified in the same zone.
(V) That the granting of the Variance will not be
detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity,
(g) Parking; Additional Findings: The Planning Commission
may grant a Variance to a regulation prescribed by this ordinance with
respect to off - street parking or loading facilities if, on the basis of
the application and the evidence submitted, the Commission makes findings
of fact that establish that the following additional circumstances also
apply:
(I) That neither present nor anticipated future
traffic volumes generated by the use of the site or the uses of sites in
the vicinity reasonably require strict or literal interpretation and
enforcement of the specified regulation.
(11) That the granting of the Variance will not
result in the parking or loading of vehicles on public streets in such a
manner as to interfere with the free flow of traffic of the streets.
(I11) That the granting of the Variance will not
create a safety hazard or any other condition inconsistent with the
objectives of this ordinance,
(6) Effective Date of Variance:
(A) A decision of the Planning Commission on a Variance
shall be effective 14 calendar days after the date of the decision
unless an appeal has been filed with the City Council.
(7) Appeal to City Council:
(A) A decision of the Planning Commission on a Variance
may be appealed within 14 calendar days to the City Council by the
applicant or any other person as prescribed in Section 61.0222.
(S) The City Council shall hold a public hearing on a
Variance as prescribed in Section 61.0222 if an appeal has been filed
within the prescribed 14 -day period. The decision of the City Council
shall be final.
(8) Lapse of Variance:
(A) Unless a longer time period shall be specifically
established as a condition of approval, a Variance shall lapse and shall
become void eighteen months following the date on which the Variance
became effective, unless prior to the expiration of eighteen months a
building permit is issued and construction is commenced and diligently
pursued toward completion on the site which was the subject of the
Variance application, or a certificate of occupancy is issued for the
site or structure which was the subject of the Variance application, or
the site is occupied if no building permit or certificate of occupancy
is required,
Variances 61.0220
Page 36
(B) A Variance subject to lapse may be renewed by the
Planning Commission for an additional period of one year, provided that
prior to the expiration date, a written request for renewal is filed
with the City Planner.
(C) The Planning Commission may grant or deny an application
for renewal.
(9) Suspension and Revocation:
(A) Upon violation of any applicable provision of this
' ordinance, or, if granted subject to conditions, upon failure to comply
with conditions, a Variance shall be suspended upon notification by
certified mail to the applicant, owner, or operator of the use subject
to the Variance.
(B) The Planning Commission shall hold a Public Hearing
within 40 days of such notification, in accord with the procedure prescribed
in Section 61.0220(3) and if not satisfied that the regulation, general
provision, or condition is being complied with, may revoke the Variance
or take such action as may be necessary to ensure compliance with the
regulation, general provision, or condition.
(C) Within 14 days following the date of a decision of
the Commission revoking a Variance, the City Planner shall transmit to
the City Council written notice of the decision. The decision shall
become final 28 days following the date on which the Variance was revoked
unless an appeal has been filed within the prescribed 14 day appeal
period, in which case Section 61.0220(7) shall apply.
(10) New Applications:
(A) Following the denial or revocation of a Variance
application, no application for the same or substantially the same
Variance on the same or substantially the same site shall be filed
within one year of the date of denial or revocation.
(11) Variance to Run With Land Or Structure:
(A) Unless otherwise specified at the time a Variance is
granted, a Variance shall run with the land and shall continue to be
valid upon a change of ownership of the site or structure to which it
applies.
Admendments 61,0221
Paoe 31
(a) AMENDMENTS
(1) Initiation:
(A) A change in the boundaries of any zone may be initiated
by the owner or the authorized agent of the owner of property by filing
an application for a change in zone boundaries (rezoning) as prescribed
in this chapter. If the property for which rezoning is proposed is in
more than one ownership, all the owners or their authorized agents shall
join in filing the application.
(B) A change in the boundaries of any zone or a change
in the regulations may be initiated by the City Planning Commission or
the Council.
(2) Application and Fee:
(A) Application for rezoning shall be filed with the
City Planner on a form prescribed by the City Planner and shall include
the following data and maps:
(I) Name and address of the applicant.
(II) Address and legal description of the property.
(III)If the applicant is not the legal owner of the
property, statement that the applicant is the authorized agent of the
owner of the property for which rezoning is proposed.
