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2013/02/20 - Agenda Packet
city of NCHO O 10500 Civic Center Drive � Rancho Cucamonga, CA 91730-3801 City Office: (909)477.2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 1st and V Wednesdays � 7:00 P.M. FEBRUARY 20, 2013 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room................. 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers........................... 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander Marc Steinorth Diane Williams CITY MANAGER John R. Gillison U CITY ATTORNEY James L. Markman • . CITY CLERK Janice C. Reynolds l � INFORMATION FOR THE PUBLIC ;llai h066CAMONGA TO ADDRESS THE FIRE BOARD,AUTHORITY BOARD AND CITY COUNCIL The Fire Board,Authority Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate,a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board,Authority Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation, you would like to display audio or visual material,please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Authority Board or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items(with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any remaining "Public Communications" which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Chair,depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" Item or on an "Administrative Hearing Item(s)," your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS-Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter,the City's Public Library(-ies)and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST-Fire Board,Authority Board and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on- demand"from their computers. The added feature of"Streaming Video On Demand"is available on the Citys website at www.cifyofrc.uslciiyhatilcouncillvideos.asp for those with Hi-bandwidth(DSUCable Modem)or Low-bandwidth (Dial-up) Internet service. The Fire Board,Authority Board and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire District Board and the Public Financing Authority Board. Copies of the agendas and minutes can be found @ www.cityofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 1 CITY COUNCIL AGENDA FEBRUARY 20, 2013 l A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE SUCCESSOR AGENCY AND CITY COUNCIL B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) �ji C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED 9901 FERON; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA, HOUSING SUCCESSOR AGENCY; AND REBECA DENNIS FOR NORTHTOWN HOUSING DEVELOPMENT CORPORATION, REGARDING PRICE AND TERMS — SUCCESSOR D2. PUBLIC EMPLOYEE PERFORMANCE ELALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) D3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B)— NUMBER OF CASES: 1 - CITY D4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — CITY OF RANCHO CUCAMONGA VS. CHARTER COMMUNICATIONS ENTERTAINMENT II, LLC, CASE NO. CIVRS1209807 — CITY D5. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7175 GREEN GLEN COURT AND IDENTIFIED AS APN 0227-012-01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, JAMES M. TAMAYO AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY.— CITY FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 2 CITY COUNCIL AGENDA FEBRUARY 20, 2013 D6. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13089 FALLING OAK DRIVE AND IDENTIFIED AS APN 0227-693-54; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, GERALD LOPEZ AND DANNELLE R. CARPIO AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY. - CITY D7. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13079 FALLING OAK DRIVE AND IDENTIFIED AS APN 0227-693-55; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, VICTOR CAMPOS AND ROSENDA PEREZ AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY.- CITY D8. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13539 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA- AND PROPERTY OWNERS, TESORO SIERRA PROPERTIES, LLC AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY. - CITY D9. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13479 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-02; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, PACIFIC/COSTANZO/LEWIS-FONTANA, A CALIFORNIA GENERAL PARTNERSHIP, AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY .- CITY FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 3 F CITY COUNCIL AGENDA FEBRUARY 20, 2013 D10. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7391 EAST AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-08; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA,- AND PROPERTY OWNERS, RICHARD P. CHADO, DARLENE L. CHADO, AND ANTHONY C. CHADO AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY.— CITY F7 E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams H. ANNOUNCEMENTS/PRESENTATIONS Di H1, Recognition of the Santa Barbara Townhome Community for joining the Rancho Cucamonga Green Business Recognition Program. H2. Proclamation for Engineers Week. H3. Proclamation declaring February, 2013 as American Heart Month. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 4 CITY COUNCIL AGENDA FEBRUARY 20, 2013 I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: February 6, 2013 (Regular Meeting) J2. Approval of Check Register dated January 30, 2013 through February 12, 2013, for the 1 total amount of$85,493.98. J3. Approve to receive and file current Investment Schedule as of January 31, 2013. 6 J4. Approval to adopt annual Statement of Investment Policy. 10 J5. Approval of various actions related to the purchase of desktop, notebook and related 25 computer equipment, integration and disposition services, and software. K. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY K1. Approval of a Resolution authorizing the executing of a modification agreement to extend 27 loan terms and authorizing subordination for the refinance of the Villa Del Norte Development. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 5 CITY COUNCIL AGENDA FEBRUARY 20, 2013 RESOLUTION NO. 13-020 32 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF MODIFICATION AGREEMENT TO EXTEND LOAN TERM AND AUTHORIZING SUBORDINATION OF INTERESTS TO DEEDS OF TRUST SECURING CONSTRUCTION AND PERMANENT LOANS FOR THE REFINANCE OF THE VILLA DEL NORTE DEVELOPMENT AND RELATED MATTERS L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY L1. Approval of Minutes: February 6, 2013 (Regular Meeting) M. CONSENT CALENDAR - CITY COUNCIL M1. Approval of Minutes: February 6, 2013(Regular Meeting) February 6, 2013(Special Meeting) M2. Approval of Check Register dated January 30, 2013 through February 12, 2013 and payroll 35 ending February 12, 2013 for the total of$2,569,720.17. M3. Approval to receive and file current Investment Schedule as of January 31, 2013. 75 M4. Approval to adopt Annual Statement of Investment Policy. gg M5. Authorization to award the purchase of one (1) one ton Compressed Natural Gas Powered 101 DRW Landscape Bed Truck from Reynolds Buick, of Covina, California, in accordance with Request for Bids ("RFB") #12/13-007 (Replacing Unit #2131) in the Amount of $47,000.00 from Acct. No. 1105208-5604 (AB2766 Air Quality Improvement); and authorize an additional appropriation in the amount of$9,689.74 from Fund 105 fund balance. M6. Accept the bids received, award and authorize the execution of a contract in the amount of 102 $134,720.00 for the removal and replacement of existing paseo lighting fixtures within LMD-4R and the removal and replacement of existing park lighting fixtures at Garcia Park, Coyote Canyon Park and Spruce Avenue Park with energy efficient lighting to the lowest responsive bidder, J. Kim Electric, Inc. of Fullerton and authorize the expenditure of a 15% contingency in the amount of $20,200.00, for the "LMD-4R and Garcia Park Lighting Retrofit' project to be funded from Account No. 1134303-5650/1716134-0 (LMD 4) and Account No. 1139303-5300/0-6963(LMD 9). M7. Approval of various actions related to the purchase of desktop, notebook and related 107 computer equipment, integration and disposition services, and software. M8. Release of Maintenance Guarantee Bond No. 12080030 in the amount of $35,314.49, for 111 the FY 2011/2012 Local Street Pavement Rehabilitation — Slurry Seal of Various Streets project, Contract No. 11-140. �Ago,W FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 6 CITY COUNCIL AGENDA FEBRUARY 20, 2013 M9. Approval of Improvement Agreement and Improvement Securities for 11570 Sixth Street for 113 the installation of a Traffic Signal and related improvements, located at the intersection of Sixth Street and Richmond Place, submitted by Amphastar Pharmaceuticals, Inc. RESOLUTION NO. 13-016 116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR 11570 SIXTH STREET FOR THE INSTALLATION OF A TRAFFIC SIGNAL M10. Summary Vacation (SUBVAC221) of 1,347 square feet of existing City right-of-way at 8393 117 Foothill Boulevard, on the south side of Foothill east of San Bernardino Road — APN 207- 571-75, related file: Foothill Boulevard improvement project #800-99-15, from Grove Avenue to Vineyard Avenue. RESOLUTION NO. 13-017 119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF 1,347 SQUARE FEET OF EXISTING CITY RIGHT-OF- WAY AT 8393 FOOTHILL BOULEVARD, ON THE SOUTH SIDE OF FOOTHILL EAST OF SAN BERNARDINO ROAD (SUBVAC221) — APN 207-571-75 M11. Approval of FY 2012/13 Midyear Supplemental Budget appropriations. 120 M12. Johnston House Purchase and Sale Agreement - DRC2013-00107 - City OF Rancho 122 Cucamonga — Consideration of a Purchase and Sale Agreement for the acquisition and relocation of the Johnston House, currently located at 6998 Etiwanda Avenue, APN: 1089- 081-20. 133 RESOLUTION NO. 13-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE JOHNSTON HOUSE AGREEMENT OF PURCHASE AND SALE DRC2013-00107, LOCATED AT 6998 ETIWANDA AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-081-20. M13. Award the purchase of Stainless Steel Cages from Shor-Line, in the Amount of $64,511, 136 funded from Account Number 1001104-5260 O&M/Animal Care, and authorize staff to utilize the Shor-Line product as a standard throughout the Rancho Cucamonga Animal Center. M14. Approval to receive and file Animal Center statistics for 2012 calendar year and for January 138 2013. M15. Approval of appropriation of COPS Secure Our Schools Grant Remaining Fund Balance in 144 h amount f 1 - the a ou t o $ 1,000 into Account 1373701 5005 (Overtime Salaries), $5,000 into Account 1373701-5102 (Training) and $20,000 into Account 1373-701-5300 (Overtime for Sergeants)to Complete Tactical Mapping School Safety Program. FIRE PROTECTION DISTRICT, �.; PUBLIC FINANCING AUTHORITY AND 7 LL CITY COUNCIL AGENDA FEBRUARY 20, 2013 N. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Board Member, or Council Member. N1. An Ordinance amending the Penalties, Procedures, and Remedies applicable to Fireworks. 145 ORDINANCE NO. FD 53 (SECOND READING) 146 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE PENALTIES, PROCEDURES AND REMEDIES APPLICABLE TO FIREWORKS, INCLUDING DANGEROUS FIREWORKS AND SAFE AND SANE FIREWORKS, AND FIRE OR LIFE SAFETY VIOLATIONS OF THE MUNICIPAL CODE, AND AMENDING ORDINANCE NO. FD 45 AND ORDINANCE NO. FD 50 O. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 01. ENVIRONMENTAL ASSESSENT AND GENERAL PLAN AMENDMENT - DRC2012-00727 157 - Homecoming V at Terra Vista, LLC - A request to change the land use designation from Mixed-Use to Medium High Residential for 19.25 acres located on the side of Church Street between Mayten Avenue and Malaga Drive within the Terra Vista Community Plan - APN: 0227-151-49 and 50. Related files: Tentative Tract Map SUBTT 18856, Development/Design review DRC2012-00726, and Minor Exception DRC2012-00759, Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. (Continued from February 6, 2013, City Council Meeting) RESOLUTION NO. 13-014 407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT DRC2012-00727, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM MIXED-USE TO MEDIUM HIGH RESIDENTIAL FOR 19.25 ACRES LOCATED ON THE SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-151-49 AND 50- 02. Consideration of a Resolution to amend electric rates, pursuant to the requirements and 410 authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND g CITY COUNCIL AGENDA FEBRUARY 20, 2013 RESOLUTION NO. 13-018 415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE P. CITY MANAGER'S STAFF REPORTS - CITY/FIRE The following items have no legal publication or posting requirements. 450 P1. DRC2012-00766—General Plan Implementation update. P2. Receive Mid Year Budget update report. 462 Q. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per _ _ _ Council Member.) R. IDENTIFICATION OF ITEMS FOR NEXT MEETING S. ADJOURNMENT I, Debra L. McNay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on February 14, 2013, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. February 6, 2013 RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES A. CALL TO ORDER The special meeting of the Rancho Cucamonga City Council convened in the Tri-Communities Room at the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 2:30 p.m. Present were Councilmembers: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; Jeff Bloom, Deputy City Manager/Economic & Community Development; Bill Wittkopf, Public Works Director; Ingrid Bruce, GIS/Special Districts and Debra McNay, Records Manager/Assistant City Clerk. Warren Diven and Kelly Salt from Best, Best&Krieger, LLP and Pablo Perez from NBS were present. B. PUBLIC COMMUNICATIONS No communication was made from the public. C. ITEM FOR DISCUSSION C1. SPECIAL DISTRICTS SUSTAINABILITY PLANNING City Manager John Gillison reported that the purpose of the meeting was to provide an overview of all of the Districts, not just Landscape Maintenance District No. 2. He noted that the City Council has asked for a larger strategy and indicated that this workshop has been calendared in order to have a general policy discussion on District sustainability. Deputy City Manager Lori Sassoon highlighted the City Council goal to develop a fiscal sustainability plan for the Districts. She introduced Warren Diven and Kelly Salt from Best, Best& Krieger, LLP and Pablo Perez from NBS and indicated that they would provide information to the City Council on Proposition 218 and recent case law affecting District formation and assessment. Kelly Salt from Best, Best & Krieger, LLP provided an update on Proposition 218. Discussion was held regarding the need to define general and special benefit in a District, the difference between the two, the procedures and regulations contained in Proposition 218, etc. Pablo Perez from NBS discussed the preparation of an engineer's report and how assessments are calculated. He noted that the goal with any assessment is to prepare calculations and methodology that would withstand a challenge. Special and general benefits as well as proportionality were discussed. Mr. Perez also discussed ways in which the City could strengthen the administrative record in the event of a challenge. * DRAFT * Special Meeting—Special Districts Sustainability Planning February 6, 2013—City Council Minutes— Page 1 of 2 At the conclusion of the discussion, GIS Special District Manager Ingrid Bruce distributed an information pamphlet for Street Lighting, Landscape Maintenance and Park Districts for Fiscal Year 2012/2013. The City Council thanked the speakers for their presentations. D. ADJOURNMENT Mayor L. Dennis Michael adjourned the meeting at 4:02 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * Special Meeting—Special Districts Sustainability Planning February 6, 2013—City Council Minutes— Page 2 of 2 February 6, 2013 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, February 6, 2013 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; City Attorney James Markman, Linda Daniels, Assistant City Manager; Lori Sassoon, Assistant City Manager/Administrative Services and Jeff Bloom, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items are being considered: D1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — BEAR GULCH, A CALIFORNIA CORPORATION, DBA BEAR GULCH, INC. V. CITY OF RANCHO CUCAMONGA; RIVERSIDE CONSTRUCTION COMPANY, INC., A CALIFORNIA CORPORATION AND DOES 1 100 INCLUSIVE. CASE NO. CIVRS 1203421 — CITY D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD, IDENTIFIED AS 6998 ETIWANDA AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND JAMES C. MANNING, MANNING HOMES, REGARDING TERMS OF ACQUISITION— CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD, IDENTIFIED AS 7150 ETIWANDA AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND GWEN FROST, PRESIDENT OF THE ETIWANDA HISTORICAL SOCIETY— CITY D4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B)—FIRE D5. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF GROVE AVENUE, SOUTH OF ARROW HIGHWAY. NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND NATIONAL COMMUNITY RENAISSANCE REGARDING PRICE AND TERMS. — CITY D6. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF MALVERN, SOUTH OF ARROW HIGHWAY; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND NATIONAL COMMUNITY RENAISSANCE REGARDING PRICE AND TERMS. — CITY * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—February 6, 2013- Page 1 of 11 C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No persons were present wishing to speak. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. R RECESS The closed session recessed at 6:15 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Vice President/Vice Chairman/Mayor Pro Tern Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Assistant City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic and Community Development; Mark Steuer, Director of Engineering Services; Bill Wittkopf, Public Works Services Director; Fire Chief Mike Bell; Nettie Nielsen, Community Services Director; Robert Karatsu, Library Services Director; Chris Paxton, Human Resources Director; Janice Reynolds, City Clerk; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS The order of the announcements were as follows: H1., H3., H2., H4. H1. Presentation of Certificate of Appreciation to Burrtec Industries Mayor Michael presented a certificate of appreciation to Mike Arreguin, Vice President of Burrtec Industries. H2. 2012 Healthy Earth Annual Report. Alana Rivadeneyra, Energy Efficiency Coordinator, presented the 2012 Healthy Earth Annual Report. H3. Recognition of the U.S. Green Building Council Inland Empire Chapter, Uncommon Good, and Green Energy Team Members for the Partnership for a Greener Northtown. Mayor Michael recognized the U.S. Green Building Council members, Uncommon Good and the Green Energy Team members for their partnership for a Greener Northtown. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— February 6, 2013- Page 2 of 11 H4. Announcement of "Hearts for Arts" giving campaign at the Victoria Gardens Cultural Center and Lewis Family Playhouse. Susan Sluka-Kelly, Community Service Supervisor, announced the "Hearts for Arts" giving campaign. I. PUBLIC COMMUNICATIONS 11. Peter Bryan commended the Animal Care and Adoption Center for their hard work and spoke about some of the accomplishments and activities at the facility. 12. Christine Haro indicated that she volunteers at the Animal Care and Adoption Center and participates in their foster care program. She indicated that the facility has a great foster care program and stated that the staff are caring and nurturing. 13. Victor Muniz spoke about Landscape Maintenance District No. 2, the recent survey and actions taken by the City. He indicated that the survey is lacking of any historical background and noted that the City is trying to tax and spend its way to their goals rather than following the will of the people. He noted that a letter was served to the City, demanding an accounting of the expenditures in this District. 14. John Lyons spoke in support of Landscape Maintenance Districts, noting that it ensures that the landscaping looks good. He reported that signs have been placed on the freeway stating that exits are closed when the exits are only occasionally closed. Mr. Lyons noted that his dog has been picked up several times by the Animal Care and Adoption Center and stated that the staff at that facility is always very pleasant. 15. Teresa Akahoshi noted that she volunteers at the Animal Care and Adoption Center and also serves on the fundraising committee. She spoke about fundraising efforts and programs and activities at the Center. Lastly, Ms. Akahoshi invited the City Council and the audience to the Animal Care and Adoption Center's Open House on February 13, 2013. 16. Cynthia Stukey noted that the comments made at the last City Council meeting did not represent the opinions of all of the volunteers at the Animal Care and Adoption Center. She spoke in support of the Center and the difficult task of managing stray animals. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time out discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR- FIRE PROTECTION DISTRICT J1. Approval of Minutes: January 16, 2013(Regular Meeting) J2. Approval of Check Register dated January 9, 2013 through January 29, 2013 for the total amount of$601,115.77. J3. Approval of the Renewal Agreements for 800 MHz Radio Communications System Access/Paging Services and equipment maintenance services between City of Rancho Cucamonga and County of San Bernardino and between Rancho Cucamonga Fire Protection District and County of San Bernardino. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— February 6, 2013- Page 3 of 11 J4. Approval to nominate the incumbent Fire Chief, Mike Bell to stand for re-election to the Governing Board of Directors of the Fire Agencies Insurance Risk Authority (FAIRA) for an additional four-year term. J5. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 12-6 and ordering the annexation of such property located at 7915 Center Ave., between Foothill Blvd. and Church St., to Community Facilities District No. 85-1 (Joe Munoz, Owner—APN: 1077-401-19). RESOLUTION NO. FD 13-001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO.12-6 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 J6. Approval to an annexation map showing Assessor Parcel Number (APN) 0201-043-64, (Cardenas Family Trust, Owner), located on the northeast side of Specter Court and Archibald Ave. to be annexed into Community Facilities District(CFD) No. 88-1. RESOLUTION NO. FD 13-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 88-13-1) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1 J7. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 88-13-1 (APN: 0201-043-64, (Cardenas Family Trust, Owner), located on the northeast side of Spector Court and Archibald Ave. into Community Facilities District No. 88-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 13-003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-13-1)TO COMMUNITY FACILITIES DISTRICT NO. 88-1 J8. Approval to adopt an annexation map showing Assessor Parcel Number (APN) 1043- 151-22, (Randy & Julie Twist, Owners), located on the northeast corner of Banyan St. and Indigo Ave. to be annexed into Community Facilities District(CFD) No. 88-1. RESOLUTION NO. FD 13-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 88-13-2) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1 * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—February 6, 2013- Page 4 of 11 J9. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 88-13-2 (APN: 1043-151-22, (Randy&Julie Twist, Owners), located on the northeast corner of Banyan St. and Indigo Ave. into Community Facilities District No. 88-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 13-005 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-13-2)TO COMMUNITY FACILITIES DISTRICT NO. 88-1 J10. Approval of a Resolution adopting Fiscal Year 2012/13 Salary Schedules for Fire District job classifications. RESOLUTION NO. FD 13-006 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING FIRE DISTRICT SALARY SCHEDULES FOR FISCAL YEAR 2012/13 J11. A Resolution amending Sections X and XIII of the Personnel Rules and Regulations of the Rancho Cucamonga Fire Protection District. RESOLUTION NO. FD 13-008 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA AMENDING THE DISTRICT'S PERSONNEL RULES AND REGULATIONS MOTION: Moved b S a nolo seconded b Alexander, to approve the staff recommendations in Y P 9 Y PP the staff reports. Motion carried 5-0. K. CONSENT CALENDAR- PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: January 16, 2013(Regular Meeting) MOTION: Moved by Williams, seconded by Alexander, to approve the minutes. Motion carried 5- 0. IF- L. CONSENT CALENDAR - CITY COUNCIL L1. Approval of Minutes: January 16, 2013(Regular Meeting) L2. Approval of Check Register dated January 9, 2013 through January 29, 2013 and payroll ending January 29, 2013 for the total amount of$7,229,903.60. L3. A Resolution Confirming Weed and Fire Hazard Abatement Fees. * 0 RAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—February 6, 2013- Page 5 of 11 RESOLUTION NO. 13-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING THE ACTUAL COSTS OF WEED AND FIRE HAZARD ABATEMENT FOR EACH SEPARATE PARCEL OF LAND AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 39574, PROVIDING THAT EACH SUCH COST OF ABATEMENT SHALL CONSTITUTE A SPECIAL ASSESSMENT AND LIEN AGAINST EACH LISTED PARCEL OF LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 39577, AND PROVIDING FOR THE FILING OF SAID REPORT WITH THE COUNTY AUDITOR. L4. Approval of the City Council goals for 2013 and authorize staff to post the goals on the City's website. L5. Approval to accept and to allocate $10,000 Grant awarded by the California State Library into Library revenue account 1291000-4740/0-3733 and appropriate $3,870 into expenditure account 1291602-5010/0-3733, $570 into expenditure account 1291602- 5030/0-3733, $1,060 into expenditure account 1291602-5200/0-3733, and $4,500 into expenditure account 1291602-5300/0-3733 for" Portal to the Future" project. L6. Approval to appropriate$12,000 from Library Services fund balance into Account Number 1290601-5605 for replacement of TM3 Telemessaging Server. L7. Approval to allocate $167,090 awarded by the California State Library into Library revenue account 1292000-4740/0-3734 and appropriate $20,000 in expenditure account 1292602-5010/0-3734, $1,000 into expenditure account 1292602-5030/0-3734, $20,000 in expenditure account 1292602-5100/0-3734, $119,090 into expenditure account 1292602-5200/0-3734, and $7,000 into expenditure account 1292602-5300/0-3734, for "Staff Innovation Fund " Statewide Pilot Project. L8. Release of Maintenance Guarantee Bond No. 8220-66-52-A in the amount of $446,178.60, for the Hellman Avenue Pavement Rehabilitation and Street Improvements from 19th Street to Hillside Road, Contract No. 11-156. L9. Release of Maintenance Guarantee Bond No. 7625363 in the amount of $72,883.49, for the FY 2011/2012 Local Street Pavement Rehabilitation — Overlay of Various Streets project, Contract No. 11-141. L10. Release of Maintenance Guarantee Bond No. 6690413 in the amount of $42,491.77, for the Hermosa Avenue at Church Street Traffic Signal and Signal Interconnect System on Haven Avenue from Alta Loma Drive to Wilson Avenue project, Contract No. 10-063. L11. Approval of Improvement Agreement extension for Tract 18806, located north of Base Line Road, east of Etiwanda Avenue, submitted by Van Daele Development Corporation. RESOLUTION NO. 13-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 18806 L12. Approval of the Renewal Agreements for 800 MHz Radio Communications System Access/Paging Services and equipment maintenance services between City of Rancho Cucamonga and County of San Bernardino and between Rancho Cucamonga Fire Protection District and County of San Bernardino. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— February 6, 2013- Page 6 of 11 L13. Release of Maintenance Bond No. 71103327 in the amount of $1,849.92 for City Hall Interior Ceiling Replacement, Contract No. CO 2011-071. L14. Authorization to award a contract to Able Building Maintenance of Santa Ana, California (CO#13-008), in accordance with RFP #12/13-103 for Window Cleaning Services effective March 1, 2013 through June 30, 2013, in the amount of$39,000 ($34,000 Base Amount Plus $5,000 Extra Work-Partial Year Award) with an option to renew for Fiscal Year 13/14 in the amount of $78,000 ($68,000 Base Amount Plus $10,000 Extra Work), to be funded from 1001312-5304(Facilities Maintenance). L15. Release of Maintenance Bond No. CA2515716-A in the amount of $8,822.00 for the Illuminated Street Name Sign Replacement- FY 10/11 Contract No. CO 11-033. L16. Authorization to award the purchase of one (1) CNG Powered Crew Cab DRW Dumping Stake Bed Truck to Frontier Ford, of Santa Clara, California, in accordance with Request for Bids ("RFB") #12/13-06 (Replacing Unit #1526) in the amount of $47,000.00 from Acct. No. 1712001-5604 (Equipment and Vehicle Replacement); and authorize an additional appropriation in the amount of$13,418.12 from the 712 fund balance. L17. Approval of Lien Agreement and ordering the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance District Nos. 1 and 7 for DRC2012-00376, located at 6071 Summit Lane, submitted by Tuyen Nguyen. RESOLUTION NO. 13-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM TUYEN NGUYEN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. L18. Approval of improvement agreement, improvement securities and ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for DRC2011-00255, located at 3195 Whittram Avenue, submitted by All-State Paper and Metal Recycling Co., Inc. RESOLUTION NO. 13-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2011- 00255 RESOLUTION NO. 13-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2011-00255 RESOLUTION NO. 13-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR DRC2011- 00255 RESOLUTION NO. 13-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR DRC2011-00255 * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—February 6, 2013- Page 7 of 11 L19. Authorize the Mayor to sign Grant of Easement document to Southern California Edison related to the construction of the new Public Works Service Center. L20. Award the purchase and installation of a Public Safety Video Surveillance System to Leverage Information Systems, In the amount of$217,065.34, CO#13-023, in accordance with RFP # 12/13-106, Funded from Federal Byrne Jag Grant Funds, and authorize appropriations into the following Accounts: $167,121.00 into account 1356701-5603 (Capital Outlay-Equipment), $34,068.75 into account 1 361 701-5603 (Capital Outlay- Equipment), and $15,875.59 into account 1 361 701-5300 (Contract Services). L21. Approval of a Resolution adopting Fiscal Year 2012/13 Salary Schedules for City Job Classifications. RESOLUTION NO. 13-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING CITY SALARY SCHEDULES FOR FISCAL YEAR 2012/13, INCLUDING CITY COUNCIL BENEFITS L22. Approval of a Resolution authorizing the Bi-Annual routine destruction of City records pursuant to California Government Code Section 34090 the City's Records Retention Schedule and other applicable legal citations. RESOLUTION NO. 13-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF THE CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34900 AND OTHER APPLICABLE LEGAL REFERENCES MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0 M. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The President will open the meeting to receive public testimony. M1. Adoption of a Resolution making determinations regarding the proposed annexation of territory (APV Investments Etiwanda, Owner — APN 1100-131-01 - Annexation No. 12-7) located on the southeast corner of Etiwanda Ave. and Miller Ave. to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. RESOLUTION NO. FD 13-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 12-7) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Fire Marshall Rob Ball presented the staff report. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— February 6, 2013- Page 8 of 11 Chairman Michael opened the public hearing. With no one wishing to speak, Chairman Michael closed the public hearing. MOTION: Moved by Alexander, seconded by Williams, to adopt Resolution No. FD 13-007. Motion carried 5-0 N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. ENVIRONMENTAL ASSESSENT AND GENERAL PLAN AMENDMENT - DRC2012- 00727 - Homecoming V at Terra Vista, LLC - A request to change the land use designation from Mixed-Use to Medium High Residential for 19.25 acres located on the side of Church Street between Mayten Avenue and Malaga Drive within the Terra Vista Community Plan - APN: 0227-151-49 and 50. Related files: Tentative Tract Map SUBTT 18856, Development/Design review DRC2012-00726, and Minor Exception DRC2012- 00759, Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. RESOLUTION NO. 13-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT DRC2012-00727, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM MIXED-USE TO MEDIUM HIGH RESIDENTIAL FOR 19.25 ACRES LOCATED ON THE SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-151-49 AND 50. Deputy City Manager Jeff Bloom reported that an error was made in the advertising of this matter and recommended that it be continued until the next meeting so that the ad could be republished. Mayor Michael opened the public hearing. MOTION: Moved by Alexander, seconded by Williams, to continue the public hearing to February 20, 2013. Motion carried 5-0 O. ADMINISTRATIVE HEARING ITEMS FIRE PROTECTION DISTRICT Speaker cards may be submitted for all those who wish to speak on the following topic(s). The following items have no legal publication or posting requirements. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council, not to members of the audience. 01. An Ordinance Amending the Penalties, Procedures, and Remedies applicable to Fireworks. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— February 6, 2013- Page 9 of 11 ORDINANCE NO. FD 53(FIRST READING) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE PENALTIES, PROCEDURES AND REMEDIES APPLICABLE TO FIREWORKS, INCLUDING DANGEROUS FIREWORKS AND SAFE AND SANE FIREWORKS, AND FIRE OR LIFE SAFETY VIOLATIONS OF THE MUNICIPAL CODE, AND AMENDING ORDINANCE NO. FD 45 AND ORDINANCE NO. FD 50 Fire Marshall Rob Ball presented the staff report. Mayor Michael opened the administrative hearing. With no one wishing to speak, Mayor Michael closed the administrative hearing. The Assistant City Clerk/Records Manager read the title of Ordinance No. FD 53. MOTION: Moved by Alexander, seconded by Spagnolo, to take up Ordinance No. FD 53 for first reading and set second reading for February 20, 2013. Motion carried 5-0 P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. CONSIDERATION AND DISCUSSION OF SELECTION OF MAYOR PRO TEM (Oral) MOTION: Moved by Williams, seconded by Steinorth, to re-select Council Member Sam Spagnolo as Mayor Pro Tem. Motion carried 5-0. P2. REVIEW OF APPOINTMENTS TO STANDING AND AD HOC COMMITTEES AND OTHER GOVERNMENTAL AGENCIES. The following appointments were made: • Community Services Subcommittee- Dennis Michael and Sam Spagnolo • Library Subcommittee- Bill Alexander and Diane Williams • Housing Set Aside Subcommittee(Disbanded) • Community Development/Historic Preservation Subcommittee — Bill Alexander and Diane Williams • Public Works Subcommittee—Bill Alexander and Diane Williams • Economic Development Marketing Subcommittee (formerly Redevelopment Marketing Subcommittee)— Marc Steinorth and Diane Williams • Mobile Home Accord Renewal Subcommittee-Sam Spagnolo and Bill Alexander • Technology and Communications Subcommittee—Sam Spagnolo and Marc Steinorth • Refuse Service Levels and Illegal Dumping Ad Hoc Committee - Sam Spagnolo and Diane Williams • Development Code Amendment for Alternate Landscape Requirements Ad Hoc Committee (Disbanded) • League of California Cities Inland Empire Division—Legislative Task Force—Marc Steinorth • Inland Empire Utilities Agency- Landscape Alliance Task Force-Dennis Michael (This appointment may not be need as the Task Force may not be active) • City Selection Committee- Dennis Michael * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—February 6, 2013- Page 10 of 11 • Omnitrans-Sam Spagnolo; Alternate: Bill Alexander • Rancho Cucamonga Chamber of Commerce- Dennis Michael: Alternate: Marc Steinorth • Route 210 Freeway Corridor Design Joint Powers Authority- Diane Williams; Alternate: Sam Spagnolo • San Bernardino Associated Governments (SANBAG)- Delegate:Dennis Michael; Alternate: Diane Williams • North Etiwanda Preserve- Delegate: Sam Spagnolo; Alternate: Bill Alexander Mayor Michael noted that the Public Works Director is currently appointed to the Mosquito Vector Control District. MOTION: Moved by Michael, seconded by Spagnolo, to approve the above listed appointments and take the actions recommended in the staff report. Motion carried 5-0. P3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander indicated that Jerie Lee is home from the hospital and recovering. Council Member Steinorth extended his best wishes for a speedy recovery to Mrs. Lee as well as to Mr. Steeve. He noted that the Our Homeless event this past weekend was very successful and thanked the people who worked on this project. Council Member Williams reminded the audience that February is Heart Awareness Month and spoke about women's heart problems. Mayor Pro Tern Spagnolo concurred with the need to be vigilant and aware. Mayor Michael reported that Mayor Paul Eaton is at home recuperating and asked that the City Council and the audience keep everyone in their thoughts and prayers. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. R.ADJOURNMENT Mayor L. Dennis Michael adjourned the meeting at 8:30 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— February 6, 2013- Page 11 of 11 . r", MIL ''..,_ T-I ...1 Z rt... • at set 46 C WM ci) lam/ 'zt - o p Z -i'4' Z-1 CA nl c) .ao CD -N 4i 0 E I, -g 0 ...„ `C 1 , _ U 4 4 a - i • • L N w : Ea oN., •- tt - 4 . c' '-' 1 , z , 540 , ,.„ 4—, ct c.s.., „., 0 , .-c) , , _ ,., tro4 (4 ''' -.. z o c, N , � � ti ,.4z v ° L.1 ct .H 1(-3 .1 4 CA i F-4 •N Z ‘oSS �v ='o • ria,k4i''\\ c alm ' / -.• s 10 !Iii. ig' GIS Proclamation WHEREAS, National Engineers Week. Initiated by the National Society of Professional Engineers in 1951, is celebrated during the week of George Washington's birthday. Our country's first President was a prominent Virginia Engineer, specializing in military and agriculture engineering and land surveying; and WHEREAS, the City of Rancho Cucamonga engineering Services Department demonstrates support of the City's mission statement, "Team RC delivers superior services to all who live, work, and play in our community"by providing the necessary infrastructure, upgrades and development review for City Improvements; and WHEREAS, Engineering Services Department Vision is, "to provide our customers with the most competent and complete service possible and to ensure the vital infrastructure is in place for Rancho Cucamonga to maintain its status as the premier community in the region"; and WHEREAS, Engineering Services Department provides many core services that design, install and maintain public thoroughfares and related facilities to provide for safe and efficient use of the public right-of-way by our community; and WHEREAS, recent completion of such core services are: Haven Avenue Grade Separation, Hellman Avenue Storm Drain, Foothill Boulevard Improvements, and completion of the Pacific Electric Trail and the Route 66 Trailhead. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga does proclaim the week of February 17, 2013 as "National Engineer's Week" and does hereby give special recognition to our Engineering Services Department for their continuing professional services in Rancho Cucamonga. IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 20``' day of February, 2013. , Cti " '� CO C g_ yr -;-,--,-,,,,,.. . .. .....i . , . .,.:_;,, ...,--„, ... CL O 111 0 •_ +� .cj of ( IW O � � g (i) °IC . Z a1 t,iE" - t" d3�" }�a SCD � L. RI •ACI) . � � tiCtS W o:D -:..:1 . ..„.-,,, .,...,„„.„ ... ,,.„.„,„_ . .;A,.:.„,:.,,:.;:FT-7,,,,,...11,,,,----,,;;,-,,,, ..--: ..,..;,-iir. ,t,--.=:::::.,,- . M z C _. ... . „_ . sa ti% Q) ci) .,—' L :m a s �r .-�'. C r2 (13 0 0 a) C9 . ,. . ' , 4�4, .fie i LL C CtS W - ejti. a y O � r'''' _ c • • a) O CO -' D an a) CO cD 0) ca 0 C = U c O O �� a) E E u) 0 C °) co � Ct a) a) 4_ � � o 0 QCI) 0%•<.`) o V 0 Q ti C ) CO � _ N M V j t � , E.. ca co I.L L C 4 , ,........ ., a Co N r L 4� O ) N ,Ii s a) co L_ ca —I— ._ Q '‘-` ) a) — .— O O Um c) r' • • ihj 4- (n ,CZ (I) 0 E - c ."— -1--+ E E ii,-.) ca N ,_ N c O O O °'U x Q. '- -t C E c_ O O o ,,,, co ,>1■ • • • • CO I•he C.) V- T- N- d' Z gi t.NI %....." %....... ""..--•" •....,/ CU C 73 Q < _CE1 = ocT3 a) 0 ' < cb L E co LL 8o CD -� g3 O O O O cm to •— u) * �_ c 0- L_ n o t . � - o CU) m> J D 0_ .c V • • • • • • Id { r' as w �m. Cl) .p. r . as , CD CU Amj > :r U) Car) (1) U.— W 4 _.,„ ,. _ \._ ., _.. ,. :111 ..c co ., ��� .1-40 s.. E CD- C:1 " O C) CC >% E O O O _ a) ccs U U O 0_ O + a) 0 1 ._ CZ cn 4) >% ..• ,73 ....• .... - C CD co o ..c O Lo U) O .1- O CO (13 CO (0 ." U O C COO b� '- o cn CO -co co a) „..— L. ..., 0 Cn Q .•,.., _ k W W s L ergo , , Cti tW ,, e om ' t, vt. .,,,,,„4 4f.t.T.L$r,1 ,J4"...'-i:',"1',4 :. '9, ! % t,.-- -e-- -.4.- 4,,. I um 0 ,v-„ w r 00x > • .:_,5a., -. .a. : F -f. a o - WI: ...AV:7'VIS cft't i r.--, - -. Cr < CD a) = , . : -,:,,,...-:,- ,,,,,... . t (.9 1 (113 - L___-_ CD Q IN 0) p U- as cn UFO E. p = a) �' q E m al O O 2 o CO : 1 (13 -1—• cn Qa C a� ■� > =03x . o 0 4-0 • Q � co 2w p m _c CD III■ M 2 O .� w ..c cn E (3) _ c o CL O O O C3 O s s s s s s s Proclamation WHEREAS, the City of Rancho Cucamonga is committed to promoting a "Healthy RC" and securing the health and well-being of all its citizens; and WHEREAS, cardiovascular disease is the nation's leading cause of death and costliest disease with direct and indirect costs estimated at $312.6 billion and accounts for one out of three deaths nationwide; and WHEREAS, about 2,150 people die from cardiovascular diseases each day accounting for about one death every 40 seconds; and WHEREAS, the American Heart Association's 2020 impact goal seeks to improve the cardiovascular health of all Americans by 20 percent while reducing deaths from cardiovascular diseases and stroke by 20 percent through research, population and community-level interventions, public health and policy measures; and WHEREAS, efforts of the American Heart Association encourage citizens to help save lives by calling 9-1-1 if symptoms occur, become trained in CPR, and encourage comprehensive automated external defibrillator (AED) programs in their communities; and WHEREAS, the American Heart Association is celebrating February 2013 as American Heart Month and promoting education and awareness by encouraging citizens to learn the warning signs of heart attack and stroke; and WHEREAS, the City of Rancho Cucamonga urges all citizens to recognize the critical importance of tools and skills that will increase survival rates from cardiac arrest and by incorporating these tools into aggressive programs, can save thousands of lives each year. NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Rancho Cucamonga does hereby proclaim February 2013 as American Heart Month in recognition of the importance of the ongoing fight against heart disease. IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 20`h day of February, 2032. • RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Resister 1/30/2013 through 2/12/2013 Check No. Check Date Vendor Name Amouni AP 00332765 2013/01/30( AFSS 250.00 AP 00332787 2013/01/30( BOUND TREE MEDICAL LLC. 1,158.16 AP 00332787 2013/01/301 BOUND TREE MEDICAL LLC. 37.00 AP 00332787 2013/01/301 BOUND TREE MEDICAL LLC, 74.00 AP 00332789 2013/01/301 BURNS,BRYAN 50.86 AP 00332792 2013/01/301 CALIFORNIA BOARD OF EQUALIZATION,STATE 83.60 AP 00332792 2013/01/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 82.60 AP 00332792 2013/01/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 141.64 AP 00332792 2013/01/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 289.44 AP 00332792 2013/01/30 ( CALIFORNIA BOARD OF EQUALIZATION, STATE 185.60 AP 00332792 2013/01/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 14.00 AP 00332792 2013/01/30 l CALIFORNIA BOARD OF EQUALIZATION, STATE 61.78 AP 00332794 2013/01/30( CALPERS 6,095.00 AP 00332794 2013/01/301 CALPERS 194.38 AP 00332814 2013/01/301 DEPARTMENT OF JUSTICE 294.00 AP 00332828 2013/01/30 1 GOLDEN STATE RISK MANAGEMENT AUTHOR[" 1,142.00 AP 00332848 2013/01/301 IPROMOTEU 1,617.00 AP 00332861 2013/01/301 LIFE ASSIST INC 445.82 AP 00332863 2013/01/30( LLFA 135.00 AP 00332863 2013/01/30( LLFA 135.00 AP 00332863 2013/01/30( LLFA 135.00 AP 00332863 2013/01/30( LLFA 135.00 AP 00332863 2013/01/30( LLFA 135.00 AP 00332863 2013/01/30( LLFA 135.00 AP 00332863 2013/01/301 LLFA 135.00 AP 00332863 2013/01/30( LLFA 135.00 AP 00332875 2013/01/301 MRB DEER CREEK CAR WASH 599.65 AP 00332875 2013/01/301 MRB DEER CREEK CAR WASH 295.35 AP 00332896 2013/01/30( PH&S PRODUCTS LLC 3,270.00 AP 00332908 2013/01/30 ( RICHARDS WATSON AND GERSHON 805.50 AP 00332912 2013/01/30( SAN BERNARDINO CO FIRE DEPT 1,281.81 AP 00332917 2013/01/30( SAN BERNARDINO CTY FIRE PROTECTION DIST 593.00 AP 00332921 2013/01/30( SC FUELS 1,983.51 AP 00332921 2013/01/301 SC FUELS 976.96 AP 00332921 2013/01/30( SC FUELS 1,101.95 AP 00332921 2013/01/30( SC FUELS 542.75 AP 00332921 2013/01/30( SC FUELS 2,139.09 AP 00332921 2013/01/30 1 SC FUELS 1,053.58 AP 00332921 2013/01/30( SC FUELS 2,139.08 AP 00332921 2013/01/30( SC FUELS 1,053.58 AP 00332921 2013/01/301 SC FUELS 1,242.79 AP 00332921 2013/01/30 1 SC FUELS 612.12 AP 00332929 2013/01/301 SIGTRONICS CORPORATION 188.58 AP 00332929 2013/01/301 SIGTRONICS CORPORATION 382.88 AP 00332930 2013/01/30 1 SMART AND FINAL 25.52 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 02/13/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 08:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check Resister 1/30/2013 through 2/12/2013 Check No. Check Date Vendor Name Amount AP 00332930 2013/01/30( SMART AND FINAL 55.09 AP 00332931 2013/01/30( SO CALIF GAS COMPANY 293.77 AP 00332931 2013/01/30( SO CALIF GAS COMPANY 703.79 AP 00332931 2013/01/30( SO CALIF GAS COMPANY - 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A m m N Z A > O c 2 A a � > C Q A L A A it U A C o J H N > u g � Q o W � C Y u d L c � N ` a 0 > o U d. b rc W LL r � a O a � a � a y m o e n n c m o ri n N N O V! O ja O N 10 N (O N N W r N m n m N N Nl r N Ip N N N O O O O O O O O O O Ea o 0 0 0 0 M m m o 0 0 0 o N °0 °0 ° °o °o m pO a O N N O O O O N y r 9 0 O O P O O O O N V Cl) 1 O N O N N O O O O N N y m E E- 7 O ply F d {0 m 7 ( •Q •' t V G N N N N \L M N O O N O d M c O U. Q N p o 0 0 o n o R N 7 G R o n z a LL p U N O Q N N Q Q Q Q Q Z U O O r H LL w w E w 0 E i o = = Z Z o 0 0 0 N w w w w N N LL LL LL ° 0 ° ` � C # O N U N m N 0 y C N C Y b N ° T O U L C C N U $ N m a o 0 vi a m °o nVl °o d m 0 U' C7 u m M M U J N d N IL N n �`•� M L K P10 STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT RANCHO Date: February 20, 2013 C,UCAMONGA To: President and Members of the Fire Board John R. Gillison, City Manager From: Lori E. Sassoon, Treasurer I II l By: Sandra G. Ramirez, Management Analyst III Subject: APPROVAL TO ADOPT ANNUAL STATEMENT OF INVESTMENT POLICY RECOMMENDATION: The Fire Board Members review the Statement of Investment Policy on an annual basis. It is recommended that the Fire Protection District approve and adopt the attached Statement of Investment Policy for the Rancho Cucamonga Fire Protection District. BACKGROUND: California Government Code Section 53646 requires that the Treasurer or Chief Fiscal Officer shall annually render to the Fire Board Members a Statement of Investment Policy, which shall be considered at a public meeting. Further, the Fire Board Members shall also consider any modifications to the investment policy at a public meeting. The Fire Board Members originally adopted a Statement of Investment Policy in July 1990. The Fire District's Investment Policy and practices are based upon federal, state and local law, as well as prudent money management. The primary goals of the District's policy are to ensure compliance with all federal, state and local law governing the investment of monies under the control of the Treasurer; to protect the District's assets; and to invest public funds prudently. The Treasurer is authorized to invest the Fire District's funds in accordance with the California Government Code Section 53600 and the investment policy adopted by the Fire Board Members. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report, and Fire Board Members receive a monthly Portfolio Summary of investment earnings provided at scheduled Fire Board meetings. The District continues to maintain an investment strategy more conservative than required under State law. Additionally, the Treasurer and Finance staff continue to monitor legislation, government code amendments, and professional practices pertaining to investing of public funds, ensuring legal updates are reflected in the District's Statement of Investment Policy. This year there have been no changes to State law that would require modifications to the existing investment policy. P11 APPROVAL TO ADOPT ANNUAL STATEMENT OF INVESTMENT POLICY PAGE 2 FEBRUARY 20,2013 Respectfully submitted, Lori E. Sassoon Treasurer Attachments P12.: i RANCHQ U'l yt`AlYll`ON GA. STATEMENT OF INVESMENT POLICY 2®13 Prepared by the Administrative Services Department Lori E. Sassoon, Treasurer P13 STATEMENT OF INVESTMENT POLICY RANCHO CUCAMONGA FIRE PROTECTION DISTRICT INTRODUCTION The investment policy and practices of the Rancho Cucamonga Fire Protection District are based upon state law, prudent money management and the "prudent person" standards. This statement is intended to provide guidelines for the prudent investment of the District's temporary idle cash, and outline the policies for maximizing the efficiency of the District's cash management system. The primary goal of this policy is to enhance the economic status of the District by protecting its pooled cash and to invest public funds to: 1. Meet the daily cash flow needs of the District. 2. Comply with all laws of the State of California regarding investment of public funds. 3. Achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default. SCOPE The investment policy applies to all investment activities of the Rancho Cucamonga Fire Protection District. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report and include: General Fund and Special Revenue Funds. Any new fund established by the Fire Board shall automatically be reflected in the Investment Policy. Bond proceeds shall be invested in accordance with the requirements and restrictions outlined in bond documents as approved by the President and Members of the Fire Board. Guidelines presented herein are not intended to apply to bond proceeds held by the District or by fiscal agents or trustees for bond holders of Fire debt. PRUDENCE/EVALUATION OF INVESTMENT OFFICER ACTIONS The actions of the Treasurer and/or his appointed designee in the performance of their duties as managers of public funds shall be evaluated using the following "prudent person" standard applied in the context of managing the overall portfolio: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the professional management of their business affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Rev:212013 1 P14 The Treasurer and/or his appointed designee acting in accordance with the investment policy and the "prudent person" standard and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that substantial deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments whenever possible. OBJECTIVE The Rancho Cucamonga Fire Protection District operates its temporary pooled idle cash investment under the 'Prudent Person" standard. This affords the District a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600, et. seq.) and other legal restrictions as the District may impose from time to time. The objective of the investment portfolio is to meet the short and long term cash flow demands of the District. To achieve this objective, the portfolio will be structured to provide Safety of Principal and Liquidity, while then providing a reasonable return on investments. The District may direct its fiscal agents to invest funds associated with bonds or debt issues pending disbursement or reinvestment in "money market mutual funds" that are shares of beneficial interest issued by diversified management companies. The criteria for "money market mutual funds" are more specifically described in California Government Code § 53601(1). INVESTMENT OBJECTIVES Security purchases and holdings will be maintained within statutory limits imposed by Government Code. District policy has been to limit investments more stringently than required under state law. Criteria for selecting investments and the order of priority are: 1. Safety - The safety and risk associated with an investment refers to the potential loss of principal, interest, or combination thereof. The District only operates in those investments that are considered safe. Investments shall be undertaken in a manner that seeks to ensure that capital losses resulting from institution default, broker/dealer default, or the erosion of market value are avoided. The District shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. • Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in only high quality securities and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm District cash flow. Rev: 212013 2 P15 • Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by structuring the portfolio. It is explicitly recognized, however, that in a diversified portfolio, occasional measured losses may occur, and must be considered within the context of overall investment return. 2. Liquidity - This refers to the ability to sell these securities and terminate the agreement in order to receive cash at any moment in time with minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occasionally occurs. The District's investment portfolio will remain sufficiently liquid to enable the District to meet operating requirements that might be reasonably anticipated. Invested bond proceeds will be structured so as to meet anticipated drawdown requirements. 3. Yield - The District's investment portfolio shall be designed with the objective of attaining a reasonable market rate of return throughout economic cycles, as long as it does not diminish the objectives of Safety and Liquidity. ETHICS AND CONFLICTS OF INTEREST The Treasurer/Deputy Treasurer and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers shall disclose any material financial interest in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the District's portfolio, particularly with regard to the time of purchases and sales. The Treasurer/Deputy Treasurer or investment employees are required to file annual disclosure statements as required by the Fair Political Practices Commission (FPPC). AUTHORIZED BROKER/DEALERS The District will transact business only with approved investment securities broker/dealers that are approved as an authorized broker/dealer in compliance with the District selection process. The Treasurer shall request all broker/dealers that wish to do business with the District to provide proof of capitalization to meet the District's needs, and agree to abide by the conditions set forth in this Investment Policy. All broker/dealers who want to become qualified bidders for investment transactions must have offices in the State of California and provide a current audited financial statement and complete the appropriate City Broker Dealer Questionnaire and Certification. The Treasurer will maintain a list of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services to the District. Rev:212013 3 P16 The District shall at least annually send a copy of the current investment policy to authorized broker/dealers approved to do business with the District. Confirmation of receipt of this policy shall be considered evidence that the broker/dealer has read and understands the District's investment policy and will recommend and execute only transactions suitable for and in compliance with the District's investment policy. AUTHORIZED INVESTMENTS The District is authorized by California Government Code Section 53600, et. seq. to invest in specific types of securities. The District has further limited the types of securities in which it may invest. Any security not listed is not a valid investment for the District. The concise list of approved securities is as follows: MAXIMUM INVESTMENTSIDEPOSITS PERCENTAGES MATURITY* (See Government Code Section 53601) Securities of the U.S. Government, or its agencies Unlimited 5 years The Treasurer may invest in bonds, debentures, notes, discount notes, and certain callable and step-up notes** issued by the following United States Government Agencies:Federal Home Loan Bank(FHLB), Federal National Mortgage Association(FNMA), Federal Home Loan Mortgage Corporation(FHLMC), Federal Farm Credit Banks (FFCB). Municipals (Warrants, Notes & Bonds) 30% 5 years Taxable or tax-exempt bonds, notes, warrants, or other evidences of indebtedness of the State or any local agency within the State of California with a minimum long-term rating of either "Al"by Moody's Investors Service, or °A+"by Standard&Poor's, the minimum short-term rating of either "MIG I"by Moody's Investors Service, or "SP-I"by Standard&Poor's, (the minimum rating shall apply to any agency, irrespective of any credit enhancement), including bonds, notes, warrants, or other evidences of indebtedness payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by either the State or local agency, a department, board, agency, or authority of the State or local agency, or of any local agency within this state. Certificates of Deposit (or Time Deposits) Unlimited 5 years Placed with commercial banks and/or savings and loan companies. Negotiable Certificates of Deposit 30% 5 years FDIC— Insured Certificates of Deposit 30% 5 years Banker's Acceptances 40% 180 days Commercial Paper 25% 270 days Investments in Commercial Paper must be only with corporations having assets in excess of$500,000,000. Must be of"prime"quality of the highest rating or of the highest letter and numerical rating as provided for by Moody's Investor's Service Inc. or Standard & Poor's Corporation. Short term rating of at least 'A' or 'AI/PI'and a long-term rating of'A'is required. Purchases of commercial paper are limited to no more than 10%of the outstanding commercial paper of any single issuer. Local Agency Investment Fund (State Pool) Demand Deposits 50 MM*** Daily Liquidity Rev: 212013 4 P17 AUTHORIZED INVESTMENTS—(Continued) MAXIMUM INVESTMENTS/DEPOSITS PERCENTAGES MATURITY* Joint Powers Authority (JPA) Investment Pool (Short-Term) 10% Daily Liquidity Deposit of Funds (See Government Code - n/a Section 53630 - Ref. C) Repurchase Agreements (Repos) 20% 1 year The market value of the securities that underlay the repurchase agreement must be valued at 102%or greater of the funds borrowed against the securities and the value must be adjusted no less than quarterly. An executed Master Repurchase Agreement must be on file. Medium Term Corporate Notes 30% 5 years investments in Medium Term Corporate Notes must be issued by corporations organized and operating within the United States. Securities eligible for investment must be rated "AA" or better by Moody's or Standard& Poor's rating services. Investment Agreements**** 5% 397 days investment agreements, guaranteed investment contracts,funding agreements, or any other form of corporate note which represents the unconditional obligation of one or more banks, insurance companies or other financial institutions, or are guaranteed by a financial institution, which has an unsecured rating, or which agreement is itself rated, as of the date of execution thereof, in one of the two highest rating categories by two or more rating agencies; or, which are collateralized at least 100%with U.S. Government securities. * Maximum term unless expressly authorized by Governing Body and within the prescribed time frame for said approval. **Step-up notes -A step-up note is a financial instrument whose value "depends on"or is "derived from"the value of an underlying asset, reference rate, or index often known generically as a type of derivative. Investments in this type of instruments are limited to debt securities that have periodic increases, or step-up interest rate adjustments that provide upward mobility in yield return. Investments in debt securities, which contain a callable feature are also allowable. ***Limit set by Local Agency Investment Fund(LAIF) Governing Board, not Government Code. ****Percentage limits for Investment Agreements are not intended to apply to bond funds held by the City or by Fiscal Agents or Trustees, in which investment of such funds is under the City's control or direction. INVESTMENT POOLS The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California's local governments and special districts authorized by the California Government Code. LAIF is managed by the State Treasurer's Office with oversight by the Local Agency Investment Advisory Board. Rev: 212013 5 P18 The District's participation in LAIF was approved by the President and Members of the Fire Board with other authorized investments on July 1987. It is a permitted investment with the knowledge that the fund may invest in some vehicles allowed by statute but not otherwise authorized under the City's authorized investments. All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480. All investments are purchased at market, and market valuation is conducted monthly. The District may also invest in shares of beneficial interest issued by a joint powers authority ("JPA") organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations specified in the code and which shall have retained an investment advisor that meets the following criteria: 1. Be registered or exempt from registration with the Securities and Exchange Commission. 