Loading...
HomeMy WebLinkAbout1980/12/03 - Agenda PacketV' GCCn,N0,1, s° °v QTY OF RANCHO QJCANIONGA CITY COUNCIL Z AGENDA U > 1977 December 3, 1980 All items submitted for the City Council agenda must be in writing. The dead- line for submitting items is 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_, Mikels_, Palombo_, Bridge_, and Schlosser_ C. Approval of Minutes: November 5, 1980. 2. CONSENT CALENDAR. 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. a. Approval of Warrants - Register No. 80 -12 -3 b. Alcoholic Beverage License for Dorothy E. Heinemann, 1 The Cub, 8411 Foothill Boulevard -- on -sale beer and wine, c. Alcoholic Beverage License for Sun Pacific Airlines, Inc. for Bud Grossberg, Samuel P. Crowe, Weldon Gadberry, Robert Jensen, Joseph Tavaglione, Ronald Wayne Burkle, Sun Pacific Airlines, 9223 Archibald Avenue -- on -sale general. d. Forward Claim from Rodney J. Heathcock to the City Attorney for handling. e. Forward Claim from Keith Allen Baker to the City Attorney for handling. I 3 16 f. Authorization for the Deputy City Clerk to attend 20 Lhe 1981 City Clerks Institute, January 14 -16 in Sacramento. Estimated cost: $200.00. City Council Agenda -2- December 3, 1980 g. Reimbursement Agreement for Engineering on Industrial Assessment District: Approval of agreement to allow reimbursement of $25,000 in Assessment Engineering and Legal Counsel for Assessment District 79 -1. These funds would only be reimbursed if the district is approved and formed. 23 h. Contract Addendum to Carnelian Street Realignment 30 Project: Approval of extra work to cover the cost of structural design of the expansion of a box cul- vert required to complete the Carnelian Street re- alignment. i. Vineyard Avenue Design Services: Approval of contract 39 with C G Engineering to complete right -of -way acquisition, railroad coordination, and design of the Vineyard Avenue FAU project. Rescind approval by contract with the City of Ontario for similar services. j. Acceptance of Parcel Map No. 5505: Recommend that Council accept the subject map which consists of four parcels located on the north side of Almond Street, east of Sapphire. 43 RESOLUTION NO. 80 -108 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 5505 (TENTATIVE PARCEL MAP NO. 5505). k. Approval of Parcel Map No. 5922: Recommend that Council authorize the City Clerk and City Engineer to sign the subject map. The map consists of four parcels located at the southeast corner of 19th Street and Jasper Street. 46 RESOLUTION NO. 80 -109 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5922 (TENTATIVE PARCEL NO. 5922), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. 1. Tract 9350: located on the west side of Sapphire Street between Banyan and 19th Street. Owner: Loma Rancho Homes. Release of bonds: Faithful Performance Bond (slope planting) in the amount of $6,600 City Council Agenda -3- December 3, 1980 m. Approval of Contract for Services to Establish 54 Computer Terminal Facilities for the Fiscal Model. n. Set December 17,1980 for public hearing on Environ- mental Assessment and Planned Development No. 80 -02 -- Lesney. A change of zone request from R -1 -5 (single family residential) to P.D. (planned development) for 10 acres located on the northwest corner of Hermosa and Base Line Road, and the development of a 117 lot townhouse development consisting of 114 dwelling units APN 202 - 182 -13. o. Set December 17, 1980 for public hearing on Environ- mental Assessment and Zone Change No. 80 -15 -- Landmark. A change of zone from A -1 (limited agricultural) to R -2 (two family residential) for 12 acres located west of Beryl, south of Mignonette - APN 202 - 032 -71. p. Set December 17,1980 for public hearing on the Subdivision Ordinance. q. Authorization for part -time clerk typist for the Community Services Department through June 30, 1981. 60 r. Approval of Railroad Spur Crossing: It is recommended 61 that Council approve a resolution authorizing the — — mayor to sign petitions submitted by the Railway Company. RESOLUTION NO. 80 -110 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PETITION BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO CONSTRUCT A SPUR LINE ACROSS EIGHTH STREET 2,912.5 FEET WEST OF ROCHESTER AVENUE. s. Amendment to city facility leases: It is recommended 65 that Council renew the lease for units A, B, C -1, and C -2 for a two -year period. City Council Agenda -4- December 3, 1980 3. PUBLIC HEARINGS. A. AN ORDINANCE ADOPTING BUILDING REGULATIONS. Jerry Grant, Building Official, will present the staff report. 70 ORDINANCE NO. 122 (second reading) - 99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATE- MENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING CODE STANDARDS, AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. B. INTERIM ZONING ORDINANCE AMENDMENT NO. 80 -02, Amendments _ 128 to the San Bernardi County Land Use and Building re- gulations as adopted by Ordinance No. 17. under ORDINANCE NO. 123 (second reading) separate cover 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. C. ZONE CHANGE REQUEST NO. 80 -18 - R. J. Investments. A change of zone from R- -T to R -3 on 5.5 acres of land located south of Foothill Boulevard, west of Foothill Boulevard, west of Baker Avenue. 143 ORDINANCE NO. 125 (second reading) - 149 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. D. ZONE CHANGE REQUEST NO. 80 -19 - Diversified. A zone 150 change request for 16 acres of 5—n—d-rocated on the northeastcorner 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. City Council Agenda -5- December 3, 1980 ORDINANCE NO. 126 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 201- 181 -12, 21, AND 22. E. ZONE CHANGE NO. 80 -20 - Vangua rd. 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. 152 153 ORDINANCE NO. 127 (second reading) 155 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. F. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 155 N0. 80 -03 -Adult Businesses. An ordinance estab ishing regulations of the location and review of adult businesses in the C -2 general business district. ORDINANCE N0. 45 -C (second reading) 157 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. G. ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. _1 160 FOR TRACTS NOS. X176, 9225, 9435, and 9567. It is recommended that Council approve the resolution ordering the annexation of Tract Nos. 9176, 92 ?.5, 9435, and 9567 to Landscape Maintenance District No. 1. RESOLUTION NO. 80 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NUMBER 1 FOR TRACT NOS. 9176, 9225, 9435, AND 9567. 169 H. APPEAL OF TREE REMOVAL PERMIT ISSUED FOR GLEN FRANKLIN. 170 The City has received an appeal foF an approved Tree Removal Permit to remove eleven eucalyptus and palm trees located at 6730 Hellman Avenue. City Council Agenda -6- December 3, 1980 4. CITY MANAGER'S STAFF REPORTS. A. APPEAL OF DECISION REGARDING THE RED HILL COFFEE 173 SHOP SIGN. Report by Barry Hogan. S. ONTARIO GROUND ACCESS STUDY. An oral report will 196 Fe presented by Lloyd Hubbs. C. ADVISORY COMMISSION RECOMMENDATION REGARDING THE 197 VICTORIA PLANNED COMMUNITY. Oral report by Jim Robinson. D. APPROVAL TO NEGOTIATE FOR ENGINEERING CONSULTING 199 SERVICES. Report by Lloyd Hubbs. 5. CITY ATTORNEY'S REPORTS. 6. COUNCIL MATTERS. 7. ADJOURNMENT. ANNOUNCEMENTS OF FUTURE MEETINGS Monday, December 1 at 7:00 p.m.: General Plan Hearing (Land Use and Housing discussion). Alta Loma Junior High School Cafetorium. Tuesday, December 4 at 6:30 p.m.: Storm Drain Committee Meeting. Lion's Park Community Center, West Gallery Room. Tuesday, December 9 at 7:00 p.m.: Historical Commission meeting. Lion's Park Community Center. Monday, December 15 at 7:00 p.m.: General Plan Hearing (Land Use and Housing discussion). Meeting has been cancelled, but to be rescheduled. Monday, December 29 at 7:00 p.m.: General Plan Hearing (Circu- lation, Transportation, Trails, Parks discussion). Cucamonga Neighborhood Facility, 9791 Arrow Highway. t' FOOTHILL FIRE PROTECTION DISTRICT P. 0. Box 35 6623 Amethyst Street Rancho Cucamonga, CA. 91701 (714) 987 -2535 December 1, 1980 Mr.. Lauren Wasserman, City Manager City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA 91730 Dear Mr. Wasserman: Recently, I circulated numerous articles concerning combustible roof coverings and their effects on the spread of fire to the members of the City Council. I am certain you are aware of the recent conflagrations which Southern California has been experiencing. Annually during this season, we experience Santa Ana winds which often exceed 50 miles per hour. These winds account for a large dollar loss to communities due to pronerty damage. When a fire occurs during a windstorm, the problem is com- pounded. Each and every year, millions of dollars in valuable watershed are lost, and a tremendous loss to wild- life occurs. All the conflagrations we have just experienced began as small fires. These fires grew in intensity and traveled great distances by consuming all the available combustibles in their Paths. Trees, brush, etc., are the most common available combustibles which support the intensity of the fires. These combustibles are all composed of wood, which ignites easily, burns very rapidly, generates great heat, and often gives off flying fire particles or "brands ". The flying brands are then picked up by the winds and are often deposited considerable distances from the actual fire scene. They need only to land in dry brush or on a wood roof to create an additional dangerous situation. Mr. Lauren Wasserman December 1, 1990 Page Two Wood roofs are designed and constructed to renal water. This feature is the main reason that, once a fire on a wood roof has started, it is next to impossible to extinguish without adequate manpower with knowledge in fire suppression principles. Wood shingles or shakes, once involved in fire, burn not only on the exterior surface, but on the underside which is exposed to the attic area. The attic area becomes easily involved and, no matter how much water is applied externally, the fire will continue to burn, causing tremendous damage, if not total loss. Presently within our community, we have many combustible roofs; many of these form acres of nothing but wood roofs. We now have large areas of roofs that present a very serious threat to our community, and to allow such develop- ments to continue to be built, we would be, in effect, stating that we are willing to run the risk involved. An ordinance is presently being formulated that will regu- late the use of wood roofs in our "high hazard" area. It is my opinion that the ordinance should eliminate or at least regulate combustible roof coverings in the entire city. This opinion has been formed as a result of the experiences I have encountered over fourteen years, including numerous occasions where fires have extended from rooftop to roof- top. The Rosewood fire in Ontario is the largest local situation in which I have been involved. The major reason why wood roofs are desired by individuals and developers is that they are aesthetically pleasing. Today, non - combustible roof coverings are available that impressively resemble the present combustible roofing materials, but provide a much larger margin of safety. Some non - combustible roof coverings may increase the original cost of the house. Insurance companies are now looking into providing reduced rates for homes which have a non - combustible roof covering. When such rates are developed, this would eventually offset the difference in original cost. Mr. Lauren Wasserman December 1, 1980 Page Three It is my recommendation that an ordinance be drafted and adopted that would prohibit any future development from utilizing a combustible roof covering. It is my sincere hope that you will take this recommendation into consideration while finalizing the drafting of the ordinance concerning roof construction. If I can be of any further assistance, please do not hesitate to contact me at your convenience. Res ectfull submitted, Kenneth C. Walke rcel� Battalion Chief /Fire Marshal KCW:va cc: Chief Lee Residents survey fire - blackened Carbon Canyon BY DINAR ROSE Staff Writer Most of the raidenes of Carbm Carryon bad returned th their homes, ready to start clasdng up after We flee Brews by daybreak this Many never Ida despite ay. and .stayed to midday to protect and stayed to try to protect Weir property. Hamner Bob Kelley sat wearily utride bin hone after conducting an early morning ride to check the damage. "Vie lost the outbuildings, feed, 'and a slack M lumber I was going b use to build a new barn," he said. "And I just found a couple of Mad of 'cattle brand." He added that most of the cluckena on his Bar -K Ranch bad also been killed. "Yale know you have to put up with Ibis sort of dung in our area, but that doesn't Duke It any aster" Ray Mod Shirley Mum, neighbors of Kelley s Dear the Carbon Canyon Park, are caretakers for We 7,000 •cent of Shell Oil Co. property in the area. "The Weep are what saved we house," said Mrs. Muno this morning. "You can tell where they grazed the grass down, the fife burned right up to that point and then burned itself ml." Some residents chose to follow evacuaOLU M orders. and spent part w all of the night in community centers and other public buildings Most returned home early this morning. The sky over Carbon Canyon was filled with smoke from parts of the fie that were contained, but still burning. The line of blackened scrub ran to a small service road bordering a new condominium oM Shane Good stood Ibis family mailbox on Carbon Canyon Road "We staved up all night to watch the fire,' he said, "but it dde t get to the house. My dad was kind of scared though. We got everything packed up in case we had to leave in a hurry ." He paused to watch airplanes and helicopters still circling the area. "It got really close though." Paul Simpson, owner of a small nursery south of the Carbon Canyon Park, looked at the remains of a 16- fool trailer he had used as an office and occaswnat sleeping quarters. He kicked at a hardened pool Of molten metal "I'd Say at least 60 percent of my five acres Is burned," he said. "And Concluded oo Page 7, Column 7 Its II 'I'II HAWN DAFT t FL=: ; Am,luao, acrd,s m.rv. vallh,O r..i I.d„ and bemrs hunting n n the r tong news. our rtru.d almost hear therh,.ru, of •action sal ling in on our Sant,, Ana wind, [rem, inn d. the other 99 states, "Those trav ('aldor mane' Every rear about alas time. Cabforrua wouliern the orld over are fas,• cted and puzzled bi people who old expensive homes to fire prone areas only to see em ban down —and then they build there agmn. in e same way Out -of -state ob.,cner, think we are citing the most foolish people in the world And they are right. We are foolish lnd eil because we do not take the ne. ssary precautions for maximum satiny from our re- irrent natural disasters:. Like the two little pigs that nit their homes of straw and wood. we have ignored ie obvious for the eVedtenk and nearly every year ave had m pay the price. ' Now. as the fire season of 1980 draws to a close, what s we do so that past tragedies will not again be re- rated in the years to come.' The answer Ices in both governmental and individual ctnon. Together, lad officials and the citizens who lest them can bring about dramatic reductions in the umber of homes last in Southern California fires 'Me first and highest order of business should be for canny supervisors and city councilmen throughnnt ahforma to enact strong. uniform fir,-red,dant-rool- te ordinances. The evidence is overwhelming that lost st -- rat�tres begin when burning embers blown v hot, dry Santa Ana winds land on combustible weal Oafs. When the temperatures are high and the humidr- r low, these roofs are like kindling waning for a spark. ust last weekend in Duarte. during fierce Santa Ana ands. 33 homes burned to the ground. All but two had ntreatcdwoodroofs. ' The fate of these hom is holds a lesson fora +o itM1- rn California residents. Most of the destroyed hectic, ,ere not mountain homes surrounded by dry brush o-thirds of them were in the middle of a typical his B, m,il neighborhood with streets and lawns and drive- = just like the me;dnay of Los Angeles County res- lrnces :: ^^ n! c:. w6rt hr: wr lave m Duarte or Ilnw- 'v. can a . it l to he complacent when d comes to fire ill of our homes are suhp et to the effect. of Sams Ana vend conditions. If there I: a fire in the vicinity, regard eta or as Origin. nor homes can become the next fire 'L1LLQie[. This t, by last July 10 a county law was passed to- jmnng fire- retardant roofing for new construction in it unincorporated areas of the county, whether hillvde r f6uland. Thr wisdom of thus law was borne nuu only a ow weeks later in Ilouslnn. when 29 apartment hodd- Fires: the Hazards ings with wood - shingle roofs caught fire. Thew build- ings were adjacent to others with fire mmrdant roofs. The maidentsof the buildings protected by treated roofs had homes to return to that night. Those who lived in the 400 destroyed apartment unit did not. he simple solution to this needless tragedy is in re- quire roofing materials that are fire resistant These materials are available in a wide variety of looks and textures, ranging from toe to rock to asphalt shingles. They can be adapted m virtually any roof .style and arc coin. tnwely priced In fact. asphalt shingles cost only ha,f the price of cedar roofing. ?here are those who will argue that government should not mfnnge on the personal clinic Its Of its rdirenx when it comes to home cocc rur;ton if a lie rsun wants W inn the risks of fire. the reasoning god, Ihen that is his or her ntlividual right The prehlrm with this logic is th it all the rest of u, end up .suhadixmg the supposed "ugh I, -of the careless hnmrnwner. We pay in three wars -In increased trnursnce ral tr -.. sa na r meurame rom- armies rover the losses of a few' by an ::mg Ili, rates for rvrr,on, — Through our state and federal taxes for the cost of disaster services and low - interest loans to these who lose property. — Through our local saxes for the direct tact of fire suppression and then, when the rains come. of flood control So. when we speak of fire - prevention rules and ordi- nances, we arc not talking about individual property rights but of collective responsibility. Since the problem and the solution seem ro he clear. one might assume that every community in Southern California would have strong roofing ordmanees.lum as they have electrical. plumbing and structural codes to protect the pubhe safety Ito of the RI canes in Los An geles County. 6.1 stall have on roof nig laws at all Ever since 1961. when the hirl Air fire destroyed 450 homes. I have fought for fire- retardant -roofing regnircmenls During Ihcse yezre the evidence has mounted Most no tarty. in IWO. we lost IR7 homes to brash fire, and in 1979, 255 home, were lost in the Parrfi, palisades and Malibu areas Year after year ! prnpcsed roofing ordmanres only to have Inv mntinna ci,ro. ed all for nor. rrasnn —be n it no nosh ne Idbc) '6 'hr cedar md,!cl ry has used all o i of uenrr to kill an i norna ordi nanrc despde the m mnnv of ('Dunn Farr Thief (Tyne foaplen and despd the rernmmendawui, of ion Fare Chi, a. A, r. of Cah forma and the tialrnul Farr Pre eroon Assn calling slatewull and naUnnwnv law- regatnng fire- rrbrd.n rrofs The radar luhin :,,irgum,-nt -are .i, vulnerable a its roofing m.n end ls. tan In mn,i pin,.!m'mns they In prevailed After, cars of dr[ai now is be lime m finaily say ni to the Irld,,, li amt put an end to nu-ow. ,ho,tairbl,o ties, Even u:zoa u: Snu;hern Caoforna should fin out if local runt og ordinances are niaw(jude and: i they are. urge city councils to enact laws prohibit untreated word routs Had this linen done after the Air fire 19 years ago. many of the homes lost last wee end would still be standmg There are other actions that government can w such as creation of a conservation corps name one ployed youth to Near brush and to create water riser, years to brush areas. But government cannot and should not do it all Even' homeowner should realize that fires do not happen only to the timer guy." Only lout'- growing. fire resistant shrubs and grout cover should be planted nrar a house Hoofs and rain gutters should he cleared of leaves. needles and twig Firewood should be slacked ,if the ground and awn from fences and strocturrs Or :vrways ihduld be kep clear of debris sit that fire equipment car have ready se. cess if necessav Chimnry, should hp ,rrecned to pr vent sparks from igniting the ro land brush Fire extG guishers, with clear instruction: on how in use the should be kept in areas containing flammable males Roof sprinklers can often he a valuable aid to fire or venuon in heavy brush areas And for houses w'it . swimming pools. a pump can lint idle water to wort protecting homes. Following the fires of last weekend. It was difficult his miss the Irony contained in aerial photographs of 0v' devasteuon. Nelghboncceads could he seen pocked wi blackened mounds of rubble where once - costly hom stood And to the backva, ds. gleaming as always. wen swimming pools filled with thousands of gallons of we, ter that went unused in the fight against the fire This image symbolizes California and Californians for man, people They see us as tieing so busy living the good Id made possible by the natural btexsuigs of our region that we we blinded was dangers I.et us learn the Iciaeds from Ihis late-,[ outbreak and: through sortable action show the rest of the nation that we crazy' Caldnnuans know not duly how to live the good life but how m pits <ne and prniert a as well SuprnLnr K,rr,th llahn t, rhmmam of the ID} An- ,, c,, roueo, }'i.r @genfn,rnr STORM DRAIN PROJECT PROPOSAL / 1. Carnelian Storm Orain $500,000 2. Misc. Design and Planning Studies $ 60,000 60,000 BEAUTIFICATION FUNDS "l. Carnelian Stre ?t Improvement Project $600,000 Phased construction •Th. is itnl is a car r, n: ",r 'I'C— he -ur, ent crr I, a :7t ro:.,s r.ot included in the program submitted to the Plannino Commission. r • v8. Roadway Reconstruction 1 Church St. - Ramona to Archibald 50,000 Highland Ave. - Hermosa to Haven 50,000 /�. Resurfacing Projects 100,000 ✓*Carnelian St. - Highland to Banyon $120,000 ✓Alta Cuesta - Red Hill to Camino Norte 40,000 — ,,Lemon Ave. — Hermosa to Haven 20,000 v Hellman Ave. - Monte Vista to Base Line 40,000 Church to Foothill 20,000 "Archibald Ave. - 4th to Base Line 150,000 J 10.E Vineyard at Foothi j_S al Modification- 5,000 I_ City of Montclair Fund. Transfer. 126,000 2 TOTAL PROJECT PROGRAM $1,196,000 `Indicates Balance /Contingency Projects SPECIAL PROJECT FUNDS \ ✓1. Base Linc Reconstruction Federal Aid Urban $230,000 /2. Base•Line 9 i.ellnan Signals Federal Aid Urban $110,000 • ' -- Archibald @ Church St. Signals Federal Aid Urban �3. North Tonn Street Improvement HUD.: CDBG Funds $357,000 X705,000 STORM DRAIN PROJECT PROPOSAL / 1. Carnelian Storm Orain $500,000 2. Misc. Design and Planning Studies $ 60,000 60,000 BEAUTIFICATION FUNDS "l. Carnelian Stre ?t Improvement Project $600,000 Phased construction •Th. is itnl is a car r, n: ",r 'I'C— he -ur, ent crr I, a :7t ro:.,s r.ot included in the program submitted to the Plannino Commission. r • PROPOSED CAPITAL IMPROVEMENTS PROGRAM REVENUE Gas Tax (2106,2107) S8325 (TDA) Systems Development (includes carryover) Road Maintenance Budget Total Road Fund Available Total Storm Drain Funds Available (includes carryover) PROPOSED ROAD PROJECT EXPENDITURES 1. Special Studies ✓ - Grade separation applications for Haven and • Milliken Avenues ✓- Grove Railroad Crossing Ga ✓ - Seventh Street Ramp - Miscellaneous Circulation Studies ✓ 2. Cucamonga /Deer Creek Bridges v' 3. Carnelian Street Realignment Church Street to San Bernardino Rd. ✓ 4. Fourth Street and Archibald Ave. Signals (Cooperative project with Ontario) ✓ S. Grove Ave. - 8th St. to Foothill Blvd. Minor widening and striping ✓ 6. Base Line - Cambridge to Haven Design for alignment,widening, reconstruction, resurfacing ✓ 7. Vineyard Avenue - 8th Street to Arrow Design and Right of Way Acquisition r Total $ 474,187 514,382 450,000 51,438,569 - 581,323 857,246 $560,000 $ 25,000 $100,000 $250,000 $ 40,000 $ 40,000 $ 40,000 $ 40,000. I• COPY De net detach —Return all roliee Do Not Write Abore This lira —For headquarters OTrn Only APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) m to: Deparenf of Alcoholic Beverage Control '1415 O Street .� 3" ��aD Sacramento, Calif. 95814 an.wc. ........ .,........ r The undersigrlad h..'rhy applies for L licenses described as follows: 1. TYPE(S) OF LICENSE(S) FILE NO. "' s' MUM B= a I= !�I$jZC FS�34I583 Applied under Sec, Effective Date: M&A � . -,iSv ❑ FEE NO. GEOGRAPH CAL CODE _ Date Issued 2. NAME(S) OF APPLICANT(S) Temp. Permit Effective Date: �r..,..�,.. 3. TYPE(S) OF TRANSACTION(S) FEE LIC. TYPE H s30D.00 1.2 -4.l30 AMIUAL 14Nome of Business CT 71 5. Location of Business- Number and Street �. 2OLiLil2i1 BlVdo ' C(�,ty arrm�d Zi Cade Coua�y UUGff8L10D!•,8 91730 JAN tlL:7O. RECEIPT NO. 9C13L5 TOTAL S I{�SI..AQ �1 6. If Premises Licensed, �r 7. Are Premises Inside Show Type of License 4 �5UCw ,w= li 1 ;.,,,p; .�. B. Moiling Address (if different from 5)— Number and Sireei -" s "— "-L. C ::Z- -i :;C` • n.mpl P•.ml P 9. Have you ever been convicted of a felony? 10. Have you ever violated any of the provisions of the Alcoholic NO Beverage Control Act or regulations of the Department per. taining to the Act? 7e8 ReLi Aitsr Hoarse 11. Explain a "YES" answer to items 9 or 10 on an attachment which shall be deemed part of this application. 14. Applicant agrees (a) Ihot any manager ..played in on -sole licensed premises will have all the qualifications of o licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. 13. STATE OF CALIFORNIA County of SM M"NARiiT'.1D Data U13-2180 „ uN., wont er nab y., wbcr Gene •vv^ or— .tie.. ono Ill 1. m. vvrr of m. evvn< eee. nr rb. npd —ts Ih. Inr Wi— ddr oe.n. yams omel— nenrsno eib. : 1h ..1 .,d 11.1 udrr 11,, rn. .— n m abnu: nl mot h. nw .na m. Lrw. n mot non ono oil ar M. m., moo. opt rbol w.. mbr ton m. nvpmn or .,q—.1, hey . air. loot. I1. upvlie polio bn., o b. a 4-nd vna.r<rn, raw ;q rut wmd rbi. opr<n mud.,; la nor Its mbr em ii e r nue ,I —r., most 1. H, rb, v ^•.� nl . loon o Wrdl a ny.. ..d i than .rr ("I del, q—dir. aM. dar ,.Fin n11. Dori. or,....... for rl.d ,rbh rh. tilumi—I ernld'ye,n o .Inbli.h a ONl ... ,i. ,la •w Iw •onr ­di,., al. trans..., e ddroad o am ,.do., of t -0 ... r 'S: rh., IM Iron n: apdi<elmn mar b. wilhdw m br .im- N. emli< N er rh. I4m.n wile no r.rdr e M. D..".." • 'ny liob'liry r 14. APPLICANT SIGN HIRE APPLICATION BY TRANSFEROR 15. STATE OF CALIFORNIA County of I Date UnMr nor. tv N w Dry. •o<h mr.on whoa liyndw s .grown blow, < tiflu end .a : pl .. is M. lily., o oTnw of Ib m, m . lion.w, —.4 i M. filing —o most., epvblwioo, ds, o~11.d 1. mob his ..go aniilaron e s goi ql Mal M•Mnb. mobs tookeron to unions., all lm.rol M Ite aeesMd Unool.) degnoid best. one la matins, o e M. mention, end /q tlwpliw indi -net w Ib apps pour. N is ep,iollw for", if weh mod., is ague." or M. ohnwi OI Unl 'he n fiv epelimlim or womod nend.r Is rwl mode to s my IM parm.M of a bw or le fFIMI on .1onn -1 •yumd role mw. In.. niwly dwl nwMinp Isw dar on h,,h fli boon., epplin:ien Ir fit" wish its asponniiil a to groin .1 nloblish o 0 COPY a. ear, e.mr �gewm elf mpiu ae Net Write Abevn TFir Linn —Tpr Nnodgop «.rs Ohre only APPLICATION FOR ALCOHOLIC EEVERAGE LICENSE(S) 1. TYPE(S) OF LICENSE(S) FILE NO. To: Department of Alcoholic Beverage Control FEE NO. 1215 O Street Sacramento, Calif. 95814 .pig - mnrnlm ..nvma wcn.w "l The undersigned hereby applies for license, described as follows: AIRPIAM & �"S GEOGRAPHICAL CODE 3615 Date Issued 2. NAME(S) OF APPLICANT(S) Temp. Permit Applied under Sec. p4 ❑ Effective Date: //, Q / Effective Date: .MR PACIM AMUMLS 1W. ' �',�� BUd 3. TYPE(S) OF TRANSACTION(S) FEE TYPE Weldon Ca . vim rms/ tl u 5 365.2 55 Rsbsrt C .ianaatt- Dialrtct w _ ZS IWW WPLICA7ZS @ $11.10 2 01 _ Joseph TaV&SILOes, Jr. • DLusctw 4. Name of Baainess SEa PaciYlc Alrliass Cr 5. Locafion of Business — Number and Street 109223 Arahlbeld City and Z: Code County Ratteho 917'30 S� 1�.jZ�nt CEIPT NO. /' _�/ TOTAL $ 6. If Premises Licensed, 7. Are Premises Inside Shaw Tvae of License City Limits? YES B. Meiling Address jf different from 5)— Number and Street (temp) fpumf P.4. Bac 9130 Ontario. CA 91761 Penis, 9. Have you ever been convicted of a felony? 10. Have you ever violated ony of the provisions of the Alcoholic Beverage Control Act or regulations of the Deportment per- k ccrpo=tj= raining to the Ad? me 11. Explain a "YES" answer to items 9 or 10 an an attachment which shall be deemed part of this application. 12. Applk.M agree, (a) that any manager employed in on-sole licensed premises will have oil the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Ad. 13, STATE OF CALIFORNIA County of u:4 i3Z.r'ssiVuJ1t10 Date . j1/ia/a) .... < .,do, wnany If o .nm p r, n -1— ngnmx.< u P11.11 1,11— nip.. eed . Ip x. m..,,I< nl. p of rM nwn<em.. p ,ds,w N r6. police m.a m. Inr.em.y Doha del, moor na yr met, IM, nppnt u. e.nen. :11 IM1m No h., od IN. 1— ed. andn loo alh. : N.r.ef and that ..M1 and ell of IF. 1h,r made nnW 1hm III., !N— 11, oppli<a .ppli�o .1No, y d,1. indor. r IM opal app :t boon o b. enaen,d vnd,rl No lia. `. far whi,h Ihi. ast"ia mad.1: (11 'hot Ip. pr,—d ' n.f<r modes lilly^,1M or o Ica o NMI o aqa• r.d i Ihan ss, ise) d «, pmod, th. day wFib oIh, mN, 1.1,d -.h rh. N, a ai m1W,,h a nl.r ar ter of I ml. ddreud a ' y If 151 h M1 ... r may N. nlhd . 6, h. .1 1h. ihnp. -:d 1.10inq b A. 0.w.., ON PC AIRI.IIIBS, mir 14. APPLICANT �•; SIGN HERE By; CITY OF RANCHO CUCAMONGA ' ■Q1d Titles AOMINISTRfITION .... APPLICATIONyyy��� BY TRANSFEROR NOV j.l 1980 1S. STATE OF CALIFORNIA County of -191„'n111ZI1121 uM« wnoar of wmv,. wd wr«n .ho« Jpnown epwor. Is. lo., < '6« aN ..rs 01 n. IN. u«nm. « wrril �i<« of IM a14 n.n1.d in th. f«..Nnq V.ml.r .pvn«nen, duly .mlwrl«d Is met. 1M11, mfsr .pplimq.n e , b.A.dl: 01 M« M Norse, �eYn .pNiwlien le vwn .11 in 1 M IM .M<bd li<mulQ shos,ib.d blow .M I mbr a A..ppli —I .M .1 l -.lien indiwud o 1M updE1 Anion N Mb .WkmNn I«m. II,,Mh now.M1r 1, .ppe,N by M. of«<I., 11) dod erhe 1-0. pppli<pfien er wops,N Irpn,l« i, net mod. le Is iJy .M comord er n ken or ie N1611 es .gs.mml .n1.rN Wo move 1Mn y day ndinp Ih. d.y .n N11, IN. n,Lr opliro Ll.d nilh IN. 0,1 . .N. er ol.bli.h e CLAIM FOR DAMAGES TO PERSON OR PROPERTY ORIGINAL FOR ME INSTRUCTIONS 1. Claim, for death. Injury to person or to personal properly matt be filed not later than loo days after the occurrence. (Gov. Code Sec. 911.2) 2 Claims for damages to real property must be filed hot later than I year after the occurance. (Gov. Code Sec. 911.2) - g. Read entire claim before filing. 4. See page 2 !er diagram upon which to bate Place of accident. S. 1Tis claim form must be signed on page 2 at bottom. Is . Attoch separate sheets, if necessary to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) TO: CITY OF RANCHO CUCAMONGA Name of Claimant RODNEY J. HEATHCOCK Home Address of Claimant City And State RESERVE FOR PILING STAMP CLAIM No. CITY OF RANCHO CUCA6ONOA ADMINISTRATION NOV 2� 1980 AM 718191101111121112131415 PIN Age of Claimant (U natural person) Give Andrew to which you desire noticed or communications to be sent regarding this claim: " PETERSON fs KRAEMER, Attorneys 27141 E, Baseline, Ste. 7, Highland, CA 92346 Phone: (714) 864 -2270 How did DAMAGE or INJURY occur? Give full Particulars. Claimant was in vehicle which was proceeding Southbound on Turner wherein Roadway ended abruptly without warnings, road markings, lighting,, reflectors, etc. causing driver to veer vehicle from M2 lane to number 1 lane abruptly causing vehicle to strike curb and roll. One party in vehicle was killed and or INJURY occur? Approx. 2320 hrs. on 9/29/80 Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, giv, street names and address and measurements from landmarks: See police report attached hereto and incorporated herein by reference as though fully set forth What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury o: damage, it known: Inadequate road engineering, marking, lighting, construction . fr WaTnings. What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Paraplegia of claimant as well as untold other external and internal injuries to broken bones, ribs, nerves, lungs, stomach, head, chest and arms. What AMOUNT do you el a;m on account n( each item of injury or homage as of date at Presentation of this claim, giving basis o computation: 56,000,000.00 - Economic prospectus on medical required and loss of earnings etc, as quoted in expert analysis projections. .ive ESTIMATED .1h10UNT as (ar a known you claim on account al each dem of prnxpectn'e injury or damage, g ^'mg basis o See above SEE PACE 2 (OVER) THIS CLAIM MUST 13E SIGNED O\ REVERSE SID Insurance., payments received, if any, and names of Insurance Company: Unknown believed probably in excess of $100,000.00 to date. Expenditures made on account of accident or injury: (Date — Item) (Amount) not applicable or unknown Kaiser Permanente Hospital, Fontana, CA READ CAREFULLY For all accident claims place on following diagram names of streets. including North, East, South, and Nest; indicate place of accident by "X" and by showing house numbers of distances to street corners. If City Vehicle Was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself "your vehicle when you first saw City vehicle, location of City vehicle at time of acmdeat by "A -I" and location of yourself or yoar Vehicle at the time of the accident by "H -1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR OTHER ACCIDENTS Z L.. SIDEWALK See diagram attached CIIRML FOR AUTOMOBILE ACCIDENTS L 7A\ 7111'-- F person filing on his behalf giving I Typed Name: Rodney Heathcock . NOTE: Presentation of a false claim is a felony (Cal. Pen. Coda Sec. 72) . CLAIMS MUST 8E FILED WITH CITY CLERK (GOV, CODE SEC. 915x). Date 11 /1 78C •••• .... �o' /%%UN O.Pi `7i• /•'•CT. �(/Cf/O LGGC/J�iiBJT "o ' S9,✓ b4ir//9Reoiwa .3 /D63oS / -/. ° , � Sr go 23/9 Tao cocuslo. nwnnwnv[ .. w.. . �...�.�., 1N.. I.. »I ,......... e....., i... ....... .. • 9. ... 29 So 2319 3folb Z -Q7 ]7 10lc3051 -I\ ALL ME AEUR EM "TS ARE A.INO %IM ATE AMC NOT TO SURE UNLESS SYATEO ISC w RE 1 + OFFICE OF FRANK BLAND, SHERIFF COUNTY OF SAN BETINARDINO CAL!:'OF.NIA CA 03600 ....E - I S(- • OFFICE OF FR.l -:H BLAND. SHERIFF COIRCiY OF S.V: 5_:J:P -ib,No c- CAL*roRRs Ch O3600 �o. .. . fcncak o"el p wcIIO wwnnwnvca wnT uwn on rnw me couwow ro r la -. .,... .....I urrLc,wc"rwL rwwigC COLLISION Injury T/C 9 Ly I � 12319 Turner Avenue and Feron 3616 1 I � 5 11063051 SUPPLEM ENTAUNAR RAT IV " •�� ^" " ° "`� 'nw nnwnvc corvnnDwnon rwwrnc 'C] so nEEr"Enrwi rnwrnc couivon - •___...., ,,.�..,. ........ ,... ..._... .,,.. ,.. .., 1063051 -111 L,...,., ..,.... •,. Icn «xon[I N�nwnn vc co.,n nvwnan Twnlnc C LOLLIi ION n[ID RT Ic.. .,. e. ,, .,� J SVIILCM [N T.[L Tw/.ii1C CO LL,SION C or N[w: _.. ... ... 11063051 -1-1 c..,e w,.0 [.[c♦ c •.:a__.,u.[• L� ICiNk onF/ ,Q'MwRn.CTIVCCONTINV wT10N T pw iFlC [OLLI SIGN RpiO RT .., e. ,.,...) p fV IILLMCNTALTRwFFIC CGLLIVON 0 vTNEn: I Il 51 -11� e...o..u..•e• (Cheek and 1063051 -t T .,.-- !C/r[ck onel n.•wwwTly[ cONTINUwTION Tw/.rrlc COLLISIOn w[nO wT Ic..... e. N. +.1 O [UI•L[M[NTAL TII•rrlC COLLISION w[re wT 1[ -• aTN[w' . i • 2 3 1 4 5 6 7 . 8 9 10 Il �, 12 13 14 • 15 16 17 I8 19 20 21 22 23 I 24 5 26 27 28 BELOUD AND MANNERINO 9330 Baseline Road, Ste. 100 Rancho Cucamonga, CA 91701 Tele: 714/980 -1100 Attorneys for Claimant In the Hatter of the Proposed Claim of KEITH ALLEN BAKER , Claimant, -vs- CITY OF RANCHO CUCAMONGA, Respondent. L•iTY OFD. °.i;A'4C NOV 1 'yao zMa�11�,a�,s,s i APPLICATION TO PRESENT CLAIII UNDER SECTION 911.4 OF GOVERNMENT CODE TO: COUNTY CLERK OF THE CITY OF RANCHO CUCA!IONGA 1. I, JOHN D. [1ANNERINO, as attornev for the Claimant, apply for leave to present a claim under Government Code Section 911.4. The claim is founded on a cause of action for injuries sustained by KEITH ALLEN BAKER on November 21, 1979, by reason of an automobile /pedestrian accident as more fully set forth in the claim attached hereto. 2. The reason for the delay in presenting this claim is as follows: At the time of the accident, the Claimant was 18 years old. Due to the accident, the claimant, KEITH ALLEN BAKER, was Idmi.ttc,3 in the hospital where he remained in a coma for three weeks. After a hospitalization of one - •,oath, he was discharged in a full leq cast, and confined to -1- i I j bed and a wheel -chair for an additional several months. Due to Ij the coma, the Claimant experienced significant mental 3 disorientation and forgetfulness, such that he had not the 4 mental capacity to seek legal counseling within the 100 day 5 period as proscribed in the Government Code. The Claimant 6 still, in fact, suffers from forgetfulness and occasional 7 disorientation to a lesser degree such that it finally became 8 necessary for his father to intervene to assist the 9 Claimant in seeking legal counsel, which precipitated this 10 claim. 11 WHEREFORE, request is hereby respectfully made that 12 the application be granted and that the attached proposed claim 13 is received and acted upon in accordance with Government Code 14 Sections 912.4 and 912.8. 13 Dated: November 17, 1980 BELODD AND MANNERINO 16 17 BY: JOHN D. 14ANNERINO 14 Attorney for Claimant 19 20 21 22 23 24 ii 25 6 27 28 d —2- u �� • • U I BELOUD AND MANNERINO '- 9330 Baseline Road, Ste. 100 3 'j Rancho Cucamonga, CA 91701 4 I� Tele: 714/980 -1100 5 Attorneys for Claimant 6 7 8 In the Matter of the Proposed Claim of 9 KEITH ALLEN BAKER, 10 i'li Claimant, II -vs- 12 CITY OF RANCHO CUCAMONGA, 13 Respondent. 14 IS State of California 16 County of San Bernardino )ss. 7 DECLARATION OF H. LEE BAKER IN SUPPORT OF APPLICATI TO PRESENT CLAIM UND SECTION 911.4 OF THE GOVERNMENT CODE I, H. LEE BAKER, declare: IB 1. That I ara the father of the Claimant and have 19 personal knowledge of the facts contained herein. 20 I,I� 2. That on or about November 21, 1979, my son was 21ii struck by an automobile on Baseline Road, at or near Carnelian 22 in Rancho Cucamonga. 23 3. Upon review of the p police report prepared by 24 the Sheriff's Department of Rancho Cucamonga of this accident, it ••,sis noted that a probable cause of this accident was 16 inadequate street licpit:ing at its location. " 4. My son was an adult and 18 ,years of ace at the 28 time of this accident and enlisted in the United States Marine -1- ' (O it 1 �� Corps. 5. Subsequent to the collision, my son lay in a / 3 coma, near death, for three weeks. Upon regaining consciousness 4 he was discharged into our care and confined to bed and 5 wheel -chair for approximately five to six months where he 6 continued rigorous weekly out - patient treatment. Due to the 7 coma, he suffered significant brain impairment and disfunction 8 and has been unable to communicate with us concerning the facts 9 and circumstances of tbis accident until the period of approxi- 10 mately five to six months thereafter. Finally, I "was able 11 to convince my son to allow me to assist him in exploring the 12 liability of this accident. 13 6. I then consulted the law firm of Beloud and 14 Mannerino on or about November 14, 1980, and was advised ' 15 at that time of the 100 day statute. 16 I declare under penalty of perjury that the foregoing 17 is true and correct and if called upon to testify thereto, 18 I could competently do so. 19 Dated: November 17, 1980 20 21 H. LEE BAKER 22 23 24 25 I 26 27 / 24 I 310010 s::: League of California Cities g■.. a■.m� Wmh I_;cahnr ,'1 N N 0 U N C I N G - - - - - THE 1981 CITY CLERKS INSTITUTE .January 14 -16, 1981 Mansion Inn. Sacramento Once again you are cordially invited to join with your peers and be brought up-to -date on an array of topics of specific concern to City Clerks. Your program committee has developed an agenda for this important meeting which will offer you many opportu- nities to consider and discuss with your colleagues such subjects as: - streamlining ballot counting procedures • - newly enacted elections legislation - voter registration verification techniques - time management for clerks - bilingual voting requirements Particular attention will be given to the legislative process so that clerks will be more familiar with how their cities can effectively promote their city's interests at the state level. An outline of the Institute agenda is included in this announcement. In order to assure that this meeting fully addresses your interests you are requested to fill in the short survey- included on the registration form. Your answers will help us make the meeting of maximum benefit to You. IF_1 14WKSTREET SACRAMENT09a814 HOTELCLAREMONT BERNELEY94705 9DDWILSHIREBLVD SUITE 7D2 LOSAMSCLES90012 191611n4 5 190 14151643M89 ;6 @1316£41934 CITY CLERKS INSTITUTE Mansion Inn, Sacramento PRELIMINARY PROGRAM WEDNESDAY, JANUARY 14 9:00 a.m. l Registration - Front Lobby, Mansion Inn 11:30 a.m. Opening Session - General Luncheon The legislative Process: The Inner Workings ( ^his program will focus on procedures for introducing legislation and the politics of moving a bill through the Legislature.) 3:00 p.m. Tour of the State Capitol and Legislative Committees 6:30 p.m. - 7:30 p.m. Get Acquainted Reception (No Host) Evening Free THURSDAY. JANUARY 15 7:30 a.m. Breakfast Session Streamlining Election Night Counting Procedures (A discussion of timely and cost effective techniques for election night counting.) 9:30 a.m. General Session Filing Statements of Economic Interest - Are You Giving the Right Advice? (A :workshop conducted by the Fair Political Practices Commission on filing statements of economic interest and the duties of filing officer.) 12:15 p.m. General Luncheon The Politics of the Legislature - Chair of the Senate Elections and Reapportionment Committee 2:15 p.m. General Session Elections Up -Date (An opportunity to review newly adopted elections Legislation and an open discussion on election procedures and practices.) 6:30 p.m. - 7:30 p.m. Informal - No -Host Reception Evening Free a I • • l J • FRIDAY, JANUARY 16 7:30 ...m. Breakfast Session The Voter and the Signature (A discussion of techniques and procedures used `or voter registration verification to snsure against signature forgery.) 5:30 a.m. General Session Time Management (Tirs and techniques to help the clerk in better utilizing tiro and resources in carrying out city business in the most e,`ficient cost effective manner.) 12:13 p.m. Closing Luncheon Bilingual Voting Requirements: Benefit- Cost - Future U.S. Justice Department Representative • 2:00 n.m. Adjournment ... 17 TILT •• 0" jw • rtu hu •a ° -� •- 1" 4� IMl RN 9 -4- a9, TArSULftOg pu � CENteR CITY OF RANCHO CUCAMONGA STAFF REPORT > 8 F L DATE: December 3, 1980 197 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Reimbursement Agreement for Engineering on Industrial Assessment District Attached for Council execution is a reimbursement agreement between the City and R. C. Land Company approving the reimbursement of $25,000 in Engineering and Bond Counsel fees incurred in the formation of the Industrial Assessment District 79 -1. The Council may recall its authorization in July of 1979 to move ahead with exploration of this assessment district provided funds were absorbed by the private interests promoting the District. Based on this approval, an original District was reviewed by local • property owners and a petition circulated. Although over 508 of the property owners approved the District, the number was insuffi- cient to waive the required debt report. An additional $20,000 was then submitted to complete the project through the Debt Hearing stage. The attached agreement would allow that funds expended to date on the District would be included in the assessments. At the time of District formation, R. C. Land Company would be reimbursed for these expenditures. If the District is abandoned or fails, the City would assume no liability for reimbursement as outlined in Section b of the agree- ment. The debt report on the District is in its final stages of completion and will be presented to the City Council on December 11, 1980 at a special study session. Property owners meetings will be scheduled for December and January with the initial Public Hearing scheduled for January 21, 1981. RECOMME11DATIOPI Approve the attached agreement of reimbursement of Engineering and Bond Counsel expenses in conjunction with the formation of Assess- ment District 79 -1. Resp,ctfully submitted, Attachments STHADLING. YOCCA. CAB.LSON & IL&UTH • A PFOfC55iO NAl C ^RVPO RALION FH[Tl E. .T IIYO ........ I.r LAw G. C E. co me eoo orviory a ew�oinc C. Cacao Re 11N rveweo Hr cen reR oR ve W,va,+x A ILCra. A C. S<Q•� vo sr Orn cE eoa >eeo M. SiLPHLy CaoSTi NEWPOB[ .EACH' CA .Fo rI 02090 Ai .. C. G.... in R[PlV P�[I.5[ RffER rte. Jonx J. Mvavar ru cPnarvc 1 >� +I ew -voae TaONAS E CL Ja, HEN A. N DA.nn R. . McEcEwea PACC L Gu.e Docous E H,o v E. EVai Yrwocn RAVO.,. J. Sneer November 4, 1980 _ - - D.dnexAnusox III r�.. fi .w �aa•.i'u L['i�tl l0'f:i.:U';:Tl�PEV't Crf,1EP77 D:r f. Mr. Lloyd Hubbs AM P61 City Engineer n�g,G;n,1;.