(IV) An accurate scale drawing of the site and the
surrounding area showing existing streets and property lines, and existing
and proposed zone boundaries, for a distance determined by the City
Planner to be necessary to illustrate the relationship to and impact on
the surrounding area, but not less than 300 feet or more than 600 feet
from the property proposed for rezoning.
(B) The City Planner may require addi�ional information
or maps if they are necessary to enable the Commission to determine
whether the change is consistent with the objectives of this ordinance.
(C) An application initiated by a property owner shall
be accompanied by a fee established by Resolution of the City Council.
(3) Public Hearing:
(A) The Planning Commission shall hold at least one
public hearing on each application for a change of zone. The hearing
shall be set and notice given as prescribed below:
(1) Notice shall be given to the applicant by
certified mail at least 10 days prior to the date of the hearing.
(I1) Notice shall be given to owners of sites
within 300 feet of the subject property by certified mail at least 10
days prior to the date of the meeting.
(III) Notice shall be given by publication at least
10 days prior to the date of the hearing.
(IV) At the option of the City Planner, additional
notice may be given to any or all owners of sites within 300 feet of the
subject property by regular mail at least 10 days prior to the date of
the hearing. At a public hearing, the Commission shall review the
application, and drawings submitted therewith and shall receive pertinent
evidence concerning the application, particularly with respect to the
findings prescribed in Section 61.0221(4).
(V) Three sets of typed, gummed labels listing the
name, address and the assessors parcel number of all property owners
within a radius of 300 feet of the exterior boundaries of the subject
property. The list shall be obtained from the latest equalized assessment
Amendments 61
Page 38
rolls of the San Bernardino County Assessors Office and keyed to a
radius map drawn on Assessors Parcel maps.
(B) The City Planner shall make an investigation of the
application and shall prepare a report thereon which shall be available
to the Planning Commission and to the applicant prior to the Public
Hearing.
(C) Notice of the decision of the Planning Commission On
a change of zone shall be given to the applicant by mail within 5 days
of the decision by the Commission.
(4) Action by the Planning Commission:
(A) Not more than 21 days following the closing of the
public hearing, the Planning Commission shall make a specific finding as
to whether the change is consistent with the objectives of this ordinance
and with the General Plan, and shall recommend to the City Council that
the rezoning or change be granted, granted in modif;ed form, or rejected.
(5) Alternative Classification in Lieu of Proposed Classification:
(A) When the Commission determines, following a public
hearing on a proposed rezoning, that a change to a zone classification
other than the proposed classification specified in the hearing notice
is desirable, the Commission may recommend alternate classifications in
accord with the following schedule:
Proposed Zone Described Alternate Zones That
In Public Hearing Notice ML Be Considered
A NONE
R 1 -1 A
R -1 -20 A or R -1 -1
R -1 -10 A, R -1 -20 or R -1 -1
R -1 -7 A, R -1 -10, R -1 -20 or R -1 -1
R -2 A or any R -1
R -3 A or R -2
AP A
C -1 A or AP
C -2 A or AP or C -1
MR A or none
M -1 A or MR
M -2 A or MR or M -1
Any Combining Zone None, except as applicable
to any proposed base zone
(B) In order to more properly accommodate these alternate
zone classifications, the notice of public hearing shall indicate the
alternate classifications, if any, which the Planning Commission or City
Council may consider.
(6) Appeal to the City Council;
(A) A decision of the Planning Commission involving an
application for a change in zone boundaries may be appealed to the City
Council within 14 calendar days by the applicant or any other person as
prescribed in Section 61.0222.
Amendments C 61.0221
Page 39
(7) Action by the City Council:
(A) Not more than 40 days following receipt of the
recommendation of the Planning Commission, the City Council shall hold
at least one public hearing on the rezoning or change, provided that no
hearing shall be held on a proposed rezoning or change which has been
recommended for denial by the Planning Commission unless an appeal is
filed by the applicant or any other person as prescribed in Section
61.0222. The hearing shall be set and notice given as prescribed in
Section 61.0222. Within 21 days following the closing of a public
hearing, the Council shall make a specific finding as to whether the
change is consistent with the objectives of this ordinance and with the
General Plan. If the Council finds that the change is consistent, it
shall introduce an ordinance amending the Zoning Map or zoning regulations,
whichever is appropriate. If the Council finds that the change is not
consistent, it shall deny the application or reject the proposal, The
Council shall not modify a recommendation of the Planning Commission on
a rezoning or change until it has requested and considered a report of
the Commission on the modification, Failure of the Commission to report
within 30 days after receipt of the Council request shall be deemed
concurrence,
(S) New Application:
(A) Following the denial of an application for a change
in zone boundaries or a change in the zoning regulations, an application
or request for the same or substantially the same change shall not be
filed within one year of the date of denial.