2. Have not less than five (5) years of experience investing in the securities and obligations authorized herein, and 3. Have assets under management in excess of five hundred million dollars. SAFEKEEPING OF SECURITIES Securities purchased from broker/dealers shall be held by third party bank or other designated third party trust department acting as agent for the District under the terms of a custody agreement executed by the bank and District. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures. Certificate of Deposit securities are held in the City's vault. No outside broker/dealer or advisor may have access to District funds, accounts or investments, and any transfer of funds to or through an outside broker/dealer must be approved by the Treasurer/Deputy Treasurer. The District strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the Treasurer. DIVERSIFICATION The District will diversify its investments by security type, issuers, and maturities. The purpose of diversifying is to reduce overall portfolio risks while attaining an average market rate of return; therefore, it needs to be conceptualized in terms of maturity, instrument types and issuer. INDEPENDENT REVIEW Outside, independent auditors are required to perform an annual review of the District's Investment Policy, process, and internal controls. The review process is performed as part of the District's annual external audit. Rev:212013 6 P19 REPORTING The Treasurer shall prepare and submit a monthly investment report to the President and Members of the Fire Board, which shall include all securities, excluding those held by and invested through trustees. The report shall include the following: • The type of investment, name of the issuer, date of purchase, date of maturity, par and dollar amount invested in all securities • The weighted average maturity of the investments. • Any funds, investments, or programs including loans that are under the management of contracted parties. • The current market value and source of the valuation. • A description of the compliance with the Statement of Investment Policy. • A statement of the District's ability to meet its pooled expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may not be available. The Treasurer shall be responsible for reviewing and modifying investment guidelines as conditions warrant and is required to submit same for re-approval to the President and Members of the Fire Board on an annual basis with or without changes. However, the Treasurer may, at any time, further restrict the items approved for purchase as deemed appropriate. The basic premise underlying the District's investment philosophy is, and will continue to be, to ensure that money is always safe and available when needed. (4 U � 2lZV 12,01 Lori E. Sassoon Date Treasurer Rancho Cucamonga Fire Protection District Rev:212013 7 P20 City of Rancho Cucamonga Statement of Investment Policy GLOSSARY OF TERMS ACCRUED INTEREST — Interest that has accumulated but has not yet been paid from the most recent interest payment date or issue date to a certain date. AGENCY ISSUES —Securities issued by federal agencies, those chartered by the federal government or Government Sponsored Enterprises that are considered to be backed by the federal government. AMORTIZED COST—The original cost of the principal adjusted for the periodic reduction of any discount or premium from the purchase date until a specific date (also called "Book Value"). BANKERS' ACCEPTANCE — Money market instrument created from transactions involving foreign trade. In its simplest and most traditional form, a banker's acceptance is merely a check, drawn on a bank by an importer or exporter of goods. BASIS POINT — One basis point is one hundredth of one percent (.01). As an example, the difference between a security yielding 3.25% and one yielding 3.20% is five basis points. BEAR MARKET—A period of generally pessimistic attitudes and declining market prices. BENCHMARK—An index or security used to compare the performance of a portfolio. BID PRICE — The price at which a broker/dealer will buy securities from an investor. (When you are selling securities, you ask for a bid). BOND — A long-term debt instrument of a government or corporation promising payment of the original investment plus interest by a specified future date. BOND EQUIVALENT YIELD—The basis on which yields on notes and bonds are quoted. BOOK VALUE (COST VALUE) — The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount. BROKER/DEALER—An individual or firm acting as principal in a securities transaction. BULL MARKET—A period of generally optimistic attitudes and increasing market prices. BULLET—A colloquial term for a bond that cannot be redeemed, or called, prior to maturity. CALLABLE BOND — A bond in which all or a portion of its outstanding principal may be redeemed prior to maturity by the issuer under specified conditions. CERTIFICATE OF DEPOSIT (CD)—A time deposit with a specific maturity evidenced by a certificate. Large denomination CD's are typically negotiable. COLLATERAL — Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER — Money Market instrument representing an unsecured short-term promissory note of a corporation at a specified rate of return for a specified period of time. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) —The official annual financial report for the City. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). - 1 - P21 City of Rancho Cucamonga Statement of Investment Policy CONSTANT MATURITY TREASURY (CMT) — An average yield of a specific Treasury maturity sector for a specific time frame. This is a market index for reference of past direction of interest rates for the given Treasury maturity range. COUPON — The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. CREDIT RATING — A standardized assessment, expressed in alphanumeric characters, of a company's creditworthiness. CREDIT RISK—The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. CUSIP — A unique identifier for a security developed by the Committee of Uniform Security Identification Procedures (CUSIP). The identifier is a nine-digit alphanumeric character. The first six characters identify the issuer, the following two identify the issue, and the final character is a check digit. CUSTODY — A banking service that provides safekeeping for the individual securities in a customer's investment portfolio under a written agreement which also calls for the bank to collect and pay out income, and to buy, sell, receive and deliver securities when ordered to do so by the principal. DEBENTURE—A bond secured only by the general credit of the issuer. DELIVERY VS PAYMENT (DVP) — Delivery of securities with a simultaneous exchange of money for the securities. DERIVATIVES — Financial products that are dependent for their value on (or derived from) an underlying financial instrument, a commodity, or an index representing values of groups of such instruments or assets. DISCOUNT INSTRUMENTS— Securities that are sold at a discount to face value. DIVERSIFICATION — The practice or concept of investing in a range of securities by sector, maturity, asset class or credit quality in order to reduce and spread financial risk. DURATION — A measure of the timing of the cash flows to be received from a given fixed income security. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. FACE VALUE — The principal amount owed on a debt instrument. It is the amount on which interest is computed and represents the amount that the issuer promised to pay at maturity. FED WIRE—A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed System. FEDERAL CREDIT AGENCIES — Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S & L's small business firms, students, farmers, farm cooperatives, and exports. FEDERAL FUNDS RATE —The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANKS (FHLB) — Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district bank. -2 - P22 City of Rancho Cucamonga Statement of Investment Policy FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae) — FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae is a private stock-holder- owned corporation. The corporation's purchase includes a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL OPEN MARKET COMMITTEE (FOMC) — Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM — The central bank of the United States which consists of a seven member Board of Governors 12 regional banks and 5,700 commercial banks that are members. FISCAL AGENT— A financial institution with trust powers which acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract. FULL FAITH AND CREDIT — The unconditional guarantee of the United States Government backing a debt for a repayment. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae) — Securities influencing the volume of bank credit guaranteed by GNMA and issued by savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie May securities are backed by the FHA, VA, or FMHM mortgages. The term "pass-through's" is often used to describe Ginnie Maes. GOVERNMENT OBLIGATIONS — Securities issued by the U.S. Treasury and Federal Agencies. U.S. Treasuries are direct obligations of the Federal Government. Agencies are not direct obligations of the Federal Government, but involve Federal sponsorship or guarantees. INTEREST RATE RISK — The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value. Also called "Market Risk". INVESTMENT AGREEMENTS — An agreement with a financial institution to borrow public funds subject to certain negotiated terms and conditions concerning collateral, liquidity and interest rates. INVESTMENT PORTFOLIO — A collection of securities held by a bank, individual, institution or government agency for investment purposes. LIBID— London Interbank bid rate. LIBOR— London Interbank offered rate. LIQUIDITY— Refers to the ability to rapidly convert an investment into cash. LOCAL AGENCY OBLIGATION —An indebtedness issued by a local agency, department, board, or authority within the State of California. LOCAL AGENCY INVESTMENT FUND (LAIF) — The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LONG-TERM —The term used to describe a security when the maturity is greater than one year. -3 - P23 City of Rancho Cucamonga Statement of Investment Policy MARK TO MARKET—Current value of securities at today's market price. MARKET RISK—The risk that the security will be difficult to sell. MARKET VALUE—The price at which a security is trading and could presumably be purchased or sold. MATURITY—The date upon which the principal or stated value of an investment becomes due and payable. MEDIUM TERM NOTES (MTN) — These are Corporate Notes and Bank Notes that are debt obligations of banks, corporations, and insurance companies. They are issued at a specific rate of return for a specific period of time. MONEY MARKET INSTRUMENTS— Private and government obligations of one year or less (flexible in some arenas; under five years would still be considered a money market). NEGOTIABLE CERTIFICATE OF DEPOSIT—A Money Market instrument representing a receipt from a bank for a deposit at a specified rate of interest for a specified period of time that is traded in secondary markets. NEW ISSUE—The first offering of a security. NONCALLABLE—Security that does not contain a call provision. ORIGINAL ISSUE DISCOUNT (OID)—Security priced at a discount at time of issuance. PAPER GAIN OR LOSS —Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value. PAR—The stated maturity value, or face value, of a security. PORTFOLIO—Collection of securities held by an investor. PREMIUM —The amount by which the price paid for a security exceeds the par value. Also, the amount that must be paid over the par value to call an issue before maturity. PRIMARY DEALER —A group of dealers and banks that can buy and sell securities directly with the Federal Reserve Bank of New York. PRUDENT PERSON RULE - An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state--the so- called legal list. In other states the trustee may invest in a security if it is one, which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN -The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond; the current income return. REPURCHASE AGREEMENT (REPO) —A repurchase agreement consists of two simultaneous transactions. One is the purchase of securities by an investor (i.e., the County), the other is the commitment by the seller (i.e. a broker/dealer) to repurchase the securities at the same price, plus interest at some mutually agreed future date. REVERSE REPURCHASE AGREEMENT (REVERSE REPO) — The mirror image of Repurchase Agreements. In this instance the County Pool is the seller of securities to an investor(i.e. brokers). -4 - P24 City of Rancho Cucamonga Statement of Investment Policy RISK— Degree of uncertainty of return on an asset. SAFEKEEPING—See Custody. SALLIE MAE - Trade name for the Student Loan Marketing Association (SLMA), a U.S. sponsored corporation. SECONDARY MARKET — A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION - Agency created by Congress to protect investors in securities transactions by administering securities legislation. SPREAD - Difference between the bid and the ask, or offer. STRUCTURED NOTES - Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations that have imbedded options (e.g., call features, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. SHORT-TERM—The term used to describe a security when the maturity is one year or less. TREASURY BILLS —A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY NOTES - Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. WHEN ISSUED BASIS (WI) —A term applied to securities that are traded before they are actually issued with the stipulation that transactions are null and void if securities are not issued. YIELD - The annual rate of return on an investment expressed as a percentage of the investment. Income yield is obtained by dividing the current dollar income by the current market price for the security. YIELD CURVE —The yield on bonds, notes or bills of the same type and credit risk at a specific date for maturities up to thirty years. YIELD TO MATURITY —The current coupon yield minus any premium above par, or plus any discount from par in the purchase price with the adjustment spread over the period from date of purchase to maturity. TreasurylAnnual Investment Policies 12\GLOSSARY12.doc - 5 - P25 STAFF REPORT - ADMINISTRATIVE SERVICES DEPARTMENT Date: February 20, 2012 RANCHO CUCAMONGA To: Members of the Board of Directors John R. Gillison, President From: Mike Bell, Fire Chief By: Manuel Pilonieta, Information Services Manager r' Keri Hinojos, Senior Buyer Subject: APPROVAL OF VARIOUS ACTIONS RELATED TO THE PURCHASE OF DESKTOP, NOTEBOOK AND RELATED COMPUTER EQUIPMENT, INTEGRATION AND DISPOSITION SERVICES, AND SOFTWARE RECOMMENDATION It is recommended that the Rancho Cucamonga Fire Protection District Board: 1. Award and authorize the supplemental funding of a purchase agreement between the City of Rancho Cucamonga and Sigmanet, Inc. in an amount not to exceed $114,236 for the purchase of desktop and notebook computers, integration and disposition services plus a 10% contingency, and software for Fire Protection District staff; 2. Authorize the President of the Board of Directors to sign the purchase agreement with Sigmanet; and 3. Appropriate $114,236 as summarized in the staff report. BACKGROUND The City last completed a major desktop computer replacement project on behalf of the Fire District in 2006. More recently, due to economic constraints, the replacement of computers used by Fire District has been deferred for several years, but can no longer be delayed. The Fire District's desktop and notebook equipment is well past its recommended useful life, is only marginally meeting the practical needs of staff, and is experiencing high failure rates. Additionally, the Microsoft XP operating system and Microsoft Office 2003 productivity suite are nearing the end of support from Microsoft. As a first step in this replacement project, Information Services conducted a physical inventory of all computer equipment and in coordination with Fire Protection District Chief identified computers that will be retired and not replaced. Excluded from this replacement cycle are mobile data computers (MDCs) installed on Fire District vehicles. MDCs are scheduled for replacement over a two-year period beginning in FY 13/14. As a further cost mitigation measure, computer monitors are not recommended for replacement at this time. In coordination with the Purchasing Division, the Information Services Division submitted specifications for the replacement of business class computers, integration and disposition services, and software. The Purchasing Division prepared and posted formal RFB #12/13-005 on December 19, 2012, notifying one-hundred and thirty- seven (137) vendors of the opportunity to bid. Thirty-five (35) perspective bidders downloaded the RFB and two (2) responses were received. After analysis of the bid responses, the lowest bidder was unable to comply with the bid specifications and has been determined as non-responsive. Therefore, Staff is recommending an award to the next lowest bidder, Sigmanet, Inc., as the most responsive, and responsible bidder. All documentation is on file in the Purchasing Division. P26 Upon approval, the City will coordinate delivery of the new computers, and Sigmanet will prepare them with the City's specific configuration, including standardization on the Windows 7 operating system and Microsoft Office 2013, and deliver and install each computer. Additionally Sigmanet is providing disposition service for the replaced computers; the service includes the secure wiping of data and disposal as electronic waste. FUNDING Total project costs for the Rancho Cucamonga Fire Protection District expenses are $114,236. The total Sigmanet award is $105,922 and itemized in the table below. Additional expenses are $5,000 for training for Windows 7 and Microsoft Office Suite, and $3,314 for the 10% contingency for computers integration and disposal services. No. Description Account Adopted Appropriation Sigmanet Additional Total Number Budget Award Expenses Expenses 1 Staff training for Microsoft 3288501-5102 $5,000 $5,000 $5,000 software 2 Microsoft software 3288501-5152 $23,000 $23,000 $23,000 3 Computer monitors 3288501-5200 $650 $650 $650 4 Computer equipment 3288501-5215 $49,132 $49,132 $49,132 5 Integration and disposal 3288501-5300 $36,454 $33,140 $3,314 $36,454 services, including 10% contingency 6 Total Fire District: $0 $114,236 $105,922 $8,314 $114,236 Respectfully submitted, Mi ell, Fire Chief P27 STAFF REPORT CIT Y MANAGER'S OFFICE RANCHO Date: February 20, 2013 CUCAMONGA To: Mayor and Members of Housing Successor Agency John R. Gillison, City Manager From: Linda Daniels, Assistant City Manager By: Flavio Nunez, Management Analyst I/Planning Subject: Approval of A Resolution Authorizing the execution of a modification agreement to extend loan terms and authorizing subordination for the refinance of the Villa Del Norte Development RECOMMENDATION It is recommended the Housing Successor Agency Approve a Resolution Authorizing the execution of a modification agreement to extend loan terms and authorizing subordination for the refinance of the Villa Del Norte Development. BACKGROUND/ANALYSIS In 1994 the former Rancho Cucamonga Redevelopment Agency (Agency) entered into a Disposition and Development Agreement (DDA) with Northtown Housing Development Corporation (NHDC) for the construction of Villa Del Norte Apartments. Villa Del Norte Apartments is located at 9997 Feron Blvd. (Please see location map). Villa Del Norte is an 88-unit rental community of three-, four- and five- bedroom homes for low and moderate income families. Current rents are affordable to households earning 35, 45 and 60 percent of the County Area Median Income. The project was completed in 1996, and as part of the economic development efforts made by NHDC in partnership with the City, 40 local, low and moderate income residents were hired to assist with the construction of the project. Villa Del Norte has received various local and national awards, and for the past 17-years the property has provided a valuable source of affordable housing in the community. The Agency's partnership in the project included providing the land and a loan in the amount of $5,900,000.00 to NHDC. Today, NHDC is interested in making some needed rehabilitation improvements on the 17-year old complex (Please see attached letter from NHDC). Some of the proposed improvements include sustainability features such as energy star appliances, new window glazing systems, photovoltaic panels to produce energy in common areas and drought tolerant landscaping to name a few things. There are also proposed improvements to the interior units such as replacing all plumbing and electrical fixtures, water-heaters, HVAC units, cabinets and flooring. NHDC has proposed to refinance and re-syndicate Villa Del Norte Apartments to obtain the funding needed for the rehabilitation of the property. In order for NHDC to accomplish this they will need the City to issue a letter of commitment agreeing to the following terms. • Confirm that the transfer of Villa Del Norte to a new to-be-formed limited partnership, in which NHDC or an entity controlled by NHDC is a general partner, P28 APPROVAL OF A RESOLUTION AU 110RI"/_ING THE EXECUTION OF A MODIFICATION AGREEMENT PACE 2 TO EXTEND LOAN TERMS AND AUTI IORIZING SUBORDINATION FOR"TIME REFINANCE OF THE VILLA DII.NORTI?DEVELOPMENT FEBRUARY 20,20]3 • Modify the Loan Agreement and related promissory note and regulatory agreement to extend the term of the loan to 55 years from the date of the closing of the new financing with no other changes to the loan documents, and • Confirm that the City will subordinate the loan and related loan documents including the associated Regulatory Agreement to the new loans, lenders, and investors. The letter committing to these terms will be used by NHDC as they pursue funding from the California Tax Credit Allocation Committee. Given the current financial environment, there are no economically feasible alternatives or methods to refinancing the Development without subordination of the DDA, Loan, and Regulatory Agreement that are reasonably available to NHDC. Therefore staff recommends approval of the Resolution which authorizes the Mayor or City Manager to execute on behalf of the City the needed amendments to the promissory note; subordination, loan and regulatory agreements and any other documents that are needed to conclude this transaction. �Respectfully submitted-, D Linda Daniels Assistant City Manager Attachments: Location Map Northtown Housing Development Corporation Letter Resolution P29 RANCHO CUCAMONGA LOCATION MAP Igtesia Del Nazareno ' ' Route_ Arrow Route rAr Pizza Arrow Route �. D ° — — j _Akona St , Alpine St p '< - Salina S( - _0 ��I W .a Salina St � ' 1NC61C San Beirtardino 6 2 County }y # Z Employment Cucamonga Cucamonga o g o Elementary +Elementary Park 0 s, eeororyor $1 School '0 0 D � _ _i _ MtKinW_y,St,._- Cpncord Dr S. -- -Pine Grss¢M _ _ 28th Villa Del Norte n D 1 9997 Feron Blvd. 25th$f ,Ferori Blvd _-- - --� Feron Blvd ---- 'A Rancho -_LL Cucamonga 1 24th St D Middle School -- Big O Toes 4� `o Main St roan st • raai'n sr Old Town Park •,Hwnholl Avo -- 8th St_ " J 8th St _ Our Lady of LAt m .o .` Carmel Churr0' o oN P30 HOUSING_ D�� 8599 Haven Avenue, Suite 205, Rancho Cucamonga, CA 91730 '� -- 909/980-0465 • 909/481-7555 fax zz �'oxPOxATIO�- y� �NSTRUCCION RESIDENCE IA UifembPlao.Aafi,C.pm .l January 31, 2013 Linda Daniels Assistant City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Re: Villa del Norte Dear Ms. Daniels: I write to the City of Rancho Cucamonga, as the housing successor to the Redevelopment Agency of the City of Rancho Cucamonga ("Former Agency"), with regard to the Villa Del Norte development, an existing 88-unit multi-family affordable housing development located at 9997 Feron Blvd in the City of Rancho Cucamonga ("Development"). NHDC formed a limited partnership to own and operated the Development called North Town Housing Partners ("NTHP"). NTHP's general partner is North Town Townhomes, Inc., a California nonprofit public benefit corporation ("NTT["), which has the same board of directors and staff as Northtown Housing Development Corporation ("NHDC"). As you recall, the Former Agency assisted the Development by providing the land for the Development and a loan to NTHP in the original principal amount of$5,900,000 ("Loan"). NTHP obtained other lender financing for the Development and secured equity investment in the Development by syndicating the low income housing tax credits allocated to the Development. NHDC has recently acquired the limited partnership interest in NTHP and together with its affiliate NTT] wholly owns NTHP at this time. NHDC is planning to refinance and re-syndicate the Development, which will allow some needed rehabilitation of the Development. We are applying for new low income housing tax credits and new commercial loans. One element of the refinancing is to request the following from the City: 973\09\1275385.2 P31 January 31, 2013 Page 2 1. Confirm that the transfer of the Development from NTHP to a new to-be-formed limited partnership, in which NHDC or an entity controlled by NHDC is a general partner, is a Permitted Transfer under Section 5.4.c of the Disposition and Development Agreement, dated January 1, 1994, between the Former Agency and NHDC and Section 1.1.m of the Loan Agreement, dated September 26, 1994, between the Former Agency and NTHP ("Loan Agreement"). 2. Any transfer pursuant to item 1 above will not cause an acceleration of the Loan. 3. Modify the Loan Agreement and related promissory note and regulatory agreement to extend the term of the loan to the date 55 years from the date of the closing of the new financing with no other changes to the loan documents. 4. Confirm that the City will subordinate the Loan and the related loan documents, including the associated regulatory agreement, to any new loans and provide estoppel certificates as new lenders and investors may reasonably request. NHDC respectfully requests that that the City issues a letter committing to such terms in time for the application to the California Tax Credit Allocation Committee currently set for March 6, 2013. 1 have enclosed a form of that letter for your consideration, as well as a proposed modification agreement as an attachment to that letter and a draft City Council resolution for your consideration. Please let me know if you need any additional information. Thank you for continued courtesy in considering this request and the City's support for the Development. Sincerely, Rebeca Dennis Executive Director Enclosures (proposed letter with attached Modification Agreement and resolutions) 973\09\1275395.2 P32 RESOLUTION NO. 13-020 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF MODIFICATION AGREEMENT TO EXTEND LOAN TERM AND AUTHORIZING SUBORDINATION OF INTERESTS TO DEEDS OF TRUST SECURING CONSTRUCTION AND PERMANENT LOANS FOR THE REFINANCE OF THE VILLA DEL NORTE DEVELOPMENT AND RELATED MATTERS WHEREAS, the Redevelopment Agency of the City of Rancho Cucamonga (the "Former Agency") entered into a Disposition and Development Agreement (the "DDA") with North Town Housing Development Corporation, a California nonprofit public benefit corporation ("NHDC"), dated as of January 19, 1994, which NHDC subsequently assigned to North Town Housing Partners, a California limited partnership ("NTHP') pursuant to the terms of the DDA; WHEREAS, pursuant to the DDA, NTHP has constructed an 88 unit low and moderate income housing development located at 9997 Feron Boulevard known as Villa del Norte Apartments (the "Development"); WHEREAS, pursuant to a Loan Agreement, dated September 26, 1994, between the Former Agency and NTHP ("Loan Agreement"), the Former Agency made a loan of $5,900,000 (the "Loan") to the Developer for the construction and permanent financing of the Development, repayment of which is secured by a deed of trust on the Property (the "Deed of Trust"); WHEREAS, the Former Agency recorded a regulatory agreement containing rent and occupancy restrictions on the Development (the "Regulatory Agreement"), which includes rent and occupancy restrictions required to be imposed on the Development pursuant to Health and Safety Code Section 33334.3(f); WHEREAS, on February 1, 2012, the Former Agency was dissolved pursuant to California Health & Safety Code Section 34172; WHEREAS, the Rancho Cucamonga City Council approved Resolution No. 12- 032 on February 15, 2012 electing to become the housing successor to the Former Agency and to retain the housing assets and functions performed by the Former Agency in accordance with Health and Safety Code Section 34176; WHEREAS, NHDC is planning to refinance and re-syndicate the Development which will needed rehabilitation of the Development and accordingly NTHP will transfer the Development to a new limited partnership in which NHDC or its affiliate is the managing general partner and will apply for new low income housing tax credits and new commercial and other loans for the Development; 1 973\09\1276458.2 with 1276458.1 Redline- 1284810.I.DOCX P33 WHEREAS, the applications for new low income housing tax credits and loans for the Development will be more competitive if the City, as housing successor reaffirms the Loan assistance to the Development, confirms the transfer to the new partnership is a permitted transfer under the DDA and the Loan Agreement, confirms to extend the term of the Loan and Regulatory Agreement and commits to subordinate the liens of the Deed of Trust and Regulatory Agreement to the new financing for the Development; WHEREAS, given the current lending environment, the makers of the new loans ("Lenders") will require that the City as housing successor, subordinate its interests in the Development including the DDA, the Deed of Trust and the Regulatory Agreement to new loans to be provided by the Lenders; and WHEREAS, Section 33334.14 of the Health and Safety Code requires that certain findings be made prior to subordination of the Regulatory Agreement and the DDA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AS SUCCESSOR TO THE HOUSING ASSETS AND FUNCTIONS OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA ("HOUSING SUCCESSOR") RESOLVES AS FOLLOWS: 1. The City, as housing successor confirms that the transfer of the Development from NTHP to a new to-be-formed limited partnership, in which NHDC or an entity controlled by NHDC is a general partner, is a Permitted Transfer under Section 5.4.c of the DDA and Section 1.1.m of the Loan Agreement. 2. The City, as housing successor confirms and commits that any transfer pursuant to item 1 above will not cause an acceleration of the Loan. 3. The City, as housing successor commits to modify the Loan Agreement, related promissory note and Regulatory Agreement to extend the term of the Loan to the date 55 years from the date of the closing of the new financing with no other changes to the financing terms in the Loan documents. 4. The City Council, as housing successor finds that, given the current financial environment, there are no economically feasible alternative methods of refinancing the Development without subordination of the DDA, Loan, Deed of Trust and Regulatory Agreement that are reasonably available. 5. The City, as housing successor commits that the City will subordinate the Loan and the related Loan documents, including the DDA, Deed of Trust and Regulatory Agreement, to any new loans for the Development, provided the subordination agreements provide the City notice and cure rights, and the City, as housing successor further commits to provide estoppel certificates regarding the status of the Loan as new lenders and investors may reasonably request. 2 973\09\1276458.2 with 1276458.1 Redline- 1284810.I.DOCX P34 6. The City, as housing successor authorizes the Mayor or City Manager, acting alone, to execute subordination agreements on behalf of the City which will subordinate the Loan, the DDA, the Deed of Trust and the Regulatory Agreement, as modified pursuant to this Resolution, to the new loans to the Development to be provided by the Lenders, in the form approved by the City signatory and City Attorney, such approval to be evidenced by the execution of such agreements, provided such agreements give the City notice and time to cure any borrower defaults under the senior Lenders loan documents ("Subordination Agreements"). 7. The City, as housing successor authorizes the Mayor or the City Manager, acting alone, to execute modification agreements or amendments to modify the Loan documents to extend the term of the Loan and Regulatory Agreement, the Subordination Agreements, letters and other documents evidencing the City's commitments as set forth in this Resolution and all documents necessary and appropriate to effectuate the purposes set forth in this Resolution. 8. The Resolution shall become effective immediately upon its passage and adoption. PASSED, APPROVED, and ADOPTED this day of , 2013. AYES: NOES: ABSENT: Mayor ATTEST: Secretary ATTEST: City Clerk 3 973\09\1276458.2 with 1276458.1 Redline- 1284810.I.DOCX CITY OF RANCHO CUCAMONGA P35 Agenda Check Register 1/30/2013 through 2/12/2013 Check No. Check Date Vendor Name Amount AP 00333246 2013/02/071 AIRGAS USA LLC 147.46 AP 00333246 2013/02/071 AIRGAS USA LLC 52.85 AP 00333246 2013/02/071 AIRGAS USA LLC 94.60 AP 00333246 2013/02/071 AIRGAS USA LLC 54.82 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 151.93 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 1,665.44 AP 00333250 2013/02/07 I CUCAMONGA VALLEY WATER DISTRICT 40.05 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 64.22 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 100.46 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 158.41 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 811.31 AP 00333250 2013/02/07 f CUCAMONGA VALLEY WATER DISTRICT 258.93 AP 00333250 2013/02/07 I CUCAMONGA VALLEY WATER DISTRICT 189.19 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 154.38 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 95.60 AP 00333250 2013/02/07 I CUCAMONGA VALLEY WATER DISTRICT 72.58 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 46.40 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 326.61 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 475.13 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 262.69 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 554.95 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 211.87 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 184.53 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 802.47 ' AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 137.35 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 314.98 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 103.70 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 60.98 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 283.37 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 672.27 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 336.01 AP 00333250 2013/02/07 l CUCAMONGA VALLEY WATER DISTRICT 279.61 AP 00333250 2013/02/07 l CUCAMONGA VALLEY WATER DISTRICT 524.01 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 958.03 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 413.53 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 48.02 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 579.26 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 30.77 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 1,559.99 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 27.53 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 81.98 User: VLOPEZ- VERONICA LOPEZ Page: 1 Current Date: 02/13/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 07:2 CITY OF RANCHO CUCAMONGA P36 Agenda Check Register 1/30/2013 through 2/12/2013 Check No. Check Date Vendor Name Amouni AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 160.03 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 70.70 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 40.05 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 105.32 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 116.66 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 102.08 AP 00333250 2013/02/07 l CUCAMONGA VALLEY WATER DISTRICT 35.63 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 93.06 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 55.20 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 185.95 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 143.10 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 2,638.64 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 134.16 AP 00333250 2013/02/07 ( CUCAMONGA VALLEY WATER DISTRICT 69.08 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 117.70 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 97.22 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 843.35 AP 00333250 2013/02/071 CUCAMONGA VALLEY WATER DISTRICT 119.90 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 55.27 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 153.55 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 46.40 AP 00333250 2013/02/07( CUCAMONGA VALLEY WATER DISTRICT 182.91 AP 00333259 2013/02/07( NEC CORPORATION OF AMERICA 514.77 AP 00333259 2013/02/07 ( NEC CORPORATION OF AMERICA 1,036.00 AP 00332761 2013/01/30( ABRAMS,JOHN 401.80 AP 00332829 2013/01/30 l GONSALVES AND SON,JOE A 3,000.00 AP 00332835 2013/01/30( HAMILTON,MONIQUE 68.00 AP 00332835 2013/01/30( HAMILTON,MONIQUE 44.00 AP 00332835 2013/01/301 HAMILTON,MONIQUE 132.00 AP 00332835 2013/01/301 HAMILTON,MONIQUE 99.00 AP 00332835 2013/01/30( HAMILTON, MONIQUE 156.00 AP 00332850 2013/01/30( JIMENEZ, RUBEN 72.00 AP 00332909 2013/01/30( ROADRUNNER PHARMACY 371.22 AP 00332918 2013/01/30( SAN BERNARDINO CTY OFFICE OF THE ASSESS( 840.00 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 52.72 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 52.72 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 25.56 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 88.33 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 81.86 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 25.95 AP 00332940 2013/01/30 ( SOUTHERN CALIFORNIA EDISON 2.87 AP 00332940 2013/01/30 ( SOUTHERN CALIFORNIA EDISON 25.56 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 25.68 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 26.63 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 02/13/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 07:2 CITY OF RANCHO CUCAMONGA P37 Ailenda Check Register 1/30/2013 through 2/12/2013 Check No. Check Date Vendor Name Amount AP 00332940 2013/01/301 SOUTHERN CALIFORNIA EDISON 110.44 AP 00332940 2013/01/30 l SOUTHERN CALIFORNIA EDISON 2.89 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 3.69 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 68.17 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 30.21 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 128.10 AP 00332940 2013/01/30 l SOUTHERN CALIFORNIA EDISON 107.99 AP 00332940 2013/01/30 l SOUTHERN CALIFORNIA EDISON 66.95 AP 00332940 2013/01/30 1 SOUTHERN CALIFORNIA EDISON 39.84 AP 00332940 2013/01/30 I SOUTHERN CALIFORNIA EDISON 25.69 AP 00332940 2013/01/30 l SOUTHERN CALIFORNIA EDISON 44.55 AP 00332940 2013/01/30 1 SOUTHERN CALIFORNIA EDISON 52.04 AP 00332940 2013/01/301 SOUTHERN CALIFORNIA EDISON 25.69 AP 00332940 2013/01/30 1 SOUTHERN CALIFORNIA EDISON 33.38 AP 00332940 2013/01/301 SOUTHERN CALIFORNIA EDISON 25.55 AP 00332940 2013/01/301 SOUTHERN CALIFORNIA EDISON 27.76 AP 00332940 2013/01/30 1 SOUTHERN CALIFORNIA EDISON 25.55 AP 00332940 2013/01/301 SOUTHERN CALIFORNIA EDISON 25.84 AP 00332940 2013/01/301 SOUTHERN CALIFORNIA EDISON 130.48 AP 00332940 2013/01/301 SOUTHERN CALIFORNIA EDISON 24.86 AP 00332940 2013/01/301 SOUTHERN CALIFORNIA EDISON 25.55 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 25.69 AP 00332940 2013/01/30 ( SOUTHERN CALIFORNIA EDISON 25.69 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 25.69 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 24.90 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 326.08 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 272.81 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 25.00 AP 00332940 2013/01/30( SOUTHERN CALIFORNIA EDISON 25.00 AP 00332940 2013/01/30 l SOUTHERN CALIFORNIA EDISON 25.15 AP 00332940 2013/01/301 SOUTHERN CALIFORNIA 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No. Check Date Vendor Name Amoum AP 00333142 2013/02/06( MYERCHIN,NICOLE 868.80 AP 00333177 2013/02/06 l RICHARDSON,ANGELA 30.00 AP 00333192 2013/02/06( SHERIFFS COURT SERVICES 30.51 AP 00333231 2013/02/06 l WARREN&CO INC,CARL 695.48 AP 00333231 2013/02/061 WARREN& CO INC,CARL 800.80 AP 00333231 2013/02/061 WARREN&CO INC,CARL 181.60 AP 00333231 2013/02/06( WARREN&CO INC,CARL 422.84 AP 00333231 2013/02/06( WARREN&CO INC,CARL 415.53 AP 00333231 2013/02/06( WARREN&CO INC, CARL 445.92 AP 00333231 2013/02/06( WARREN&CO INC,CARL 276.63 AP 00333231 2013/02/06( WARREN&CO INC,CARL 125.43 AP 00333231 2013/02/06( WARREN& CO INC,CARL 394.75 AP 00333231 2013/02/06( WARREN&CO INC,CARL 342.80 AP 00333231 2013/02/06( WARREN& CO INC,CARL 287.02 AP 00333231 2013/02/06( WARREN& CO INC,CARL 258.55 AP 00333248 2013/02/07( BRODART BOOKS 8.96 AP 00333248 2013/02/07( BRODART BOOKS 6.64 AP 00333248 2013/02/07( BRODART BOOKS 6.64 AP 00333248 2013/02/07( BRODART BOOKS 6.64 AP 00333248 2013/02/07 l BRODART BOOKS 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00333248 2013/02/07 ( BRODART BOOKS 4.48 AP 00333248 2013/02/07 ( BRODART BOOKS 44.80 AP 00333248 2013/02/07 ( BRODART BOOKS 46.96 AP 00333248 2013/02/07 l BRODART BOOKS 4.48 AP 00333248 2013/02/07 ( BRODART BOOKS 40.32 AP 00333248 2013/02/07( BRODART BOOKS 4.48 AP 00333248 2013/02/07( BRODART BOOKS 13.44 AP 00333248 2013/02/07( BRODART BOOKS 13.44 AP 00333248 2013/02/07 l BRODART BOOKS 6.64 AP 00333248 2013/02/07( BRODART BOOKS 40.32 AP 00333248 2013/02/07( BRODART BOOKS 46.96 AP 00333248 2013/02/07 l BRODART BOOKS 6.64 AP 00333248 2013/02/07 l BRODART BOOKS 4.48 AP 00333248 2013/02/07 ( BRODART BOOKS 13.44 AP 00333248 2013/02/07( BRODART BOOKS 4.48 AP 00333248 2013/02/07( BRODART BOOKS 6.64 AP 00333248 2013/02/07( BRODART BOOKS 4.48 EP 00003128 2013/02/06( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 6,875.00 EP 00003128 2013/02/06( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 1,480.00 EP 00003129 2013/02/06( RCPFA 9,122.36 Total for Entity: 1,537,517.69 _ User: VLOPEZ-VERONICA LOPEZ Page: 40 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N N O 0 0 0 0 0 s m m m yrc o 0 m N O O O O O Y O O O O O O m N N O O N V C N y O O O O O l7 ' liNl N N N b m N N m W h N O O N C £ d « t M d N °O °o °o °0 0o C N C N o °o o °o °o y l`9 a n °N °o o o OLO y Cc p p c C O ' 7 O IL U a0 a S o dm o 0 mu o 0 0 q C O O O A O O j W O O o Q m O O O oN Y o Z ¢ d v w m O o w U U LL a w v Z m W m m O V LL V f a y a # N N d Y U E m y a m i N O � O oai U � u m O C o m 2 a Q�Q o w � W 6 m y C FP8� A p LL 0 c a � a � a 0 o e u o 0 0 c A O O O q O O O (O O O O N O N r V N p q O C q O j ; O 6 d L_ E3 0 CD N n ° s u y C �O D M a0 � 7 w E CL C l6 ~ t 7 C T Of O lE m 7 � -0 m D N ~ O a d d R c A N O O O a a N N `u a m d u c Y � C u A 1 a m N � C ` n d U m u o c y d C m Q V � O U U LL 0 rc P86 STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT Date: February 20, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager /� From: James C. Frost, City Treasure By: Lori E. Sassoon, Deputy City Manager/Administrative Services r/ Subject: ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY RECOMMENDATION: The City Council reviews the Statement of Investment Policy on an annual basis. It is recommended that the City Council approve and adopt the attached Statement of Investment Policy for the City of Rancho Cucamonga. BACKGROUND: ' California Government Code Section 53646 requires that the City Treasurer or Chief Fiscal Officer shall annually render to the City Council a Statement of Investment Policy, which shall be considered at a public meeting. Further, the City Council shall also consider any modifications to the investment policy at a public meeting. The City Council originally adopted a Statement of Investment Policy in July 1987. The City's Investment Policy and practices are based upon federal, state, and local law, as well as prudent money management. The primary goals of the City's policy are to ensure compliance with all federal, state and local law governing the investment of monies under the control of the City Treasurer; to protect the City's assets; and to invest public funds prudently. The City Treasurer is authorized to invest the City's funds in accordance with the California Government Code Section 53600 and the investment policy adopted by the City Council. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report, and Council receives a monthly Portfolio Summary of investment earnings provided at scheduled Council meetings. The City continues to maintain an investment strategy more conservative than required under State law. Additionally, the City Treasurer and Finance staff continue to monitor legislation, government code amendments, and professional practices pertaining to investing of public funds, ensuring legal updates are reflected in the City's Statement of Investment Policy. This year there have been no changes to State law that would require modifications to the existing investment policy. P87 ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY PAGr 2 FEBRUARY 20,2013 Respectfully submitted, Vames"C. Frost City Treasurer Attachments vj w r I 1 RANCHO CUCAMONGA STATEMENT OF INVESMENT POLICY 2013 Prepared by the Administrative Services Department James C. Frost, Treasurer Lori E. Sassoon, Deputy City Manager/Deputy Treasurer P89 STATEMENT OF INVESTMENT POLICY CITY OF RANCHO CUCAMONGA INTRODUCTION The investment policy and practices of the City of Rancho Cucamonga are based upon state law, prudent money management and the "prudent person" standards. This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and outline the policies for maximizing the efficiency of the City's cash management system. The primary goal of this policy is to enhance the economic status of the City by protecting its pooled cash and to invest public funds to: 1. Meet the daily cash flow needs of the City. 2. Comply with all laws of the State of California regarding investment of public funds. 3. Achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default. SCOPE The investment policy applies to all investment activities of the City of Rancho Cucamonga. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report and include: General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Proprietary Funds, Trust and Agency Funds. Any new fund established by the City Council shall automatically be reflected in the Investment Policy. Bond proceeds shall be invested in accordance with the requirements and restrictions outlined in bond documents as approved by the City Council. Guidelines presented herein are not intended to apply to bond proceeds held by the City or by fiscal agents or trustees for bond holders of City debt. PRUDENCE/EVALUATION OF INVESTMENT OFFICER ACTIONS The actions of the City Treasurer and/or his appointed designee in the performance of their duties as managers of public funds shall be evaluated using the following "prudent person" standard applied in the context of managing the overall portfolio: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the professional management of their business affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Rev: 2/2013 1 P90 The City Treasurer and/or his appointed designee acting in accordance with the investment policy and the "prudent person" standard and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that substantial deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments whenever possible. OBJECTIVE The City of Rancho Cucamonga operates its temporary pooled idle cash investment under the "Prudent Person" standard. This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600, et. seq.) and other legal restrictions as the City may impose from time to time. The objective of the investment portfolio is to meet the short and long term cash flow demands of the City. To achieve this objective, the portfolio will be structured to provide Safety of Principal and Liquidity, while then providing a reasonable return on investments. The City may direct its fiscal agents to invest funds associated with bonds or debt issues pending disbursement or reinvestment in "money market mutual funds" that are shares of beneficial interest issued by diversified management companies. The criteria for "money market mutual funds" are more specifically described in California Government Code § 53601(1). INVESTMENT OBJECTIVES Security purchases and holdings will be maintained within statutory limits imposed by Government Code. City policy has been to limit investments more stringently than required under state law. Criteria for selecting investments and the order of priority are: 1. Safety - The safety and risk associated with an investment refers to the potential loss of principal, interest, or combination thereof. The City only operates in those investments that are considered safe. Investments shall be undertaken in a manner that seeks to ensure that capital losses resulting from institution default, broker/dealer default, or the erosion of market value are avoided. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. • Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in only high quality securities and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm City cash flow. Rev:2/2013 2 P91 • Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by structuring the portfolio. It is explicitly recognized, however, that in a diversified portfolio, occasional measured losses may occur, and must be considered within the context of overall investment return. 2. Liquidity - This refers to the ability to sell these securities and terminate the agreement in order to receive cash at any moment in time with minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occasionally occurs. The City's investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that might be reasonably anticipated. Invested bond proceeds will be structured so as to meet anticipated drawdown requirements. 3. Yield - The City's investment portfolio shall be designed with the objective of attaining a reasonable market rate of return throughout economic cycles, as long as it does not diminish the objectives of Safety and Liquidity. ETHICS AND CONFLICTS OF INTEREST The Treasurer/Deputy Treasurer and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers shall disclose any material financial interest in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio, particularly with regard to the time of purchases and sales. The Treasurer/Deputy Treasurer or investment employees are required to file annual disclosure statements as required by the Fair Political Practices Commission(FPPC). AUTHORIZED BROKER/DEALERS The City will transact business only with approved investment securities broker/dealers that are approved as an authorized broker/dealer in compliance with the City selection process. The Treasurer shall request all broker/dealers that wish to do business with the City to provide proof of capitalization to meet the City's needs, and agree to abide by the conditions set forth in this Investment Policy. All broker/dealers who want to become qualified bidders for investment transactions must have offices in the State of California and provide a current audited financial statement and complete the appropriate City Broker Dealer Questionnaire and Certification. The Treasurer will maintain a list of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services to the City. Rev:2/2013 3 P92 The City shall at least annually send a copy of the current investment policy to authorized broker/dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered evidence that the broker/dealer has read and understands the City's investment policy and will recommend and execute only transactions suitable for and in compliance with the City's investment policy. AUTHORIZED INVESTMENTS The City is authorized by California Government Code Section 53600, et. seq. to invest in specific types of securities. The City has further limited the types of securities in which it may invest. Any security not listed is not a valid investment for the City. The concise list of approved securities is as follows: MAXIMUM INVESTMENTSIDEPOSITS PERCENTAGES MATURITY* (See Government Code Section 53601) Securities of the U.S. Government, or its agencies Unlimited 5 years The Treasurer may invest in bonds, debentures, notes, discount notes, and certain callable and step-up notes** issued by the following United States Government Agencies:Federal Home Loan Bank(FHLB), Federal National Mortgage Association(FNMA), Federal Home Loan Mortgage Corporation(FHLMQ, Federal Farm Credit Banks(FFCB). Municipals (Warrants,Notes & Bonds) 30% 5 years Taxable or tax-exempt bonds, notes, warrants, or other evidences of indebtedness of the State or any local agency within the State of California with a minimum long-term rating of either "AI"by Moody's Investors Service, or "A+"by Standard&Poor's, the minimum short-term rating of either "MIG I"by Moody's Investors Service, or "SP-I"by Standard&Poor's, (the minimum rating shall apply to any agency, irrespective of any credit enhancement), including bonds, notes, warrants, or other evidences of indebtedness payable solely out of the revenues from a revenue producing property owned, controlled, or operated by either the State or local agency, a department, board, agency, or authority of the State or local agency, or of any local agency within this state. Certificates of Deposit (or Time Deposits) Unlimited 5 years Placed with commercial banks andlor savings and loan companies. Negotiable Certificates of Deposit 30% 5 years FDIC—Insured Certificates of Deposit 30% 5 years Banker's Acceptances 40% 180 days Commercial Paper 25% 270 days Investments in Commercial Paper must be only with corporations having assets in excess of$500,000,000. Must be of"prime"quality of the highest rating or of the highest letter and numerical rating as provided for by Moody's Investor's Service Inc. or Standard & Poor's Corporation. Short term rating of at least A' or AI/PI'and a long-term rating of A'is required. Purchases of commercial paper are limited to no more than 10%of the outstanding commercial paper of any single issuer. Local Agency Investment Fund (State Pool) Demand Deposits 50 MM*** Daily Liquidity Rev:2/2013 4 P93 AUTHORIZED INVESTMENTS—(Continued) MAXIMUM INVESTMENTSIDEPOSITS PERCENTAGES MATURITY* Joint Powers Authority (JPA) Investment Pool (Short-Term) 10% Daily Liquidity Deposit of Funds (See Government Code - n/a Section 53630 - Ref. C) Repurchase Agreements (Repos) 20% 1 year The market value of the securities that underlay the repurchase agreement must be valued at 102%or greater of the funds borrowed against the securities and the value must be adjusted no less than quarterly. An executed Master Repurchase Agreement must be on file. Medium Term Corporate Notes 30% 5 years Investments in Medium Term Corporate Notes must be issued by corporations organized and operating within the United States. Securities eligible for investment must be rated "AA" or better by Moody's or Standard& Poor's rating services. Investment Agreements**** 5% 397 days Investment agreements, guaranteed investment contracts,funding agreements, or any other form of corporate note which represents the unconditional obligation of one or more banks, insurance companies or other financial institutions, or are guaranteed by a financial institution, which has an unsecured rating, or which agreement is itself rated, as of the date of execution thereof, in one of the two highest rating categories by two or more rating agencies; or, which are collateralized at least 100%with U.S. Government securities. * Maximum term unless expressly authorized by Governing Body and within the prescribed time frame for said approval. **Step-up notes -A step-up note is a financial instrument whose value "depends on"or is "derived from"the value of an underlying asset, reference rate, or index often known generically as a type of derivative. Investments in this type of instruments are limited to debt securities that have periodic increases, or step-up interest rate adjustments that provide upward mobility in yield return. Investments in debt securities, which contain a callable feature are also allowable. ***Limit set by Local Agency Investment Fund(LAIF) Governing Board, not Government Code. ""Percentage**Percentage limits for Investment Agreements are not intended to apply to bond funds held by the City or by Fiscal Agents or Trustees, in which investment of such funds is under the City's control or direction. INVESTMENT POOLS The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California's local governments and special districts authorized by the California Government Code. LAIF is managed by the State Treasurer's Office with oversight by the Local Agency Investment Advisory Board. Rev:2/2013 5 P94 The City's participation in LAIF was approved by City Council with other authorized investments on July 1987. It is a permitted investment with the knowledge that the fund may invest in some vehicles allowed by statute but not otherwise authorized under the City's authorized investments. All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480. All investments are purchased at market, and market valuation is conducted monthly. The City may also invest in shares of beneficial interest issued by a joint powers authority ("JPA") organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations specified in the code and which shall have retained an investment advisor that meets the following criteria: 1. Be registered or exempt from registration with the Securities and Exchange Commission. 