� 11-12A4.1516 City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, California 91730 Re: Assessment District Reimbursement Agreement Dear Lloyd: In response to your letter of October 10, I have re- vised the proposed Assessment District Reimbursement Agreement between the City of Rancho Cucamonga and R. C. Land Company to make it consistent with the understanding you expressed in said letter. Enclosed herewith are three copies of said agreement. Could you please request execution of the agreement by the City and return an executed copy to me. Thank you very much for your cooperation. Very truly yours, John J. Murphy r1 lJ JJM:pw Enclosures cc: Mr. Richard Ortwein !W/Encl.) cc: Mr. Joseph DiIorio [W /Encl.] cc: F. Mackenzie Brown, Esq. (W/Encl.] cc: Mr. Lauren Wasserman, City Manager [W /Encl.] cc: Robert Dougherty, Esq., City Attorney [W /Encl 44 0 ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 1980, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation of the State of California (hereinafter "the City ") , and R.C. LAND COMPANY, a California corporation (hereinafter "the Company "). RECITALS A. The Company owns certain real property within the City, including four parcels (hereinafter "the Company's Prop- erty") located within a portion of the City generally bounded by Arrow Highway, the Devore Freeway, Fourth Street, and a line • approximately 1,000 feet east of Haven Avenue. The City's General Plan provides that said area (hereinafter "the Indus- trial Area ") should be developed for industrial uses. B. The Industrial Area generally lacks the major public improvements, such as streets and related street improvements, sewers, water lines, and storm drains (hereinafter "the Public Improvements ") which are necessary in order to accomodate the development thereof for industrial purposes. C. The City desires, to the maximum extent reasonably practicable, that the Public Improvements be provided through- out the Industrial Area as quickly as possible in order to facilitate the development thereof for industrial purposes. • a5 • D. In furtherance of this desire, the City has undertaken certain preliminary procedures toward the formation of a spe- cial assessment district, the boundaries of which would be gen- erally coterminus with the boundaries of the Industrial Area, for the purpose of providing for the construction of the Public Improvements. The City wishes to continue these procedures, but it lacks sufficient funds to pay for the legal and en- gineering costs associated therewith. E. The Company wishes to assist the City in its efforts towards the formation of such a special assessment district, has heretofore advanced certain funds to the City to enable the City to pay for initial legal and engineering expenses, and is • willing to advance additional funds to the City for such pur- poses, subject to being reimbursed for such advances upon the formation of such a special assessment district. F. The parties therefore wish to enter into an agreement to provide for the reimbursement to the Company of sums advanc- ed by it to the City for the legal and engineering expenses associated with the formation of a special assessment dis- trict. 9 AGREEMENT NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and for and in consideration of the mutual promises, representations, and agreements herein contained, do hereby agree as follows: -2- a� $20,000, as requested in Section 2 hereof. The City will de- • posit said sum in an account known as the Rancho Cucamonga In- dustrial Trust Account and will expend money from said account only for the payment of legal and engineering expenses incurred in connection with the formation of a special assessment dis- trict as described hereinabove. Section 4. Upon completion of the public hearing to con- sider a debt limit report pursuant to the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, the City will promptly return to the Company any portion of the amounts advanced to it by the Company pursuant hereto which is in excess of the legal and engineering fees theretofore in- curred by the City; provided; however, that if proceedings for • a special assessment district as described hereinabove are abandoned prior to such a hearing, or if no such hearing is held within three months from the date of this Agreement, the City will promptly return to the Company any portion of the money advanced to the City by the Company pursuant hereto which is in excess of the legal and engineering fees incurred by the City prior to such abandonment or prior to the expiration of said six month period. Section 5. If the City forms a special assessment district within the Industrial Area as described hereinabove, it will include in the amount to be assessed therein the sum of $25,000 • �] -4 Oi U • D. In furtherance of this desire, the City has undertaken certain preliminary procedures toward the formation of a spe- cial assessment district, the boundaries of which would be gen- erally coterminus with the boundaries of the Industrial Area, for the purpose of providing for the construction of the Public Improvements. The City wishes to continue these procedures, but it lacks sufficient funds to pay for the legal and en- gineering costs associated therewith. E. The Company wishes to assist the City in its efforts towards the formation of such a special assessment district, has heretofore advanced certain funds to the City to enable the City to pay for initial legal and engineering expenses, and is • willing to advance additional funds to the City for such pur- poses, subject to being reimbursed for such advances upon the formation of such a special assessment district. F. The parties therefore wish to enter into an agreement to provide for the reimbursement to the Company of sums advanc- ed by it to the City for the legal and engineering expenses associated with the formation of a special assessment dis- trict. AGREEMENT NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and for and in consideration of the mutual promises, representations, and agreements herein contained, do hereby agree as follows; -2- a� Section 1. In September, 1979, the Company advanced to the City the sum of $5,000 to enable the City to pay the costs to be incurred by the City for bond counsel and assessment an- gineer's fees in connection with the initial steps to be taken for the formation of special assessment district as described hereinabove. (In addition to the foregoing, the Company has also paid to the City the sum of $68,500 to enable the City to pay for certain other planning, engineering, and legal studies desired by the City; however, the parties do not intend to pro- vide for the reimbursement of said sum by this Agreement.) Section 2. The City has heretofore expended the $5,000 referred to in Section 1 hereof for the purposes stated therein and has continued to incur bond counsel and assessment en- • gineering fees in connection with the proposed formation of a special assessment district. As of the date of this Agreement,. the City has incurred additional engineering and legal expenses in the total approximate sum of $8,000; and it estimates that in order to continue such proceedings through a public hearing on a debt limit report pursuant to the Special Assessment, In- vestigation, Limitation and Majority Protest Act of 1931, it will incur additional engineering and legal fees of approxi- mately $12,000. The City therefore has requested that the Com- pany advance to it the additional sum of $20,000. Section 3. In contemplation of the execution or this Agreement, the Company has advanced to the City the sum of L -33- 4 • $20,000, as requested in Section 2 hereof. The City will de- posit said sum in an account known as the Rancho Cucamonga In- dustrial Trust Account and will expend money from said account only for the payment of legal and engineering expenses incurred in connection with the formation of a special assessment dis- trict as described hereinabove. Section 4. Upon completion of the public hearing to con- sider a debt limit report pursuant to the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, the City will promptly return to the Company any portion of the amounts advanced to it by the Company pursuant hereto which is in excess of the legal and engineering fees theretofore in- curred by the City; provided; however, that if proceedings for a special assessment district as described hereinabove are abandoned prior to such a hearing, or if no such hearing is 9 held within three months from the date of this Agreement, the City will promptly return to the Company any portion of the money advanced to the City by the Company pursuant hereto which is in excess of the legal and engineering fees incurred by the City prior to such abandonment or prior to the expiration of said six month period. Section 5. If the City forms a special assessment district within the Industrial Area as described hereinabove, it will include in the amount to be assessed therein the sum of $25,000 -4- a� as an incidental expense incurred for the prepayment of en- • gineering and legal expenses (it being expressly understood and agreed that other incidental expenses may be included in the amount of the proposed assessment as well); and, upon receipt of cash payments and /or the proceeds from the sale of special assessment district bonds, the City will promptly pay to the Company the sum of $25,000 as reimbursement for the money ad- vanced by the Company for the prepayment of engineering and legal expenses. Section 6. Any provision hereof to the contrary notwith- standing, the City shall have no obligation hereunder to reim- burse the Company the $25,000 referred to in Section 5 hereof unless the City forms a special assessment district within the • Industrial Area and receives cash payments and /or proceeds from the sale of bonds in connection therewith. Section 7. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF RANCHO CUCAMONGA -5- aF • 0 • ,' GTY OF RANCHO C;CINKXIK A STAFF REPORT DATE: December 3, 1980 U TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Contract Addendum to Design for Carnelian Street Realignment Project Attached for Council approval is a contract amendment to the design contract for the Carnelian Street realignment. The amendment adds $4,500 to the total contract amount for detailed structural design not anticipated in the original contract. The realignment as currently designed will require the extension of the box culvert at the outlet of the Red Hill Basin. The proposed amendment will cover the additional, structural calculations, detail drawings, estimates and bid document revisions. Funds for the contract amendment will be authorized from the project budget. Design drawings for the overall project have been submitted to the City for plan check and the project is scheduled for construction in March of 1981. RECOMMENDATION: It is recommended that the Council approve the contract amendment to the Carnelian Street Realignment project and authorize an additional $4,500 from the project budget to cover the cost of additional work. Respectfully submitted, v LBB /t"1-jR be Attachments 30 AGREEMENT FOR CIVIL EN'INEERING SERVICES • This agreement is made and entered into this day of December, 1980, between the CITY OF RANCHO CUCAMONGA. a Municipal Corporation, hereinafter referred to as "CITY ", and GENGE CONSULTANTS OF SOUTHERN CALIFORNIA, duly licensed civil engineers of 17500 Red Hill Avenue, Irvine, California 92714, hereinafter referred to as "ENGINEER ". WITIIESSETH WHEREAS, the City on July 16, 1980 approved an agreement with the "ENGINEER" to prepare preliminary and final construction documents for the realignment of Carnelian Street and; WHEREAS, said agreement did not provide for the design of structures in the preparation of contract document. NOW, THEREFORF, the CITY and the ENGINEER for the consideration hereinafter named, agree to the following amendments to the July 16, 1980 Agreement. ARTICLE II -A shall be amended as follows ARTICLE 11: The ENGINEER agrees to furnish and perform the various additional professional services, pertaining to civil engineering construction documentation • as follows: A. Final drafted set of construction documents for Carnelian Street from approximately Stations 10 1 00 to 25 + 00. 1. This means to provide all street improvement plans and profiles at a scale of V" 40' in conformance with City format. This will include details and a title sheet. 2. Bridge Design Services shall include: Review drawings prepared by County of San Bernardino for existing bridge. Review and analyze drawings of existing channel walls and bottom. Site visitation for visual reconnaissance of existing conditions. Preliminary Structural Calculations of possible alternate construction methods and sequences. Preliminary construction cost analysis of possible alternate systems and selection of one system. Complete Structural Analysis and Calculations for selected system. Complete construction drawings (ready for bid) of selected system. 3J ARTICLE V -B shall be amended as follows V -B. For all items listed in Sections A thru D of Article II, the CITY will compensate the ENGINEER at the hourly rates attached as Exhibit "A ". The total of those hourly charges shall not exceed $30,35o.00. ARTICLE V -E shall be amended as follows: E. COST BREAKOUT (Not to Exceed) ARTICLE 1. Topographic Survey and Preliminary $ 81500.00 "Redline" Design and Report ARTICLE II. Final Inked Construction Plans, Specifications & Cost Estimate 10,350.00 ARTICLE III. Construction Staking For Curb /Gutter 3,500.00 ARTICLE IV. Reproductions and Deliveries 850.00 TOTAL (Not to Exceed $23,200.00 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. APPRO /ED AS TO FORM: City Attorney, Rancho Cucamonga 3-? CITY OF RANCHO CUCAMONGA By: Phillip D Schlosser, Mayor BY: Lauren M. Wasserman, City Glerk GENGE CONSULTANTS OF SOUTHERN CALIFORNIA BY: tlyron E. Grooming Vice - President /Principal • • ' AGREEMENT FOR CIVIL ENGINEERING SERVICES This agreement is made and entered into this 1(0+�day of July, 1980, between the CITY OF RANCHO CUCAMONGA, a Municipal Corporation, hereinafter referred to as "CITY ", and GENGE CONSULTANTS OF SOUTHERN CALIFORNIA, duly licensed civil engineers of 17500 Red Hill Avenue, Irvine, California, 92714, herein- after referred to as "ENGINEER ". WITNESSETH: WHEREAS, the CITY has need for civil engineering services to prepare prelimin- ary and final construction documents for Carnelian Street between Baseline and Foothill Boulevard (approximately 1500 lineal feet in length) and to provide supple- mentary services (coordination, blueprinting) for same, herein referred to as "PRO- JECT". WHEREAS, the CITY has invited the ENGINEER to provide required civil engineering services for the CITY; WHEREAS, the ENGINEER has specialized knowledge, training and experience in civil engineering and surveying. AND, WHEREAS, the ENGINEER indicates willingness to perform civil engineer- ing services for the CITY under contract. NOW, THEREFORE, the CITY and the ENGINEER, for the considerations hereinafter named, agree as follows: J 33 ARTICLE I: The ENGINEER agrees to furnish and perform the various professional • services, pertinent to civil engineering construction documentatin as follows: A. Perform a field topo grading survey from approximately stations 10 + 00 to 25 + 00. 1. This means to provide a cross - section at 25 foot intervals. Cross - sections to include existing ton of curb, elevations, existing flowline elevations, and existing centerline and /or crown line elevations within existing right -of- way and sufficient additional topo outside of right -of -way necessary. B. Provide one preliminary design for Carnelian Street from approximately Stations 10 +00 to 25 +00. I. This preliminary design shall be prepared at a 1" = 40' scale in "red -line" format only. 2. Based upon preliminary design, prepare a preliminary cost estimate. . 3. Based upon preliminary design, prepare a preliminary set of calculations for right -of -way acquisition. C. Coordinate with San Bernardino County Flood Control for design parameters and constraints related to construction of Cucamonga Channel as it effects road design. D. Based upon preliminary design and coordination with San Bernardino County Flood Control, prepare a design evaluation report for city review. ARTICLE II: The ENGINEER agrees to furnish and perform the various additional professional services, pertaining to civil engineering construction documentation as f of I ows: A. Final drafted set of construction documents for Carnelian Street from approxi- mately Stations 10 . 00 to 25 + 00. • I 34 • 1. This means to provide all street improvement plans and profiles at a scale of 1" = 40' in conformance with City format. This will include details and a title sheet. B. Provide a final cost estimate based upon the final construction drawings. C. The final drafted set of construction documents shall include any realignment of existing sewer and /or water lines. All other utility decoration and /or design is this Scope of Work. This specifically excludes any Hydrology and /or hydraulic design and /or elevations. D. The final construction documents shall include all material specifications suit- able for bidding (follow City format). ARTICLE 111: The ENGINEER agrees to furnish and perform the various additional professional services, pertinent to construction surveying as follows: A. Provide one set of curb and gutter stakes at 25- intervals and at EC's and BC's for the final Carnelian Street design from approximately Stations 10 + 00 to 25 + 00. Any re- staking will be performed as a time and material extra. B. Any utility staking for sewer, water, storm drain, gas, electric, telephone and /or cable television is outside this Scope of Work. Any such work shall be performed on a time and materials basis as an extra. ARTICLE IV: The ENGINEER agrees to furnish the following reproductions and originals: A. One set of inked originals. B. Up to 25 sets of bluelines of the final plans and material specifications. C. All travel time, mileage, and deliveries for transmittal of information to and • from the CITY. 3 ARTICLE V: The CITY agrees to pay the ENGINEER, as compensation for the above- • named professional services: A. For all items listed in Sections A thru D of Article 1, the CITY will compensate the ENGINEER at the hourly rates attached as Exhibit "A ". The total of these hourly charges shall not exceed $8,500.00. B. For all items listed in Sections A thru D of Article 11, the CITY will compensate the ENGINEER at the hourly rates attached as Exhibit "A ". The total of those hourly charges shall not exceed $5,850.00. C. For all items listed in Sections A and B inclusive of Article III, the CITY will compensate the ENGINEER at the hourly rates attached as Exhibit "A ". The total of these hourly charges shall not exceed $3,500.00. D. For all items listed in Sections A thru C inclusive of Article IV, the CITY will compensate the ENGINEER at costs plus 10 percent for reproductions. Mileage will be billed at $0.25 per mile. The total of these charges shall not exceed $850.00. E. COST BREAKOUT (Not to Exceed) ARTICLE 1. Topographic Survey and Preliminary $ 8,500.00 "Redline" Design and Report ARTICLE 11. Final Inked Construction Plans, Specifications h Cost Estimate 5,850.00 ARTICLE 111. Construction Staking For Curb /Gutter 3,500.00 ARTICLE IV. Reproductions and Deliveries 850.00 TOTAL (Not to Exceed $18,700.00 F. The ENGINEER will submit monthly billings including a summary of the hours worked by each classification, the hourly rate, and the total charges for each classification. • 3� i s ARTICLE VI: - If the work is suspended indefinitely or abandoned prior to completion of the civil engineering set forth in this Agreement, the CITY agrees to pay the ENGINEER, at the rates set forth in Article V above, to the time of said suspension or abandonment, which payment is to be the full and final settlement for all the work performed by the ENGINEER to said time, and such work shall become the property of the CITY upon said payment. ARTICLE VII: - All terms, conditions and provisions hereof shall inure to and shall bind the parties herein, their successors and assigns. ARTICLE VIII: - The ENGINEER hereby designates Myron E. Browning, Vice-Presi- dent/Principal and Earl Gardner, Project Manager /Project Engineer as its representa- tives for this PROJECT. ARTICLE IX: - The ENGINEER shall begin work immediately following the approval and signing of this Agreement. The ENGINEER shall perform the work in a timely and efficient manner in accordance with the attached time schedule. 37 7 n U L CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 3, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Vineyard Avenue Design Services Attached for Council approval is an agreement for design services on the widening and signalization of Vineyard Avenue from Eighth Street to Arrow Route. This project has been included in this years budget for design and right of way acquisition. The project will be constructed with a combination of City, Federal Aid Urban and Railroad Grade Crossing funds. As the Council is aware staff had originally planned to provide much of the right of way and railroad coordination work in house and to contract with the City of Ontario for the design of the project. To this end the Council approved an agreement with the City of Ontario in April 16, 1960. To date Ontario has failed to execute that agreement. In order to assure the timely construction of the project and to avoid the costly inflation associated with the long delay it is recommended that the Council revoke its approval of the Ontario Design Agreement, notify the City of Ontario and proceed with the expanded design services with C. G. Engineering as outlined in the attached agreement. RECOMMENDATION: It is recommended that the Council revoke its approval of the Vineyard Avenue design contract with the City of Ontario and approve an agreement with C. G. Engineering to provide design services for the completion of the Vineyard Avenue project. Respectfully submitted, v U LSH:bc Attachments 3r L AGREEMENT FOR ENGINEERING SERVICES This agreement is made and entered into this 1 t h day of 1980, between the CITY OF RANCHO CUCAMONGA, a Municipal Corporation, hereinafter referred to as "CITY', and C G ENGINEERING, duly licensed engineers of 2627 South Waterman Avenue, Suite E. San Bernardino, CA 92408, hereinafter referred to as "ENGINEER ". WITNESSETH: WHEREAS, the CITY has need for engineering services, consisting of the preparation of improvement plans, specifications, estimates and other professional services for VINEYARD AVENUE WIDENING AND APPURTENANT CONSTRUCTION BETWEEN 8TH STREET AND ARROW ROUTE AND A TRAFFIC SIGNAL AT VINEYARD AVENUE AND ARROW ROUTE, herein referred to as "PROJECT ". WHEREAS, the CITY has invited the ENGINEER to provide required engineering services for the CITY; WHEREAS, the ENGINEER has specialized knowledge, training and experience in street design, signal design, and construction; • AND, WHEREAS, the ENGINEER indicates willingness to perform engineering services for the CITY under contract. NOW, THEREFORE, the CITY and ENGINEER, for the considerations hereinafter named, agree as follows: ARTICLE I The ENGINEER agrees to furnish and perform the various professional services, pertinent to preparation of said Plans and Specifications and Cost Estimates as follows: A. Preliminary and Final Design 1. Perform all necessary field surveys to establish curb profile grades, railroad crossing data and traffic signal design within the project limits. 2. Complete right of way negotiations with AT&SF Railway and assist City to allow CALTRANS approval for certification of PROJECT right of way. 3. Prepare plans, contract documents, specifications and quantity estimates to Federal Aid Urban Standards. 4. Submit design plans to CITY and CALTRANS for plan check and review. 5. Make necessary plan and specification revisions to meet AGENCY approval. / 'n • 6. Upon receipt of bids, ENGINEER shall analyze bids and make recommendation on award of contract. •1Y M •� 1. At the option of the CITY the ENGINEER shall provide all required construction staking when authorized by the City Engineer. 2. ENGINEER shall be available for consultations during construction on any needed plan revisions. 3. Make recommendation on contract change orders. `®" Orginal tracings shall become property of the CITY upon completion of this contract. Costs for reproduction of plans and specifications will be borne by the CITY. At the option of the CITY, ENGINEER shall prepare plans, contract documents, specifications and quantity estimates to Federal Aid Urban • Standards for a traffic signal at Vineyard Avenue and Ninth Street to be included the PROJECT. ARTICLE 11 The CITY agrees to pay the ENGINEER, as compensation for the above named professional services: A. For all items listed in Section A of Article I, the CITY will compensate the ENGINEEK at the hourly rates attached as Exhibit "A ". The total of these hourly charges shall not exceed $77,000. B. Compensation for Section A -2 of Article I includes anticipated services of ENGINEER to provide sufficient coordination to complete right -of -way negotiations. The CITY will compensate the ENGINEER for additional services at hourly rates in accordance with said Exhibit "A ", provided the CITY elects to authorize such work. C. For all items listed in Section B, of Article 1, the CITY will compensate the ENGINEER at hourly rates in accordance with said Exhibit "A", provided the CITY elects to authorize such work. D. For Section C, of Article I and for any other prints or documents the CITY will compensate the ENGINEER in accordance with Exhibit "A ". E. For Section D, of Article I, the CITY will compensate the ENGINEER at hourly rates in accordance with said Exhibit "A ", provided the CITY elects • to authorize such work. 41 • F. The hourly rates attached as Exhibit "A" are effective through May 31, 1981. G, The ENGINEER will submit with his billing, a monthly summary of the hours worked by each classification, the hourly rate, and the total charges for each classification. ARTICLE III If the work is suspended indefinitely or abandoned prior to completion of the Engineering Services set forth in this agreement, the CITY agrees to pay the ENGINEER, at the rates set forth in Article II above, to the time of said suspension or abandonment, which payment is to be the full and final settlement for all the work performed by the ENGINEER to said time, and such work shall become the property of the CITY upon said payment. ARTICLE Iv All terms, conditions and provisions hereof shall inure to and shall bind the parties herein, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. • APPROVED AS TO FORM City Attorney, Rancho Cucamonga 0 CITY OF RANCHO CUCAMONGA Mayor By: City Clerk C G ENGINEERING By;7 x LSD' President Ila • 9 F CITY OF RANCHO CGCAMONGA STAFF REPORT DATE: December 3, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SBUJECT: Acceptance of Parcel Map No. 5505 The subject map consisting of 9 parcels located on the north side of Almond Street, east of Sapphire Street, was approved by the City Engineer on March 17, 1980. The map has been completed and is ready for filing with the County Recorder. All off -site improvements, with the exception of a drive approach are existing. Developer: Mary Harkins David A. Whyte Diane L. Whyte RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the City Clerk and City Engineer to sign the map and forwward it to `.he County Recorder. Respectfully submitted, LBH:BK:jaa Attachments 43 • 10 JI.MVIRT I]!] TENTATIVE MAP PARCEL MAP NO 5505 w rue cm' n R•vcvo c�cAfwvsA K�r A fVK�VIwY � // /Ixaaunexf v ' T/+uiu�/ i w Wi M /ar/miW )/ u.rAO y1xTi Na/w)nr Naa • Kax[/nti L�vn'YG . RLL /•O pwaC[f IINSINKR NOTCf �•aA e • ru .ax. ./n re[ uw oia aJu[ viOLF a.[ ai[f "•xeu[x ..vu,. r[eea � s um t 9) Ill Sr)• we.f f• _ X11 ___. • l• ✓1 .^ A�^nOND M w T 5 t![ I fW RESOLUTION NO. 80 -108 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5505. (TENTATIVE PARCEL MAP NO. 5505) WHEREAS, tentative parcel map number 5505, submitted by Mary M. Harkins, David A. Whyte and Diane L. Whyte and consisting 4 parcels, located on the north side of Almond Street, east of Sapphire Street, being a division of a portion of Government Lot 4, Section 21 Township; north, Range 7 West, San Bernardino Base and Meridian, San Bernardino County, State of California was approved by the City Engineer of the City of Rancho Cucamonga; and, WHEREAS, Parcel Map Number 5505 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; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 5505 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. • PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor 0 • I CITY OF RANCHO CUCNN",K'A STAFF RXPORT DATE: December 3, 1980 TO: City Council and City Manager FRCS: Lloyd B. Hubbs, City Engineer SUBJECT: Approval of Parcel Map No. 5922 The attached resolution authorizes the City Clerk and City Engineer to sign the above referenced map. The developer is Alta Loma Villa. The map consists of four parcels loca- ted at the southeast corner of 19th Street and Jasper Street. The map has been completed and is now ready for filing with the San Bernardino County Recorder. Bonds in the following amounts have been submitted: Faithful Performance $48,513.02 Labor S Material $48,513.02 RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing the City Clerk and City Engineer to sign the map and forward it to the County Recorder. Res pect£ully subcl /fitted, Lloyd_ B. Hubbs LHB:BH:I as Attachments 44 RESOLUTION NO. 80 -109 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5922, (TENTATIVE PARCEL MAP NO.5922) IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, tentative Parcel Map No. 5922, submitted by Alta Loma Villa, and consisting of 4 parcels, located at the southeast corner of 19th Street and Jasper Street, being a division of a portion of Lot 7, Block 20, Cucamonga Homestead Association, as recorded in Book 6, Page 46, Records of San Bernardino County, State of California was approved by the City Engineer of the City of Rancho Cucamonga on March 12, 1960; and, WHEREAS, Parcel Map Number 5922 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 Alta Loma Villa 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 599 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. �1 EJ PASSED, APPROVED, and ADOPTED this day of ,1980. AYES: NOES: ABSENT: ATTEST: Lauren M. serm Wasan, City clerk Phillip D. Schlosser, Mayor 7 11 "M TENTATIVE MAP . PARCEL MAP 5922 �o...r IN THE n.,,.. �..... CITY OF RANCHO CUCAMONGA �• •b a r•ov sLLn hn. s I t 1 l) LOCATION MAP T.4 9325 ` \ Iss /3o.3c _ tN StreeI -19 _9 _ S 1 Not a Port, -- i I - W' GALA_ E_ :AVENU �•. - .1..90'6 - - '• — .^ �, yy.,. TT 1 — 1 r • - �yv Me 1126/32.1 � t 1 l) CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Municipal Code and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the City, by and between said City and Alta Loma Villa WITNESSETH: THAT, WHEREAS, pursuant to said Code, Developer has requested approval by the City of Parcel Map Number 5922 in accordance with the provisions of the report of the City Engineer thereon, and any amendments thereto; located southeast corner of 19th Street and Jasper Street and, WHEREAS, the City has established certain requirements to be met by said Dev- eloper prior to granting the final approval of the parcel map; and, WHEREAS, the execution of this agreement and posting of improvement security • as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the pupose of securing said approval; NOM, THEREFORE, it is hereby agreed by and between the City and the Developer as follows: 1. The Developer hereby agrees to construct at Developers expense all improvements described on Page 3 hereof within nine months frim the date hereof, as per Section 2.12 of Ordinance No. 28. 2. The term of this agreement shall be nine months commencing on the date of execution hereof by the City. This agreement shall be in default on the day following the last day of the term stipulated, unless said term has been extended as hereinafter provided. 3. The Developer may request additional time in which to complete the pro- visions of this agreement, in writing not less than four weeks prior to the default date, and including a statement of circumstances of necessity for additional time. In consideration of such request, the City reserves the right to review the provisions hereof, including construction standards, cost estimate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by substantial changes therein. • 4F 4. if the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions • to be completed by any lawful means, and thereupon to recover from said Developer and /or his Surety the full cost and expense incurred in so doing. 5. Encroachment permits shall be obtained by the Developer from the office of the City Engineer prior to start of any work within the public right of way, and the Developer shall conduct such work in full compliance with the re- gulations contained therein. Non- compliance may result in stopping of the work by the City, and assessment of the penalties provided. Public right of way improvement work required shall be constructed in con- formance with approved improvement plans, Standard Specifications, and Standard Drawings and any special amendments thereto. Construction shall include any transitions and /or other incidental work deemed necessary for drainage or public safety. 7. Work done within existing streets shall be diligently pursued to comple- tion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 8. The Developer shall be responsible for replacement, relocation, or re- moval of any component of any irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the owner • of the water system. 9. The Developer shall be responsible for removal of all loose rock and other debris from the public right of way resulting from work done on the adjacent property or within said right of way. L 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director. 5a 11. The improvement security to be furnished by the Developer to guarantee • completion of the terms of this agreement shall be subject to the approval of the City Attorney. The principal amount of said improvement security shall be not less than the amount shown below: IMPROVEMENT SECURITY SUBMITTED: Faithful performance Bond 348313.02 Material and Labor Bond $48,513.02 IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required by law on the dates set forth opposite their signatures: DEVELOPER BY r DATE: BY: x i) +r DATE:4 / WITNESS:_ DATE: 4/ CITY OF RANCHO CUCAMONGA, CALIFORNIA BY: ATTEST: RCE123 a municipal corporation c.J I CITY CLERK • .' 3 _ CITY OF RANCHO CUCAMONGA CONSTRUCTION AND BOND ESTIMATE ENCROACUMENT PERMIT FEE SCHEDULE (attach to "Inspector's Copy ") • DATE: 11/12/80 PERMIT NO. COMPUTED BY Barbara Rrall LJ File Reference PM 5922 City Drawing No.s #377 NOTE: Does not include current fee for writing permit or pavement replace- ment deposits. CONSTRUCTION COST ESTIMATE ITEM( QUANTITY U::II L'NIT COST S AMOUNT • r r- _ in' r 868 L.F. P.O.C. r"rh - H" C.F. 77- . Garb ,111 6" C.F. L. F. \.G, ifrr-, (57-00 min) L.F. " >. C.c. Sidewalk 4875 S.F. 1.75 3 . 6" give : \nnrnach 780 S.F. 2.10 1,638.00 N" P.C.C. Cross Cutter 76q S.F. 2. 0 Street nxcavation 0 1 U. 1. 3.00 3 030.0 Imported Embankment U.I. Prr nrntiin of Sub rade .. s -4 , R, c S.E. S.F. 108.00 A.C. (over 1300 tons) TON A. C, (900 to 1300 tons) TON I.C. (,indar 500 to 900 Cons) TON ,.c. l.mder 500 tons) 150 ION Pitch A.C. (trench) S.F. 1" Thick A.C. OVerlav S.F. >.1'nse Sower `I.H. to Grade EA. AW.!i c 5ewor C.O. to Grade EA. dd� \wC hater v:,Lvos to (rade F.A. C��nnf ' rhrf 1 CA. Strew Si ^ne EA. Secret ':rn,+s EA. 35 735.00 Refl r ors R posts EA. 35.00 _ Sawcut 400 L.F. 2.00 1 i iilACi:aAl.l.ti f h.F. IRRIC!(CION L.S. TOTAL CONSTRUCTION COST 44.102.75 jlra 0 INSPECTION FEES I. TOTAL INSPECTION FEES . . . . . . . . . . . . . . . . . . . . S 2,109.62 II. CWMACTION TEST FEES . . . . . . . . . . . . . . . . . . .4 III. 10": CONTINGENCIES . . . . . . . . . . . $ 4.410.27 IV. DESIGN FEES (10: of Total Construction Cost Estimate) . . . . $ TOTAL . $48.513.02 Faithful Performance Bond = $48,513.02 Material and Labor'Eond = $48,513.02 Maintenance Bond = $ Cash Monumenting Deposit . $ RCE22E • • 63 ITEM UAN'rITY 1UNIT TUN TT C N CONSTRUCTION INSPECTION - of Construction Cost Estimate L.S. L.S. I I.S. j,\,—, ,:-r P ^T OR TRFC H PF.R11:1.':EN—, PAVER °`:T REPLACEMENT IL.F. STORE I'A'U"RIAL N RIGHT-OF-WAY IFA. I. TOTAL INSPECTION FEES . . . . . . . . . . . . . . . . . . . . S 2,109.62 II. CWMACTION TEST FEES . . . . . . . . . . . . . . . . . . .4 III. 10": CONTINGENCIES . . . . . . . . . . . $ 4.410.27 IV. DESIGN FEES (10: of Total Construction Cost Estimate) . . . . $ TOTAL . $48.513.02 Faithful Performance Bond = $48,513.02 Material and Labor'Eond = $48,513.02 Maintenance Bond = $ Cash Monumenting Deposit . $ RCE22E • • 63 01 0 9 CITY OF RANCHO CIXAMONGA STAFF REPORT DATE: December 3, 1980 TO: City Council and City Manager FROM: Barry K. Hogan, City Planner BY: Tim J. Beedle, Senior Planner SUBJECT: ESTABLISHMENT OF A COMPUTER SERVICE AGREEMENT FOR THE OPERATION OF THE FISCAL MODEL BACKGROUND: Prior to the operation of the Fiscal Model at City Hall it will be necessary to establish computer terminal facilities through hook -up to the master computer facilities that runs the Fiscal Model. The company, United Computing Systems Inc, of Newport Beach, will establish our line service agreement to the computer system in Kansas City. A contract with the firm for $2,400 provids one year worth of service. This service agreement will provide the City with the physical linkage to the master computer system along with an estimate likely costs for computer runs. It is estimated that the system will be set up for use around the end of the year and come "on line" with regular service approximately the first of next year. RECOMMENDATION: The City Council direct the City Manager or designate to enter into contract agreement. Respectfully s bfiitted, (-BARRY K: HO City Planne V BKH:TJB:cd Attachments COMPUTER SERVICES AGREEMENT • Between 9320 Baseline Suite n Rancho Cucamonga CA 91730 and UNITED COMPUTING SYSTEMS, INC. Ho 25205 Washington Avenue UCS, or NC, M Kansas City, Mo. 64108 SERVICE PROVIDED The Company agrees to furnish and the Customer agrees to purchase Computer Services consisting of input output capability throug h remote terminal devices. central processor time, and program storage capacity, in accordance with and subject to the terms and conditions as stated in this Agreement, and subject further to the applicable terms and conditions of the Company's Price Schedule, as in effect at the time of usage, and any supplement hereto. Customer agrees to obtain and pay charges for the use thereof independent of this Agreement' suitable terminal and data set equipment and /or telephone line service as may be required to communicate with the Company's Computer Systems. The semce to be furnished at any time during the term of this agreement shall be as then described in the Company's Price Schedule for the Computer Service Option(s) subscribed to by Customer. The Computer Service Option(s) to be in effect imtally are set forth on the Computer Service Option Schedule signed by Customer. The Company may, but shall be under no obligation, assist in the conversion of Customer's existing programs to equivalent programs for use on the Company System. Customer understands such assistance, if given, is gratuitous in nature and unless otherwise specified and a separate charge made therefor, the Company bears no responsibility for such conversion or the accuracy of the output therefrom, such responsibility remaining at all times with the Customer. Customer agrees, upon receipt of billing, to pay all charges for use of Company's Computer Service as determined by the Company upon the basis of the Compenv's Price Schedule in effect at the time of usage, and in addition, agrees to be responsible for and to pay all usage incurred on its assigned User Number(s). INITIATION OF SERVICE CHARGES , There shall be an Initiation of Service charge to Customer of $100.00 which includes User Number assignment. Said charge applies to initial User Numberls) only for each Customer for each continuous contract period. MONTHLY MINDIUM There shall be a 3 300 monthl y minimum charge on Computer Service usage. Said charge applies to the combined usage under all User Numbers validated for a Customer. ADDITIONAL TERMS AND CONDITIONS TERM OF CONTRACT This Agreement is effective for a period of thirty (30) days from the stated effective date, and shall thereafter remain in full force and effect as otherwise provided. Because of capacity limitations the service described herein is subject to prior sale This Agreement may be terminated by either party upon thirty 130) days prior written notice. In the event mrminanun bccumr, cfe eve as of any clay other than the first day of a calendar month, Customer shall pay use charges accrued for the calendar munch in which such effective termination date falls, subject to the stated monthly minimum charge unptorated. 2. PRICE SCHEDULE The Price Schedule shall be subject to chau_e by the Company. The Company' will endeavor to notify all Customers at last fonydisa t �)1 drys in aJsana• of any changes m pnnnd'jpplieabie to such Customers, but the Lulure of Customer to receive any such nonficahun shall not relieve Customer of the obhganun to pay the charges reflected by such changes on pnnnq. The Companv's obheatam to pruvtde computer services is tultilled when the Computer System available from the nearest Compare computer center or remote access station serving Customer is operational for a total of at last one hundred (i001 hours within (tie said normal hours to any calendar nwinh. If this obligation is not fulfilled, then the pun :ram swr:ce Clugxs to excett of the anti onun nwnihly charge it), the month involved will be reduced by a pciccntage denied Irum the ratio vii hours less th.m one ImnJted that the system was not operational to one hundred. 1'hz prices [,sled in the Price Schedule du nut include sales, use, excise, or similar taxes. Consequently, in addition to the prices specified therein, the mmm�si tit any' present or future sales, use, excise, or usher similar tax applicable to the sale tit serve 's hereiinder shall be paid by the Customer, or in lieu thereof, the Customer shall provide the Company with a Uxmxemptinn certilicete acceptable d) the taxing euthunnes. 6�S • 3. CONFIDENTIALITY The Company wfiI provide reasonable security provisions to insure that access to Customer's programs is available only with the User Number(s) assigned to the Customer. Company agrees to protect Customer's programs and files to the same extent that Companv protects its own proprietary information and under no circumstances will it disclose such information to others, provided that Company shall not be liable for any unauthorized act of any employee, farmer employee or other person. 4. IMPROVEMENTS In order to continuously improve the quality of service to the Customer, the Company reserves the right to make changes in rules of operation, accessibility periods, Customer identifications. procedures, type of terminal equipment, type of system equipment, system programming languages, and location of the computer center or remote access station serving Customer. S. GENERAL A. Neither party may assign this Agreement without the written consent of the other party B. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PROVISION OF SERVICE HEREUNDER. LIABILITY OF THE COMPANY IN ANY AND ALL OTHER CATEGORIES AND FOR ANY AND ALL CAUSES, INCLUDING BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION SHALL, IN THE AGGREGATE, NOT EXCEED ONE MONTH'S AVERAGE BILLING TO CUSTOMER TAKEN OVER THE 12 MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OR INJURY IS ALLEGED TO HAVE OCCURRED, BUT IF THIS AGREEMENT HAS NOT BEEN IN EFFECT FOR 12 MONTHS PRECEDING SUCH DATE, THEN OVER SUCH FEWER NUMBER OF PRECEDING MONTHS THAT THIS AGREEMENT HAS BEEN IN EFFECT. C. Customer understands and agrees that the limitation of liability provisions of S.B. hereof shall extend to protect and inure to the benefit of all owners and licensors of proprietary programs marketed or provided on the Company's Commuter System. . D. Customer agrees and understands that the cost for utilization of the Company's Computer System and related fatuities will vary depending upon such items as: volume of data stored and processed, size of programs, time spent on the system, priority level and frequency of processing, all of which are within Customer's sole control. Opinions, job cost surveys and estimates rendered to Customer as to anticipated cost figures for Customer usage of the Compayv's Computer System are estimates only, and unless spectf cally guaranteed in writing, are not a limitation on the charge to Customer for usage of the Company's System. W E. In the event any invoice is not paid by Customer WITHIN FIFTEEN 0 DAYS AFTER ITS MAILING TO CUSTOMER, Company may (reserving cumulatively WI other remedies and nyus under this Agreement and in law) at its sole option and discretion, and without prior notice to the Customer, temonate this Agreement and Customer's access to and use of the system. F. No waiver, altcralion, or modification of any of the provisions hereof shall be binding unless in writing and signed by a duly authorized representative of the Company. In the event Customer issues a purchase order or memorandum or other instrument covering the services subscribed to, it is hereby specifically agreed and understood that such purchase order, memorandum, or instrument is for Customer's internal purposes only and any and all terms and conditions contained therein, whether printed or written, shall be of no force or effect. Except as herein expressly provided in the contrary, the provisions of this Agreement are for the benefit of the parties hereto solely, and not for the benefit of any other person, persons or legal entities. G. The Company has not authorized any agent, employee or other person to make any representation or warranty concerning the sem cev to be provided hereunder other than as staled in this Agreement or Addendunv thereto signed by both part... and official Company manuals for Customers. Customer represents that it has relied upon no such represenraoan or warranty v) executing this agreement. 