(9) Change of Zoning Map:
(A) A change in zone boundaries shall be indicated by
listing on the zoning map the number of the ordinance amending the map.
(10) Prezoning:
(A) For the purpose of establishing zoning regulations
to become effective only upon annexation of property outside the corporate
boundaries of the City of Rancho Cucamonga, prezoning may be considered.
Prezoning is subject to the same procedural requirements as prescribed
for property within the City. Any ordinance duly passed by the City
Council establishing or changing such classification shall become effective
only upon the effective date of annexation of such property to the City
of Rancho Cucamonga.
(B) Upon passage of an ordinance establishing the applicable
zone designation for property outside the City, the zoning map shall be
revised to show the potential or "prezoned" classification to became
effective upon annexation, and shall identify each zone or zones applicable
to such property with the label or nomenclature "PREZONED" in addition
to such other map designation as may be applicable.
f
ut R,
CITY COUNCIL MINUTES
Regular Meeting
1. CALL TO ORDER.
The regular meeting of the City Council was held in the Lion's Park Community Center,
9161 Base Line Road, Rancho Cucamonga, on Wednesday, November 19, 1980. The meeting
was called to order at 7:02 p.m. by Mayor Phillip D. Schlosser who led in the pledge
of allegiance to the flag.
Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palumbo, Arthur H.
Bridge, and Mayor Phillip D. Schlosser.
Also present: City Manager, Lauren Wasserman; Assistant City Manager, Jim Robinson;
City Attorney, Samuel Crowe; Community Development Director, Jack Lam; City Planner,
Barry Hogan; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community
Services Director, Bill Holley.
Approval of Minutes of September 3, 1980: The minutes had previously been submitted
for approval. However, discussion on items which had been removed from the Consent
Calendar had been omitted. Motion: Moved by Palombo, seconded by Mikels to approve
the corrected minutes, Motion carried 5 -0.
2. ANNOUNCEMENTS.
a. Ruth Fletcher, an employee of the Community Services Department, introduced
a gentleman who was directing a vaudville presentation with the Senior Citizens.
He was requesting the Council's financial assistance. Mayor Schlosser said
that he would see he received the needed help.
b. Leonard Corczyca had been elected Chairman of the Historical Commission for
1981.
C. Monday, November 24 at 1:30 p.m. there would be a meeting in the Central School
District Office at which time the County would be presenting the lastest proposal
for the law and justice center.
d. Mikels had attended a meeting with the Los Angeles Airport Board of Commissioners.
He said it was unanimously decided to increase the study area boundaries for the
ground access study and to incorporate Rancho Cucamonga in the committee.
e. Schlosser announced that the Council and Fire District held a meeting to discuss
the possibility of the Fire District becoming a part of the city. A committee
had been formed to study the feasibility of this with Councilman Mikels being
appointed the Chairman and Councilman Palombo serving as a member. Two repre-
sentatives from the Fire District Board would also serve on the committee along
with staff members from the Fire District and the City. The purpose of the
committee was to investigate the feasibility of merging the Fire District with the
the City.
f. Councilman Frost said he had attended a meeting in Riverside which was conducted
by the United California Bank regarding the outlook for 1981. He briefly out-
lined the points covered at the meeting regarding the forecasting systeming and
how it works.
g. Frost announced that he had attended a "town meeting" held in Etiwanda on the
13th of November. He said that concern was expressed by the residents that the
city was overextending themselves with the abundance of meetings and concerned
about the adequacy of the job because of the total hours involved.
h. Mikels expressed that his six -month term on the Finance Committee had expired.
Motion: Moved by Frost, seconded by Mikels to appoint Palombo for the next term
of six months on the Finance Committee, Motion carried unanimouslv 5 -0.
3. CONSENT CALENDAR.
Councilman Palombo requested an explanation by staff on item "d ", authorization
to submit a grant application to the California Solid Waste Management Board.