2. Have not less than five (5) years of experience investing in the securities and obligations authorized herein, and 3. Have assets under management in excess of five hundred million dollars. SAFEKEEPING OF SECURITIES Securities purchased from broker/dealers shall be held by third party bank or other designated third party trust department acting as agent for the City under the terms of a custody agreement executed by the bank and City. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures. Certificate of Deposit securities are held in the City's vault. No outside broker/dealer or advisor may have access to City funds, accounts or investments, and any transfer of funds to or through an outside broker/dealer must be approved by the City Treasurer/Deputy Treasurer. The City strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the City Treasurer. DIVERSIFICATION The City will diversify its investments by security type, issuers, and maturities. The purpose of diversifying is to reduce overall portfolio risks while attaining an average market rate of return; therefore, it needs to be conceptualized in terms of maturity, instrument types and issuer. INDEPENDENT REVIEW Outside, independent auditors are required to perform an annual review of the City's Investment Policy, process, and internal controls. The review process is performed as part of the City's annual external audit. Rev:2/2013 6 P95 REPORTING The Treasurer shall prepare and submit a monthly investment report to the City Council and City Manager, which shall include all securities, excluding those held by and invested through trustees. The report shall include the following: • The type of investment, name of the issuer, date of purchase, date of maturity, par and dollar amount invested in all securities. • The weighted average maturity of the investments. • Any funds, investments, or programs including loans that are under the management of contracted parties. • The current market value and source of the valuation. • A description of the compliance with the Statement of Investment Policy. • A statement of the City's ability to meet its pooled expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may not be available. The City Treasurer shall be responsible for reviewing and modifying investment guidelines as conditions warrant and is required to submit same for re-approval to the City Council on an annual basis with or without changes. However, the City Treasurer may, at any time, further restrict the items approved for purchase as deemed appropriate. The basic premise underlying the City's investment philosophy is, and will continue to be, to ensure that money is always safe and available when needed. (]J; ?es C. Frost Date City Treasurer City of Rancho Cucamonga Rev:2/2013 7 P96 City of Rancho Cucamonga Statement of Investment Policy GLOSSARY OF TERMS ACCRUED INTEREST — Interest that has accumulated but has not yet been paid from the most recent interest payment date or issue date to a certain date. AGENCY ISSUES — Securities issued by federal agencies, those chartered by the federal government or Government Sponsored Enterprises that are considered to be backed by the federal government. AMORTIZED COST—The original cost of the principal adjusted for the periodic reduction of any discount or premium from the purchase date until a specific date (also called "Book Value"). BANKERS' ACCEPTANCE — Money market instrument created from transactions involving foreign trade. In its simplest and most traditional form, a banker's acceptance is merely a check, drawn on a bank by an importer or exporter of goods. BASIS POINT — One basis point is one hundredth of one percent (.01). As an example, the difference between a security yielding 3.25% and one yielding 3.20% is five basis points. BEAR MARKET—A period of generally pessimistic attitudes and declining market prices. BENCHMARK—An index or security used to compare the performance of a portfolio. BID PRICE — The price at which a broker/dealer will buy securities from an investor. (When you are selling securities, you ask for a bid). BOND — A long-term debt instrument of a government or corporation promising payment of the original investment plus interest by a specified future date. BOND EQUIVALENT YIELD—The basis on which yields on notes and bonds are quoted. BOOK VALUE (COST VALUE) — The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount. BROKER/DEALER—An individual or firm acting as principal in a securities transaction. BULL MARKET—A period of generally optimistic attitudes and increasing market prices. BULLET—A colloquial term for a bond that cannot be redeemed, or called, prior to maturity. CALLABLE BOND — A bond in which all or a portion of its outstanding principal may be redeemed prior to maturity by the issuer under specified conditions. CERTIFICATE OF DEPOSIT (CD) —A time deposit with a specific maturity evidenced by a certificate. Large denomination CD's are typically negotiable. COLLATERAL — Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER — Money Market instrument representing an unsecured short-term promissory note of a corporation at a specified rate of return for a specified period of time. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) —The official annual financial report for the City. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). - 1 - P97 City of Rancho Cucamonga Statement of Investment Policy CONSTANT MATURITY TREASURY (CMT) — An average yield of a specific Treasury maturity sector for a specific time frame. This is a market index for reference of past direction of interest rates for the given p p 9 Treasury maturity range. COUPON — The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. CREDIT RATING — A standardized assessment, expressed in alphanumeric characters, of a company's creditworthiness. CREDIT RISK—The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. CUSIP — A unique identifier for a security developed by the Committee of Uniform Security Identification Procedures (CUSIP). The identifier is a nine-digit alphanumeric character. The first six characters identify the issuer, the following two identify the issue, and the final character is a check digit. CUSTODY — A banking service that provides safekeeping for the individual securities in a customer's investment portfolio under a written agreement which also calls for the bank to collect and pay out income, and to buy, sell, receive and deliver securities when ordered to do so by the principal. DEBENTURE—A bond secured only by the general credit of the issuer. DELIVERY VS PAYMENT (DVP) — Delivery of securities with a simultaneous exchange of money for the securities. DERIVATIVES — Financial products that are dependent for their value on (or derived from) an underlying financial instrument, a commodity, or an index representing values of groups of such instruments or assets. DISCOUNT INSTRUMENTS— Securities that are sold at a discount to face value. DIVERSIFICATION — The practice or concept of investing in a range of securities by sector, maturity, asset class or credit quality in order to reduce and spread financial risk. DURATION — A measure of the timing of the cash flows to be received from a given fixed income security. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. FACE VALUE — The principal amount owed on a debt instrument. It is the amount on which interest is computed and represents the amount that the issuer promised to pay at maturity. FED WIRE —A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed System. FEDERAL CREDIT AGENCIES — Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S & L's small business firms, students, farmers, farm cooperatives, and exports. FEDERAL FUNDS RATE — The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANKS (FHLB) — Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district bank. -2 - P98 City of Rancho Cucamonga Statement of Investment Policy FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae) — FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae is a private stock-holder- owned corporation. The corporation's purchase includes a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL OPEN MARKET COMMITTEE (FOMC) — Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM — The central bank of the United States which consists of a seven member Board of Governors 12 regional banks and 5,700 commercial banks that are members. FISCAL AGENT — A financial institution with trust powers which acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract. FULL FAITH AND CREDIT — The unconditional guarantee of the United States Government backing a debt for a repayment. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae) — Securities influencing the volume of bank credit guaranteed by GNMA and issued by savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie May securities are backed by the FHA, VA, or FMHM mortgages. The term "pass-through's" is often used to describe Ginnie Maes. GOVERNMENT OBLIGATIONS — Securities issued by the U.S. Treasury and Federal Agencies. U.S. Treasuries are direct obligations of the Federal Government. Agencies are not direct obligations of the Federal Government, but involve Federal sponsorship or guarantees. INTEREST RATE RISK — The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value. Also called "Market Risk". INVESTMENT AGREEMENTS — An agreement with a financial institution to borrow public funds subject to certain negotiated terms and conditions concerning collateral, liquidity and interest rates. INVESTMENT PORTFOLIO — A collection of securities held by a bank, individual, institution or government agency for investment purposes. LIBID — London Interbank bid rate. LIBOR— London Interbank offered rate. LIQUIDITY— Refers to the ability to rapidly convert an investment into cash. LOCAL AGENCY OBLIGATION —An indebtedness issued by a local agency, department, board, or authority within the State of California. LOCAL AGENCY INVESTMENT FUND (LAIF) — The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LONG-TERM—The term used to describe a security when the maturity is greater than one year. - 3 - P99 City of Rancho Cucamonga Statement of Investment Policy MARK TO MARKET—Current value of securities at today's market price. MARKET RISK—The risk that the security will be difficult to sell. MARKET VALUE—The price at which a security is trading and could presumably be purchased or sold. MATURITY—The date upon which the principal or stated value of an investment becomes due and payable. MEDIUM TERM NOTES (MTN) — These are Corporate Notes and Bank Notes that are debt obligations of banks, corporations, and insurance companies. They are issued at a specific rate of return for a specific period of time. MONEY MARKET INSTRUMENTS — Private and government obligations of one year or less (flexible in some arenas; under five years would still be considered a money market). NEGOTIABLE CERTIFICATE OF DEPOSIT—A Money Market instrument representing a receipt from a bank for a deposit at a specified rate of interest for a specified period of time that is traded in secondary markets. NEW ISSUE—The first offering of a security. NONCALLABLE—Security that does not contain a call provision. ORIGINAL ISSUE DISCOUNT (OID)—Security priced at a discount at time of issuance. PAPER GAIN OR LOSS — Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value. PAR —The stated maturity value, or face value, of a security. PORTFOLIO—Collection of securities held by an investor. PREMIUM —The amount by which the price paid for a security exceeds the par value. Also, the amount that must be paid over the par value to call an issue before maturity. PRIMARY DEALER —A group of dealers and banks that can buy and sell securities directly with the Federal Reserve Bank of New York. PRUDENT PERSON RULE - An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state--the so- called legal list. In other states the trustee may invest in a security if it is one, which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN -The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond; the current income return. REPURCHASE AGREEMENT (REPO) —A repurchase agreement consists of two simultaneous transactions. One is the purchase of securities by an investor (i.e., the County), the other is the commitment by the seller (i.e. a broker/dealer) to repurchase the securities at the same price, plus interest at some mutually agreed future date. REVERSE REPURCHASE AGREEMENT (REVERSE REPO) — The mirror image of Repurchase Agreements. In this instance the County Pool is the seller of securities to an investor(i.e. brokers). -4 - P100 City of Rancho Cucamonga Statement of Investment Policy RISK— Degree of uncertainty of return on an asset. SAFEKEEPING —See Custody. SALLIE MAE - Trade name for the Student Loan Marketing Association (SLMA), a U.S. sponsored corporation. SECONDARY MARKET — A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION - Agency created by Congress to protect investors in securities transactions by administering securities legislation. SPREAD - Difference between the bid and the ask, or offer. STRUCTURED NOTES - Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations that have imbedded options (e.g., call features, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. SHORT-TERM—The term used to describe a security when the maturity is one year or less. TREASURY BILLS — A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY NOTES - Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. WHEN ISSUED BASIS (WI) —A term applied to securities that are traded before they are actually issued with the stipulation that transactions are null and void if securities are not issued. YIELD - The annual rate of return on an investment expressed as a percentage of the investment. Income yield is obtained by dividing the current dollar income by the current market price for the security. YIELD CURVE — The yield on bonds, notes or bills of the same type and credit risk at a specific date for maturities up to thirty years. YIELD TO MATURITY — The current coupon yield minus any premium above par, or plus any discount from par in the purchase price with the adjustment spread over the period from date of purchase to maturity. Treasury\Annual Investment Policies 12\GLOSSARY12.doc - 5 - 101 STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT Date: February 20, 2013 RANCHO C;UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Keri Hinojos, CPPB, Senior Buyer Subject: AUTHORIZATION TO AWARD THE PURCHASE OF ONE (1) ONE TON COMPRESSED NATURAL GAS POWERED DRW LANDSCAPE BED TRUCK FROM REYNOLDS BUICK, OF COVINA, CALIFORNIA, IN ACCORDANCE WITH REQUEST FOR BIDS ("RFB") #12/13-007 (REPLACING UNIT #2131) IN THE AMOUNT OF $47,000.00 FROM ACCT. NO. 1105208-5604 (AB2766 AIR QUALITY IMPROVEMENT); AND AUTHORIZE AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $9,689.74 FROM FUND105 FUND BALANCE RECOMMENDATION It is recommended that the City Council authorize the purchase of one (1) One Ton Compressed Natural Gas Powered DRW Landscape Bed Truck from Reynolds Buick, of Covina, California, in accordance with request for bids ("RFB") #12/13-007 (replacing Unit #2131) in the amount of $47,000 from account number 1105208-5604 (AB2766 Air Quality Improvement); and authorize an additional appropriation in the amount of $9,689.74 from fund 105 fund balance. BACKGROUND/ANALYSIS City Council approved the purchase of one (1) One Ton DRW Landscape Bed Truck in the adopted FY 2012/13 budget as a part of the AB2766 Air Quality Improvement Fund. The Public Works Services Department provided specifications to the Purchasing Department for the purchase of this vehicle. Purchasing prepared and posted to the City's bid system, RFB #12/13-007. Sixty (60) vendors were notified; fifteen (15) vendors downloaded the RFB, and four (4) responses were received. After analysis of the bid response by the Fleet Supervisor, Streets, Storm Drains and Fleet Superintendent and Purchasing Staff, it has been determined to be in the City's best interest to recommend an award to Reynolds Buick, of Covina, California, for one (1) One Ton Compressed Natural Gas Powered DRW Landscape Bed Truck, as the most responsive, responsible bidder that met the specifications required by the Public Works Services Department. All applicable bid documentation is on file in the Purchasing Department and can be downloaded from the City's Bid system. Respectfully bmitted, William Wittkopf Public Works Services Director WW/ER*h *SEE REVISED STAFF REPORT* 102 STAFF REPORT PUBIC WORKS SERVICES DEPARTMENT Date: February LS' Y 20, 2013 ma To: Mayor and Members of the City Council RANCHO John R. Gillison, City Manager CUCAMONGA From: William Wittkopf, Public Works Services Director By: Dean Rodia, Parks and Landscape Superintendent Ken Fung, Assistant Engineer Subject: ACCEPT THE BIDS RECEIVED, AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $134,720.00 FOR THE REMOVAL AND REPLACEMENT OF EXISTING PASEO LIGHTING FIXTURES WITHIN LMD-4R AND THE REMOVAL AND REPLACEMENT OF EXISTING PARK LIGHTING FIXTURES AT GARCIA PARK, COYOTE CANYON PARK AND SPRUCE AVENUE PARK WITH ENERGY EFFICIENT LIGHTING TO THE LOWEST RESPONSIVE BIDDER, J. KIM ELECTRIC, INC. OF FULLERTON, AND AUTHORIZE THE EXPENDITURE OF A 15% CONTINGENCY IN THE AMOUNT OF $20,200.00, FOR THE "LMD-4R AND GARCIA PARK LIGHTING RETROFIT" PROJECT TO BE FUNDED FROM ACCOUNT NO. 1134303-5650/1716134-0 (LMD 4) AND ACCOUNT NO. 1139303-5300/0-6963 (LMD 9) RECOMMENDATION It is recommended that the City Council accept the bids received, award and authorize the execution of a contract in the amount of $134,720.00 to the lowest responsive bidder, J. Kim Electric, Inc. of Fullerton. The amount includes the Base Bid amount of $129,275.00 for the removal and replacement of the existing paseo lighting fixtures within LMD-4R and the removal and replacement of existing park lighting fixtures in Garcia Park plus Additive Alternate Bid No. 2 in the amount of $2,970.00 and Additive Alternate Bid No. 5 in the amount of $2,475.00 to replace the existing park lighting fixtures at Coyote Canyon Park and at Spruce Avenue Park, respectively. It is also recommended that the City Council authorize the expenditure of a 15% contingency in the amount of $20,200.00, for the "LMD-4R and Garcia Park Lighting Retrofit Project" to be funded from Account No. 1134303-5650/1716134-0 (LMD 4) and Account No. 1139303- 5300/0-6963 (LMD 9). BACKGROUND/ANALYSIS The City Council approved the plans and specifications and authorized the City Clerk to advertise the "Notice Inviting Bids" for the "LMD-4R and Garcia Park Lighting Retrofit Project" during the December 19, 2012 Council meeting. This project involved a Base Bid for the removal and replacement of existing paseo lighting fixtures with new Beta LED lighting fixtures and the removal and replacement of existing park lighting fixtures with new Spaulding inductive lighting fixtures at Garcia Park. The project also included six (6) Additive Alternate Bids to replace the existing park lighting fixtures with new Spaulding inductive lighting fixtures at Milliken Park, Coyote Canyon Park, Mountain View Park, Ralph M. Lewis Park, Spruce Avenue Park and West Greenway Park. Award of the Additive Alternate Bids, if any, would be dependent on the funds remaining after the Base Bid cost. Staff anticipates that the new lighting fixtures will decrease operating costs because they consume only one third the amount of electricity that the existing lighting fixtures required. Likewise because of their increased longevity, maintenance costs are expected to decrease. As a safety precaution, the contract requires that every paseo and park lighting fixture removed during a work day must be replaced and functional by the end of the same working day. *SEE REVISED STAFF REPORT CITY COUNCIL STAFF REPORT P103 RE:AWARD OF CONTRACT TO J.KIM ELECTRIC,INC.FOR THE LMD-4R AND GARCIA PARK LIGHTING RETROFIT PROJECT FEBRUARY 20,2013 PAGE 2 The four (4) bids for this project were opened at 2:00 p.m. on Tuesday, February 5, 2013 (see attached Bid Summary). Staff reviewed the four bids and found three bids to be complete and in accordance with the bid requirements. Staff finds that the lowest responsive bidder, J. Kim Electric, Inc. has met the requirements of the bid documents. Besides the Base Bid, there are sufficient funds remaining in the project's budget to include Additive Alternate Bids No. 2 (Coyote Canyon Park) and No. 5 (Spruce Avenue Park) to the project award. The project is scheduled to be completed within one hundred twenty (120) working days. 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(P102)-*REVISED STAFF REPORT* STAFF REPORT rfr;.:(4 PUBIC WORKS SERVICES DEPART 4ENT Date: February 20, 2013 LItto_ Mayor and Members of the City Council RANCHO John R. Gillison, City Manager % A NGA From: William Wittkopf, Public Works Services Director By: Dean Rodia, Parks and Landscape Superintendent Ken Fung,Assistant Engineer Subject: ACCEPT THE BIDS RECEIVED, AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $134,720.00 FOR THE REMOVAL AND REPLACEMENT OF EXISTING PASEO LIGHTING FIXTURES WITHIN LMD-4R AND THE REMOVAL AND REPLACEMENT OF EXISTING PARK LIGHTING FIXTURES AT GARCIA PARK, COYOTE CANYON PARK AND SPRUCE AVENUE PARK WITH ENERGY EFFICIENT LIGHTING TO THE LOWEST RESPONSIVE BIDDER, J. KIM ELECTRIC, INC. OF FULLERTON, AND AUTHORIZE THE EXPENDITURE OF A 15% CONTINGENCY IN THE AMOUNT OF $20,200.00, FOR THE "LMD-4R AND GARCIA PARK LIGHTING RETROFIT" PROJECT TO BE FUNDED FROM ACCOUNT NO. 1134303-5650/1716134-0 (LMD 4)AND ACCOUNT NO. 1139303-5300/0-6963 (LMD 9) RECOMMENDATION It is recommended that the City Council accept the bids received, award and authorize the execution of a contract in the amount of $134,720.00 to the lowest responsive bidder, J. Kim Electric, Inc. of Fullerton. The amount includes the Base Bid amount of$129,275.00 for the removal and replacement of the existing paseo lighting fixtures within LMD-4R and the removal and replacement of existing park lighting fixtures in Garcia Park plus Additive Alternate Bid No. 2 in the amount of$2,970.00 and Additive Alternate Bid No. 5 in the amount of $2,475.00 to replace the existing park lighting fixtures at Coyote Canyon Park and at Spruce Avenue Park, respectively. It is also recommended that the City Council authorize the expenditure of a 15% contingency in the amount of $20,200.00, for the "LMD-4R and Garcia Park Lighting Retrofit Project" to be funded from Account No. 1134303-5650/1716134-0 (LMD 4) and Account No. 1139303- 5300/0-6963(LMD 9). BACKGROUND/ANALYSIS The City Council approved the plans and specifications and authorized the City Clerk to advertise the "Notice Inviting Bids" for the "LMD-4R and Garcia Park Lighting Retrofit Project" during the December 19, 2012 Council meeting. This project involved a Base Bid for the removal and replacement of existing paseo lighting fixtures with new Beta LED lighting fixtures and the removal and replacement of existing park lighting fixtures with new Spaulding inductive lighting fixtures at Garcia Park. The project also included six (6) Additive Alternate Bids to replace the existing park lighting fixtures with new Spaulding inductive lighting fixtures at Milliken Park, Coyote Canyon Park, Mountain View Park, Ralph M. Lewis Park, Spruce Avenue Park and West Greenway Park. Award of the Additive Alternate Bids, if any, would be dependent on the funds remaining after the Base Bid cost. Staff anticipates that the new lighting fixtures will decrease operating costs because they consume only one third the amount of electricity that the existing lighting fixtures required. Likewise because of their increased longevity, maintenance costs are expected to decrease. As a safety precaution, the contract requires that every paseo and park lighting fixture removed during a work day must be replaced and functional by the end of the same working day. Item M6.(P102)-*REVISED STAFF REPORT CITY COUNCIL STAFF REPORT RI::AWARD OF CONTRACT TO J.KIM ELECTRIC,INC.FOR THE LMD-4R AND GARCIA PARK LIGHTING RETROFIT PROJECT FEBRUARY 20,2013 PAGE.2 The four(4) bids for this project were opened at 2:00 p.m. on Tuesday, February 5, 2013 (see attached Bid Summary). Staff reviewed the four bids and found three bids to be complete and in accordance with the bid requirements. Staff finds that the lowest responsive bidder, J. Kim Electric, Inc. has met the requirements of the bid documents. Besides the Base Bid, there are sufficient funds remaining in the project's budget to include Additive Alternate Bids No. 2 (Coyote Canyon Park) and No. 5 (Spruce Avenue Park)to the project award. The project is scheduled to be completed within one hundred twenty (120)working days. A protest (copy attached) was submitted in regards to J. Kim Electric, Inc.'s bid. The protest letter was reviewed by the City Attorney. The City Attorney stated that J. Kim Electric, Inc. had complied with the requirements stated in the bid documents. The City sent a response letter(copy attached)to the company that submitted the protest. Resp ully bmitte-, • William Wittkopf Public Works Services Director Attachment WW:DR/kf Item M6.(P102)-`REVISED STAFF REPORT Aiwgitm February 7, 2013 Attn: Debra McNay, MMC Asst. City Clerk City of Rancho Cucamonga City Clerk's Office 10500 Civic Center Drive Rancho Cucamonga, California 91730 RE: PROTEST OF AWARD FOR "LMD-4R AND GARCIA PARK LIGHTING RETROFIT PROJECT" Dear Ms. McNay, Absent of a procedure for protesting bid requirements in the Instruction to Bidders for "Bid for Construction of the LMD-4R and Garcia Park Lighting Retrofit Project" in your bid documents, we hereby formally protest the award of "Bid for Construction of the LMD-4R and Garcia Park Lighting Retrofit Project" to the two lowest apparent proposers. In our,humble opinion, we found the lowest proposer "J. Kim Electric, Inc." in violation of the 2012 SCM requirements and are considered to be Non-Responsive. We believe their bid is"non-responsive", for the following reasons: 1) Page-9 Alternative Bid Pricing page missing. 2) Page-10 first (i't) page of Bidder Agreement which under"California Business and Professions Code"Section 7028.15 requires contractor to list license number and expiration date Is missing. 3) Page-11 the second (2nd) page of the Bidder Agreement which under"California Business and Professions Code"Section 7028.15 requires contractor to sign is declaring under penalty of perjury that the information being provided is true and correct is NOT SIGNED by the corporate office or authorized person,just typed. 4) Page-15 Certificate of Non-Discrimination by Contractors Is missing which also requires a signature. All of the above irregularities results in a "Non-Responsive Bid" and is in violation of the requirements of the bid that had to be completed and compliant with as stated in the Instructions to Bidders Page I-i Article A, Item 2 and Page I-3 Article D and E. Similarly, we find the second low bidder; Brewster Electric, Inc. also Non Responsive and in violation of the 2012 SCM requirements for the following reasons: 1) Erroneous unit pricing is stated in the unit price under Proposal Section on Pages P-1 thru P-9 and therefor can result in a much higher cost to the city and not be applied properly as stated in article A document I-i Instructions to Bidders 2) Acknowledgments of all 3 Addendums are missing as they are required to be signed also as specified in Article E, Page I-4, and Article G. "WOMEN OWNED BUSINESS ENTERPRISE" www.Parkiainc.com 1211 W.Imperial Hwy. Suite 215 Brea,CA.92821 714.773.1077 Item M6. (P102)-*REVISED STAFF REPORT* -^ 'a •'d'n7g eltlic... ; 41 Peorsi$400410:: In evaluating based on "responsiveness" of Bids we feel that these violations and irregularities are a material typographical and numerical error by both bidders in filling out the Bid Forms. Therefore, the City of Rancho Cucamonga has no leeway to ignore the errors, as this kind of mistake gives the bidder an unfair advantage as such errors likely would by legally good grounds for withdrawing its bid without forfeiting its Bid Bond per Public Contract Code § 5103. This gives both proposers 7. Kim Electric, Inc. and Brewster Electric, Inc. unfair advantage over Parkia, Inc. and the next qualified proposer, because they could wait until after the bid opening, see what the others had bid, and then elect to withdraw their bids. We trust the City will find our protest in good faith and will do the right thing by awarding the contract to Parkia, Inc., the most qualified and responsive proposer. Please do not hesitate to contact me at (714)773-1077 or (714)401-8411 with any questions you may have. Sincerely, Business Development Manager Parkia, Inc. Engineering & Construction • "WOMEN OWNED BUSINESS ENTERPRISE" www.Parkiainc.com 1211 W.imperial Hwy. Suite 215 Brea,CA.92821 716-773-1077 Item M6. (P102)-*REVISED STAFF REPORT' r Mayor L. DENNIS MICt•1AE1. CvutCiIMeMbers WILLIAM J.ALEXANDER,SAM SPAGNOLO,MARC STEINORTH,DIANE WILLIAMS City Manager JOHN R.CuxisoN THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA February 14, 2013 Parkia, Inc. Engineering & Construction 1211 W. Imperial Hwy, Suite 215 Brea, CA 92821 Attn: Yvette Sambrano Business Development Manager Subject: LMD-4R and Garcia Park Lighting Retrofit Project Response to Protest Dear Ms. Sambrano, The City has reviewed your company's February 7, 2013 Protest of Award letter. While comparing your letter's four(4) protest points to the J. Kim Electric, Inc. bid proposal, a discovery was made. It seems that when the J. Kim Electric, Inc. bid proposal was being scanned to be e-mailed to you on February 7, 2013, several pages somehow became"stuck" to the preceding page. As a result, the scan did not include Page-9, Page-10 and Page-15. Those were your letter's protest points 1), 2) and 4). The actual J. Kim Electric, Inc. bid proposal does contain page-9, page-10 and page-15. A copy of the complete J. Kim Electric, Inc. bid proposal is enclosed. My apologies for this error. This leaves protest point 3)—the officers of J. Kim Electric, Inc. typed their names on the second page of the Bidder Agreement instead of signing. Your letter was presented to the City Attorney for his review. The City Attorney stated this is not a sufficient error. Also,the City Attorney stated that J. Kim Electric, Inc. demonstrated their sincerity to honor their bid by notarizing the their Non-Collusion Affidavit and Bid Bond. As such, J. Kim Electric, inc. remains the low bidder. Upon review, the bid proposal from Brewster Electric, Inc. was declared Non-Responsive because it did not include signed copies of this project's three (3)Addendums. This project is on the agenda for the February 20, 2013 City of Rancho Cucamonga City Council meeting for permission to award. You or a representative from your company may choose to attend this meeting and state the reason(s)for your protest directly to the City Council. 10500 Civic Ccnrcr Dr.•P.O.Box 807•Rancho Cucamonga,CA 91729-0807•'1cl(909)477-2700•Fax(909)4774849•www.CityotRC.us • Item M6. (P102)-'REVISED STAFF REPORT' Mayor L. DENNIS MICHAEL i ! Council Members WILLIAM 3.ALEXANDER,SAM SPAGNOLO, MARC STEINORTH,DIANE WILLIAMS ��4 ii k Q Warmer JOHN R.GILUSON,..... THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA If that is your intention, the City Council chambers are located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. City Council meetings usually starts at 7:00 pm. If you have any questions, please call me at(909) 477-2730 extension 4139. Cordially, ' y. Kenneth Fung, P.E. Assistant Engineer 10500 Civic Center Dr.•P.O.Sox 807•Rancho Cucamonga,CA 91729-0807•Tel(9091 477-2700•Fax(909)477-2849•www.CityofRC.us P107 STAFF REPORT ADMINIs'I'RATIVE SERVICES DEPARTMENT 7 RANCHO Date: February 20, 2012 C;UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Manuel Pilonieta, Information Services Manager Keri Hinojos, Senior Buyer Subject: APPROVAL OF VARIOUS ACTIONS RELATED TO THE PURCHASE OF DESKTOP, NOTEBOOK AND RELATED COMPUTER EQUIPMENT, INTEGRATION AND DISPOSITION SERVICES, AND SOFTWARE RECOMMENDATION It is recommended that the City Council: 1. Award and authorize the execution of a purchase agreement between the City of Rancho Cucamonga and Sigmanet, Inc. in an amount not to exceed $875,864 for the purchase of desktop and notebook computers, integration and disposition services (including a 10% contingency in the amount of$25,265), and software; 2. Authorize the City Manager to sign the purchase agreement with Sigmanet; and 3. Appropriate $307,801to supplement budgeted funds as summarized in the staff report. BACKGROUND The City last completed a major desktop computer replacement project in 2006. More recently, due to economic constraints, the replacement of computers used by City has been deferred for several years but can no longer be delayed. The City's desktop and notebook equipment is well past its recommended useful life, is only marginally meeting the practical needs of staff, and is experiencing high failure rates. Additionally, the Microsoft XP operating system and Microsoft Office 2003 productivity suite are nearing the end of support from Microsoft. As a first step in this replacement project, Information Services contracted with a vendor to complete a physical inventory of all computer equipment, in coordination with all departments. As a result of this process, staff was able to identify computers that will be retired and not replaced. As a further cost mitigation measure, computer monitors are not recommended for replacement at this time. In coordination with the Purchasing Division, the Information Services Division submitted specifications for the replacement of business class computers, integration and disposition services, and software. The Purchasing Division prepared and posted formal RFB #12/13-005 on December 19, 2012, notifying one-hundred and thirty-seven (137) vendors of the opportunity to bid. Thirty-five (35) perspective bidders downloaded the RFB and two (2) responses were received. After analysis of the bid responses, the lowest bidder was unable to comply with the bid specifications and was determined to P108 be non-responsive. Staff is recommending an award to the next lowest bidder, Sigmanet, Inc., as the most responsive and responsible bidder. All documentation is on file in the Purchasing Division. Upon approval, the City will coordinate delivery of the new computers, and Sigmanet will prepare them with the City's specific configuration, including standardization on the Windows 7 operating system and Microsoft Office 2013, and deliver and install each computer. Additionally Sigmanet is providing disposition service for the replaced computers; the service includes the secure wiping of data and disposal as electronic waste. FUNDING The total project cost is $1,022,798, with the City costs totaling $908,562 and the Fire District costs totaling $114,236. Of this total project cost, the amount awarded to Sigmanet is $875,864. The contract with Sigmanet includes hardware and software, as well as installation, integration, training, and disposal services. In addition to the award of the contract, there are additional expenses of $146,934 associated with this project. The detail of these items can be found in the chart below. The FY 2012/13 budget originally appropriated $678,100 for this computer replacement project, with the assumption that half of the inventory would be replaced this fiscal year, and half in FY 2013/14. It was also anticipated that the Fire District would replace its computers in FY 2013/14. However, upon further evaluation, staff believes that streamlining this effort into a single project will result in efficiencies and, therefore, cost savings with regard to the contract support services, which make up a significant price component of this project. It would also reduce the amount of Information Services staff time required, allowing our limited staff to focus on other significant projects this year, especially the Accela Automation project for land management services. Pi 09 O N (p ''-• a) N O O co O co "t M O it It N U t! �.. O O O O co CO M ti O 11' O M w O a 'E Ca y O O M M M � M M — O to .. � N qq, N O O O O O O N N -o o E O C d N EA O O EA co N Ef} tl- CO O C N E Q. Eck r Ef} 64 CO r r Efl CD LL N O a x K? Efl K-} Efl EiY N W N CO -C U_ N� O O O O r- N 0) N t- O) O O N O O O O w It ti N O O O N -° L V d O O O O M It Iq to •- EA W fn c 3 0 C O O N_ _O _O N M N O (0 00 f� LL O }' O d � K3 H4 Ef? � Ef) Ef} � Q d CL 6R U x (d LU Q U (6 a) O O O r N O r- N O N U U y tt co CO N ti O N t- O d' Iq p p 'a V- co M O O N O co O co M R Efl � Ef). O O Efl iO CD w Q° a c E 3 _ _ 0 Am Q E!? Ef} � Efl EA EA O d fA a) � N a) O LL .(n p .a O O 000 co 0) � ti M Co O •- O O ti V) CO M � O 00 0 -W�+ Efl Ef? C O i N � 64 It � IT � O E a G Ef} r Q9- M ` tT EA 44 0 v Q Q Q N E U O Cy O O O O O O Cl O O O O t LL a) O It � M O N N r- ti O v O CO CO O O O O (D O O r c) a) j Q. t� O O O M tt Cfl O O Co O �- O Cfl W. Ef3 O O Efl ti tl- ti O a) p a) 04 O Ef3 Efl ER Et} H-} CU O U Q m Efl Ei9 40 EA Q LL (D O N N N N N O O O O O O O O O O O O O r- �- O O O QC)) �, L � � T N N N N M M M p O O O O O O O O O O O O a) C d � O O O O O O O O O O O O O O Q-� N V O M O M M O O M M O M Cl) O U C1 3 19T O 'a' O O It It CO O � CO O — p Q Z r r O O T- O ti O t- O ti t- ti O tl- ti O t- C a) T- � O a) U E Q �+ a) ° 0 U W 0) a) .. a) in ca m m o (D �° ° v F- p C= U i a) Q - . . O ° p N E N U U N N a)a) o E ^aa o N 0) ELo E ° Q ° a N 0 0 ° a) O - C -0 O N c �o ° o o ° C L L.L L �cu o B U O U O , 0O ° � a) a) 00 e. � � Qa) y E E N O cn E V (n U U c c w ate_ — . w •V U L p 0 O r N M I' O co t- O O O N M p 7 —_ a) Z r � r LL N - Pilo R R 2 g 7 m co 0 $ o o c it q r 0 § � q ? % Cq w � C � o w v ■ S 14 It� 16. o � (7) ■ (1) A) § 40 $ 0 C CL � 0) R 2 q ? CM $ c o c CD w kV9- Y) U9, � 00 m 0 -0 k k 0 � V- � Q ■ 0 r § � 6 2 r � 2 k� « � � - C-4- 2 & 04 LL « � q b R R § U % � S E k k k k k 2 2 % % % % % g q q q q � v \ 2 cl k � o § % \ co J 0 A o § cn @ : _� \ 0 ƒ ,k 2 S d_ k 5 _ % E 0 § m � m § E - 0 + ® k D . 2 -0 c ') \ = 2 g 2 m 6 2 = % � R M \ ' D n Q U m U @ >1 \ n D 6 19T LO @ ¥ @ 2 q $ CL � 3 P111 STAFF REPORT - ENGINEERING SERVICES DEPARTMENT RANCHO Date: February 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Enginee Shelley Hayes, Assistant Engineer Q t Subject: RELEASE OF MAINTENANCE GUARANTEE BOND NO. 12080030 IN THE AMOUNT OF $35,314.49, FOR THE FY 2011/2012 LOCAL STREET PAVEMENT REHABILITATION — SLURRY SEAL OF VARIOUS STREETS PROJECT, CONTRACT NO. 11-140 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond No. 12080030 in the amount of $35,314.49, for the FY 2011/2012 Local Street Pavement Rehabilitation — Slurry Seal of Various Streets project, Contract No. 11- 140. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: American Asphalt South Inc. 14436 Santa Ana Fontana, CA 92337 Respectfully submitted, r er Director of Engineering Services/City Engineer MAS/JAD/SH:Is P112 ell- ri VICINITY MAP _ LwxaKn_sTA � { I J' WLLSCDE RA _ WLISIAE Rll`� r ��_-, �IJf_'`1) MAP— hILSON AvE— MAP-8 �n BANYAN ST, MAP-3 ---- i - �_ !�� ���' _L!�,, LETiOM AVE.-- ��4 �LENOi AVE �\ �+Mull III' jC(1Yr ��—I� !L `Ji _I 11 1 � " AVE �MAP--7 � ��•�"� 9th ST. 19th ST I �71 �[ VICTOW II \PARK A,ST. l VISTA ST. 10lTE IV �r� ' N �I � SPRR T In' UPLAND I �i j JH L BASELINE AVE � w I< ` PxvY ;o � CMAtCM IULti.y SAN DE,(I, DA10_RD IF 17, L--j MAP--5 W 9th ST. MAP-6 I ST7� 1� 7th STREET IF J �i 6th STREET I` 1 I.. STREET _ _ _ _ CUCA'TI n PAW ONTARIO GAUS l I-30 FREEWAY CITY OF RANCHO CUCAMONGA - FY 2011/2012 LOCH. STREET PAVEMENT REHABILITATION (SLURRY SEAL) AT VARIOUS LOCATIONS N N.T.S. n P113 STAFF REPORT ENGINEERING DEPARTMENT RANCHO Date: February 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR 11570 SIXTH STREET FOR THE INSTALLATION OF A TRAFFIC SIGNAL AND RELATED IMPROVEMENTS, LOCATED AT THE INTERSECTION OF SIXTH STREET AND RICHMOND PLACE, SUBMITTED BY AMPHASTAR PHARMACEUTICALS, INC RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting the subject improvement agreement and improvement securities for 11570 Sixth Street for the installation of a traffic signal and related improvements and authorizing the Mayor to sign said agreement. BACKGROUND/ANALYSIS Amphastar Pharmaceuticals, Inc. located on the north side of Sixth Street, west of Buffalo Avenue approached the City about installation of a traffic signal at 6th Street and Richmond Avenue. Richmond Avenue is the south leg of Sixth Street intersection and the north leg is the driveway into Amphastar Pharmaceuticals. Amphastar Pharmaceuticals hired a Traffic Engineer who prepared a warrant study for this intersection. The study was reviewed and approved by City staff. In order to expedite the installation of the traffic signal, Amphastar is paying for the design cost, construction cost, 10 years of signal maintenance, and appropriate City processing and inspection fees. Amphastar Pharmaceuticals is a proactive company and pursed this traffic signal for the benefit of their employees and the general public. The Developer, Amphastar Pharmaceuticals, Inc., is submitting agreement and securities to guarantee the installation of a traffic signal and related improvements in the following amounts: Faithful Performance Bond $ 287,500.00 Labor and Material Bond $ 287,500.00 Copies of the agreements and securities are available in the City Clerk's Office. p 9 Y Respe ubmitted, M Director of Engineering Services/City Engineer WV:alrw Attachments: Vicinity Map Detailed Map P114 City of Rancho Cucamonga Engineering Divisi®n Vicinity Map ik- tnl .�t i r p�yp: t y' h is t � � �I L�. i t1 �t €: if0�' .' a, I i �,I a,�I N W+E S A I'I-lli 57714 /''5'1,x€A/-)ACS U.Af Item: IN5 F14 I-/4i/C%iy rlt-14 -z-I /C-,//AZ Title- V / C/ IV/ T -;Y- 111 P � r � Ism N` - 6..St_&-Richmond-Pl,'Rancho Cuca r 6th-Sty i r� 2013 Go'Ingle i 9 I P116 RESOLUTION NO. 13-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR 11570 SIXTH STREET FOR AN INSTALLATION OF A TRAFFIC SIGNAL AND RELATED IMPROVEMENTS WHEREAS,the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on February 20, 2013, by Amphastar Pharmaceuticals, Inc., as Developer, for the installation of a traffic signal and related improvements adjacent to the real property specifically described therein, and generally located on 11570 Sixth Street, west of Buffalo Avenue; and WHEREAS, the developer submitted an Improvement Agreement which is secured and accompanied by good and sufficient Improvement Securities, which are identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement, be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Securities are accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney RESOLUTION NO. 13-016 Page 1 P117 STAFF REPORT ENGINEERING SERVICES DEPARTI-IENT DATE: February 20, 2013, RANCHO TO: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager FROM: Mark A. Steuer, Director of Engineering Services/City Engineer BY: Betty Miller, Associate Engineer SUBJECT: SUMMARY VACATION (SUBVAC221) OF 1,347 SQUARE FEET OF EXISTING CITY RIGHT-OF-WAY AT 8393 FOOTHILL BOULEVARD, ON THE SOUTH SIDE OF FOOTHILL EAST OF SAN BERNARDINO ROAD — APN 207-571-75. RELATED FILE: FOOTHILL BOULEVARD IMPROVEMENT PROJECT #800-99-15, FROM GROVE AVENUE TO VINEYARD AVENUE RECOMMENDATION It is recommended that the City Council adopt the attached resolution summarily ordering the vacation of 1,347 square feet of existing.City right-of-way at 8393 Foothill Boulevard, on the south side of Foothill east of San Bernardino Road and authorizing the Mayor to sign the attached Corporation Quitclaim Deed. BACKGROUND/ANALYSIS On May 5, 2010, the Redevelopment Agency agreed to purchase 917 square feet of permanent highway easement and 35,312 square feet for a temporary construction easement from the owner of Assessor's Parcel Number 0207-571-75, Michael Fournier of MDF Property Management. This additional right-of-way was necessary to complete the realignment of Foothill Boulevard between Grove and Vineyard Avenues. As part of the Purchase and Sale agreement the City agreed to vacate another 1,347 square feet, as shown in Exhibits C and D of said agreement, upon completion of those street improvements. Phase 2 of the Foothill Boulevard Improvement Project, the portion between San Bernardino Road and Vineyard Avenue, was completed in June of 2012. As part of those improvements, a 7-foot curb adjacent sidewalk and 3-foot retaining wall with tubular steel fence on top was constructed east of the easterly drive approach, extending to the east property line of Mr. Fournier's property at 8393 Foothill Boulevard, which abuts the Pacific Electric Trail on the northwest side. Curb adjacent sidewalk continues beneath the trail bridge over Foothill Boulevard to the intersection with Baker Avenue. The property owner agreed to assume full responsibility for landscaping and maintaining the area south of the retaining wall. On January 23, 2013, the Planning Commission determined that said vacation is conformance with the General Plan and recommended the vacation occur. Respectfull submitted, Mark A. Steuer Director of Engineering Services/City Engineer MS:BM:rf Attachments: Vicinity Map Resolution Corporation Quitclaim Deed P118 VICINITY MAP IHHILLSI E D / I N ILSO AVE ( / 24TH ST \ BAN N ST a ¢ — SUMMIT AV v EMO 11 gViE4 U > `1 \•,\ N n n[� z ¢ HIGH D AV 9T 1H T 30 a 30 � > m Z Y VICTORI PARK N 1. B LIN D --'i ckf r CHU H ST ERRA IS PROJECT SIT ui FOOTHIL m ¢ BLVD ¢ ¢ O N� 6s f SAN BERNARDINO D w • to5o0 C DR. LLj RRO RTEm o ARROW RQUTF a� ¢I w o: } �' w i BNSF RR cn. w w 6TH ST a s �nFl N 4TH 7 CITY OF RANCHO CUCAMONGA yNr.. PHASE I FOOTHILL BOULEVARD IMPROVEMENT PROJECT N 't FROM SAN BERNARDINO ROAD TO VINEYARD AVENUE N.T.S. P119 RESOLUTION NO. 13-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,SUMMARILY ORDERING THE VACATION OF 1,347 SQUARE FEET OF EXISTING CITY RIGHT-OF-WAY AT 8393 FOOTHILL BOULEVARD,ON THE SOUTH SIDE OF FOOTHILL EAST OF SAN BERNARDINO ROAD (SUBVAC221)—APN 207-571-75 WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code,the City Council of the City of Rancho Cucamonga is authorized to summarily vacate excess right-of-way on the south side of Foothill Boulevard east of San Bernardino Road, hereinafter more particularly described; and WHEREAS, the City of Rancho Cucamonga Planning.Commission on January 23, 2013, by minute action found and determined that the summary vacation of the subject excess right-of-way herein contemplated conforms with the City's General Plan; and WHEREAS,the City Council found all the evidence submitted that the subject excess right-of- way located on the south side of Foothill Boulevard east of San Bernardino Road is unnecessary for present or prospective public street purposes because it has been superseded by relocation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating excess right-of-way as shown on Map SUBVAC221, on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A" and shown on Exhibit "B", and by reference made a part hereof. SECTION 2: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3: That from and after the date the resolution is recorded, said excess right-of- way no longer constitutes a street or public easement. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. SECTION 6: That the Mayor is authorized to sign the Corporation Quitclaim Deed in behalf of the City of Rancho Cucamonga. RESOLUTION NO. 13-017 Page 1 P120 STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT RANCHO Date: February 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager , From: Tamara L. Layne, Finance Director ' Subject: APPROVAL OF FY 2012/13 MIDYEAR SUPPLEMENTAL BUDGET APPROPRIATIONS RECOMMENDATION It is requested that the City Council approve the FY 2012/13 midyear supplemental budget appropriations as summarized in the attached table. BACKGROUND On June 21, 2012, the City Council adopted the Fiscal Year 2012/13 Budget. During the first half of the fiscal year, several unanticipated transactions have occurred which require supplemental budget appropriations. Whenever possible, staff offsets unanticipated costs with budgetary savings; however, this is not always possible, resulting in the occasional need for supplemental appropriations. The various items are detailed in the attached table. Many of these items are one-time expenditures that are funded by reserves (e.g., Capital Reserve and Spay/Neuter Reserve) or by restricted fund balances in Special Funds (e.g., LMDs, SLDs, and CFDs) and will not have an effect on operating expenditures. Based on staff's analysis of revenues and expenditures to date, it appears that expenditures are generally at, or slightly below, the budgeted level, and revenues are at, or slightly above, the budgeted level; therefore, the inclusion and approval of these supplemental appropriations is reasonable and appropriate given the City's overall fiscal picture. Adoption of these supplemental appropriations is a separate and distinct process from the annual Amended Budget, which is traditionally brought before the Council each May. I:Ifinancelbudget20JYCity Council staff repor6StaffReport-midyear budget appropriations 2012-13.doc —F121 N N N N p c L \ \ \ \ p p C O O O O (D ` m 0) 0') 0 S 5 a a a U UUUUo a) U) L m a) a) a) > E 0) L a) flOQ a () ^^,, ^^`` ^^`` /^�,, L sE`. O O O O a) m U C O O O O L L L L L y� N V a a a a a) L N N to E ° E c C 42 co N L L L E G) o U L J �.• — o m 2 U Ua)) w U U U m U) O O L O m E N E U c C U a) 0 0 0 0 o ai m E Q m E E o W v >m a 4_ w a)O O O O L O O j 0 0 to C co O m Z E E M a a a m N a) Lo>' E . voi f° .m .m .m -0 a�) 0 0 o cUa v> O CM L L ac) ac) Uc) c U) � _ c O O O c c r -Q a U °° o v). o O O LM U) n > > > > U- aaa w �° L La C5 C5 U C7 2222 Of 0 QQQ Fm- c U O = O CC 0 0 O O 0 0 C) 0 C) O O O O O 0 0 .. 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O 0 0 0 0 Cl O O CO LO O - N O O Ln O O ':Q Cl) co M M CO CO w Cfl N N � co co O M O Ln LO Lo LO LO LO m LO LO Ln LO LO Ln Ln LO LO LO LO d CL a � "� p8 co Q C LL LL C? t cn ,i • LL V c LL Li LL ) 3 m a) m m a) a) a) aoi U U L1J E m L E a) m c � m m � � Z � O , LL�j um) N H (n cn U) a Q > > o •v •n 0 a) ` c O 00 a) m o c m m c c LL o) M D o a �_ cot co co co E E LL LL L Q c C) E E p c c c U a) m m m m O LL. O O J N a) 0 U U C7 U U U (n C� CD 0 Q m���. M M CO r- � � CO � � � M It � O t a) O O O O O O O O O O O O O O Y, M O M co co O O O M LO co co M r- N O r U) O M -�t LP) LA LO r N C0 C0 00 s- �- w „TL O N co C`) co N N N O 00 O O O O O �- �- O O O O N O O O O O P122 , STAFF REPORT PL-1NNING DEPARTMENT DATE: February 20, 2013 RANCHO TO: Mayor and Members of the City Council C;UCAMONGA John R. Gillison, City Manager FROM: Jeffrey A. Bloom, Deputy City Manager Economic & Community Development BY: Tom Grahn, Associate Planner SUBJECT: JOHNSTON HOUSE PURCHASE AND SALE AGREEMENT - DRC2013-00107 - CITY OF RANCHO CUCAMONGA — Consideration of a Purchase and Sale Agreement for the acquisition and relocation of the Johnston House, currently located at 6998 Etiwanda Avenue, APN: 1089-081-20. RECOMMENDATION: Approve the attached Agreement of Purchase and Sale for the acquisition of the Johnston House and office for relocation to a City owned property located at 7086 Etiwanda Avenue, contingent upon the successful renegotiation of the Chaffey-Isle House lease agreement. BACKGROUND/ANALYSIS: On December 14, 2011, the Planning Commission approved Tentative Tract Map SUBTT18819 for the proposed subdivision of 10.6 acres into 17 residential lots located at the southwest corner of Etiwanda Avenue and Victoria Street (Exhibit A). The project site contains the Johnston House (a locally designated Point of Interest), 6 accessory buildings, various concrete features, and a vineyard. The Planning Commission considered the historical significance of the information presented in the Cultural Resources Assessment for the tract and required preservation of the Johnston House and office. None of the other structures on-site were determined to warrant preservation. The applicant proposed the relocation of the Johnston House and office to Lot 17 within the subdivision (Exhibit B), return the Johnston House to its 1889 floor-plan, place the buildings on a permanent foundation, replace the roof, and provide stub-outs for all utilities. Under this initial proposal, the City would then acquire Lot 17 for its residential value (utilizing RDA and CDBG-funds)-and.complete the restoration•of.these locally historic buildings. However, as a result of the loss of RDA funding and a significant reduction in CDBG funding, the City does not have funds to support the acquisition of Lot 17. Staff proposed the relocation of the Johnston House and office to a different location, specifically, the northwest corner of the Chaffey- Isle House site. Staff has determined the City owned Chaffey-Isle House site to be a suitable permanent relocation site for the Johnston House, based upon the lot size, proximity to the original site, and ability to accept the additional structures. As part of the relocation, the applicant would complete the move of the Johnston House and office, return the Johnston House to its 1889 floor plan, place the buildings on a permanent foundation, repair the roofs, stub for all utilities (i.e.; water, sewer, gas, electric, and telephone) adjacent to both structures, and secure the outside of both structures to deter vandalism. When funding becomes available, the City would then complete the restoration of these locally historic structures. The attached Agreement of Purchase and Sale identifies that the City will acquire the Johnston House and office for $1.00. P123 JOHNSTON HOUSE PURCHASE AND SALE AGREEMENT CITY COUNCIL STAFF REPORT DRC2013-00107 — CITY OF RANCHO CUCAMONGA February 20, 2013 Page 2 Staff is currently in negotiations with the Etiwanda Historical Society for renewing the lease agreement for use of the Chaffey-Isle House. The original plans for rehabilitation of the Chaffey- Isle House proposed a caretaker's residence at the northwest corner of the project site. That residence was never built, so there is sufficient room to accommodate the relocated Johnston House and office. Because the agreement for the use of the Chaffey-Isle House has not been finalized, the Johnston House Agreement of Purchase and Sale is contingent upon the successful negotiation of the Chaffey-Isle House lease agreement, as well as any related development applications (i.e., Landmark Alteration Permit, Variance, etc.). Should the City and the Etiwanda Historical Society fail to agree on the relocation of the Johnston House to the Chaffey-Isle House site, the applicant would be responsible for either rehabilitating the Johnston House on-site or on a suitable alternate location. Respectfully submitted, effr WBo Deputy City Manager Economic & Community Development JAB:TG/Is Attachments: Exhibit A -Assessors Map 1089-08 Exhibit B — SUBTT18819 Site Plan Agreement of Purchase and Sale City Council Resolution OD l ININ1 3 O w ° P124 _ EE F Ef O c J On O C 1 E a O O C c O U 3 � O a t � c Q _ ® o y of oo a c` w x U) N o m U l°� Ln doop -07 Q m cn °1hl u � Q. e � N m G I C \I C O NIO co —— 3dd8J 0 O `^ V N I� SY SC V � SL SC � N O Cd m ° m co W CL /� sr sr N sr sr to . m ry h R N LO r 'f/ yrry m YA'9E'/ Yh'vfi n b / cm J y m M O r n � a Y ll � Z � o a = F= 0 Ef OC n (LO 3`JVd NO 03SS3SSV) „V„101'Nld n EXHIBIT A N I� N� 0 0 0 N 6 F 1125 WE OF. JIB, 3nN3A I IONIAO Iu CL ttj o 0) 00 oo ."T .......... L ------------- ----- -------------- I L 19 -------3,y7d 3dW TZ tM 13YHi) f EXHIBIT B U- 12 P126 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT OF PURCHASE AND SALE ("Agreement") is made and entered into as of this 20th day of February, 2013, and constitutes an agreement by which WATER MILL HOMES, INC., a California corporation("Seller"), agrees to sell and relocate, and the CITY OF RANCHO CUCAMONGA, a public body organized and existing under the Laws of the State of California("Buffer" or"City") agrees to purchase, on the terms and conditions hereinafter set forth the following two buildings located on the land in the corporate limits of the City of Rancho Cucamonga legally described on Exhibit"A" attached hereto (but not the land itself): (a) that certain single family structure known as the "Johnston House"(the size of which will be approximately 1,056 square feet after Seller's Work, described in Section 2 below, is completed); and(b)the office building containing approximately 288 square feet(collectively, the"Buildings"). RECITALS A. Buyer has adopted/approved a mitigated negative declaration under the California Environmental Quality Act("CEQA") for Seller's project consisting of the subdivision and development of SUBTT18819, a 10.6 acre 17 lot residential subdivision located at the southwest corner of Etiwanda Avenue and Victoria Street("Seller's Project")based on the assumption that the Buildings will be conveyed to Buyer and relocated and that certain impacts of Seller's Project shall be mitigated thereby. B. If the Buildings were not conveyed to Buyer and relocated as contemplated herein,then Buyer would prepare an environmental impact report for the Seller's Project and would require Seller to pay the cost thereof. AGREEMENT 1. Purchase and Sale.Jii order to mitigate certain impacts of-the Project such-that Buyer can rely on a mitigated negative declaration under CEQA and not require an EIR for Seller's Property, and in consideration for$1.00, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, Seller agrees to sell the Buildings to Buyer, and Buyer agrees to purchase the Buildings from Seller, upon the terms and conditions herein set forth. 