11. With respect to any Bulk Usaec or Unlimited Use Rates elected by Customer, Customer agrees that all such services are tot Customer's internal use only and Customer will use his best efforts to prevent unauthorized usage and will not subcontract,lr peniut subeininactmg of services obtained hereunder. L Unless otherwise provided in writing and a separate change made therefor, Customer shall be solely responsible for the pelota am, format, completeness and auuraev of input data oa any program runt on the Company's Computer Ss ste m. • 1. Co in pa n will pruvidc assisis nce and ads ice to Costumer, d requested, as it normally and usually provides. to assist Customer in ns use of the synnn. Company will provide Customer with Svstem manuals, instruction books and other or s vu donnn.n is, reasonable in nwnber and relation to Customer's use, free of charge. Additional copies nuiy be s,co red upon ( wnpany's agreement and payment of the Company's then standard charges therefor. I • K. Upon the termination of this contract for any reason, the Company will not be responsible for the retention of Customer programs or data for a period in excess of 50 days following the date of such termination. Within such penod, the Customer may make arrangements with the Company for the transmission of such programs or data to the Customer upon the payment to the Company of the cost of recording such programs or data onto magnetic tape and shipping charges for such tape from the Company's computer facilities to Customer's designated point of delivery. L The terms of this Agreement shall be construed and interpreted under the Laws of the State of Missouri. COMPUTER SERVICE OPTION SCHEDULE Election is hereby made to subscribe to the following options described in the current Company Price Schedule. It is understood that the election may be changed as of the first day of any month upon written notice of such change to Company at least thirty (30) days prior to the date of change. The terms and conditions of the election are as provided in the Company Computer Semce Price Schedule. The options herein designated pertain only to timesharing and remote batch services. All other services subject to changes are uniquely identifiable and charges therefor will accrue upon customers usage of such services. Computer Service Options: Timesharing: Remote Batch: Check if Applicable Conversion and /or See attached •Contract Programming I I Addendum A Services: Other: ❑ The Effective Daze of this Agreement shall The "Company' The "Customer' UNITED COMPUTING SYSTEMS, INC./ City of Rancho Cucamonga UCS, INC. (Name) By ),By Title: Title'. Date: 'I'Ius %?,ecment subject to accepunse by Unned Computing Systems, Inc. /1-CS, INC. at their home Office to Kansas City, Mmoun, A<ccptcd', UNIT LD COMPUTING SYSTEMS. INC. L'CS, INC. By Tile. Date. 6"'? • SYSTEM ADDENDUM to the COMPUTER SERVICES AGREEMENT UNITED COMPUTING SYSTEMS, INC. ❑ ❑ ❑ ❑ ❑ ❑ ❑ APEX CRAY 3300 360 3600 176 UNIVAC Dated: Between United Computing Systems, Inc./UCS, Inc. ( "UCS ") and City of Rancho Cucamonga Customer Customer No. •Customer requests that access to the above indicated system(s) services be provided subject to the terms, condi- tions and limitations set forth in the standard UCS Computer Services Agreement (61F1 -277). Prices, discounts, and other terms and conditions for the above indicatea system(s) service are separately provided in respective price schedule(s) for each system indicated above. Non - standard terms, conditions, limitations, etc. provided under an existing contract between UCS and customer shall not be transferable, or be applicable to the above im dicated system(s) service, unless otherwise specified by Schedule S. Check if applicable: Schedule S ❑ The "Company" The "Customer" United Computing Systems, Inc. UCS, Inc. City of Rancho Cucamonga By: t< By: Date: T Date: This Agreement subject to acceptance by United Computing Systems, Inc./UCS, Inc. at their Corporate Head. quarters. Accepted: United Computing Systems, Inc. UCS, Inc. By: Title: gDale: 61,65 980 SPECIAL "ANNUALIZED MINIMUM" ADDENDUM TO EXISTING COMPUTER SERVICE AGREEMENT Date: UNITED COMPUTING SYSTEMS, INC.IUCS, INC. ('THE COMPANY ") and City o£ Rancho Cucamonea Community Development Customer The Company offers the following alternate method for applying a minimum charge factor to the service provided Its customers. The normal procedure is to apply a minimum charge factor of three hundred dollars ($300) per month on the total computer service utilized. The charge is applied to the monthly bill. The alternate procedure is to use an annual charge of $2,400 and apply it to the sum of the customer's monthly bills for a 12 -month period. The period covered is from the beginning of the first full month of service through the next 12 months. In the event that the customer does not utilize the full annual minimum, the difference between $2,400 and the actual amount used in the preceding 12 months will be billed in total on the invoice for the first month following the end &f the 12 month period. In the event that the customer elects during the next 12 months to terminate its contract with the Company, the Company will prorate the minimum requirement for the number of months actually used (again at $300 per month). If the prorated minimum is greater than the amount actually utilized, the difference will be billed on the customer's final invoice. If you wish to utilize this alternate annualized minimum, please execute this Addendum. The Effective Date of this Addendum shall be The "Company" United Computing Systems, Inc. UCS, Inc. By: Date: The "Customer" 'f By: Title F Date: This Agreement is subject to acceptance by United Computing Systems, Inc.IUCS, Inc., at their Corporate Head. quarters. Accepted: United Computing Systems, Inc. UCS, Inc. 1W y: _ Date: _ 6F66 2w Title 57 0 a fY OF RANCHO CUCAMONGA MEMORANDUM Date: December 3, 1990 To: City Council and City Cknager From: Bill Holley, Director, CCctm4�mity Services Department Subject: Request by Community Services Department for Part -Time Clerical Position The Ccamaiity Service Department is in need of additional clerical support in conducting it's daily operation. This need has been precipitated by the expanded assignments within the C nmmity Service Department. The specific request is that authorization be granted to employ a temporary part -time clerk typist effective immediately through the conclusion of the current fiscal year. This position would work a mvdaran of twenty tours per week and not be subject to the fringe benefit costs associated with a full time employee. Further, the associated cost of the position, maximum of $6,612 world be carried by a thF:.a mcn.th salary savings derived by the October 1, 1980 hiring of the C maraty Service Department Administrative Aide mod a minor realignment of currently allocated Cammmity Service Department part-tine personnel budget. In sum nary, no additional funding' is required by the Commmity Service Department to implement this position, only authorization to make necessary intradepartmental redistribution of funds for perso mel and equipment (typewriter and typing stand). RECQ@P'R'SDATICN: That the Comnuity service Department be authorized to es- ESUsF a temporary part -tine clerk typist position. through the conclusion of the current fiscal year. If any additional information is needed, please feel free to contact me at your convetience. , • a r,.vn ,.re n..rn.rn STAFF REPORT DATE: December 3, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Resolution Approving Railroad Spur Crossing The attached Resolution was prepared by Engineering Staff and incorporates comments- suggestions made by the Atchison, Topeka and Santa Fe Railway Company and the City Attorney_ This Resolution will approve the installation of a railway spur line accross 8th Street in the vicinity of Milliken Avenue. The spur line will serve as access for shipping and receiving in conjunction with the recently constructed O'Donnell- Brigham Industrial Development. The developer is obligated to construct both the spur line and 8th Street to accommodate the crossing. RECOMMENDATION: It is recommended that Council approve the attached Resolution and authorize the Mayor to sign the Resolution and the petitions submitted by the Railway Company. Respectfully submitted, LBH:bc Attachments 0 • F00714%LL ARROW Z W J S A. T. E 3. y iv% F. R• R• B iti m l 1, � � 1 V L i � J r u f s CITY OF RANCHO CUG-VVIO \GA ENGINEERING DIVISION roe 2911, 5 Q. ITEM: TITLE SP1.1RR Liao M1IBITI g SCALE NMS V � NORTH RESOLUTION NO. 80 -110 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A PETITION BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO CONSTRUCT A SPUR LINE ACROSS EIGHTH STREET 2,912.5 FEET WEST OF ROCHESTER AVENUE. WHEREAS, the City has approved development of Industrial Buildings known as Rancho Cucamonga Industrial Center on Pittsburgh Avenue south of Eighth Street as "Rail" served facilities; and, WHEREAS, the Atchison, Topeka and Santa Fe Railway Company has prepared and submitted for Council approval, a petition to "construct, operate and maintain an industrial lead track" across Eighth Street; and, WHEREAS, the City desires to insure orderly development and perpetuating public health and safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga that said petition is approved and a permit is hereby granted to allow the Atchison Topeka and Santa Fe Railway to construct, operate and maintain an industrial lead track across Eighth Street 2,912.5 feet west of the westline of Rochester Avenue, being more particularly described as follows: • Beginning at a point in the northerly line of 8th Street (60 feet wide) distant 2912.5 feet westerly along said northerly line from its intersection with the westerly line of Rochester Avenue (120 feet wide); thence along the arc of a curve concave southwesterly and having a radius of 478.34 feet, through a central angle of 170 40'55" a distance of 147.35 feet to the point of ending in the southerly line of 8th Street distant 2773.9 feet westerly from its intersection with said westerly line of Rochester Avenue. ID Said approval being subject to the following: The City of Rancho Cucamonga reserves the right to grade, pave, macadamize, repair, improve or alter said Eighth Street or any part thereof, and to repair existing installations of sewer, water, gas, telephone, Edison or storm drains and related appurtenances, provided, however, that such actions will not unreasonably obstruct or cause damage to such track or business of such Railway Company. The Grant of such petition is made upon all conditions and under the provisions of any statute of the State of California regulating the uses of streets in incorporated Cities. IN Resolution No. Page 2 That the track completed within twelve (12) months from and after the date of approval by the Public Utilities • Commission. 0. That whenever it is deemed reasonably necessary and the City Council has determined such, the said Railway Company, its successors or assigns, shall plank or pave in the manner directed by the City Council, between the rails and for two feet on each side thereof, and between the tracks where there are more than one and keep the same constantly in repair, flush with the street, and with good crossings wherever required by the said City Council; and that it will make all storm drains and culverts under and across its track where necessary to maintain street drainage which might be interrupted by construction of the track; and that the usefulness of all existing water ditches, flumes or pipes over which any track crosses, shall be left unimpaired. 5. The Railway Company shall at all times indemnify and save harmless the City against and pay in full all loss, damage or expense that City may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state or repair or presence of the spur line, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. • 6. That upon a determination of the Public Utilities Commission, that crossing indications, lights, arms and /or related appurtenances are required, installation of same shall be made as directed by said Commission. PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor 64 • 0 • i �• • . �• � v.uv �.vwuv,vtvv�f MEMORANDUM Date: November 26, 1980 To: City Council /City Manager From: Harry Empey, Finance Director L Subject: Lease Modifications Attached are lease modifications for City Facilities located at 9320 Baseline Road, Unit "C" (Administration, Community Services and Finance) and 9340 Baseline Road, Units "A ", "B" and "C ", housing the Community Development Department. The modification calls for a 10% increase in lease payments, and a change from a one year to a two year lease. The 10% increase represents the first increase in the two and one -half years the City has occupied the above - mentioned facilities. Recommendation: Council authorize the City Clerk to sign the lease modifications to be effective January 1, 1981. 65 I. PARTIES RENEWAL THIS AMENDMENT is executed at Costg mua , California, this 21st day of 0atcbe_r 1980 , by and between A H REITER OT'JELOPN= COMPANY (the "Landlord ") and CITY OF RANCHO CUCAMXrGA (the "Tenant "). For Unit "C' Professional Building I Located at 9320 Baseline. Baseline Business Center II. RECITALS 2.01 Landlord and Tenant, being parties to that certain Lease dated May 1 r, 19 78 *, and attached hereto as Exhibit "A ", hereby express their mutual desire and intent to extend the terms of the Lease and amend by this writing those terms, covenants and conditions contained in "2. TERM" and "3. RENT" as hereinafter provided. *and subsequently extended to Decanber 31, 1980 III. AMENDMENTS 3.01 "3. TERM" shall hereafter additionally provide as follows: The term of this Lease shall be extended for IRAft.(1) Year commencing on January 1 1981 , and ending Decanber 31 , 19 812. - 3.02 "4. RENT" shall hereafter additionally provide as follows: Tenant agrees to pay Landlord at such place as Landlord may designate without deduction, offset, prior notice or demand, and Landlord agrees to accept as rent for the Leased Premises the total sum of TVA TmusAND FOUR HUNDRED TWE^TPY AND NO /100 -- (52,420.00 ) Dollars, payable in advance on the first day of each month during the term of this Lease, as extended, commencing on the 1st day of January , 19 81 . The security deposit is increased by the sum of Dollars, receipt of which is hereby acknowledged. IV. INCORPORATION 4.01 Except as modified herein, all other terms and conditions of the Lease between the parties above described, as attached hereto, shall continue in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the day and year first above written. • TENANT: LANDLORD: THE C =:Y OF RANCHO CUCMUNGA A.H. RESTER DEV=PMPNZ COMPANY by by Title August H. Reiter, IIZ by -YO by RENEWAL I. PARTIES THIS AMENDMENT is executed at Costa Mesa , California, • this 21st day of October 1980 , by and between A.H. RESTER DE=PMENT COMPANY (the "Landlord ") and CITY OF RANCHO CL]CAMONGA (the "Tenant "). For Unit "A" BuildiM II Located at 9340 Baseline, Rancho Cucamowa II. RECITALS 2.01 Landlord and Tenant, being parties to that certain Lease dated January 25 , 19 78* and attached hereto as Exhibit "A ", hereby express their mutual desire and intent to extend the terms of the Lease and amend by this writing those terms, covenants and conditions contained in "2. TERM" and "3. RENT" as hereinafter provided. and subsequently extended to December 31, 1980 III. AMENDMENTS 3.01 "3. TERM" shall hereafter additionally provide as follows: Tf -o L The term of this Lease shall be extended for One (1) year commencing on January 1 , 19 81 , and ending December 31 , 19W 3.02 "4. RENT" shall hereafter additinnally provide as follows: Tenant agrees to pay Landlord at such place as Landlord may designate without deduction, offset, prior notice or demand, and Landlord agrees to accept as rent for the Leased Premises the total sum of FOUR HUNDRED SEVENTY SIX AND NO /100 - - - -- ($ 476.00 ) Dollars, payable in advance on the first day of each month during the term of this Lease, as extended, commencing on the 1st day of January , 19 81 The security deposit is increased by the sun of ---- ---- --- - -- --'—"'- --- -- ----(-$-- -- ---- ) Dollars, receipt of which is hereby acknowledged. IV. INCORPORATION 4.01 Except as modified herein, all other terms and conditions of the Lease between the parties above described, as attached hereto, shall continue in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the day and year first above written. TENANT: LANDLORD: CITY 0° RANCHO COCAMONC.A by by A.H. RESTER DEVELOPM-7ir COMPANY by August H. Reiter, III by 47 C, J .L . . v L RENEWAL • I. PARTIES THIS AMENDMENT is executed at Costa Mesa , California, this 21st day of October , 19 _, by and between A H REIMR DEVE[QP�t -TU CYRANY (the "Landlord ") —Jra (the "Tenant ") . For Unit Located a II. RECITALS 2.01 Landlord and Tenant, being parties to that certain Lease dated October 1 , 19 78 * and attached hereto as Exhibit "A ", hereby express their mutual desire and intent to extend the terms of the Lease and amend by this writing those terms, covenants and conditions contained in "2. TERM" and "3. RENT" as hereinafter provided. *and subsequently extended to December 31, 1980 III. AMENDMENTS 3.01 "3. TERM" shall hereafter additionally provide as follows: t The term of this Lease shall be extended for Opo ps (3;) year • commencing on January 1 19 81 , and ending —02 114' RENT" shall hereafter additionally provide as follows: Tenant agrees to pay Landlord at such place as Landlord may designate without deduction, offset, prior notice or demand, and Landlord agrees to accept as rent for the Leased PremiSes the total sum of cnm m+V^1on1 sropv nNe F \1J NO /101--- - - - - -- ($ 541.01 ) Dollars, payable in advance on the first day of each month during the term of this Lease, as extended, commencing on the 1st day of January , 19 81 The security deposit is increased by the sum of -------------------------- Dollars, receipt of which is hereby acknowledged. IV. INCORPORATION 4.01 Except as modified herein, all other terms and conditions of the Lease between the parties above described, as attached hereto, shall continue in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have executed this Amend,ent as of the day and year first above written, is TENANT: by by LANDLORD: A v vcrmvo nn rvrnn% -W f A %N by Title August H. Reiter, III by OK RENEWAL I. PARTIES THIS AMENDMENT is executed at Costa Mesa , California, • this 21st day of October , 1980 , by and between A.H. REITER DEVELOPMENT COMPANY (the "Landlord ") and CITY Or' RANCHO CUCAMD A (the "Tenant "). For unit "C' Building II Located at 9340 Baseline, Rancho Cucanonga II. RECITALS 2.01 Landlord and Tenant, being parties to that certain Lease dated October 31 , 1979 , and attached hereto as Exhibit "A ", hereby express their mutual desire and intent to extend the terns of the Lease and amend by this writing those terms, covenants and conditions contained in "2. TERM" and "3. RENT" as hereinafter provided. III. AMENDMENTS 3.01 "3. TERM" shall hereafter additionally provide as follows: {wo 1 The term of this Lease shall be extended for an (1) year commencing on January 1 , 19 81 , and ending Decanter 1 , 1 z 3.02 "4. RENT" shall hereafter additionally provide as follows: Tenant agrees to pay Landlord at such place as Landlord may designate without deduction, offset, prior notice or demand, and Landlord agrees to accept as rent for the Leased Premises the total sum of SIX HUNDRED TWETI^_' ONE AND NO /100 - - - - -- ( $ 621.00 ) Dollars, payable in advance on the first day of each month during the term of this Lease, as extended, commencing on the 1st day of January 1981 The security deposit is increased by the sum of _— _______ __—___ __--- ____W_— _— _.LS___— -------- 1 Dollars, receipt of which is hereby acknowledged IV. INCORPORATION 4.01 Excect as modified herein, all other terms and conditions of the Lease between the parties above described, as attached hereto, shall continue in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the day and year first above written. TENANT: CITY Or RANCHO cLrAM arA LANDLORD: • A.H. REITER DEVFT-opHj N. COMPkNy by by i- e August H. Reiter, by l(J(y D de CITY OF RANCHO CUCAMONGA MEMORANDUM November 25, 1980 TO: City Manager /City Council FROM: Building Official SUBJECT: Adoption of Building Regulations This item was continued from the City Council meeting of November 5, 1980. The City Council has since received copies of a memo of clarification from the Building Official on the subject of wood roof coverings and a map outlining current and proposed fire hazardous areas distributed with the Citizens Advisory Commission Agenda. Because we are adopting 'published codes by reference., the method of notification for public hearing is different than for usual ordinance adoption. In order to accomplish notification require- ments stipulated by state law, it is recommended that the City Council hold first reading and set the date of December 3rd for the official public hearing,- I will be available at both meetings to respond to questions and provide information concerning the ordinance. , See attached excerpts from Government Code for notification requirements. 70' .,� CITY OF RANCHO CUCAMONGA MEM0RANDUM October 17, 1980 TO: City Manager FROM: Building Official SUBJECT: Building Regulations Adoption /Wood Roof Coverings Comments during and after the Council meeting of October IS, 1980 indicate that clarifying information is needed for the complete understanding of the roofing revisions. contained in the proposed Building Regulations Ordinance. To that end, I have prepared this memo. - Underwriters Laboratory (U.L.) classifies roofs into three fire retardant classifications, Class A, 0, E C. These classes are determined after passing certain tests for fire- retardancy with Class A being the most retardant and C - being the least retardant of the three. In addition to the above classifica- tions, other roof coverings, designated as "Ordinary Roof Coverings" by the Uniform Building Code are in widespread use in the residential building industry. Wood shingles and shakes, as usually installed, fall into the "Ordinary " roof category, however wood shingles and shakes can be impregnated with retardant chemicals to achieve a Class B or C approval dependent upon their method of installation. On a 1600 square foot house and double garage, installation of approved fire - retardant wood roof covering, in lieu of untreated wood covering, would add about $2000 to the construction cost to achieve a "Class B" rating and approximately $1000 to achieve a "Class C" rating. In addition to the above classes of roofing, the Uniform Building Code also recognizes what is called a "Special Purpose Roof" which uses untreated wood shingles or shakes but utilizes asbestos interlays or fire resistant underlay to theoretically reduce the spread of a fire. The city is currently divided into "Fire Zones" 2 and 3, as delineated on the attached map. In Fire Zone 2, special precautions are required in construc- tion including one relative to roof coverings, becuase of the danger of fire spread by brush or grass and the resultant difficulty of control. In Fire Zone 3, roof coverings on residential structures may be "Ordinary" roofing reguardless of size. In the proposed building code adoption ordinance we have proposed expansion and renaming of what has been "Fire Zone 2" The new boundaries are also delineated on the attached map as the High Fire Hazard Area, This expansion is as proposed by the Foothill Fire District and appears valid, considering geographical and As Building Official, I have reviewed the alternative proposal and cannot justify in my mind, the added cost of installation, since insurance costs foi the average homeowner would not change by the imposition of higher standard standards and life loss records in spread of fire by untreated roofs is relatively nil, or at best undocumented. I believe the code modifications as submitted for City Council consideration would impose sufficient restriction and provide adequate safeguards to life, limb, property and public welfare as set forth in the purpose of the Uniform Building Code. ?4 u topographic conditions and water availability and brush /grassland circumstances C in the area. • We have also, upon recommendation of F.F.D., increased the fire retardancy requirement for roof covering in the "High Fire Hazard Area ", eliminating the "Special Purpose Roof" and requiring a Class B roof if wood roof covering is utilized. outside of the 'High Fire Hazard Area" (formerly Fire Zone 3), "ordinary" roof covering could still be utilized under the ordinance proposed but would be limited to residential buildings, not over two stories in height, not exceeding 3000 square feet in area and so located that all portions of the roof are at least 10 feet from any property line. This proposal for roof covering outside the "High Fire Hazard" area also surpasses what would be permitted under the published 1979 Uniform Building Code, as follows: a.) Limits use of "Ordinary" roof covering on one and two family dwellings, garages and similar accessory buildings, b.) Eliminates permissive use of "Special Purpose roofs" on small assembly uses, businesses and multiple family structures and, e.) Categorizes small apartment buildings and one and two family dwellings as one in the same for the purpose of determin- ing allowable roof area for ordinary roof coverings. The Foothill Fire District would prefer that the use of treated wood roof • coverings be expanded into all areas of the City because of the difficulty of coping with roof fires particulary under high wind conditions and for improvement of personnel safety during fire fighting activities. As Building Official, I have reviewed the alternative proposal and cannot justify in my mind, the added cost of installation, since insurance costs foi the average homeowner would not change by the imposition of higher standard standards and life loss records in spread of fire by untreated roofs is relatively nil, or at best undocumented. I believe the code modifications as submitted for City Council consideration would impose sufficient restriction and provide adequate safeguards to life, limb, property and public welfare as set forth in the purpose of the Uniform Building Code. ?4 u CITY OF RANCHO CUCAMONGA MEMORANDUM October 15, 1980 TO: City Council, City Manager FROM: Building Official I SUBJECT: Adoption of Building Regulations Accompanying this memo is a proposed ordinance for adopting the latest editions of standard codes for regulating building construction and maintenance. City Council approval of the proposal will resind those portions of the San Bernardino County Code dealing with buildings and replace them with regulations that are generally in use throughout the United States. The ordinance represents those changes and additions to the model codes as prepared by the Building and Safety Division to respond to local conditions. The provisions relating to fire safety have been reviewed with Foothill Fire District and generally incorporate their viewpoints. The portions relating to grading are the second step toward establishment of comp- rehensive grading control in the city and have been reviewed and recom- mended for approval by the Planning Commission. The portions regarding building security were evolved through the Citizens Advisory Commission and carry their recommendation for approval. Attached is a tabulation of the proposed changes and a brief explanation of their significance and /or reason for the changes. It is recommended that the City Council introduce (first reading) and set the date of November 5, 1980 as the date for public hearing and second reading. 73 ORD. SECTION CODE N0. SECTION NO. REASON /SIGNIFICANCE 1 Deletes S. B. Co. regs. 2 Informational ' 3 Definitions . 4A UBC /204 Establishes Board of Appeal consisting of Members of Cit, Council or appointees, rather than "persons qualified by experience and training" to pass upon building matters. Reason - persons in construction field generally do not wish to serve and when serving frequently encounter conflicts of interest. 43 UBC /203 Violation /penalty clause - required by law to be incor- porated to be effective 4C UBC /303 Establishes provision to effect completion or demolition of incomplete construction once permits have expired. 4D UBC /304 Revises administrative provisions regarding fees to coincide with Rancho Cucamonga fee adoption by Resolutior also establishes retention fee on refunds. 4E UBCi305 Coordinates Bldg, approval with other developnental requirements. 4F UBC Deletes fee table in UBC for consistency with Rancho Cucamonga fee policies 4G UBC /420 Establishes swimming pool definition 414 UBC /1111 Establishes swimming pool as regulated construction 4I UBC /1105 Deletes asphalt paving in buildings where motor vehicles are operated or stored. 4J Establishes new swimming pool fencing requirements - all new fencing will be 5' -6" height rather than 4' as now permitted. 4A Modifies published code so as not to require smoke detector for reroofing, exterior and interior refurb- ishing. Detectors would still be required for addition of habitable space exceeding $1000 value. 41, UBC ;' cn.ip ccr 10 Establishes additional requirements for construction within the "High Fire Hazard Area" - re: roof coverings attic and underfloor areas. 4,q UBC /I l01 Restricts use of "ordinary" roof coverings in all a to roofs not over 3000 sq.ft. in area and min. 10 fee from property lines. /� ORD. SECTION CODE " NO. SECTION NO. REASON /SIGNIFICA. \CE ' 4N UBC /2907(b) Reduces the size of structure that may be constructed without any foundation to 200 sq.ft. rather than 400 sq.ft. as allowed by published code. 40 UBC /3708 Requires chimney spark arrestor consistent with State regulations. 4P UBC' Wdifies new UBC requirement so as not to mandate a Appendix/ pre- inspection on all reroofing 3210 4Q UBC Expands and clarifies grading operations exempt from Appendix/ grading permits. 7003 4R UBC Revises enforcement capabilities re: hazardous natural Appendix/ slopes or grading conditions. 7004 4S UBC Adds definitions consistent with Grading Committee Appendix/ Ordinance #118 7005 4T UBC Revises UBC consistent with Ordinance 0118. Appendix/ 7006 4U UBC Revises fee schedule consistent with Rancho Cucaaonga Appendix/ fee- establishing procedures 7007 4V UBC Elaborates and makes specific grading bond content and Appendix/ procedures 7008 4W UBC Clarifies and revises slope criteria, allows for waiver Appendix/ of compaction under certain circumstances 7010 4x UBC Clarifies and revises setback requirements for bldgs. Appendix/ from graded slopes 7011 4S 118C Expands and makes more specific, erosion control methods Appendix/ and slope irrigation requirements 70l -i 5A UUC /203 Establishes City Council or their appointees as Appeals I Board 5B UUC 1204 Penalty Section - required by law for enforcement ORD. SECTION CODE" NO. SECTION NO. REASON /SIGNIFICANCE Sc " UHC /1501 Revise method of payment in demolition cases consistent with city policies and procedures 6A UCADB /203 Violation penalty clause - required by law for enforcement 6B UCADB /203 Establishes City Council as appeals board 6C UCADB/ Creates a procedure for summary abatement of hazardous 206 -207 and dangerous conditions through city action - establish hearing and collection procedures for reimbursement of costs 6D UC\BD /801 Revises administration of demolition contracts to be consistent with Rancho Cucamonga policies and responsibilities 6E UCABD /802 Deletes funding policy inconsistent with Rancho Cucamonga practice . 6F UCABD/ Revises administrative responsibility from "pubric works thru 901 -905 director" to "building official ". 6T 7A UBSC/ Revises Uniform Building Security Code consistent wit thru 4301 -4115 recommendations of Citizen Advisory Commission 7H SA USC /103 Violation Penalty - required by law for enforcement 8B USC /303 Modifies Uniform Sign Code consistent with Rancho 8C Cucamonga sign ordinance 9 Expressed findings necessary for modification of publish- ed codes - stipulated by State Law • UBC Uniform Building Code UHC Uniform Housing Code UCUlD Un i fora Code for Abatement UBSC Uniform Security Code USC Uniform Sign Code of Dangerous Buildings L FOOTHILL FIRE PROTECTION DISTRICT • P. O. Box 35 6623 Amethyst Street Rancho Cucamonga, CA. 91701 (714) 987 -2535 November 5, 1980 Council Members City of Rancho Cucamonga 9320 Baseline Ave. Rancho Cucamonga, CA., 91701 Gentlemen: As I am sure by this time, you have been made aware of our most serious feelings opposing continued use of combustible roofing within the city. I will therefore not belabor the point but respectfully • request you take a small amount of your valuable time to review the enclosed materials prior to making any decision regardinq combustible roof coverings. If I can be of any further service or answer any questions please do not hesitate to contact me. Respectfully, Kenn t Wflker� BC /Fire Marshal JEL:br 7? �-1 )i i02ra7� t9c o a-F to 7 i9;, 7 Fire hazard in California UNSUNC heroes In California these put weeks have been the firefighters. the 7,0011 men and women from JI lima who have been battling one of the worst Outbreaks or !Iran in the stale -a hislorv. More than 6011 firelight have been Injhred aml 61 mores draroyrd. A painful hwson repeatedly learned In Vallfor• ale's relenthsa fire history Is that wooden roofs render Irulldlags more, vulnerable to spreading Flamm. Although a flreretardanl rear is not a guarsntce against fire damage, officals know that nonirombnstlble font rMlerMis am a deterrent to worse damage. Shingle rinds am Incendiary. Once Ignited, sparks and flandng shingles may blow onto other rcoftupn unit Into surrounding brush. greatly enhancing the potential for destruction. Unfortimalely. It half only been In the afternoon of dtsantroue fires that communities have been spurred to enact ordinances prohibiting flammdue raid coverings. In the wake of a huge blare In l.aa Angeles' Mandeville canyon on tAt. 9, 1076, the county castled an ordinance prohibiting the use of fire, prone malecluls in All new or replacement reef eonstruvilun In high fire danger are ". The Loll Angeles Fire Depnrloulm made a telling point by demuinirating the difference In fire damage to two homes. In rhuee proximity with one onolber: a house will, a ruck rem( survived the fire, and fine with a shake shingle roof burned to the ground. A big fire In Irate In San Francisco; uwing 1 Fbtd area. In the vicinity of what is now the I niv,,NIl of San Francisco, prompted The City to change Its 61111411119 code nn ban wood nhinglo U and shake roofs In new or replacement conatrur tlon limlesn treated with an acceptable fire retardantl. In that fire, 67 building.; — all with wooden raids — burned. as fiery emMve Mown Into the air Ignited roof after roof. Must surrounding Hay Area communlllem. however, have no such reef requirements. The California Forestry Department in con - ducting a statewide survey, which it hops In complete In February, to dMermme what local gwsrnmentc are doing In fire prevention. Present' ly, there Is no state law requiring fires stant roof I materials. Sen. Ruben Ayala, DSan Bernardino, who sponsored Zhu Feadullon calling for the survey, also hu Introduced legislation that would requur, by ate law, timmkid ant roofing In high fire batard areas. Tho findings of the Forestry Department will Influents what the I^Ielalure• dos with that bill. Meanwhile, as suburban housing connlruc. lion climbs the hills and spreads over the sum baked California countryside, rows of new, shingleronfcd dwellings as an Increasingly familiar night. It wind-fed blazes sweep down the dry, granny hillsides and Into forested canyons filled with wooden-rooted buildings, hsplem homeowners wielding garden hoses will be hard pressed to save their dwellings or their neigh. hors'. Let us hope that a conflagration will not he neeeaury Were community action In taken to Improve fire prevention where roof construction ls nmeerned, rendering ben. Ayals's Mglslulon unnecessary. L FIRE JOURNAL MARCH 1980 Razing; the Roof Editorial II .. m. Ili In nalr. Intl hau• that 11 di..1,1l.1 i, pillru urm,,. pia I 1 inn 11 pi o pr.gdr lu I.rA'. ..dill .0mi d a1 Iruu. Sa.6 ".., Iln'ra... m I lau,l nu. '12,.11, rn lud. \, oywn h•rl iu ILr J.uman' I im, jovil. \'al.. Ill. IlunHun (:it, p, 11 I.nt J11h p.rellvumJ ar11un nn a pu.pn..11 el. .rµ. 1,.l' ILr u.1• of lint . ill if p11. rd- ,L.ngl1 .1111, 16.1,o 11..1,. 111 IL.• r.n At lip, I....1•, 1,11•.1 ... 1111 1, ,11111i'n, pill Ihr ...r pit 1,..111 w..1u.0 1,.11. md, 111 Ilnu,tnn lip, Ill, Ili ., 1:111 I:uun. 11,........ i g, a lip ho. k, ..ul ... ...... th, i ILr c.k. apt rwd a,n.....n.el ,hn1gl. u.111...nwl r, .'..111"11, 1,r, but11 22 ^_ al..pi l..v lit Loddmg, 'I 'hr nr,l 1,.11. Ihr ( IpUll l p..,..•1, 1111 unhuanl l 1 :...I A ' prn6L 111' Nil 'ALr 111..' pirdnl,nul. nv p.0 ra that, nil, 1,11 .... lit ... , u..1, me r..n g, m I1piu.l11n pima h1 lirr- Irl.udemt. 'pull. ly 11 I11•1g fillip .1111 1 .1..1"11"11.1 rrqunlmcnh, Ihr mdn.anrr will "'A'. ILr inr nl 1 uv. ill 11, pool ,,.r.gl.�, 111 .1111,1, crn .,,pluarr • 11..,1rvv1, ILr nnLn.lurr rvngrl. nnr...ud n,...I,uu.h ir.nL w1. 0"'w" of Ihw.r ...u1, "'c. 111 Iiumlpin r... ,vnlu11.r h. uv umbraI'd nil .Lingh•, 1.r liaA, nu Ilip , 1,1.1,, 'p\r dn11A IL..t ......... „r11.1.oupig 1Lr ...r nl uul n•etrJ wolel ,Iu11gh., 111 ,halt, 1uu ILr .1,d, .d ......1 I .... IIIIIIg, "full. All n.1,/; Iho.o 1,11.don 1111.1,1..... I. .... I ndrquAl. 111 Ill ".po d „a.htl 11.;,11,. It ..... .1111, I1u11ML Ill, 1. and ILr 11,.o, 11.pi u1 ILr .. .... I thm 11.1 ill..... ton on.11eg.,ml11.1 (I'll nil .F11l.ad 11r,u.gll.l.nnd, hnnlr. oral Ill, .gall lnlrut ...lnpll,, Iln.ulon ,Lonid hary d...... w h.1, Dalla, dill Fill,..,iuµa,..nnh.L.uglr 1 on1 I..., Ihal dr,lun o1, u1' dau.aµrd hA .lp.ulmrld, I.ul Sr I'l..111fe p..gr 'a ill Oil, i„w• I. ILr DAL,, 151. Cu o11. 11 pa,,. d .... u. dm.wu ..•gnu mg that rending m.. ill u.,w Lm IdL1g, 1,1 A 11 ".1 ( la.. ( I. I Ipiu,tpi11, .. I ..mu .r, I, n11l .dn11r u, lnumlu.g.. palI1al h.n1 lu ILr 1111 of I,., Angr lr.. pill, w a Will rpinlfag.mill" 1,1, ....o1, n.ar .,INI I............... I1, at rd Hotel a61 'gl. - o11r1, .u. alll... rd 111 nunLl r..h IIAIaud, .'whet' A fill. ion,., lu ILr "1,, uunull,un di.lual it ILr adbu lot lily 1,1111,1 em.... h1n,11l.1. nu. I, limit Iw• -.l h. i 1',1,11, A ill 1:L1„ If In In, Aug.•Ir,(:uuuh, n 1,n, pe,wd in Ja. n.,ui I'1 ;!1111p1m (:.w, II 1 n..li in ,..111111,11, and hnn bland ......1, .u.d Clap (' .....1, u. 1111.... 1. u., I ........pill ". 111 ,11 p". 1. \I...1 pit ihl. 111.1 m ppi.alyd .mla. ul ILr ...npir,, h..I- 1,11.11111„ 1111m 1a1l.d.r.md- d11ng1., 11.1.11 11.1.. ..an, rh,.nlln pill It IA' t........ .. n11• p.. le11 ..11...1.. I r , A lull. it Owl m.11ralyd wrvnh +luuµl, a11d ,hA. w..I..uo nu..dr' llalhlr Ih.m w,Wlpig lilr Ih1 .m,wr1. ' r mgr L..lul.m.un N. Il.11auh. awl I ...... r...urn aLAr I1, I•en with 1IIl.11 1..1 A 1,1l. 1,1 p.0 l.nrit, Ili di ma... .1 tn1al Lau if unlr,.illd.. mud..limgh 111 ,h.d..n..1, ( lid, L, 1.u.1,µ Ill.. • 11.nf .pill wr I ... nalr liuul 11p1 ,n., ill th. g 11, 11,lnu. u ll lm .gs"l I'At'l K I I A(Al I h:rlflnr' M fIo,� Ang ie e,� c�ime,� I IA RRIWN GRAY 1)I'IS. HARRY CIIANOLF.R. Pob 1911 NORMAN LHANOLLa. 19/I IWA ii w 4—PART VI SUNDAY, DECEMBER 24, 1878 Roofs: Kindling as Coverage Supervisor Kenneth Hahn argues for banning wood roofs that aren't fire-resistant throughout Los Angeles County, not just in areas that face high risk from brusb tires, In fire zones, wood roofs, aesthetically pleasing as they may be on homes nestled among the foothills, clearly have no business. 'rhe Loa Angeles County Board of Supervisors has tentali0ely —and rightly, In our view —voted to upgrade requirements for new construction in zones of high fire risk. Essen- tially, that means that pressure- treated, flame - reardant shakes or shingles, previously permissible In fire zones, may no longer be used on any new home, new roof or roof on a new addition unless a layer of meal sheeting is placed under the shingles. The supervisors also voted narrowly to require some degree of tire- reardancy fo roofs in other unincorporated areas of the county. Many of the materials used In roofing —red tiles, asphalt shingles or concrete shingles— already meet the proposed standard. But the change would mean that untreat- ed wood shingles— kindling, Hahn rightly calls them —no longer could be used; they would have to be at least pressure - treated. The requirement may well be justified in new housing developments in which one can virtually walk from roof to roof. But should the county go so far in other areas? We know that, as long as a course Is optional, many people won't protect themselves. But we also know that upgrading the standards can add 50% to the cost ( a root. Wat's an option that the owners should be able to select it they don't live in a high - risk area. If they are concerned about fire safety, as they should be, they don't have to buy a house with a wood roof. Outside the areas of high risk, the mar- ket should function as the regulator; lower insur• ance rates that people get for fire - retardant roofs will be an added incentive to put them on, u C • CALIFORNIAS WINDBLOWN HELL. Dry weather, mountainous terrain, brush-exposed homes, wooden roofs and the Santa Ana Wind all add up to disaster. i I I I 4i, . A . - T� �_ I I L thm. California's Windblown Hell The recurring cycle of brush fires followed by excessive runoff has created major problems for insurance companies as well. since Vaal, $58 and - lion in insured property has been destroyed by brush fires —more than Lo times the insurance pre- miums paid for fire protection coverage by property nts'nors in tite area. Bpeciul if rra ago inen is liar e had to he rondo In ntainhint the avnilahllity of insurance in thv face of these staggering lassn.s. And insurers are now r,00pw'atin.1 with alarmed public offir.i:ls in a joint, ill drplh sludy of ways to doal with file bruait fire hozard. The I,Ilest rpele of dllslrnCtloll began with last snnuuer's dnmghl and 100- dearer tumperatures in the Los Angolos area. By mill -yep to Ill her, the scorch - ing, seesnnal ti,Inla Ana Wind, nr what native Cali - fornimtscall fill- "Devil Mad," had turned chaparral hrush-cocemd slopos and the fashionable. wooden Orn remaws alrer I r0 razs41hr5 aor":.r am. -y H II; In Ihiv area alono, - onoseoyea 0 shinglad roofs ut thousands of expensive homes in the area into under. All Thal was needed was a tine windblown spark, nml that came, ac.cordiug to fits Los .Angeles Fire Deparintent, ;it I0:nl ,1.m., Friday, September 25, when trash was ..,uol, nsly dumped at a burning site in the \t,ilihn area In thw hills above Los Angeles. What full.e.ed tc,is one of the worst fire disasters in Califomio hwau I% hipped ily the hot Santa Ana Rind. whit 11 at limas rr'a,.hed speeds of up to sa mph. hrush.euc,.mrl cantons 6ecano raving infer. nos. Sparks eaniod hp the wind ki'll'ed to rooftops of homes, llom eusv ners watched he.lplossly as flamesr.m5uau'd .Sla0,000h,lmes, thrn fled III panic to sacs their liens. Because, of the strong winds, firefighters were fact,(] n'illi an impusnihle Iasi,. Ifundreds of firemen dug firebreaks with hulldnwl's in an effort to keep SOIIIO =IOIOn \� e.rdsd.6 . - CALIFORN/A ANGELES Yxilk Q� ' E1 S.9w l.F.nh.11.rr e rhis rote ssaxs Ina gHrn11I ry the Cruse sees wn,rn caned . +.t R.doodo of conlrnl , hdl5 afar lhn coy of W An, s Anaalps I ruu n. +oroi wme "ono the flames from spreading. And planes futilely dumped tens of reetor and fire. - inhibiting chemicals over the blazing canyons. Only when cool, moist sea breezes took over from the hot Santa Ann Hind some five days later were the brush fires finally brought under control. Ilmv- ever, by that tine•. fires in 6o,, Angeles. Ventura, Orange and San Dirge counties find charred 525.006 acros of hrushl.md, left 11 dyad and 350 injured• and destroyed or seriously damaged some 2,000 homes, Insurer) losses alone from fires in the four ,.entitles were estimated at $25 million. The horror of brush fires is nothing new to Cali - formans. In 1961, a fire also fanned by the "Devil Wind•• roa end out of a temp gully called Stoma Canyon on the north side of the Santa \I1)nien moun- tain•; in Ihr city of Los Angeh•s. And tchen the en1- errs had finlliv r,nnlyd, aver 3CI homes and 24 other buildings in the l3el . %ir and I3rrntu'nod residrnlial disiriets were deshuyed or heavily damaged. In survl Inase.a were over 525 million. Through the, years, the insurance industry has tried m:uly approaches in an effort In provide ade- quate fire insurance proleclinn in hazardous brush areas. and at Ile same blue vii(a xg. grealer fire snfel_v. L: 1956, after thy Malibu and Laurel Canyon fires, the insurance market for brush - exposed prop- erties began to deteriorate. Many insurers, hard hit Wooden roofs went uo pike lender as gusting winds earned sparks to hornes like this one m the Chalswodh area of Los Angeles by staggering losses, were forced to notify property owners that they could fill longer write insurance in these. areas. Faced with this problem, the insurance industry in July of 1961 introduced a program for adding ex- posure charges on pruperty located in designated brush arras of Southern California. Included in the program was the selling up of a private insurance pool designer) to spread the brush fire risk among a broad segme.ut of insur ate, companies. The plan, still in operation, has two purposes. First, exposure charges are added to n regular dwell- Ing rate in order to dot -lop mere. premium to pay for brush fire losses. Sncuml, as charges are scaled to distance of the dwelling front brush, it 0151) salves to encourage brush removal and alms redUC.e fire hazard. 