Mr. Wasserman said this was a program we had participated in before and felt
it was a worthwhile in order to do some cleanup work in the city.
Councilman Mikels asked if item "i ", upgrading of reproduction equipment, was a
budgeted item. Mr. Empey said it was not; however, the present machine has a
capacity of approximately 40,000 copies per month. The Community Development
Department alone is producing approximately 45,000 copies per month. Therefore,
staff is recommending that money be appropriated from the contingency fund and
placed in the Community Development Department account for the upgrading of this
equipment.
Councilman Mikels requested for an itemization of expenditures from the contingency
fund this year. Mr. Empey said he would see that this was put in the Council's
mail boxes.
The following Consent Calendar was presented to Council for approval.
a. Approval of Warrants - Register No. 80 -11 -19 for $523,555.77.
b. Alcoholic Beverage License for off -sale general. Forrest L. and Lilianue
M. Perry, Perry's Farm Mart, 9477 Foothill Boulevard.
C. Authorization to submit a grant application to the California Solid Waste
Management Board for equipment to further control litter within Rancho
Cucamonga. Amount of grant application: $7,471.00.
Recommend: It is recommended that the City Council adopt Resolution No.
80 -104 authorizing the submittal of an application to participate in the
California State Solid Waste Management Grant Program (litter control).
RESOLUTION NO. 80 -104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE
APPLICATION FOR GRANT FUNDS UNDER THE SOLID
WASTE MANAGEMENT ACT OF 1980.
d. Set public hearing for December 3, 1980 on the Subdivision Ordinance.
e. Approval to advetise Church Street and Highland Avenue reconstruction
project. Recommendation: It is recommended that the City Council approve
the advertising of Church Street and Highland Avenue Reconstruction Project.
the reconstruction work will include the resurfacing, reconstruction, and
minor widening of Church Street from Archibald to Hermosa and Highland
Avenue from Hermosa to Haven.
f. Acceptance of Bonds and Agreements for Parcel Map No. 6322. Located on
the north side of Foothill Boulevard east of Vineyard. Owner: Lewis
Development Co, and Developer: G.V.D. Commercial Properties, Inc.
Faithful Performance $233,000
Labor d Material 111,500
RESOLUTION NO. 80 -105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL
MAP NUMBER 6322, (TENTATIVE PARCEL MAP NO. 6322),
IMPROVEMENT AGREEMENT, AND I.MPROVEIENT SECURITY.
g. Release of Bonds.
Parcel Yap 4907: located on the northeast corner of Cleveland and 4th Streets.
Owner: Kaeor Development Co.
Cash Staking Bond $ 2,500
Minor Subdivision 78 -0046: located at Hellman Avenue and 9th Street. Owner:
Mr. A. W. Davies.
Faithful Performance Bond (road) $11,000
h. Acquisition of Industrial Equipment Trailer.
Recommendation: It is recommended that the City Council authorize the Finance
Director to purchase one Industrial Equipment Trailer and to award the bid to
Turner Inc., the lowest qualified bidder, as per city specifications, for the
bid price of 56,000.00.
i. Upgrading of Reproduction Equipment.
Recommendation: It is recommended that the City Council authorize the Finance
Director to proceed with the rental of an IBM Copier III with the reduction
feature at a total cost of $768.57 per month for the first 15,000 copies.
Copies in excess of this would cost .0173 cents per copy, and those copies
exceeding 30,000 for .011 cents per copy.
Motion: Moved by Mikels, seconded by Palombo to approve the Consent Calendar.
Motion carried unanimously 5 -0.
4. CONTI \y ED ITEM: SOLID WASTE DISPOSAL FRANCHISE AGREEMENT. Item had been con-
tinued from the October 15, 1980 City Council meeting.
Mayor Schlosser introduced the item by stating that at the October 15 meeting the
Council heard the citizens' position. This evening the Council would state their
position.
Each Councilman then stated his personal views regarding the refuse franchise.
After each Councilman had an opportunity to express his views, the following directions
were given to Staff:
1. There were not to be strict mandatory requirements, but to allow for
exemptions to those requesting to take trash to the dump themselves pro-
viding they keep the receipts to show trash is being disposed of
properly.
2. There are to be no territorial rate differences, but one rate throughout
the City. Also, to keep the territorial boundaries as they are.
3. There are to be no limits on the number of containers, but a limit set on
weight, size, etc. (No large items such as furniture, applicances, rocks,
etc..).