2. Seller's Work. As a condition to the closing of the sale of the Buildings hereunder, Seller shall, at Seller's sole cost and expense, complete the following work(free of liens)prior to the City's issuance of a Certificate of Occupancy for the 9th single-family house developed within SUBTT18819 subject to delays for events beyond the control of Seller(excluding lack of funds or failure to obtain required permits): (a) demolish the bathroom, deck and bedroom additions along the south side of the Johnston House and (b) demolish the bathroom, cooler and service porch additions on the west side of the Johnston House, all in order to return the structure to its 1889 floor plan (collectively, the "Seller's Work"). -1- 11231-0001\1505422v1.doc P127 3. Post-Closing Relocation. Relocation of Johnston House and Office Building. Within ninety(90)days after the Closing, Buyer shall notify Seller in writing of the location(s) to which the Buildings are to be relocated by Seller(and Seller may designate a temporary location and a subsequent location). Within ninety (90) days after such notice, Seller shall so relocate the Buildings at Seller's cost(and shall complete any second relocation described in the notice, at Seller's cost, within the time frame in the notice). In connection with the relocation to the permanent location, Seller shall, at Seller's cost, diligently cause new foundations for the Buildings to be constructed on the Property, properly attach the Buildings to such foundations, install a new roof on the Buildings and obtain and assign to city a five year roof warranty, stub utilities (water, sewer, gas, electric, and telephone) adjacent to the Buildings, and secure the buildings with plywood by boarding up windows, doors (except the entry door), and openings caused by demolition. 4. No Escrow; Close of Transaction. For purposes of this Agreement, the"Closing" shall require the recordation of the Grant Deed(to be in a customary form subject to Buyer's reasonable approval) (the"Grant Deed") conveying the Buildings to Buyer in the Official Records of San Bernardino County, California and a Bill of Sale(to be in a customary form subject to Buyer's approval) for the Buildings, duly executed by Seller shall have been delivered to Buyer. The Closing (the"Closing Date") shall occur as soon as possible,but no later than December 31, 2013 (unless extended in writing by the City Manager). If the Closing does not occur by such date, then Buyer or Seller may terminate.this Agreement by written notice to the other's; provided, however, if this Agreement shall terminate because of a party's uncured default, then the non-defaulting party shall then have all remedies available to the non-defaulting party provided in law or in equity, and such rights shall survive the termination of this Agreement. 5. Title. 5.1 Buyer acknowledges receipt of preliminary report No. NHSC-4213319(29) dated October 22, 2012 issued by First American Title Company (the"PTR"). 5.2 Seller covenants and agrees that prior to the Closing, it will not create, cause or permit exceptions to title to the Buildings not shown in the PTR. 6. Delivery of Documents. 6.1 By Seller. At least one (1)business day prior to the Closing, Seller shall deliver to Buyer the following documents and instruments: 6.1.1 Grant Deed. A copy of the original Grant Deed conveying the Property to Buyer, duly executed by Seller, acknowledged and in recordable form in the form approved by Buyer. 6.2 By Buyer. Buyer shall prepare and execute a Certificate of Acceptance for the Grant Deed and shall deliver a copy thereof to Seller. 7. Costs and Expenses. The Grant Deed shall recite that no documentary transfer taxes or recording charges are payable because the Grant Deed is a conveyance to a public entity. 11231-0001\1505422v1.doc P128 8. Proration of Taxes and Assessments. Real and personal property taxes and assessments on the Buildings shall be the responsibility of Seller. 9. Seller's Representations and Warranties. Seller makes the following representations and warranties, each of which is material and is being relied upon by Buyer in entering into this Agreement(and the continued truth and accuracy of which shall constitute a condition precedent to the Closing), except for any and all matters to which the Buyer has actual knowledge: Seller has no knowledge of any hazardous materials in or on the Buildings. Neither this Agreement nor anything provided to be done hereunder including the transfer of title to the Buildings to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Buildings or any part thereof and the sale of the Buildings herein contemplated does not require the consent of any party not a signatory hereto. Seller has the full power and authority to enter into this Agreement and consummate the transaction contemplated hereby. The execution, delivery and performance of this Agreement have been duly and validly authorized, and,no other action by Seller is requisite to the valid and binding execution, delivery, and performance of this Agreement by Seller. 10. Buyer's Representations at Closing. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by Seller(the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder): Neither this Agreement nor anything provided to be done hereunder including the transfer of title to the Buildings to Buyer, violates or shall violate any contract, agreement or instrument to which Buyer is a party, or which affects the Buildings or any part thereof and the sale of the Buildings herein contemplated does not require the consent of any parry not a signatory hereto. Buyer has the full power and authority to enter into this Agreement and consummate the transaction contemplated hereby. The execution, delivery and performance of this Agreement has been duly and validly authorized, and no other action by Buyer is requisite to the valid and binding .execution, delivery, and performance of this Agreement by Buyer. 141' Damages or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any casualty to the Buildings or any condemnation proceeding commenced by any entity other than Buyer prior to the Closing. If any such damage or proceeding relates to or may result in the damage or condemnation of any material portion of the Buildings, Seller or Buyer may, at their option, elect either to: (i) terminate this Agreement, in which event neither party shall have any further rights or obligations hereunder; or(ii) continue the Agreement in effect, in which event upon the Closing, Buyer shall be entitled to any compensation, awards, or other payments or relief resulting from such casualty or condemnation proceeding. 12. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by certified mail,postage pre-paid, return receipt requested and shall be deemed received upon the earlier of. (i) if personally delivered,the date of delivery to the address of the person to receive such notice; (ii) if mailed, or the date of delivery or attempted delivery(as shown on the return receipt). -3- 11231-0001\1505422v1.doc P129 To Buyer: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91720 Attn: John Gillison With a copy to: Richards, Watson & Gershon 333 South Hope Street, 38th Floor Los Angeles, California 90071 Attention: Bruce Galloway To Seller: Ocean Hills, Inc. dba Manning Homes 20151 S.W. Birch Street, Suite 150 Newport Beach, California 92660 Attention: James C. Manning Craig Kozma With a copy to: Palmieri, Tyler,Wiener, Wilhelm&Waldron, LLP 2603 Main Street, Suite 1300 Irvine, California 92614 Attention: Stephen A. Scheck, Esq. Notice of change of address shall be given by written notice in the manner detailed in this Paragraph. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. 13. Brokers. Seller and Buyer each represent and warrant that no real estate brokerage commission with respect to this transaction will be payable on the sale of the Buildings. If any claim for brokers' or finders' fees for the consummation of this Agreement arise, then Buyer hereby agrees to indemnify, save harmless and defend Seller from and against such claim(s) if it (they) shall be based upon any statement or representation or agreement made by Buyer, and Seller hereby agrees to indemnify, save harmless and defend Buyer if such claim(s) shall be based upon any statement,.representation or agreement made by Seller. 14. Legal Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment, or out of court settlement shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual attorneys' fees. 15. AS-IS Purchase. Seller and its agents, attorneys, employees and representatives have not made any and make no statements, agreements,representations or warranties to Buyer regarding the Property, its condition or its suitability for any uses,purposes or development, whether intended Buyer or otherwise("Promises"). Buyer is acquiring the Property in"AS-IS" condition, with all faults and based solely upon Buyer's investigations, and Buyer is not relying upon any Promises; provided, however, that nothing herein shall relive Seller from its -4- 11231-0001\1505422v1.doc P130 obligations under applicable law to disclose material facts known to Buyer that relate to the Buildings. 16. Miscellaneous. 16.1 Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 16.2 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each-of the parties hereto. 16.3 Construction. The parties agree that each party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. 16.4 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 16.5 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. 16.6 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any.person or entity,other than the parties hereto. 16.7 Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. 16.8 Further Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the Closing in accordance with the provisions hereof. 16.9 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. -5- 1 1231-0001\1505422 v I.doc P131 16.10 Survival. The provisions hereof shall not terminate but rather shall survive any conveyance hereunder and the delivery of all consideration. The covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Transaction. 16.11 Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. 16.12 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 17. Default. In the event of a breach or default under this Agreement by either Buyer or Seller that is not cured within ten(10)business days after written notice by the non-defaulting party, the non-defaulting parry shall have the right to terminate this Agreement for the purchase and sale of the Buildings,by delivering written notice thereof to the defaulting party. Such termination of the purchase and sale of the Buildings by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity, as provided herein. 18. Authority of City Manager. The City Manager shall have the authority to give all consents and approvals contemplated by this Agreement on behalf of the City provided they are given in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first-above written. BUYER: CITY OF RANCHO CUCAMONGA, a municipal corporation By: Print Name: Mayor ATTEST: City Clerk SELLER: WATER MILL HOMES, INC., a California corporation By: Print Name: Title: -6- 11231-0001\1505422v1.doc P132 EXHBIT "A" DESCRIPTION OF LAND THAT PORTION OF LOT 1, BLOCK J, ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT l; THENCE NORTH 146 FEET; THENCE WEST 312 FEET, THENCE SOUTH 146 FEET; THENCE EAST 312 FEET TO THE POINT OF BEGINNING. APN: 1089-081-20 11231-0001\1505422v l.doc P133 RESOLUTION NO.13-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE JOHNSTON HOUSE, AGREEMENT OF PURCHASE AND SALE DRC2013-00107, LOCATED AT 6998 ETIWANDA AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-081-20. A. Recitals. 1. The City of Rancho Cucamonga filed an application for the approval of the Johnston House Agreement of Purchase and Sale DRC2013-00107, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Agreement of Purchase and Sale is referred to as "the application." 2. On the 20th day of February 2013, the City Council of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this City Council during the above-referenced meeting on February 20, 2013, including written and oral staff reports, this City Council hereby specifically finds as follows: a The application applies to two buildings located at 6998 Etiwanda Avenue, commonly referred to as the Johnston House, but not the land itself; and b. The Johnston House site has a lot width of 146 feet and a lot depth of 312 feet and is presently improved with the Johnston House, 6 out buildings, and various concrete slabs; and C. The property to the north of the subject site contains an existing single-family house (the Pearson House, and Potential Local Landmark) and a vineyard, the property to the south contains existing residential land uses, the property to the east contains a school, and the property to the west contains a vineyard; and d. On December 14, 2011, the Planning Commission approved Tentative Tract SUBTT18819 for the subdivision of 10.6 acres into 17 residential lots, and Development Review DRC2011-00629 for the design review for 16 homes; and CITY COUNCIL RESOLUTION NO. 13-019 P134 DRC2013-00107 — CITY OF RANCHO CUCAMONGA February 20, 2013 Page 2 e. The applicant of Tentative Tract SUBTT18819 proposed the relocation of the Johnston House and office to Lot 17 within the subdivision to mitigate the environmental effects associated with the development of the project site; and f. Planning Commission Resolution (No. 11-66) required the applicant to submit an application for the relocation of the Johnston House and office. The application was to consider an Agreement of Purchase and Sale of Lot 17 within SUBTT18819 for the relocation of the Johnston House and office; and g. The City of Rancho Cucamonga does not have funds available for the purchase of a residential valued lot within a subdivision for the relocation of the Johnston House and office; and h. The City of Rancho Cucamonga prepared, and the applicant accepted, the draft Agreement of Purchase and Sale, and in consideration of $1.00, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, for the sale of the Johnston House and office. i. The City of Rancho Cucamonga is negotiating with the Etiwanda Historical Society to amend the Chaffey-Isle House lease agreement to accept the relocation of the Johnston House and office. 3. Based upon the substantial evidence presented to this City Council during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c.- ..The proposed use is in compliance with each of the applicable provisions of the Development-Code;and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration in December 2011 in connection with the City's approval of Tentative Tract SUBTT18819. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on CITY COUNCIL RESOLUTION NO. 13-019 P135 DRC2013-00107 — CITY OF RANCHO CUCAMONGA February 20, 2013 Page 3 the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The City Council finds, in connection with the Johnston House Agreement of Purchase and Sale DRC2013-00107, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The application proposes the acquisition of the Johnston House and office and their relocation approximately 500 feet from the current location, maintaining the original solar orientation of the structures. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed; and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The application proposes the acquisition of the Johnston House and office at a new location, which will provide a suitable location for the restoration of the structures. C. Based on these findings and all evidence in the record, the City Council concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of DRC2013-00107. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) The Johnston House Agreement of Purchase and Sale is contingent upon the successful renegotiation of the Chaffey-Isle House lease agreement" between the City of Rancho Cucamonga and the Etiwanda Historical Society to accept the Johnston House and office at the Chaffey-Isle House property located at 7086 Etiwanda Avenue. Should the City of Rancho Cucamonga and the Etiwanda Historical Society fail to reach agreement on the relocation of the Johnston House and office, the applicant will be responsible for the restoration of the Johnston House and office within the limits of Tentative Tract 18819, or at a different suitable location. 6. The Clerk to this City Council shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 20TH DAY OF FEBRUARY 2013. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA P136 \ 1 � MEMORANDUM ANTI LU CARE AND SERVICES DEPARTMENT RANCHO Date: February 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Veronica Fincher, Animal Care and Services DirectorAN Subject: AWARD THE PURCHASE OF STAINLESS STEEL CAGES FROM SHOR-LINE, IN THE AMOUNT OF$64,511, FUNDED FROM ACCOUNT NUMBER 1001104-5260 O&M/ANIMAL CARE, AND AUTHORIZE STAFF TO UTILIZE THE SHOR-LINE PRODUCT AS A STANDARD THROUGHOUT THE RANCHO CUCAMONGA ANIMAL CENTER. RECOMMENDATION It is recommended that the City Council award the purchase of stainless steel cages from Shor- Line, in the amount of$64,511, funded from account number 1001104-5260 (O&M/ANIMAL CARE), and authorize staff to utilize the Shor-Line product as a standard throughout the Rancho Cucamonga Animal Center. BACKGROUND/ANALYSIS The Purr Promenade area is the main housing area for the Animal Center's cats. The area is currently outfitted with laminate Shor-Line cages. The laminate caging has not withstood proper cleaning and disinfectant procedures. Many of the cages are broken and unusable, therefore minimizing the number of cats that can be safely housed in the area. Staff recommends replacing the laminate cages with new stainless steel cages in order to increase the visibility in the public adoption area, improve cleaning procedures, and provide a healthier environment for the cats. The Hallway area is used to house the overflow of dogs that enter the Animal Center. When the number of dogs exceeds the number of available kennels, the dogs are currently housed in plastic airline crates. The crates do not meet the minimum standards as set forth by the Guidelines for Standards of Care in Animal Shelters and they also reduce the ability for the public to view adoptable dogs. The use of airline crates dates back to the inception of the Animal Center and was inherited from prior administration. Since the beginning of the current fiscal year, staff has been working on cost estimates and a plan to replace the crates with proper caging units. Staff recommends installing new stainless steel cages to meet required standards, such as proper housing space and cleaning protocols, and to increase the exposure of our adoptable dogs to the public. $ The existing stainless steel caging system was originally purchased from and installed by Shor-Line during the City's renovations of the Animal Center. Staff recently conducted market research for feasible options to augment the existing caging system and expedite a solution to the pending issues. As a result of the research conducted, staff has determined that continuing to utilize the Shor-line product to ensure compatibility throughout the Center is in the City's best interest. Shor-Line was asked to assessed the Purr Promenade and Hallway area and provide a proposal for new stainless steel cages. Staff has reviewed their proposal and has determined they will be able to meet the Center's requirements without the need for costly modifications to the existing caging P137 PAM:2 design and closely integrated HVAC system. Therefore, staff is requesting that Council approval a single source purchase and installation of stainless steel cages from Shor-Line in the amount of $64,511 and authorize staff to utilize the Shor-Line product as a standard throughout the Center in order to improve facility maintenance efficiency and expedite the procurement of future requirements. All documentation is on file within Purchasing and the Animal Center. Veronica Fincher Animal Services Director P138 STAFF REPORT ANI\-L-kL CARE AND SERVICES RANCHO Date: February 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Veronica Fincher, Animal Services Director Subject: Approval to receive and file Animal Center statistics for 2012 calendar year and for the month of January 2013. RECOMMENDATION Staff recommends the City Council receive and file the Animal Center statistics for 2012 calendar year and for the month of January 2013. BACKGROUND/ANALYSIS The Animal Center tracks monthly statistics as a means of monitoring our Center's operations. Once approved, these statistics will be placed on the City's website. In 2012, the Animal Center impounded and cared for 5,388 dogs and cats and 355 small mammals and birds. Of the dogs and cats, 2,326 were adopted, 722 were placed with rescue or adoption partners, 576 were reunited with their owners, 241 cats were spayed or neutered and returned to caregivers in our trap neuter and return (TNR) program and 665 kittens, puppies, behaviorally challenged animals and senior animals were placed into volunteer foster homes. When they were old enough or well enough to be adopted, they were returned to our Center for adoption or rescue (dispositions included in outcome numbers). Our live release placement rate remained stable at 84%. We ended the year with a euthanasia rate of 14.6%, which includes those animals that were euthanized at the request of their owners due to terminal illnesses and/or irremediable suffering as determined by a licensed Veterinarian. The Animal Center started January 2013 with 228 dogs and cats and 10 small mammals or birds. Throughout the month of January, the Center cared for an additional 286 dogs and cats and 13 small mammals. Of that number, 307 dogs and cats were adopted, rescued, sent to foster homes or were returned to their owners. Additionally, 26 dogs and cats were euthanized (4 of which euthanasia was requested by the owner due to terminal illnesses). As of January 30th, the Animal Center's population was 174 dogs and cats and 11 small mammals, which is within the Center's capacity for care of 350 animals. Respectfully ubmitted, P/ Veronica Find er Animal Services Director Attachments: Animal Center Statistics for calendar year 2012 and January 2013. P139 r City of Rancho Cucamonga Animal Care and Adoption_Center January 1, 2012 - December 31, 2012_ Field Officer Calls Assist Police,Fire,Other OMcer 74 Deceased Animal Pick Up 979 Investigate Bark 3441 RANCHO --- —_. - -_ CUCAMONGA Investigate Neglect 151' -- - - . , Invcstigntc Other([nv.Bile,Inv.Abmtd,Inv.Tethering,b7tmi Violations). 399 Stray(respond to aggressive and free roaming animals) 1504 Wild Animals 269 Other(leash law violations,patrol,quarantines,rescue,admin) 1 3800 Total Field Calls _ 7,520 Animal Licenses Sold Dog Licenses 10,014 Animal Center Statistics DOG CAT Total Animals A. I Shelter Count as of January 1,2012 176 91 267 Intake(Live Animal) B. From Public(stray or abandoned) 2167 185_0 4017 G From Ownc/Guardian— 184 110 294 D. Adoption Returns 118 73 191 G Returned from Foster Care 87 591 678 F. Other(Born at Center,Transferred to Center from other Shelter) 48 1 81 129 G. 'Owner Requested Euthanasia 60 19 79 B. Total Intake 2664 2724 5388 Outcome I Adoptions - — — 1251 1075 2326 J. 1TNR or Relocate(Feral Cats,Barn Cats) 0 241 241 k. Transfer to Correct Animal Shelter(jurisdiction) 9 2 11 L. Sent to Foster Home _ _ 83 582 665 M. Rescue Partner - 452 270 722 N. 'Reunited with Owner 556 20 576 O. Total Live Outcome 2351 2190 4541 Euthanized P. Medical(age,injured,sick) 103 394 497 Q. Other(aggressive,unadoptable,behavior,spacc.feral) 156 53 209 R. ,Owner Requested Euthanasia 60 19 79 S. Total Euthanasia 319 466 785 'r. Died,Escaped,or Missing 22 82 104 U. Euthanasia Rate=S/H 12.0% 17.1% 14.6% V. Live Release Rate O/H=%Live Release 88% 80% 84% W. Ending Shelter Count its of December 31,2012 148 77 225 Additionally.the Animal Center took in 355 small mammals(birds,hamsters.rabbits.wildlife)of which 176 where ado ted,rescued or released back into the wild. Wildlife and Rabbits Impounded Animal Report P140 1/1/2012 to 12/31/2012 ACTIVE DECEASED TOTAL BIRD CHICKEN 5 1 6 COCKATIEL 3 0 3 CROW 1 25 26 DOVE 14 1 1'S DUCK 14 1 13 FALCON 2 1 3 FINCH 1 1 2 GAMEFOWL 1 0 1 GOOSE 1 0 1 HAWK 19 1 20 JAY 6 0 6 MACAW 1 0 1 OTHER BIRD 28 4 32 OWL 11 4 15 PARAKEET 2 0 2 PARROT 1 0 1 I PIGEON 14 1 15 QUAIL 0 1 1 RAVEN 0 1 1 SONG BIRD 11 1 12 WATER FOWL 3 0 3 OTHER BAT 7 7 14 BOBCAT 0 1 1 COTTONTAIL 8 22 30 COYOTE 6 14 20 DEER 0 1 1 DUTCH 1 0 1 FERRET 1 0 1 FLEMISH GIAN' 1 0 1 i FOX 0 2 2 iGOPHER 0 2 2 GUINEA PIG 4 0 4 JACK 1 0 1 P141 ACTIVE DECEASED TOTAL OTHER LIZARD 3 0 3 OPOSSUM 54 318 372 RABBIT LH 1 1 2 RABBIT SH 77 86 163 RACCOON 6 12 18 RAT 18 1 19 SKUNK 2 9 11: SNAKE 2 2 4 SQUIRREL 4 22 26 TORTOISE 6 0 6 TURTLE 15 0 1'S TOTAL 355 543 896 P142 City of Rancho Cucamonga Animal Care and Ad-option Center Month of January 1, 2013 Field Officer Calls Assist Police,Fire,Other Officer 7 Deceased Animal Pick Up t 911 !Investigate Bark _I 221 _RANC140 (�UCAMONGA —Investigate Neglect 14 _ j Invatiswe Other(Inv.Bite,Inv.AIw(l,Inv.Tctlxring,Muni Violations) }t -_68 Stray(respond to aggressive and free roaming animals) 121' Wild Animals_ 12: Other(leash law violations,patrol,quarantines,rescue,admin) — 275 ITotal Field Calls - --610 Animal Licenses Sold _IDog_Licenses 1,033 Animal Center Statistics DOG CAI' Total Animals A. ,Shelter count as of January 1,2013 141 I _87 228 Intake(Live Animal) _ B. From Public(stray or abandoned) 169 71 240 C. i From OwnedGuardian _ _11 6 17 D.!Adoption Returns 6 4 10 E. Returned from Foster Cam _ _ _ 7 8 15 F. Other(Bom at Center,TmnsAerred to Center from other Shelter) 0 i -0 _0 G. Owner Requested Euthanasia 4 0 4 g. Totaf intake 197 89 286 Outcome I Ad�opUons - —— 111__T 70 _ 181 1. TNR or Relocate(Feral Cats,Barn Cats) 0 23 23 K. Transfer to Correct Animal Shelter(jurisdiction) 0 0 0 L. Sent to Foster Home _ 3 1 I 1_4 M. Rescue Partner __ 39 3 42 N. F Reunited with O%vncr j 47 0 47 O. Tom]Live Outcome 200 107 307 'Euthanized P. !Medical(agc,injured,sick) -- 5 10 15 OtQ. ter(aeEressivC,unadoptable.behavior,space,feral) 6 1 7 R. Owner Requested Euthanasia 4 0 4 S. Total Euthanasia 15 11 26 'f. Died.Escaped,or Missing 1 6 7 U. Inventory Error(Duplicate ID Numbers) 0 0 0 V. Euthanasia Rate=SIH 7.6% 124% 91% W..Ending Shelter Count m of January 31,2013 122 52 174 "Additionally.the Animal Center started January with 10 small mammals and birds and impounded an additionul 13 more. Du ng the month of Junuary. 12 were adopted.rescued or released back into the wild. P143 M 1p i t M I I ID O CL I W t0 In O O O O M O O O M r O tf) O co Q M W r ❑ N C r O M w O r > Er U r r o r o M o CL C r ❑ � ~ O a = Z J W � m U) w Y m O w U F- O rx, p Q W O Q O w ❑ m O ❑U' O 2 to w m U W W C7 O � J O = � O m O F P144 STAFF REPORT f CITY MI-�NAGER'S OFFICE RANCHO Date: February 20, 2013 C,'UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Fabian Villenas, Principal Management Analyst Subject: APPROVAL OF APPROPRIATION OF COPS SECURE OUR SCHOOLS GRANT REMAINING FUND BALANCE IN THE AMOUNT OF $11,000 INTO ACCOUNT 1373701-5005 (OVERTIME SALARIES),$5,000 INTO ACCOUNT 1373701-5102 (TRAINING) AND $20,000 INTO ACCOUNT 1373-701-5300 (OVERTIME FOR SERGEANTS) TO COMPLETE TACTICAL MAPPING SCHOOL SAFETY PROGRAM RECOMMENDATION It is recommended that the City Council approve the appropriation of the remaining fund balance from the COPS Secure Our Schools (SOS) grant funding of $11,000 into Account 1373701-5005 (Overtime Salaries), $5,000 into Account 1373701-5102 (Training) and $20,000 into Account 1373- 701-5300 (Overtime for Sergeants) in order to complete the Tactical Mapping School Safety Program. BACKGROUND In 2010, the City of Rancho Cucamonga was the recipient of a U.S. Department of Justice COPS Secure Our Schools (SOS) Grant in the amount of $173,421 in order to implement the Tactical Mapping School Safety Program. This program, developed through a partnership between the City's GIS Division, Fire District, and Police Department, provides first responders with an interactive tactical mapping resource that allows them to electronically access an overview of each school and their floor plans, and panoramic photos of classrooms and other public gathering places while en route to the scene of an emergency such as an active shooter scenario. City and Police staff completed the application process and the San Bernardino County Sheriff's Department submitted the application on our behalf. GIS and Police staff has been diligently working to implement the program in the four high schools and eight junior high schools in Rancho Cucamonga as identified in the grant application. The program is primarily completed and staff is working to incorporate the tactical mapping program into mobile devices. During this process, the City received an extension to complete the program. The FY 2012/13 Budget, however, did not provide funding for the extension and the additional expenditures beyond the original August 2012 deadline. This action by the City Council will allow for the COPS SOS grant fund balance that remained from last fiscal year to be carried over into the current fiscal year and be expended. Sincerely, �N- Fabian A. Villenas Principal Management Analyst P145 STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Date: February 20, 2013 RANCHO CUCAMONGA To: Board President L. Dennis Michael and Members of the Board of Directors John R. Gillison, District CEO From: Mike Bell, Fire Chief By: Rob Ball, Fire Marshal Subject: Ordinance Amending the Penalties, Procedures, and Remedies applicable to Fireworks RECOMMENDATION It is recommended that the Board of Directors approve Ordinance No. FD 53 amending Ordinance FD 45, the Fire District's administrative citation ordinance, and Ordinance FD 50, the District's Fire Code adopting ordinance, in order to bring the District's penalties, procedures, and remedies applicable to fireworks into alignment with recently adopted State legislation and the associated rules and regulations of the State Fire Marshal. BACKGROUND This is the second reading of an ordinance that makes changes to two existing Fire District ordinances in order to align the District's fireworks enforcement procedures with the State's new and revised administrative procedures related to fireworks. Please refer to the staff report dated February 6, 2013 for the first reading of this ordinance for the comprehensive background of the ordinance. ANALYSIS The changes that this proposed ordinance makes to the District's existing ordinances FD 45 and FD 50 are necessary to bring the District's ordinances into alignment with the State's new laws regarding the penalties, procedures, and remedies applicable to the unlawful use of fireworks. The changes made by this ordinance are administrative and do not affect the voter-approved initiative that prohibits the use of safe and sane fireworks within the City. Respectfully submitted, el� J?� Mike Bell Fire Chief P146 ORDINANCE NO. FD 53 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING ' THE PENALTIES, PROCEDURES, AND REMEDIES APPLICABLE TO FIREWORKS, INCLUDING DANGEROUS FIREWORKS AND SAFE AND SANE FIREWORKS, AND FIRE OR LIFE SAFETY VIOLATIONS OF THE MUNICIPAL CODE, AND AMENDING ORDINANCE NO. FD 45 AND ORDINANCE NO. FD 50 WHEREAS, pursuant to Senate Bill 839 ("SB 839"), effective as of January 1, 2008, the State Fireworks Law authorizes local jurisdictions to prohibit the possession of dangerous fireworks in the amount of 25 pounds or less and to assess a fine for the unlawful possession of 25 pounds or less of dangerous fireworks; WHEREAS, pursuant to SB 839, any local jurisdiction which already had in place as of January 1, 2008 an administrative fine ordinance which permits levying a fine for the use or possession of dangerous fireworks within that jurisdiction must, as soon as practical: (1) amend the ordinance to provide for cost reimbursement to the State Fire Marshal for transportation and disposal of dangerous fireworks seized by that jurisdiction, (2) amend the ordinance to provide that it is limited to persons who possess 25 pounds or less of dangerous fireworks, and (3) amend the ordinance to provide that fines collected pursuant to the administrative fine are not subject to the 65%/35% split that applies to Superior Court fines; WHEREAS, the District Board determines that the adoption of this ordinance regulating the possession, sale, use, display, and discharge of dangerous fireworks is necessary in order to comply with SB 839 and the State Fireworks Law; WHEREAS, the administrative fines set forth herein are imposed under authority of SB 839 and Government Code Section 53069.4; WHEREAS, the Rancho Cucamonga Fire Protection District and its Fire Chief are charged with enforcing fire and life safety provisions of the Municipal Code of the City of Rancho Cucamonga, in addition to the ordinances and codes of the Rancho Cucamonga Fire Protection District, within the jurisdictional boundaries of the City of Rancho Cucamonga; NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District HEREBY ORDAINS as follows: SECTION 1: Subdivision A of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: Page 1 of 11 P147 "A. No person shall violate or fail to comply with any provision or requirement of the most recent version of the California Fire Code as adopted and amended by the District ("the Fire Code"), any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to said Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code. Any person who shall violate or fail to comply with any provision or requirement of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to said Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code, shall be guilty of a misdemeanor unless (1) such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person shall be guilty of an infraction; or(2) such a violation or failure is prosecuted as a civil administrative action pursuant to this Ordinance. Any person, business, organization, corporation, or other entity that fails to pay an administrative fine or to comply with an Administrative Order is guilty of a misdemeanor as provided in this Ordinance." SECTION 2: Subdivision B of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "B. (1) Except as provided in subsections (2) and (3), any violation of any provision of the Fire Code or any District Ordinance may be prosecuted as an infraction unless otherwise provided in the Fire Code, as a misdemeanor, or as a civil administrative action in the discretion of the District Attorney or District Prosecutor, after consultation with the Fire Chief. (2) Any violation of any provision of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to any fire or life safety provision of the Municipal Code, pertaining to possession, sale, use, and/or display, or the seizure, of 25 pounds or less (gross weight) of dangerous fireworks shall be prosecuted as a misdemeanor, unless otherwise provided by State or federal law, or as a civil administrative action, in the discretion of the District Attorney or District Prosecutor, after consultation with the Fire Chief. As used in this Subparagraph (2), `dangerous fireworks' shall have the meaning set forth in Section 9.C. (3) Any violation of any provision of the Fire Code, District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to any fire or life safety provision of the Municipal Code, pertaining to the sale, use, and/or discharge of safe and sane fireworks shall be prosecuted as a misdemeanor, unless otherwise provided by State or federal law, or as a civil administrative action, in the discretion of the District Attorney or District Prosecutor, after consultation with the Fire Chief. As used in this Subparagraph (2), `safe and sane fireworks' shall have the meaning set forth in Section 9.C." Page 2 of 11 P148 SECTION 3: Subdivision C of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "C. Every day any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code shall continue shall constitute a separate offense." SECTION 4: Subdivision D of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "D. Unless otherwise specifically provided in the Fire Code, any District Ordinance, or the Municipal Code, any person guilty of a misdemeanor for violation of any provision of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code shall be punished by a fine of not more than One Thousand Dollars ($1,000) for each violation or offense, or by imprisonment for a period of not more than six (6)months, or by both such fine and imprisonment." SECTION 5: Subdivision G of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "G. The violation of any of the provisions of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to said Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code constitutes a nuisance and may be abated by the District through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances." SECTION 6: Section 2 of Ordinance No. FD-45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "Section 2. Mandatory appearance required. Whenever any person is arrested for any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code, the arrested person shall be taken without unnecessary delay before a magistrate who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made when the person arrested: A. Fails to present a driver's license or other satisfactory evidence of identity for examination. Page 3 of 11 P149 B. Refuses to give a written promise to appear in court. C. Demands an immediate appearance before a magistrate." SECTION 7: Subdivision A of Section 3 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "A. Pursuant to the provisions of State law, the District officers or employees designated by the District Board to issue citations and make misdemeanor arrests may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or misdemeanor violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, any condition of any permit issued pursuant to the Fire Code, District Ordinance, fire or life safety provision of the Municipal Code, or any violation of any State statute, which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees." SECTION 8: Section 5 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "Section 5. Definitions. The following words and phrases, when used in the context of this Ordinance, shall have the following meanings: A. Citing Official means any officer or employee authorized by the District Board to issue citations and any officer or employee authorized by the Municipal Code or any ordinance or resolution of the City Council of the City of Rancho Cucamonga to issue citations, and the same shall be subject to Section 3 of this Ordinance. B. City Clerk means the City Clerk of the City of Rancho Cucamonga, or the City Clerk's designee. City Clerk also means any official or department of the City designated by the City Manager to perform functions of the City Clerk specified in this Chapter. C. Fire Chief means the Fire Chief of the Rancho Cucamonga Fire Protection District or the Fire Chiefs designee. D. Fire Marshal means the Fire Marshal of the Rancho Cucamonga Fire Protection District or the Fire Marshal's designee. E. Fire or life safety provision of the Municipal Code means all of the following: (1) Chapter 8.12 of the Rancho Cucamonga Municipal Code; (2) any provision of the Rancho Cucamonga Municipal Code which addresses fire or life safety; and (3) any provision of the Rancho Cucamonga Municipal Code in which authority to enforce said provision has been given to the District's Fire Chief, the Page 4 of 11 P150 District's Fire Code Official, the Fire Chief for the City of Rancho Cucamonga, and/or to any employees of the City of Rancho Cucamonga's Fire Construction Services and Code Enforcement divisions who have been expressly designated by the appointing authority as having the power of arrest under the Municipal Code, Fire Code, and/or any District Ordinance. F. Legal Interest means any ownership interest of any person in real property as evidenced by title or ownership documents or instruments which have been recorded with the San Bernardino County Recorder's Office or which are on file with, or in possession of, any other governmental entity. Legal Interest shall also include the property interest of lessees or tenants of real property, as well as all sublessors thereof. G. Municipal Code means the City of Rancho Cucamonga Municipal Code. H. Person means any natural person, business, organization, corporation, or other entity. I. Responsible Person means any natural person, business, organization, corporation, or other entity determined by a Citing Official to be responsible for causing, maintaining, permitting, or allowing a violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code. Responsible Person includes but is not limited to any person, business, organization, corporation, or other entity having an ownership or possessory interest in property, or any agent thereof with actual or apparent authority, possession, or control of property, as well as any other person, business, organization, corporation or other entity that creates, permits, or allows a violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code to occur or be maintained." SECTION 9: Section 9 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "Section 9. Administrative fine. A. For any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code deemed to be an infraction, and for which there is no specific administrative penalty established in the Fire Code or District Ordinance by the District Board or in the Municipal Code by the City Council, or otherwise set forth in an adopted administrative penalty schedule, the fine shall be in the amount of One Hundred Dollars ($100.00) for a first violation; Two Hundred Dollars ($200.00) for a second violation of the same provision of the Fire Code Page 5 of 11 P151 within a twelve month period; and Five Hundred Dollars ($500.00) for each additional violation of the same provision of the Fire Code, District Ordinance or Municipal Code within a twelve month period provided, however, that for any infraction that is a violation of a building and safety code of the City of Rancho Cucamonga or the Rancho Cucamonga Fire Protection District, the foregoing fines shall be increased to One Hundred Dollars ($100.00), Five Hundred Dollars ($500.00), and One Thousand Dollars ($1,000.00), respectively. B. Except as provided in Subsection C, for any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code deemed to be a misdemeanor, the administrative fine shall not exceed One Thousand Dollars ($1,000.00). C. Dangerous Fireworks. 1. As used in this Ordinance, `dangerous fireworks' means those fireworks classified as "dangerous fireworks" in California Health and Safety Code § 12500, et seq., and such other fireworks as may be determined to be dangerous fireworks by the State Fire Marshal. 2. Scope: The imposition of administrative fines related to dangerous fireworks under this Subsection C shall be limited to persons who possess, sell, use, and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks. 3. For any violation of the Fire Code, any District Ordinance or any fire or life safety provision of the Municipal Code relating to the possession, sale, use, and/or display of dangerous fireworks, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code relating to dangerous fireworks, the administrative fine shall be $1,000, plus a late charge of $500 if the fine is not paid within 20 days of the date of the citation, plus all costs incurred by the District that result from the transportation and disposal by the Office of the State Fire Marshal of any dangerous fireworks seized from the person. 4. For any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or fire or life safety provision of the Municipal Code relating to the sale, use and/or display of safe and sane fireworks, the administrative fine shall be $1,000, plus a late charge of $500 if the fine is not paid within 20 days of the date of citation, plus all costs incurred by the Office of the State Fire Marshal for the transportation and disposal of any safe and sane fireworks. Page 6 of 11 P152 5. Administrative fines collected pursuant to this Section for violations pertaining to dangerous fireworks shall not be subject to Health and Safety Code § 12706. However, the District shall provide cost reimbursement to the State Fire Marshal for the transportation and disposal of dangerous fireworks seized by the District from the violator, where applicable. These costs will be included in any administrative fines imposed under this Section. The costs incurred by the Office of the State Fire Marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the Office of the State Fire Marshal at the time a person is cited for possession of dangerous fireworks under this Ordinance, the District shall hold in trust $250 (two hundred fifty dollars) or 25% (twenty-five percent) of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the dangerous fireworks. D. Administrative fines assessed pursuant to an administrative citation are a debt owed to the District." SECTION 10: Section 16 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 16. Procedures at administrative hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross-examine witnesses. The District bears the burden of proof at an administrative hearing to establish a violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code. Administrative citations, compliance orders, and any additional reports submitted by the Citing Official shall constitute prima facie evidence of the facts contained in those documents. The Administrative Hearing Officer shall use preponderance of evidence as the standard of review in deciding the issues." SECTION 11: Section 19 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 19. Late payment charges. Any person who fails to pay to the District, on or before the due date, any administrative fine imposed pursuant to the provisions of this Ordinance, shall be liable for the payment of the administrative fine plus applicable late payment charges as follows: A. For payments received within ninety(90) days after the due date, a late fee in the amount of fifty(50%)percent of administrative fine due; B. For payments received more than ninety(90) days after the due date, a late fee in the amount of one hundred (100%) percent of the overdue administrative fine. Page 7 of 11 P153 C. Late payments for violations relating to dangerous fireworks and safe and sane fireworks shall be determined by Section 9.C.3 and 9.C.4. of this Ordinance." SECTION 12: Section 24 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 24. Remedies cumulative. The conviction and punishment of any person for failure to comply with the provisions of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or fire or life safety provision of the Municipal Code shall not relieve such person from paying any tax, fee, penalty, or interest due and unpaid at the time of such conviction, nor shall payment prevent a criminal prosecution or imposition of a civil or administrative penalty for the violation of any of the provisions of this Ordinance. All remedies shall be cumulative, and the use of any one or more remedies by the District shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Ordinance." SECTION 13: Section 25 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 25. Administrative penalties: Continuing violations -- Compliance orders. The administrative remedy provided in this Ordinance for any continuing violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code, related to building, electrical, mechanical, or similar structural issue that does not create an immediate danger to health or safety may be exercised in place of, or in addition to, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable. If a violation is not prosecuted criminally, the District may proceed with civil or administrative proceedings pursuant to this Ordinance." SECTION 14: Section 26 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 26. Compliance order. Whenever the Citing Official determines that there exists a continuing violation of any provision of the Fire Code, any District Ordinance or any fire or life safety provision of the Municipal Code or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code related to building, electrical, mechanical, or similar structural issue that does not create an immediate danger to health or safety, the Citing Official shall issue or cause to be issued a written compliance order to any Responsible Person, and such order shall be served by the Citing Official as provided in this Ordinance." Page 8 of 11 P154 SECTION 15: Section 33 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 33. Exclusive procedures. The procedures set forth in this Ordinance are the exclusive procedures applicable to enforcement of the Fire Code, District Ordinances, fire or life safety provisions of the Municipal Code, and conditions of permits issued pursuant to said Fire Code, District Ordinances, and fire or life safety provisions of the Municipal Code. Any and all other penalty procedures previously adopted by the District are hereby repealed provided, however, that such repeal shall not affect or excuse any violation occurring prior to the effective date of this Ordinance." SECTION 16: Section 2.1.3 of Ordinance No. FD 50 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "2.1.3 The term "fire code official" shall mean the fire chief or his/her designee charged with the implementation, administration, and enforcement of the Fire Code, District Ordinances, fire or life safety provisions of the Municipal Code, and/or permits issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code." SECTION 17: Section 2.1.6 is added to Ordinance No. FD 50 of the Rancho Cucamonga Fire Protection District to read as follows: "2.1.6 The term "Municipal Code" shall mean the Municipal Code of the City of Rancho Cucamonga." SECTION 18: Section 2.2.1 of Section 2, Fire Code Adopted, of District Ordinance No. FD 50, is hereby amended to read as follows: "2.2.1 Reasonable fees, not to exceed .fully burdened actual costs, may be collected by the fire code official for fire protection planning, fire prevention services, inspections, and permit issuance as allowed by the Fire Code, this Oerdinance, any other District Ordinance, the Municipal Code, any permits issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code, and as prescribed by any and all District fee resolutions and/or City Council fee resolutions." SECTION 19: Section 3301.1.3 of Chapter,33 of the 2009 International Fire Code, as amended and adopted by the District in District Ordinance No. FD 50, is amended to read as follows: "3301.1.3 Fireworks. a. The possession, manufacture, storage, sale, offer for sale, display, handling, discharge, and use of all fireworks, including but expressly not limited to dangerous fireworks and safe and sane fireworks, are prohibited. Page 9 of 11 P155 b. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Ordinance shall also constitute a violation. Exceptions: 1. Storage and handling of fireworks as allowed in Section 3304 and Title 19 CCR, Chapter 6. 2. Manufacture, assembly, and testing of fireworks as allowed in Section 3305 and Title 19 CCR, Chapter 6. 3. The use of fireworks for display as allowed in Section 3308 and Title 19 CCR, Chapter 6. 4. The possession, storage, sale, handling, and use of specific types of Division I AG fireworks where allowed by applicable laws, ordinances, and regulations, including but not limited to safe and sane fireworks, provided such fireworks comply with Title 19 CCR, Chapter 6; CPSC 16 CFR, Parts 1500 and 1507; and DOTn 49 CFR, Parts 100-178, for consumer fireworks. 5. The possession of safe and sane fireworks. SECTION 20: Except as otherwise expressly amended herein, Ordinance No. FD 45 and Ordinance No. FD 50 each remains in full force and effect. SECTION 21: Compliance with the California Environmental Quality Act. The District Board finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 22: Severability. The Board of Directors declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Page 10 of 11 P156 SECTION 23: Rights Reserved Nothing in this Ordinance hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or any liability incurred, or any cause or causes of action, or any existing agreement under any ordinance hereby amended; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance. SECTION 24: Publication The Secretary of the District shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted as required by law. PASSED, APPROVED,AND ADOPTED this 6th day of February, 2013. AYES: NOES: ABSENT: ABSTAINED: President L. Dennis Michael ATTEST: Janice C. Reynolds, Secretary I, Janice C. Reynolds, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 6th day of February, 2013, and was passed at a Regular Meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the day of , 2012. Executed this day of , 2012, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Page 11 of 11 P157 STAFF REPORT PLANNIIVG DEPARTMENr Date: February 20, 2013 RANCHO To: Mayor and Members of the City Council C;UCAMONGA From: Jeffrey A. Bloom, Deputy City Manager/Economic & Community Development By: Tabe van der Zwaag, Associate Planner Subject: ENVIRONMENTAL ASSESSENT AND GENERAL PLAN AMENDMENT DRC2012-00727 - HOMECOMING V AT TERRA VISTA, LLC - A request to change the land use designation from Mixed Use to Medium High Residential for 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Terra Vista Community Plan — APN: 0227-151-49 and 50. Related files: Tentative Tract Map SUBTT18856, Development/Design Review DRC2012-00726, and Minor Exception DRC2012-00759. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. CONTINUED FROM FEBRUARY 6, 2013. RECOMMENDATION: The Planning Commission recommends that the City Council approve General Plan Amendment DRC2012-00727. , CONTINUANCE: On February 6, 2013, the City Council continued the hearing to February 20, 2013, because an incorrect size legal ad was published. BACKGROUND: On January 9, 2013, the Planning Commission approved a 306-unit market-rate rental condominium project submitted by Lewis Apartment Communities and recommended that the City Council approve the related General Plan Amendment. ANALYSIS: The applicant requests to amend the General Plan in order to change the land use designation on a 19.25=acre parcel from Mixed Use to Medium High Residential, in concurrence with the Terra Vista Community Plan land use designation of Medium High Residential. The General Plan land use designation for the project site was changed from Medium High (MH) residential to Mixed Use (MU) with the 2010 General Plan update. In that update, the City identified large vacant parcels along Foothill Boulevard as potential mixed use sites in order to encourage the creation of transit oriented developments. The 19.25-acre Homecoming project site, along with the 28-acre parcel to the south, were designated in the General Plan as Mixed Use Planning Site #7 (Foothill Boulevard and Mayten Avenue). In the 2010 General Plan update, the goal was to have the entire site developed as an integrated mixed use center with an urban village setting, including a pedestrian-friendly gridded street network, large public spaces, and surface parking located behind the buildings. Lewis Apartment Communities recently purchased the existing residentially zoned portion of the site in order to develop a multi-family project in conformance with the Terra Vista Community Plan. Lewis Apartment Communities does not wish to develop an integrated mixed use project as outlined in the General Plan, but would like to build a project that can be integrated with their existing Homecoming project across the street. In the applicant's letter of request for the General Plan amendment, they state that they wish to leverage Homecoming's recreational amenities, brand recognition and skilled staff to drive the success of the new development. The applicant further states that because of tenant demand they only build gated communities, which would preclude building an open mixed use project. The CITY COUNCIL STAFF REPORT P158 DRC2012-00727- HOMECOMING V AT TERRA VISTA, LLC February 20, 2013 Page 2 applicant concludes their request by stating that the nearly 15-foot grade differences between Church Street and Foothill Boulevard make it difficult to build an integrated project that fronts both streets without using multiple retaining walls. Planning staff has evaluated the applicant's request to change the land use designation in the General Plan from Mixed Use to Medium High Residential. Staff concurs that the grade differences on the larger 28-acre parcel to the south would make it challenging to develop an integrated mixed use project. Further, the proposed Homecoming development also does not preclude the property owner of the 28-acre parcel to the south from developing a mixed use project. The applicant's project will provide pedestrian access points to each of the adjacent streets for easy access to the future development to the south and the planned bus rapid transit along Foothill Boulevard. It will also offer a land use buffer between the existing residential developments to the north, east, and west and the future commercial uses to the south that will face Foothill Boulevard. In summary, staff concludes that the proposed land use change, in conjunction with the associated 306-unit apartment community, will create a project that is well-integrated into the surrounding neighborhood and built environment, and provide for the orderly development of the Terra Vista Community Plan as originally planned as a multi-family site under Medium High development standards. Additionally, the requested land use change will not place any limitations on the development of the remaining 28-acre site as a mixed use site. SB18 Tribal Consultation: California State Bill 18 requires that the City send project notification to California Indians when a project proposes a General Plan amendment. In this case, the applicant's environmental consultant (LSA Associates, Inc.) performed the SB18 notification. The Soboba Band of Luiseno Indians requested consultation with the City and with the applicant. The consultation took place on October 11, 2012, with the tribal representative recommending that the applicant enter into an agreement for the disposition of any Native American artifacts or human remains found on the site and for an archeologist to monitor the site during the grading phase. These mitigation measures have been incorporated into the Mitigation Monitoring Checklist. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to aesthetics, cultural resources, hydrology and water quality, noise, air quality, greenhouse gas, and geology and soils, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper with a large, 1/8th page legal advertisement, and the property was posted. Respectfully submitted, Jeffrey A. B oom Deputy City Manager/Economic & Community Development JAB:TV/ge CITY COUNCIL STAFF REPORT P159 DRC2012-00727- HOMECOMING VAT TERRA VISTA, LLC February 20, 2013 Page 3 Attachments: Exhibit A - General Plan Changes Exhibit B - Planning Commission Staff Report, dated January 9, 2013 Exhibit C - Planning Commission Resolutions of Approval, dated January 9, 2013 Exhibit D - Planning Commission Minutes, dated January 9, 2013 Exhibit E - Applicant's Statement of Justification Draft Resolution of Approval for General Plan Amendment DRC2012-00727 P160 6p u Al 7~ Ep L, >�1 I All Q 31i f < E 0) °- i� d N X = , .rn.,.�wj„. ` _ o z E U Q O * oz 3 �f, a CC >L- Hz 4 R 3 %Wes"" w.r.wa fl .y r rL.a ow 4rS(.i L � 1 L J - � 7 < 1.' •■ V v {_ ,gm!k/► EXHIBIT A -� P161 Commercial 40%-60% 1-8.1 28.7 acre 28.7 acres s11.42-17.13 acres 17.13 acres Office—professional 6%-10% _' 9 4.8 acre 4.8 acres 1.17-2.86 acres 2.86 acres Public/Quasi-Public— ° 1.9 acres 1.9 acros parks/public plazas 4/0 1.14 acres 1.14 acres 12.4 23.9 acroe 12.1 acres 7.4-14.3 acres p 7.4 acres 0 Residential 26%-50% 24-30 du/acre 30 du/acre 298 to 717 du 372 du 178 to429 du 222 du Totals 100% 4773 acres 47.8 acres 28.55 acres 28.55 acres Note: 1. Indicates target density, not a range. Actual density may increase up to 30 du/ac as long as the total of 717'129dwelling units is not exceeded. Table LU-15: COut Summary Dwelling Units 55,608 91 55,699 62496 1,057 7.551 13.6Q; 62,465 63,522 7,823 14°/0 Population 179,200 300 179,500 404 3,400 X3$88 24,300 13.5% 201267 204,667 25,167 14% Non- 89 97 99 991787,-888 4977677040 21.7% Residential 80,030,000 0 80,030,000 99 548,000 0 99,548,000 19,518,000 24.4% Square Feet to ment 77,350 0 77,350 104,0070 0 104 5 8 27 27,228 35 2% Notes: 1. 2009 Baseline data is based on Existing Land Use Geographical Information Systems land use data. 2. Sol:Rancho Cucamonga Sphere of Influence. P162 N V o o M (YI r tO C 0. 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O (D V O h t+ N `— C O `n u v1 O z M h N O N CD NMI CD V O O O) (i7 �7 M M r O (YJ If) J QJ .0 M O 1� N C) (W OOI tt Chi 00' 00 (O .- N- C17 .- !� C7) CO (f) M (f) V 0 +`.• • O co co. h C'''AD M LO OD .- .7 LU N Q) CO V' M C- (f) V Q C O V C y > Ln C C 3 O 13 C C O C O ,,,..1 C �, Q N O !(). Ip p 0)M �v �� O�1 IP1 " O O d'p T O fi 6 r �- i ° E w tL o o w o v o m d t. O 0 o E O 0 o ? Q u P 4• N) C a r s o v E m > > a� o o 2 o C a m v z cc T "m v t . U a Q a 03 c .o v v 03 J > vi rz P165 STAFF REPORT P V-4N GDEPARTMENT Date: January 9, 2013 RANCHO UCAMONGA To: Chairman and Members of the Planning Commission From: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development By: Tabe van der Zwaag, Associate Planner Subject: ENVIRONMENTAL ASSESSENT AND GENERAL PLAN AMENDMENT DRC2012-00727 - HOMECOMING V AT TERRA VISTA, LLC - A request to change the land use designation from Mixed Use to Medium High Residential for 19.25 acres located on the side of Church Street between Mayten Avenue and Malaga Drive within the Terra Vista Community Plan — APN: 0227-151-49 and 50. Related files: Tentative Tract Map SUBTT18856, Development/Design Review DRC2012-00726, and Minor Exception DRC2012-00759. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18856 - HOMECOMING V AT TERRA VISTA, LLC -A request to subdivide the 19.25-acre project site for condominium purposes for the development of a 306-unit rental condominium development located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50. Related files: General Plan Amendment DRC2012-00727, Development/Design Review DRC2012-00726, and Minor Exception DRC2012-00759. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/DESIGN REVIEW DRC2012-00726 - HOMECOMING V AT TERRA VISTA, LLC - Site Plan and architectural review of a 306-unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50. Related files: General Plan Amendment DRC2012-00727, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. MINOR EXCEPTION DRC2012-00759- HOMECOMING AT TERRA VISTA, LLC -A request to increase the permitted wall height from 6-foot to 8-foot related to the development of a 306-unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50. Related files: General Plan Amendment DRC2012-00727, Tentative Tract Map SUBTT18856, and Development/Design Review DRC2012-00726. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. RECOMMENDATIONS: Staff recommends approval of Development/Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 by adoption of the attached EXHIBIT B. P166 PLANNING COMMISSION STAFF REPORT DRC2012-00727, SUBTT18856, DRC2012-00726, AND DRC2012-00759 - HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 2 Resolutions of Approval with Conditions and issuance of a Mitigated Negative Declaration of environmental impacts. Staff also recommends that the Planning Commission adopt the attached Resolution of Approval with Conditions which recommends to the City Council final approval of General Plan Amendment DRC2012-00727. BACKGROUND: The project was originally docketed for the November 28, 2012, Planning Commission hearing and was remanded at that meeting back to the Design Review Committee for further review (see DRC Comments below for more detail). Because a specified date to return to the Planning Commission was unknown, the items were re-advertised for the January 9, 2013, meeting date following the Design Review Committee's approval to move forward. PROJECT AND SITE DESCRIPTION: A. Project Density: 15.9 dwelling units per acre. B. Surrounding Land Use and Zoninq —Terra Vista Community Plan: North - Multi-Family Development - High Residential (H) (24-30 dwelling units per acre) South - Vacant Site - Community Commercial (CC) East - Single Family Residences — Low Medium Residential (LM) (4-8 dwelling units per acre) and Medium Residential (8 -14 dwelling units per acre) West - Senior Residences— Mixed Use (MHO) General Plan Designations: Project Site - Mixed Use North - High Residential South - Community Commercial East - Low Medium West - Mixed Use C. Site Characteristics: The 19.25-acre project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive. The site slopes from north to south and is covered with non-native grasses that are routinely disturbed for weed control. There are no unique features, nor any existing structures or trees on the site. ANALYSIS: A. Project Overview: The applicant is requesting to develop a 306-unit market rate rental condominium project. The site is within the Medium-High Development District of the Terra Vista Community Plan and has a proposed density of 15.9 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre. The site borders a vacant parcel of approximately 28 acres to the south which is in the approval process for the development of a 185,667 square foot Walmart retail store and a master planned commercial center. The project meets all related standards of the Terra Vista Community Plan and the Development Code with the exception for the necessity of up to 8-foot high perimeter walls (see Minor Exception). The project does not conform to the General Plan Mixed Use land use designation. PLANNING COMMISSION STAFF REPORT P167 DRC2012-00727, SUBTT18856, DRC2012-00726, AND DRC2012-00759 - HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 3 The applicant has submitted a General Plan amendment to change the land use designation from Mixed Use to Medium High Residential (see General Plan Amendment, Section F in this report) B. Project Design: The project will be gated with one vehicle entrance on Malaga Drive and an emergency vehicle entrance on Mayten Avenue. The recreation building will be the main focal point at the end of the Malaga Drive vehicle entrance and will also serve as the leasing office. A pedestrian access gate will be located along each street frontage, with a prominent pedestrian entry portal at the corner of Church Street and Malaga Drive. The project is made up of six building types: four, 2-story buildings and two, 3-story buildings. The two, 3-story buildings are also paired together with a common entry portal forming a 10-unit building. All of the buildings have a Spanish architectural design theme with common design elements unifying the overall project. The entrances to the individual units will either be from a common courtyard/paseo or a pedestrian walkway, and each unit will include either a ground level patio area or an upper level deck (and in some cases both). There is an approximate 10-foot grade difference between the project site and the proposed Walmart site to the south. The Walmart Landscape Plan proposes dense landscaping on the slope to screen the commercial use from the residential use. C. Unit Breakdown: The development is made up of 306 units divided between duet homes (122 units), townhomes (112 units), and stacked flats (72 units). This includes 56, one bedroom units (870 square feet to 1,015 square feet); 119, two bedroom units (1,248 square feet to 1,411 square feet); 118, three bedroom units (1,534 square feet to 1,986 square feet); and 13, four bedroom units (1,986 square feet). D. Recreational Amenities: The Development Code requires that projects between 300 and 399 units provide 6 recreational amenities from an approved list. The project exceeds this requirement and was designed with recreational amenities that meet the interests of residents of all age groups. The residents will also have access to all of the recreational amenities at the Homecoming apartment community on the north side of Church Street. The proposed amenities include: 1. A 9,782 square foot recreation building that includes conference, entertainment, and theater rooms, a business center, and a fitness center. 2. An outdoor entertainment area adjacent to the recreation building that includes a pool, spa, multiple covered and uncovered gathering areas, and an outdoor kitchen area. 3. A community garden with outdoor kitchen and shade structure. 4. A dog park with observation patio and lattice shade structure. 5. A 6-foot wide walking path around the central core of the project with six exercise stations. 6. An open turf play area with lattice shade structure and an outdoor kitchen. 7. Multiple-themed courtyards that include common seating areas, fireplaces, and barbeque units. 8. A community car wash. PLANNING COMMISSION STAFF REPORT P168 DRC2012-00727, SUBTT18856, DRC2012-00726, AND DRC2012-00759 - HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 ' Page 4 E. Parking: The project provides a total of 720 parking spaces, 25 parking spaces over the minimum requirement. This includes 531 spaces in enclosed garages and 189 open parking spaces, of which 97 are parallel parking spaces along the drive aisles. Number .• Total Provided Units Covered Parking Parking Spaces Parking Spaces One Bedroom Units 1.5 Spaces/Unit 56 spaces 84 spaces 56 Garage+ 56 (1 Garage Space) Unenclosed Two Bedroom Units 119 2.0 Spaces/Unit 119 spaces 238 spaces 211 Garage+ (1 Garage Space) Unenclosed Three Bedroom Units 2.0 Spaces/Unit 236 spaces 236 spaces 236 Garage 118 (2 Garage Spaces) Four Bedroom Units 2.5 Spaces/Unit 26 spaces 33 spaces 26 Garage+ 13 (2 Garage Spaces) 7 Unenclosed Guest Parking 306 1 per 3 units 102 129 Garage Spaces not Assigned to a Unit 2 Total Spaces 693 720 Enclosed Garage Spaces 437 531 Unenclosed Parking Spaces 256 189 Total Tenant Occupied Unenclosed Spaces 62 Guest Parking Above The Minimum Requirement 25 F. General Plan Amendment: The applicant requests to amend the General Plan in order to change the land use designation from Mixed Use to Medium High Residential, in line with the Terra Vista Community Plan designation of Medium High Residential. The General Plan development designation for the project site was changed from Medium High (MH) residential to Mixed Use (MU) with the 2010 General Plan Update. As part of the 2010 update, the City identified large vacant parcels along Foothill Boulevard as potential mixed use sites in order to encourage the creation of . transit oriented developments. The subject 19.25-acre site and the 28-acre parcel to the south were designated in the General Plan as Mixed Use Planning Site #8. The goal was to have the entire site developed as an integrated mixed use center with an urban village setting, including a pedestrian-friendly gridded street network, large public spaces, and surface parking located behind the buildings. The applicant recently purchased the existing residentially zoned portion of the site in order to develop a multi-family project in conformance with the Terra. Vista Community Plan. They do not wish to develop an integrated mixed use project as outlined in the General Plan. The proposed layout will provide a land use buffer between the existing residential developments to the north, east, and west and the proposed commercial uses to the south. PLANNING COMMISSION STAFF REPORT P169 DRC2012-00727, SUBTT18856, DRC2012-00726, AND DRC2012-00759 - HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 5 G. SB18 Tribal Consultation: California State Bill 18 requires that the City send project notification to California Indians when a project proposes a General Plan amendment. In this case, the applicant's environmental consultant (LSA Associates, Inc.) performed the SB18 notification. The Soboba Band of Luiseno Indians requested consultation with the City and with the applicant. The consultation took place on October 11, 2012, with the tribal representative recommending that the applicant enter into an agreement for the disposition of any Native American artifacts or human remains found on the site and for an archeologist to monitor the site during the grading phase. These mitigation measures have been incorporated into the Mitigation Monitoring Checklist. H. Minor Exception: The applicant has filed a Minor Exception (DRC2012-00759) for an additional 2 feet of wall height above the maximum 6 feet permitted by the Development Code. The additional wall height is necessary because of a grade difference between the public right-of-way and the project site and to comply with the recommendations made in the Noise Impact Study. The findings of fact below support the necessary findings, which are required by the City's Development Code: 1. The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries. In that without the additional wall height, the residents would be subjected to noise levels in excess of the City's noise standards. 2. The proposed development is compatible with the existing and proposed land uses in the surrounding area. In that the additional wall height as seen from the public right-of-way, will not be taller than wall heights in the surrounding area. 3. Any exception to or deviations from the density requirements or design standards, resulting in the creation of project amenities that would not be available through strict adherence to Code provision. In that it is a common feature to have property line walls around multi-family developments and to allow walls over the 6-foot height limit where on-site grades and elevated noise conditions necessitate the additional wall height. 4. Granting the Minor Exception will not adversely affect the interest of the public or interest of residents and property owners in the vicinity of the premises in question. In that the additional wall height will be most visible to the future residents of the project site and will only have 6 feet of wall height visible as seen from the public right-of-way. 5. The Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. In that the General Plan and the Terra Vista Community Plan provide flexibility to the regulations where the site conditions cannot otherwise be mitigated. 6. The exception is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights. In that the additional wall height is the minimum necessary to address the grade change between the project site and the public right-of way and the elevated noise conditions. I. Neighborhood Meeting: A neighborhood meeting was held on October 9, 2012. All the property owners within 660 feet of the site were invited to the meeting. No property owners attended the meeting. J. Design Review Committee: The project was reviewed by the Committee (Fletcher, Oaxaca, Granger) on October 16, 2012. Staff raised six main issues regarding the project design: Four related to building articulation, one related to carrying architectural elements to all elevations, and PLANNING COMMISSION STAFF REPORT P170 DRC2012-00727, SUBTT18856, DRC2012-00726, AND DRC2012-00759 - HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 6 one related to the addition of the elements. The Committee stated that additional building articulation was unnecessary and recommended that the applicant provide additional architectural elements to enhance the building elevations. The Committee directed the applicant to work with staff to determine when the project was ready for final Planning Commission review. Following the October 16, 2012, Design Review Committee meeting, the applicant made a number of changes to address the issues raised by the Design Review Committee and resubmitted the plans. Staff reviewed the changes and indicated to the applicant that the project was moving in the right direction and asked that a few additional changes be made. The applicant felt that the additional changes were above and beyond those raised by the Design Review Committee (DRC) and asked to meet with the Planning Director. Subsequently, staff scheduled a meeting with the Planning Director, staff planner, and the applicant. At that meeting, the applicant outlined the changes they had made and why they felt that the additional changes requested by staff would only increase construction costs and not enhance the overall tenant experience. The applicant expressed an openness to discuss staff's comments but was insistent that any changes made be in highly visible areas. Staff acknowledged the applicant's position and outlined changes they felt were necessary, and their willingness to compromise was warranted. In exchange for eliminating the proposed tile elements between Buildings A and B, the applicant agreed to add a metal canopy on the street side elevation and decorative eave supports to both sides of these buildings. The applicant agreed to add a scalloped edge treatment to the garage side elevations of Building C in exchange for eliminating the wood supports in the areas between the pop-outs on Buildings C and D. The applicant also agreed to add decorative eave overhangs on the rear elevation of Building E and to the side elevations of Building F. With these changes, staff concluded the project was ready for Planning Commission Review. The project was reviewed by the Design Review Committee at their December 18, 2012, meeting. At that meeting, the Committee felt that the project was substantially complete but that additional architectural elements were needed to add color and variation to the wall planes of Buildings A, B, and F. The applicant agreed to add window shutters to these three buildings and to introduce a new decorative window sill treatment to select windows on Building F. They also agreed to explore additional enhancements where appropriate. The Committee recommended that the project go to the Planning Commission for final review with the agreed upon changes. The applicant agreed to provide updated plans to the Commissioners prior to the January 9, 2012, Planning Commission meeting. The following design changes were made after the October 16, 2012, Design Review Committee meeting in addition to what was agreed to at the December 18, 2012, Design Review Committee meeting. The applicant also provided new color exhibits depicting these changes (see Exhibit A): 1. A tile element was incorporated with the unit numbering at each unit entrance. 2. A the element was added to either side of the entrance gates to the private courtyards along with a number of tiled niches throughout the project. 3. The half window shutter treatment was eliminated on Buildings A and B and replaced with a metal canopy. PLANNING COMMISSION STAFF REPORT P171 DRC2012-00727, SUBTT18856, DRC2012-00726, AND DRC2012-00759 - HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 7 4. A scalloped edge treatment was added to half of the garage overhangs on Buildings A and B and to the garage side building overhangs on Building C. 5. Decorative wood eave supports were added to the side elevations of Buildings A and B. 6. Extended decorative eave treatments were added to the garage side elevations of Buildings E and F and to the left and right elevations of Building F. K. Grading and Technical Review Committees: The project was reviewed and approved by the Committees on October 16, 2012. L. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQK) and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to aesthetics, cultural resources, hydrology and water quality, noise, air quality, greenhouse gas and geology and soils, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. Respectfully sub itted, G� Jeffrey A. Bloom Deputy City Manager/Economic & Community Development JAB:TV/ge Attachments: Exhibit A - Complete.Set of Plans (updated exhibits as of 1/3/13) Exhibit B - General Plan Amendment Exhibits Exhibit C - Design Review Action Comments dated October 16, 2012 Exhibit D - Initial Study Parts I and II Draft Resolution of Approval for General Plan Amendment DRC2012-00727 Draft Resolution of Approval for Tentative Tract Map SUBTT18856 Draft Resolution of Approval for Development Review DRC2012-00726 Draft Resolution of Approval for Minor Exception Amendment DRC2012-00759 - P172 S c c c tt t " 'c ss n n n c c c E ` ` a° m Xg8�€ `Wggsssss" s° "main m>>WWC.> c�>e�` "gr"s. c =z " wu�{wuFl 0 as 3� V a�u1"?RSmaSul�aSuytaSa m'a3mm c £ of _ g�ccaccmZg dg u7� O'O'O'O'O eamtU mccccc"" ccgaaM¢myyiUOOpacomoo°ob mooar� °"w`Em °c e c J s S S S S S Sim : a,a`c c a S S S S E S u a 9 c c°o- a w w w a a u t m `o c is n �`�� .rrrt.r.r==aaaa�aeaaeaaaaz�as_ss �o '03 6 ti wNw�Nna`cUaLL� r3 33 a°cim'm°uE >j»»»�m'm'2mAto .3.3,29,2 r3,2.3m'a�a3�a�m'�rcrc¢�o o.-ry n♦ _ �rl L U L) qqq �dygg�ygggg t7 otLnE L �un:aau��u0 NNNNNNJUUIiH1-ti dddddadddddddddddddd dddd d dddddddddm LAJ %i _se x s 1= b W ` c W - s� C? 14 A °K O_N O D D N J N C Q �. p fn n Q d rn U N p �m� - N .morn J U �c� �i N om tll a L E Ol�p ONL V w > '00 C C 1 V m R rn U O C 1 n d) 2 Q ry '- U' LL U t >-N m m L O C 0) Q W Q ow J Q J A {N; N QW J E2Um C7 E (� =�j$ O_ w� � W �fUe EX 1T A o; f 9 "-q PC z ,R> �' ,�•,� �' \//'fir � \ '� I` r � y ? .� I ;� 1 ,�j/ `0.{•m � ,�/ ,Y o of c� oil III M1�11I X010 @811 X1111811 • 1 C :/r.1 icz- I FIMME! //��. 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C J a n RFR ly � pEEyE � � E t W J s v W T m - c � � 000m W � AF LLJ O 0 mTm � � C � w E L d ■ -a g�._ W p 4/1. W� � rr d? y I � c m a '.9 W i a 9 _ > E > U C:� m Z W o eEa� P234 . � O [ , . . - ■k - ( di �R . , |,lam; � $ 2 r ` U } 2 � � � � f k � 2 � E | ! � f - §� _* { � e � z �! A LLJ= g z§g z| |/»q P235 able LU-8: Mixed Use: Foothill Boulevard and Mayten Av 19.1 28.7 acrd 28.7 acme Commercial 40%-60% s11.42-17.13 acre 13 acres Office - profess 6%-10% 2 5-4-8-acres 4-:8-acres 1.17-2.86 acre . 2.86 acres Public/Quasi-Public 1.9 acres 1.9 acres parks/public plazas 4%ail 1.14 acres ;fib 1.14 acres 12.1 23.9-acres 12.4 acroc 7.4-14.3 acres 0 , 7.4 acres q Residential 26%-50%.K 24-30 du/acre ' 30 du/acre id . 298to717du 37-2- 178 to429 du .- 222 du Totals 111111[ 100% X17.8 acres 4 acres 28.55 acres • 28.55 acres Note: 1. Indicates target density, not a range. Actual density may increase up to 30 du/ac as long as the total of-71-7-429dwelling units is not exceeded. Table LU-15: Bu -Out Summary 6'196 111,057. X253 7;5,54 13.6% Dwe ing Units 55,608 91 55,699 62,4651 63,522 7,823 14% Population 179,200 300 179,500 289 499 I3,400 p 204,667 25,167 14% Residential 80,030,000 0 80,030,000 �' 0 19,767,400 21.7%Square Feet 99,548,000 99,548,000 19,518,000 24.4% employment 77,350 11. 0 77,350 1-03;840 _ 0 44'`'.°441 2 699 334% !! 104,578 104,578 27,228 35.2% Notes: 1. 2009 Baseline data is based on Existing Land Use Geographical Information Systems land use data. 2. SOI:Rancho Cucamonga Sphere of Influence. IAI13 is EXHIBIT B P236 N v 0 0 CO 01 N-I va a) cP O a� '�' c c -c Q) M O LO NN7 N r CO 1 CV ( (N N y C 6i O 01 v c .O ▪ p w: 0 a O vl • 3 Z $ c a • y > • en •..., acv iota co key, o o h h r) o) co o 0 E po r v a c c0. o CO 0 CO M M N c, a c r p o ::, co co � o a) co o .c e o v 3 .E A . cn `� 3 3 , • c a O V Cr)b M co co K N ° ` C O Z 0r Q i 0, Z • C) �i co r) N. o, - a =' a - pp f1y�.. c O a 0p, n G O u N O h N� N- hl O a 'L% `.� ar ' 'p O)flu c o o c -0 ar a c � $ � >3 O• Q;O vC aZ`4, `,O, O ♦..� d a p D V o , v • a N O p 0i asv o y �° 0 c E y u o v r� c c c v y ` illi I I I d y \ 0, C mi u n EL la : .. m ° a HIll_ - H _a>. C▪ te, in • h ao rn is L ,n o o. v o c ° o a {rr a, o a v o p 0o rn'RI/ o , APe) .+ rn co u iii 0`, o W *4.N o ° CCo r) n rc0) o' t c ... h 4 I- o, I, • • 2 0 0 0 c 4 E p .. 4 3• 4 O L N O 0 e' rn o co m N 0c, F=- c`, c a o 7 L L J 3 •r a) co N- w M CO F ,° '� j c 0 c o tCE'Lj N. a c o c c v o 4 0 0 D.,Nn rn `° v `q n `� c ..... 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CO CO (2) � l•-- N 1.0 �j M M N- O N N V y▪ v i c3 iiii In II 11111 11111111111111 o o r�d.' -C20.70 o c LL-o L C O Z 4 h N 0. ' iL11111IiilIiiII[ f o>- ICU a rrc/1 irni i Lull o, a; •o-- 0 CC I^d, d u- • c'v v LL 05i d c2 .1.3+-. F vl o • ° O r LL a• � `) 3 O T O �O �N' O E' C 6 p!,I pp ii (d' p O c, a N • jj° V • v o a V aa il ill c a Z U' ti• Zw o CC o o °o S L o E"" O U CC 6.- Z rvi v P238 ' ' ' ' ' MO O O O O O O O O O CO W O 6) O (O D) N M O 0 a) M M r O (D r--: O) .- co N N 111 ' N-1 C)) W Si U M V DM) N ' r r ( O h .... . .. O)• M O N CO N q CO� N CO Nt } I� co co O I'{. 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N- O) 00 U) Q N • O c0 L() N O) c0 M .V V r r wig 1.iiini i fj . a IH iii U z o t i k q cd - lUF ' `3 o° f ua .4.s .E J=, 0 le 8 o g ) Q iAiii r sa y U d Z U 4 Z 1^1 N P239 a 6E * z a �' 8< e 4 ppy P G -5 7j E3 ¢ c i..+ - {p�L o ��. ti E• POD 1�6 � 4 7^'u n v C o k o` �L ry Z y o w 7.�r6 fpa v { }g. r'� If .� w i au_g s— � �A L Y�V j K t a •e t `r E a#I I I, i d ii�5 a S Fill 11� �I11 I �i .1110 ` o o mgt --- o z w F � d N X = i CD Fz sJ E E r � O ir rz l a . T , IMta�nYw rv.rv..WH W u 3 a ��..�. �� w � rw www dc a ' 4 V ^ `j' .w..u.w • 'p"""er" y ,j' � cc < (t a i Ar g c� - c o R ss P240 THE CITY OF RANCHO CUCAMONGA DESIGN REVIEW COMMITTEE AGENDA RANCHO CUCAMONGA OCTOBER 16, 2012 - 7:00 P.M. Rancho Cucamonga Civic Center Haven Room 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER ACTION Roll Call 7:00 P.M. Regular Members: Richard Fletcher X Francisco Oaxaca X Jeffrey Bloom A Donald Granger X Alternates: Frances Howdyshell_ Ray Wimberly Lou Munoz II. PROJECT REVIEW ITEMS The following items will be presented by the applicant and/or their representatives. Each presentation and resulting period of Committee comment is limited to 20 minutes. Following each presentation,the Committee will address major issues and make recommendations with respect to the project proposal. The Design Review Committee acts as an advisory Committee to the Planning Commission. Their recommendations will be forwarded to the Planning Commission as applicable. The following items do not legally require any public testimony,although the Committee may open the meeting for public input. A. CONDITIONAL USE PERMIT DRC2011-01200 - SPECTRUM A. Approved as ENGINEERING FOR VERIZON WIRELESS-Site and architectural review of presented. a 60-foot tall majorwireless communication facility in the form of a eucalyptus tree and related equipment on a 2.93-acre site owned by the Cucamonga Valley Water District that is within the Utility Development District (U) and Specialty Commercial Development District (SC) of the Foothill Boulevard Development District (Subarea 3), located at 9683 San Bernardino Road - APN: 0208-152-11. Related file: Minor Development Review DRC2012-00925. 1of3 EXHIBIT C P241 DESIGN REVIEW COMMITTEE AGENDA RANCHO OCTOBER 16, 2012 CUCAMONGA B. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18856 - HOMECOMING V AT TERRA VISTA, LLC - A request to B. The Committee subdivide the 19.25-acre project site for condominium purposes for the recommended that development of a 306-unit rental condominium development within the Medium the applicant add additional High Development District(14 to 24 dwelling units per acre)of the Terra Vista architectural Community Plan, located on the south side of Church Street between enhancements to the MaytenAvenue and Malaga Drive-APN: 0227-151-49 and 50. Related files: buildings. General Plan Amendment DRC2012-00727, Development Code Amendment DRC2012-00728, Development/Design Review DRC2012-00726, and Minor Exception DRC2012-00759. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/DESIGN REVIEW -DRC2012-00726-HOMECOMING VAT TERRA VISTA,LLC-Site Plan and C. See above. architectural review of a 306-unit rental condominium development on 19.25 acres within the Medium High Development District(14 to 24 dwelling units per acre)of the Terra Vista Community Plan,located on the south side of Church Street between Mayten Avenue and Malaga Drive-APN: 0227-151-49 and 50. Related files: General Plan Amendment DRC2012-00727, Development Code Amendment DRC2012-00728, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2012-00191 - WLC ARCHITECTS FOR ABUNDANT LIVING FAMILY D. Approved as CHURCH - A request to construct an 18,225 square foot building at an presented. existing church facility of approximately 200,000 square feet on a property of approximately 33.5 acres within the Industrial Park (IP) District, located between Red Oak and White Oak Avenues, north of Civic Center Drive - APN: 0208-354-01 and -04. Related file: Conditional Use Permit DRC2004-01244/M. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. E. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2004-01244M-WLC ARCHITECTS FOR ABUNDANT LIVING FAMILY E. Approved as CHURCH - A request to modify the operations of an existing church by presented. constructing a new building which will increase the floor area of the facility of the church from approximately 200,000 square feet to approximately 218,225 square feet on a property of approximately 33.5 acres in the Industrial Park(I P)District, located between Red Oak and White Oak Avenues,north of Civic Center Drive-APN: 0208-354-01 and -04. Related file: Development Review DRC2012-00191. 2 of 3 P242 DESIGN REVIEW COMMITTEE AGENDA RANCHO OCTOBER 16, 2012 CUCAMONGA III. PUBLIC COMMENTS None. This is the time and place for the general public to address the Committee. State law prohibits the Committee from addressing any issue not previously included on the Agenda. The Committee may receive testimony and set,the matter for a subsequent meeting. Comments are limited to five minutes per individual. =IV. ADJOURNMENT 9:02 P.M. The Design Review Committee has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Committee. 3 of 3 ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) City of Rancho Cucamonga (Please type or print clearly using ink. Use the tab key to move from one line to the.next line.) Planning Department (909)477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies,Ordinances,and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. Upon review of the completed Initial Study Part I and the development application, additional information such as, but not limited to,traffic, noise, biological,drainage,arid... geological reports may be required. The project application.will not'be deemed complete unless the identified special studies/reports are submitted for review and accepted as complete and adequate. The project application will not be scheduled for-Committees'. review unless all required reports are submitted .and deemed complete for staff to prepare the Initial Study Part ll as required by CEQA.: In addition to the filing fee, the,.* applicant will be responsible to pay.or reimburse the City, its agents, officers; and/or consultants. for.. all costs for the preparation, .review,: analysis,: recommendations, mitigations, etc., of any special studies or reports. GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal, City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: DRC2012-00726, DRC2012-00727, SUBTT18856 Project Title: Homecoming at Terra Vista-Phase 5 Name&Address of project owner(s): Homecoming V at Terra Vista, LLC 1156 N Mountain Ave, Upland, CA 91786 Name&Address of developer or project sponsor, John Young, VP Multifamily Development, Homecoming V at Terra Vista, LLC. 1156 N Mountain Ave, Upland, CA 91786. Contact Person&Address: John Young, 1156 N Mountain Ave., Upland, CA 91786 (:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 1 of 10 II 116 fr, EXHIBIT D } P244 Name &Address of person preparing this form(if different from above): r Telephone Number. 1(909) 949-6781 PROJECT • ' • : DESCRIPTION: Information indicated by an asterisk(*)is not required of non-construction CUP's unless otherwise requested by staff. *1) Provide a full scale(8-112 x 11)copy of the USGS Quadrant Sheet(s)which includes the project site, and indicate the site boundaries. ' 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west, views into and from the site from the primary access points that serve the site;and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location(describe): Parcels bound by Mayten/Church/Malaga 4) Assessor's Parcel Numbers(attach additional sheet If necessary): 0227-151-49, 50 *5) Gross Site Area(ac/sq.ft.): 21.90 acres 1 953,964 sq. ft. *6) Net Site Area(total site size minus area of public streets&proposed 19.25 acres/838,530 sq.ft. dedications): 7 Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): Anticipated GPA to change Land Use Element to conform with the existing Terra Vista Community Plan and Rancho Cucamonga Zoning Map's designation of Medium High Residential. The proposed project is consistent with both the Community Plan and Zoning designation. 8 Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental I:\PLANNING\FINAL\FORMS\COUNTER\Initlal Study Partl.doc Page 2 of 10 } P245 agencies in order to fully implement the project.' City of Rancho Cucamonga: Development Review, TTM Approval, Final Map Approval, General Plan Amendment(referenced above), Subdivision Agreement, LMD/SLD Annexations, Fire Construction Permits, Certificates of Occupancy, Grading Permits, Building Permits, DC Update. County of San Bernardino: Pool and Spa permits. State Water Resources Control Board: Permit to discharge storm water associated with construction activity. 9 Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals,mature trees,trails and roads,drainage courses,and scenic aspects. Describe any existing structures on site(including age and condition)and the use of the structures. Attach photographs of significant features described. In addition,cite all sources of information(i.e.,geological and/or hydrologic studies,biotic and archeological surveys,traffic studies): The site is currently vacant without any existing structures upon the land. There is a remnant asphalt parking lot located near the comer of Church Street and Malaga Drive that was used for a model home sales trailer. The site is surrounded by improved roadways along the west, north and east. The site consists of native grasses and has a gentle slope from north to south with a total vertical elevation difference of 21 feet from intersection of Church/Malaga to south property line. 10 Describe the known cultural and/or historical aspects of the site. Cite all sources ofinformation(books,published reports and oral history): None known. I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 3 of 10 P246 11. Describe any noise sources and their levels that now affect the site(aircraft,roadway noise,etc.)and how they will affect proposed uses: Anticipated noise sources cited in the Noise Impact Study by LSA include roadways(Church, Malaga, Maytel , as well as anticipated noise from the future retail development adjacent, including ambient, delivery/loading, parking lot noise, and rooftop mechanical equipment. Mitigation measures will be undertaken to reduce the impacts to acceptable levels for the proposed uses. 12 Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s)if necessary.' 306 units of rental condominiums with central leasing and recreation facility. Development will be in one phase, although we plan to work with the City's departments and Fire Construction Services to obtain phased occupancy of residential units, as well as an initial"impact"area that will include the leasing facility and non-occupied model units for touring prospects. We anticipate delivery of the first units for occupancy approximately 11 months after the commencement of construction. The remaining units will be completed on a rolling basis of about 30-35 units/month, with the last unit anticipated to be completed within two years of the commencement of construction. For additional details, please review the associated submittal packet. 13 Describe the surrounding properties,including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use(residential,commercial,etc.),intensity of land use(one-family,apartment houses, shops, department stores, etc.)and scale of development(height, frontage,setback, rear yard, etc.): Native plants or the presence of any animal stock surrounding the project is non-existent. To the west is a developed senior housing apartment community. To the north lies an 868-unit rental condominium development. To the northeast is a 181 lot single family development. And to the east is an existing retail shopping center anchored by Home Depot. To the south is vacant land with an active application to develop additional retail shopping. 14 Will the proposed project change the pattern,scale, or character of the surrounding general area of the project? No,the proposed project is consistent with the City's zoning map and conforms to the applicable Community Plan. The proposed project is consistent with existing adjacent uses. I:\PLANNINGIFINAL\FORMS\COUNTER\Initial Study Partl.doc Page 4 of 10 P247 15 Indicate the type of short-term and long-term noise to be generated,including source and amount. How will these noise levels affect adjacent properties and on-site uses? What methods of soundproofing are proposed? The proposed project will result in short-term construction nose impacts to surrounding land uses due to the grading and construction activities. Construction noise is controlled by EPA Noise Control Program. Construction activities will be temporary in nature and are'expected to occur during normal working hours. No long-term noise impacts are known or forecasted with the development of this project. `16, Indicate proposed removals and/or replacements of mature or scenic trees: None. 17, Indicate any bodies of water(including domestic water supplies)into which the site drains: The site does not drain into a body of water. Runoff generated from the proposed development will drain into City of Rancho Cucamonga operated and maintained public storm drain systems. 18 Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at 987-2591. 336 a. Residential(gal/day) 78, Peak use(gal/Day) 119,040 b. CommerciaYind. (gaYday/ac) Peak use(gal/min/ac) 19 Indicate proposed method of sewage disposal. ❑ Septic Tank Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification,please contact the Cucamonga Valley Water District at 987-2591. a. Residential(gal/day) 58,140 b. Commercial/Industrial(gal/day/ac) RESIDENTIAL PROJECTS: 20, Number of residential units: 306 Detached(indicate range of parcel sizes, minimum lot size and maximum lot size: None. Attached(indicate whether units are rental or for sale units): 306 units of rental condominiums. I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 5 of 10 P248 21, Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent(permonth) $ $1,448 to $$2,675 22, Specify number of bedrooms by unit type: 1 Bedroom: 56 units. 2 Bedrooms: 119 units. 3 Bedrooms: 118 units. 4 Bedrooms: 13 units. 23, indicate anticipated household size by unit type: 1 Bedroom: 1.4 people per unit;2 Bedroom:2.0 people per unit; 3 Bedroom: 3.0 people per unit; 4 Bedroom:4.2 people per unit. This is based on occupancy of the Santa Barbara project in Terra Vista, which has similar product to a portion of that proposed. 24 Indicate the expected number of school children who will be residing within the project. Contact the appropriate School Districts as shown in Attachment B: 52 a. Elementary: 15 b. Junior High: 40 c. Senior High COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25, Describe type of use(s)and major function(s)of commercial,industrial or institutional uses: Sole commercial use will be a dual function leasing and recreation amenity component for residents. 26, Total floor area of commercial, industrial, or institutional uses by type: Estimated at approximately 7,450 SF of covered space, 5,700 SF conditioned. 27, Indicate hours of operation: Anticipate 9AM-6PM daily,excluding Wednesdays 9AM-7PM. 28) Number of employees. Total: Anticipate 10 employees Maximum Shift: Time of Maximum Shift: (:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 6 d 10 P249 29. Provide breakdown of anticipated job classifications,including wage and salary ranges,as well as an indication of the rate o hire for each classification(attach additional sheet if necessary): Hiring will commence prior to project open, at which point it will be fully staffed. Full labor costs, including burden and medical, anticipated to range from$30,000 to$55,000 per employee. Anticipated titles/qty. are: Community Administrator(1.5), Leasing Consultant(2), Night Service Manager(1),Assistant Maintenance Supervisor(1), Maintenance Technician (2), and Groundskeeper(2). 30, Estimation of the number of workers to be hired that currently reside in the City. Assume half *31. For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at(818)572-6283): Not applicable. ALL PROJECTS 32 Have the water,sewer,fire,and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? if so,please indicate their response. The City of Rancho Cucamonga owns and operates storm drain facilities sized to accept storm water runoff. Cucamonga Valley Water District has confirmed that their water supply system and sewer collection system are adequately sized to serve this project. 33 In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials: Examples of hazardous and/or toxic materials include,but are not limited to PCB's;radioactive substances;pesticides an( herbicides;fuels,oils,solvents,and otherflammable liquids and gases. Also note underground storage of any of the above Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, i known. No known hazardous or toxic material exposure. I:\PLANNING\FINAL\FORMS\COUNTER11nitial Study Part1.doc Page 7 of 10 P250 34 Will the proposed project involve the temporary orlong-term use,storage,or discharge of hazardous and/or toxic materials including but not limited to those examples listed above? If yes,provide an inventory of all such materials to be used anc proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown anc labeled on the application plans. Temporary or long-term use, storage or discharge of hazardous and/or toxic materialsvill not occur as part of this proposed project. 35 The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission/Planning Director hearing. l hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability,that the facts,statements,and information presented are true and correct tot he best of my knowledge and belief. /further understand that additional information maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: Z Signatu Title: I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 8 of 10 ao �_ 1 �fr � I 1104 `c.l �� r�,r.1 tAN dh • � � � -�=r lei P252 tl \ � , y � c ` c u .1 > & . a ..m . w . ., . ,. . < . � _ < \\ . - k k P253 w mo L V 0 L L 0 � 1 U O to to cu � � L L � L U V O O O O U U i� P254 ui 3 - L 0 w LO U u U OJ 41 O O a` a t, L 4 Z f, a 0 P255 City of Rancho Cucamonga 91 ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759. 2. Related Files: N/A 3. Description of Project: A request to change the General Plan land use designation from Mixed Use to Medium High Residential, subdivide a 19.25-acre site for the consideration of a Site Plan and architectural review of a 306-unit rental condominium development, and to allow a 2-foot increase in wall height for purposes of reducing on-site noise. Located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. 4. Project Sponsor's Name and Address: Homecoming V at Terra Vista, LLC 1156 North Mountain Avenue Upland, CA 91786 5. General Plan Designation: Mixed Use 6. Zoning: Medium High Residential 7. Surrounding Land Uses and Setting: The project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive. There are existing single-family residences (Medium Residential) to the east; multi-family residences (Medium, Medium High, and High Residential) to the north; a senior multi-family development (Medium High Residential/Office) to the west; and vacant land to the south (Community Commercial). The project site is vacant (no trees, shrubs, or structures) and has been regularly cleared of vegetation. It drains roughly from north to south. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Tabe van der Zwaag (909)477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. P256 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 2 GLOSSARY—The following abbreviations are used in this report: CVWD—Cucamonga Valley Water District EIR— Environmental Impact Report FEIR— Final Environmental Impact Report FPEIR- Final Program Environmental Impact Report NPDES—National Pollutant Discharge Elimination System NOx— Nitrogen Oxides ROG— Reactive Organic Gases PM10— Fine Particulate Matter RWQCB— Regional Water Quality Control Board SCAQMD—South Coast Air Quality Management District SWPPP—Storm Water Pollution Prevention Plan URBEMIS7G — Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact," 'Potentially Significant Impact Unless Mitigation Incorporated," or"Less Than-Significant-Impact' as indicated by the checklist on the following pages. (✓)Aesthetics (✓)Agricultural Resources (✓)Air Quality (✓) Biological Resources (✓) Cultural Resources (✓) Geology&Soils (✓) Greenhouse Gas ( ) Hazards &Waste Materials (✓) Hydrology&Water Quality Emissions ( ) Mineral Resources (✓) Noise ( ) Land Use& Planning ( ) Public Services ( ) Recreation ( ) Population & Housing ( ) Utilities & Service Systems ( ) Mandatory Findings of ( )Transportation/Traffic Significance DETERMINATION On the basis of this initial evaluation: (✓) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared By: 'lv//, Date: !Z gZ 1 Reviewed By: Date: I �� 12. Rev. 4/2012 P257 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 3 Less Than Significant Less Issues and Supporting Information Sources: Fotemiant wti man PP 9 Significant Mitigation Signi wnt No Impact Inconporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ( ) ( ) ( ) (✓) b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (✓) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? C) Substantially degrade the existing visual character or ( ) ( ) ( ) (✓) quality of the site and its surroundings? d) Create a new source of substantial fight or glare, ( ) ( ) (✓) ( ) which would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Figure LU-6. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. C) The site is located on the south side of Church Street between Mayten Avenue and Malaga Drive and is characterized by existing residential development to the east, west, and north and by a vacant parcel to the south that,is the site of a proposed commercial development. The visual quality of the area will not be degraded as a result of this project because the site will be developed with a residential development that will compliment the existing residential developments in the surrounding area. Design review of the project is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of street lights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on Site Plans which require review for consistency with City standards including shielding, diffusing, or the use of indirect lighting to avoid glare. The lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. Rev. 4/2012 P258 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 4 Less Then Significant Less Issues and Supporting Information Sources: Patenualnt wuo Than PP 9 Significant Mitigation Significant pa Impact Incorporated om Im tetl act Impact 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) (✓) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (✓) Williamson Act contract? c) Conflict with existing zoning for, or cause rezoing of, ( ) ( ) ( ) (✓ ) forest land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g))? d) Result in the loss of forest land or conversion of forest ( ) ( ) ( ) (✓) land to non-forest use? e) Involve other changes in the existing environment, ( ) ( ) ( ) (✓) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located on the south side of Church Street between Mayten Avenue and Malaga Drive and is characterized by existing residential development to the east, west, and north and by a vacant parcel to the south that is the site of a proposed commercial development. There are approximately 209 acres of Farmland of Local Importance, Prime Farmland, Unique Farmland, or_ Farmland of Statewide Importance within the City of Rancho Cucamonga according to the General Plan and the California Department of Conservation Farmland Map 2010. Concentrations of Important Farmland are sparsely located in the southern and eastern parts of the City that is characterized by existing and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. C) There are no lands within the City of Rancho Cucamonga zoned as forest land or timberland. Therefore no impacts would occur related to the conversion of forest land to Rev. 4/2012 P259 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 5 Less Than Signiilcant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant Mitigation Significant Nc Impact Inco orated Im act Im act non-forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. No mitigation is required. d) There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Therefore no impacts would occur related of the loss or conversion of forest land to non-forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. e) The site is located on the south side of Church Street between Mayten Avenue and Malaga Drive and is characterized by existing residential development to the east, west and north and by a vacant land to the south that is the site of a proposed commercial development. The nearest agricultural use is more than 3 miles northwest from the project site. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, there is no potential for conversion of forest land to a non-forest use. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (✓) applicable air quality plan? b) Violate any air quality standard or contribute ( ) (✓) ( ) ( ) substantially to an existing or projected air quality violation? C) Result in a cumulatively considerable net increase of ( ) ( ) ( ) (✓) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) (✓) ( ) ( ) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (✓) number of people? Comments: a) As noted in the General Plan FPEIR (Section 4.3), the proposed project would not interfere with the ability of the region to comply with Federal and State air quality standards for Criterion 1 Increase in the Frequency or Severity of Violations (local air quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the 2003 AQMP). Therefore the project is consistent with the 2003 AQMP and is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. b) Both the State of California and the Federal government have established health-based Ambient Air Quality Standards (AAQS) for seven air pollutants. These pollutants include Ozone (03), Carbon Monoxide (CO), Nitrogen Dioxide (NO2), Sulfur Dioxide (SOA coarse particulate matter with a diameter or 10 microns or less (PM10), fine particulate matter less than 2.5 (PMZ.S) microns in diameter and lead. Among these pollutants, ozone and particulate matter (PM10 and PMZ.S) are considered regional pollutants, while the others Rev. 4/2012 P260 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 6 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than PP 9 significant Mitigation Significant No Impact Incorporate Im act Im act have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (HZS), vinyl chloride and visibility reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at an intersection, a mall and on highways. SCAQMD also regulates stationary sources of pollution within in jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air contaminants, holding them relatively near the ground. Pursuant to the Federal Clean Air Act (FCAA) of 1970, the EPA established national ambient air quality standards (NAAQS) for six major pollutants, termed criteria pollutants: ozone (03), coarse particulate matter with a diameter or 10 microns or less (PM10), fine particulate matter less than 2.5 (PM2.5) microns in diameter, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (S02), and lead. Criteria pollutants are defined as those pollutants for which the Federal and State governments have established AAQS, or criteria, for outdoor concentrations in order to protect public health. Data collected at permanent monitoring stations are used by the EPA to classify regions as "attainment" or "non-attainment" depending on whether the regions met the requirements stated in the primary NAAQS. Nonattainment areas have additional restrictions as required by the EPA. The EPA has designated the Southern California Association of Governments (SCAG) as the Metropolitan Planning Organization (MPO) responsible for ensuring the Basin's compliance with the FCAA. The South Coast Air Basin is in Non-Attainment Status for Ozone, PM10 and PM2.5. Specific criteria for determining whether the potential air quality impacts of a project are significant are set forth in the SCAQMD's CEQA Air Quality Handbook. The criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an air impact study was prepared by LSA (August, 2010) that utilizes the CaIEEMod Version 2011.1.1 to evaluate short-term construction emissions and short-term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Green House Gas Emissions. Rev. 4/2012 P261 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 7 Less Than Significant Less Issues and Supporting Information S Potentially With Than PP g orma Sources: significant Mitigation Significant J..'Inca orataI Ira act I Short Term (Construction) Impacts Table 1 below shows that the daily regional construction emissions would not exceed the daily thresholds of any criteria pollutant emission thresholds established by the SCAQMD. Table 2 below shows that during construction, there will be no Local Significance Threshold (LST) impacts. Table 1: Short-Term Regional Construction Emissions Total Rc ional Pollutant Emissions Ibs/da Construction Fugitive Exhaust Fugitive Exhaust Phase ROG NO CO S02 PM PM PM PKI CO'c Site Preparation 9.9 80 45 0.07 7.1 3.9 3.9 3.9 8,000 Gradin 12 97 53 0.10 3.4 4.6 1.3 4.G 10 900 Building Construction 7.0 42 41 0.07 3.2 2.6 0.05 2.6 7 300 Architectural Coating 13 3.2 4.8 0 0.57 0.29 0.01 0.29 760 Pavin 5.3 32 22 0.03 0.20 2.8 0 2.8 3,100 PenkDay 25 97 67 0.10 11 7.8 11,200 SCAQMD 75 100 550 150 150 55 Thresholds No Significant No No No No No No Threshold Emissions? Source: LSA Associates,Inc.,August 2012. Note that the peak day emissions values assume that the Building Construction,Paving,and Architectural Coating phases could overlap. Note:Total construction GHG emissions=1,340 metric tons COie CO=carbon monoxide PM2.3=particulate matter less than 2.5 microns in size CO2=carbon dioxide PM 10=particulate matter less than 10 microns in size COae=carbon dioxide equivalent ROG=reactive organic compounds GHG=greenhouse gas SCAQMD=South Coast Air Quality Management District Ibs/day=pounds per day SO,=sulfur oxides NO„=nitrogen oxides Rev. 4/2012 P262 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 8 Less Than Significant Less Issues and Supporting Information Sr : Potentially with Than PP g Sources: significant MitigaL Significant No Im act thoorpora tetl Im ad Im att Table 2: Construction LST Impacts (Ibs./dayj Emissions Sources NOx CO PMso PM2.5 On-site Emissions 97 53 11.0 7.8 LST Thresholds 243 2X 18.1 8.3 Significant Emissions? No No No No Source: LSA Associates, Inc.,August 2012. Source Receptor Area: Northwest San Bernardino Valley,4 acres, 100 foot distance ac=acres to =meters CO=carbon monoxide NOx=nitrogen oxides ft=feet PM2 5=particulate matter less than 2.5 microns in size lbs/day=pounds per day PMtO=particulate matter less than 10 microns in size LST=local significance threshold Equipment Exhausts and Related Construction Activities Construction activities produce combustion emissions from various sources such as site grading, utility engines, on-site heavy-duty construction vehicles, asphalt paving, and motor vehicles transporting the construction crew Exhaust emissions from construction activities envisioned on-site would vary daily as construction activity levels change. The use of construction equipment on-site would result in localized exhaust emissions. Fugitive Dust Fugitive dust emissions are generally emissions associated with land clearing and exposure of soils to the air and wind, and cut-and-fill grading operations. Dust generated during construction varies substantially on a project-by project basis, depending on the level of activity, the specific operation and weather conditions at the time of construction. Construction emissions can vary greatly depending on the level of activity, the specific operations taking place, the equipment being operated, local soils, weather conditions and other factors. The proposed project will be required to comply with SCAQMD Rules 402 and 403 to control fugitive dust. Architectural Coatings Architectural coatings contain VOCs that are similar to ROCS and are part of the 03 precursors. There are residential buildings proposed for the project. Based on the proposed project, it is estimated that the proposed buildings will result in a peak of 13 lbs. of VOC per day during the coating phase. The architectural coating phase of the project will occur concurrent with the building construction and paving phases. Therefore, VOC emissions from the application of architectural coatings combined with building construction VOC emissions could be as high as 25 Ibs./day, which will not exceed the SCAQMD VOC threshold of 75 Ibs/day. The project will comply with Global Climate Change Minimization Measure GCC-1 to ensure the reduction of construction related emissions below the expected 'Business as Usual' scenario and be subject to a variety of measures that will reduce the projects GHG Rev. 4/2012 P263 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 9 Less Than Significant Less Pura^uanY With rnan Issues and Supporting Information Sources: Significant horp Significant No Im act Incorporated lm pad Im act emissions. The project shall use adhesives, sealants, caulks, paints, stains, and other coatings, carpet and carpet systems that are compliant with VOC and other toxic compound limits. Documentation will be provided to the City at time of construction to verify that compliant VOC limit finish materials will be used. Odors Heavy-duty equipment in the project area during construction would emit odors. However, the construction activity would cease to occur after individual construction is completed. No other sources of objectionable odors have been identified for the proposed project, and no mitigation measures are required. In compliance with SCAQMD Rule 402 the proposed uses are not anticipated to emit any objectionable odors. Therefore, objectionable odors posing a health risk to potential on-site and existing off-site uses would not occur as a result of the proposed project. Naturally Occurring Asbestos The proposed project is located in San Bernardino County, and it is not among the counties that are found to have serpentine and ultramafic rock in their soils. In addition, there has been no serpentine or ultramafic rock found in the project area. Therefore, the potential risk for naturally occurring asbestos (NOA) during project construction is small and less-than-significant. 