13r.fore insurance on anv dreolling is written under this program, insttranco company inspectors nice- sure till. dislancrx of the structure from the brush. noto the type of roof .fell check tltn fire fighting po- tential of the community as a means of determining the proper rate. Rates, bmVVVpr, are flexible, and property owners can earn in.9nran,,e pre.mimn re- du,.fions by Cutting hack brush farther or by adding other fire sandy improvenients to their properly. Following the disastrous 131)1 Air- Hrentw•nod brush fire in November 1)f 1961, the insurance in- M California's Windblown Hell dustry launched an all -out preventive program for fire - plagued Southern California. Oasis recommen- dations of the Insurance Committee for Brush Fire Hazard Abatement Called for: • Adequate water supplies in brush fire -prono areas through the building of new pipelines and by planning for use of swimming pool water and exist- ing water supplies that could be tapped by emer- gency pumps. • Brush clearance around hillside, structures by municipalities and planting of vegetation with fire- retardant and erosion - control properties. • Improvement of roads to allow for maneuver- ing of fin- equipment and construction of additional roads in inaccessible areas. • Conslructiml of additional fire stations in the brush area se, that nn dwelling is more than five road miles from a station. However, despite,u(.h insurance industry action, destruction from brush fires goes on. True, some progress has been mach. For example, Los Angeles now has an ordimmre which requir,'s 100 feel 01,111- datory clearance of brush from all buildings in the mountain area, flowmver, when the Santa Ana winds blow, nothing is safep_ even homes miles from the nearest brush. And according to Assistant Fire Chief William W. Johnston of the Los Angeles Fire Department, high winds ran spark fires as much as two miles xhnnd of the fire front. Another example is an ordinance passed by the Los Angeles City Council which prohibits untreated shake and shingle: roofs on new Construction in mountain fire areas. This measurn, whi0l was strongly urged fry the Nalionpl Fire Protection Asso. ,nation, has great autrlt. Bill unfortunately many owners of older homes just don't bother to have their roofs treated with a chemical fire - retardant. And omen soolo wnndril roofs that have.been treated lose their protrr.lion e:apahility after being exposed over a period of years to rain or high humidity. New fire. fightinn Inchniquus, too, have been uti- lized in an effort to con lrol brush fires in Southern California. Now, helicopters and airplanes err. used to dump w, ter and fire- inhihiling chemicals into blazing canyons, However, during the September, 1970, brush fires, the air was so hot that fire officials said the water was evaporating and the chemicals were consumed before they hit the earth. In addition, the turbulent Santa Ana Wiad often blew with such force that it was necessary to ground helicopters, preventing them from "bombing" hot spots, or dropping fire.. equipment at strategic lare- tions. During the September brush fire, a pilot and four fire fighters were killed when their helicopter crashed in the San Cabriul mountains. Is there an answer to Southern California's chronic brush fire problem? Ono fire protection mtgineer's answer is this: The problem is created by people who insist on living in an area where the hazard of fire is beyond all n:asonaWo limits. And if they choose to live there, they are just going to have to realize that they will have to pay the price for adequate fire. Protec- tion and adequate insurance. and also nral.e reason- able concessions in home design." Others (.lose to the problem believe that it is time for statewide planning and action to dead with the brush fire b..zard. In October the insurance industry, along with numerous California governmental agen- cies, one oun(.ed plans for a joint, in -depth study to assess Ih, stalls fatal fir, Fighting cupacily and pre- vention programs weth the aim of Improving the system. "The 1970 fires were se, humorous and tremen- does in scope: that they almost defy a single interest to gather valid informalurn for meaningful pur- poses." said an insurance industry spokesman. He added that the study would attempt to document statewide fire fighting and prevention programs and total loss, rather than dwell on control efforts made in any single fire area. The report is expected to pay particular attention to adequacy of fire fighting fa. cilities and will Iry to pill point basic man - power and equipment needs. Fvcn ns the study goes on, new data keeps coming in for the group to assimilate. In mid - November, California's D,vil Wind wren on another rampage, whipping up it fire that scorched some 45.000 acres Of brusldand near San Bernardino, causing thou- sands of persons to fine its path, and destroying dozens of homes. The critical factor in the next few weeks will be the amount of rain falling on those fire- raked. vul- nerablo hillsides. The critical factor for the longer pull will he whether residents and puhlic officials in the affected areas are ready to come to terms with a violated ecology. Ontil they do, they and the peo- ple elsewhere who are currently subsidizing their losses will continue to pay an excessively heavy price. Reprinted from the Journal of AmerlCa nsomfice, January February, 1971 L • 11 NYPA's POLICY ON wOODEN.SHINGLE AND SHAKE ROOFS The position of the National Fire Protection Association 15 that untreated wooden shingles and shakes should not be used to cover any roof, on any type of building, In any locality, The reasons why NFPA takes this uncomprontsin. position can be simply stated. Good shingles and shakes possess certain characteristics that no other type of roof covering that Sa in common use possess; wood shingles and shakes burn, they can be easily ignited, and when burning they give off flying brands. The longer they remain on the roof, the more hazardous they become. As early as 1907 a committee of the NFPA on roofs and roof coverings made an exhaustive study of the subject and presented a report represent- ing the opinion of fire protection authorities on a nationwide scale. In that report the use of wooden shingles as roof covering was not recognized because of the then well -known fire hazard of that type of roof. Nothing has developed in tho post fifty years to change our opinion then established. O The conflagration record has clearly established the devastating fire hazard from concentrations of wood shingle roofs. As for back as 1901 the wood shingle conflagration In Jacksonville, Florida, <! estroyed 1700 build- ings, In 1908,Chelsea, Massachusetts, had a wooden Shingle conflagration which destroyed 3500 buildings, and 1600 buildings in Salem, Massachusetts. were destroyed in a shingle conflagration in 1919. Three mayor shingle con- flagrations occurred in 1016, In Paris, Texas, 1441 buildings were destroyed; 646 in Nashville, Tennessee; and 652 buildings in Augusta, Georgia, The next year Atlanta, Gcorgla, suffered a wooden shingle roof conflagration which de- stroyed 1938 buildings. The NFPA conflagration study records 63 conflagrations since 1900 in which the primary cause via$ the wood shingle roof, t' our portion is not based alone on the conflagration record, convincing as title has been, NFPA established its field pervice operations in the early 1920' and through visits to many cities during the next ten years we found that spark: on wooden shingle roofs wore the principal cause of fires in many cities of the country. Detroit was one exanple. During a 6 -yaor period, from 1931 to 19361 De trot had over 15, 000 ,shingle roof liras, No other cause of fires in Detroit duri% that period approached this number. Indianapolis was another convinctng example. lie received a report from Indianapolis in the early 1930'3 which read as follows: "Indianapolis onncted on ordinance to eliminate wood shingle roc ?s in 1920, Ghilo the ordinance was being considered by the City Council one day, we had 53 fires, 56 of which wore from sparks on wooden shingle roofs, and the next day the ordinance was passed," At that time, InAtanapolls had from 1200 . to 1500 tires from sparke on shingle roofs annually, far exceeding fires fro:a any other cause, Prior to the adoption of an ordinance prohibiting wooden' shinalo roAfa In Birmingham, Alabama, that city had Moro Limn 2000 shingle roof f�reS in a your, representing more then two - thirds of all the fire department tolls, i. (2) Our efforts to ban the wood shingle roof In the cities were based on the iire and conflagration record, and over the ensuing years many cities acted to prohibit wooden shingle roofs throughout tile city limits, A Sur- vey of roofing ordinances that wo pado in 1962 brought replies from more than 1630 cities, Five hundred and sixty -five (SGS) of these cities, includ- ing 61 cities with population over 100,000, effectively prohibited the use of wooden shingle roofs, Sixty -eight (66) of the cities over 100,000 population and over 700 smaller cities required fire safe roofing for the congested areas, only 334 cities of the 1669 reporting permitted unrestricted use of wood shingle roots. It has been argued that attempts to eliminate wooden shingle roofs and rural areas were not justified, iiowover, our studies made when the shingle roofs were so prevalent indicated that sparks on wooden shingle s all 'other causes of fire on 2 statewide basis in farm and rural states, in tarn wooden led Probably Lilo most convincing technical evidence produced against the wood shingle roof was developed by a committee established by the then Dominion Fire Prevention association, in Canada, In 1926, which undertook a study of the rela- tive fire resistance of all of tine types of root coverings available for use on Canadian buildings, ono hundred and twenty -two samples were tested. This study classified the typos of roof coverings in Groups 1 through 6, Group 1 listed roof coverings which Cava protection against severe fir* exposure, and Groups 2 antl 6 graded roofs with progressively lessor protection. Group 6 listed roofs that "will not Live protection against small burning brands or direct flame and will produce dangerous burning brands," All of the wood shingle roofs tested fell in croup 6 and no other type of roof covering fall in this class. . The NFPA position on wood shingle roofs has boon attacked over the years as biased and unreasonable by the manufacturers and by some architects, Ile would point out that we have never encounterad a fire chief who does not agree wit$ us that wood shingle roofs are a fire hazard, The International Association of Fire Chiefs has passed unanimous resolutions condemning the use of wooden shingle roofs ou at least three separate occasions, The NFPA recommends that only roofs that cna meet at least the Class C standard, of Underwriters' Laboratories, Inc., for roof coverings, should be used, Class C includes roof coverings which are effect- ive against light fire exposure and which possess no flying brand hazard, Recent- ly, a trcatt,cnt for wood shingle roofs and wood shingles and shakes has been dc- velopcd that will enable such roofs to paes tlw Class C test, We favor such treated wooden shingles and shakos and have no objection to their use as Class C roofing, good shingles have been used as siding for dwellings and we have never objected to such use, Ile have recently heard the argument advanced that because sparks on roofs have dropped way down the list as a cause of fire, that we should no longer be concerned. The fallacy of this is obvious. This cause of fires has been mark- edly reduced because untreated wooden shinglea and shakes have been recognized as a fire and conflagration hazard In many ports of the country, and tine appro- priate steps taken to eliminate or reduce the number of such roots. To perrut m• encourage the reappearance of the wooden shingle roof hazard seems to us to be the haiOAt of folly, Percy Lugbee • Ch wf Adrnnir,trator scptcrnbrr 16, 1960. FJ • L] U,6 Angeles �ime� I IARRISI)N !'.RAY OI IS, Iw(1J91r HARRI' CHANDLER. IvV.I'HI NORMAN UTANOLLR, 1944. i m 1 4 —PART' VI SUNDAY, DECEMBER 24, 197a Roofs: Kindling as Coverage Supervisor Kenneth Hahn argues for banning wood roofs that aren't fire-resistant throughout Los Angeles County, not just in areas that face high risk from brush !ices, In fire zones, wood roofs, aesthetically pleasing as they may be on homes nestled among the foothills, clearly have no business. The �I,pp� Angeles County Board of Supervisors has Ientati4ely —and rightly, in our view —voted to upgrade requirements for new construction in zones of high fire risk. Hesem tially, that means that pressure- treated, flame - retardant shakes or shingles, previously permissible in fire zones, may no longer be used on any new home, new roof or roof on a new addition unless a layer of metal sheeting is placed under the shingles. The supervisors also voted narrowly to require some degree of fire- retardancy to roofs in other unincorporated areas or the county, Many of the materi Is used In roohng —red tiles, asphalt shingles or concrete shingles— already me Standard. But the change would am ad wood shingles— kindling, Hal them —no longer could be used; thi be at least pressure- treated. The t well be pmtifted In new housing which one can virtually walk from should the county go so far In other We know that, as long ae a to malty people won't protect themseh know that upgradinng the standards the cost of a roof. 't'eat's an option Should be able to Select it they don risk area. H they are to aba they should be, they don't have to I a wood roof. Outside the areas of hit ket should tune tlon as the regulat ante rates that People at for fire will be an added Incentive to put the ?7 ve to may le in I U optional, , But we Shia, I add 50% to t the owners ve In A high - ire Sdety, as a house with Isk, the mar- R•vN.r.a T..R fuE sou ENAE FJ67 -19 Vd. 61 Na S Editorial • A New Answer to an Old Problem IN nre early part of this century we were plagued with a considerable number of city conflagrations caused by flying brands from scowl- shingle roofs. Devastating conflagra- tions of this tope met rred in such places as Jacksonville, Florida; Augusta, Georgia; Paris, Texas; and Salem and Chelsea, Massachusetts; and there were many others. At that time the wood - shingle roof was to be found throughout the country. When I first started field work for the NFPA, I quickly disenvered that in many cities fires from sparks on wood - shingle roofs led all other kinds of fires. This was "a in such important cities as Minne- apolis, Detroit, and Indianapolis. Accordingly, we initiated strenuous efforts to persuade cities throughout the country that the wood - shingle roof was a grave fire hazard and that it should be prohibited from use within city limits. This campaign received hearty sup. port from fire chiefs, and over a period of a few years many hundreds of cities passed local ordinances controlling this hazard. Over the years the fires caused by sparks on wood - shingle roofs dropped from a leading category of fires to a very minor position. In recent )'cars, ironically — largely because of freedom from eonflagratfoas — wood- shingle roofs have made somewhat of a comeback, particularly in Southern California and in Texas. We %earned the cities in these areas that they were again building a conflagra- tion hazard. NFPA members may recall that a year or two before the devastating Bel Air • fire in the canyon areas of Los Angeles we predicted that such a conflagration would occur, by reason of the combination of wood - shingle roofs and hot, dry, windy weather. Over many years it has been nut view that entreated wooden shingles and shakes pre- sent such an obvious fire and conflagration hazard that they should not be permitted on the roof of any building. Now we arc extremely pleased to see a real breakthrough, in that a new treatment for scooden shingles and shakes will enable this type, of roof covering to pass the Claus C test of Underwriters' Laboratories, Inc. An article in this issue of Fine JOURNAL (pugs 53) reports the UL tests resulting in the Class C rating for treated shingles and shakes The Class r: test specifies that the roof shall not ignite readily from small burning br,n ds. ,end that it will not give off flanunq bands that could in turn ignite other roofs. TO be sure it is man, expensive to provide a roof with this treatment, but to the homeowner who insists on a wood - shingle or wood -shake roof because of its pleasing am. thetic effects, it reasonably safe shingle or shake run! is now available. We hope that the fire chiefs in those cities in Southern California and in the Southwest whore acres of wood - shingle rots at present abound (:md fire chiefs in other areas threat- ened by a current or potential wood - shingle problem) will see Ilhe wisdom of halting a hazardous trend by insisting on the Class C treatment for wo,d.•n shingles and shakes. This %olumm it last offers a means to eliminate it fir(' hazard that li.ls too long endangered many communities. Peaty Buom;r; General Monm;er, NFPA . PRICE SO CENTS DISCOUNT TOR QUANTITY IM rluA Copyright O 1967 NATIONAL NEE PROTECTION ASSOCIATION 60 SATTERYMARCN STREET, ROSTON, MASS. 02110 mmN M UI.. i - Fiery Brush, Fiery Roofs 1029.765 Fire strikes with savage regularity in the dry bru=_hlands of Southern California. We have a file of yellowing press clippings showing the cycle of _co.cern in its aftermath: first, calls for better protection; then praise for the enactment of fue- preventton measures: then a lament six months later that the rules have been quietly eroded. It make.^. dsnial reading against a memory of (lames licking at hillsides and chasing people from their homes One focus of this concern has been •.wood - shingle reefs. They create a rasee touch for houses, helomg them blend in with the natural elements If not Fame- re!ardant, however, they also help destroy homes when (fire sweeps along the tubs and down the cnrr: as it cns, did fast week "To build an e.nens::e house slid put kindling lv,-i on the rnof s Coolish," Simemsor ncmiah &a'.n _s d aii; be a;aa urged h "ig5er standards for r., in both the fire- hazard areas and through - cutthe rest of Los Angeles County. For brush.f:re-hazard areas— mainly in the San rennet and Santa Jtamca Mountains and around .,�.bu. fiahn woula have the county recscre not on:y Gre- retarrant presrare treatment for word sung ;es on newly constnmted homes, as it does now, bit also the use of metal foil beneath the �hmgle] to try to prevent flames from spreading. F ?r raher incorporated areas in the runty. Hahn cv�cld reamre that any wes.1- shmg!e roots use the presce- ircatea. Lire -reta: dart mauenals. The pro - posa!s crowd not affect homes in the �unsdienon of the city of Los Angeles, which allows shingles dipped in fire- retardant chemicals in hazardous areas Alter the Malibu fire in 1970, the supervisors raised roofing standards much as Hahn is now sug- gesting. By the following April- they rolled them back. under industry pressure, to the present levels. Hearings were held on similar proposals for high- er standards in 1976 after another tire. Fire offietalt agreed on the need for upgrading, but the supervi- sors didn't The use of the metal foil in addition to pressure. treated shingles can add V50 to the cost of a roof on a small new house —nat an ourjafecas investment, given the risks in these mountainous districts Los Angeles County Fire Chief Clyde Bragdon rays many of the homes left sanding in last week's fire appeared tc have We or other noncombustible roars. Where Hahn's proposal may run into trouble is in requiring the use of pressure- treated stungies for roots cn new homes in other areas of the county. The treatment adds SO% to the cost of a roof over plain wood shingles. We're sure this tradeoff of h:ghcr costs versa greater protection against Fires spreading chrough a neighborhood will he thor- oughly ventilated at hearings that Hahn plans to hoid soon. Crackling. ravaging brush fires are with us for all time, because nature repeats itself. We hone that the on- again, off -again pattern of Fire safety does not repeal itself. T i T Z^7 i.._iri-Ci- =rb��ra, (,'1_SZ! }% £a :'OZG�� fir I:Y i.00IS TIO-111P'SON, Y%%.y v:: aid anyo .c rot a iirenan risk his ME to sate sracoac a se'S bone from an on- 1 ha.c ccaer_i eo :^t!c. C:hfarnia brush - fires ono base seen tee phenomenon again and a_a:n: The roof of a house W: catch fire, and the 7. an ae„ni,mous bystander braves the smoke and ere -sco :chug :rnd,rs to :ecp the fire ender conceal with a garden nose until the LL:eaepar ;Cent am ci 11 I.:,pcad Tuesday night in the latest Santa Barbara lue. IJozens of houses wen A loaner : cc=i -;z oral mniarme cortes- pr -t :;, la.:; i;.,,r..; vn is a Iree-far..-erorucr u.•.a --scs :n Ga:::e, aS=:a (Jong=fnaarb. saved by anonvmous passerby. Some were distant na:phbnrs, others aere visiting necgh- birhood resident`. but most had no idea who lived to the hour, May were hoping to save. peap.e put life anal Gmb an the line for *tour tart :I the outgerned fare sera Won emtnhed with obvious saosfanon e . en fin,hed cap 3e; t, With that they vanished into the night By 10 p m. cn Tuesday Only privaL citizens with garden hales stow between the fire and dcw¢c:vn Santa Barbara. The fire had out - iianked f comer. and was advancing on several 1mns. By 10.30 it had moved into the neigh - tic:tcods our. ound:r; the downtown basineSs secure- When I iuved at the co: nor of Cola and Ctiqu to at 1]45. the situation looked hope - IemT.tc Iocat:aa :s two miles from the ezcic- a.ve 11, ­:,5 ca State S. On Alameda Padre Se o.L`.rstrectbchind_Chiquita Read.sever- a' hacC: were ahaze. The wind was blowing tew.rd Cbie_i :a. sending shcwcn of sparks ever ;ire d.-y, sh:r••led roofs. The flames from the L,.: =as on Watreda Padre Sera were iawv:.r.Y eve t`.e homes On Ch,quita, and the f.rr rr, =rent was rewhcre in ettdence. Ad of in qv ck:y saw that the key to the regtS.er. ads survival was a house at 523 0:q=a. On the property where it stood, a gr es4n-: sz tarkc4M nos; to a burning s.r:tcture en A:- a Padre Serra —the gucs.L:.sz wr:.'d he the tLtdgt If it burl the Ere would jump to the -aSj cute, the:1 a the ocher heUae9 on C}ugwta When the guesthouse caught fire at 11 p.rn. I wrote off Cne neight,Orhood. Nalf the hrmr- ewners on Chigiata were horne waienug cu,i r1 their roofs but there were enough ungua:did. roois on Chtgmta to turn the street into an in. ',.no. The unwaterm houses wouid catch firs:. and seen the flames would take over quickly. At the crucial house there were no lights There was no one on the root. Only five minutes after the guesthouse caught fire, a comer of the main house began to bum The owner of a mithbonng house spotted the flames from his root. Suddenly four men and one woman materialized and pre. out the blare. at least for the moment But the guesthouse was now totally involved, sending flames 20 feet Into the air. It wouldn't be long. 1 began to take inventory of the neighbor- hood In one house, photos just back from the processor lay on a table by the window. I. opened another window and rescued a caL Suddenly the main house at 529 was burn- ing again. It was a large three -bedroom struc- ture and a new fee was visible in the muddle of the roof. No one could find a ladder. The neighbors sensed this time It was hope- less Because it had flared in the center of tie roof, the fee was all but maccessble. The neighbors returned to their own houses. but one man thought to knock on the door at 528. it corned! A 79 -you -old man and has inva- lid wife %ere still mode. Evidently paralyzed by fright, they hadn't ever. called for help. The old man, who had bull: the house with his -own hands 10 years before, didn't want to leave his wife Both were moved across a:,e street ra re!ative safety, but their house con - unued to bum About this time, T noticed a lone man shoot- ing an anemic spray from a garden hose onto the roof. He tned spraying from vanous nosi- Bo,-.s around the heart. but he was unabie to see where the spray landed. I could see though! The small stream wouldn't put out tie Are. Grit e:,ojgh water was getting near tae fire to considerably slow ns spread. I tried to get near the man and ask is name, but the heat, spark, and spoke kept me back.How could he' stand i2 i For half an; :he kept the ttndersize;.r- .dzn lies: sprink:ing the ;oaf. if was almost 7130 a.m. when tie Cc.L LrC tack coded up. Its ere•.v was vsm!y eshaneed. Sowiy they urr.,iLd heir nrocs and backed the trucks down. Chrluaa to 528. Thpy pro- duced a ladder ana one ftemart climbed onto an adlacent garage. The lineman on the garage roof held his nozzle while pressure built up from the pum- per below. It took forever:.agnts from the pomper Illuminated the hour —and there was the man with the gander, hose still spraying. Tic Attic stream hit leis and right of the Are, and sometimes n missed the roor enurely. Bub it was keeping the fee under control C; non the pumper s - tEs n-! _ - -. erns tie street and w rr 1 - madeshort work ofthetrc..'x : we came up Chiil v ah ds ail: - syacm booming and ani.snru:':i . :.A dr.. -, c live :n th.s area you are r• ;do :rl W ::a:a - mcdalely." The nest lime f looker'. `c main tray He had saved the hou: r at ;CY, x= +.Si; -,.• the houses on win Fexa tit Cmgu:ta L-C going up in fiamts. His name was bl.rk or 1ce­ia: Nobody really knew, or probably ever w=ill know. .' Zaa Indio V oottt Fri. h1j 29,1977 —M A 7 q f it t 1 HAWN } rr jj� 1 �f I f t I Famoue lot wor,14 • LOS ANGELES, CALIF. TIMES 0 1.005.AA2 — 5 1.190,516 lW M:.EEES ME:pgE1i.W wlfA 1 1576 Editorial. A Lesson in the Ashes `The recent San Clemente fire destroyed 14 homes, damaged many others, injured 39 people, blackened 2.400 acres and at one point threatened to engulf more than500hmrtes But it could have been worse• much worse. The next one may be — it we fail to apply what we learned this Lime. Firemen seem determined not to let that happen. The community and its officials must bemade to feel the sameway. -� When we say community, we dont mean only San - Clemente, where firemen now are making an intensive post -fire appraisal All of Orange Countyshould be doing the same kind of critique, because just as surely as we had the destructive Paseo Grande in 1967 and the San Clemente fire, and hundreds of smaller ones in between, theta will be others It's a case of where and when —not If. And the time to start fighting those fires is not at the first sign of smoke. It is now — through the better, less expensive and much surer approach of prevention _ There are several observations worth making about the San Clemente fire. One thing that stands out is that - fire - fighting agencies in the county must rely on each other. San Clemente.' at best. can muster about five ' engine companies At the height of the fire, them were more than 85 units on the line, and more than 500 firemen battling the blaze. The Master Mutual Aid Plan and its periodic practice .. drills proved to be invaluable. When the call for help went out men and equipment from almost every city in the county, from . - ' - dne counties and the state . .es f .icc: aIsllt%11%is.O el, 'e -rSSY :'xf • and an adequate water capacity. Atone point. when winds sent a storm of flame toward houses near the burning brushland. San Clemente F 50 ire Chief Ron Coleman committed more than 50 engine 1 companies in a battle to save the homes Strangely enough, one major element that permitted a . successful stand was the width of the streets in the area Few residential streets could handle 50 or more Sire trucks and still have room for other equipment to move" about freely. But that part of Avenida Salvador did — because the city's engineering department had previ- ously insisted on a width of 40 feet for streets in new subdivisions" ' - - - Street widths can be critical in fire fighting. In some I areas of the county, blocks of houses, as many as 1,000, - could be lost because of narrow streets, Chief Coleman t contends.., The value of fire-resistant roofing: which has proved 1: its worth in so many other . serious fires, was dearly evident In San Clemente. Older homes in the area didn't have fire- resistant roofs But about two years ago, Chief Coleman arrived andbegan insisting on- fire - resistant roofs as a condition of approval on new tract homes built within 1,000 feet of brushlands The city was in the process of drafting an ordinance requiring them when' the fire broke out last week. Most of the Imes started on roofs Some homes suffered only roof damage Of the 14 homes destroyed, none had a fire- resistant roof; no home wi th a fire - resistant roof was lost Those facts should prompt homeowners to consider . fire - resistant roofing — and public officials to consider -: ordinances requiring such construction on all new "'homes or reroofing permits located in or near the bnuhlands In looking back on any major fire the skill and courage of the fire fighters usually stands out. It did in San Clemente Less visible, but just as vital in saving lives" and property, are the planning and preventive steps taken months and years before — built -in' fire protec. tion with things like wide streets, fire - retardant roofing i and smoke detectors That's the real lesson to be learned from the San Clemente fire' Playing, Politics The Los Angeles County Hoard of supervisors is facing another of those politically difficult decl- slons it tries so hard to avoid: Should the board stand firm against building•induatry pressure and order ftre-resistant roofing materials used in all uincorporated territory? . The board backed away from the controversy last July when It postponed consideration of an or- dinance to extend the requirement for fir -redstant tooling from high•lire•hazard area to ail tetrimry under the board's control. The reason for Indeci- sion then was heavy pressure from the wood. shake-and-shingle Industry, the manufacturers of those eye - pleasing but potentially lethal wooden roots so popular In Southern California. , There Isn't much backup room now left for the supervisors. A public hearing on the ordinance is scheduler) today. The building Industry and the County Fire Department will be there to present then arguments. The public will be there also. This time, in the midst of another btwhflre sea- e..n �,: Vrt Human son and In the Interest of protecting county 1ea- Monte from the known danger of untreated wood- ' en roofing and the flying torches that such cover- Inge can become, the board should take decisive ae- Man. That action should be a Arm :deddon to to. qulre llmretardant rootlng auatywlde. . Rounding up the required three afllrtastive votes ' should not be difficult. Two y" ago, acting on the recommendation of Fire Chief Richard H. Houts, the supervisors voted a requirement for fire-resistant roofing throughout the aunty. Then the board wilted and rolled back the ban to encom. pars only hazardous brush areas. . The wood -roofing Industry and the Wed building Iohby argue that chemically treated wood shakes land shingles are more costly than the popular, un- treated variety. They are right. But far more cost. ly, In lives and property damage, to rating that can Instantly become it flldng was, of burning fire- brands. 7ck l__J 0115 CHANDLM. PubI", ., a0atar A NELSON ESAMON GaAY OM ISII.1117 Esrad,e Vim Pmidmt ud Geaeal Heesao JUUr afANDGPP. 1917.1944 Wn11Aat P. 7HONAS Faavdw V!m P,odmt aaA Edict 210miAN OWMLER 19"1910 - WAILES C CUSP, Vim Poaidea— Pmdud;m - 10111tr C LDEDEU, Vu. P —`•_. _ _ _ . C&T—A -"' JrQLAWS.10aD750N, Vim Proil- b— Amistom to the FQW4hw -.. VANB L s OM4 Via.. PMUoWo Sdo JAMES BAUM Aaedat Whe JAMES BLttow9, Astod+b 11diur ANTHONY DAY, Ums of thilJOU Law '`,• Cr llosEar J• DDNovAM Aaosdw Lib►%- `.- } •. ; ,''�' PtrANK P. HAVV4 Yt w6j; ldift . ,, -: i e.yA_.'. 6 —Part If '.•`,THURSDAY MORNING SEPTEMBER 6,� 1973 * Y^ Playing, Politics The Los Angeles County Hoard of supervisors is facing another of those politically difficult decl- slons it tries so hard to avoid: Should the board stand firm against building•induatry pressure and order ftre-resistant roofing materials used in all uincorporated territory? . The board backed away from the controversy last July when It postponed consideration of an or- dinance to extend the requirement for fir -redstant tooling from high•lire•hazard area to ail tetrimry under the board's control. The reason for Indeci- sion then was heavy pressure from the wood. shake-and-shingle Industry, the manufacturers of those eye - pleasing but potentially lethal wooden roots so popular In Southern California. , There Isn't much backup room now left for the supervisors. A public hearing on the ordinance is scheduler) today. The building Industry and the County Fire Department will be there to present then arguments. The public will be there also. This time, in the midst of another btwhflre sea- e..n �,: Vrt Human son and In the Interest of protecting county 1ea- Monte from the known danger of untreated wood- ' en roofing and the flying torches that such cover- Inge can become, the board should take decisive ae- Man. That action should be a Arm :deddon to to. qulre llmretardant rootlng auatywlde. . Rounding up the required three afllrtastive votes ' should not be difficult. Two y" ago, acting on the recommendation of Fire Chief Richard H. Houts, the supervisors voted a requirement for fire-resistant roofing throughout the aunty. Then the board wilted and rolled back the ban to encom. pars only hazardous brush areas. . The wood -roofing Industry and the Wed building Iohby argue that chemically treated wood shakes land shingles are more costly than the popular, un- treated variety. They are right. But far more cost. ly, In lives and property damage, to rating that can Instantly become it flldng was, of burning fire- brands. 7ck l__J • • • Mr4 Altfrewl's V:irwY g 1 ARMSOS GRAYOTIS, tM-7917 IIARS Y CHANDLER, L V -19ii NOR::AN ULANDLE114 1914.1 %0 e55 �11 Pulduher and Chid Eo-eeud +e Offitsr ROBLRr D. NELSON Tiecu:i,n Vice Pasi4,= and Gc.:ail Want ;er WILLIAM F.THOW.S Etta:tiw Vrce P..idaat and Editor CHARLES CHASd. Vice P, nident— Froth.« ion ROBERT L. r'LAN \'e S, V:;e Ruidae :rd As,Iwnr ie d.e Pcelni :rc RCBERT C LOBDELL, Vic: i :aident ma Cavn.•1 VANCR L S'TICt'ELL, Vxe hmder-t —Saks JAMES BASSLTT, lasxirc Editor ANTHOSY DAY, E&t.r of the Ed:mW Pages ROBLRTJ.DONOVAN,Ans aiat<Editor FRANK P. HAVEN, Atamging lditnr JEAN SHARLEY TAYLOR, Axixuoe Editor 6 —Port II FRIDAY MORNING, JULY 29, 1977- You Can Lower Risk of MYe . Nowl•,cre is life rnore pleasant than on those woo•icd and brush - covered mountain slores and hillsides of Southern California where the cool ocean breezes of the evening relieve the heat of a summer day, But for thousands of residents of these areas, dan- ger also is a constant companion, when the winds, reversirr their usual uattern. blow hnr. from the de- serts across the land. Southern Californians accept these hazards as an unavoidable fact of existence. Sometimes the threat is not great, but then again, like the present period of severe draught and intense heel, the danger is extreme, and disaster can strike without warning. ' One year fire destroys hundreds of homes in the Bel --air residential district of Los Angeles, the Svor: t fire in the city's history. Another year Malibu is do astated. This time disaster has fallen on Santa Barbara and \fontecito. And too efLa the calamity is not limited to prop- erty, and lives are lost. The hazard or fire in Southern California cannot be eliminated but the risk can be reduced toith pro- per precautions. Both the city and county cf Los Angeles have regulations that apply in areas where the danger is present, These regulations, depending upon the risk of fire in various areas, include Lruih CieaTWICL, fire- resis- tant roofs and other measures. Both the city aad coent-v have enforcement pro- grams, but residents of these areas should not wan to comply until they are forced by the law to con- form. They have available front the city and county ex- pert advice on measures necessary to lower tee rst: If fire. They should voluntarily take whatever pre- cautions are necessary. It is their homes and, sometimes, their lives that are at stake, And their carelessness can bring havoc ' upon others. cl3 Fire -Safe Roofs Costly -- -but Worth It The Los Angeles Fire Department firmly believes that nonflammable roofing is one of the better protective devices In case of fire. Yet the firemen haven't been able to drive home that simple fact to the Board of Supervisors. Fire Chief Richard Houts says a ban on flamma- ble. roofing material, especially those wood shakes and shingles would substantially reduce the danger of flaming brands transporting fire from roof to roof and into adjacent brushland. Since 1071, fire. retardant roofing has been required In the high - fire- hazard arms covering about 40% of the coum ty. All unincorporated areas would have been in- cluded in that sensible ban under a countywide or- dinance adopted earlier by the board. But the su- pervisors wilted under pressure from the constivo- tion and shake and shingle industry and rolled back the ban to encompass only high-fire-hazard districts. There were predict Ions at the time that the su- pervisors would regret their failure to outlaw flam- mable roofing countywide. Those predictions came true last month when 11 expensive homes on the Palos Verdes Peninsula, an area whore untreated sh:dsas and shinoIrs in c prrmil tell, were destroyed by fire. Most. of the fire - gulled homes had entreat. ed shingle roofing. Neal by homes protected by a variety of fir- retardant roofing survived. The supervisors may have been convened, but there is cause for doubt. A July 26 public hearing to consider banning non- fire -safe roofing in all farts of the county has been postponed until September. The delay watt provide time for the shake-and-shingle lobby and the building industry to muster their arguments that [he requirement of a protective roof covering will add to the already high cost or construction. The builders are right to a point. Fire safety can prove costly. They will be fundamentally wrong, though, if they suorced again in persuading the su- priviuns not to prcidhit one of the leading contrib- utors to the massive losses in properly, and often life, from the fires that periodically tut this area, lay oriffird Valid Man., July 16,1973—Pmt 11 f 0 lJ • '$ Lof AHf emzr ''^iw4lf SrPY // I f ;p Another Assault on Safer Roofing • Is Fire departments and the insurance industq' are in general agreement that a fire retardant roof is an excellent protective device against the periodic brush fires that sweep Southern California, A non - combustible roof covering, of course, is not 1001b fireproof. But it is effic"ive to it degree against flying; emlxvs. and it is less likely to bast into a mast of deadly flying, particles itself, if the I structure below goes up in flames. This is the basic argument used in persuading councils and county hoards to adopt building codas that mandate file retardant roofing. After a par- ticularly devmting brush fire, it is not difficult to obtain a mere strmgent code. Keeping the revised i code atvineent, though, is never easy. A classic ex- ample of I Ito t di Ificully is a move under way in the city of Simi Valley against that community's i codes. Following severe brush fires that ravaged large i areas of Southern California in 1070. the Simi i council adopted a uniform building code. It re- quired ti.e retardant taint covering on all new buildings untreated wood shakes and shingles were banned. \fore expensive and leas fire prone shakes and shingles were permitted. So were other coverings such ascomposition roofing and tile, Simi lost only a few homes in the fires that swept through Ventura and Los Angeles Counties. It was lucky. SituaMl in a narrow, elongated valley, Simi was showered with burning embers from surround - Ing hfltr, >lost homes destroyed had untreated shake roofs. Despite protests of added costs from builders and the shake industry, the council adopt- ed a film code iecommetulod by its fire agencies. Simi s nvty code has worked well. Now, however, local builders arc quietly urging individual council- men to Imv,r roof w, rixilin ements. The orgunrems are familiar: healed shingles are costly'; coapost- i lion. %Mile cleaper, is unsightly, We hope the Simi council hears with great cau- tion those who counsel, in the periods bomoon brush fires. against firm, if more expensive, fire I protection. 'ral,e a lesson from Los Angeles Coon - ty. Aflcr the same 1970 files, the Board of Su- pen'hors li,icned to its fire experts; they urged a 4-15" ban on non - fire - resistant wood shakes and shingles in all muncorprated territory. The board, wisely, complied, Then the shake and building industry countered. Accused of emotional overreaction, the board agreed to &rollback. Now protective rooting material is mandatory in high hazard areas only and not at all in adjacent flatlands. And Los An- geles County is that much less prepared for fire once again threatening the area. There is no known method of preventing fhe in the brush- covered Southern Cahforma hillsides. But steps can be taken to reduce the hazards. One. of the better methods is to live beneath a fire retar- dant toot. Government, certainly', is not helpm¢ those it exists to serve by permitting any other type of covering. US AA4&0 91=10 HARRISON GRAY 0115. Iaat4917 HARRY CHANDLER. 1917 -1944 FORMAN CHANDLER, 194144940 EQUAL FIGHTS IFBERTY ENDER THE LAW CTlS CHANDLER, Mlilhrn ROBERT D. NELSON ExaK.< W. Pm,dmo .nd G,nad M.." N ICK B. `S It LWN Ea,cm;., \'u. P;oidrn; .,id Ednnr CH 6R1 ES C. CHAIR, V„r Prrsden<— Rrdurzim. ROBERT C. LORDFI L, V¢e Rn,d,el Ind Om1:4 Coum RICHARD S. ROBIN +ON. Vi„ Pm,deni— .Sdmmmuuu VANCE L. S ICKELL, V,., Rradmt —S.ie 11 U I R 5 t"E 11, .1sa -inr r ims I VIMS BELLOW R A,,—, r E- rr AN, '40\Y DAY. rdr. I' f rt, EC-11 Y, P+Sn RORER'r j. DO\OVA!,, A,xe..m Ed.;o FRA \K P. HAVEN, ALnanmA Ed,wr 6 —Part II FRIDAY MORNING, APRIL 30, 1971 �* Politics Overcomes Fire Safety It isn't exactly fair to accuse the Board of Supervisors of giving in to political prey. sure grudgingly. At times, the board caves In easily. Following the series of disastrous brush fires last fall, the supervisors voted to ban non - f Ire - resistant wood shakes and shingles in all unincorporated territory, in- cluding high •hazard mountain areas, which cover about 40% of county land. The ban wen overdue. County and city fire officials have long contended that flying embers arc a major reason why fire spreads Be rapidly from rooftop to rooftop In the frequent blazes that sweep Southern California, But the board hadn't counted on the po- litical savvy of the shake and shingle people and their ally, the building indus- try. Moving quietly, the allies persuaded the City- County Fire Board of Inquiry, a citizen group convened to Investigate the fall fires, that the board had orerreaetod and, in the proress, added to the high cost of construction. Despite the objections of fire expr.rts, the inquiry grouP urged a rollback alien .- would require lass protective material In high - hazard areas and hone at all in the adjacent flatlands. The suPervisot's, recognizing a v'ay out, complied. After aC, they agreed with the Inquiry board ani the building industry, county codes are now similar to those of Los Angeles which demand a lower grade retardant trod only in heavy blush areas and adjoining one -mile buffer zones. It appears that the supervisors may have wiggled off a sharp political barn. They haven't, however, dooc an, favors for their constituents who continue to live in areas subject to devastating fire. We trust the board will have its explanations in hand for the approaching fire season, al 0 J n U 0 SSorl Nuelecj male) 11ARRISON GRAY OTIS, 681.1911 I LIRRV CIIAN'DLER, )911�1944 NORMAN CHANDLER. 1911.19ta LQIIAI Millis LNLRIV UNDER 1'11E LAW 01 11 t MANIA I R. ROSERT D NF oN! tvutiv 1',.r P.ru.•.. .nJ 4rna.l ,Ilnyn NIIK a WIILIASIS Gaal.ev I'er P.n.dn1 .nd fJgor CILARLI'S ( ' f HASE, 1',.r Pmdw1— P•abn,o. ROBL RI C. LC UDLLL, Vrsr /uulrur ,j GrvuE Coun,d RILHARD R ROBINSON. Vn. P.n..lmr— ,16vu,u,.:v.n VAN( LL SNI KELL, I,.•PvnJ,nr —Jdn JAMS aAS•LI T. 1)unm.. LLroual Pa .,n JAAIIS ED LOWS, .1 non... Ed,,., ANIHONY DAY. Chill EJeo„J li RORER L ). DUNOVAN. A. mu.0 Einar FRANK P HAVEN, At.otur 10 —Part 11 WEDNESDAY MORNING, OCTOBER 21, 19 70 S To iioduce Loses From Fire Los Aocele, Cuonly ha, wisely if be. lolydly nl,n'rd hl conecl one of the condi- h4n, that Ied In the hem In.'s of homes In the hill hfu rs %hied swypl Southern Cali. Ill ma ill S, Ill, mhel , The I; ",ud of Supervisurs %cited TUCsddy m plohlLn ran- Itrc- resislanl w(aid shingle and touts in all unincurporaled .u, i, Thy• lit, of Lus Angeles has hotmed kill. 11 ( "I'd ,Il.lLrs and >hingle, in fire hazard o, ra, .mrc 1963, fnlluw atg the fie[ -Air fire di ,Iv, 1.1 1761, Bill the euunty failed to filk w gill. 'That failure, file officials agile, w,l,;I moim (mlur in the spread of Ia%I munlhb brush furs. Many of the lost .'liar lulea wore ignited by flying embers hnehog on rumbushble roofs. Ilud the I !nil m�u been of foe- resWmit umletials, frvve.. Immcs ct,uld hme Iwca lust. Th, ,Illn' I'% 151115 have gidic a Sleh further Ill prrienl hdul'c lunsoa nl lives and hm l,e, U n,ll ,lu ill Krury nrdw:nn c c(Icruve mt- nirdi,ilely. only fire l'claidanl routs —tile, I urk.,lnpnvlion and sha6rs and .'hingles N m l hdSO peen Implegnilled ondel' [ties. am.