4. There is to be a special senior citizens' rate. Staff is to come up with
suggestions for defining the term, "senior citizen."
5. To continue with the three month pre - payment as already established.
6. Rates are to be rolled back to the previous rate before the last increase.
Council will approve all rates in the future.
7. There is to be an annual review by the City Council by action. This is
not to be part of the Consent Calendar,
9. The companies are to be put on notice that the amoritization oeriod starts.
To have a continual, rolling five -year intervals in the contracts.
9. To rescind all current agreements.
Page G
Motion: 'loved by Bridge, seconded by Palombo that the policies discussed be
incorporated into a new ordinance and be presented to Council at the December
17 meeting. Motion carried unanimously 5 -0.
Mayor Schlosser called a recess at 8:30 p.m. The meeting reconvened at 8:55 p.m. with
all members of Council and staff present.
5. PUBLIC HEARINGS.
5A. VACATION OF A PORTION OF CENTER AVENUE. Staff had recommended this be denied
since there had not been any response from the applicant. However, a letter had
been received after the agenda packets had been put together from the applicant
stating that they would be happy to commit to a Landscape Maintenance Agreement
and desired the approval of the vacation of Center Avenue. Therefore, Mr. Hobbs
stated it was his recommendation to continue this item.
Motion: Moved by Mikels, seconded by Palombo to continue this item to the December
17 meeting. Motion carried unanimously 5 -0.
Councilman Frost asked what would be the benefit from a landscape maintenance
agreement and what if we chose not to vacate? He stated that he felt we would
lose our options if we went with an agreement.
58. INTERIM ZONING ORDINANCE AMENDMENT NO. 80 -02. Amendments to the San Bernardino
County Land Use and building regulations as adopted by Ordinance No. 17 of the
City of Rancho Cucamonga.
Mr. Wasserman requested that this item be continued to the December 3 City Council
meeting. Councilman Mikels requested that the ordinance be reviewed tonight so that
if there were any changes, and he had several to recommend, they could be made and
the ordinance be given a new first reading.
Bruce Chitiea said there were many in the audience who would like this item to be
delaved for two weeks so they could have the opportunity to read the documents.
The City Attorney reminded Council that the meeting had to be opened officially for
public hearing since it was listed as a public hearing on the agenda. Council
decided to proceed with the item and to take public input.
Barry Hogan presented the staff report.
Jim Robinson read the title of Ordinance No. 123 since the City Clerk had stepped
away from the Council table. Motion: Moved by Palombo, seconded by Bridge to waive
further reading of Ordinance No. 123. Motion carried unanimously 5 -0.
ORDINANCE NO. 123 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RESI-
DENTIAL, PARKING, PLANNED DEVELOPMENT, AND
ADMINISTRATION SECTIONS OF THE INTERIM ZONING
ORDINANCE.
Mayor Schlosser opened the meeting for public hearing.
Those addressing Council were:
Charles Snyder, 9152 Hidden Farm Road. He opposed the increase in density
for the area north of Hillside Road.
Al Thayer, 9164 Hidden Farm Road. He said he and his neighbors came tonight
because thev had heard there was a 650 unit condominium development that
was proposed above Hillside.
Mr. Lam said that staff had heard this also, but such an application has not
been submitted to the City yet. He said that the developer could apply for
such a development and request a zone change. It does not mean he would get
it. Also, any resident within 300 feet of a project would be notified of any
application for a zone change. Mr. Hogan also stated that no application would
be approved until after the General Plan was approved.
Mr. Thayer asked Mr. Lam if the changes which were being proposed would make
such a filing easier to occur? Mr. Lam said that the proposes in the ordinance
whether they are approved or not would not affect the individual's ability to
ask for such a project.
Glen Davis, 9195 Hidden Farm Road. He asked when would the General Plan be
approved. Mr. Lam said probably not until after the first of the year.
Ray Thomas, Hillside Road, wanted to know what the maximum density was for
the area above Hillside. Mr. Hogan said there is not any given maximum density,
simply a minimum lot size of 20,000 square feet. Mr. Thomas also asked what
did the bonus consist of and why was it given? Mr. Hogan answered that it was an
increase in density. Bonuses were given for good plans that utilized rpace well.
It did not mean there would be more units per acre, but better clustering
which utilized open space, equestrial trails, etc.