2010 General Plan FPEIR Air Quality Analysis and Mitigation Measures (short term) Short-Term (Construction) Emissions - Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project- specific basis and in conformance with the General Plan FPEIR. Therefore, the following mitigation measures as identified in the FPEIR shall be implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low Rev. 4/2012 P264 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 10 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant Mitigation Significant No Impact Incorporated Im act Im act emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District(SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) The project will comply with Global Climate Change Minimization Measure GCC-1 and incorporate the measures outlined in the Greenhouse Gas Emissions and Global Climate Change Study (LSA, August 2012) and provide verification of compliance prior to approval of building permits. 5) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 6) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 7) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PMifi emissions, in accordance with SCAQMD Rule 403. 8) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Rev. 4/2012 P265 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 11 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant Miugadan Si gnificant No Ina act Inca orated Impact IMP= 9) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build-out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (NOA Ozone (03), and Particulate Matter (PM2,5 and PMio) would exceed SCAQMD thresholds for significance; therefore, they would all be cumulatively considerable if they cannot be mitigated on a project basis to a level less-than-significant. Long-Term (Operational) Impacts Long-Term Project Operational Emissions Long-term air pollutant emission impacts are those associated with stationary sources and mobile sources involving any project-related changes. The proposed project would result in a net increase in the number of residents in the project area; therefore, the proposed project would result in net increases in both stationary and mobile source emissions. The stationary source emissions would come from additional natural gas consumption for on-site buildings and electricity for the lighting in the buildings and at the parking area. The project proposes the construction of 306 multi-family residential units. Based on the trip generation factors, included in ITE Trip Generation Manual, Eighth Edition, which are also provided in the project's traffic study (LSA Associates, Inc., May 2012), and are entered in the CalEEMod model, Long-term operational emissions associated with the proposed project are shown on Table 3 below (Long-Term Regional Operational Emissions). The proposed project will generate even less emissions than those in Table 3 because the table does not account for the proposed emission reduction measures. Area sources include architectural coatings, consumer products, hearth and landscaping. Energy sources include natural gas consumption for heating and cooking. Table 3 shows the corresponding SCAQMD daily emission thresholds for criteria pollutants and that the project related long-term air quality impacts would be less-than-significant. Rev. 4/2012 P266 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 12 Less Than Significant Less Issues and Supporting Information Sources: Potanual,t With Then PP 9 Significant Mitigation SiImpadnt p No Impact Incorporated Im an Imp= Table 3: Long-Term Regional Operational Emissions Pollutant Emissions,Ibs/da Source ROC NOx CO sox PM" PM'.' Area Sources 8.3 0.31 27 0 0.53 0.52 Energy Sources 0.24 2.1 0.88 0.01 0.17 0.17 Mobile Sources 11 26 100 0.2 22 1.4 Total Project Emissions 20 28 130 0.21 23 2.1 SCA MD Thresholds 55 55 550 150 150 55' Si ificant? I No No No No No No Source:LSA Associates,Inc.,August 2012. CO=carbon monoxide PMIa=particulate matter less than 10 microns in size Ibs/day=pounds per day ROC=reactive organic compound NOx=nitrogen oxides SCAQMD=South Coast Air Quality Management District PM,,=particulate matter less than 2.5 microns in size SO„=sulfur oxides Localized Significance Analysis Table 4 below (Long-Term Operational LST Number (Ibs/day)) shows the calculated emissions for the proposed operation activities compared with the appropriate LSTs. The LST analysis only includes on-site sources; however, the CaIEEMod model outputs do not separate on-site and off-site emissions for mobile sources. For a worst case scenario assessment, the emissions shown in Table 4 include all on-site project-related stationary sources and 5 percent of the project-related new mobile sources, which is an estimate of the amount of project-related new vehicle traffic that will occur on-site. Considering the total trip length included in the CaIEEMod model, which is from 7.3 to 10.8 miles, the 5 percent assumption is conservative, as the vast majority of vehicle traffic will immediately leave the site. Table 4 shows that the operation emission rate would not exceed the LST thresholds for receptors at 30 meters. Therefore, the proposed operational activity would not result in a localized significant air quality impact. Rev. 4/2012 P267 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 13 Less Than Significant Less Issues and Supporting Information Sources: Potentially wm Than PP 9 Significant Mitigation Si gnificant No Impact Incorporated Im acl Im act Table 4: Long-Term Operation LST Number(Ibs/day) Emissions Sources NOx CO PM 10 PM On-site Emissions 1.6 32 t.6 0.59 LST Thresholds 270 2,193 4.0 2.0 Significant Emissions? No No I No No Source:LSA Associates,Inc.,August 2012. Source Receptor Area:Northwest San Bernardino Valley,5 ac,30 m(100 ft)distance,on-site traffic 5 percent of total. ac=acres NOx=nitrogen oxides CO=carbon monoxide m=meters ft=feet PM2.s=particulate matter less than 2.5 microns in size Ibs/day=pounds per day PMtg=particulate matter less than 10 microns in size LST=localized significance threshold n 2010 General Plan FPEIR Air Quality Analysis and Mitigation Measures (long term) Long-Term (Operational) Emissions - The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build-out of the City. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following mitigation measures as identified in the FPEIR shall be implemented: 11) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 12) Provide preferential parking to high occupancy vehicles and shuttle services. 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 15) Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 16) All residential structures shall be required to incorporate high-efficiency/low- polluting heating, air conditioning, appliances, and water heaters. 17) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. Rev. 4/2012 P268 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 14 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant With Signifcant No Im act Incorporated Im ad Im act After implementation of the preceding mitigation measures, the General Plan FPEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the General Plan FPEIR (Section 4.3). c) As noted in the General Plan FEIR (Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FPEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within 1/4 mile of a sensitive receptor. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above and the following mitigation measure will reduce impact to less-than-significant levels. 18) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or.outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. e) Construction Odors (Short-term) may include odors associated with equipment use including diesel exhaust or roofing, painting and paving. These odors are temporary and would dissipate rapidly. Operation Odors (Long-term) are typically associated with the type of use. Odors from residential uses would be like cooking and gardening. Similarly common odors associated with mixed-use and commercial land uses would be expected (i.e. restaurants). Local odors from the majority of land uses would be similar to other urban areas and would not be considered significant. Industrial uses could create objectionable odors and therefore are located away from residential uses and sensitive receptors. Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. Rev. 4/2012 P269 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 15 Less Than Significant Less Issues and Supporting Information Sources: Potentially wuh Than PP 9 Significant Mitigator, Significant No Im act Inco orated Impact Impact 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) (✓) ( ) ( ) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (✓) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? C) Have a substantial adverse effect on federally ( ) ( ) ( ) (✓) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ( ) ( ) ( ) (✓) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) ( ) ( ) (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (✓) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with residential uses. The site has been previously disrupted during construction of infrastructure and surrounding developments and annual discing for weed abatement. According to the General Plan Figure RC-4, and Section 4.4 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources. A General Biological Resource Assessment (LSA Associates, Inc., June 2012) was performed on the project site. The study found that because of intense site disturbance, the site is dominated by the predominance of nonnative vegetation and the near absences of native shrubs. Wildlife species observed on the site were typical of disturbed and urban environments. None of the wildlife species observed on the site is considered sensitive. The study, though, found that the site was suitable habitat for the burrowing awl and recommended that a pre-construction burrowing owl survey be performed 30 days prior to the beginning of site grading. A burrowing owl survey was performed on the site (LSA Associates, Inc., August 17, 2012) and observed four burrowing owls on the undeveloped lot to the south. No burrowing owls were found on the site. With the following mitigation measure the impacts will be less-than-significant: Rev. 4/2012 P270 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 16 Less Than Significant Less Issues and Supporting Information Sources: Potentiauy With Than PP 9 Significant With Significant No Impact Inco orated Impact Im act 1) The applicant shall perform a pre-construction burrowing owl survey 30 days prior to the beginning of site grading. All survey recommendations shall be implemented and verified by a licensed biologist prior to a Grading Permit being issued. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. C) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The City is primarily located in an urban area that does not contain large, contiguous natural open space areas. Wildlife potentially may move through the north/south trending tributaries in the northern portion of the City and within the Sphere-of-Influence. Therefore no adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) Neither the City nor the SOI are within an adopted HCP, NCCP, or other approved State Habitat Conservation Plan area. The project site is not located within a local conservation area according to the General Plan, Open Space and Conservation Plan, Figure RC-1. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ( ) ( ) ( ) (✓) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the ( ) (✓) ( ) ( ) significance of an archeological resource pursuant to § 15064.5? C) Directly or indirectly destroy a unique paleontological ( ) (✓) ( ) ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred ( ) ( ) ( ) (✓) outside of formal cemeteries? Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). Additionally, LSA Associates, Inc. completed a Cultural Resources Assessment (July, 2012) that concluded that because of the lack of cultural resources within the project area, the project would not have an impact on the areas cultural resources. As part of the Cultural Resources Assessment, LSA Associates, Inc. contacted the California Native American Heritage Commission (NAHC) and requested that they search the Sacred Land File and provide a list of Native American Tribe with ancestral ties to the vicinity of the project site. The NAHC provided a list of eight tribes who were contacted and requested to respond with any issues they may have regarding the project proposal. Two tribes responded (Soboba Band of Luiseno Indians and Rev. 4/2012 P271 Initial Study for General Plan Amendment DRC2012-00727, Development Design ,Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 17 Less Than Significant Less Issues and Supporting Information Sources: Potentially with man PP 9 Significant Mitigation Significant No Im act Inco orated impact (,Pad Gabrielino/Tongva Tribe) to the request. The Soboba Band requested that the applicant sign a Treatment and Disposition agreement between the applicant and the Soboba Band. The Gabrielino/Tongva Tribe requested that an archaeological monitor be on-site to oversee grading activities during project construction. In compliance with State Bill 18 (Native American Consultation), the City met with a tribal representative of the Soboba Band of Luiseno Indians (Joseph Ontiveros). At that meeting, he stated that a Native American tribal monitor was not necessary but requested that the project archeologist regularly monitor the site for Native American artifacts during any grading activities. With the following mitigation measures identified by the Native American tribal consultants, no impact is anticipated. 1) A Treatment and Disposition agreement shall be entered into between the Soboba Band and the applicant prior to a grading permit being issued. 2) An archeologist shall regularly monitor the project site during any grading activities. If any prehistoric archaeological resources are encountered before or during grading, the applicant shall take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in- kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based on the future build-out of the City. With the mitigation measures outlined in Section A2 above, no impact is anticipated. Rev. 4/2012 P272 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 18 Less Than Significant Less Issues and Supporting Information Sources: Sgmri gth Si Than no M r Impact Into orated Impact Im an c) The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the Natural History Museum of Los Angeles County and the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere-of-Influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per the Public Safety Element of the General Plan; therefore, the following mitigation measures shall be implemented: 1) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding developments/annual discing for weed abatement. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. Rev. 4/2012 P273 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 19 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp 9 Significant Mltigalion Significant No Im act InwriPonated Im act Impact 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ( ) ( ) ( ) (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ( ) ( ) ( ) (✓) iii) Seismic-related ground failure, including ( ) ( ) ( ) (✓) liquefaction? iv) Landslides? ( ) ( ) ( ) (✓) b) Result in substantial soil erosion or the loss of topsoil? ( ) (✓) ( ) ( ) C) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (✓) or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ( ) ( ) ( )y (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR. The Red Hill Fault, passes within 2 miles north of the site, and the Cucamonga Fault Zone lies approximately 4 miles north. These faults are both capable of producing MV„ 6.0 — 7.0 earthquakes, respectively. Also, the San Jacinto fault, capable of producing up to M„, 7.5 earthquakes is 8 miles northeasterly of the site and the San Andreas, capable of up to M„,8.2 earthquakes, is 10 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code and Standard Conditions will ensure that geologic impacts are less-than-significant. b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit 4.7-4 of the General Plan FPEIR. The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing Rev. 4/2012 P274 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 20 Less Than Significant Less Issues and Supporting Information Sources: Potentially wim Than PP 9 Significant corpaticn Significant No Im act Incor watetl Im act Im as sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PMio emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMIg emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM1g emissions. C) The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside areas at the northern end of the City and in the SOI for slope failure, landslides, and/or erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The City Hillside Development Regulations prohibits the development within slopes of 30 percent or greater and limit the number of units that could be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The site is not within an Earthquake hazard zone or other unstable geologic unit or soil type according to General, Plan FPEIR Exhibit 4.7-2. Soil types on-site consist of Tujunga Loamy Sand Soil association according to General Plan FPEIR Exhibit 4.7-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Tujunga Loamy Sand Soil association according to General Plan FPEIR Exhibit 4.7-3. These soils are typically on 0 to 5 percent slopes on broad alluvial fans where the soil is rapidly permeable. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. Rev. 4/2012 P275 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 21. Less Than Significant Less Issues and Supporting Information Sources: Potemlalnt wan Than PP 9 Significant Incorporated Significant pa Impact Into orateE Im ecl Impact 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or ( ) (✓) ( ) Q indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ( ) ( ) ( ) (✓) Comments: a) Regulations and Significance - 1979 with the National Climate Protection Act (92 Stat. 601). In June of 2005, Governor Schwarzenegger established California's Green House Gas ("GHG") emissions reduction target in Executive Order(ED) S-3-05. The EO created goals to reduce GHG emissions for the State of California to 2000 levels by 2010; GHG emissions reduced to 1990 levels by 2020; and GHG emissions reduced to 80 percent below 1990 levels by 2050. Additionally, on December 7, 2009, the U.S. Environmental Protection Agency (USEPA) issued findings regarding GHGs under rule 202(a) of the Clean Air Act: (1) that GHGs endanger human health; and (2) that this will be the first steps to regulating GHGs through the Federal Clean Air Act. The USEPA defines six key GHGs (carbon dioxide [COZ], methane [CH,], nitrous oxide [NZO], hydroflourocarbons [HFCs], perflourocarbons [PFCs], and sulfur hexafluoride [SF6]. The combined emissions of these well-mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. The western states, including Arizona, California, New Mexico, Oregon, Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected to see an increase of three to four degrees Fahrenheit (°F) over the next century. Assembly Bill (AB) 32 requires that the California Air Resources Board (ARB), the lead agency for implementing AB 32, determine what the statewide GHG emission level was in 1990 and approve a statewide GHG emissions limit (427 million metric tons of CO2 equivalent) to be achieved by 2020 and prepare a Scoping Plan to outline the main strategies for meeting the 2020 deadline. Significant progress can be made toward the 2020 goal through existing technologies and improving the efficiency of energy use. Other solutions would include improving the State's infrastructure, and transitioning to cleaner and more efficient sources of energy. The ARB estimates that 38 percent of the State's GHG emissions in 2004 was from transportation sources followed by electricity generation (both in-State and out-of-State) at 28 percent and industrial at 20 percent. Residential and commercial activities account for 9 percent, agricultural uses at 6 percent, high global warming potential gases at 3 percent, and recycling and waste at 1 percent. It is not anticipated that any single development project would have a substantial effect on global climate change but that GHG emissions from the project would combine with emissions across California, the United States, and the world to cumulatively contribute to global climate change. Therefore, consistent with the ARB's Climate Change Scoping Rev. 4/2012 P276 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 22 Less Than Significant Les, Issues and Supporting Information Sources: Potentially with Than PP 9 Significant Mitigation Si gnificant No Im act Inca orated Im act Im pact Plan, the proposed project was evaluated for consistency with the Early Action Measures (Scoping Plan is a recommendation until adopted through normal rulemaking). The proposed project is assessed by determining its consistency with the 37 Recommended Actions identified by ARB. In compliance with Senate Bill (SB) 97 and CEQA, the project has been analyzed based on a performance based standard") (CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana-Arrow Highway station. The Upland station monitors all criteria pollutant except PMJ0, PM2,5, and S02 which are monitored at the Fontana-Arrow Highway station. The ambient air quality in the project area for CO, NOZ, and S02 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PMtti, and PM2.5 levels all exceed State and Federal standards regularly. Project Related Sources of GHG's - Based on the Guidelines for the Implementation of California Environmental Quality Act, Appendix G, a project would normally be considered to have a significant effect on air quality if the project would violate any ambient air quality standards, contribute substantially to an existing air quality violation, expose sensitive receptors to substantial pollutant concentrations, or conflict with adopted environmental plans and goals of the community. However, neither the CEQA statutes, Office of Planning and Research (OPR) guidelines, nor the draft proposed changes to the CEQA Guidelines prescribe thresholds of significance or a particular methodology for performing an impact analysis. Significance criteria are left to the judgment and discretion of the Lead Agency. Project-related GHG's would include emissions from direct and indirect sources. Based on the Air Quality Analysis prepared by LSA Associates, Inc. (August, 2012) the project would result in the emissions of carbon dioxide[CO21, methane [CH,], nitrous oxide [N2O], and carbon dioxide equivalent [COze]. Short Term (Construction) GHG Emissions - The General Plan FPEIR (Section 4.5) indicates that GHG emissions result from construction activities associated with diesel-powered construction equipment and other combustion sources (i.e. Generators, workers vehicles, material delivery, etc.). The GHG emitted by construction equipment is primarily carbon dioxide (CO2). The highest levels of construction related GHGs occur during site preparation including demolition, grading and excavation. Construction related GHG's are also emitted from off-site haul trucks and construction workers traveling to the job site. Exhaust emissions from construction activities would vary each day with the changes in construction activity on-site. The combustion of fossil-based fuels creates GHG's such as COZ, Cho, and N2O. CH4 is emitted during the fueling of heavy equipment. Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive Rev. 4/2012 P277 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 23 Less Than Significant Less anY cant Than and Supporting Information Sources: Significant Mitiga on Significant nt No P Im ad noorpwated Im act Im ad dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contactor shall select construction equipment based on low- emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. Long Term (Operational) GHG's Emissions - The primary source of GHG emissions generated by the proposed project would be from motor vehicles, combustion of natural gas for space and water heating, as well as off-site GHG emissions from generation of electricity consumed by the proposed land use development over a long term. CEQA requires the Lead Agency to review the project for "adequacy, completeness, and a good faith effort at full disclosure," to determine potential impacts of GHG's. Therefore the project has been analyzed based on methodologies and information available to the City at the time this document was prepared. Estimates are based on past performance and represent a scenario that is a worst case with the understanding that technology changes may reduce GHG emissions in the future. To date, there is no established quantified GHG emission threshold. Long-term GHG emissions impacts are those associated with stationary sources such as energy consumption and mobile sources such as vehicular trips resulting from project implementation. While the project is planning on building 306 multi-family units, the site could accommodate up to 316 multi-family dwelling units. The Greenhouse Gas Emissions and Global Climate Change Study performed by LSA Associates, Inc. (August 2012) bases there study on GHG emissions from the operation of 316 multi-family dwelling units. The GHG emission estimates presented in Table 1 show the emissions associated with operation of the proposed project under Business as Usual (BAU) scenario of the General Plan Mixed Use zoning designation for the project site, which includes office, commercial and residential uses. Using CalEEMod defaults for all operational parameters, a hypothetical Mixed Use project. that includes 139,500 square feet of office space, 236,250 square feet of retail space, and 23 townhomes would result in 10,736 vehicle trips per day, 75.2 million gallons of water, 252 MWhr of electricity, 1,240 MBTU of natural gas and 399 tons of solid waste annually. Table 1: Long-Term Operational Greenhouse Gas Emissions —BAU General Plan MU Zoning. Rev. 4/2012 P278 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 24 Less Then Significant Less Issues and Supporting Information Sr Potentially with Than PP g orma Sources: Significant M igabon Significant No Impact Inco crat. Ira att Ira att Total Re ici Pollutant Emissions M'1Yyeur __— Emissions Source Bin-C% NBio-COZ Tota1(:0, C44--f N O CO e Construction emissions 0 44 44 0.004 0 45 amortized over 30 ears _ Area _ 5.3 32 37 0.02 0 38 EneM 0 1,700 1,700 0.07 0.03 L700 Mobile 0 8,700 8 700 0.37 0 8.700 Waste 81 0 81 4.8 0 180 Water 0 _ 270 270 1.4 0.04 310 Total Project Emissions 86 11,000 11,000 6.7 0.07 1 11,000 Source:LSA Associates,Inc.,June 2012. Note: Numbers in table may not appear to add up correctly due to rounding of all numbers to two significant digits. BAU-business-as-usual CO2e=carbon dioxide equivalent Bio-0O2=biologically generated CO, MT=metric tons CH,=methane N=O=nitrous oxide CO,=carbon dioxide NBio-CO,=Nan-biologically generated C0= Table 2 shows the emissions associated with operation of the proposed project under a BAU scenario of residential development, without incorporation of any of the planned project features that would result in a GHG emissions reduction. Using CalEEMod defaults for all operational parameters, this project would result in 2,058 vehicle trips per day, 33.6 million gallons of water, 1,560 MWhr of electricity, 8,160 MBTU of natural gas and 145 tons of solid waste used annually. This scenario, while producing area emissions greater than the BAU General Plan Mixed Use scenario, results in an approximately 75 percent decrease in the vehicle trips and a nearly 65 percent reduction in the net GHG emissions. Table 2: Long-Term Operational Green House Gas Emissions -As Proposed Residential Development. Total Regl onal Pollutant Emissions,INTlyear___ -__— Emissions Source Bici NBio-CO 'Total CO CFI, N=O CO2e Construction emissions 0�1 44 44 0.004 0 45 _amortized over 30 years _ _ _ _ Area 0 210 210 0.01 0 __210 F.ner -- ---- 0 830 _ 830 _0.03_ _0.01 840 Mobile_ 0 2 0.11 0 600 2,(i0U __ -� 2,600 - Waste 27 0 _ 27 1.6 __- 0 - 60 Water - -- 0 ----110 110— -- 0.57 0.02 -- 130 Total Project Emissions 1 27 1 3,800 1 3,800 2.3 0.03 3,800 Source: ISA Associates, Inc.,June 2012. Note:Numbers in table may not appear to add up correctly due to rounding of all numbers to two significant digits. Bio-CO,=biologically generated CO2 MT=metric tons CR,1 methane N,0=nitrous oxide CO,.=carbon dioxide NBio-CO,=Non-biologically generated CO2 COX=cartxm dioxide equivalent Rev. 4/2012 P279 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 25 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than PP 9 Significant Ntigation Significant No Impact Into orates Im acl Im ed A comparison of Tables 1 and 2 shows that by changing the project from the City's General Plan Mixed Use zoning to Medium High Residential zoning would reduce the BAU emissions from 11,000 to 3,800 MTCOZE annually, or an approximate 64.5 percent reduction. This is primarily because of an approximately 75 percent reduction in vehicle trips and more efficient energy and water use resulting in substantially lower GHG emissions. It can be concluded, than, that the reduction in GHG emissions achieved by the proposed project through a change in zoning and project design, would not generate GHG emissions, ether directly or indirectly, that may have a significant impact on the environment. Additionally, the proposed project would not conflict with AB32 or other applicable plans, policies, or regulations adopted for the purpose of reduction the emission of GHGs because is substantially reduces project related GHG emissions to substantially below the General Plan Mixed Use zoning scenario. Therefore, with the achievement of a nearly 65 percent total reduction from BAU, the proposed projects climate impacts GHG impacts would be less-than-significant, and no mitigation is required. The project is consistent with the California Environmental Protection Agency Climate Action Team proposed early action measures to mitigate climate change included in the CARB Scoping Plan mandated under AB 32. The project will not conflict or impede implementation of reduction goals identified in AB 32, the Governor's EO S- 0-5 and other strategies to help reduce GHGs to the level proposed by the Governor. Additionally, the City is participating in the development of a Sustainable Communities Strategy (SCS) with SANBAG for the San Bernardino County area pursuant to Senate Bill (SB)375. The project's long term operation emissions will contribute to area pollutants but will not exceed any of the SCAOMD's thresholds. The proposed project would have less than a significant long term impact with the following mitigation measures: 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems Rev. 4/2012 P280 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 26 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant utigation Significant No Im act Into orated Im as Im act • Install solar or light emitting diodes (LED's)for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. The proposed project will result in 3,800 MTCO2eq/yr (total project emissions) of operational related emission without reduction from project design features. Based on the reduction measures proposed for the project and the Mitigation Measures the project would reduce its GHG emission below the "business as usual" scenario by 65 percent. AB 32 requires the reduction of GHG emissions to 1990 levels, which would require a minimum 28.5 percent reduction in "business as usual" GHG emissions for the entire State. b) The project proposes the construction of 306 multi-family units. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emission apply to the project. The 2010 General Plan Update included adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re-use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes diverse opportunities. The proposed project will conform to Global Climate Change Minimization Measure GCC-1, include water efficient landscaping, use energy star appliances and windows, and use LED outdoor lighting fixtures and therefore is consistent with the policies of the General Plan. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG's and determined that GHG emissions would be cumulatively considerable, which would be a significant unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project would not hinder the State's GHG reduction goals established by Assembly(AB) 32 and therefore would be less than a significant impact. Rev. 4/2012 P281 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 27 Less Than Significant Less Issues and Supporting Information Sources: sipifi lly cairn Than PP 9 Significant Mitigation Significant No Im an Incorporated Impact Im act 8. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (✓) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of ( ) ( ) ( ) (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or _ working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (✓) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) Development within the City may utilize or generate hazardous materials or wastes. This is usually associated with individual households, small business operations, and maintenance activities like paints, cleaning solvents, fertilizers, and motor oil or through construction activities that would use paints, solvents, acids, curing compounds, grease, and oils. These materials would be stored and used at individual sites. The City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive that any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are expected. Rev. 4/2012 P282 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 28 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 significant Mitigation Si gnificant No ha act Incortorated Ira act Im act b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive than any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are anticipated. C) The Coyote Canyon Elementary School is located approximately 1/4 mile west of the site, however, the construction of the proposed residential condominiums will not emit or release toxic or hazardous substances. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspections did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an Airport Land Use Plan according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 and is not within 2 miles of a public airport. The project site is located approximately 5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2 and 1/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The City has a developed roadway network that provides emergency access and evacuation routes to existing development. The City's Emergency Operation Plan, which is updated every three years, includes policies and procedures to be administered by the City of Rancho Cucamonga in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from wind-driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS-1. Rev. 4/2012 P283 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 29 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant moigafion Significant No hip= Into oratee Im act Im act 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ( ) (✓) ( ) ( ) requirements? b) Substantially deplete groundwater supplies or interfere ( ) ( ) ( ) (✓) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (✓) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) (✓) ( ) ( ) g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (✓) mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (✓) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ( ) ( ) ( ) (✓) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Rev. 4/2012 P284 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 30 Less Than S'pi(aant Less Issues and Supporting Information Sources: Pmemialnt wm Than PP 9 Signifi ant Mitigation Signifwnt No Im ad Inm orated Im act Im ad Resource Control Board (SWRCB), through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) to prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. • Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. • Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare an SWPPP. To comply with the NPDES, the project construction contractor will be required to prepare an SWPPP during construction activities, and a Water Quality Management Plan (WQMP)for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by Madole & Associates, Inc. (September, 2012), which identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures are required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of Grading Permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to Rev. 4/2012 P285 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 31 Less Than Significant Less Issues and Supporting Information Sources: Potentialq cam Than PP 9 Significant Ungatlon Significant No Impact Incor aatetl Im act Im act control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational., 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole & Associates, Inc. (September, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits. b) According to CVWD, approximately 35 percent of the City's water is currently provided from water supplies coming from the underlying Chino and Cucamonga Groundwater Basins. CVWD complies with its prescriptive water rights as managed by the Chino Basin Watermaster and will not deplete the local groundwater resource. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Figure RC-3. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. C) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official Rev. 4/2012 P286 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 32 Less Tnan Signticars Less Issues and Supporting Information Sources: Significant alty vmn roan PP 9 SiImact corp.te Sipniad p No Impact Inver aeletl Im ad Im aq and City Engineer prior to issuance of Grading Permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. Therefore, increase in runoff from the site will not result in flooding on-or off-site. No impacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is for new development therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. The following mitigation measures shall be implemented: 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. g) The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. Rev. 4/2012 P287 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 33 Less Than Significant Less Issues and Supporting Information Sources: Potentially wm Than PP 9 Significant Mitigation Significant No Im ad incorporated Impact Im ad h) The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No.adverse impacts are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to adequately convey floodwaters from a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Figure PS-6. The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were out by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ( ) ( ) ( ) (✓) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (✓) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat conservation plan ( ) ( ) ( ) (✓) or natural community conservation plan? Comments: a) The site is located on the south side of Church Street between Mayten Avenue and Malaga Drive and is characterized by existing residential development to the east, west, and north and by a vacant parcel to the south that is the site of a proposed commercial development. There are existing residential projects to the east, west and north and will become a part of the larger community. No adverse impacts are anticipated. b) The General Plan land use designation for the project site is Mixed Use. The project proposes changing the land use designation to Medium High Residential, in accord with the Terra Vista Community Plan. The proposed project does not interfere with any policies for environmental protection, SCAG's Compass Blueprint, or SCAG's Regional Comprehensive Plan. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to General Plan Figure RC-4 and Section 4.10 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals Rev. 4/2012 P288 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 34 Less Than Significant Less Issues and Supporting Information Sources: P°ten°ally With Than PP 9 Significant Mitigation Significant No Impact Inco orated Im ad Im ad because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (✓) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) ( ) ( ) (✓) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure RC-2 and Table RC-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure RC-2 and Table RC-1, as a valuable mineral resource recovery site; therefore, there is no impact. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) (✓) ( ) ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (✓) ground borne vibration or ground borne noise levels? C) A substantial permanent increase in ambient noise ( ) ( ) ( ) (✓) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ( ) (✓) ( ) ( ) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Figure PS-9 at build-out. A Noise Impact Study was submitted by LSA Rev. 4/2012 P289 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 35 Less Than Potenti Signi ally Wficant Less ith Than Issues and Supporting Information Sources: significant MWgabon Significant No Im ad Inca tetl Im ad Im ad Associates, INC. (August, 2012).The study concluded that with mitigations the project would be able to be in compliance with the City's noise standards. Exterior: 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site excavation and grading on the site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. 3) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 4) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 5) The construction contractor shall obtain the City's approval for its haul plan, with the planed haul truck routes 'avoiding residential areas to the extent feasible. 6) Along Church Street: • A sound wall along the project's northwestern property line with a minimum height of 8 feet above the pad elevation or along the perimeter of ground- floor patios of the multi-family building that can be a combination of berms and concrete masonry units. • A 5-foot high wall along the balcony/decks directly exposed to Church Street and within 83 feet of the Church Street centerline. The sound wall can be constructed with a combination of wood and Plexiglas, with no gaps. Interior: 7) Along Church Street: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Church Street with direct line of sight to Church Street traffic. Rev. 4/2012 P29O Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga V Page 36 Less Than Significant Less Issues and Supporting Information Sources: sg�il With Si gnlificant No Impact Inter orated Impact Impact 8) Along Mayten Avenue: A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Mayten Avenue with direct line of sight to Mal Avenue traffic. 9) Along Malaga Drive: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Malaga Drive with direct line of sight to Malaga Drive traffic. b) The normal operating uses associated with this type of project normally do not induce ground borne vibrations Construction related vibration may create short-term noise and vibration impacts. As such, no impacts are anticipated. C) The primary source of ambient noise levels in Rancho Cucamonga is traffic. Because the project will not significantly increase traffic as analyzed in Section 16 Trans portation/Traffic; it will likely not increase ambient noise levels within the vicinity of the project d) The General Plan FPEIR (Section 4.12) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 10) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 11) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 12) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment but do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measure shall then be required: Rev. 4/2012 P291 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 37 Less Than Significant Less Issues and Supporting Information Sources: s9ea`alm Mitigation With Si ghan No Impact Incorporated Im ad impact 13) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The project is located approximately 5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either ( ) ( ) ( ) (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (✓) necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (✓) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will not induce population growth. The project is located in a predominantly developed area and will include the construction of 306 multiple-family homes. Although the project will increase the population growth in the area there will be a less-than-significant impact as the project is, consistent with the underlying Zoning and General Plan Designation. The density was analyzed as part of the build-out in the General Plan FPEIR. Construction activities at the site will be short-term and will not attract new employees to the area. No impacts are anticipated. b) Because the property is vacant, there will be no displacement of housing or people. Therefore no adverse impact is expected. C) Because the property is vacant there will be no displacement of housing or people. Therefore, no adverse impact is expected. Rev. 4/2012 P292 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 38 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant Mitigation Significant No Im ap Inca orated Impact Im act 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) ( ) ( ) (✓) b) Police protection? ( ) ( ) ( ) (✓) C) Schools? ( ) ( ) ( ) (✓) d) Parks? O O O (✓) e) Other public facilities? ( ) ( ) ( ) (✓) Comments: a) The site, located on the south side of Church Street between Malaga Drive and Mayten Avenue, would be served by a fire station located approximately 1 mile from the ,project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project to lessen the future demand and impacts to fire services. No impacts are anticipated. b) The increase in residential units may lead to an increase in calls for service. Although there may be an increase in calls, additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. C) The Etiwanda School District and the Chaffey Joint Union High School District serve the project area. Both school districts have been notified regarding the proposed development. A standard condition of approval will require the developer to pay the School Impact Fees. With this standard mitigation, impacts to the School Districts are not considered significant. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Milliken Park, is located less than 1 mile to the north of the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. In addition to the nearby public park, the site will also provides multiple recreational amenities including a pool and spa, outdoor play areas, an indoor fitness room and an outdoor fitness circuit. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in Rev. 4/2012 P293 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 39 Less Than Significant Less Issues and Supporting Information Sources: Potentially wan Than PP 9 Significant Mitigation Si gni9cant No MEW Inca orated Im ad Im act the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FPEIR (Section 4.14), there will be a projected increase in library space demand but with the implementation of standard conditions, the increase in Library Services would be mitigated to less-than-significant impact. Additionally, the Paul A. Biane Library has an additional 14,000 square foot shell of vacant library space that is planned for future Library use. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore no adverse impact is expected. 15. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) ( ) ( ) (✓) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (✓) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Milliken Park, is located less than 1 mile from the project site. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. b) See a) response above. 16. TRANSPORTATIONITRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy ( ) ( ) ( ) (✓) establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management ( ) ( ) ( ) (✓) program, including, but not limited to a level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Rev. 4/2012 P294 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 40 Less Than Significant Less Issues and Supporting Information Sources: Potentialy With Than PP 9 significant Mitigation Significant No Im act incorporated Impact Impact C) Result in a change in air traffic patterns, including ( ) ( ) ( ) (✓) either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (✓) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (✓) D Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (✓) regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Comments: a) Implementation of the proposed project will generate 2,101 vehicle trips daily based on trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation (8 h Addition)for Land Use 220 (Apartments) (LSA Associates Inc., July 2012). The project proposes the development of 306 multi-family dwelling units. As noted in the General Plan FPEIR (Section 4.16), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in the project design. The traffic study (LSA Associates Inc., July 2012) concludes that the intersection at Church Street and Mayten Avenue currently operates at an unsatisfactory level of service. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits. The fees will be used to install a four-way stop control at the Church Street and Mayten Avenue intersection to bring the level of service to a satisfactory level. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The traffic study (LSA Associates Inc., July 2012) estimates that the project will generate 161 trips during the a.m. peak hour and 196 trips during the p.m. peak hour In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of Building Permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. No impacts are anticipated. C) Located approximately 5 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. Rev. 4/2012 P295 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 41 Less Than Significant Less Issues and Supporting Information Sources: Pmemca wan man Significannt t Mitigation Than No Im ad Impact Incorporated ha pact ' d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles during construction and upon completion of the project and will therefore not create an inadequate emergency access. No impacts are anticipated. f) The project is located within 1 block of an existing bus stop and will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities. 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (✓) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) ( ) ( ) (✓) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental,effects? c) Require or result in the construction of new storm ( ) ( ) ( ) (✓) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (✓) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ( ) ( ) ( ) (✓) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (✓) regulations related to solid waste? Comments: a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-1 and RP-4 treatment plants. The RP-1 capacity is sufficient to exceed the additional development within the western and southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to treat all increases in wastewater generation for build-out of the General Plan. The project is required to meet Rev. 4/2012 P296 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 42 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant Mitigation Si gnifwnt No Im act Inco onded Im act impact the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. C) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. The impact is not considered significant. d) The project is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. No impacts are anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. No impacts are anticipated. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 18. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) ( ) ( ) (✓) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ( ) ( ) ( ) (✓) limited, but cumulatively considerable? ("Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Rev. 4/2012 P297 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 43 Less Than Signii Less Issues and Supporting Information Sources: Potenuant wim rnan PP 9 Signifcant MitigaGOn Signif and No Im act Into orates Im an Im act C) Does the project have environmental effects that will ( ) ( ) ( ) (✓) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Figure RC-4. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. No impacts are anticipated. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier PEIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): Rev. 4/2012 P298 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 44 (✓) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (✓) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (✓) Terra Vista Planned Community EIR (SCH#81082808, certified February 16, 1983) (✓) Air Quality Analysis: LSA Associates, INC. (LSA Associates, INC., August, 2012) (✓) Cultural Resources Assessment: LSA Associates, INC. (LSA Associates, INC., June, 2012) (✓) General Biological Resources Assessment(LSA Associates, INC., June, 2012) (✓) Focused Burrowing Owl Survey(LSA Associates, INC., August, 2012) (✓) Greenhouse Gas Emissions and Global Climate Change Study(LSA Associates, INC., August, 2012) (✓) Noise Impact Study (LSA Associates, INC., August, 2012) (✓) Traffic Study(LSA Associates, INC., July, 2012) Rev. 4/2012 P299 City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Environmental Assessment and General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management- The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will be taken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P300 Mitigation Monitoring Program Environmental Assessment and General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856,and Minor Exception DRC2012-00759 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwritten notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. P3O1 Initial Study for General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726, Tentative Tract Map SUBTT18856, and Minor Exception DRC2012-00759 City of Rancho Cucamonga Page 45 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Applicant's Signature: Date: 12-1 (q; 12 Print Name and Title: SOU Rev. 4/2012 P302 U t, _Nr - d m T dE- 0 N U U U 2 c c c c cl cx a a m O `o `° `o 0 ~ O a3) a3i aa)) a3) F- J N U °c 0 W _ r (.� N Y Z Z Q m 0 Z Go O r F ?. 