• o ll Il lu mrelardanl rhrmiral ;— %'ih be pr 1. ullyd tin new u',aleul all Ill bll uclmu lu Iw: nine, rm -rung III,F of the county's meal 1p.1,1,d area, !lull wiled shlnplr> .net h lI'l s toll hr banned Ihruughuut the 1.'11 al lit twillll. The new county restrictions are more stringent than Current city codes. While the city forbids unhealed shingles in mountain file disllicts, it allows them in adjoining areas. This raises a perllnent question. Should city codes be toughened? We believe they should. Alost hunws covered by the 196:1 m'divanre Suimed the rile vol flies. Losscs were heavy, however, in come adjacent at %% here lit,- ordinance did not require file- relal'dait roofing. This is now being studied by the Building end Safely Department for iecommenda. tions to the CilI, Council on the best meth- ads of proteclion against future fires. Los Angeles Fire Chief Ray Hill has sen- Stilly recommended changing the codes to require fire - retardant rental, in areas all jaeent to the existing mountain fire zones. Alany cities ball wooden routing eltoge Cher. While such a prohibition would in. crease building Costs, it merits Serious con- sideration here, A recently convened !ward of Inquiry into the tires has been warned by city and county Iurntan That there Is no stile way to pro,eol lhr oulbreak of Limp fire. But there ale effective melhods to pre- pare a sucres,ful defense in Rdvanee. Now is the lime - moll recent lushes h0,11 nt linild —lo lake the ucccssar1. Col'teclnc Illedsul ea. 177 Lost ? ❑ ;tltf Limtf .. ". P,un., August 1, i5i7 —Pmt%M )- ire insurance; Floe PAuch Is Eno� � � The s:orm of fire that destroyed more than 2C0 _ homes and damaged many more in Santa Barbaa:e- cees xas..n Lg:.t of the drought and ui.der -dry b: n carat r -s in the state, i reminder of :he mas- s:,. ^ck s.a.:y homr.wriers in the state almost ura- taaaoi. fare- - Bct tl'•e second tragedy of the Santa Barbara lire %zs a -rrc�v avo:dable. Srsurance officials nohs;zed to rata -me the damage claims and dispense emergency ca w 3LMOCI•dnt famai es were shocked at the re- :a: :Cony small six of the clams. )lany of ire homes were iuvuridua residences -- mac tran S1A.CW. •with some valued at two or th-or [Sacs :hat 1-cure, Yet the claims were most- ' :v for Sat." to STD.OU f c h- -:i t. ^.e insurance seNo ad;mlerc W. were !tar rotary �.`.au : ;.�. But homeowrcrs could claim no rat- Yin..: e :ins were the limits of their coverage. 4sca illy -c'x' meta appa:ecuc caeca:rrdecln- s::a :—c :astir �admnsdred.In Same cares s erne of too Mary other dwdirgs (7�) :c i-. tie d:a;e and :he nar.an. A few homeowners, res ;,cor;cs about :::e financial aftermath ..-> n :,, 3_ :i.s -a -aze. w °l check thee insurance e: r:aCe Ord or.c, .t up :c dote. Sot most will lock at cc.: rap, as c-. :r W Fei It I., G3 fate. as they try to :dad, ri`, ci<.r 1 +itar a fG2. ` -e craotm a s :.:die. M,tsi Fcme buyers purchase -. Z. poky wren they ro.. ;-.-d usi :!lv get the amount recommendedby .ender Cftc,. tnaC, eeual to the face ct e;.., .b.cn. m later years. the ... _ -a :.S T e p. in each year .. _ .CV ,g: 4e a: a Lire w W-. S Ca inrg :.o :he cost of e:_r_n:a lo. S e a year or mare. romeowners car -a af` mw .gnac J:e Ira: t of p :atc<uan an If your insurance is iota few a :d your home u de• strayed. Sou w.h simply m!lect up th the limit of your policy and will have u provide the rest to get the place reculL Even if the structure's only partial!y damaged — say a burned roof or Charred pm.s from a bash fire, ores[ wire smoae and water:amage from a xnchen -laze —you are far better off Conti: full pmtemon. \cost policies today will pay the full cost of repaim for such damage provided your Coverage is equal to 80% or more of the value of yo•ir dwethng. Sc, atttpt for the inconvenience, the repa : work will coat you nothing - However, if you protection iizs fallen below the 80% level, as many policies have because of the re- VIEWPOINT cent fast rise in home values, the insurance Company will only pay a portion of the ",o.s. You will have to dip into your wallet for the balance. The moral for the homeowner is clear. Review you: house policy at least annually and make sure it is adequate. But the insurance industry also must do Its part to make Sure that the public uudeistands the reed to keen coverage current l.finy wmpantes and agents. now remind homeowners at pol•.cy renewal time that Lents should be raised. Some Insurers even refuse to continue cove. age :f the level of orotecuon is inade -. gaalc. Yet edc :a ::on praoab.v is not enough. Tire Santa Barnara area cad been :tie scene of a major push to get residers to ::orate the:r fire protection. yet the evlde- ce'..d :cafes i:wniom vies w from successful. Many insurers have acicdeu ".ntlauon oders" :It their polieicx autnmativlly raising the policy limi :- and thtu the premium —Sy an amaant each year equal to the increase in the cost of living. But even these have faded to keep pace wuh the recent explo- sion in housing prices. B;lner the industry should re- vue its incex of home vaisies, ar:t should warn con- sumers that Ire automatic increases m coverage may be inadequate. The homeowners insurance package. already the most P.exible property coverage available, may have to be revised still further to fit the changing needs of famines facing rnflaticn. Straght fire Insurance on a $50.000 home in Las Angeies now casts about $115 a year from one major Insurer. Doubling that to 5100,Ci0 coverage aiw dou- bles the premium. to $210. By Comparison. a home- owners package policy —which includes theft, vanda- lism. windstorm. Liability and much other protecuon --costs $200 a year for a 55000 home, but $470 for one worth f100.000. Instead of lust doubling, the pre- mium is 135% higher. : The reason is that the protecCOns offered by the, . t honieownen plait in addition to fire coverage are ds- proportionately expensive. Insurets figure that the i! , Contents of a SIOfr.V home are',ikely to be worth more than twice the tum3hmgs of a 550'10: rn- fdenee. nor ramilies whose home has become much none )i expensive to replace because of inliatmn, th••s ratio -� may not be true. They may need more protection t against fire loss. but not more against damage to fur -. nlsmngs. The standard homeowner pd¢y can be al- tered shehtiy to accommodate item, but cot r..nch. , \ "cafeteria" approach, which allows the home. owner to rock the coverages CaIY necessary for ade. quate protecao . may be a betty. answer to main.- : inning nigh coverage lames while keeping premiums at a reasonable cost. - — Slmodeeduahari -� • • • • ORDINANCE NO. 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: Chapters 1, 5, 6, and 8 of Division 3, Title 6 of the San Bernardino County Code adopted by Ordinance 17 are hereby repealed. SECTION 2: For the purpose of providing minimum standards to safeguard life, limb, property and public welfare by regulating the desing, construction, quality of materials, use and occupancy, location and maintenance of . buildings, structures, those certain codes known as the "Uniform Building Code ", the "Uniform Housing Code', the "Uniform Code for Abatement of Dangerous Buildings ", the "Uniform Sign Code', the "Uniform Building Security Code', and the "Uniform Building Code Standards ", 1979 editions, prepared and published by the International Conference of Building Officials, including all their indices and appendices, and except said portions thereof as arc hereafter deleted, modified or amended by this Ordinance, three (3) copies of each of which said codes are on file in the Office of the City Clerk for public record and inspection, are hereby adopted by reference and made a part of this Ordinance in full, subject, however, to the amendments, additions and deletions set forth in this Ordinance. In the event of any conflict or ambiguity between this Ordinance and said codes set forth above or any other Ordinance lawfully adopted by the City of Rancho Cucamonga, these amendments and additions shall control. SECTION 3: Whenever any of the following names or terms are used in said codes, such name or term shall he deemed and construed to have the meaning ascribed to it in this Section as follows: A. Building Official shall mean the Building Official of the City of Rancho Cucamonga or his designated representative. B. Health Officer shall mean the Director of Environmental Health Services of San Bernardino County or his designated representative. C. Fire Chief shall mean the Fire Chief of the Foothill Fire District or his d esigna ad representative. Ordinance No. Page 2 D. Building Department shall mean the Building and Safety Division of Community Development Department of the City of Rancho Cucamonga. • SECTION 4: The Uniform Building Code is amended as follows: A. Section 204 of said Uniform Building Code is amended to read as follows: Section 204. BOARD OF APPEALS. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said members to be members of the City Council or persons, other than employees of the City, appointed by the City Council and who shall hold office, at its pleasure. The Building Official shall be an ex- officio member of and shall act as Secretary to said Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. B. Section 205 of said Uniform Building Code is amended to read as follows: Section 205. VIOLATIONS AND PENALITIFS. It shall be unlawful for • any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, imporve, remove, covert, relocate, demolish, equip, use, occupy, or maintain any building or structure or unsafe grading site in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Maintenance of a building or structure which was unlawful at the time it was constructed and which would be unlawful under this Code if constructed after the effective date of such code, shall constitute a continuing violation of such code. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable fy a five of not more than $500.00 or by imprisonment for not more than six months, or both such fine and imprisonment. C. Section 303 of said Uniform Building Code is amended by addition of Subsection (f) to read as follows: Section 303 M. UNFINISHED BUILDINGS AND STRUCTURES. Whenever the Building Official determines by inspection that work on any building or .structure for which a permit has been issued and the work started thereon has been suspended for a period of 180 days or more, the owner of the property upon which such structure is located or other person or • agen` in control of said property,upon receipt of notice in writing from the Department to do so, shall, within 90 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the )�o Ordinance No. Page 3 building or structure within 120 days from date of the written notice. • D. Section 304 of said Uniform Building Code is amended to read as follows: Section 304 (a). PERMIT FEES. The fee for each permit shall be as set forth in Resolution of the City Council. The determination of value of valuation under any of the provisions of this code shall be made by the Building Official.. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all. finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire — extinguishing systems and any other permanent equipment. Whenever any work, for which a permit is required by this Code, has been commenced without first obtaining said permit, and when such work is discovered as a result of an investigation, the permit fees specified by City Council Resolution shall be doubled. The payment of such double fee shall not exempt any person form compliance with all other provisions of this Code nor from any penalty prescribed by law. Section 304 (b). PLAN REVIEW FEES. When a plan or other data is required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. . Where plans are incomplete or changed s0 as to require additional plan review, an additional plan review fee shall be charged. Fees for plan review shall be as set forth by City Council Resolution, Section 304 (c). EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant, for a period not exceeding 180 days, upon written request, showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 304 (d). EXEMPTION FROM FEES. Neither the state nor this nor any other county, city, district, or other political subdivision, nor any public officer or body acting in his official capacity on behalf of the state or of this or any county, ciyt, district, or other political subdivision shall pay or deposit anv fee required by this code. This Section does not apply to the State Compensation Insurance Fund or Public Housing Authority or where a public officer is acting with reference to private assets which have come under his jurisdiction by virtue of his office. 1D I No. Page 4 Section 304 (e). REFUNDS. In the event that any person shall have obtained a building permit and no portion of the work or construction • covered by such permit shall have been commenced and such permit shall have expired as provided for in Subsection (d) of Section 302, the permittee, upon presentation to the Building Official of a written request on a form provided therefore, shall be entitled to a refund in an amount equal to eighty percent (SOY.) of the building permit fee actually paid for such permit; however, the portion of the fee retained shall never be less than fifteen dollars ($15.00). In case a permit is issued in error by the Building Official, all fees shall be returned to applicant upon request. No refund shall be granted when receipt of the request occurs more than 180 days following payment of the permit or plan check fee. No portion of a plan checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case eighty percent (80g) of the plan checking fee shall be refunded; however, the portion of the fee retained shall never be less than fifteen dollars ($15.00). The Building official shall satisfy himself as to the right of such applicant to such refund and each such refund shall be paid as provided by law for the payment of claims against the City. E. Subsection (d) of Section 305 is amended to read as follows: Section 305 (d). APPROVAL REQUIRED. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining written approval of the Building Official. • Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required in Subsection (e). There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing, heating, ventilation and air conditioning inspections have been made and approval has been first obtained from the Building Official and all conditions of developments approval completed or guaranteed, except as provided for in Section 307 (d) for a temporary certificate of occupancy. In the event the building is not completed and ready for final inspection in the time prescribed by the Building Official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a certificate of occupancy is issued as set forth in Subsection 304 (c) above, F. Table 3 -A entitled "Building Permit Fees ", of said Uniform Code is deleted. G. Section 420 of said Uniform Building Code is amended by adding the following definition: SWIMMING POOL is any body of water created by artificial means designed or used for swimming, immersion or therapeutic purposes. H. Section 1101 of said Uniform Building Code is amended to read as • follows: �a�z urcinance No. Page 5 Section 1101. GROUP M OCCUPANCIES shall be: • Division 1. Private garages, carports, sheds and agricultural buildings. Division 2. Fences or walls over six feet (6') high, tanks, towers and swimming pools. For occupancy separations. See Table 5 -B. For occupancy load see Section 3301. I. Section 1105 of said Uniform Building Code is amended to read as follows: Section 1105. In building areas where motor vehicles are operated or stored, floors shall be of noncombustible, nonabsorbent construction. J. Chapter 11 of said Uniform Building Cade is amended by adding Section 1107 to read as follows: Section 1107 (a). Every person in possession of land within the City of Rancho Cucamonga, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which is situated a swimming pool, having a water depth exceeding 18 ", shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such • pool, lot or premises, a fence or other structure not less than five feet six inches (5' -6 ") in height with no opening therein, other than doors or gates, having a greater dimension exceeding four inches (4 "). Openings may exceed 4" in greatest dimension when approved by the Building Official, provided such openings will not materially facilitate scaling the fence or other structure by children. All gates or doors opening through such enclosure shall be equipped with a self- closing and self- latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use, however, the door of any dwelling occupied by human beings and forming any part of the enclosure herein above required need not be so equipped. Required latching devices shall be located not less than five feet (5') above the ground. The pool enclosure shall be in place and approved by the Building Official before water is placed in the pool. EXCEPTION: The provisions of this Section shall not apply to public swi'.aming pools for which a charge or admission price is required to be paid for use thereof, during the time that the owner, operator or adult employee of such owner or operator is present at and in active charge of the premises upon which such pool is located. Section 1107 (b). Notwithstanding the requirements of subsection (a) env fencing serving as enclosure for a swimming pool, lawfully in existence on the date of adoption of this ordinance, and meeting the requirements for fencing, in effect at the time of construction of the swimming pool, may continue; however, any replacement in whole or in part shill comply with the requirements of subsection (a). X. Section 1210 (a) of said Uniform Building Code is amended to read as follows: J�3 Ordinance No. Page 6 Section 1210 (a). FIRE - WARNING SYSTEMS. Every dwelling unit and every guest room in a hotel or lodging house used for sleeping • purposes shall be provided with smoke detectors conforming to U.B.C. Standard No. 43 -6. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency swelling unit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be planed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. When habitable space having a valuation exceeding $1000 or when one or more sleeping rooms are added or created in existing Group R, Division 3 Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R, Division 3 Occupancies. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings, or in buildings which undergo alterations, repairs or additions regulated by the second paragraph of this section. Said Uniform Building Code is amended by adding Chapter 16 to • read as follows: Chapter 16. REQUIREMENTS WITHIN HIGH FIRE HAZARD AREA. Section 1601. HIGH FIRE HAZARD AREA DEFINED. For the purpose of this chapter, all portions of the City of Rancho Cucamonga falling within the area encompassed by the following description shall be known as the High Fire hazard area: All lands bounded on the north, west and east by the city limits of the City of Rancho Cucamonga and on the south by the following described boundary: Beginning at the intersection of the northern boundary of the Rancho Cucamonga Grant and the center line of Cucamonga Creek; Thence easterly along the Rancho Cucamonga Grant boundary to intercept the center line of Almond Street; Thence easterly along Almond Street and the easterly prolongation thereof to the center line of Beryl Avenue; Thence southerly along the center line of Beryl Avenue to the center line of Hillside Road; Thence easterly along the center line of Hillside Road to the center line of Haven Avenue; Thence southerly along the center line of Haven Avenue to the center line of Wilson Avenue; • Thence easterly along the center line of Wilson Avenue to the southwest corner of the southwest quarter, Section 24, Township I North, Range 7 IJest; rt)� Ordinance No. Page 7 • Thence southerly along the west boundary line of the east one -half of Section 25, Township 1 North, Range 7 West to the center line of Highland Avenue; Thence eaterly along the center line of Highland Avenue to its intersection with the center line of Interstate 15; Thence northeasterly along the center line of Interstate 15 to the easterly boundary of the city of Rancho Cucamonga. Section 1602. Buildings or structures hereafter erected, constructed or moved within or into the High Fire Hazard Area shall comply with the provisions of this Chapter, regardless of other provisions of this code to the contrary. Section 1603. ROOF COVERINGS. Hoof coverings installed within the High Fire Hazard Area shall be fire retardant as specified in Section 3203 (e). EXCEPTIONS: In Type V buildings of Group R or M occupancies, roofing may be any Class "C" built -up roofing assembly, Class "C" prepared roofing or a mineral aggregate surfaced built -up roof complying with Subdivision 3 of Section 3203 (f). Roof coverings having openings which would allow entrance of embers or flames shall be fire - stopped at eave ends to preclude entry of flame or embers under the roof covering. Section 1604. UNDERFLOOR AREAS. Buildings or structures shall have all underfloor areas enclosed to the ground with construction as required for • exterior walls. EXCEPTIONS: 1. Enclosure is not required when the underside of all exposed floors and all exposed structural columns, beams and supporting walls are of non - combustible construction or protected with one - hour fire resistive materials. 2. The underside of cantilevered wood balconies and unroofed walking "decks ", constructed entirely of 2" or greater nominal thickness wood joists and decking, need not be enclosed. 3. Wood structural members having a minimum dimension of 6" nominal, tongue and groove flooring of Lh" net thickness or plywood flooring of 1 -1/8" net thickness need not be enclosed or fire - protected. Section 1605. OPENINGS. Openings into dnclosed underfloor or attic areas shall be provided with doors or sash or shall he screened with galvanized or copper wire screen with maximum one - eighth inch (1/8 ") mesh size, Section 1606. ALTERATIONS. Buildings and structures alreadv erected in the High Fire Hazard Area to which additions, alterations, or repairs are made shall comply with the requirements of this Section for new buildings or . structures except as specifically provided by Section 104. )aS Ordinance No. Page 8 M. Section 1704 of said Uniform Building Code is amended to read as follows: Section 1704. Roof coverings shall be fire retardant except in Types II1, IV, and V buildings, where it may be as follows: 1. Ordinary roof coverings may be used on buildings of Group R Occupancies which are not more than two stories in height and have not more than 3000 square feet of projected roof area and there is a minimum of 10 feet from the extremity of the roof to the property line on all sides except for street fronts. Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs, see Chapter 52. For Attics: Access and Area, see Section 3205. For Roof Drainage, see Section 3207. N. Subsection 2907 (b) of said Uniform Building Code is amended to read as follows: Section 2907 (b). BEARING WALLS. Bearing walls shall be supported on masonry or concrete foundations or piles or other approved foundation system which shall be of sufficient size to support all loads. Where a design is not provided, the minimum foundation requirements for stud bearing walls shall be as set forth in Table No. 29 -A. EXCEPTIONS: 1. A one story wood or metal frame building not used for human occupancy and not over 200 square feet in floor areas may be constructed without a masonry or concrete foundations if walls are supported by a Portland cement concrete slab not less than 3'" in thickness. 2. The support of buildings by posts embedded in earth shall be designed as specified in Section 2907 M. Wood posts or poles embedded in earth shall be pressure treated with an approved preservative. Steel posts or poles shall be protected as specified in Section 2908 (h). O. Chapter 37 of said Uniform building Code is amended by adding Section 3708 to read as follows: Section 3708. Any chimney, flue, vent, or stovepipe attached to any solid or liquid burning fireplace, stove, barbeque, or other device hereafter installed within or attached to any building or structure, shall be equipped with an approved spark arrestor. A spark arrestor is defined as a device constructed of non- combustible material equivalent to 12 guage steel welded or woven wire mesh er 3/16" thick cast iron plate. Perforations or openings in spark arrestors shall be not less than one -half inch (11 ") and not larger than five - eighths inches (5/8 ") and shall be of sufficient number so as not to Jab • 17J • Ordinance No. Page 9 reduce the required flue area. Spark arrestors shall be installed in such a • manner as to be visible for inspection and accessible for maintenance. P. Section 3210 of the appendix of said Uniform Building Code is amended to read as follows: Section 3210. New roof coverings for existing buildings shall not be applied without approval of the Building Official. An inspection may be required to determine the acceptability of an existing structure for reroofing. A final inspection and approval shall be obtained from the Building Official when reroofing is complete. Q. Section 7003 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7003. No person shall do any grading without first having obtained a grading permit from the Building Official except for the following: 1. Grading in an isolated, self- contained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and foothings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the • completion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction of soil engineers or engineering geologists. 8. An excavation which (a) is less than 2 feet in depth, or (b) which does not create a cut slope greater than 5 feet in height and steeper than one and one -half horizontal to one vertical. 9. A fill less than 1 foot in depth, and placed on natural terrain with a slope flatter than 5 horizontal to one vertical, or less than 3 feet in depth, not intended to support structures, which does not exceed 100 cubic yards on any one lot and does not obstruct a drainage course or alter drainage patterns. 167 Ordinance No. Page 10 10. An excavation for pipeline or other underground utility lines installed under a separate permit, provided that any • necessary erosion control measures are made part of that permit. 11. Public works projects not requiring a building permit including sewer and starm drain construction, utility trenches, power transmission lines and appurtenant access roads and retaining walls or grading accomplished as part of street maintenance activities. 12. Recurring, regularly scheduled maintenance of existing facilities where no new construction is involved. This exemption includes the replacement of a single transmission tower or pole, which can be projected to reoccur over very long periods. 13. Emergency repairs to existing facilities resulting from natural or civil disaster including, but not limited to, rainstorm, flooding, earthslide, heat storm, earthquake, riot, sabotage, and the like. R. Section 7004 of Chapter 70 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7004. "Whenever the Building Official determines that any existing natural slope, excavation, embankment, fill or other condition created by a grading project has become a hazard to life or limb, or endangers property, adversely affects • the safety, use or stability of a public way or drainage channel, the Building Official may give he owner of the property upon which the condition is located or other person or agent in control of said property a written notice to abate the condition. Upon receipt of such written notice from the Building Official, the owner or other person or agent in control of said property shall within the period specified in the notice repair or eliminate such natural slope, excavation, embankment, fill or other condition so as to eliminate the hazard and be in conformance with the requirements of this Code." S. Section 7005 of the Appendix of said Uniform Building Code is amended by adding the following definitions: 1. Final Grading Plan is a plan showing all detailed drainage information, grade elevations, building locations and floor elevations. 2. Preliminary Grading Plan. A plan showing building pad elevations, typical drainage methods to be utilized, and similar generalized Information, usually excluding finish floor elevations, building locations, and specific drainage details. 'f. Section 7006 of the Appendix of said Uniform Building Code is amended to read as follows: • ug (7, Ordinance No. Page 11 . Section 7006 (a). PERMITS REQUIRED. Except as exempted in Section 7003 of this Code, no person shall do anv grading without first obtaining a grading penait from the Building Official. A separate permit shall be required for each site, and may cover both excavations and fills. Grading permits may be issued based upon submittal of either a preliminary or final grading plan. The preliminary grading plan requirements shall apply where insufficient precise detail of site improvement exists at the time of grading permit inssuance. Where grading is accomplished based upon a preliminary grading plan the submittal of a final grading plan shall be required prior to the issuance of any building permit for the site. Preliminary grading plans shall include sufficient detail to assure that at the time of final grading plan submittal, all standards and specifications of this code and other City grading regulations will be met. Section 7006 (b). APPLICATION. The provisions of Section 302 (b) are applicable to grading and in addition the application shall state the estimated quantities of work involved. Section 7006 (c). PLANS AND SPECIFICATIONS. When required by the Building Official, each applicant for a grading permit shall be accompanied by three sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the Building Official. Section 7006 (d). INFORMATION ON PLANS AND IN SPECIFICATIONS. • Plans shall be drawn to scale upon substantial paper or cloth and shall he of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and name and address of the owner and the person by whom they were prepared. The plans shall include the following information: 1. General vicinity of the proposed site 2. Property limits and accurate contours of existing ground and details of terrain and area drainage. 3. Elevations and finish contours to be achieved by the grading. 4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be. constructed with, or as a part of, the proposed work together with a map showing the drainage area and the extimated runoff of the area served by any drains. 5. LOtatien of any buildings or structures on the property where the work is to be performed and the location of any buildings or .structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the propose(! grading operations. 6. Size, tvpa and condition of vegetation that is to remain. 7. Legal restrictions such as property lines, easements, setbacks, etc. Idi Ordinance No. Page 12 8. Utility structures: catch basin, manhole, culvert, etc. 9. Utility lines: drainage, sewer, water, gas, electric. • 10. Any unusual site conditions. Contours, both existing and proposed, shall be shown in accordance with the following schedule: Natural Slopes Maximum Interval 2% or less 2 feet Over 2% to and including 97. 5 feet Over 99. 10 feet Specifications shall contain information covering construction and material requirements. Section 7006 (e). SOIL ENGINEERING REPORT. The soil engineering report required by subsection (c) shall include date regarding the nature, distribution and strength of existing soils, conslusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the Building Official shall be incorporated in the ,grading plans or specifications. • Section 7006 (f). ENGINEERING GEOLOGY REPORT. The engineering geology report required by subsection (c) shall include an adequate description of the geology of the site, conclusions and recomendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Section 7006 (g). ISSUANCE. The provisions of Section 302 are applicable to grading permits. The Building Official may also require submittal of the following additional information with the permit application. 1. Extent and manner of cutting of trees and clearing of vegetation, disposal of same, and measures for protection of undistributed trees and /or vegetation. 2. Schedule defining staging and timing of construction and estimated a real extent of disturbance at strategic points during construction. 3. Equipment, methods, and location of spoils disposal. 4. A plan defining the schedule, equipment, materials, and crew that will be used to maintain all protective devices and drainage facilities shown on the approved grading plan. 5. Designation of routes upon which materials may be transported • and menas of access to the site. )1a Ordinance No. Page 13 . 6. The place and manner of disposal of excavated materials and control of erosion from such materials. 7. Requirements as to the mitigation of fugitive dust and dirt offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, convenience, and reasonable desires and the needs of said neighborhood or any portion thereof. S. Limitations on the area, extent and duration of time of exposure of unprotected soil surfaces. 9. Mitigating measures recommended by the Regional Water Quality Control Board or Resource Conservation District. 10. Phasing of operations to minimize water or other environmental impacts. 11. Such further applicable information as the Building Official may require to carry out the purposes of this ordinance. Section 7006 (h) . COMPLIANCE WITH PLANS AND CODE. The permittee or his agent, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Code. Section 7006 (i). INSPECTIONS. In performing regular grading, it shall be the responsibility of the permittee to notify the Building Official at least one working day in advance so that required inspections may be made. Section 7006 (j). PROTECTION OF ADJACENT PROPERTY. During grading operations, the permittee shall be responsible for the prevention of damage to adjacent propety and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result. Section 7006 (k). TEMPORARY EROSION CONTROL. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the site, U. Section 7007 of the Appendix of said Uniform Building Code is amended to teas a5 follows: Section 7007, FEES, Grading and plan check fees shall be as set forth by the most recent comprehensive fee Resolution adopted by the City Council, Where preliminary and final. grading plans are submitted separately for plan checking and /or permit, fees shall be calculated from the overall yardage to be. moved under each submittal. The fee for a grading permit authorizing addition work to that under a valid permit shall he the difference between the fee paid for the original permit and the fee shown for the entire project. Ordinance No. Page 14 V. Section 7008 of the Appendix of said Uniform Building Code is amended to read as follows: • Section 7008 (a). BONDS. Prior to the issuance of a grading permit involving 5000 cubic yards or more of cut and fill, the applicant shall first post with the Building Official, a bond executed by the owner as principal and a corporate surety authorized to do business in this state. In lieu of a surety bond, the applicant may file a cash bond, or deposit and assign to the City, savings and loan certificates or other instruments of credit. Where unusual conditions or special hazards exist, the Building Official may require a bond for grading involving less than 5000 cubic yards. The bond required by this Section may include incidental off —site grading on property contiguous with the site to be developed provided written consent of the owner of such contiguous property is filed with the Building Official. The Building Official may waive the requirements for grading necessary to remove a geological hazard, where such work is covered by an agreement and bond posted oursuant to provisions of other Ordinances. Section 7008 (b). AMOUNT OF BOND. The amount of the bond shall be based upon the number of cubic yards of material in both excavation and fill, plus the cost of all drainage or other protectible devices, work necessary to eliminate geological hazards, erosion control planting and required retaining walls, and masonry fences. That portion of the bond valuation based on the volume of material shall be computed as set forth in the following table: 1000,000 cubic yards or less....... 507. of the cost of grading work. • Over 100,000 cubic yards........... 50% of the cost of the first 100,000 cubic yards plus 25% of the estimated cost of that portion in excess of 100,000 cubic yards. Section 7008 (c). REDUCTION IN BOND. When rough grading has been completed in conformance with the requirements of this Code, the Building Official may at his discretion consent to a proportionate reduction of the bond to an amount estimated to be adequate to insure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this Section shall be as estimated by the Building Official. Section 7008 (d). CONDITIONS. Every bond shall include the conditions that the principal shall: 1. Comply with all of the provisions of City Ordinances, applicable laws, and standards. 2. Comply with all of the terms and conditions of the grading permit. 1. Complete all of the work authorized by the permit within the time limit specified in the permit or within any extension • thereof granted. No such extension of time shall release the surety upon the bond. )42 Ordinance No. Page 15 Section 7008 (e). TERM OF BOND. The term of each bond shall • begin upon the filing thereof with the Building Official and the band shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official. Section 7008 (f). DEFAULT PROCEDURES. In the event the owner or his agent shall fail to complete the work or fail to comply with all terms and conditions of the grading permit, it shall be deemed a default has occurred. The Building Official shall give notice thereof to the principal and surety on the grading permit bond, or to the owner in the case of a cash deposit or assignment, and may order the work required to complete the grading in conformance with the requirements of this Code be performed. The surety executing the bond shall continue to be firmly bound under an obligation up to the full amount of the bond, for the payment of all necessary costs and expenses that may be incurred by the Building Official in causing any and all such required work to be done. In the case of a cash deposit or assignment, the unused portion of such deposit or funds assigned shall be returned or reassigned to the person making said deposit or assignment. Section 7008 (g). RIGHT OF ENTRY, The Building Official or the authorized representative of the surety company shall have access to the premises described in the permit for the purpose of inspecting the work. In the event of default in the performance of any term or condition of the permi.t the surety or the Building Official, or any person employed or engaged in the behalf of either, shall have the right to go upon the premises to perform the required work. • The owner or any other person who interferes with or obstructs the Ingress to or egress from any such premises, of any authorized representative of the surety or of the City of Rancho Cucamonga engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor, W. Section 7010 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7010 (a). GENERAL. Unless otherwise recommended in the approved soil engineering report fills shall conform to the provisions of this Section and to Figure A, Typical Lot Crass Section for fills. In the absence of an approved soil engineering report these provisions may he waived for minor fills not intended to support structures. Section 7010 (b). FILL LOCATION. Fill slopes shall not be constructed on natural slopes steeper than two to one or where the fill slope toes out within 12 feet horizontally of the top of a lower existing or planned cut slopes except in the case of slopes of minor height when approved by the Building Official. Section 7010 (c). PREPARATION OF GROUND. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top -sail and other unsuitable materials scarifving to provide a bond with the new fill, and, where slopes are steeper than five to one, and the )13 Ordinance No. Page 16 height greater than 5 feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under • the toe of a fill on a slope steeper than five to one shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Section 7010 (d) . FILL :MATERIAL. Detrimental amount of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than 12 inches be buried or placed in fills. EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply: A. Prior to issuance of the Grading Permit, potential rock disposal areas shall be delineated on the grading plan. B. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically. C. Rocks shall be placed so as to assure filling of all voids • with fines. Section 7010 (e). COMPACTION. All fills shall be compacted to a minimum of 90% of maximum density as determined by U.B.C. Standard No. 70 -1. Field density shall be determined in accordance with U.B.C. Standard No. 70 -2 or equivalent as approved by the Buidling Official. EXCEPTIONS: 1. Fills excepted elsewhere in this ordinance and where the Building Official determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosion of the fill. 2. Where lower density and expansive types of soil exist, then permission for lesser compactions may be granted by the Building Official upon showing of good cause under the conditions provided herein. 3. All backfill in utility line trenches shall be compacted and tested. The soils engineer shall verify that this backfilling has been satisfactorily accomplished. Alternate methods of filling and compaction may he utilized on specific projects when specified by the soil engineer and /or approved by the Building Official. • Section 7010 (f). SLOPE. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical. 11� Ordinance No. Page 17 Section 7010 (g). DRAINAGE AND TERRACING. Drainage and terracing • shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 7012. X. Section 7011 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7011 (a). GENERAL. The setbacks and other restrictions specified by this Section are minimum and may be increased by the Building Official or by the recommendation of a civil engineer, soils engineer, or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the Building Official. Section 7011 (b). SETBACKS FROM PROPERTY LINES. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope right areas and easements, in accordance with Figure No. I and Table No. 70 -C. Section 7011 (c). DESIGN STANDARDS FOR SETBACKS. Setbacks between graded slopes (cut and fill) and structures shall be provided in accordance with Figure No. 2. Y. Section 7013 of the Appendix of said Uniform Building Code is amended to read as follows: • Section 7013 (a). EROSION CONTROLS. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion - resistant character of the materials, such protection may be omitted. Section 7013 (b). OTHER DEVICES. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. Section 7013 (c). PLANTING. The surface of all cut and fill slopes more than five feet in beighL shall be protected against damage by erosion by planting with approved grass or ground cover plants. Slopes exceeding 15 feet in vertical height shall also be planted with shrubs and trees at equivalent spacings, in addition to the grass or ground cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. EXCEPTIONS: I. Planting need not be provided for cut slopes, rocky in character and not subject to damage by erosion, when approved by the Building Official. 19 2. Slopes may be protected against erasion damage by other methods when such methods have been specifically recommended by a soils engineer, engineering geologist, or equivalent and found to offer erasion protection equal to that provided by the planting specified in this Section. I15 Ordinance No. Page 18 Section 7013 (d). IRRIGATION. Slopes required to be planted shall be provided with an approved system of irrigation designed to cover all portions • of the slope, and plans therefore shall be submitted and approved prior to installation. A functional test of the system may be required. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, such irrigation system will not be necessary for the maintenance of the slope planting. Section 7013 (e). RELEASE OF BOND. The planting and irrigation systems required by this Section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading bond, the planting shall be well established and growing on the slopes. SECTION 5 The Uniform Housing Code is amended as follows: A. Section 203 of said Uniform Housing Code is amended to read as follows: Section 203. BOARD OF APPEALS. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said memebers to be memebers of the City Council or persons other than employees of the City, appointed by the City Council and who shall serve • at its pleasure. The Building Official shall be an ex- officio member of and shall act as Secretary to said Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with Chapter 12 of this Code. B. Section 204 of said Uniform Housing Code is amended to read as follows: Section 204. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.. Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of anv such violation such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. C. Section 1501 of said Uniform Housing Code is amended to read as • F(Ilows: Ordinance No. Page 19 Section 1501 (a). PROCEDURE. When any work of repair or • demoliton is to be done pursuant to Section 1401 (c) 3 of this code, the Building Official shall cause the work to be accomplished by city personnel or by private contract under the direction of the Building Official. Plans and specifications therefore may be prepared by the Building Official, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. Section 1501 (b). COSTS. The cost of such work may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this ,jurisdiction shall determine is appropriate. SECTION 6 The Uniform Code for Abatement of Dangerous Buildings is amended as follows: A. Section 203 of said Uniform Code for Abatement of Dangerous Buildings is amended to read as follows: Section 203. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or unsafe grading site or cause or permit the same to be done in violation of this code. Any person, firm, or corporation violating anv of the provisions of • this Code shall be guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of anv such violation such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. B. Section 205 of said Uniform Code for Abatement of Dangerous Buildings is amended to read as follows: Section 205. BOARD OF APPEALS. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said members to be memebers of the City Council or persons other than employees of the City, appointed by the City Council and who shall serve at tis pleasure. The Building Official shall be an ex- officio member of and shall act as Secretary to said Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official with duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with the provisions contained in Section 501 of this Code. C, The Uniform Code for Abatement of Dangerous Buildings is amended by adding sections 206 and 207 to read as follows: 117 Ordinance No. Page 20 Section 206. In addition to the procedures provided for abatement of dangerous buildings as set forth in Chapter 4 of this Code, the Building • Official is hereby given summary power to secure from entry any structure or premises which in his discretion he determines to be immediately dangerous, or immediately hazardous or in other manner injurious to public health or safety. Such structures may be secured by the Building Official by nailing of boards over the doors and windows of such structure, however, he shall not be limited to only this method and may use other methods at his discretion to accomplish the same purpose which may be more appropriate under the circumstances. The Building Official shall also post a sign stating in effect 'DANGEROUS BUILDING, DO NOT ENTER ": or other appropriate sign upon the structure or premises in at least one conspicuous place. The Building Official shall immediately upon such action send notice to the owners of the real property upon which the structure or condition is located, as shown on the last equalized assessment rolls. Such notice shall contain the following information: 1. That he has secured the structure or corrected the hazardous conditions. 2. The cost incurred by the City thereby. 3. That he has posted signs as provided by this section. 4. The reasons why he has taken the action. 5. That an appeal may be made within ten (10) days to the • City Council, as provided in this Section. 6. That if his action is not annulled by the City Council, the cost of securing the property shall become a lien upon the real property, unless the cost is paid to the City within thirty (30) days of the mailing of the notice. If any owner of property, or any person having any interest in property affected by the action of the Building Official in securing a structure or abating a hazardous condition as permitted by this section, is aggrieved by the action of the Building Official in securing the structure, such person or persons may appeal the action of the Building Official by filing a written notice of appeal with the City Clerk within ten (10) days after receipt of notice of the action by the Building Official. The notice of appeal must be verified under oath or under penalty of perjury and must state the grounds upon which the action of the Building Official is appealed. The City Council shall., upon receiving such notice of appeal, hear any evidence or other relevant matters presented by the appellant or the Building Official at its next regular meeting after the filing of the notice of appeal, provided however, if the notice of appeal is filed less than ten days prior to the day of a regular meeting of the City Council, the hearing shall not be held at the first regular meeting, but at the following regular meeting. After hearing all evidence and other • relevant matters presented at said hearing or without hearing if no appeal Is made upon the report of the Building Official, the City Council may then confirm, amend, or annul the action of the Building Official. If the action of the Building Official is annulled, the City at its own • Ordinance No. Page 21 expense shall remove any and all instruments used to secure said structure, and shall remove any and all signs stating that the building is unsafe to enter. If, however, the City Council confirms the action of the Building Official in securing the structure at the hearing on appeal, or if no appeal is taken at any other regular meeting, or adjourned meeting then the cost incurred by the City in securing the structure shall become a lien against the property, and a resolution of the City Council confirming the action of the Building Official, including the imposition of a lien upon the property upon which the structure is located to pay for the cost of securing it, may be adopted upon receipt of a report from the Building Official. Such resolution may be filed with the San Bernardino County Tax Assessor, and the lien imposed thereby may be collected for the City by him, along with the next annual tax levy and assessment on said property. Section 207. The same procedure, as provided in Section 206 of this Code for abating through securing from entry any structure which is determined by the Building Official to be immediately dangerous or immediately hazardous may also be used by the Building Official in connection with the summary abatement of all other dangerous or hazardous condition upon private property which the Building Official determines, at his discretion, as constituting an immediately dangerous or hazardous condition. The Building Official may • then summarily abate such nuisance, at his discretion, in the most appropriate manner under the circumstances, which may include, but shall not be limited to the following methods: fencing, draining water from swimming pools and filling with appropriate ballast, removing fire hazards, filling or covering open holes and grading or strengthening land fills or excavations. Although the manner and methos used by the Building Official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economical hardship upon the owner of the property, and only use those measures which will eliminate the dangerous and hazardous features. Section 801 of said Uniform Code for Abatement of Dangerous Buildings is amended to read as follows: Section 801. PROCEDURE. When any work of repair or demolition is to he done pursuant to Section 701 (c) 3 of this Code, the Building Official shall issue the order therefore and the work shall be accomplished by City personnel or by private contract under the direction of the Building Official, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractural procedures shall be followed. Said Uniform Code for Abatement of Dangerous Buildings is amended by deleting Section 802 in its entirety. F. Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: Il,' /;.. H. I. Ordinance No. Page 22 Section 901. The Building Official shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of Section 701 (c) 3 of this Code. Upon the completion of the work of repair or demolition, said Building Official shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 401. Section 902 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows; Section 902. Upon receipt of said report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing such report, and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, posted as directed by the City Council so as to give proper public notice, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the Clerk. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour, and place when the Council will hear and pass upon the Building Official's report, together with any objections or protests which may he filed as hereinafter provided by any person interested in or affected by the proposed charge. Section 903 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: Section 903. Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the Building Official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection the date it was received by him. He shall present such protests or objections to the City Council at the time set for the hearing, and no other protests or objections shall be considered. Section 904 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: Section 905. Upon the day City Council shall hear and pass upo together with any such objections or revision, correction or modification may deem just; and when the Council and hour fixed for the hearing the the report of the Building Official protests. The Council may make such in the report or the charge as it s satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and conclusive. M40 0 • Ordinance No. Page 23 SECTION 7: The Uniform Building Security Code is amended as follows: A. Section 4101 of said Uniform Building Security Code is amended to read as follows: Section 4101. The purpose of this code is to establish minimum standards to make newly constructed dwelling units and additions to dwelling units and private garages resistant to unlawful entry and to facilitate protection of property. B. Section 4102 of said Security Code is amended to read as follows: Section 4102. The provisions of this chapter shall apply to openings into dwelling units within apartment houses of Group R, Division 1 Occupancies and Group R, Division 3 Occupancies and into private garages of Group M -1 Occupancies defined in the Uniform Building Code including openings between attached garages and dwelling units. EXCEPTIONS: 1. An opening in an exterior wall when all portions of such openings are more than 12 feet vertically or 6 feet horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patio, planter, porch • or similar area. 2. An opening in an exterior wall when all portions of such openings are more than 12 feet vertically or 6 feet horizontally from the surface of any adjoining roof, balcony, landing, stair tread, platform or similar structure or when any portion of such surface is itself more than 12 feet above an accessible surface. U 3. Openings where the smaller dimension is 6 inches or less, provided that the closest edge of such openings is at least 40 inches from the locking device of the door or window assembly. 4. Openings protected by required fire door assemblies having a fire endurance rating of not less than 45 minutes. C. Section 4105 of said Uniform Building Security Code is amended to read as follows: Section 4105. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. Except as provided in Section 3304 (h) of the Uniform Building Code, such view may be provided by a door viewer having a field of view of not less than 180 degrees, through windows or through view ports, IC( Ordinance No. Page 24 D. Section 4016 of said Uniform Building Security Code is amended to read as follows: Section 4106 (a). Swinging pedestrian doors and their hardware regulated by this chapter shall comply with UBC Standard No. 41 -1, Part I or equivalent standard. Doors and hardware shall be installed as tested. EXCEPTIONS: Doors fabricated and installed as set forth in Subsections (b) through (i) below. Section 4106 (b). DOOR CONSTRUCTION. Such doors shall be of solid construction with a minimum thickness of one and three - quarters inches (1 3/4 ") except for recessed panels which may be not less than nine - sixteenths inches (4/16 ") thickness. Section 4106 (c). LOCKING DEVICES. Such doors shall be equipped with a double or single cylinder deadbolt lock. The bolt shall have a minimum projection of one inch (1 ") and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three- fourths inch (3/4 ") into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of the back by connecting screws of at least one - fourth inch (Y') in diameter. A dual locking mechanism constructed so that both deadbolt and latch can be retracted by a single action of the inside door knob, or lever, may be substituted provided it meets all other specifications for locking devices. Section 4106 (d). INACTIVE LEAVES. Inactive leaves of double doors shall be equipped with metal flush bolts at top and bottom having a minimum cross - sectional dimension of one -half inch (s') and a minimum embedment of five - eights inches (5 /8") into the head and threshold of the frame. Section 4106 (e). BLOCKING. In wood framing, horizontal blocking shall he placed between studs at door lock height for three (3) stud spaces each side of the door openings. Any spaces between jambs and trimmers and adjoining studs shall be shimmed solid. Section 4106 (f). STOPS. Door stops of wooden jambs for inswinging doors shall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to prevent violation of the strike. Section 4106 (g). GLAZING. Glazing in exterior doors within forty (40) inches of any locking mechanism shall be of fully tempered glass or burglary resistant glazing, except when double cylinder deadbolt locks are installed. Section 4106 (h). STRIKE. PLATE INSTALLATION. In wood frame con- struction any open space between trimmers and wood door jambs shall be solid shimmed by a single piece extending not less than 6 inches above and below the strike plate. Strike plates shall be attached to wood with not less than two No. 8 x 2" screws. All strike plates of doors in pairs shall be installed as tested. • Ordinance No. Page 25 Section 4106 (1). HINGES. Hinges which are exposed to the exterior shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. E. Section 4107 of said Uniform Building Standard Code is amended to read as follows: Section 4107. SLIDING DOORS. Section 4107 Sliding Door assemblies regulated by this chapter shall comply with UBC Standard 41 -1, Part II or equivalent standard. F. Section 4108 of said Uniform Building Standard Code is amended to read as follows: Section 4108. WINDOW'S. Window assemblies which are designed to be openable and which are regulated by this Chapter shall comply with UBC Standard 41 -2 unless such windows are protected by approved metal bars, screens or grilles. G. Section 4109 of said Uniform Building Security Code is amended to read as follows: Section 4109 (a). GARAGE VEHICULAR ACCESS DOORS. Rolling overhead, solid overhead, swinging /sliding or accordian doors provided for vehicular access to private garages shall be constructed and installed as set forth in this section. Section 4109 (b). Such doors shall be provided with an exterior covering of one of the following: 1. Exterior grade plywood not less than five- sixteenths inches (5/16 ") in thickness. 2. Aluminum not less than four- hundredths inches (.04 ") in thickness. 3. Steel not less than three - hundredths inches (.03 ") in thickness. 4. Fiberglass having a density of not less than five ounces (5 oz.) per square foot. 5. Wood siding not less than nine- sixteenths inches (9/16") in thickness. Section 4109 (e). LOCKING DEVICES. All locking devices utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into Cho receiving, guide a minimum of one inch (1 "). Slide halt type locking assemblies shall have a bolt diameter of not less than three - eighths inch (3/8 "). Slide bolts shall penetrate the receiving guide not loss than one and one -half inches (1!i ") and shall be attachod with throe (3) bol LS that are not removable from the outside. Rivets shall not be used to attach slide bolt assemblies. vz Ordinance No. Page 26 Doors exceeding sexteen feet (16') in width shall be provided with opposite, centrally located locking points, either at each side or at top and bottom of the door. EXCEPTIONS: 1, For doors nineteen feet (19') or less in width, a single locking point may be used if centrally located at the floor or top of the door. 2. Doors provided with torsion spring counter - balance type hardware. Section 4109 (d). FRAMES. Frames for garage vehicle- access doors shall be constructed of one of the following: 1. Aluminum not less than twelve- hundredths inches (.12 ") in thickness. 2. Steel not less than six - hundredths inches (.06 ") in thickness. 3. Wood not less than one and one -half inches (1Y ") in thickness. H. Said Uniform Building Security Code is amended by adding Sections 4110 through 4115 to read as follows: Section 4110. COMPLEX DIAGRAM. There shall be positioned at each entrance of a multiple family development, an illuminated diagrammatic repre- sentation of the complex which shows the location of the viewer and the unit designations and locations within the complex. Section 4111. LIGHTING. Lighting in multiple family dwellings shall be as follows: the building complex shall be illuminated with an intensity of at least twenty - five one - hundredths (.25) £ootcandles at the ground level during the hours of darkness. Lighting devices shall be protected by vandal resistant covers. 2. Open parking lots and car ports shall be provided with a minimum of one (1) footcandle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by vandal resistant covers. Section 4112. KEYING. Upon occupancy, each dwelling unit in a subdivision or multiple family development shall have locks using keys that are not interchangeable with any other dwelling unit in the subdivision or multiple family development. Section 4113. DEFINITIONS. 1. "Burglary Resistant Glazing" means those materials as defined in Underwriters Laboratory Bulletin 972. 0 Ordinance No, Page 27 2. "Double Cylinder Deadbolt" means a deadbnit lock which can be activated only by a key on both the interior and the exterior. 3. "Door Stop" means that projection along the top and sides of a door jamb which checks the door's swinging action. 4. "Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single family dwellings. 5. "Flushbolt" is a manual, key or turn operated metal bolt normally used on inactive door(s) and is attached to the top and bottom of the door and engages in the head and threshold of the frame. 6. "Single Cylinder Deadbolt" means a deadbnit lock which is activated from the or.tside by a key and from the inside by a knob, thumb —turn, lever, or similar mechanism. Section 4114. ALTERNATE MATERIALS AND METHODS. The provisions of this chapter are not intended to prevent the use of any material, device, hardware or method not specifically prescribed in this chapter, when such alternate provides equivalent security and is approved by the Building Official. • Section 6115. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or corporation to construct, erect, enlarge or alter any building or permit the same to be done contrary to, or in violation of, anv of the provision of this Code. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the. provisions of this Code is committed, continued or permitted, and upon conviction of such violation, such person shall be punishable by a fine of not more than 5500.00 or by imprisonment for not more than six months or by both such fine and imprisonment. SECTION 8: The Uniform Sign Code is amended as follows: A. Section 103 (d) of said Uniform Sign Code is amended to read as follows: Section 103 (d). VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip or use or maintain nnv sign or sign structure in the CLty or cause or permit the same to be done contrary to or in violation of any of the provisions of this Cad,,. Any person, firm or corporation violating any of the provisions of this Code shall be gullty of a misdemeanor and each such person shall he doomed guilty of a separate offense for each and every day or portion thorr•of during which any violation of any of the provisions of this Code is c.r,aimitted, continued, or permitted; and , upon conviction of any such violation, such person shall be punishable by a fine of not more than as Ordinance No. Page 28 $500.00 or by imprisonment of not more than six months at by both such fine and imprisonment. B. Section 303 of said Uniform Sign Code is amended to read as follows: Section 303. The following work shall not require a sign permit, however, these exemptions shall not be construed as relieving the owner of the sign from the responsibility for ite erection and maintenance, compliance with the provisions of this Code, the Rancho Cucamonga Sign Ordinance, or any other law or ordinance regulating the same. 1. The changing of the advertising copy or message on a painted or printed sign. 2. Painting, repainting or cleaning of an advertising structure provided no structural change is made. 3. Signs less than 6 feet above grade that are not electrically lighted. 4. Changing of theater marquees and simi liar signs specifically designed for the use of replaceable copy. Any permit issued for erection of a sign in violation of this Code nr other ordinance is automatically void and shall be • cancelled by the Building Official. C. Said Uniform Sign Code is amended by deletion of Chapters 5, 6, 7, 8, 9, 10, 11, 12, and 14. SECTION 9: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a city may make such modifications in the requirements of the regulations adopted pursuant to Health and Safety Code Section 17922 as it determines to be reasonably necessary because of local conditions, and the City Council of the City of Rancho Cucamonga determines that the modifications set forth herein are in fact reasonably necessary because of local conditions as set forth more fully below: a. It is reasonably necessary, because of local conditions, to modify and supplement Chapters 2 and 3 of the Uniform Building Code, Chapters 2 and 15 of the Uniform Rousing Code, 1979 Editions, dealing with administration and enforcement, in order to provide for efficient and orderly operation of the Building and Safety Division. b. It is reasonably necessary, because of local conditions, to modify Sections 420, 1101, and add Section 1107 • to Chapter 11 of the Uniform Building Code, 1979 Edition, in order to provide regulation and protection from life hazard in and around swimming pools and other man -made bodies of water, aG - Ordinance No. Page 29 C. It is reasonably necessary, because of local conditions, . to modify Sections 1105 and 2907 (b) of the Uniform Building Code, 1979 Edition, dealing with floors, in order to reduce deterioration in certain buildings. d. It is reasonably necessary, because of local conditions, to adopt Chapter 16 and modify Sections 1704 and 3708 of the Uniform Building Code, 1979 Edition, in order to reduce fire hazards in high fire hazard areas and reduce the spread of roof fires in buildings. e. It is reasonably necessary, due to local geological conditions, to modify chapter 70 of the Appendix of the Uniform Building Code, 1979 Edition, to reduce erosion and provide protection against development of hazardous grading conditions. Each and every modification of said Code as adopted by this City Council has been necessitated bacause the provisions of the published Code are inadequate to provide for protection of health, safety and welfare of the general public and efficient, orderly administration of the Building and Safety Division. The above listed expressed findings shall be made available as a public record and a copy with the modifications thereof, shall be kept on file with the Building and Safety Division. • SECTION 10: 1'he City Clerk shall certify to the passage of this w." - ordinance and shall cause the same to be published as required by'I law. The City Clerk shall also file a certified copy of this ordinance with the State Department of Housing and Community Development. PASSED, APPROVED and ADOPTED this day of , 1980 by the following vote: AYES: NOES: ABSENT: ATTEST: 40 Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor • 2 CITY OF RANUiO Cl✓r1\N;,G:CA STAFF REPORT DATE: December 3, 1980 TO: Members of the City Council and City Manager FROM: Barry K. Rogan, City Planner SUBJECT: ZONING ORDINANCE AMENDMENT 80 -02 - INTERIM ZONING ORDINANCE AMENDMENTS TO THE RESIDENTIAL, PUD, PLANNING, AND ADMINISTRA- TIVE SECTIONS OF THE SAN BERNARDINO COUNTY ZONING OROINANCE AS ADOPTED BY THE CITY OF RANCHO CUCAMONGA ABSTRACT: At the November 19, 1980 City Council meeting, second reading of the Zoning Ordinance Amendment No. 80 -02 was heard and continued to the December 3, 1980 meeting in order to allow staff an opportunity to clarify some additional points raised at that meeting. Specifically, the issues raised were: Concern with density bonuses in the planned development section Concern with the development of private streets in the planned development section Concern with artificial time frames in the appeal process under Development Review Concern with the appeal process under Conditional Use Permits, Variances, and Zone Changes DISCUSSION: At the November 19, 1980 meeting of the City Council there was considerable discussion on the planned development conbining districts. So much discussion in fact, that we feel the City would be better served at this point in time to send the planned development district back to the Planning Commission for a re- review prior to adopting a new planned deve- lopment district. It should be noted, however, that until such time as the City approves a new planned development district, we will be operating under the existing County planned unit development district as adopted by Ordinance 17. Particular concern was expressed over the time frames involved in the ap- peals of decisions under Development Review, Conditional Use Permit, Variance, and Zone Changes. The City Council may recall that back in March of 1978, Ordinance No. 19 was adopted requiring Director Review for all developments within the City. Director Review by the nature of the title, is review and approval of projects by the Director. The County Code lists certain cases where projects of particular significance may be passed on to the Planning Commission for their review and approval. The Rancho Cucamonga Planning Commission, developed a policy for approval of Director Review applications. The stated policy by the Planning Commission is in essence as follows: "All projects submitted for development on Foothill Boulevard shall require Commission review and approval. All new develop- ment projects which propose land use types not previously reviewed by the Planning Commission, shall be required to have Planning Commission approval. Additionally, all projects of major sig- December 3, 1980 Zoning Ordinance Amendment No. 80 -02 Page Two • nificance for the community shall be approved by the Planning Commission." For the Council's information, we have provided a copy of a memorandum dated August 7, 1980 from the Director of Community Development. Included in the memorandum is a monthly status report listing the activities to date from the time of staff's arrival on the scene, to July 1980. As you can see from a review of the packet, there are considerable applications under Di- rector Review listed "DR" that have been reviewed by the staff and the Plan- ning Commission. It has been suggested that the appeal process under Deve- lopment Review on page 27 of the Ordinance is cumbersome. In the two and one -half years since we have been staff to the City, there have been no appeals of the decision of the Director or of the decision of the Planning Commission on Director Reviews. We feel that the process works well now and will continue to work well in the future. Conditional Use Permits and Variances require only Planning Commission ap- proval. Conditional Use Permits, as we have outlined it in the ordinance, will be required for all items currently required to have "Site Approval" or a Location and Development Plan, to use the terms of the San Bernardino County Code. Appeal of the decisions of the Planning Commission on Con- ditional Use Permits or Variances would go directly to the City Council, Regarding Zone Changes and their approval, they are required to have approval by both the Planning Commission and City Council. The ordinance suggests • on page 38, the last item No. 6, "Appeal to City Council ", that the appli- cant may appeal the decision of the Planning Commission involving an appli- cation for a change of zone boundaries within 14 calendar days ". There may be some confusion as to why the applicant would have to appeal the decision of the Planning Commission when the district requires the City Council to approve all zone changes. Please refer to page 39, No. 7, Action by the City Council. Third line, from the top of the page indicates "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 Sections 61.0222 ". In other words, if the Planning Commission recommends to the City Council that an application for a zone change should be denied, the application will not proceed on to the City Council unless appealed by the applicant or other interested party. In reviewing the Interim Zoning Ordinance further, we find that through re- typing of the document, the R -3 District does not have an "Accessory Uses Section ". As a correction, please insert the attached page 7 with the additional section on Accessory Uses Permitted. With the clarifications indicated in this memorandum and attachments, we feel that all questions have been answered that were raised previously. In summary, we would suggest: One, refer the Planned Development District back to the Planning Commission for their consideration with specific re- ference to the use of Planned Development District in the R -1 -1 and R- 20,000 zoning districts. Two, add the new page 7 to the Zoning Ordinance. • ) �q December 3, 1980 • Zoning Ordinance Amendment No. 80 -02 Page Three RECOMMENDATION: The Planning Commission recommends approval of the Interim Zoning Ordinance Amendment No. 80 -02 with the modifications and clarifications as indicated above. Attach. `J 10 130 R -3 District Page 7 (NEW) bl. UZ4L 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. (0) 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: (1) 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 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) ACCESSORY USES PERMITTED: (1) Those uses permitted pursuant to Section 61.024D(6). (c) PARKING REQUIREMENTS: See Section 61.0219(b). (d) LOADING SPACE REQUIREMENTS: Loading space to be provided in accordance with Section 61.OZ19(b). (e) HEIGHT LiMITATt ONS: 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 -1,) 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. 131 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: August '7, 1980 TO: City Council and Planning Commission FROM: Jack Lam, Director of Community Development SUBJECT: MONTHLY STATUS REPORT Attached is a copy of the new Monthly Status Report for your information and review. The Monthly Status Report will be published by the Planning Division at the end of each month to provide the Council, Commission and General Public with an up -to -date Status Report on projects currently on file with the Community Development Department. The Report is divided into sections for Residential, Commercial, Industrial, and Institutional Projects. A brief description of the project, the submittal and approval dates and the status of building permit issuance and completion of the project is listed. Because this is the first Monthly Status Report that has been published, it includes all projects filed since incorporation. Each month hereafter, all projects that have received final by the Building Division will be removed from the list to create a Monthly Status Report of current projects only. Respect i ely suAbmi ted, JACK LAM, Director of Community Development JL:DC:cd Attachment • 13oZ C i�C�{ I.SYJ Yl)WK� a F � Z V D U77 CITY OF RANCHO CUCAMONGA MONTHLY S'IYVFUS REPORT COtNIMUNITY DEVEL.OlAlIEN "r DDARI -MENT Page 1 of 10 JULY 1980 RESIDENTIAL FILE NO. DEVELOPER /APPLICANT DESCRIPTION LOCATION SUBMITTAL DATE APPROVAL DATE BLDG. PERMIT ISSUANCE PROJECT SA78 -01 James & Virginia Mc Hann Equestrian Boarding fac. 5394 Hermosa 8/31/78 10/11/78 % R SA79-15 Brad Downey asa oane of em P. 8651 Foothill 6/4/79 DR80 -17 Arnold Anderson Mobilehome Park EIS Vine and S Foothill 12/Z6/79 DR79 -01 Lewis Sunscape Apts Ph II 248 u. NIS 19th W Ber 1 1/2/79 2 14 79 X DR79 -05 Ken Ketner Apartment - 138 units E/S Archibald,N /Base Line 1/11/79 3/14/79 DR79 -06 Vanguard Builders Apartment - 200 units MIS Archibald, E /19th. 8/29/78 2/14/79 79 -16 Alta Lana Properties Apartments - 184 uni s S/S 19th, E /Amethyst 2/13/79 erne 7/25/79 - - - - - -- - - - - - -- DR79 -57 Bob Jensen Condominiums - 42 units NEC Victoria & Archibald 9/7/79 10 24 79 lift MW MW MW i r 1977 CITY OF RANCI IO WCANIONCA COMMUNITY DINELOPMENT DLIM TNIENT Page 2 of 116 JULY 1980 COhIMERC I AL BLDG. FILE NO. DEVELOPER /APPLICANT DESCRIPTION SUBMITTAL DATE APPROVAL DATE PERMIT PROJECT PTHAI rn Shopping Center - Alph Betc SA86 -87 T & 5 Development SEC 19th & Carnelian 8/9 77 8/l/78 hlobilehome Sales Office SA92 -80 Robert Packer WC Foothill & Hellman 5/16/78 7 26 78 I1 Shopping Center GPA DENIED SA78-04 Strand Companies 1016178 6/27179 ' -- -- ,A78-OS Watanihp Greenhouse q210 - - - - - -- - - - - - -- Rufus Turner, Office - 2700 sq. ft. SA79-03 Foothill Fire i 662Z Amethyst 2 x Receiving Site and Trailer SA79 -09 Cable TV 8381 19th 3127/79 4 25 79 NA Off & Sery Stn 16,150 sq.f. 9 -12 Barmakian -Wolff, Doug Hone SEC Base Line & Hellman 5 18 79 7/11/79 x Veterinary Hosp.2,000 sq.f. A79 -14 Richard Hauser SWC 19th & Carnelian ex.ble 5/23/79 6 13 79 NA NA Concn, Addition 5,200 sq. f. SA79 -17 Dan Salter & Co. 9655 Base Line 9121179 10124179 x ArEo Mini Market SA79 -19 Atlantic Richfield 9533 Foothill 10/26/79 Office Trailer SA79 -20 Ameron Inc. 12459 Arrow 11 9 79 11/28/79 MA Chaffey Plaza /0ff.- Retail SAGO -01 Doug Hone & Assoc. SlJ Lemon&Haven 34.000 s.f. 12124/79 5 2 8D GARO -n5 Mini Idarket Conv. 300 sq.f. 26R7 Rasa line ----- Shopping Center 25,000 s.f. QR78-01 Moore DeyplapmPnit 515 Foothill @ Klltsman X X Prof. Office 3,100 sq. ft. DR78 -OS James Van Antwerp NMC Amethyst & Base Line B/4178 8/23/78 X X Rurqpr Restaurant - 2,472 Sq.ft. IStS Foothill E/VimpXard 1 R1117111 A/11/7A Y -L"-Ent Office - 20,000 sq.ft. VR78- C CkiCAAJO11 o Uc�Q�' fl- 1977 CITY OF RANCHO CUCAMONGA MONTI1LY 'NyvrUS Rl?1'011T COMMUNITY DINUOI'rMENT DEI} IUNIENT Page 3 of 10 JULY 1980 COMMERCIAL BLDG. FILE NO. DEVELOPER /APPLICANT . DESCRIPTION SUBMITTAL APPROVAL MTF PERMIT IGSIIANCF PROJECT Greenhouse Add. 20,000 s.f DR78- 8 Gerald Jay Howell N/S Cottonwood EJOeryI 8/29 7 X29/78 Req. for waiver of Site Masi & DeWitte 11747 Foothill Plan Review 8/30/78 10 25 78 NA NA Prof. Office DR78 -25 Al Castro & Ron Geisseler 9820 Foothill 9/2/78 11/16/78 x x Service Station 1575 sq.ft DR78 -30 Vlobil Oil Corp. J. Hernandez 9710 Arrow Route 9/15/78 10 1 78 Office - 55,000 sq. ft. 9301 Archibald 9122/78 30 11 78 X Office - 16,550 sq. ft. DR78 -34 Coral Investment S S Base Line, W /Beryl 9/26/78 10 25 7B X Office - 3,504 sq. ft. 78 -44 Sierra Savings & Loan 8730 19th 10/10178 11/16/78 X Raquetball C. 20,935 sq.f. D 8 -53 J. David Osborn S/S Foothill, WJRamona 11/7178 12/13/78 Office - 20,450 sq. ft. DR78 -57 Hutner & Appel Architects N/S Foothill, W /San Diego 11/30/78 2/28/79 Commercial 2,000 sq. ft. W' R- 12401 F nthi 1 9/26/78 4/25/79 Jack -In- The -Box 0 n SEC Arrow & Archibald 11/20/78 1123/79 x x Sunset P1z.Com. 12,000 s.f Sunset Pools SWC Foothill & Pomona 1/9/79 3 14 79 Comm. 17,704 sq.ft. office SEC Baseline & Carn 64.620 8/13/79 3 4 79 x Office - 11,910 sq. ft. DR7 - 7 Schlosser Forge Co. 11711 Arrow Route 2/13/79 2 20/79 x x Office /Retail - 7,230 s.f. DR79 -19 Vanir Research NEC 19th & Amethyst 8/29/78 9/27/78 x x ice - 56 5<I. -fE— DR79 -28 Vanir Research NlWC 19th & Archibald 3/13/79 4/11/79 Prof. Office - 5,936 sq.f. DR79 -40 al Investment Base Line @ Beryl Am 5/13/79 7/2/79 x �c,2,ol.trr>>�-. - Page 4 of CITY or anNCI 10 WcnNIONCn c � COMMUNITY llLVGLUIN1GNT llL\tib'IENT u r JULY 1980 un COMMERCIAL BLDG. FILE NO. DEVELOPER /APPLICANT DESCRIPTION SUBMITTAL APPROVAL PERMIT PROJECT SATE - ISSUANCE -- t7A6E�- Office - 1,440 sq.ft. DR 79-42 Morgan 8008 Archibald _U-4L 9—_ - Add. to Radio Stn 1600 s.f 9th 6 /8170 19724_F _ Wendy's Hest. 2336 sq. ft. DR79-49 Rancho Associates N S Fo thill W snian 22 X 11,400 retail Kentucky Fried Chicken - DR79 -61 Carlson Design drive -thru 7344 Carnelian 1014179 110111179 X X Med /Prof. off 42,000 sq.f. DR79 -63 Francis More SEC Grove & San Bernd.Rd. 10 /11 79 Withdrawn - - - - - -- - - - - - -- Sierra Piz /Prof.off 37,500 9 -68 Lewis Properties N/S Base Line W /Archibald 11/9/79 12/12/79 Addition -1800 sq. ft. R -71 C & C Construction 8651 Madrone 12/10/79 12/14/79 Socorro's Rest. 4980 sq.f. DR80 -01 Barmakian -Wolf NWC Center & Foothill 1 /a /80 2/13/80 ervice n re s. DR80 -05 John Issac's NWC Base Line & East 1/25/80 3/12/80 e ai en er 5 s(f -q.t. DRSO -01 harles Kalbach SEC Arrow & Archibald 2/7/80 3/26/80 Office --6,048 sq. ft. DR80 -08 wen Loftus 8137 Malachite 2/25/80 3 26 80 Shopping Center )enied P.C. CUP78 -01 lanir Research Co. NWC 19th & Archibald 9/12/78 11 8/78 - - - - - -- _ - - - - - -- Shopping Center enied P.C. CUP78 -02 obinson- Jensen Development SEC 19th & Archibald 9/15/78 11/8/78 - - - - - -- - - - - - -- Restaurant & Bar CUP78 -03 oug None 6620 Carnelian 12/15/78 12127/78 % X Shopping Center CUP79 -01 ,Ell,0 N 5 Foothill E of Vine and 2118179 2113180 L10 �{'✓n'„Qhb Page 5 of 10 CITY OF RANCHO CUCAMONGA ,, MONTHLY S'1 VfUS REPORT Tj toCOMMUNITY llGVILOI',�1L'NT llL131RTN1L'N "P JULY 1980 1977 INDUSTRIAL q 14W BLDG. FILE NO. DEVELOPER /APPLICANT DESCRIPTION SUBMITTAL APPROVAL PER141T PROJECT 8,300 sq.ft SA 78-02 Reynolds Aluminum 9910 6th Street 9/1/78 10/19/78 X X Batch Plant 2,000 sq. ft. SA79-08 Manning hers SEC Haven & 6th 3/14/79 Withdrawn - - - - - -- - - - - - -- Heliport aA79-11 Oliver Helicopters NWC Helms B 9th 5/4/79 Withdrawn - - - - - -- - - - - - -- Industrial Medicine Center SA79-13 Van uard Builders 9106 Archibald 5/25/79 6/27/79 Auto dismantling fac.3200 SA80 -02 I Josev Barkin 13195 Whittram Ave. sq.ft 2/28/80 4/9/80 Refuse tr equip. st9. SA80 -04 Rancho Disposal 8908 Hyssop yd -ofc trailer 4/3/80 1 Rancho Cuc.1rd.Park -02 Vanguard Builders NWC 7th & Archibald sq.ft 8/2/78 8/30/78 X X QN8 DR78 -03 9th Street Development Co. 9181 9th Street 8/2/78 8/23/78 X Ph I n us Lenfer DR78 -06 Harry S. Rinker (Reiter) SWC Arrow & Archibald 8/7/78 8/23/78 X X Industrial - 20,000 sq.ft. DR78 -07 August H. Reiter S/S Main, E /Hellman 8/7/78 8/23/78 X X ,Lion - 3,800 sq.ft. DR78 -14 George Loving 8613 Helms 8/21/78 9/23/78 X X 264,300 sq. ft - Archibald. 5 16th Street 9/1/78 9/27/68 Storage - 2,700 sq.ft. - 7209 9/13/78 10 25 78 _Lavton 30,000 sq. ft _ DR7R-?F1 Pneudraulics Inc. SEC Helms & Arrow 9/14/78 10/11/78 F.E. MacDonald- 18,000 sq. ft DR78-29 L.V. Hof arden 9851 8th Street 9/12/78 10/11/78 X X u t- enan 2;9B+f sq, ff - OR78 -32 G.S.R. Development Co. 6760 Helms 8/28/78 10/11/78 X X Remodel & Addition I OR78 -33 ito-Lay 9535 Archibald 9/22/78 10/25/78 X q 14W 0 UP 1977 Page 6 of CITY OF RANCI IO I�1CAMONGA X10N'1'111.Y .,,mv u,s 1t i' min' COMMUNYIN UL'VD.011N1ENT llEhI MEN'I' JULY 1980 INDUSTRIAL BLDG. FILE NO. DEVELOPER /APPLICANT DESCRIPTION SUBMITTAL APPROVAL PERMIT PROJECT 0 OAT€ — I.SSUA41 L €D 19,200 sq. ft. Fil i NWC Peron & IpS1LL5iCj..,1L 17R —�/2 14,400 sq. ft. DR 78-37 Crowell/Leventhal _ 43,200 sq. ft. DR78 -38 Albert W. Davis ISEC 9th & Helms 9/29/78 11/16 7 Expansion - 20,280 sq. ft. lAmprnn Steel & Wire 12459 Arrim Hwy, 10/2178 10/3178 X Industrial Park DR78 -52 Arthur A. Warren E Vine and S 8th 11/6178 Withdrawn - - - - - -- - - - - - -- 60,000 sq. ft. DR78 -55 Rancho Cucamonga Development 10040 -9D 4th Street 11/16/78 1/16/79 % X Scheu Ind.Park 72,960 sq.f 8 -60 Martin Jaska - E/S Archibald, N /6th 12/21/78 1/16/79 X Warehouse Add 10,080 sq.f. V78-62 Calif. Finished Metals 9133 Center Avenue 12/12/78 12/15/78 X X Addition - 1 6 sq. ft. DR79 -02 Ameron Steel 12459 Arrow 1/5/79 1/16/79 X X ion - q. M DR79 -03 Tamco 12459 Arrow 1/5/79 1/16/79 X X T n OR79 -11 Poly Plastics Co. 10220 4th Street 2/2179 2/8/79 X Industrial Off. 4,000 sq.f DR79 -18 F & B Trucking Line 6545 Pecan Ave. 2/13/79 5 23 79 Industrial Park 8,649 sq.f DR79 -21 A. H. Reiter NWC Onyx & Main 2/20/79 4 3 79 X Industrial P. 17,767 sq.ft DR79 -77 NEC & Main 20 22,800 sq. ft. DR79 -25 Phillip Schlosser 11711 Arrow 3/5/79 3/6/79 X X Warehouse - 20,000 sq. ft. OR79 -31 Mountain View Builders 8768 9th Street 4/3/79 8 13 79 X Processing Fac. 69,000 s.f DR79 -32 pluess - Rochester between 6th & 8t1 4730/79 11719779 V ID 1977 CITY OF RANC110 CUCAMONGA CO,NIIVIUNiTY L)L'VEL0H%,IENT DL'►AlYfNuNT Page 7 of 10 JULY 1980 INDUSTRIAL FILE N0. DEVELOPER /APPLICANT DESCRIPTION SUBMITTAL APPROVAL BLDG. PERMIT taiAVF PROJECT FINAI Fn 20,000 sq. ft. DR79 -33 Suiley Trucking 8615 Pecan 4/3/79 5/25/79 5,740 sq. ft. - DR79 -39 _. H. Coggin 8975 Rochester 5/4/79 7 9 79 X Industrial P. 92,249 sq.ft. DR79- 41 Investments 1S 8th, W /Archibald 5121/79 6 27 79 Addition - 12,000 sq. ft. DR79 -44 ason Products 9292 9th Street 6/7/79 7 17 79 x x Industrial P. 117,400 sq.f. DR79 -45 iellman Industrial 14WC 7th 8 Hellman 6/8/79 8/8/79 Retension Basin DR79 -46 0. California Edison 8996 Etiwanda 6/20/79 6/26/79 x X n us rig -sq-.T DR79 -47 iugh Brooks Assoc. N /Jersey between Monroe B 6/21/79 7/27/79 X Utica Warehouse - 12,300 sq. ft. DR79 -51 Fanner Co. 12161 Arrow 7/20/79 8/8/79 n sq. DR79 -52 John D. Lusk I141C Haven 8 4th 7/19/79 10/31/79 Addition - 7,700 sq. ft. DR79 -53 rito La Inc. 9535 Archibald B/10/79 9/13/79 x 48,000 sq. ft. DR79-54 integrated, Inc 8787 Hel man 8/14/79 4li thdrawn - - - - - -- - - - - - -- 30,000 sq. ft. np7Q-;q Data Design Labs 7925 Center 8 24 79 9/24/79 Truck Maintenance DR79 -56 eVries Const. N /ldhi tram, �da 8/24/79 9/20/79 X x Multi- tenant 71,100 sq.ft. DR79 -58 Vanguard N/S of 7th W /Archibald 9/10/79 11/15/79 Existing Bldg. 079- G p Nl7C 4th 8 Cleveland X X - Ph II -Cuc. Bus. 000 P. 80, P12/12/;79 _ DR79 -60 H. Reiter ISIS Arrow, W Archibald 10/3/79 Cho CUCnSlt7l�9 U > 1'977 CITY OF RANCHOWUCANIONGA A,j0NrhL -ILY S°I uus Rii-,mi 1' COMMUNITY llEVEI.OI'IML'NT DERUITNIL:NT Page 8 0 f 6 JULY 1980 INDUSTRIAL BLDG. FILE NO. DEVELOPER /APPLICANT DESCRIPTION LOCATI01 SUBMITTAL APPROVAL PERMIT TSSIIAHrF PROJECT FMAI Fn Addition - 5,625 sq. ft. DR79 -64 Ja ner - Insul 11899 8th Street 10/23/79 11/28/79 'rlarehouse - 80,000 sq. ft. DR79 -65 Barkmakiar - Wolff 9375 Archibald 10/25/79 11/29/79 X Addition - 3,710 Sq. ft. DR79 -66 aska NBC Haven & 7th 11/6/79 11/16/79 Master Plan Ind. Complx. Addition - 50'x59' prefab DR79 -7Z Jiana Tool & Machine 11881 8th Street 12121/79 1/3/BO 10,000 sq. ft. DR80 -02 hook Building Systems NOW 7th & H sso 1/4180 2 13 80 % 5,000 sq. ft. DR80 -D3 err Jones 8810 Etiwanda 1/24/80 44,625 sq. ft. 0 -04 eorge Robbins W/S Hyssop, S /of 7th 1/25/80 4/l/80 4 Industrial bldgs. 80,000 DR80 -06 rnold Anderson N/S 6th, W /Turner sq.ft. 1/25/80 3/26!80 1 ,00 sq. t. DR80 -09 V. Hofgarden 9851 8th Street 2/26180 4/9/80 n us rTa ar DRBO -10 toward Bucks 9th and Flower sq. £t. 3/7/80 4 /10/80 Concept Plan 292 ar..: nd.Pk. Fo it Hn Arrow & RR 15 at. Ph I of R.C.Bus.Pk. R- aon r n N S Arrow E Haven 3/12180 23 B 261,000 sq. ft. lountain View Builder/ 4 Ind. b7 9s 20,000 sq.ft. DR80 -14 ,uidera E S Etiwanda S Arrow Hwy. 3/21/80 lountain View Builder/ 7,500 sq.ft. GRRD-I 5 'archesi Arrow Route 3/21/80 � � VCA,�1plC LZ' 9 F � l un CITY OF RANCI 10 CUCAMONGA MONTHLY S IYVFUS R ,'To 1' CONINIUNI TY DEVI- 110MIENT DEPARTibIENT Page 9 of 10 JULY 1980 INDUSTRIAL FILE NO. DEVELOPER /APPLICANT DESCRIPTION SUBMITTAL DATF APPROVAL nATF BLDG. PERMIT TCUTANrF PROJECT Meyer n stm nt Ind.Pk. Ph 1 139,950 sq.ft E/S Archibald, S /6th Stree 3121180 4 23 80 ' nRAO-20 John D. Lusk Ph II Ind. Pk. 88,262 sq.f FlWC Haven & 4th Streets 4/23180 DR80 -21 Hublein Inc. Wine tank addition 12467 Base Line 5/1/80 5/2/80 X Am C� n�c < n 1971 Page 10 0b0 CITY OF RANCIIAUCAAIONGA 1'IONl'I -11A, 511VITs R ETOM, CONINIUNITY DEW1,01'INIENT DElMUNILNT JULY 1980 INSTITUTIONAL FILE NO. DEVELOPER /APPLICANT DESCRIPTION LOCATION SUBMITTAL DATE APPROVAL DATE BLDG. PERMIT ISSUANCE PROJECT FINALED SA78 -03 Eddie & Patricia Young Preschool - extg structure 9817 Base Line 9/25/78 11/8/78 SA79 -01 Community Baptist wrc rest ioo 8-- NtIC Beryl & 19th sq. ft. 1/9/79 2/14/79 X SA79 -02 Bill Holley ioT n s far .onn -. r= — 9161 Base Line 5,220 sq.f. 1/27/79 2/28/79 x x _ A Preschool - 4,400 sq.ft. 6730 Hellman 1/23/79 DENIED 3 14 79 - - - - - -- - - - - - -- - 5 Bill W ckoff Classroom Trailers - 3,500 9212 Base Line sq.ft 1/30/79 Withdrawn - - - - - -- - - - - - -- SA79 -06 Rancho Cucamonga Riding Ring - Heritage Pk. 1/22/79 2/28/79 SA79 -07 Brethren In Christ Church Church -1,200 sq. fc. 9974 19th Street 2/20/79 3/28/79 x F x &9-10 Church of the Nazarene Church & Educ'l. Bldg. 9900 Arro, 9,505 so. ft. 3/27/79 4 25 79 SA79 -16 Willows School 4- Temporary Classroom 8968 Archibald Trailers 7/20/79 8/10/79 x NA SASO -03 Billy Wyckoff Preschool 9212 Base Line 3/5/80 5114/80 _ DR78 -I6 Billy Wyckoff Preschool 3,500 sq. ft. S/S San Bern.Rd.W /Archiball 8/25/78 8/25/78 x x R79 -38 G.S.R. Development Extg Bldg. /Chaffey TrngCtr. S/S 9th & Helms 4/23/79 6/13/79 x x DR 0 -19 Reed Lawrence/ Church Latter Day Sts. Off. & classroom addition 9075 Base Line 4118180 4/23/80 • a crry or 1tn1\0 lu cl < nnx>�cn S'F,, F R' LPOR DATE: November 19, 1980 v 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. INVESTMENTS - A request for a change of zone from R -1 -T to R -3 on 5.5 acres of land located on the south side of Foothill Boulevard, west of Baker Avenue - .APH 207-191 -49 & 48 BACKGROUND: The applicant is requesting a change of zone from the present designation of R -1 (single family 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 C"•incil granted a change of zone to P, -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 the subject property is presently developed as a single family residential project, Three streets presently stub into the suhiect 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 143 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 in the 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 pR ctfull submitted, 7J/ / BARRY'KI kGA Planner - V BKH:MV:cd • Attachments: Exhibit "A ", Location Map Exhibit "B ", Site Plan Exhibit "C ", Proposed building elevations Exhibit "0 ", Proposed site sections Part I, Initial Study Planning Commission Resolution Ordinance • S FOOTHILL .'BLVD. C -2 C -2 COM14 RC L5/ \ R_ I\ GP J \P v /h'G I Fg4AI R-1= C /TRU5 GROVE R, \AY4"All\�,R -3 ` R'- 3 W RIGARC'0 D �� Yact : ✓\ z I,_J \ \�\ C /TRU5 i \\ GROVE Q ,R -I -T \ ~ -SUBJECT \�` n• >o� ✓, PROPERTY \. PazK FERNLE F DR \�\' R-3 \2o7-191-4 VACANT i VACANT \ 207- /9/ -d9, Q �� \ \ \- • ,• m� - JI *1IF,— h'CES i.,IL^r' A HMI S/ /✓G[E f.. N1 /LY / REu /OEr./C65 W I i- O ITft� ZINC GHRNCaE 60'19 i}(µ161 A.. eo NX, CITY OF RAINCI 10 CUCAMONGA PLANNING DIVISION .1; Li W A7 Mo R Cl,, US ji M x" "ITUY: FKolpcsF-t'> 5I7C- FLAN FNI hIll I': __SCALE • 0 • 0 Yl �s C7 j i x m az } r � t ari o� N d� o °> roo I A mie off Nff oil .1 n� a u Oi 0 E $L PP 9� CITY OF RANCI K) CUCANION A PLANNING DIVISION o? m. E �a 0 J�m v• u m 6633 SAP' at[d y� �isE�aa P� } €1% >_a se 3a Ifis F I� SCAII! N s= Nc t ti h r rrl:.