Doug Hone expressed that it would be best if this issue went back to the
Planning Commission and to put a limit on that area.
Bruce Chitiea said that more public education was necessary since they did not
have the background and did not understand the terminologies used.
There being no further comments from the public, the Mayor closed the public hearing.
Sam Crowe, the city attorney, said it would always be possible to request a zone
change. No one is protected by this ordinance or any other ordinance from a
future zone change.
After some Council discussion, it was decided by Council to continue the entire
matter to the December 3, 1980 meeting.
5C. ZONE CHANGE REQUEST NO. 80 -18 - R. J. Investments. A change of zone from
R -1 -T to R -3 on 5.5 acres of land located south of Foothill Boulevard, west of
Foothill Boulevard, west of Baker Avenue. Barry Hogan presented the staff report.
Jim Robinson, Assistant City Manager, read title of Ordinance No. 125. Motion:
Moved by Palombo, seconded by Bridge to waive further reading of the Ordinance.
Motion carried by the following vote: AYES: Frost, Palumbo, Bridge, and Schlosser.
NOES: None. ABSENT: None. ABSTAINED: Mikels since his home was near the proposed
zone change.
ORDINANCE N0, 125 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, REZONING
ASSESSOR'S PARCEL NUMBER 207- 191 -49 -48 FROM
R -1 TO R -3 LOCATED ON THE SOUTH SIDE OF FOOT-
HILL BOULEVARD, WEST OF BAKER AVENUE.
Mayor Schlosser opened the meeting for public hearing. Those addressing Council were:
Glen Ogden, 8324 Comet. He expressed opposition to the zone change.
Don Carson, 8317 Comet. Expressed concern for lack of buffering with his property.
Alan Snapp, architect for the project.
William Fukutaki, Vice President of R and J.
There being no further comments from the public, Mayor Schlosser closed the public
hearing. Second reading fcr Ordinance No. 125 was set for the December 3, 1980 City
Council meeting.
5D. ZONE CHANGE REQUEST NO. 80 -19 - Diversified. A zone change request for 16
acres of land located on the northeast corner of Base Line and Archibald from R -1 -5
(single family residential) to A -P (administrative - professional) and R -3 (multiple
family residential) - APN 201 - 181 -12, 21, and 22. Staff report by Barry Hogan.
City Clerk Wasserman read title of Ordinance No. 126. Motion: Moved by Mikels, seconded
by Palombo to waive further reading. Motion carried unanimously 5 -0.
ORDINANCE NO. 126 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, REZONING
ASSESSOR'S PARCEL NUMBER 201 - 181 -12, 21, AND
22.
Mayor Schlosser opened the meeting for public hearing.
Jan Peterson, representing Diversified of Costa Mesa, encouraged
Council to approve the zone change request.
There being no further comments from the public, Mayor Schlosser closed the public
hearing. There being no comments from the Council, Mayor set December 3 for second
reading of Ordinance No. 126.
5E. ZONE CHANGE NO. 80 -20 - Vanguard. A zone change request from R -R to R -1 on
10 acres of land located north of Arrow Highway, east of Archibald Avenue at the
eastern terminus of Cerise and Placer Streets - APN 208- 311 -01. Barry Hogan pre-
sented the staff report.
Mr. Wasserman said he had received a letter by Mr. Russell R. Shimahara in which
he addressed several issues. Mr. Wasserman said he felt these could be responded
to and resolved by letter before the next Council meeting.
City Clerk Wasserman read title of Ordinance No. 127. Motion: Moved by Mikels,
seconded by Palombo to waive further reading. Motion carried unanimously 5 -0.
ORDINANCE NO. 127 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, REZONING
ASSESSOR'S PARCEL NUMBER 208- 311 -01 FROM R -R
TO R -1 LOCATED ON THE NORTH SIDE OF ARROW
HIGHWAY AND EAST OF ARCHIBALD AVENUE.
Mayor Schlosser opened the meeting for public hearing. Those addressing Council
were:
Ceryl Oechsmer, 9674 Arrow Highway. She wanted to be assured she would
receive notification of any proposed changes.
.Jack Sweeney. He asked questions as to what R -1 zone really was.
There being no further comments from the public, the Mayor closed the public hearing.