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E N C Y d Y E F � � w `O , C _ Cc C d 0 C ` d O l0 l0 � ._ N ? _ — U C O N p� p (9 10 C m 41 c W (0 C d p 0 C -: L N a' E L co O ' — N O. .N N O V N j E L 0 ` 'C w o w U v ° m ,os m d 0 0 -p 'O U C �`• M y 'YI -E O c Y Y . cO v m U N o c cwm L) L) d o r cmmp � � m .« U C U m L"5 o f c 5 O C. x t .� s d$ Q> a wi m a v Y m a t LL P315 City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: SUBTT18856 -This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration,for the aboveAsted project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. 'Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance: The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2: A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management- The MMP will be in place through all phases of the project. The project planner, assigned by the Planning-Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P316 Mitigation Monitoring Program SUBTT18856 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwritten notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. P317 RESOLUTION NO. 13-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO " CUCAMONGA, CALIFORNIA RECOMMENDING THE ADOPTION BY THE CITY COUNCIL OF GENERAL PLAN AMENDMENT DRC2012-00727, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM MIXED-USE TO MEDIUM HIGH RESIDENTIAL FOR 19.25 ACRES LOCATED ON THE SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-151-49 AND 50 A. Recitals. 1. Homecoming V at Terra Vista, LLC filed an application for the approval of General Plan Amendment DRC2012-00727, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. Oh the 28th day of November 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Rather than taking . action on the application, the Planning Commission remanded the item to the Design Review Committee for further review. It was noted that the item would be re-advertised for a future Planning Commission hearing. 3. On the 9th day of January 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearings on November 28, 2012, and January 9, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 19.25-acre vacant project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive; and b. The applicant proposed the development site with a 306-unit market-rate rental condominium project; and C. The site is within Medium High Development District of the Terra Vista Community Plan and has a proposed density of 15.9 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre; and d. The site is bounded by a multi-family development_to the north in the High (H) Residential Development District; a vacant lot to the south in the Community Commercial (CC) Development District; a senior housing development to the west in the Mixed Use (MHO) Development EXHIBIT C P318 PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 2 District; and a single-family residential development to the east in the Low Medium (LM) and Medium (M) Development District; and e. The applicant requests to amend the General Plan in order to change the land use designation from Mixed Use to Medium High Residential, in line with the Terra Vista Community Plan; . and f. The General Plan development designation for the project site was changed from Medium High (MH) residential to Mixed Use (MU) with the 2010 General Plan Update. As part of the 2010 Update, the City identified large vacant parcels along Foothill Boulevard as potential mixed use sites in order to encourage the creation of transit onented developments; and g. The subject 19.25-acre site, along with the 28-acre parcel to the south, was designated as Mixed Use Planning Site#8. The intent,was for the entire site to be developed as an integrated mixed use center with an urban village setting, including pedestrian friendly gridded street network, large public spaces, and surface parking located behind the buildings; and h. Walmart purchased the entire site prior to the adoption of the new General Plan with the intent on developing a large retail store and selling off the residentially designated 19.25 acres to another developer. Both Walmart and the applicant would like to develop the site in conformance with the Terra Vista Community Plan; and i. Neither wishes to develop an integrated mixed use project as outlined in the General Plan. The proposed layout will provide a buffer between the existing residential developments to the east, west, and north and the proposed commercial uses to the south; and j. The project also includes an associated Development Review (DRC2012-00726) and Tentative Tract Map (SUBTT18856). 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and the Terra Vista community Plan; and C. The site is physically suitable for the type of development proposed, and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California P319 PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 3 Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that; with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that,.. based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. . The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends to the City Council approval of the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is to change the General Plan land use designation for the site from Mixed Use to Medium High Residential in order to construct a 306-unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan -APN: 0227-151-49 and 50. 2) The approval of DRC2012-00727 is subject to final approval by the City Council. P320 PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 4 Environmental Mitigation Air Qualify 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will"tie utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) The project will comply with Global Climate Change Minimization Measure GCC-1 and incorporate the measures outlined in the Greenhouse Gas Emissions and Global Climate Change Study (LSA, August 2012) and provide verification of compliance prior to approval of building permits. 5) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 6) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. P321 PLANNING COMMISSION RESOLUTION NO, 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 5 • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 7) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403. 8) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,p emissions. 9) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 11) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 12) Provide preferential parking to high occupancy vehicles and shuttle services. 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or. drought-resistant species to reduce water consumption and to provide passive solar benefits. 15) Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 16) All residential structures shall be required to incorporate high- efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 17) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. 18) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. P322 PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 6 Biological Resources 1) The applicant shall perform a pre-construction burrowing owl survey 30 days prior to the beginning of site grading. All survey recommendations shall be implemented and verified by a licensed biologist prior to a Grading Permit being issued. Cultural Resources 1) A Treatment and Disposition agreement shall be entered into between the Soboba Band and the applicant prior to a grading permit being issued. 2) An archeologist shall regularly monitor the project site during any grading activities. If any prehistoric archaeological resources are encountered before or during grading, the applicant shall take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 3) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: P323 PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 7 • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery; the.grading contractor should immediately divert construction . and notify. the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Greenhouse Gasses 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contactor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. P324 PLANNING COMMISSION RESOLUTION NO, 13-05 DRC2012-00727— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 8 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6)' Ridesharing and transit incentives shall .be supported and encouraged for construction crew. 7) Construction and Building.materials shall be produced.and/or-manufactured locally.Use "Green Building Materials such as materials that are resource efficient, recycled. and manufactured in an environmentally .friendly. way including low-volatile-organic-compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install solar or light emitting diodes (LED's)for outdoor lighting 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. P325 PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 9 Hydrology and Water Quality 1) Prior to issuance of Grading Permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering.the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included'in.the Grading,Plan and mplemented. for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan 'shall include the following measures at a minimum: a)-Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shajl be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm.events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole & Associates, Inc. (September, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits. 7) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. P326 PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 10 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water .Permit from the State Water Resources Control . Board. 'Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES'General Construction Permit. Noise.. 1) Prior to the issuance. of any grading plans a. construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict' the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site excavation and grading on the site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. 3) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 4) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 5) The construction contractor shall obtain the City's approval for its haul plan, with the planed haul truck routes avoiding residential areas to the extent feasible. The developer shall provide/install the following items (6-9) for the purposes of noise mitigation: 6) Along Church Street: A sound wall along the northwestern property line of the project with a minimum height of 8 feet above the pad elevation or along the perimeter of ground-floor patios of the multi-family building that can be a combination of berms and concrete masonry units. A 5-foot high wall along the balcony/decks directly exposed to Church Street and within 83 feet of the Church Street centerline. The sound wall can be constructed with a combination of wood and Plexiglas, with no gaps. P327 PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 11 7) Along Church Street: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Church Street with direct line of sight to Church Street traffic. 8) Along Mayten Avenue: • A mechanical ventilation system. such -as.:@ mechanical fan or air oonditioning,system for all residential buildings along Mayten Avenue with direct line of sight to Mayten Avenue traffic. 9) Along Malaga Drive: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Malaga Drive with direct line of sight to Malaga Drive traffic. 10) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 11) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 12) The perimeter block wall shall be constructed as early as possible in first phase. 13) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. P328 PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727– HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 12 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED.AND ADOPTED THIS 9TH DAY OF JANUARY 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Frances Howdyshell, Chairman ; ATTEST: ^ —� Candyce eumett, Senior Planner I, Candyce Burnett, Senior Planner of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of January 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, MUNOZ ABSTAIN: COMMISSIONERS: NONE P329 RESOLUTION NO. 13-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2012-00726, A REQUEST TO REVIEW THE SITE PLAN AND ARCHITECTURE OF A 306-UNIT RENTAL CONDOMINIUM DEVELOPMENT ON 19.25 ACRES LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE MEDIUM HIGH DEVELOPMENT DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0227-151.-49 AND 50. A. Recitals. .-,. 1. Homecoming V. at Terra Vista, LLC filed an application for the approval of Development Review DRC2012-00726, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 28th day of November 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Rather than taking action on the application, the Planning Commission remanded the item to the Design Review Committee for further review. It was noted that the item would be re-advertised for a future Planning Commission hearing. 3. On the 9th day of January 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearings of November 28, 2012, and January 9, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 19.25-acre vacant project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive; and b. The site is within Medium High Development District of the Terra Vista Community Plan and has a proposed density of 15.9 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre; and C. The site is bounded by a multi-family development to the north in the High (H) Residential Development District, a vacant lot to the south in the Community Commercial (CC) Development District; a senior housing development to the west in the Mixed Use (MHO) Development District; and a single-family residential development to the east in the Low Medium (LM) and Medium (M) Development District; and P330 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 2 d. The development is made up of 306 units divided between duet homes (122 units), townhomes (112 units) and stacked flats (72 units). This includes 56, one-bedroom units (870 square feet to 1,015 square feet), 119, two-bedroom units (1,248 square feet to 1,411 square feet), 118, three-bedroom units (1,534 square feet to 1,986 square feet) and 13, four-bedroom units (1,986 square feet); and e. . The project provides_a total of 720 parking spaces, 25, parking spaces above the minimum requirement; and f. The proposed development also includes an associated subdivision, Tentative Tract Map SUBTT18856; and g. The project exceeds the number of recreational amenities required by the Development Code and includes amenities that meet the interests of residents of all ages. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and C. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated P331 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 3 Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project: d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the' City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends to the City Council approval of the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the design and layout of a 306-unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan -APN: 0227-151-49 and 50. 2) The approval of DRC2012-00726 is subject to approval by the City Council of General Plan Amendment DRC2012-00727 to change land use designation of the from Mixed Use to Medium High. 3) The final design of the tile building numbering architectural element shall be approved by the Planning Director. 4) All decorative foam outriggers shall have a natural wood appearance. 5) All perimeter walls and metal fences exposed to public view shall be decorative and include a decorative pilaster at each change in direction of either the wall or metal fence. Engineering Department 1) Church Street frontage improvements to be in accordance with City "Secondary" standards as required and including: a) Protect the existing curb, gutter, street lights, and landscaped median or repair as needed. P332 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 4 b) Protect or provide R26(s) "No Stopping" signs along Church Avenue frontage as required. c) Protect or provide the traffic striping and signage as required. d) Provide the property line adjacent sidewalk and street trees per City Standards. e) Protect or modify the existing traffic signal facilities as required, 2) Mayten Avenue frontage improvements to be in accordance with the City "Secondary" standards as required and including: a) Protect the existing curb, gutter, street lights, or repair as needed. b) Protect or provide R26(s) "No Stopping" signs along Mayten Avenue frontage as required. c) Protect or provide additional traffic striping and signage as required. d) Provide property line adjacent sidewalk, drive approach, and street trees per City Standards. 3) Malaga Drive frontage improvements to be in accordance with the City "Secondary" standards as required and including: a) Protect the existing curb, gutter, street lights, or repair as needed. b) Protect or provide R26(s) "No Stopping" signs along Malaga Drive frontage as required. c) Protect or provide additional traffic striping and signage as required. d) Provide the sidewalk 7 feet back of the curb, commercial drive approach, and street trees per City Standards. e) The sidewalk shall cross the drive approach at the 0" curb face. If necessary, provide a sidewalk easement. Median nose and any decorative pavement shall not encroach into the public right-of-way, including sidewalk easement. f) Extend the sidewalk in front of APN: 0227-151-42. g) Protect or modify the existing traffic signal facilities as required. 4) The drive entry on Malaga Drive is acceptable to the Engineering Services Department at a dimension of 20 feet by 8 feet by 20 feet. The developer is responsible to obtain clearance from the Fire District. P333 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 5 5) Verify the existing access ramps for conformance to ADA requirements and to City Standard 102 at the southeast corner of Church Street and Mayten Avenue and at the southwest corner of Church Street and Malaga Drive. Otherwise reconstruct access ramps to current City Standard 100-B and 102 and have a surface applied truncated dome detectable warning surface as supplied by ADA Solutions, Inc. or approved equal. 6) Install a traffic, signal at the .intersection of Mayten Avenue and Church Street. The developer shall .receive credit against, . and reimbursement of costs in excess of, the Transportation Development Fee in conformance with City policy. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 7) Revise Drawing 1940-D to add private storm connection. On-site drainage study will be reviewed by Building and Safety Services Department, but a copy shall be provided to the Engineering Services Department as a referenced document. Building and Safety Services Department (Grading) 1) Grading of the subject property shall be in accordance with the current adopted California Building Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved Conceptual Grading and Drainage Plan. 2) A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3) A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. 4) The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of Building Permits. 5) A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 6) The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a Grading Permit. P334 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 6 7) If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 8) A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a Grading Permit. All reports shall be wet signed and sealed by the Engineer of Record. 9) It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a Grading Permit. 10) It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance letter(s) from adjacent downstream property owner(s) or discharge flows, in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance of a Grading Permit. 11) It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct walls on the property line or provide a detail(s) showing the perimeter wall(s) to be constructed off-set from the property line. 12) The Final Grading and Drainage Plan shall show the accessibility path from the public right-of-way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 13) The Grading and Drainage Plan shall Implement City Standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 14) All slopes shall be a minimum 2-foot off-set from the public right-of-way or adjacent private property. 15) Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. 16) Private streets for multifamily developments will include street plans as part of the Grading and Drainage Plan set. Plan view to show typical street sections. Profile view to show centerline and top-of-curb profiles. 17) The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the current adopted California Building Code. P335 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 7 18) Roof storm water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a Grading Permit. 19) The -final grading and drainage plan shall show existing topography a minimum of 100 feet beyond project boundary. 20) The applicant shall provide a grading agreement and grading bond for all combined cut and fill exceeding 5,000 cubic yards prior to issuance of a Grading Permit. The grading agreement and bond shall be approved by the Building and Safety Official. 21) This project shall comply with the accessibility requirements of the current adopted California Building Code. 22) The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit." 23) Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the Grading Permit may be subject to suspension by the Building Inspector. b) The grading contractor shall call into .the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: • The bottom of the over-excavation. • Completion of Rough Grading, prior to issuance of the Building Permit. • At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Services Department front counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record. c) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a Building Permit. P336 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 8 24) Prior to the issuance of the Certificate of Occupancy, the engineer of record shall certify the functionality of the storm Water Quality Management Plan (WQMP) Best Management Practices (BMP) devices. 25) The Water Quality Management Plan shall include a copy of the project Conditions of Approval. 26) The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection Wells) with the Facility ID Number assigned to the Building and Safety Official prior to issuance of the Grading Permit for any underground water quality management plan (WQMP) best management practices (BMPs). 27) An HCOC exists for the downstream receiving water. The downstream receiving water (Mill Creek, Prado Area) is experiencing significant degradation of its banks. The project shall implement a volume-based treatment control BMP (retention/detention facility) on each lot. The Storm Water Quality Management Plan and the grading plan must contain an appropriate volume based BMP prior to the issuance of a Grading Permit, 28) Prior to removing fences or walls along common lot lines, and prior to constructing walls along common lot lines, the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 29) Prior to the issuance of a Grading Permit the applicant shall provide to Building and Safety Services Director a copy of the City of Rancho Cucamonga's Memorandum of Agreement for Storm Water Quality Management Plan for review prior to recordation of the document. The Memorandum of Agreement for Storm Water Quality Management Plan shall be recorded prior to issuance of a Grading Permit. 30) The land owner shall provide an inspection report on a biennial basis for the underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 31) Off-site slope on property to the south is shaded, suggesting it will be partially graded with this tract. All off-site easements shall be obtained prior to the issuance of a Grading Permit. a) If there is an agreement with the adjacent property owner (Wal-mart), provide written documentation to that effect. b) If shaded portion of the slope will be constructed prior to development of the property to the south, the toe of the 2:1 slope that is 7 feet high in some places could create erosion issues that need to be acknowledged in the written private acceptance. P337 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 9 32) A Storm Water Quality Management Plan shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a Grading Permit, 33) An updated Water Quality Management Plan was not submitted for this review. The Water Quality Management Plan (WQMP) prepared by Madole and Associates Inc., dated August 10, 2012, has been reviewed and is deemed "Approved with Corrections." The following comments are required to be completed prior to issuance of a Grading Permit: Page Section Comments a-23 3.2 A response reads "The car wash discharge will flow into a waste clarifier." Please show the -locations of the car wash area and the clarifier on the WQMP BMP exhibit along with details of the proposed BMP. A-27 4.1.1 A reference is made to the manufacturers' recommendations. The City is required to make A-28- biennial inspections of ALL BMPs. It is time consuming to require City staff to look all over the WQMP to find inspection and maintenance requirements. List all manufacturers' recommendation in Section 4 of the WQMP document. A-27 4.1.1 Provide an inspection and maintenance schedule that can be followed by the operator of the facility A-28 and can be reviewed by City of Rancho Cucamonga staff on the required biennial inspections. This inspection and maintenance schedule must also be shown on the WQMP BMP exhibit. Please provide a full size (24-inch by 36-inch) conceptual landscape exhibit within the document as references are made to landscaping swales. - Building Department (Fire Services) FSC-2 Fire Flow 1) The required fire flow for this project is calculated as gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with California Fire Code Appendix, as adopted by the Fire District Ordinances. The required minimum fire flow for this project may be reduced by 50 percent when automatic fire sprinklers are installed. 2) Public fire hydrants located within the immediate vicinity of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. P338 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 10 3) Fire protection water supply plans are required for all projects that must extend the existing water supply to or onto the site. Building Permits will not be issued until the fire protection water supply plans are approved. 4) On all Site Plans to be submitted for review, show all fire hydrants located within 600 feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1) Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system (in accordance with the RCFPD Standard #5-10) must be obtained prior to submitting the overhead fire sprinkler system plans. Include a copy of the approved underground plans as reference with the overhead submittal. FSC-4 Requirements for Automatic Fire Sprinkler Systems 1) Automatic fire sprinklers shall be installed in buildings as required by the current editions of the California Building/Fire Code, the Rancho Cucamonga Fire Protection District Ordinance and/or any other applicable standards that require an approved automatic fire sprinkler system to be installed. FSC-5 Fire Alarm System & Sprinkler Monitoring 1) The current edition California Building/Fire Codes, the RCFPD Ordinance and Fire Alarm Standard 9-3 require the fire sprinkler systems to be monitored by a Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a Building Permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. Refer to the specified documents for the system requirements. FSC-6 Fire District Site Access 1) Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access - Fire Lanes Standard #5-1 and the current edition of California Fire Code for specific requirements. 2) Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2010 California Building Code, Fire and/or any other applicable standards. P339 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 11 3) A Knox Rapid Entry System is required in accordance to the RCFPD Residential Vehicular Gate Standard # 5-3 and the RCFPD Knox Box Installation Standard 5-9. 4) Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5) Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard#5-3. 6) Red curbing, pavement marking, and/or signage shall identify the fire lanes. A Site Plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to Building and Safety Services Department for review and approval. 7) Any approved mitigation measures must be clearly noted on the Site Plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to the Building and Safety Services Department for plan review. 8) There shall be a means of Fire Department access from the exterior walls of the buildings on to the roofs of all commercial, industrial, and multi-family residential structures with roofs less than 75 feet above the level of the fire access road in accordance to RCFPD Standard No.5-6. FSC-10 Occupancy and Hazard Control Permits 1) Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life. or property. a) Battery Systems b) Candles and open flames in public assemblies c) Compressed Gases d) Public Assembly e) Corrosives f) Flammable and Combustible Liquids g) Tents, Canopies and/or Air Supported Structures P34O PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 12 h) Liquefied Petroleum Gases i) LPG or Gas Fuel Vehicles in Assembly Buildings FSC-12 Hazardous Materials - Submittal to Fire Construction Services 1) Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2010 California Building, Fire, Mechanical, Plumbing, .Electrical Codes, RCFPD Ordinances and other implemented and/or adopted standards: FSC-13 Alternate Method Application 1) Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the review fee. FCS-14 Map Recordation 1) RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the Site Plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. 2) Reciprocal access agreement - Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building, or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the Fire District. 3) Reciprocal water covenant - Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non- exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the Fire District. 4) FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or#88-1 is required prior to the issuance of grading or Building Permits. P341 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 13 PRIOR TO ISSUANCE OF BUILDING PERMITS - Please complete the following prior to the issuance of any Building Permits: i 1) Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on- site (private) fire underground and water plans is required prior to any Building Permit issuance for any structure. on. the site. Private, on-site combination domestic and ;fire _ supply system ,must be:_ designed- in accordance with RCFPD Standards.- The:Building.&'Safety Division and Fire Construction Services will pe'Horm•plan checks and inspections. 2) All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 3) Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CVWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CVWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CVWD. Fire Construction Services must grant a clearance before lumber is dropped. 4) Construction Access and Fire Protection Water Supply: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14 feet, 6 inches above the finished surface of the road. Please refer to the RCFPD Standards No. 14-1 and 14-2 for the requirements specific to fire protection water supply and Fire Department access during construction. 5) Fire Flow: A current fire flow letter from CVWD must be received. The applicant is responsible for obtaining the fire flow information from CVWD and submitting the letter to Fire Construction Services. 6) Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino, PRIOR TO THE RELEASE OF TEMPORARY POWER 1) The building construction must be substantially completed in accordance with Fire Construction Services' 'Temporary Power Release Checklist and Procedures". P342 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 14 PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1) Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, 'Installation of Reflective Hydrant Markers." On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2)' Private• Fire .Hydrants: For the., purpose of final acceptance, a licensed sprinkler contractor; in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code, 3) Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4) Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5) Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6) Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested, and accepted by Fire Construction Services. 7) Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested, and accepted in accordance with RCFPD Standards by Fire Construction Services. 8) Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 9) The Covenants, Conditions, and Restrictions, the reciprocal agreement, and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the P343 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726—HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 15 required annual inspections and the maintenance of all required fire access roadways. 10) Address: Prior to the issuance of a Certificate of Occupancy, commercial and multi-family buildings shall post the building addresses, address monuments, site directories, directional signage, and suite designations in accordance to the RCFPD Multi-Family Residential Addressing Standard, 11) Hazardous Materials which require use permits from the Fire District must be in accordance to the conditions of the permit. 12) Confidential Business Occupancy Information`.' The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy tnformation`' form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 13) Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8-1/2-inch by 11-inch or 11-inch by 17-inch Site Plan of the site in accordance with RCFPD Standard No. 13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The Site Plan must be reviewed and accepted by the Fire Inspector. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113, Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) The project will comply with Global Climate Change Minimization Measure GCC-1 and incorporate the measures outlined in the Greenhouse Gas P344 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 16 Emissions and Global Climate Change Study (LSA, August 2012) and provide verification of compliance prior to approval of Building Permits. 5) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 6) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. . • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 7) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 8) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 9) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 11) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 12) Provide preferential parking to high occupancy vehicles and shuttle services. P345 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 17 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) ,Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 15) Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 16) All residential structures shall be required to incorporate high-efficiency/low- , polluting heating, air conditioning, appliances, and,water heaters. 17) All residential structures shall be required to incorporate thermal pane .windows and weather-stripping. 18) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. Biological Resources 1) The applicant shall perform a pre-construction burrowing owl survey 30 days prior to the'beginning of site grading. All survey recommendations shall be implemented and verified by a licensed biologist prior to a Grading Permit being issued. Cultural Resources 1) A Treatment and Disposition agreement shall be entered into between the Soboba Band and the applicant prior to a Grading Permit being issued. 2) An archeologist shall regularly monitor the project site during any grading activities. If any prehistoric archaeological resources are encountered before or during grading, the applicant shall take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. P346 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 18 • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center.for permanent archiving. 3) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full- time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. P347 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 19 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Greenhouse Gasses 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contactor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems P348 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 20 • Install solar or light emitting diodes (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the.infrastructure to deliver and use reclaimed water. • Design building'to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. Hydrology and Water Quality 1) Prior to issuance of Grading Permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. P349 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 21 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole & Associates, Inc. (September, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a . minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits. '7) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official for.approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices .(BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. B) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board, Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site excavation and grading on the site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. 3) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 4) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. P35O PLANNING COMMISSION RESOLUTION NO, 13-03 DRC2012-00726—HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 22 5) The construction contractor shall obtain the City's approval for its haul plan, with the planed haul truck routes avoiding residential areas to the extent feasible. The developer shall provide/install the following items (6-9) for the purposes of noise mitigation: 6) Along Church Street: A sound wall along the project's northwestern property line of the property with a minimum height of 8 feet above the pad elevation or along the perimeter of ground-floor patios of the multi-family building that can be a combination of berms and concrete masonry units. • A 5-foot high wall along the balcony/decks directly exposed to Church Street and within 83 feet of the Church Street centerline. The sound wall can be constructed with a combination of wood and Plexiglas, with no gaps. 7) Along Church Street: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Church Street with direct line of sight to Church Street traffic. 8) Along Mayten Avenue: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Mayten Avenue with direct line of sight to Mayten Avenue traffic. 9) Along Malaga Drive: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Malaga Drive with direct line of sight to Malaga Drive traffic. 10) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 11) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then P351 PLANNING COMMISSION RESOLUTION NO. 13-03 DRC2012-00726– HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 23 construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 12) The perimeter block wall shall be constructed as early as possible in first phase. 13) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA •_-'°.._ MSC BY: Frances Howdyshell, Chairman �— ATTEST: Candyce BQjnett, Sr. Planner 1, Candyce Burnett, Sr. Planner of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of January 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, MUNOZ ABSTAIN: COMMISSIONERS: NONE P352 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT M DRC2012-00727, SUBTT18856, DRC2012-00726, AND DRC2012-00759 SUBJECT: DEVELOPMENT REVIEW AND TENTATIVE TRACT MAP APPLICANT: HOMECOMING V AT TERRA VISTA, LLC ON THE SOUTH SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA LOCATION: DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN - APN: 0227-151-49 AND 50 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents,officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion,participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Tract No. 18856 is granted subject to the approval of DRC2012-00727. 3. Copies of the signed Planning Commission Resolutions of Approval Nos. 13-03, 13-04, 13-05, and 13-06,Standard Conditions,and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 4. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration-$ 2,206.25 X B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 1 Project Nos. DRC2012-00727, SUBTr18856,DRC2072-00726,AND DRC2012-00759 P353 Comoletion Date 2. Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval, No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, Development Code regulations, and the Terra Vista Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. ' 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. 9. Trash receptacle(s)are required and shall meet City standards. The final design, locations,and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 11. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. --- 2 P354 Project Nos. DRC2012-00727, SU13Tr16656, DRC2012-00726,AND DRC2012-00759 Completion Date 13. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners'Association are subject to the approval of the Planning and Engineering Services Department and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 14. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. 15. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 16. For multiple family development, a minimum of 125 cubic feet of exterior lockable storage space shall be.provided. 17. For, residential development, recreation area/facility shall be provided as required by the Development Code. --- D. Building Design 1. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of building permits. 2. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 3. For all residential development, provide conduit from each unit/lot and a pull box to connect to the street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB). Plans shall be submitted for Planning Director and Building Official review and approval prior to issuance of building permits. E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feetwide by 18 feet long. When aside of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 3 P355 Project Nos. DRC2012-00727, SUBTT18856, DRC2012-00726,AND DRC2012-00759 Completion Date 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, _/_/_ and exits shall be striped per City standards. 5. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. 6. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. F. Landscaping 1. A minimum of 50 trees per gross acre, comprised of the following sizes, shall be provided within the project: 5% -48-inch box or larger 5%-36-inch box or larger, 20%-24-inch box or larger, and 70% - 15-gallon. 2. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 3. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq.ft. of slope area, 1-gallon or larger size shrub per each 100 sq.ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 5. For multi-family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition,and shall receive regular pruning,fertilizing, mowing, and trimming. Any damaged,dead, diseased,or decaying plant material shall be replaced within 30 days from the date of damage. 6. The final design of the perimeter parkways,walls,landscaping,and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 7. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas,the design shall be coordinated with the Engineering Services Department. 4 Project Nos. DRC2012-00727, SUBTT18856, DRC2012-00726,AND DRC2012-00759 P356 Completion Date 9. Tree maintenance criteria shall be developed and submitted for Planning Director review and approval prior to issuance of building permits.These criteria shall encourage the natural growth characteristics of the selected tree species. 10. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping as defined in Ordinance 623 of the Rancho Cucamonga Municipal Code G. Environmental 1. A final acoustical report shall be submitted for Planning Director review and approval prior to the _/_/_ issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate,verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building &.Safety Department prior to final occupancy release of the affected homes 3. Mitigation measures are required for the project. The applicant is responsible for the cost of _/_/_ implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of$557 prior to the issuance of building permits,guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 4. In those instances requiring long term monitoring(i.e.) beyond final certificate of occupancy),the applicant shall provide a written monitoring and reporting program to the Planning Director prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. H. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval priorto the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) I. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; 5 P357 Project Nos. DRC2012-00727. SUBTr18856,DRC2012-00726,AND DRC2012-00759 Completion Date d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics,underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2012-00727, SUBTT18856, DRC2012-00726, and DRC2012-00759)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3 Contractors must show.proof of State and City licenses and Workers'Compensation coverage to _/_/_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. J. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(i.e., DRC2012-00727,SUBTT18856, DRC2012-00726,and DRC2012-00759). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition,the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. The applicant shall provide a copy of the School Fees receipt to the Building and Safety Department prior to permit issuance. 3. Prior to issuance of occupancy for a new residential project or major addition, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, and Transportation Development Fee. 4. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 5. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 6. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). K. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Roofing material shall be installed per the manufacturer's"high wind" instructions. 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 6 Project Nos. DRC2012-00727, SUBlT18656,DRC2012-00726,AND DRC2012-00759 P358 Completion Date 5. Provide draft stops in attics in line with common walls. 6. Roofing materials shall be Class"A." / 7. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 8. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. 9. If the area of habitable space above the first floor exceeds 3,000 square feet, then the construction type shall be V-1 Hour minimum. 10. Walls and floors separating dwelling units in the same building shall be not less than 1-hour fire-resistive construction. 11. Provide smoke and heat venting in accordance with CBC Section 906. / 12. Upon tenant improvement plan check submittal, additional requirements may be needed. L. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, _1_/_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. 2. Private drainage easements for cross-lot drainage shall be Provided and shall be delineated or noted on the final map. 3. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. 4. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the _/_/_ City. 7 Project Nos. DRC2012-00727, SU8TT16656,DRC2012-00726,AND DRC2012-00759 P359 Completion Date N. Street Improvements 1. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy,fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council,except:that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings,structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 2. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Church Street X X Mayten Avenue X X (e) X Malaga Drive X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees,street lights,and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. C. Pavement striping, marking,traffic signing, street name signing,traffic signal conduit,and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction _/_/_ project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer 8 Project Nos. DRC2012-00727, SUBTT18856, DRC2012-00726,AND DRC2012-00759 P360 Comoletion Date Notes: 1) Pull boxes shall be No.6 at intersections and No. 5 along streets,a maximum of 200 feet apart, unless otherwise specified by the City Engineer, 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. --- f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan _! check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Church Street Magnolia grandiflora NCN 3' 20'O.C. 15 Gal "St.Mary' Mayten Avenue Enobodrya deflexa Bronze Loquat Tree 3' 25'O.C. 15 Gal Malaga Drive Koelreuteria paniculata Goldenrain Tree 5' 35'O.C. 15 Gal Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting,an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. 6. Add the following note to any private landscape plans that show street trees: "All improvements within the public right-of-way, including street trees,shall be installed perthe public improvement plans." If there is a discrepancy between the public and private plans, the street improvement plans will govern. 9 P361 Project Nos. DRC2012-00727, SUBTT16656, DRC2012-00726,AND DRC2012-00759 Completion Date O. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting _/_/_ Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. P. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. --- Q. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 5. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility, The Rancho Cucamonga Municipal Utility shall be the electrical service providerfor all project related development. R. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City,covering the estimated operating costs for all new streetlights forthe first six months of operation, prior to final map approval or priorto building permit issuance if no map is involved. 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to the Building and Safety Services Department. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. 10 P362 Project Nos, DRC2012-00727, SUSTT18856, DRC2012-00726,AND DRC2012-00759 Completion Date APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: See Resolution 11 P363 RESOLUTION NO, 13-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT18856, A REQUEST TO SUBDIVIDE THE 19.25-ACRE PROJECT SITE FOR CONDOMINIUM PURPOSES FOR THE DEVELOPMENT OF A 306-UNIT RENTAL CONDOMINIUM DEVELOPMENT LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE MEDIUM HIGH DEVELOPMENT DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-151-49 AND 50 A. Recitals. 1. Homecoming V at Terra Vista, LLC filed an application for the approval of Tentative Tract Map SUBTT, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 28th day of November 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Rather than taking action on the application, the Planning Commission remanded the item to the Design Review Committee for further review. It was noted that the item would be re-advertised for a future Planning Commission hearing. 3. On the 9th day of January 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearings on December 12, 2012, and January 9, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 19.25-acre vacant project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive; and b. The site is within Medium-High Development District of the Terra Vista Community Plan and has a proposed density of 15.9 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre; and C. The site is bounded by a multi-family development to the north in the High (H) Residential Development District; a vacant lot to the south in the Community Commercial (CC) Development District; a senior housing development to the west in the Mixed Use (MHO) Development District; and a single-family residential development to the east in the Low Medium (LM) and Medium (M) Development District; and P364 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856— HOMECOMING VAT TERRA VISTA, LLC January 9, 2013 Page 2 d. The proposed development also includes an associated Development Review, DRC2012-00726 and Minor Exception DRC2012-00759. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and the Terra Vista community Plan; and C. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the P365 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 —HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 3 Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive,,.Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. . Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby.recommends to the City Council approval of the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the subdivision of 19.25 acres for the development of a 306-unit rental condominium project located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14 to24 dwelling units per acre) of the Terra Vista Community Plan -APN: 0227-151-49 and 50. 2) The approval of SUBTT18856 is subject to the approval by the City Council of General Plan Amendment DRC2012-00727 to change the land use designation of the from Mixed Use to Medium High. Engineering Department 1) Church Street frontage improvements to be in accordance with City "Secondary" standards as required and including: a) Protect existing curb, gutter, street lights, and landscaped median or repair as needed. b) Protect or provide R26(s) "No Stopping" signs along Church Avenue frontage as required. c) Protect or provide traffic striping and signage as required. d) Provide property line adjacent sidewalk and street trees per City Standards. e) Protect or modify the existing Traffic Signal facilities as required. 2) Mayten Avenue frontage improvements to be in accordance with the City "Secondary" standards as required and including: a) Protect the existing curb, gutter, street lights, or repair as needed. b) Protect or provide R26(s) "No Stopping" signs along Mayten Avenue frontage as required. c) Protect or provide additional traffic striping and signage as required. P366 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 4 d) Provide property line adjacent sidewalk, drive approach, and street trees per City Standards. 3) Malaga Drive frontage improvements to be in accordance with the City "Secondary" standards as required and including: a) Protect the existing curb,gutter, street lights or repair as needed. b) Protect or provide R26(s) "No Stopping" signs along Malaga Drive frontage as required. c) Protect or provide additional traffic striping and signage as required. d) Provide sidewalk 7 feet back of the curb, commercial drive approach, and street trees per City Standards. e) The sidewalk shall cross the drive approach at the 0" curb face. If necessary, provide a sidewalk easement. Median nose and any decorative pavement shall not encroach into the public right-of-way, including sidewalk easement. f) Extend the sidewalk in front of APN: 0227-151-42. g) Protect or modify the existing traffic signal facilities as required. 4) The drive entry on Malaga Drive is acceptable to the Engineering Department at a dimension of 20 feet by 8 feet by 20 feet. The developer is responsible to obtain clearance from the Fire District, 5) Verify the existing access ramps for conformance to the ADA requirements and to City Standard 102 at the southeast corner of Church Street and Mayten Avenue and. at the southwest corner of Church Street and Malaga Drive. Otherwise reconstruct access ramps to current City Standard 100-B and 102 and have a surface applied truncated dome detectable warning surface as supplied by ADA Solutions, Inc. or approved equal. 6) Install a traffic signal at the intersection of Mayten Avenue and Church Street. The developer shall receive credit against, and reimbursement of costs in excess of, the Transportation Development Fee in conformance with City policy. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 7) Revise Drawing 1940-D to add private storm connection. On-site drainage study will be reviewed by the Building and Safety Services Department, but a copy shall be provided to the Engineering Services Department as a referenced document. P367 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 5 Building Department (Grading) 1) Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2) A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at Grading and Drainage .Plan submittal for review. Plans shall implement design recommendations per said report. .3) A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan.review. 4) The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of Building Permits. 5) A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer, 6) The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a Grading Permit. 7) If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 8) A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a Grading Permit. All reports shall be wet signed and sealed by the Engineer of Record. 9) It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a Grading Permit. 10) It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance letter(s) from adjacent downstream property owner(s) or discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance of a Grading Permit. P368 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 6 11) It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct walls on the property line or provide a detail(s) showing the perimeter wall(s) to be constructed off-set from the.property line. 12) The Final Grading and Drainage Plan shall show the accessibility path from the public right-of-way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 13) The Grading and Drainage Plan shall Implement City Standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 14) All slopes shall be a minimum 2-foot off-set from the public right-of-way or adjacent private property. 