�i:�oNC _C.t_t.6NCaE �-Ig TITIT: o� �? _�Al`yAT16Ns I� SCAII! n I U) LLI i W O_ yS� to r i I N � � gY Oq 33 n f� o� c a L`) iffq L� U U Z O F N'A F1 y e 1 r a z ny L� nI d i I 3� to ~11 �4 • CITY O1' ITEM: CHANGE 4o-Is RANCI K) CUM NG1 TITLE, PgoFoser, G -vA- Cf4sW PLANNING DIVISION IAIIIBIT;; Z — yugl.G • ORDINANCE NO. 125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 207 - 191 -49 -4B 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. SECTIO_'! 3: The hlaynr 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 of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1980. 1 q� 0 �J °10 CITY 01: RA\'CI10 Cl,'CANI(h \'GA STAFF REPORT DATE: November 19, 1980 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 R -1 -5 (single family resi- dential) to A -P (administrative - professional) and R -3 (multiple family residential)- APN 201 - 181 -12, 21 d 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 mixed 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 in size and shape to accomodate the types cf uses permitted in the proposed zones. In addition, the types of permitted uses in the proposed zones are compatible witn existing and proposed land uses in the immediate area. Part I of the Initial Study has been completed by the applicant and is attached for your review. After review of the Initial Study, the Commission foun,' no significant adverse impacts on the environment, and therefore recommends issuance of a Negative Declaration. I0 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, Ba rryK: Hogan --Ci ty'Planner BKH:MV:cd Attachments: Exhibit "A ", Location Map Exhibit "B ", General Plan Exhibit "C ", Zoning Map Part 1, Initial Study Planning Commission resolution Ordinance 151 • 0 L J n LJ 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 property is located on the northeast corner of Base Line and Archibald Avenue known as Assessor's Parcel Number 201 - 181- 12-21 and 22. SECTT ^,!1 3: The Mavor shall sign this Ordinance and the City C1crE shell _a ,se the sale to be ou`lish = wi,hir fi °'<en (15) days after its passage at least once in The Dail Report, a newspaper of general circulation published in the City of nntarin, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1980, /5� u Ll 7 1977 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 -i 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 0 aj cres 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 Hulti- 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 west 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 ..hange. Attached is Part I of the Initial Study as provided by the applicant. After review of the Initial Study, the Commission has recommended ) f3 Cll'YOh R, %,\C1 K) CL:G%NXMA 0 0 CC'CA,14r)'lc STAFF ituoiv M M5: C D DATE: N November 19, 1980 BACKGROUND: The applicant has requested a change of zone for approximately 0 aj cres 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 Hulti- 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 west 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 ..hange. Attached is Part I of the Initial Study as provided by the applicant. After review of the Initial Study, the Commission has recommended ) f3 City Council Staff Report November 19. 1980 ZC 90 -20 Page 2 issuance of a Negative Declaration. CORRESPONDENCE: A notice of public hearing was published in the Daily Report legal 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 raCEivad either for or against this project. RECOMMENDATION: The Planning Commission recommends that the City Council a opt— the attached Ordinance approving Zone Change no. 80 -20 with issuance of a Negative Declaration. Re,gC tful ly s /ubmitted, //,/ birry�, Hogan �— JSi ty�l annex 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 • • 0 9 ORDINANCE NO. 127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBED 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 the manner 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 Dail 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. /5, 0 31 CITY OF RANCI-10 CUGMVIQ \GA STAFF REPORT DATE: November 19, 1980 TO: City Council and City Manager FROM: Barry K. Hogan, City Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ew of adult businesses in tie C -2 general business 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. 45A 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, The Planning Commission recommends that the City Council Ordinance for the control and regulation of adult business. )6` • • 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 11 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. �x 1607 �,1 � No. 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 RE UIREMENTS. Section 61.0219(a) shall be amended to add 61.0219 a 9 : as 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. 11 15 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, a 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 shat 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 Reeort, 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: Lae ren M. Wasserman, City Clerk • Phillip D. Schlosser, Mayor KF 0 7 n U CITY OF RANCHO CUCVvUNGIA STAFF REPORT DATE: December 3, 1980 -� TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Annexation #2 to Landscape Maintenance District #1 for Tracts Nos. 9176, 9225, 9435, and 9567 Attached for Council's approval is Resolution No. 80- ordering the work in connection with Annexation #2 to Land- scape Maintenance District #1 for Tracts Nos. 9176, 9225, 9435, and 9567. Annextion to the Maintenance District is a routine policy for all new tracts. RECOMMENDATION It is recommended that Council approve Resolution No. 80- ordering the annexation of Tracts Nos. 9176, 9225, 9435, and 9567 to Landscape Maintenance District #1. Respectfully submitted, LBH:bc Attachments 166 CITY OF RAF -HO CUCAMONGA Engineer's Report for Annexation Number 2 to the Landscape Maintenance District Number 1 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description The City Council has elected to annex the permanent landscaped areas shown on Tentative Tract Maps No. 9176, 9225, 9435, and 9567. All landscaped areas to be annexed to the district are shown on the Tract Map as roadway right -of -way or easements to be granted to the . City of Rancho Cucamonga. SECTION 3. Plans and Specifications The plans and specifications for the landscaping have been qre- pared by the developer and have been approved as part of the improve- ment plans for Tentatvie Tracts 9176, 9225, 9435, and 9567. The plans and specifications for the landscaping are in conformance with the Planning commission conditions of approval of said Tracts 9176, 9225, 9435, and 9567. Reference is hereby made to the subject tract maps and the ass _ scr_.. - .-_' __ s __r =:._ -_- - ..._ __....s.. '_a areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications is were attached hereto -1- SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. • All improvements will be constructed by developers. Based on data from other cities, contract analysis and developed work standards, it is estimated that mainenance costs for assessment purposes will equal forty cents ($.40) per square foot per year. These costs are estimated only, actual assessments will be based on actual cost data. The estimated total cost for Landscape Maintenance District No. 1 is shown below: Total Annual Maintenance Cost $.40 X 187,449 square feet = $74,979.60 Per Lot Annual Assessment 74,979.60 - 851 lots = 88.11 per year Per Lot Monthly Assessment = 7.34 per month • Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. SECTION 5. Assessment Diagram A copy of the proposed assessment diagrams are attached to this report and labeled "Exhibit A "; by this reference the diagram is hereby incorporated within the text of this report. SECTION 6. Assessment Iaorove^en_s for Annexation ':o. 2 ar =_ fo.n'_ lo be o. .._ __ benefit to all lots within the District and that assessment shall be equal for each parcel. 1��2 • The City Council will hold a public hearing in June of 1981 to • determine the actual assessments based upon the actual costs incurred by the City during the 1981 -1982 fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's report. 3. City Council adopts Resolution of Intention to Annex to District and sets a public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. • 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. • -3- ' 1�3 N O F- uj W 2 Lj- ll (r CITY OF RANCH) CUCAMONGA ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0, 1 ANNEXATION "2 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ORAUGE 5l E T Li rRAC F 9225 ei, .ngmur c<.. m, v w u i w 3 z V I of 2 •' • 9 ti 11- n CITY OF . RANCH,.) CUCAi,,JNGA r ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION ° 2 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA CKA14CE hTREE1" IS IS I I2 11 IC 9 3 HLF4AVD .[" F. TRACT 9225 2 of 2 CITY OF RANCNIj CUCAt ,ONl A ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION 2 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF ' CALIFORNIA l MAN<ANITA CR. r SUNFLOWER 57 i 6 5 a J 2 w w TRACT 9/76 ■ 1 i r , C t s • 0 CITY 01 RANCH) CUCAI•IONGA 'r ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION °2 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF 'CALIFORNIA HIGHLAND AVE. 1 • •, fL �. 1)111 OGII TRACT 9567 1�7 - W Q Q O W Z CITY G. RANCI ;O CUCAoiONGA ASSESSMENI DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION *2 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA w I z I w e � TRACT N0. 9432 w > I a x I I L— 610 37 \27 as :e 12 10 IS tq ea 13 9 �e to t e Ti 22 S H 7 3L a 2I /6 6 a 10 17 � ]( + N le HOLLY DRIVE 2 J6 a. Ja J9 Ya r� 1 • TRACT N0. 9435 ► of ► ,c..'sm RESOLUTION NO. 80 -111 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NUMBER 2 TO LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 FOR TRACTS NO'S. 9176, 9225, 9435 AND 9567. WHEREAS, the City Council of the City of Rancho Cucamonga did on the 5th day of November, 1980, adopt its Resolution of Intention No. 80 -100 to order the therein described work in connection with Annexation Number 1 to Landscape Maintenance District No. 1, which Resolution of Intention No. BO -100 was duly and legally published in the time, form and manner as required by law, shown by the affidvait of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement ", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears from the affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements described in said Resolution of • Intention '!o. 30 -100, according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work; SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the district and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 80 -100, be done and made; and SECTION 2: Be it further resolved that the report filed by the Engineer is hereby finally approved; and SECTION 3: Be it finally resolved that the assessments for fiscal year 1981 -8 and me of assessment in the Engineer's Report are hereby approved. PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ABSENT: I • • 49 STAFF REPORT DATE: December 3, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Appeal of Tree Removal Permit Issued for Glen Franklin. As a condition of approval for a single family home on Hellman Avenue south of 19th Street, the widening of Hellman along the property frontage (about 130 feet) was required. In order to widen the street to its proper width, several large Eucalyptus trees will have to be removed. The removal of these trees has been appealed by several nearby residents. A copy of their appeal is attached. This sort of street improvement requirement is normal for such individual lot developments and is the only way to insure the proper widening of streets without undue City expense. It should be stressed that the permit to remove these trees requires the planting of new Eucalyptus trees 20 feet apart and of 15 gallon size. If the diversion of drainage waters by these spot widenings is likely to be a problem then special attention to the design is required. By proper design any problems can be mitigated. RECOMMENDATION: It is recommended that the appeal be denied due to the public benefit to be gained by obtaining immediate street improvements. Respectfully submitted, LBH:blc 170 TO THE HONORABLE MAYOR AND DISTINGUISHED CITY COUNCIL MEMBERS Tonight a request will be presented to you for consideration. Those of you who sit on the Council may consider the request a trivial issue. Many of you who are employed by the City may think the request a mute issue. Many of you who are in the audience may think the request is an asinine one wasting valuable Council time for a simple tree removal request. We, the following undersigned residents of Hellman Avenue, find the tree removal request an abominable one. The request is not one for the removal of a solitary, dead, or decaying tree but for the removal of a row of beautiful, healthy trees. Many of us have lived in the immediate area for over 15 years. Others have lived here approximately 10 years. And there are those of us who have lived here but for a short time. Each of us, in our own way, had reasons for moving to this area, not withstanding the desire to raise our children in a rural atmosphere in which we could escape the hustle and bustle of a hectic world. The area of Alta Loma afforded us this opportunity. Hellman Avenue presented us with our haven of retreat. This unobtrusive street reoresented the time when an ooscurity was only broken by tie immortal Jack Benny's jocular reference to Cucamonga. If the City Council approves Mr. Franklin's request for tree removal at 6730 Hellman Avenue, we, the local residents, will be the ones who lose. Our children, who have matured into adults, will have only their memories. Our neighbors' children, who are adolescents, will not have the • opportunity to benefit from the rural setting that their oarents had hoped for vmen they relocated to this area. Their heritage will be one of commercialism and sins of expansion. In closing, we leave this last thought with this auqust body: the City has tried to preserve the much desired atmosphere when and where feasible. If the Council could take a memory drive along Hellman Avenue, they would surely note some of the drastic changes that have taken place over the years due to expansionism. In our opinion, and I am sure this Council would agree, that it has not always been as beneficial as desired. We respectfully request that this governing body deny the tree removal request to help preserve the little that we have left in this city. L ' CITY OF RANCHO CUCAM'ONGA ADNIINISTFi 110N t CIA NOV 2G 1980 PN glglgl�plulgll121314 5 6 IV L ,l -P I October 31, 1980 • TO THE HONORABLE MAYOR AND COUNCIL MEMBERS: We, the following undersigned residences of Hellman Avenue, have been notified by the City that certain trees along our beautiful avenue are to be removed as a condition of approval for the development of a single family residential move -on at 6730 Hellman Avenue, Alta Loma. This revelation came to us via the U. S. Postal Service. We applaud the ten -day response time; however, since the U. S. Postal Service is not the most expedient messenger service, most of us have not had the full ten days to contemplate the effect of this action on the atmosphere of our rural setting. It is for this reason that we, the following undersigned, request a postponement of approval for one (1) week so that we may respond in a more intelligent manner. Should this august body deny our request for postponement, then let this letter serve as a voice of our dissension against removal of said trees. The rural atmosphere for which many of us moved here will be scarred. Commercialism will be just around the corner, and our children will be the ones who suffer. We do not wish this atmosphere to be destroyed as it has been just south of foothill Boulevard. Again, we request a postponement of the removal so that the residences fronting along Hellman Avenue may respond in total. Thank you. iw b�Za(�cc[c C�1_' 98Y3�7(v /L77/��,/n22�7Q%w /e U C� G r s afj�2 3a�y�2 �a.L�� CITY O�IRgI�i�F10 CUC MONGA iRA TInN Ro-1 Q n _ 675 g Yu ooy . s 1702 AM OCT 31 1980 718191ro1N11211 2i3i4j$ 6 le I ilk rg. QTY OF RANCHO CI_C PvKVCA oCQCA.ti f) STAFF REPORT • Llv: ^, ry,, 01 DATE: December 3, 1980 F U T0: Members of the City Council and City Manager 7977 FROM: Barry K. Hogan, City Planner SUBJECT: APPEAL OF DECISION REGARDING THE RED HILL COFFEE SHOP SIGN ABSTRACT: As the City Council will recall, on November 5, 1980 there was considerable discussion by both the City Council and the audience regarding the appeal of the Planning Commission decision in reference to the sign lo- cated at the southeast corner of Grove Avenue and Foothill Boulevard. We have attached for your information the previous Council staff report dated November 5 which includes all correspondence relative to this matter, the Planning Commission meeting minutes, and the Planning Commission staff report. Considerable discussion ensued regarding the portability and value of the sign. It also appeared there seemed to be agreement on the fact that the sign lies totally within the dedicated right -of -way of Foothill Boulevard. In a review of the Planning Commission meeting minutes you will note that the Planning Commission had considerable discussion over the portability and value of the sign with no apparent resolution to the discussion. Also, the final determination of the Planning Commission was that the sign lies • wholly within the right -of -way of Foothill Boulevard and is prohibited by the City Sign Ordinance and should be removed. There was considerable discussion at the November 5, 1980 meeting of the City Council over a slide show prepared by the Department of Community Development which depicted many different signs, some within the City of Rancho Cucamonga, some in other cities. The purpose of the slide show was not to focus on any particular sign but to give a representation of the kind of signing that was currently being used within the City and in other areas and an indication of the kinds of signs that the ordinance would pro- mote. In no instance did we ever indicate that this particular sign was to be amortized over 5 years. At the time of the writing of this report, no information has yet been re- ceived regarding the two questions asked by the applicant of the City Council, i.e., what was the price of the sign at the time the business was purchased by the Moffatts and what was the original cost of the sign? Evidence of the answers to these questions were to be presented to the City Council on De- cemher 3, 1980. Additionally, one other question was raised at the Council meeting regarding the recently passed law contained within the Business and Professions Code Section 5412.5, The City Attorney will have a brief Ural rep t for the Council at the December 3 meeting. R rep submitted, rr' k HOg i t Pla nn j BK :jk u Attach. 7 ) /,3 CITY OF RA\CI-1O Cl,'CA,,,ONGA S'T'AFF REPORT DATE: November 5, 1980 F� TOO v, T0: City Council and City Manager 1977 ... FROM: Jack Lam, Director of Community Development BY: Barry K. Hogan, City Planner SUBJECT: APPEAL OF PLANNING COMMISSION DECISION REGARDING THE SIGN FOR RED HILL COFFEE SHOP. ABSTRACT: The Planning Commission at their October 8, 1980 meeting, directed Mr. and Mrs. Moffitt, owners of the Red Hill Coffee Shop and the sign located on the southeast corner of Grove and Foothill, to remove said sign because it is located entirely within the right -of -way of Foothill Boulevard. They have appealed said decision to the City Council. At the time of discussion during the Planning Commission hearing, there were a number of issues raised regarding the sign. They are: Is the sign portable? • Is the sign a permanent structure? • What is the value of the sign? Is The Sign Portable? These issues were discussed in the Planning Commission Staff Report of October 8, 1980 (See Attached). There was one additional item that was raised at the time of the meeting - the sign was located in the right - of -way of Foothill Boulevard. The attached exhibit indicates the location of the sign and the dedication papers dated 1972. When the issue of the sign's location was raised, the question of whether or not the sign was portable or permanent became a moot point. Signs located in the public right -of -way are prohibited as stated in the Sign Ordinance Section 4.1.8 and the City is allowed to remove said sign pursuant to Section 4.3 of the Sign Ordinance. Attached for the Council's review are the minutes of the Planning Commission Meeting and the Planning Commission Staff Report. In a review of the minutes of the Planning Commission Meeting, you will note that Commissioner Rempel abstained from any action regarding this item. The Planning Commission voted on a three to one vote with Commissioner King dissenting because he felt that the applicant should have an opportunity Staff November 5, 1980 Page 2 to participate in the valuation of the sign. The Commission denied the • applicants request to have the sign remain and directed the applicant to remove the sign by November 7, 1980. RECOMMENDATION: It is recommended that the City Council deny the appeal upholding the Planning Commission's decision to have the sign removed by the applicant by no later than November 7, 1980. Respectfully submitted, 'J" �a 4� JACK LAM, Director of Community Development JL:kp Attachments: Memorandum from Building Official Planning Commission Minutes Planning Commission Staff Report 1] • • 1 � l NZ4 BUSI :LESS . CLlRI71C.ATI09 OF PORTABLE SIGN STATUS - RED HILL CAFE Commissioner Hempel stepped down on this item stating that Mrs. James Moffatt had acted as his campaign treasurer during the recent city council election. City Planner, Barry Hogan, reviewed the staff report. Commissioner Tolstoy asked what the criteria is in determining the valuation of the sign. Mr. Hogan stated that it is based on the current cost of materials as determined by the City Building Official. Mr. Hogan asked that the Commission direct the applicant to remove the sign as it is in violation of the City code. Chairman Dahl asked Mr. Hogan if he had investigated whether the sign is in the right -of -way. Mr. Hogan replied that since the completion of the staff report he had further investigated the possibility that the sign may be in the right -of -way and showed the Commission an overlay of the area superimposed with the existing right-of- way illustrating that the sign is in the right -of -way. Mr. Hogan also stated that this was dedicated by the prevoius owner in 1972 and that an encroachment permit would be necessary to allow this sign to remain here. • Cor iss:onet Sceranka asl2d wn^—t area r - 'e5ent ed. Mr. 4ogan stated that the overlay used is from an aerial photo taken for the widening of the street. Discussion ensued on whether the sign was portable or permanent. The City Attorney stated that whether the sign is permanent or portable is ir- relevant. Commissioner Sceranka stated that if the sign is permanent it has expired based upon the ordinance and if it is portable, it is in the right -of -way which makes it illegal. He asked if staff had ever investigated the sign being in the right - of -way previously. Mr. Hogan stated that he had at one time asked Mrs. Moffatt whether the sign was in the right-of-way and she stated it was not so he took her word for it. This was prior to 1979. Commissioner Sceranka stated that there is a letter dated August 1979 that the sign is in the public right -of -way and so there was discussion on that in Aug- ust of 1979. Commissioner Tolotey stated that this was true and that he remembered it, but that :(.. Hogn:: had expLained thin by stating ,hat it was believed to be in the 40 right -3f-way but that nonody knew where the right -of -way was at that time. Minutes -o- October 8, 1980 1 7� C (, The Commission asked for clarification of where the sign is presently located Mr. Hogan showed the Commission where the sign is located. • Chairman Dahl stated that if the Commission is looking at a value of $250, the sign life under the ordinance has expired and even if the sign were valued higher, it will expire on November 4. Further, that increasing the valuation of the sign accomplishes nothing as the Planning Commission is legally bound to uphold the ordinance. Chairman Dahl asked if the applicant would like to address the Commission. Mr. James Moffatt came forward and stated that he took exception with the value placed on the sign, as be felt it to be too low; that the sign is not in the right -of -way; and that the City Council had stated that the sign could remain in place for a period of 5 years. Mr. Moffatt also stated that he had been told that he would receive a staff report on this item but had not received one. Mr. Moffatt stated that the current valuation of the sign is well over $1500 not counting the letters that have to be attached to it. Chairman Dahl stated that this is a problem that will have to be evaluated. Commissioner Sceranka asked about the question of right -of -way. Mr. Moffatt stated that he had a grant deed from the previous owner that does not show the City having any tight -of -way. Following considerable discussion on the value of the sign, Chairman Dahl stated that his concern was that the Commission does not set a dangerous pre- • cedent in making a determination on the value of the sign. Commissioner King stated that it was his feeling that relative to the appraise! of the sign, input should be received bath from the Building Official and the sign owner. After receiving input, it would be their (Planning Commission) de- cision to arrive at an equitable amount for the sign. He felt that the issue of value must be addressed. Commissioner King also felt that in making a determination of the sign and whether it is permanent or portable, the sign could still be removed and yet be designed to be permanent. The City Attorney stated that Commissioner King may be philosophically correct; however, the City Attorney stated in terms of providing a forum for reasonable discussion of value, the ordinance does not provide that. The ordinance states that the value is determined by the Building Official. It does not state that the value is set after debate between the Building Official and the appraiser or anyone else. His opinion of the ordinance is that the determination of the Building Official is final. He stated however, that the Commission may want to suggest that the Building Official and the Moffatts go over the value if there is same particular concern or something he thinks the Building Official may have missed but it is not appropriate to invite debate over this with the Planning, Commission. Planning Commission Minutes -10- October 8, 1930 • 14 / Considerable discussion took place on the definition of portable signs and how the definition came into existence and was incorporated into the ordinance. Commissioner Tolstoy asked if the City had enforced the County sign ordinance, would this be considered an illegal sign. Mr. Hogan stated that it would be. Further, if the County had enforced its sign ordinance, that sign would not be here today. Commissioner Tolstoy stated that the issue is not whether the sign is portable or not but that it is in the right -of -way: Further, if the sign was illegal under the County ordinance it should come down. The City Attorney stated that the problem is that the City now has its own sign ordinance and this sign should be ,Judged on the merits of the City's ordinance. Mr. Moffatt stated that anytime the City wants to have a sign removed, all the Bu'_ -ding Official would have to do is value a sign to be less than $250 and the sign would have to be removed. He stated that the sign had been here for some seven years and if the County did not see fit to remove the sign, the City should not either. Mr. Moffatt stated that the City was going back on its original:. word that his sign was not one that would have to be removed for five years. Considerable discussion took place with Mr. Moffatt and the Planning Commission on amortization of the sign. • Mrs. Moffatt stated that she felt that they were being singled out as there were many signs in the City that she :vaew not to be n rmanept that has not stated are in violation. Chairman Dahl stated that by ordinance, the Planning Commission has no choice but to take the estimate of the Building Official for the sign's val'ie. Fur- ther, that the ordinance is clear cut out that as a Planning Commission they want to do everything they can to work with the Mof.`atts. He stated that this ordinance is a- law of the City and if they choose to, after the Planning Commission decision is made, they can appeal to the City Council. Commissioner King moved that this item be continued to allow additional input in determination of the sign's value before the Planning Commission would act on this matter. The motion died for lack of a second. Commissioners Tolstoy and Sceranka stated that they could not second the motion because that was not the issue. Commissioner Sceranka moved that the applicant be directed to remove the sign because it is in the right -of -way. There is no way the Planning Commission car, continue to be consistent in sign enforcement and uphold the interests of the ccmmunity without its removal. Coamio:;io.ner Tolstoy seconded the motion. Ti,ere -ems some discussion about when the sign should be removed Chairman Onhl ztited that a time for removal ahoull also be set, He stated t-it the Staff reprrt has that :ate set as October 31 and that Commissioner Srer-.mka may want to change -hat date in his motion, keeping in mind that the Planning Commission Minutes -11 -xN October 8, 1980 • +I 1 �l1 C applicant may want to appeal this decision to the City Council Commissioner Sceranka stated that he did not feel a delay would accomplish anything. • Mr. Hogan suggested that since the Moffatt's may wish to appeal, that perhaps November 7 should be set for the date of removal. Commissioner Sceranka amended. his motion to allow November 7 to be set as the date for removal of the sign. AYES: COMMISSIONERS: SCERANKA, TOLSTOY, DAHL NOES: COMMISSIONERS: KING ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: HEMPEL The City Attorney apprised the Moffatts of the appeal procedure and indicated that a letter to staff would start the procedure. Comissioner Bempel returned to the table City Pi ner, Barry Hogan, reported to the Commission on the current projects and to projects that the Planning Department is currently and forecasted • to work on. He reviewed the ongoing projects where no firm date for complet4,on is set, the g. uth management items and those items that are intermittent in scone such as t:. Community Development Block Grant, Housing Assistance Plan and the Industrial ssessment District. Mr. Hogan also provide the Commission with the history of the various consul- tants who have worked on, he General Plan and advised the Commission of the proposed schedu?e for comp tion in January of 1981. Chairman Dahl asked about the hedule that was set by the Commission at the Cal Poly workshop in early Septe er. Mr. Hogan stated that he had includic those items in this report. Mr. Hogan provided a timetable for comp Lion of the Industrial Specific Plan in December. He statred that it is hope hat the City will become an entitle- ment city in July of 1981 and the City wow.. be entering into a Housing Assist- ance Plan. It was hoped, he stated, that a �. sing Coordinator will be hired and coordinate these areas. Paul Rougeau provided the Commission with informat n on the Industrial Assess- ment Distr.at, stating that public hearings are sche wed to begin at the end of November. Cep ^issicner To istoy stated that he could like to see some ing done on the street naccs. Further, that if the Historical Committee we like to have • som^ assistance in that regard, he would be willing to work w, them. Mr. Ragan provided a schedule for the Victoria Plan and stated thaNit was contingent on the time involved for City Council action. Planning Commis4on Minutes 12 October 8, 1980 41 • lJ CITY OF RANCHO CUCAMONGA C,�( MEMORANDUM F,11 ry[Ei9[14!=I'L'ai2p3i415 G dctober 29, 1980 TO: Planning Division FROM: Building Official C{ ^J/y /'��`�''r/ SUBJECT: Sign - Red Hill Cafe 8111 Foothill This memo is in response to your request for opinion regarding permanency and valuation of a 4 foot by 8 foot unlighted double -faced "reader- board" type sign located at the subject address. The sign is supported on two 2 inch x 2 inch angle -iron frames which are attached, in turn, to two concrete parking lot bumpers. The sign is mounted on the frames approximately 4 feet above the ground level making an overall height of the sign approximately 8 feet. Regarding the question of permanency, the sign is definitely not a permanent sign since it can be moved readily across the ground, as evidenced by my own efforts during a visit to the site with City Planner Barry Hogan in mid - October. The sign structure is not attached to the ground in any way and is only prevented from moving by the weight of the concrete parking bumpers that rest on the ground. In order to establish a valuation for the sign, two independent sign contractors were contacted with a description of the sign and its mounting method. Both of the contractors stated that the sign would have a current optimum new cost of $600 and that it would be completely depreciated after seven years (based on statement made by the appellant that the sign was seven years old.) As a result of my personal inspection of the sign and consultation with qualified sign contractors, it is my considered opinion that the current sign value does not exceed $250. ISO _ Jr• .. Y} J. .Y� � r. i Pei- C".' 4lj y,, � ;f�.y • �„ mil. I, ].T,rr t • i+��, x�'•'P', r� - _ . N '.'k'� R , •+rn.lf .yd2'it�ilr r�^F, • I. �, :C� \{�7`L'�!+'�. + may, }..t +� r-. a .' �i 3'✓ I _ 1 ,:: i) �•;�. � `•'3i .,.• (�yr'J` >"`0'dX ri•i �'- to '� 1. ° r '; Y '" + t # •71.y.Y,r r. �t"'{yS,w.h� F:rI .,.• nnPp��, gg.��j hf1�'r t'V3• /� "". + r '� <r fit, f I �!.•71Y.- •u /,j0:ry'+r��rK`i.{ ✓�}( `%tc�3, fltiM, r�pf.�r frr'�'� r]Giiiaw!r IY'�- :111+r�`7W(l. Rr-, "Y;�y�,�J.•'..�yY�il iii .ti + r ♦ + iii., ~' M por hU OR fl ?i'',�X�•'u• �': . a� ry +', t • � . i I� �V ir"'A• f, .��• •..,�. .r�J..J t:�.3�• •a ay�� •r •'i+ qn` (i 4L1 , i' ����' • /i''�T�II J • CITY OF RANCH0 CCGArv1O \'CA STAFF REPORT DATE: October 8, 1980 "IL. TO: Planning Commission FROM: Jack Lam, Director of Community Development BY: Barry K. Hoge.n, City Planner SUBJECT: DETERMINATION OF STATUS OF SIGN STRUCTURE LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL AND GROVE AND RED HILL COFFEE SHOP. ABSTRACT: As the Planning Commission will recall, the Sign Ordinance for the City of Rancho Cucamonga was adopted April 4, 1979 and became effective thirty -one days later (May 4, 1979). Since the effective date of the Sign Ordinance staff has been working with the various businesses throughout the City to seek conformance. Under Section 4.1 - Prohibited Signs, portable signs except where permitted by the Sign Ordinance are prohibited in all zones. To our knowledge there are only two portable signs left to be abated within the City of Rancho Cucamonga. This sign is one. Attached please find letter from Red Hill Coffee Shop dated September 29, 1980. In the letter, Mr. and Mrs. James Moffitt expressed their belief that their sign should be allowed for five (5) years as per the Sign Ordinance and this letter also states, the sign has been bolted in cement for approximately seven (7) years. The City Planner and the Building Official, on September 30, 1980 field inspected the sign. It is, in fact, true that the sign is bolted in cement, i.e. cement bumper stops which are not fixed to the ground. It is clear under the definition of portable signs, Section 1.2 of the Ordinance No. 27, "a sign not designed to be permanently attached to a structure or to the ground ", that this is clearly a portable sign. However, if the Planning Commission finds that this sign is a permanent structure as the applicant contends, then it would have to be classified as an "advertising structure ", which is defined in Section 1.2(1). "An advertising structure is an on -site or off -site structure of any kind or character other than the main business indentification signs errected or maintained for outdoor advertising purposes upon which any poster, bill printing, painting or other advertisement of any kind whatsoever may be placed, including Statuary for advertising purposes." I5?,? S Ld October 8, 1980 Page 2 If the Planning Commission finds that the structure is a permanent sign, • and classfy it as an advertising structure it then comes under the requirements of Article 7, Section 7.2 — Non Conforming Signs and would be amortized under the requirements of the amortization schedule. The Building Official has valued the sign at less then $250. Based upon the valuation schedule in the Sign Ordinance the structure would have to be removed 180 days from the effective date of the Sign Ordinance (May 4, 1979). In order to give the Planning Commission an idea of how long the abatement procedure has been in the works for this particular sign we have attached letters dating back from August 1, 1979 asking for compliance with the Sign Ordinance. After the August 30, 1979 letter the City Planner made an on -site inspection and met with Mrs. Moffitt to discuss the abatement of the sign. It was agreed at that time that the City would seek compliance to the Sign Ordinance for all other signs and come back to the Moffitt's situation at the time of abatement of all the temporary and portable signs within the City. On July 1, 1980 we sent another letter to Mr. and Mrs. Moffitt notifying them that their sign must be removed. Shortly thereafter the City Planner met with Mr. Moffitt and discussed the situation. It was agreed that Mr. Moffitt would submitt a letter to the City within the week requesting determinations of the Planning Commission as to whether or not their sign should be removed. That letter came in approximately two months later. RECOMMENDATION: It is recommended that the Planning Commission direct • the applicant to remove the portable sign from the City by no later than October 31, 1980. Respectfully submitted, 1.11�.ti1../1 1 111 A JACK LAM, Director of Community Development JL;kp • /<;� 3 • City of RANCIAO CUCANJONGA August 30, 1979 Red Hill Coffee Shop 8111 Foothill Boulevard Rancho Cucamonga, CA 91733 Attention: Mr. Moffait Dear Mr. Moffait: This letter is in reference to the temporary sign currently being displayed on the southeast corner of Foothill and Grove. A couple of weeks ago I spoke with you regarding the legality of this sign. Since that time, I have checked both the County and City records, but have been unable to locate an approved sign application. Therefore, the City is going to require its removal because of the following reasons: 1) No approved sign application on file with either the County or City, 2) Sign is not permitted under current Sign Ordinance, and 3) Sign is currently displayed in the public right -of -way. Violation of Sign Ordinance Section 5.4. A final inspection will be conducted un or ak,out 7 SepLrmher 1970 to ensure compliance. If the sign in question i.s still being disp Layed at that time, the City will have no choice but to refer this matter to the City Attorney for legal actiun. If you have any questions regarding this letter, please contact me at 989 -1651. Sincerely yours, CO : ::7R{ITY DEVELOP: ENt' DERV�ittLllr rva:um, Drilscal Gary Richards Coda Lnforcement Officer rl;R: cc ley �1• • li'1 (,It\, of R-1NC1.10 • 016NIONGA August 1, 1979 Robert G. Deates C/0 Red Hill Coffee Shop 8111 Foothill Boulevard Rancho Cucamonga, CA 91730 Dear Mr. Deates; During a routine inspection of the Commercial establishments within the City Of Rancho Cucamonga, the following violation was noted regarding your business located at 8111 Foothill Boulevard. t The displaying of a portable sign (southeast corner of Foothill Boulevard and Grove) is a violation of Section 4.1 of the Rancho Cucamonga Sign Ordinance. Port Yale signs are prohibited within all zones of the City. Therefore, the City requires that the portable sign be removed. A second inspection will be conducted an or about 13 August 1919 to ensure compliance. If you have any questions regarding this letter, please contact me at 989 -1851. Sincerely yours, COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Gary .!. Richar� Code Enforcement Officer G;IR:cc 55 n U C ltv cat* R\NC110 July 1,1890 CUCAMONGA Red Will Cafe Mr. 8 Mrs. Moffett Foothill Boulevard Rancho Cucamonga, Calif. 91730 Subj: Temporary Sign Structure located on the southeast corner of Foothill and Grove Dear Mr. 8 Mrs. Moffett: Approximately 8 months ago we talked about the removal of the temporary sign located at,the above referenced site. At that time it was your desire to • keep the sign for as long as you could. We said we would consider your request,an.d try-to work with you on the removal of the sign. Additionally, we believe that the previous Chairman of the Planning Commission; Herman Rempel, also talked with you on the removal of the sign within a 6 month period. It has now been over 8 months since we last conversed, and the sign still remains. What has happened in the insueing months is t!at the City has soughtand succeeded in removal of all temperar signs within the corporate boundaries of the City of Rancho Cucamonga - except for your sign. We realize the benefit that you feel the sign has to the community and to your business, however, for the City to be fair in its dispensation of enforcement of the Sign Ordinance, we must respectively request that your sign be removed by no later than July 31, 1980. Your earliest attention to this matter would be appreciated. Should you have any questions or desire to discuss this situ- ation further, please do not hesitate to contact this office. • Very truly yours, COt ^I1H111TY DEVELOPMENT 0EPARTMEWT PL AO 71ilG 0P115IOR i iCy dniter BY.H:cd cc: Herman Rempel, Lauren Wassermaa/pnC(G/Gaa�ry Richards HO%r UI'f1f F RUC xn; . R%\( 1111 f'l l',t`tftl�l.� ( \111'nuv1 l 91 ;90 . 711 114n.la',I - F, 0 L9 CITY OF RANCNO CUCAMONGA COMMUNITY DEVELOPMENT DEPT, SEP 20 1900 AM PM 71819110111112111213141516 ! September 29,1980 City of Rancho Cucamonga Barry Hogan 9120 Baseline Alta Loma, CA 91701 Dear Mr. Hogan: Subject: Supposedly Temporary Sign Structure southeast corner of Foothill and Grove In answer to your letter dated July 1, 1980 concerning our supposedly temporary sign. This sign has been in its present position, bolted in cement Into the ground for approximately the last seven years. At the City Council meeting concerning Sign Ordinance we were then and still are for the sign ordiance. At that same meeting we were told that a Grand Father clause would also be given to those people that already had existing signs, all these signs would have a 5 year moratorium, which we are also in • agreement with. The council showed slides of the different signs in our city and at that time they showed a slide of our sign, they then stated that these were the signs that would have to be removed or replaced after 5 years, in accordance with the new sign ordinance. Since that time we have been harassed by the city to remove our sign, they are claiming that our sign is a temporary sign. We continue to maintain our sign is not movable. According to the dictionary permanent means, "continuing in the same state without essential change ;enduring durable or fixed ". Which I repeat, this sign has been bolted into the cement for approx. (7) seven years. All we ask is that the City live up to their word as expressed at the City Councils Sign Ordinance meeting, and let our sign live out the remaining Grand Father clause that the city council itself instituted. Very truly yours, RED HILL COFFEE SHOP 8111 Foothill Blvd, Rancho Cucamonga, CA 91770 Mr + Mrs mes MofEu C[ • OWNERS cc; Phil Svhlussor, Herman Rempel, Lauren Wasserman, Cary Richards 197 V I L\ U 1 R \NCI -lo • October 2, 1980 CUCAMONGA. Red Hill Coffee Shop Mr. and Mrs. Moffitt 8111 Foothill Blvd. Rancho Cuamonga, California 91730 Dear Mr. and Mrs. Moffitt: Thank you for your letter of September 29, 1980. We have scheduled the determination on your request for the Planning Commission Meeting of October 8, 1960 at 7 p.m, at the Lion Community Building located on Base Line Road adjacent to the Rancho Cucamonga Branch Library. A copy of the Staff Report will be sent to you approximately three days prior to the meeting. We regret that you feel the City has harassed in seeking compliance with the Sign Ordinance. We have been very patient in working with you to accommodate your desires and feel we understand your position. We, • hownver, do not believe that it is harassment when we take the time and effort to meet with you and your, husband on two occassions and then wait two months to receive a letter that was promised us within two weeks. Please understand that we. are charged with the duty of enforcing the Sign Ordinance and try to do such in an efficient and courteous manner. We apologize for any harassment that you feel may have been directed to you. Should you have any questions or for any reason are unable to attend the Wednesday night meeting, please do not hesitate to contact myself or Michael Vairin, Senior Planner of this office. Very truly yours, COPT)ZIT'! DEVELOPMENT DEPARTMENT PLjtlil l;IG DI 1 ^I Ear ry �:, Hogan �Cit�,Flanner`i GKH:kp CC. Phillip Schlosser, Horoan P.nntpel Lauren 'Wassern•an flary Rlchlyds Mlch'iel Vairin POSY OFFICE DOS 807, RANCHO CUCAMONGA. CALIFORNIA 91730 • I7141 9891851 " r/ C JONES AND PITfULLO no. .non conci �o •mono . n a.00n�n October 14, 1980 •esr erncc eox eye .o, no, sccone wcnoc UPLAND. CALIOKNIA 91780 •ucrnonc n.