There was no discussion by Council, therefore the Mayor set December 3 for second
reading of Ordinance No. 127,
rdinance establishing regulations ofL the �location Vand review of
in the C -2 general business district. Lauren Wasserman presented
the staff report.
City Clerk Wasserman read the title of Ordinance No. 45 -C. Motion: Moved by Mikels,
seconded by Palombo to waive further reading. Motion carried unanimously 5 -0.
ORDINANCE NO. 45 -C (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING REGU-
LATIONS FOR THE LOCATION AND REVIEW OF ADULT
BUSINESSES IN THE C -2 (GENERAL BUSINESS) DISTRICT.
Mayor Schlosser opened the meeting for public hearing. There being no response
from the public, the hearing was closed. There being no discussion from the Council,
the Mayor set December 3 for second reading of Ordinance No. 45 -C.
Havor Schlosser called a recess at 11:00 p.m. The meeting reconvened at 11:15 p.m.
with all members of the Council and staff present.
6. CITY MANAGER'S STAFF REPORTS.
report
Proposed issue deals with a project by Lewis Homes for a 450 acre development
within the sphere of the City of Rancho Cucamonga located northerly of the
extension of Etiwanda Avenue in the foothills area.
Councilman Palombo asked the City Attorney what the next step should be?
Sam Crowe answered that they have not yet received the complete files from the
County. That would be the first step.
Councilman Frost suggested that a letter be sent to the Board of Supervisors
over the mayor's signature telling them that we have directed our city attorney
to investigate and to follow up with legal action.
Motion: Moved by Frost, seconded by Palombo to authorize the mayor to send
a letter to the Board of Supervisors apprising them that the Council has directed
the city attorney to investigate the feasibility of proceeding with legal action.
Motion carried unanimously 5 -0.
Page 8
6B. GENERAL PLAN SUPPLEMENT REQUEST. The draft General Plan has been completed
by the consulting firm of Sedway /Cooke, and an Executive Suaunary of the document
will be prepared for distribution within the community. A total of 18,000 copies
will be printed for distribution. Staff report was presented by Barry Hogan.
Motion: Moved by Mikels, seconded by Palombo to approve an appropriation of
$6,000 to cover the cost of mailing, distribution, and printing of the Executive
Summary of the General Plan providing that the Council see a draft of the Executive
Summary before it goes to press.
Mr. Hogan stated that this needed to be done quickly and staff would not have time
to come back to Council for approval through the agenda. Council concurred that
approval could be given on a one -to -one basis.
Motion unanimously carried 5 -0.
6C. FLOOD CONTROL BENEFIT ASSESSMENT PROGRAM. Lloyd Hobbs presented an oral report.
Motion: Moved by Mikels, seconded by Bridge to set the rate assessment fee at
$32.00 in Section 3 of Resolution No. 80 -107. Motion unanimously carried 5 -0.
Motion: Moved by Mikels, seconded by Frost to approve Resolution No. 80 -107
with the addition of Section 6 to read as follows: "That the formula by which
the Assessments are levied be re- evaluated. ", and to waive entire reading of
Resolution No. 80 -107. Motion carried unanimously 5 -0. City Clerk Wasserman read
title of Resolution No. a0 -1M.
RESOLUTION NO. 80 -107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING
"BENEFIT ASSESSMENT PROGRAM FOR FLOOD CONTROL
IN SAN BERNARDINO COUNTY.
6D. REQUEST ADDITIONAL FUNDS FOR PLANNING AIDE AND PART -TIME CLERICAL
ASSISTANCE FOR THE PLANNING DIVISION. Staff report by Jack Lam.
Motion: Moved by Mikels, seconded by Bridge to approve the request for a
planning aide and part -time clerical assistance for the Planning Division, and to
authorize the Finance Director to transfer the required $13,500 from the Engineering
Division budget to the Planning Division budget. Motion unanimously carried 5 -0.
7. CITY ATTORNEY'S REPORTS. There were none.
8. ADDITIONAL ITEM: Mayor Schlosser presented a proclamation to declare November
23 -29 as National Family Week. Council concurred in authorizing the mayor to sign
the Proclamation.
9. ADJOURNMENT. Motion: Moved by Palombo, seconded by Frost to adjourn. The motion
carried unanimously 5 -0. The meeting adjourned at 11:55 P.M.
Respectfully submitted,
,4f to . .. "t t_....
Beverly Authelet
Deputy City Clerk