- a.eama W fi city or aAticHO ADMINISTRA TIO;IPiCA.. G;T 14 1984 Mr. Lauren Wasserman AM p�{ City Clerk TiBt81llltlaetl)et314H5t6(' �k'-Q 9320 Baseline Road , P.O. Box 807 Rancho Cucamonga, Cucamonga, CA 91730(, Re: Appeal of Mr. and Mrs. James Moffatt from Planning Commission Decision concerning sign at Red Hill Coffee Shop l.f�ny Dear Mr. Wasserman: On behalf of Mr. and Mrs. James Moffatt, owners of the Red Hill Coffee Shop, we hereby appeal to the City Council, the action of the Planning Commission last week voting for the removal of a free standing sign in front of their place of business on Foothill Boulevard, Rancho Cucamonga. The grounds for this appeal is that the existing City Sign Ordinance provides • for a five year amortization period affecting the subject sign. Moreover, there are procedural irregularities in that the Moffatts were never given a copy of the staff report prior to the Planning Commission Hearing nor was there any substantiation of the building department estimate of value of $250.00. Additionallv, the Moffatts'sign was expressly used as an exemplar of a sign in the five year amortization catagory by city officials. They have relied upon these representations of the city and seek equal treatment with other business with similar free standing signs. Please contact the undersigned concerning the meeting agenda on which this matter will be heard before the City Council. Also, please forward to me a staff report on this matter as soon as one is available. Thank you for your courtesy and cooperation handling this appeal. Should my office hear nothing back from you., office within forty -eight (48) hours, we shall assume that this appeal was effectively taken. Very truly yours, TRACT' LOP; \IAN TIBBALS OF •IONI:S AND PITTULLO • A I'ro G:ssional Corporation TLT:jb cc: ;Mr. and Mrs. James Moffatt Edward A. Hopson, Esquire .1�� 4 C c Cite of R ANCHO October 24, 1980 CUCAMONGA Ms. Tracy Lowman Tibbals Jones and Pittullo P. 0. Box 638 Upland, California 91786 RE: Appeal of Planning Commission Decision - Mr, and Mrs. James Moffatt Dear Ms. Tibbals: A check in the amount of $100 has been received by the City of Rancho Cucamonga for an appeal to a Planning Commission decision by Mr. and Mrs. James Moffatt. This appeal will be heard by the City Council at their meeting of November 5, 1980. The City Council meeting will begin at 7:00 p.m, in the Forum at the Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga. If there are any questions relative to this, please let me hear from you, Sincerely, CV=NITY CE PL`'jllil l;iG D 'J Barry K 401 g F ity Planner B6: jk DEPARTMENT cc: Mr. and Mrs. James Moffatt 1 7u POST OFFICE BOA 807. RANCHO CUCANIONGA. CAIAFORNIA 91730 • I7141 9894851 LI.w OI I C. JONES AND PITTULLO .. +e.0 so. +. L•w co +•o + +..o+ 0. oTHr nn,LLo w nTUL no. e �O�+D • s10c +VM RTla. cr iO w,•.,. Tls�•LS November 3, 1980 The Honorable Mayor and City Council 9320 Baseline Road, P.O. Box 807 Rancho Cucamonga, CA 91730 Attention: Lauren Wasserman, City Clerk Re: Appeal of Mr. and Mrs. .lames Mof f att, Red Hill Coffee Shop Dear Mayor Schlosser: On behalf of our clients, Mr. and Mrs. .lames Moffatt, we respectfully request that the action of the Planning Commission requiring removal of the sign in front of their business premises, the Red Hill Coffee Shop, 8111 Foothill Boulevard, Rancho Cucamonaa, California, be reversed. • The Moffatts had ample reason to rely upon the fact that the city would not require removal of the sign until conclusion of the five year amortization period. This is based on express representations of city staff during hearings prior to enactment of ::he current sign ordinance. we do not contend that the city of Rancho Cucamonga is without the power to enact such an ordinance requiring a phased abatement of signs. This precise question was recently answered once again in the California Supreme Court case, Metromdia, Inc. vs. City of San Dieqo (1960) 26 Cal 3d 848. The e court at page 858 of the decision clearly sanctioned the exercise of municipal authority over signs. Although Metromedia referred to off - sight bill boards, the rationale,we would concede, applies equally to signs such as the one in front of the Red Hill Coffee Shop. Additionally, we do not contend that the city is without the power to abate a sign. Reasonable amortization periods cocanensurate with the investment involved are legal in California. Metromedia at 882 -834. n f ( I • nos. orncc ao. me +o• eo. seco�.e .re.�e UPI NU. CALIFORNIA 937EG IILCnn... 11 p- 9•e.ee1L Re: Appeal of Mr. and Mrs. .lames Mof f att, Red Hill Coffee Shop Dear Mayor Schlosser: On behalf of our clients, Mr. and Mrs. .lames Moffatt, we respectfully request that the action of the Planning Commission requiring removal of the sign in front of their business premises, the Red Hill Coffee Shop, 8111 Foothill Boulevard, Rancho Cucamonaa, California, be reversed. • The Moffatts had ample reason to rely upon the fact that the city would not require removal of the sign until conclusion of the five year amortization period. This is based on express representations of city staff during hearings prior to enactment of ::he current sign ordinance. we do not contend that the city of Rancho Cucamonga is without the power to enact such an ordinance requiring a phased abatement of signs. This precise question was recently answered once again in the California Supreme Court case, Metromdia, Inc. vs. City of San Dieqo (1960) 26 Cal 3d 848. The e court at page 858 of the decision clearly sanctioned the exercise of municipal authority over signs. Although Metromedia referred to off - sight bill boards, the rationale,we would concede, applies equally to signs such as the one in front of the Red Hill Coffee Shop. Additionally, we do not contend that the city is without the power to abate a sign. Reasonable amortization periods cocanensurate with the investment involved are legal in California. Metromedia at 882 -834. n f ( I Re: Appeal of Mr. and Mrs. James Moffatt, Red Hill Coffee Shop November 3, 1990 Page Two • The legal standard for amortizations, however, depends upon the reasonableness of its application and terms. The action of the Planning Commission is per se invalid for the reason that even the procedure set forth in the Rancho Cucamonga ordinance was not followed. On this issue alone we would ask a remand for further determination of value consistent with the terms of the ordinance reserving to the Moffatt$ the right to challenge the legal sufficiency of that procedure. Also, we should like to make a formal protest concerning the $100.00 appeal fee assessed on the Moffatts. This was my first instance in handling an appeal to the City Council that such a fee was charged. We object to this discriminatory enforcement of the law and ask on the basis of fundamental fairness and equal treatment under the law that the Moffatts have their $100.00 refunded to them forthwith. • We hope the council does not loose sight of the economic value the Red Hill Coffee Shop offers to the community. The fact that before you is a petition signed by numerous residents of this city as well as surrounding communities is testimony to the fact that the sign is a tremendous business draw. The resulting benefit to the city in terms of sales tax revenues need not be emphasised much less the obvious ripple effect on other Rancho Cucamonga businesses who would not otherwise have the customers but `_cr the fact they steppod at the Red Hill Coffee Shop coming through the city. Even if it is determined by the time this matter comes before you that all or a portion of the subject sign is in the California Department of Transportation right of way, I urge you to delay any further determination until that agency can be contacted about maintaining the status quo. The City Council should be mindful of the fact that the Moffatts are but one of many tenants and property owners along Foothill Boulevard who will be similarly affected. The Moffatts are paying rent for the entire premises they occupy including the corner of the lot where the sign is located. Not only is there a possibility that the city is preempted from regulating the use of the state's right of way, but the proposed means of regulation would again interrupt with the Moffatts'reasonable expectation for use of their property that they are paying for. May I ask you to consider carefully the Moffatts'plight. They were operating under an understanding that the city would permit the use of their sign that was purchased with the business for a specified period of time. Moreover, their investment and commercial value received from that sign is in exc ss of fifteen times the original city estimate of value makin,i it manifestly unfair to abate any sooner than the five year period. Lastly, we should like the city to consider at the very least a delay in deciding the issue before it on this appeal until l�� The Honorable Mayor and City Council Re: Appeal of Mr. and Mrs. James Moffatt, Red Rill Coffee Shop November 3, 1980 Page Three • definitive response from the California Department of Transportation can be obtained as to a possible separate arrangement with that agency. I thank you in advance for your careful consideration of this matter. Very truly yours, JONES, GOMEZ, VAN STOCKUM S TIBBALS A Professional L w Corporation TRACY LOW IRBPS.S TLT:jb cc: MrJ and Mrs. James Moffatt Robert E. Dougherty, Esquire • • 1 � /3 L.W O1I1Czs JONES AND PITfULLO ,o+cz n. T—OTHY PJTTULLO N cOw[x n eiOCwVN iP.Gi oO wN.N ire e..e November 5, 1980 The Honorable Mayor and City Council 9320 easeiine Road, P.O. Box 807 Rancho Cucamonga, CA 91730 Attention: Lauren Wasserman, City Clerk •o zr orncc vo. eae .o. No. sec oNO .v[wu UPLAND. CALIFORNIA 9178G rew nwoNC a.. v.e -ee.v Re: Appeal of Mr. and Mrs. James Moffatt, Red Hill Coffee Shop Dear Mayor Schlosser: By means of this letter may I add one final point to our position in behalf of Mr. and Mrs. James Moffatt, your Appellants. The State Legislature late in the past session enacted Business • and Professions Code S 5412.5 that may have a bearing in the matter before you. As we have not had an ample opportunity to discuss the matter with the California Department of Transpor- tation or other entities involved, I am not representing that this section is dispositive of the instant appeal. We would urge, however that the council forebear from any decision pending further exploration Of the effect of the statue both by the appellants' counsel and the City Attorney. 0 The new statute applies to all signs lawfully erected in compliance with local regulations before November 6, 1978. The Moffatts' sign is in this category. Business and Professions Code 4 5412.5 goes on to state that the city may not move to abate the signs until at least January 1, 1982 whether or not the signs have been nonconforming or whether they have been provided an amortization period by local ordinance. The only exceaptions provided for in this act are signs erected pursuant to a written agreement with the munici- palit7 providing for a removal of the sign after a fixed period of time. This exception does not apply in the Moffatts' situation. This new Business and Professions Code section is an amendment 174 The Honorable Mayor and City Council Re: Appeal of Mr. and Mrs. James Moffatt, Red Hill Coffee Shop November 5, 1980 Page Two to the state Outdoor Advertising Act, Business and Professions Code 5 5200 et seq. Until such time of the significance of this amendment can be fully determined, I ask the council to delay further deliberations on the measure before you. Very truly yours, JONES, GOMEZ, VAN STOCKUM 6 TIBBALS A Professional Corporation TRACY - N TIBB TRACY L MAN TIBBALS TLT I cc: Mr. and Mrs. James Moffatt Robert nougherty, Esq. `J 1� 7 D r•„xwr roc o w nVLIl1 ('1 Y'.f n,111 \L`.f STAFF REPORT DATE: December 3, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Ontario Ground Access Study I'm please to announce that on November 21, the Ontario Ground Access Steering Committee voted to increase the study area and to include Rancho Cucamonga as a member on the Steering Committee. As a par*_ of this action, a $20,000 increase in contract services was identified to complete the study. The L. A. Airport Department volunteered to assume $5,000 of this cost with the remaining $15,000 to be born by the local agencies. The proposed cost split would be between Rancho Cucamonga, Ontario, SANBAG and possibly Upland. To date, no substantive talks have been completed concerning the precise dollar split between the agencies, however, it appears that the largest share of the planning effort will be funded by SANBAG. Funds are available in the City budget to cover this type of special circulation study. Further details may be available at the Council meeting on December 3 Respectfully submitted, LBH: j as E TO: Members of the City Council and Planning Commission FROM: The Etiwanda, Alta Loma and Cucamonga Advisory Commissioners Gentlemen: We respectfully request that the public hearings on the Victoria Planned Community be suspended until after the City's General Plan is adopted. Furthermore, we also request that review of any other residential planned community be suspended until the completion of the General Plan. We feel this is vital to the future of the community for the following reasons: 1. Holding hearings on a planning project of this scale when the master plan is not yet approved seems to be putting the cart before the horse. 2. If the attention of the Community, the Planning Commission, and the Council is on both of these projects it seems that neither will get adequate attention. 3. With so much going on in the co:nmunit.y, we do not feel • there will be adequate time to get the proper input from the community on either the master plan or the Victoria Plan. We feel that more tree shcc'd be devoted to the General Plan before consideri•ig d_tailed planning projects. One of the reasons for incorporation was to allow the community to have a greater voice in planning the City. We feel that if these hearings continue simultaneously, it would be in contrast with what the people of the tri- communities said they wanted when they chose you to be their councilmen. For the above reasons, we strongly urge you to suspend hearings on the Victoria Plan and any other residential planned community. T" arles J. Buqu t, 1, , Chairman Citizens Advisory Committee n LJ 1�� 0 • Is MEMORANDUM �� °y N November 26, 1980 = F 1977 TO: Lauren Wasserman, City Manager Members of the City Council FROM: Jim Robinson Assistant City Manager SUBJECT: Advisory Commission Recommendation Regarding Victoria Planned Community At its meeting of November 20, the Citizens' Advisory Commission received the attached letter prepared by the Etiwanda Citizens' Subcommittee. The letter is addressed to the City Council and the Planning Commission and requests that the public hearings on the Lyon Planned Community be suspended until after the City's General Plan is adopted. The letter was adopted unanimously by all members present at the Citizens' Advisory Commission meeting. Commission member Chuck Buquet submitted the recommendation to suspend hearings on the Victoria Planned Community at the November 24, 1980 Planning Commission meeting. After considerable discussion by the Planning Commission, representatives of the William Lyon Company and staff; the Planning Commission on a 3 -1 vote recommended postponing hearings on the Lyon Planned Community until January 1981. At that time the Planned Community would be reviewed on a month -to -month basis with re- review after all topics have been heard with special emphasis given to land use. The Planning Commission also recommends that the Lyon Planned Community review schedule return to normal after the Planning Commission recommends adoption of the General Plan to the City Council. Mr. Don Baer of the Etiwanda Subcommittee will present the request to the City Council for postponement of the Lyon Planning Community public hearings at our regularly scheduled meeting of December 3, 1980. JR:ba attach. )�7 • • 1 M1V1 11 A II 111 I V"1 .V 1\ STAFF REPORT DATE: December 3, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Approval to Negotiate for Engineering Consulting Services Due to the Engineering Division's inability to complete its approved staffing requirements, it has become necessary to seek additional consulting services for specific work require- ment. The Staff would therefore request authorization to negotiate time and materials contracts with the following firms to perform the described work. 1. EDA Grant application preparation and coordination - L. D. King Engineering. Estimated budget $5,000. 2. Victoria and Terra Vista Drainage Analysis review - L.D. King Engineering. Estimated budget $5,000. 3. Detailed Circulation Planning and Design review for General Plan, Victoria, Terra Vista, Industrial Specific Plan - DKS Associates. Estimated Budget $10,000. 4. Minor roadway design services for Grove Avenue, Vineyard Avenue, The Demens Creek Bridge, and others - Associated Engineers. Estimated budget $15,000. Funds for the additional work would be allocated from project budgets and budget items for special studies and miscellaneous design and planning studies under storm drain project proposals. RECOMMENDATION: It is recommended that the City Council authorize Staff to negotiate time and materials contracts for design services as described above. Respectfully submitted, /L I PROPOSED CAPITAL IMPROVEMENTS PROGRAM • REVENUE Gas Tax (2106,2107) SB325 (TOA) Systems Development (includes carryover) Road Maintenance Budget Total Road Fund Available Total Storm Drain Funds Available (includes carryover) PROPOSED ROAD PROJECT EXPENDITURES 1. Special Studies ✓ - Grade separation applications for Haven and • Milliken Avenues �- Grove Railroad Crossing va ✓ - Seventh Street Ramp - Miscellaneous Circulation Studies ✓ 2. Cucamonga /Deer Creek Bridges v 3. Carnelian Street Realignment Church Street to San Bernardino Rd. ✓ 4. Fourth Street and Archibald Ave. Signals (Cooperative project with Ontario) ✓ 5. Grove Ave. - 8th St. to Foothill Blvd. Minor widening and striping ✓ 6, Base Line - Cambridge to Haven Design for alignment,widening, reconstruction, resurfacing ✓ 7. Vineyard Avenue - 8th Street to Arrow Design and Right of Way Acquisition ' �Od -'r Total $ 474,187 514,382 450,000 $1,438,569 - 581,323 857,246 $560,000 $ 25,000 $100,000 $250,000 $ 40,000 $ 40,000 $ 40,000 $ 40,000 J Base Lin,- L8. Roadway Reconstruction Federal Aid Urban Church St. - Ramona to Archibald 50,000 Highland Ave. - Hermosa to Haven 50,000 Federal Aid Urban 100,000 �. Resurfacing Projects Archibald ''Carnelian St. - Highland to Banyon $120,000 -'Alta Cuesta - Red Hill to Camino Norte 40,000 — ,,Lemon Ave. -Hermosa to Haven 20,000 ✓ Hellman Ave. - Monte Vista to Base Line 40,000 Church to Foothill 20,000 *Archibald Ave. - 4th to Base Line 150,000 i10 Vineyard at Foothill Signal Modification 5,000 City of Montclair Fund Transfer 126,000 TOTAL PROJECT PROGRAM $1,196,000 *Indicates Balance /Contingency Projects SPECIAL PROJECT FUNDS ✓1. Base Lin,- Reconstruction Federal Aid Urban $230,000 �'2. Base�Line 0 ilellman Signals Federal Aid Urban $110,000 • • — Archibald @ Church St. Signals Federal Aid Urban �3. North To',:n Street improvement HUD. CDBG Fends $351,000 PT5, 000 STORM ORA IN PROJECT PROPOSAL / 1. Carnelian Storm Drain $500,000 2. Misc. Design and Planning _S_tu_d_ies1 $ 60,000 560,000 BEAUTIFICATION FUNDS *l. Carnelian Street IIIIPrOVement Project $600,000 phased construction 'This itc--i is a cdrr; q;. +r frc-. :he vun =nt included in the program s!ihmitted to the Planning Commission. r • 4OJ .) J. December 3, 1980 R•.issell R. Shimahara Q754 Placer Street Rancho Cucamonga, California 91730 Re: Zone Change M-20-- Vann ar_d I!o'ies Dear Mr. Shimahara: Cit\- of R-kNC110' CUCAMONGA !hank you for your letter of November 19, 1990. Your letter was submitted as part of the record on Zone Change 80 -20 at the City Cnuncil. The zoning which the property in question enjoys, is R -R which permits single. family residential homes similar to those which You occupy. Because of marketing concerns, the developer is requesting a zone change from R -R to R -1. Your concern with the use of a single access to the proposed tract was raised at the Growth Managemert Committee by the Foothill Fire Protection District. We are currently working to provide an additional secondary means of access for emergency vehicles onlv. Placer Street would serve as the only entrance and exit to your subdivision and the pro nosed subdivision. However, an emergency access as stated earlier would be required as part of this development should Placer Street be blocked for any reason. for your information I have enclosed copies of the P. -R and R -1 zones as they exist for the City of Rancho Cucamonga. Both of these zones were adopted by Ordinance 110. 17 and were actually a part of the San Bernardino County Development Code. l.ith regard to your .Qncern over trie corrsideratinn of a ti ve Declaration for this property at the zone change level, since the change in zone is only a change in des ignation and not any particular use, the zone change itself, would riot have a significant impact on the environment. However, with regard to any development on the prnper't,y, consideration Of a Negative Declaration would not he made unless assurances were given by the Foothill Fire Protection District the Citv Fnnt neer and ethers trot th,: n,e vr: r,, -en' f the Pi epe r+y :culd n,t 1 :i gni`i oval affect on the environment. POST OFFICE BOX 597, RAN( 110 I'I'r,1 J10 S G ;t, fdt,lPfrR%',A 91 ;9n 171 4) 99 78.51 d is d December 3, 1980 Page 2 Thank you for your letter. We hope that we have answered your concerns. However, if you should have any further questions, please do not hesitate to contact this office. Very /truly ypy rs, 'Barry )C. Hogan' City, Planner BKH:kp cc. City Clerk Enclosure lbs Loren Wasserman City ganger Frogs A. Douglas Wilson 7074 Bamona Avenue Alfa Lose Res Zone Change go. 80 -19 - Diversified As owner and operator of a seven acre citrus grove north of the property under consideration and parallel to the Southern Pacific tracks and facing the east side of Archibald Avenw, I strongly object to the proposal of R -j (multiple fasdly residential) use for the 16 urea on the northeast corner of Baseline and Archibald. A tight concentration of ,people on this land can only produce more of an existing problem$ traffic congestion, pollution (sight, sound and odor), a site for crime and ovor burdeniag all facilitdee -- including schools, fire and polio*. As for myself there in more than enough to contend with as it is now$ pollution, theft of fralt, general damages to property and equipment. In view of a pronounced need for a medical facility in this area, I firmly believe this property could beet be utilised for that purpose. I prey your soot serious consideration will allow our oouanity this great and needed advantage. Date 6Y 0 C B M ENTERPRISES, INC. 1146 W. NINTH ST. • UPLAND, CALIFORNIA 91786 Phone! 714 /9821081 Our company is the exclusive authorized Distributor/ Manufacturer of Commander Board products in San Bernardino/ Riverside Counties. Commander Board International has it's headquarters in St. Louis, Mo. We sell or lease Boards, with various size and or color letter sets and have been in business in Upland since 1971. We are familiar with the Commander Board owned by Red Hill Cafe, located near the corner of Foothill and Grove in Cucamonga and have done some maintenance on this board in the past. The current replacement cost of this Board, with the base, letters, installation, etc. would be approximately $1500,00 with the changeable letter set representing about 30 -35% of the total. The Boards are constructed of heavy guage aluminum extrusions, with a high quality finish. The Boards have a normal, minimum life of (10) years, with normal maintenance. We hope this information is sufficient and request that you call if anything else is needed. Cordially, 4 C.W. Emmons - Pres. CWldv 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, December 3, 1980. The meeting was called to order at 7:02 p.m. by Mayor Phillip D. Schlosser who led in the flag salute. Present: Councilmen Jon D. Mikels, Michael A. Palambo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present: City Manager, Lauren M. Wasserman; Assistant City Attorney, Robert Dougherty; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Planner, Barry Hogan; City Engineer, Lloyd Hobbs; Finance Director, Harry Empey; Community Services Director, Bill Holley. Absent: Councilman James C. Frost Approval of Minutes: It was requested that a sentence be reworded on page 7, Section 4A, sixth paragraph, line three as follows: " However, he felt that we would be remiss if we did not require a "B" type roof throughout the City due to fire problems created because of the winds." Motion: Moved by Palumbo, seconded by Bridge to approve the amended minutes of November 5, 1980. Motion carried 4 -1 -0. (Councilman Frost absent). 2. CONSENT CALENDAR. Councilman Mikels requested that item "1" be removed since there was no backup material submitted in the agenda. Item was the release of Performance Bond for slope planting for tract 9350. a. Approval of Warrants - Register No. 80 -12 -3 for $200,838.24. b. Alcoholic Beverage License for Dorothy E. Heinemann, The Cub, 8411 Foothill Boulevard -- on -sale beer and wine. C. Alcoholic Beverage License for Sun Pacific Airlines, Inc. for Bud Grossherg, Samuel P. Crowe, Weldon Gadberry, Robert Jensen, Joseph Tavaglione, Ronald Wayne Burkle, Sun Pacific Airlines, 9223 Archibald Avenue -- on -sale general. d. Forward Claim from Rodney J. Heathcock to the City Attorney for handling. e. Forward Claim from Keith Allen Baker to the City Attorney for handling. f. Authorization for the Deputy City Clerk to attend the 1981 City Clerks Institute, January 14 -16 in Sacramento, Estimated cost: $200.00. g. Reimbursement Agreement for Engineering on Industrial Assessment District: Approval of agreement to allow reimbursement of $25,000 in Assessment Engineering and Legal Counsel for Assessment District 79 -1. These funds would only be reimbursed if the district is approved and formed. h. Contract Addendum to Carnelian Street Realignment Project: Approval of extra work to cover the cost of structural design of the expansion of a box culvert required to complete the Carnelaan Street realignment. I. Vineyard Avenue Design Services: Approval of contract with C G Engineering to complete right- of -wav acquisition, railroad coordination, and design of the Vineyard Avenue FAU project. Rescind approval by contract with the City of Ontario for similar services. Page 2 j. Acceptance of Parcel Hap No. 5505: Recommend that Council accept the subject map which consists of four parcels located on the north side of Almond Street, east of Sapphire. RESOLUTION NO. 80 -108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 5505 (TENTATIVE PARCEL MAP NO. 5505). k. Approval of Parcel Mao No. 5922: Recommend that Council authorize the City Clerk and City Engineer to sign the subject map. The map consists of four parcels located at the southeast corner of 19th Street and Jasper Street. RESOLUTION N0: 80 -109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5922 (TENTATIVE PARCEL N0, 5922), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. } - -- Freel- 9350s-- }eeeled- en -lhe- wenl - a }de- ef- 6npph4re- fierce!- beMeen- Benyen -nnd } 9eh- fil reeer-- Bwnert-- 6eme- Henehe- Hemee--- Re }eex- a € - beetle: Fe }!h €n }- per€ ermenee - geed- Ee }epe -p}en! }egg--- - - - - -- $6;600 (Item was removed for lack of backup information). m. Approval of Contract for Services to Establish Computer Terminal Facilities for the Fiscal Model. n. Set December 17, 1980 for public hearing on Environmental Assessment and Planned Development No. 80 -02 -- Lesney. A change of zone request from R -1 -5 (single family residential) to P.D. (planned development) for 10 acres located on the northwest corner of Hermosa and Base Line Road, and the development of a 117 lot townhouse development consisting of 114 dwelling units. APN 202 - 182 -13. o. Set December 17, 1980 for public hearing on Environmental Assessment and Zone Change No. 80 -15 -- Landmark. A change of zone from A -1 (limited agricul- tural) to R -2 (two family residential) for 12 acres located west of Beryl, south of Mignonette. APN 202 - 032 -71. p. Set December 17, 1980 for public hearing on the Subdivision Ordinance. q. Authorization for part -time clerk typist for the Community Services Department through June 30, 1981. r. Approval of Railroad Spur Crossing: It is recommended that Council at'prove a resolution authorizing the mayor to sign petitions submitted by the Railway Company. RESOLUTION NO. 80 -110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PETITION BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO CONSTRUCT A SPUR LINE ACROSS EIGHTH STREET 2,912.5 FEET WEST OF ROCHESTER AVENUE. s. Amendment to city facility leases: It is recommended that Council renew the lease for units A, B, C -1 and C -2 for a two -year period. Councilman Frost arrived at 7:08 p.m. Motion: Moved by Bridge, seconded by Palombo to approve the Consent Calendar with the exception of item "1" which had been removed. Motion carried unanimously S -0, 3. PUBLIC HEARINGS. 3A. AN ORDINANCE ADOPTING BUILDING REGULATIONS. Jerry Grant, Building Official, presented the staff report. The Council's main concern with the ordinance was in Chapter 16, section 1603 dealing with roof coverings in high fire hazard areas. Mr. Grant explained the differences between the A, B, and C class roofings. However, Councilman Bridge said he was not satisfied with the definitions and wished to have the item continued so he could read them for himself. Mayor asked the City Clerk to read the title of Ordinance No. 122. City Clerk Wasserman read the title. M,.tion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5 -0. ORDINANCE NO. 122 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. Mayor Schlosser opened the meeting for public hearing. Addressing Council were Morris Goldberg, 2145 Las Luna, Pasadena. He explained the differences between the Class A and Class B type roofing materials. He said it was not necessary to eliminate shake type roofing in high fire hazard areas since you could put a Class C shake material on top of a Class B type base. Ken Willis, BIA, said the BIA supports the use of fire retardant type roofing materials in high fire hazard areas. He suggested that in areas where such materials are required that Council also require retrofitting. John Lyons, Foothill Fire District Board Member, said that a tile roof is very heavy on top of a burning structure. Doreen Warren questioned Section 3210. She said her home needed a new roof and they planned to do the work themselves. She questioned the necessity of having this inspected and obtaining permits since this would add to the cost. Mr. Grant explained that this had been required under the previous codes. This had not been changed. Herman Hempel, Planning Commissioner, felt that these requirements were not necessary and would simply add to the cost of the house. Ken Willis said he differed with Mr. Rempel since there was a difference of about $2000 per dwelling unit between the use of shake versus tile. Mayor Schlosser closed the public hearing since there were no further comments. Councilman Bridge said that perhaps we needed to come up with something unique for Rancho Cucamonga. Motion: Moved by Palombo, seconded by Bridge to continue this item to the January 7, 1981 meeting. Motion carried unanimously 5 -0. Mayor Schlosser called a recess at 8:15 p.m. The meeting reconvened at 8:40 p.m. with all members of the Council and staff present. Page 4 3B. INTERIM ZONING ORDINANCE AMENDMENT NO. 80 -02. Amendments to the San Bernardino County Land Use and Building regulations as adopted by Ordinance No. 17. Staff report presented by Barry Hogan. Mr. Hogan requested that the Planned Development section be referred back to the Planning Commission for reconsideration to the R -1 -1 and R- 20,000 zoning districts. Also, to add the new page 7 which had been submitted to Council prior to the meeting. Mayor requested the City Clerk to read the title of the Ordinance. City Clerk Wasserman read the title of Ordinance No. 123. 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. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5 -0. Mayor Schlosser opened the meeting for public hearing. There being no 'response, the public hearing was closed. Councilman Mikels said he had several recommendations for changes to the ordinance which were: Page 5(b) Accessory Uses Permited: (1) Guest House (bathroom plumbing only). (2) Private garage with space for maximum of 4 cars. (3) Home Occupation pursuant to Ordinance 72 of the City of Rancho Cucamonga. (4) A temporary sales office may be located in a subdivision, etc. to remain the same. Page 7(b) Accessory Uses Permitted: (1) These uses permitted pursuant to Section 61.024A(b). (c) Parking requirements: remains the same. (d) Loading Space Requirements: remains the same. (e) Height Limitations: remains the same. (f) Minimum Areas and Dimensions of Lots: remains the same. (g) Front Yard Required: remains the same. (h) Interior Side Yard Required: remains the same. (i) Rear Yard Required: remains the same. (j) Distances Required between Main Buildings: remains the sane. (k) Side Street Yard Required: remains the same. (1) Open Space Required: remains the same. Page 13 (A) The applicant shall obtain City Council approval for establishment of a Homeowners` Association prior to the selling of any lot or occupancy of any dwelling unit. Page 14 (6) (line 4 of the section) The City Council shall approve, modify, or disapprove the zone change and Development Plan. Page 22 (IV) Off -Site Parking Facilities: The City Planner may authorize not more than 10 percent of the required parking for a use to be located (rest remains the same) Page 25 (A) 12th line -- To achieve these purposes, the Planning Commission is empowered to review and evaluate the anplicable circumstances pertain- ing to each use subject to Development Review (rest remains the same). Page 26 (VI) The City Planner may require additional information or plans, necessary to enable complete analysis and evaluation of the application by the Planning Commission. The application shall be accompanied by a fee established by Resolution of the City Council. (3) Action by City Planner: (A) The City Planner shall review the application for Development Review and shall refer said application to the Planning Commission, along with recommendations and suggested conditions, if any, within 30 days of acceptance of the application for Development Review. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and mainten- ance of landscaping and erosion control measures; require- ments for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other charac- teristics 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 Planning Commission to make the findings required by Section 61.0219(n)5. (B) Delete paragraph Page 27(5IA) The Planning Commission shall make the following findings before granting approval pursuant to Development Review: (6A) The decision of the Planning Commission shall be effective 14 calendar days after the date of the decision unless an appeal has been filed with the City Council (7A) 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. (8B) A Development Review approval 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 Planning Commission. If the application is appealed to the City Council, it may be ex- tended by the City Council. Page 29 (3B) The City Planner shall make an investigation of the application and shall prepare a report thereon which shall be available to the City Council and Planning Commission and to the applicant prior to the public hearing. Page 30 (8C) The Planning Commission may grant or deny an application for renewal. If the application is appealed to the City Council, the City Council may grant or deny an application for renewal. Page 31 (11B) Line 6 -- Within two (2) working 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. No. 123 with the suggested language changes as suggested by Councilman Palombo and himself and to set second reading for January 7, 1931. Motion carried unanimously 5 -0. 3C. ZONE CHANGE REQUEST NO. 30 -18 - R.J. INVESTMENTS. Staff report presented by Barry Hogan. Assistant City Manager, Jim Robinson, read the title of Ordinance No. 125. Motion: Moved by Palombo, seconded by Bridge to waive further reading. Motion carried unanimously 5 -0. ORDINANCE NO. 125 (second 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 FOOTHILL BOULEVARD WEST OF BARER AVENUE. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Councilman Frost expressed that he could not see any way the one section zoned R -3 could be compatible with the R -1 -T and felt the zone change was not appropriate. Council also expressed concern over the traffic flow off Baker onto Foothill Boulevard. Motion: Moved by Frost to deny the zone change request. For lack of a second the motion failed. Motion: Moved by Bridge, seconded by Palombo to approve the zone change request. Motion carried by the following vote: AYES: Palombo, Bridge, and Schlosser. NOES: Frost. ABSENT: None. ABSTAINED: Mikels. Councilman Mikels expressed that he abstained since his home was in the vicinity. 3D. 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 presented 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 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 201- 181 -12, 21, AND 22. Mayor Schlosser opened the meeting for public hearing. Addressing Council was: Mr. A. Douglas Wilson, 7074 Ramona Avenue, read a letter which he had sent to Mr. Wasserman expressing his opposition to the zone change. He recommended that a medical facility be located on this particular piece of property. There being no further public comment, Mayor Schlosser closed the public hearing. B Motion: `loved by Frost, seconded by Mikels to approve the zone change and Ordinance No. 126. Motion carried unanimously 5 -0. 3E. 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. Staff report presented by Barry Hogan. Deputy City Clerk Beverly Authelet 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 (second 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. There being no response, the hearing was closed. Motion: Moved by Bridge, seconded by Palombo to approve the zone change and Ordinance No. 127. Motion carried unanimously 5 -0. 3F. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT NO. 80 -03 - Adult Businesses. An ordinance establishing regulations of the location and review of adult businesses in the C -2 general business district. Staff report presented by Mr. Wasserman. City Clerk Wasserman read title of Ordinance No. 45 -C. Motion: Moved by Palombo, seconded by Bridge to waive further reading. Motion carried unanimously 5 -0. ORDINANCE NO. 45 -C (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA.MONGA, CALIFORNIA, ESTABLISHING REGULATIONS 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, the hearing was closed, Motion: Moved by Frost, seconded by Mikels to approve Ordinance No. 45 -C. The motion carried unanimously 5 -0. 3G. ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR TRACTS NOS 9176, 9225, 9436, AND 9567. Staff report presented by Lloyd Hobbs. Mayor Schlosser opened the meeting for public comments. There being none, the public portion was closed. Motion: Moved by Mikels, seconded by Palumbo to approve Resolution No. 80 -111 and to waive entire reading. Motion carried unanimously 5 -0. City Clerk Wasserman read title of Resolution No. 80 -111. RESOLUTION NO. 80 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NUMBER 1 FOR TRACT NOS. 9176, 9225, 9435, AND 9567. 3H. APPEAL OF TREE REMOVAL PERMIT ISSUED FOR GLEN FRANKLIN. Staff report pre- sented by Lloyd Hobbs. The City had received an appeal for an approved Tree Removal Permit to remove eleven eucalyptus and palm trees located at 6730 Hellman Avenue. Mr. Hubbs said that two letters expressing opposition to the removal of the trees had been re- ceived by the City. Mayor Schlosser opened the meeting for public hearing. Dan Drake, speaking for his father -in -law who lived at 6754 Hellman Avenue, spoke in favor of having the tree removal request denied. Bob Lesondak, 6840 Hellman Avenue. spoke in favor of retaining the trees and the high curbs since the street was a water carrying street during the rainy season. There being no further comments from the audience, Mayor Schlosser closed the public portion of the meeting. Councilman Bridge expressed that it would be a crime to change Hellman Avenue now. He said that this particular variety of eucalyptus tree is clean and the way that they are planted is an asset to the city. Motion: Moved by Bridge seconded by Palombo to retain the curbs and trees on Hellman Avenue and to sustain the appeal. This is to be a precedent _ for the rest of Hellman Avenue. Also, to have a lien attached to this particular piece of property in order to protect the future interest of the property and the city. Motion carried unanimously 5 -0. Mayor Schlosser called a recess at 10:45 p.m. The meeting reconvened at 11:00 p.m. with all members of the Council and staff present. 4. CITY MANAGER'S STAFF REPORTS. 4A. APPEAL OF DECISION REGARDING THE RED HILL COFFEE SHOP SIGN. Mayor Schlosser asked Mrs. Moffatt to come forward. He asked her if she has any alternatives to suggest to the staff recommendation. She stated there was three years left on the amoritation plan. They would be willing to split the time with the city which would grant them eighteen months. After some discussion by the Council, the following motion was made: Motion: Moved by Palumbo, seconded by Mikels to allow the Moffatts eighteen months (Tune 1982) to amortize the Red Hill Coffee Shop sign. Motion passed by the following vote: AYES: Mikels, Palombo, Bridge, and Schlosser. NOES: Frost. ABSENT: None. Frost said he opposed this because he felt we should comply with our own ordinance and make this six months. 4B. ONTARIO GROUND ACCESS STUDY. Staff report presented by Lloyd Hobbs. Motion: Moved by Mikels, seconded by Palumbo to approve the allocation of $5,000 as our city's share toward the increased cost of the contract for the Ontario Ground Access Study. The amount to be allocated from the public circu- lation study fund. Motion carried unanimously 5 -0. 4C. ADVISORY COMMISSION RECOMMENDATION REGARDING THE VICTORIA PLANNED C010MNITY. Staff report presented by Jim Robinson. Mr. Vlasic, Advisory Commission Charinan for the month of December, read a letter which had been sent to the Council requesting that the public hearings on the Victoria Planned Community be suspended until after the City's General Plan was adopted. The lette- had received unanimously support by all Advisory Commissioners. Sim Banks, Etiwanda resident, suggested that the City Council become more involved in the General Plan process. He said the Commission has been hearing input from the citizens, but decisions are never made. Don Baer, Advisory Commissioner John Lyons, Foothill Fire District Board Member Gary Frye, William Lyon Company representative Ron Tannabaum, Etiwanda resident Marsha Banks, Etiwanda resident After hearing the comments from the audience, the Mayor closed the public portion of the meeting. Councilman Bridge said he favored going ahead with the planned community and the general plan at the same time since they really could not be separated. Motion: Moved by Bridge, seconded by Mikels to concur with the Planning Co®issil recommendation to postpone the hearings on the Lyon Planned Community until January 1981. At that time to have only monthly meetings until the General Plan is adopted, then to return to the normal review schedule. Motion carried unanimously 5 -0. Councilman Mikels said he wanted to see the General Plan come to the Council in February. Council concurred. 4D. APPROVAL TO NEGOTIATE FOR ENGINEERING CONSULTING SERVICES. Staff report by Lloyd Hubbs. Councilman Frost excused himself from the Council table since he had an employer involved in this discussion. Motion: Moved by Mikels, seconded by Palombo to authorize staff to negctiate time and material's contracts for design services for: 1. EDA Grant application preparation and coordination with L.D. King at an estimated budget of $5,000. 2. Victoria and Terra Vista Drainage Analysis review with L.D. King at an estimated budget of $5,000. 3. Detailed Circulation Planning and Design review for General Plan Victoria, Terra Vista, Industrial Specific Plan with DKS Associates at an estimated budget of $10,000. +. Minor roadway design services for Grove Avenue, Vineyard Avenue, the Demens Creek Bridge, and others with Associated Engineers at an estimated budget of $15,000. Motion carried by the following vote: AYES; Mikels, Palombo, Bridge, and Schlosser. .FOES: None. ABSENT: Frost. 5. CITY ATTORNEY'S REPORTS. There were none. 6. COUNCIL MATTERS. There were none. 7. ADJOURNMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn to an Executive Session, not to reconvene this evening, but to reconvene on December 11, at 7:00 p.m. for a Special Assessment District meeting at Lion's Park Community Center. The meeting adjourned at 12:35 a.m. Respectfully submitted, r Beverly Authelet Deputy City Clerk