15) Private sewer, water; and storm drain improvements will be designed per the latest adopted California Plumbing Code. 16) Private streets for multi-family developments will include street plans as part of the Grading and Drainage Plan set. Plan view to show typical street sections. Profile view to show centerline and top-of-curb profiles. 17) The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the current adopted California Building Code, 18) Roof storm water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior-to issuance of a Grading Permit. 19) The final grading and drainage plan shall show the existing topography a minimum of 100 feet beyond the project boundary. 20) The applicant shall provide a grading agreement and grading bond for all combined cut and fill exceeding 5,000 cubic yards prior to issuance of a Grading Permit. The grading agreement and bond shall be approved by the Building and Safety Official. 21) This project shall comply with the accessibility requirements of the current adopted California Building Code. 22) The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho Cucamonga handout 'Information for Grading Plans and Permit." P369 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 7 23) Grading Inspections: a) Prior to the start of the grading operations, the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading' contractor and the Building Inspector to discuss the grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the Grading Permit may be subject to suspension by the Building Inspector. b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: • The bottom of the over-excavation. • Completion of Rough Grading, prior to issuance of the Building Permit. • At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record. c) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a Building Permit. 24) Prior to the issuance of the Certificate of Occupancy the engineer of record shall certify the functionality of the storm Water Quality Management Plan (WQMP) Best Management Practices (BMP) devices. 25) The Water Quality Management Plan shall include a copy of the project Conditions of Approval. 26) The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection Wells) with the Facility ID Number assigned to the Building and Safety Official prior to issuance of the Grading Permit for any underground Water Quality Management Plan (WQMP) Best Management Practices (BMPs). 27) An HCOC exists for the downstream receiving water. The downstream receiving water (Mill Creek, Prado Area) is experiencing significant degradation of its banks. The project shall implement a volume-based treatment control BMP (retention/detention facility) on each lot. The Storm Water Quality Management Plan and the Grading Plan must contain an appropriate volume based BMP prior to the issuance of a Grading Permit. P370 PLANNING COMMISSION RESOLUTION NO, 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 8 28) Prior to removing fences or walls along common lot lines and prior to constructing walls along common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 29) Prior to the issuance of a Grading Permit the applicant shall provide to the Building and Safety Services Director a copy of the City of Rancho Cucamonga's Memorandum of Agreement for Storm Water Quality Management Plan for review prior to recordation of the document. The Memorandum of Agreement for Storm Water Quality Management.Plan shall be recorded prior to issuance of a Grading Permit. 30) The land owner shall provide an inspection report on a biennial basis for the underground infiltration chambers to the City of. .Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 31) Off-site slope on the property to the south is shaded, suggesting it will be partially graded with this tract. All off-site easements shall be obtained prior to scheduling the tentative map for Planning Commission approval: a) If there is an agreement with the adjacent property owner (Wal-mart), provide written documentation to that effect. b) If shaded portion of the slope will be constructed prior to development of the property to the south, the toe of the 2:1 slope that is 7 feet high in some places could create erosion issues that need to be acknowledged in the written private acceptance. 32) A Storm Water Quality Management Plan shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum.of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a Grading Permit. 33) An updated Water Quality Management Plan was not submitted for this review. The Water Quality Management Plan (WQMP) prepared by Madole and Associates Inc., dated August 10, 2012, has been reviewed and is deemed "Approved with Corrections'. The following comments are required to be completed prior to issuance of a Grading Permit: P371 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 9 page Section Comments A-23 3.2 A response reads "The car wash discharge will flow into a waste clarifier." Please show the locations of the car wash area and the clarifier on the WQMP BMP exhibit along with details of the proposed BMP. A-27 — 4.1.1 A reference is made to the manufacturers' recommendations. The City A-28 is required to make biennial inspections of ALL BMPs. It is time consuming to require City staff to look all over the WQMP to find inspection and maintenance requirements. List all manufacturers' recommendations in Section 4 of the WQMP document. A-27 — 4.1.1 Provide an inspection and maintenance schedule that can be followed A-28 by the operator of the facility and can be reviewed by City of Rancho Cucamonga staff on the required biennial inspections. This inspection and maintenance schedule must also be shown on the WQMP BMP exhibit. Please provide a full size (24-inch by 36-inch) conceptual landscape exhibit within the document as references are made to landscaping swales. Building Department (Fire Services) FSC-2 Fire Flow 1) The required fire flow for this project is calculated as gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with California Fire Code Appendix, as adopted by the Fire District Ordinances. The required minimum fire flow for this project may. be reduced by 50 percent when automatic fire sprinklers are installed. 2) Public fire hydrants located within the immediate vicinity of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on the adjacent property shall not be used to provide required fire flow. 3) Fire protection water supply plans are required for all projects that must extend the existing water supply to or onto the site. Building Permits will not be issued until the fire protection water supply plans are approved. 4) On all Site Plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. P372 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING VAT TERRA VISTA, LLC January 9, 2013 Page 10 FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1) Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications, and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system (in accordance with RCFPD Standard #5-1D) must be obtained prior to submitting the overhead fire sprinkler system plans. Include a copy of the approved underground plans as reference with the overhead submittal. FSC-4 Requirements for Automatic Fire Sprinkler Systems 1) Automatic fire sprinklers shall be installed in buildings as required by the current editions of the California Building/Fire Code, the Rancho Cucamonga Fire Protection District Ordinance and/or any other applicable standards that require an approved automatic fire sprinkler system to be installed. FSC-5 Fire Alarm System & Sprinkler Monitoring 1) The current edition California Building/Fire Codes, the RCFPD Ordinance, and Fire Alarm Standard 9-3 require the fire sprinkler systems to be monitored by a Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a Building Permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. Refer to the specified documents for the system requirements. FSC-6 Fire District Site Access .1). Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles, and/or designated fire lanes. Please reference the RCFPD Fire Department Access - Fire Lanes Standard #5-1 and the current edition of California Fire Code for specific requirements. 2) Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2010 California Building Code, Fire and/or any other applicable standards. 3) A Knox Rapid Entry System is required in accordance to the RCFPD Residential Vehicular Gate Standard # 5-3 and the RCFPD Knox Box Installation Standard 5-9. 4) Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5) Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #5-3. P373 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING VAT TERRA VISTA, LLC January 9, 2013 Page 11 6) Red curbing, pavement marking, and/or signage shall identify the fire lanes. A Site Plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to the Building and Safety Services Department for review and approval. 7) Any approved mitigation measures must be clearly noted on the Site Plan. A copy of_the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to Building and Safety Services Department for plan review. 8) There shall be a means of fire department access from the exterior walls of the buildings onto the roofs of all commercial, industrial, and multi-family residential structures with roofs less than 75 feet above the level of the fire access road.in accordance to RCFPD Standard#5-6. FSC-10 Occupancy and Hazard Control Permits 1) Listed are those Fire Code Permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. a) Battery Systems b) Candles and open flames in public assemblies c) Compressed Gases d) Public Assembly e) Corrosives f) Flammable and Combustible Liquids g) Tents, Canopies, and/or Air Supported Structures h) Liquefied Petroleum Gases i) LPG or Gas Fuel Vehicles in Assembly Buildings FSC-12 Hazardous Materials - Submittal to Fire Construction Services 1) Plans shall be submitted and approved prior to the construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2010 California Building, Fire, P374 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 12 Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances and other implemented and/or adopted standards. FSC-13 Alternate Method Application 1) Fire Construction Services staff and the Fire Marshal will review all requests for an alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the review fee. FCS-14 Map Recordation 1) RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the Site Plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. 2) Reciprocal access agreement - Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building, or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the Fire District. ° 3) Reciprocal water covenant - Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement- favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the Fire District. 4) FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or#88-1 is required prior to the issuance of Grading or Building Permits. PRIOR TO ISSUANCE OF BUILDING PERMITS - Please complete the following prior to the issuance of any Building Permits: 1) Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data, and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any P375 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING VAT TERRA VISTA, LLC January 9, 2013 Page 13 Building Permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building and Safety Services Department and Fire Construction Services will perform plan checks and inspections. 2) All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire Construction Services will inspect the installation, witness hydrant flushing, and grant a clearance before lumber is dropped. 3) Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the CVWD (Cucamonga Valley Water District). On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible framing materials to the site. The CVWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by the CVWD. Fire Construction Services must grant a clearance before lumber is dropped. 4) Construction Access and Fire Protection Water Supply: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14 feet, 6 inches above the finished surface of the road. Please refer to the RCFPD Standards No. 14-1 and 14-2 for the requirements specific to fire protection water supply and fire department access during construction. 5) Fire Flow: A current fire flow letter from CVWD must be received. The, applicant'is responsible for obtaining the fire flow information from CVWD and submitting the letter to Fire Construction Services. 6) Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER 1) The building construction must be substantially completed in accordance with Fire Construction Services' 'Temporary Power Release Checklist and Procedures." PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1) Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan P376 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 14 134, 'Installation of Reflective Hydrant Markers." On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2) Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3) Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s).shall be tested and accepted by Fire Construction Services. 4) Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested, and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5) Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested, and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6) Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested, and accepted by Fire Construction Services. 7).'';�- Access Control Gates: Prior to the_ issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested, and accepted in accordance with the RCFPD Standards by Fire Construction Services. 8) Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services, 9) The Covenants, Conditions and Restrictions, the reciprocal agreement, and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement, and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 10) Address: Prior to the issuance of a Certificate of Occupancy, commercial and multi-family buildings shall post the building addresses, address P377 PLANNING COMMISSION RESOLUTION NO, 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 15 monuments, site directories, directional signage, and suite designations in accordance to RCFPD Multi-Family Residential Addressing Standard. 11) Hazardous Materials which require use permits from the Fire District must be in accordance to the conditions of the permit. 12) Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business. Occupancy Information" form. This form provides contact information for Fire District use in.the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector.. 13) Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8-1/2-inch by 11-inch or 11-inch by 17-inch Site Plan of the site in accordance with RCFPD Standard No. 13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The Site Plan must be reviewed and accepted by the Fire Inspector. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) The project will comply with Global Climate Change Minimization Measure GCC-1 and incorporate the measures outlined in the Greenhouse Gas Emissions and Global Climate Change Study (LSA, August 2012) and provide verification of compliance prior to approval of Building Permits. 5) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. P378 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 16 6) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and.use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 7) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB)) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 8) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10.emissions. . 9) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 11) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 12) Provide preferential parking to high occupancy vehicles and shuttle services. 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. P379 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 17 15) Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 16) All residential structures shall be required to incorporate high- efficiency/low-polluting heating, air conditioning, appliances, and water heaters. . 17) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. 18) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. Biological Resources 1) The applicant shall perform a pre-construction burrowing owl survey 30 days prior to the beginning of site grading. All survey recommendations shall be implemented and verified by a licensed biologist prior to a Grading Permit being issued. Cultural Resources 1) A Treatment and Disposition agreement shall be entered into between the Soboba Band and the applicant prior to a Grading Permit being issued. 2) An archeologist shall regularly monitor the project site during any grading activities. If any prehistoric archaeological resources are encountered before or during grading, the applicant shall take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or P380 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 18 covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 3) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). •- Submit 'summary report to City of Rancho Cucamonga. . Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. P381 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 19 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Greenhouse Gasses 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contactor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8))' Design all" buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install solar or light emitting diodes (LED's) for outdoor lighting. P382 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBT718856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 20 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. Hydrology and Water Quality 1) Prior to issuance of Grading Permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control'on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. P383 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 21 5) The developer shall implement the EIMPs identified in the Water Quality Management Plan prepared by Madole &Associates, Inc. (September, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits. 7) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1)7 Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site excavation and grading on the site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. 3) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 4) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. P384 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 22 5) The construction contractor shall obtain the City's approval for its haul plan, with the planed haul truck routes avoiding residential areas to the extent feasible. The developer shall provide/install the following items (6-9) for the purposes of noise mitigation: 6) Along Church Street: • A sound wall along the northwestern property line of the project with a minimum height of 8 feet above the pad elevation or along the perimeter of ground-floor patios of the multi-family building that can be a combination of berms and concrete masonry units. • A 5-foot high wall along the balcony/decks directly exposed to Church Street and within 83 feet of the Church Street centerline. The sound wall can be constructed with a combination of wood and Plexiglas, with no gaps. 7) Along Church Street: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Church Street with direct line of sight to Church Street traffic. 8) Along Mayten Avenue: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Mayten Avenue with direct line of sight to Mayten Avenue traffic. 9)'; 'Along Malaga Drive: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Malaga Drive with direct line of sight to Malaga Drive traffic. 10) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, 11) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the P385 PLANNING COMMISSION RESOLUTION NO. 13-04 SUBTT18856— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 23 above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 12) The perimeter block wall shall be constructed as early as possible in first phase. 13) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include-appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: `'�A� N'p J n Frances Howdyshell, Chairman l -J ATTEST: Candy Burnett, Senior Planner I, Candyce Burnett, Senior Planner of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of January 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, MUNOZ ABSTAIN: COMMISSIONERS: NONE P386 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2012-00727, SUBTT18856, DRC2012-00726, AND DRC2012-00759 SUBJECT: DEVELOPMENT REVIEW AND TENTATIVE TRACT MAP APPLICANT: HOMECOMING V AT TERRA VISTA, LLC ON THE SOUTH SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA LOCATION: DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN - APN: 0227-151-49 AND 50 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _I_I_ agents,officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Tract No. 18856 is granted subject to the approval of DRC2012-'00727. 3. Copies of the signed Planning Commission Resolutions of Approval Nos. 13-03, 13-04, 13-05, and 13-06,Standard Conditions,and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 4. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration -$ 2,206.25 X B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 1 Project Nos. DRC2072-00727, SUBTT18856,DRC2012-00726,AND DRC2012-00759 P387 Completion Date 2. Development/Design Review approval shall expire if building permits are not issued or approved _/_/_ use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Terra Vista Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with / all receptacles shielded from public view. --- 9. Trash receptacle(s)are required and shall meet City standards. The final design, locations,and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 11. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 2 P388 Project Nos. DRC2012-00727, SUBTT18856, DRC2012-00726.AND DRC2012-00759 Completion Date 13. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners'Association are subject to the approval of the Planning and Engineering Services Department and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 14. All parkways, open areas, and landscaping shall be permanently maintained by the property owner,homeowners'association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. 15. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall _/_/_ condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail,all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 16. For multiple family development,a minimum of 125 cubic feet of exterior lockable storage space shall be provided. 17. For residential development, recreation area/facility shall be provided as required by the _/_/_ Development Code. D. Building Design 1. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of building permits. 2. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building.,Details shall be included in building„ plans. 3. For all residential development, provide conduit from each unit/lot and a pull box to connect to the street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB). Plans shall be submitted for Planning Director and Building Official review and approval prior to issuance of building permits. E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 3 Project Nos. DRC2012-00727, SUBTT18856, DRC2012-00726,AND DRC2012-00759 P389 completion Date 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, and exits shall be striped per City standards. -- 5. All units shall be provided with garage door openers if driveways are less than 18 feet in depth / from back of sidewalk. --- 6. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into.the public right-of-way. F. Landscaping 1. A minimum of 50 trees per gross acre, comprised of the following sizes,shall be provided within the project: 5%-48-inch box or larger 5% - 36-inch box or larger, 20%-24-inch box or larger, and 70% - 15-gallon. 2. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _!_/ stalls. 3. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 _/_/_ slope,shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq.ft.of slope area, 1-gallon or larger size shrub per each 100 sq.ft.of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 5. For multi-family residential and non-residential development,property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All.landscaped areas shall be kept free from weeds.and debris and maintained in healthy and thriving condition,and shall receive regular pruning,fertilizing,mowing, and trimming. Any damaged,dead,diseased,or decaying plant material shall be replaced within 30 days from the date of damage. 6. The final design of the perimeter parkways,walls, landscaping,and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 7. Landscaping and irrigation systems required to be installed within the public right-of-way on the _/_/_ perimeter of this project area shall be continuously maintained by the developer. . 8. All walls shall be provided with decorative treatment. If located in public maintenance areas,the design shall be coordinated with the Engineering Services Department. 4 P390 Project Nos. DRC2012-00727, SUBTT18856, DRC2012-00726,AND DRC2012-00759 Completion Date 9. Tree maintenance criteria shall be developed and submitted for Planning Director review and approval prior to issuance of building permits.These criteria shall encourage the natural growth characteristics of the selected tree species. 10. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping as defined in Ordinance 823 of the Rancho Cucamonga Municipal Code G. Environmental 1. A final acoustical report shall be submitted for Planning Director review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate,verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes. 3. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit,or other forms of guarantee acceptable to the Planning Director in the amount of$557 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 4. In those instances requiring long term monitoring(i.e.) beyond final certificate of occupancy),the applicant shall provide a written monitoring and reporting program to the Planning Director prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. H. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval priorto the-issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) 1. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan, 5 P391 Project Nos. DRC2012-00727, SUBTT18856, DRC2012-00726,AND DRC2012-00759 Completion Dale d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g. Planning Department Project Number (i.e., DRC2012-00727, SUBTT18856, DRC2012-00726, and DRC2012-00759) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. J. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_!_ marked with the project file number(i,e., DRC2012-00727,SUBTT18856, DRC2012-00726,and DRC2012-00759). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition,the applicant shall pay development fees at the established rate. Such fees may include,but are not limited to: Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. The applicant shall provide a copy of the School Fees receipt to the Building and Safety Department prior to permit issuance. 3. Prior to issuance of occupancy for a new residential project or major addition,the applicant shall pay development fees at the established rate. Such fees may include,but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, and Transportation Development Fee, 4. Street addresses shall be provided by the Building and Safety Official after tract/parcel.map recordation and prior to issuance of building permits. 5. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 6. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). K. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_!_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Roofing material shall be installed per the manufacturer's"high wind" instructions. 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505. 6 P392 Project Nos. DRC2012-00727, SUBTT16856, DRC2012-00726,AND DRC2012-00759 Completion Date 5. Provide draft stops in attics in line with common walls. 6. Roofing materials shall be Class "A." 7. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 8 Openings in exterior walls shall be protected in accordance with CBC Table 5-A. 9. If the area of habitable space above the first floor exceeds 3,000 square feet, then the / construction type shall be V-1 Hour minimum. --- 10. Walls and floors separating dwelling units in the same building shall be not less than 1-hour / fire-resistive construction. --- 11. Provide smoke and heat venting in accordance with CBC Section 906. 12. Upon tenant improvement plan check submittal, additional requirements may be needed. L. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading _/_/_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. -- 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. --- 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: See Resolution APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: See Resolution 7 P393 City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION h3" The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Environmental Assessment and General Plan Amendment DRC2012-00727, Development Design Review DRC2012-00726,Tentative Tract Map SUBTT18856,and Minor Exception DRC2012-00759 Public Review Period Closes: November 28, 2012 Project Name: Project Applicant: Homecoming V at Terra Vista, LLC Project Location (also see attached map): Located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50. Project Description: A request to change the General Plan land use designation from Mixed-Use to Medium High Residential, subdivide a 19.25-acre site for the consideration of a Site Plan and architectural review of a 306-unit rental condominium development, and to allow a 2-foot increase in wall height for purposes of reducing on-site noise. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated'Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. January 9, 2013 � ,�� � --� Date of Determination Adopted By P394 RESOLUTION NO. 13-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR EXCEPTION DRC2012-00759,'A REQUEST TO INCREASE THE PERMITTED WALL HEIGHT FROM 6 FEET TO 8 FEET RELATED TO THE DEVELOPMENT OF A 306-UNIT RENTAL CONDOMINIUM DEVELOPMENT ON 19.25 ACRES LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE MEDIUM HIGH DEVELOPMENT DISTRICT (14 TO 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-151-49 AND 50 A. Recitals. 1. Homecoming V at Terra Vista, LLC filed an application for the approval of Minor Exception DRC2012-00759, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 28th day of November 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Rather than taking action on the application, the Planning Commission remanded the item to the Design Review Committee for further review. It was noted that the item would be re-advertised for a future Planning Commission hearing. 3. On the 9th day of January 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby.specifically finds that all of the facts set forth in the Recitals„Part.A, . of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearings on November 28, 2012, and January 13, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 19.25-acre vacant project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive; and b. The site is within the Medium High Development District of the Terra Vista Community Plan and has a proposed density of 15.9 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre; and C. The site is bounded by a multi-family development to the north in the High (H) Residential Development District; a vacant lot to the south in the Community Commercial (CC) Development District; a senior housing development to the west in the Mixed Use (MHO) Development District; and a single-family residential development to the east in the Low Medium (LM) and Medium (M) Development District; and P395 PLANNING COMMISSION RESOLUTION NO. 13-06 DRC2012-00759— HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 2 d. The development is made up of 306 rental condominium units; and e. The applicant filed a Minor Exception (DRC2012-00759) for an additional 2 feet of wall height above the maximum 6 feet permitted by the Development Code. The additional wall height is necessary due to a grade difference between the public right-of-way and the project site and to comply with the recommendations made in the Noise Impact Study; and f. The proposed development also includes an associated Development Review (DRC2012-00726) and subdivision, (SUBTT18856). 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries. In that the without the additional wall height, the residents would be subjected,to noise levels in excess of City's noise standards. b. That the proposed development is compatible with the existing and proposed land uses in the surrounding area. In that the additional wall height as seen from the public right-of-way will not be taller that wall heights in the surrounding area. c. -. - That any exception to or deviations from the density, requirements, or design standards result in the creation'of project amenities that would not be available through strict adherence to Code provision. In that it is a common feature to have property line walls around multi-family developments and to allow walls over the 6-foot height limit where on-site grades and elevated noise conditions necessitate the additional wall height. d. That granting the Minor Exception will not adversely affect the interest of the public or interest of the residents and property owners in the vicinity of the premises in question. In that the additional wall height will be most visible to the future residents of the project site and will only have 6-foot of wall height visible as seen from the public right-of-way. e. That the Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. In that the General Plan and the Terra Vista Community Plan provide flexibility to the regulations where the site conditions cannot otherwise be mitigated. f. That the exception is the minimum required, in that it allows the specified improvement or development to occur, but does not provide additional development rights. In that the additional wall height is the minimum necessary to address the grade change between the project site and the public right-of way and the elevated noise conditions. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: P396 PLANNING COMMISSION RESOLUTION NO. 13-06 DRC2012-00759 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 3 a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA' and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning, Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and'all other.rriaterials which'constitute the record of proceedings upon`which.the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends to the City Council approval of the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is to allow perimeter walls up to 8 feet tall related to the development of a 306-unit rental condominium project on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan -APN: 0227-151-49 and 50. 2) The approval of DRC2012-00759 is subject to approval by the Planning Commission of Development Review DRC2012-00726 and Tentative Tract Map SUBTT18856 and the approval by the City Council of General Plan Amendment DRC2012-00727. P397 PLANNING COMMISSION RESOLUTION NO. 13-06 DRC2012-00759 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 4 3) All perimeter walls and metal fences exposed to public view shall be decorative and include a decorative pilaster at each change in direction of either the wall or metal fence. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman �1 ATTEST: Candyc urne , Senior Planner I, Candyce .Burnett, Senior Planner of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by 'the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of January 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, MUNOZ ABSTAIN: COMMISSIONERS: NONE P398 MINUTES OF THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA MEETINGS OF THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION JANUARY 9, 2013 — 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California L CALL TO ORDER Pledge of Allegiance 7:00 PM Roll Call Chairman Howdyshell A Vice Chairman Fletcher x Munoz A Wimberly X Oaxaca X Additional Staff Present. Candyce Burnett, Senior Planner;Donald Granger, Senior Planner, Jeff Bloom, Deputy City ManageNEconomic and Community Development, Steven Flower, Assistant City Attorney; Steve Fowler, Assistant Planner;Dan James, Senior Civil Engineer,Lois Schrader, Planning Commission Secretary;Tabe van der Zwaa , Associate Planner. II. PUBLIC COMMUNICATIONS Ed Dietl and Luana Hernandez of HPARC asked to delay the demolition of the Chinatown House. They mentioned that a delegation was here to speak regarding the request and preservation of the house and the role of Chinese Americans in our community. A delegation of 10 individuals representing the Chinese American Cultural Alliance(CACA), the Chinese Historical Society of Southern California, and the Asian & Pacific Islander Americans in Historic Preservation (APIAHIP) spoke regarding their request to delay the demolition of the Chinatown House to explore possible alternatives such as relocation, temporary stabilization, and preservation. They noted the structure represents an important part of their heritage and is integral to the history of the area with respect to the construction of the water system and local agriculture. They said it is the last remaining Chinatown structure in the Inland Empire and it is unique in that the structure was built with materials locally available. The speakers and their general comments are listed below: EXHIBIT D P399 HISTORIC PRESERVATION AND PLANNING COMMISSION MINUTES RANCHO JANUARY 9, 2013 CUCAMONGA Page 2 Eugene Moy, VP of the Chinese Historical Society of California said this is a threat to last remaining structure of all Southern California Chinatowns which supported workers who contributed to the wealth/growth of the area. He said the technical problems could be resolved and time could allow for a plan to preserve and restore this historical resource. Pamela Langmak stated her family has been in the area since 1864 and George Day was her uncle and she heard many historical stones over the years. She said she would like to save and restore the structure as we are losing our national history. Beth Langmak said she lives near the structure and she too heard stories of the Chinese Americans contribution. She said the local children learned local history of our area by hearing about this structure. Paul Perez a member of the Chinese American Citizens Alliance(CACA)and several other organizations said he believes in the goals and mission statement of many organizations and in the community service performed. He said he tries to help instill pride and patriotism in the youth and a byproduct is less crime. He said he wants to save the structure and what it represents. He said much can be done when we work together and he wants to do what is reasonable and prudent in terms of preservation efforts. He said.a plaque will not have the same impact. Vincent Trang said he is part of the Los Angeles Chapter of the CACA. He asked to delay the demolition and save the Chinese American heritage. Albert, a member of the Los Angeles Chapter of the CACA said this structure is the remaining sole presence of Chinese Americans in the Inland Empire. He noted the hardships of the Chinese that were in the area. William Tao, said if the structure is destroyed, what remains of Chinese Americans'presence in the area will be gone;it is the symbol of American spirit. He noted the show, "Things That Are Not Here Anymore"and how the removal of the structure also removes the connection to the past and the presence of the Chinese Americans and their contributions to the agriculture of the area. He said the structure is unique in the use of natural building materials. He asked to delay demolition to look for alternatives. Miriam Nakamura Kwan said she is a Japanese-Chinese-Korean and is involved in various groups. She said she tries to find every Chinatown when she is traveling. She said she disagrees with CVWD's determination of the structure not having significance. She said the artifacts found on the site are housed at the John Rains House. She asked for time for them to figure out what to do. Christina Park said she is a graduate student of USC's Historic Preservation program. She suggested the building could be relocated and given temporary stabilization until other forms of preservation could occur under CEQA. (no name given) said she grew up in a large family in Alhambra. She said she has attended prestigious schools and she has a PHD in Educational/Psychology Leadership and she received her education because she was given opportunities to learn about whom they are and their heritage. She said it is not just about preservation of the structure but what it symbolizes. She said"history is born"and we preserve to have a place to see, feel, and touch. She said when she visits sites with only a plaque; it is difficult to connect with the significance of the site. Steven Flower, Assistant City Attorney said the Planning Commission cannot legally address items not on the agenda and therefore they could only receive their comments tonight. P400 t HISTORIC PRESERVATION AND PLANNING COMMISSION MINUTES RANCHO JANUARY 9, 2013 �',,UCAMONGA Page 3 III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION Approval of minutes dated December 12, 2012 Continued to January 23, 2013 3-0-2 (Howdyshell, Munoz absent) IV. CONSENT CALENDAR/PLANNING COMMISSION Approval of minutes dated December 12, 2012 Continued to January 23, 2013 3-0-2 (Howd shell, Munoz absent) V. DIRECTOR'S REPORTS/PLANNING COMMISSION A. UPDATE ON DEVELOPMENT CODE AMENDMENT DRC2012-00156 Candyce Burnett, Senior Planner gave an oral update.. The report was received and filed, VI: PUBTrIC HEARINGS7PLANNING-COMMISSION ; The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. B. DEVELOPMENT REVIEW DRC2012-00616-CHARLES JOSEPH ASSOCIATES -The design review of detailed Site Plan, modifications to buildings A, H and J to include roof-mounted solar panels, and covered recreational vehicle parking canopies with roof-mounted solar panels for Phase I of a previously approved recreational vehicle storage facility on 9.87 acres of land in the in the Low Residential District (2-4 dwelling units per acre) within the Etiwanda Specific Plan, located at the southwest corner of the eastbound 1-210 and southbound 1-15 interchange at 13670 Victoria Street - APN: 0228-011-31, Related Files: Conditional Use Permit DRC2003- 00048, Conditional Use Permit DRC2008-00204 and Conditional Use Permit DRC2012-00618. On April 14, 2004 a Mitigated Negative Declaration was adopted by the Planning Commission for Conditional Use Permit DRC2003-00048 (Phase 1). The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration (Section 15162). C. CONDITIONAL USE PERMIT DRC2012-00618-CHARLES JOSEPH ASSOCIATES-A request to modify the conditions of approval for Conditional Use Permit DRC2003-00048 to permit changes to the Site Plan, modifications to buildings A, H and J to include roof-mounted solar P401 lil�rHISTORIC PRESERVATION AND PLANNING COMMISSION MINUTES RANCHO JANUARY 9, 2013 CUCAMONGA Page 4 panels, and covered recreational vehicle parking canopies with roof-mounted solar panels for Phase l for a previously approved recreational vehicle storage facility on 9.87 acres of land in the in the Low Residential District (2-4 dwelling units per acre) within the Etiwanda Specific Plan, located at the southwest corner of the eastbound 1 -210 and southbound 1-15 interchange at 13670 Victoria Street - APN: 0228-011-31. Related Files: Conditional Use Permit DRC2003- 00048, Conditional Use Permit DRC2008-00204 and Development Review DRC2012-00616. On April 14, 2004 a Mitigated Negative Declaration was adopted by the Planning Commission for Conditional Use Permit DRC2003-00048 (Phase 1). The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration (Section 15162). Donald Granger,.Senior Planner, presented the staff report and a brief PowerPoint presentation (copy on file). Chuck Buquet, Charles Joseph Associates said they changed the zoning of the site and the access point.He said it is important to recharge our resources by using sustainable methods. 'He said he concurs with the conditions. Vice Chairman Fletcher opened the public hear,ing: Letha Elsden, a nearby resident,said it is a great project. She said her issue is that the extenorlighting on the site shines into the second floor of their home.. She said the property owners have installed shields that help. She- came today to see what the solar canopies look like. She said she would like to reduce the exterior lighting and address possible glare from the solar panels. She said the project serves as a good wind block. Vice Chairman Fletcher closed the public hearing. Chuck Buquet responded that his client will follow up on the light shields and will be responsive. Commissioner Wimberly said the project is nice and already in place. He said the DRC worked with the applicant to ensure the lighting would not be a problem. He said the canopies are lowered to address glare. He said it should be a good completed project. Commissioner Oaxaca said he saw the proposal at DRC and appreciated the client's willingness to think beyond with solar panels and to have sensitivity to their neighbors. He said he-hopes for more projects with sustainable features. Vice Chairman Fletcher agreed with all the comments and complimented staff on the report. He said the applicant should have a good response in the market. Moved by Oaxaca, seconded by Wimberly carried 3-0-2(Howdyshell, Munoz absent)to approve the Resolutions of Approval for Development Review DRC2012-00616 and Conditional Use Permit DRC2012-00618. D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/DESIGN REVIEW-DRC2012-00726 - HOMECOMING V AT TERRA VISTA, LLC -Site plan and architectural review of a 306 unit P402 HISTORIC PRESERVATION AND PLANNING COMMISSION MINUTES RANCHO JANUARY 9, 2013 CUCAMONGA Page 5 rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District(14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan-APN: 0227-151-49 and 50. Related Cases: Tentative Tract Map SUBTT18856, General Plan Amendment DRC2012-00727 and Minor Exception DRC2012-00759. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18856 - HOMECOMING VAT TERRA VISTA, LLC-A request to subdivide the 19.25 acre project site for condominium purposes for the development of a 306 unit rental condominium development located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50. Related Cases: Development/Design Review DRC2012-00726, General Plan Amendment DRC2012 700727 and Minor Exception DRC2012-, 00759. Staff has prepared a Mitigated Negative Declaration.of the environmental impacts for consideration. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration F. ENVIRONMENTAL ASSESSENT AND GENERAL PLAN AMENDMENT DRC2012-00727 - HOMECOMING VAT TERRA VISTA, LLC-A request to change the land use designation from Mixed-Use to Medium High Residential for 19.25 acres located on the side of Church Street between Mayten Avenue and Malaga Drive within the Terra Vista Community Plan-APN: 0227- 151-49 and 50. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. G. MINOR EXCEPTION DRC2012-00759- HOMECOMING V AT TERRA VISTA, LLC-A request to increase the permitted wall heights from 6 to 8 feet related to the development of a 306 unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District(14-24. Dwelling Units Per Acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50. Tabe van der Zwaag, Associate Planner, presented the staff report and gave a brief PowerPoint presentation (copy on file). He noted that the standard conditons have been amended and have been placed before the Commissioners for their consideration. He said a letter was received from the Department of Transportation, District 8 and a response to that letter was received from LSA. Staff believes LSA has appropriately addressed the issues. A letter was also received from a resident regarding Homecoming tenants parking in the surrounding neighborhood. John Young gave a PowerPoint presentation. Rick Polhamus, the landscape architect said the site is developed around a central core/main street. He said it- has a pedestrian trail system that connects to the prior development phase located across the street. Bryan Sevy, KTGY Architects commented on the enhancements made since their meetings with the DRC.. P403 HISTORIC PRESERVATION AND PLANNING COMMISSION MINUTES RANCHO JANUARY 9, 2013 CUCAMONGA Page 6 Commissioner Oaxaca asked for the applicant to comment on the email received regarding the parking. Mr. Young said they look to law enforcement to enforce parking but to his knowledge they always have parking available. He said more parking is now required and they are pleased to exceed the City code by 25 spaces. Vice Chairman Fletcher opened the public hearing. Seeing and hearing none, Vice Chairman Fletcher closed the public hearing. Commissioner Wimberly thanked the applicant and staff working together to meet all the requirements and the concerns of the DRC. He said his concern was 360 degree design and he is pleased they followed through as requested. Commissioner Oaxaca agreed. He said he walked through it with the. Lewis team prior to'DRC: He said he appreciatde their efforts and look forward to its completion. Vice Chairman Fletcher also thanked staff for the report and applicants work. He said he likes the'project and it has exceptional amenities. He said it is developed,at a lower density than what could have been allowed and exceeds the parking requirement. He said there was concern about the articulation of wall planes but overall it is in context with the development;it has elegant simple lines. He said it will probably have the same success as the Santa Barbara project. Moved by Wimberly, seconded by Oaxaca, carried 3-0-2(Howdyshell, Munoz absent)to approve the Resolutions of Approval for Development Review DRC2012-00726, Tentative Tract Map SUB TT18856 and Minor Exception DRC2012-00759 with amended conditions. The Commission recommended approval of General Plan Amendment DRC2012-00727 to be forwarded to the City Council for final action. H. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18823-JONATHAN C. CURTIS - A request to subdivide three parcels into 19 single family residential lots and two lettered lots on 12.93 acres of land in the Very Low Residential (VL) District of the Etiwanda North Specific Plan, located on the west side of Wardman Bullock Road south and east of Blue Sky Court - APN: 0226-081-15, 16 & 17. Related Files: Minor Exception DRC2012-00513 and Variance DRC2012-00135. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. I. VARIANCE DRC2012-00135 - JONATHAN C. CURTIS - A request to reduce the minimum lot depth from 150 feet to 124 feet on proposed Lot 9 of Tentative Tract Map 18823, located on the west side of Wardman Bullock Road, south and east of Blue Sky Court-APN: 0226-081-15, 16 & 17. J. MINOR EXCEPTION DRC2012-00513-TREVEAR HOLDINGS LLC -A request to allow for an 8-foot tall wall on Lot 2 within Tentative Tract 18823 for compliance with the proposed Fire Protection Plan on 12.93 acres of land in the Very Low Residential (VL) District of the Etiwanda North Specific Plan, located on the west side of Wardman Bullock Road, south and east of Blue P404 HISTORIC PRESERVATION AND ` PLANNING COMMISSION MINUTES RANCHO JANUARY 9, 2013 CUCAMONGA Page 7 Sky court-APN: 0226-081-15, 16 & 17. Related Files: Tentative Tract Map SUBTT18823 and Variance DRC2012-00135. Steve Fowler, Assistant Planner, said staff received a letter from the County Department of Public Works with comments on the CEQA Documents. He said in light of the comments, staff is requesting a continuance to the January 23, 2013 meeting. Vice Chairman Fletcher opened the public hearing for those that may be unable to attend the January 23, 2013 meeing. Hearing none he asked for a motion. Moved by Wimberly, seconded by Oaxaca carried 3-0-2(Howdyshell, Munoz absent) to continue the hearing for Tentative Tract Map 18823, Variance DRC2012-00135 and Minor Exception DRC2012-00513 as requested to January 23, 2013. K. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18741 - CENTEX HOMES-A residential subdivision of 53 single-family lots on 40.12 acres of land in the Very Low Residential district of the Etiwanda North Specific Plan, located at the northwest corner of Wilson Avenue and Wardman Bullock Road-APN:0226-081-05 and 06. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Steve Fowler, Assistant Planner noted a letter from the County Department of Public Works and comments on the CEQA Documents. He said in light of the comments, staff is requesting a continuance to the January 23, 2013 meeting. Vice Chairman Fletcher opened the public heating for those that may be unable to attend the January 23, 2013 meeing. Hearing none he asked for a motion. Moved by Wimberly, seconded by Oaxaca carried 3-0-2(Howdyshell, Munoz absent)to continue the hearing for Tentative Tract Map SUBTT18741 to the January 23, 2013 meeting. VII. COMMISSION CONCERWHISTORIC PRESERVATION AND PLANNING COMMISSION Commissioner Oaxaca requested an update report from staff regarding the Chinatown House if any new information is received from CVWD or if the Fire District has an interest or comment. Commissioner Wimberly asked for staff to comment regarding the deadlines with the Red Tag and permit pulling. Candyce Burnett, Senior Planner said they have 60 days to comply, they can request an extension,as yet they have not requested the permit. She said they still have to submit documentation items for review prior to that. Vice Chairman Fletcher said he also wants a report regarding the Chinatown House. He asked if staff could delay the permit so more time for comment can occur. He said it is unfortunate these groups did not get involved before this and suggested they may be able to get together as a group to assist in funding it and move it for a P405 HISTORIC PRESERVATION AND PLANNING COMMISSION MINUTES RANCHO JANUARY 9, 2013 CUCAMONGA Page 8 satisfactory solution for all. He said the Planning Commission has never been invited or had the opportunity to tour it. Steven Flower, Assistant City Attorney said it is Red Tagged now and is an unsafe structure. VIII. ADJOURNMENT 8:30PM P406 General Plan Amendment-Homecoming at Phase 5 We are requesting a General Plan Amendment to the Land Use Element for APNs 0227-151-49 and 50. These two parcels are currently designated as Mixed Use #7-Foothill Blvd. & Mayten Ave., which we request be modified back to Medium High Residential. This would bring the Terra Vista Community Plans and current Zoning Map into conformance, as they currently conflict with the General Plan and have already assigned these parcels a Medium High Residential designation. We believe the circumstances surrounding the site have driven the optimal use for the land from Mixed Use to Medium High Residential, including factors such as: • Operations: The parcels' adjacency to the Homecoming at Terra Vista multifamily community allows us to combine the new development with Homecoming to leverage Homecoming's best-in-class amenity scope, brand recognition, senior staff, and volume of prospect traffic. All of these drivers are critical to the successful development, lease- up, and ongoing operation of the Phase 5 project. • Gating:; Our,renters have repeatedly told us in numerous focus groups that they require gated communities, to the extent that we have only developed gated communities over the last 10 years. This design necessity is in conflict with some of the descriptive text included in MU #7's write-up. • Physical Constraints: The undeveloped retail component on the southern border of our project has grading constraints (i.e. visibility from Foothill, controlling shopping carts, etc.) that have forced it to tie its pads to Foothill; meanwhile, our own project is required to tie to Church. These grading conflicts have been resolved by a slope dividing the two developments that reaches heights greater than 15'. This solution creates two optimized, separated developments; however, the pedestrian and automobile connectivity described as connecting the residential and commercial areas will have to occur along Mayten Boulevard, as opposed to being solved interior to the two developments. General Plan Amendment-Legal Description "Being a subdivision of all of Parcel 12 of Parcel Map No. 14022, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 334, Pages 100 through 104 of Parcel Maps, in the office of the County Recorder of said County."' EXHIBIT E P407 RESOLUTION NO. 13-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT DRC2012-00727, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM MIXED USE TO MEDIUM HIGH RESIDENTIAL FOR 19.25 ACRES LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-151-49 AND 50. A. Recitals. 1. Homecoming V at Terra Vista, LLC filed an application for the approval of General Plan Amendment DRC2012-00727, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 9th day of January 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval by the City Council. 3. . _. On the 6th day of February 2013, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the meeting to February 20, 2013, to allow time for the item to be re-advertised. 4. On the 20th day of February 2013, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearings on February 20, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 19.25-acre vacant project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive; and b. The applicant proposes the development of a 306-unit market-rate rental condominium on the project site; and C. The site is within the Medium High Development District of the Terra Vista Community Plan and has a proposed density of 15.9 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre; and d. The site is bounded by a multi-family development to the north in the High (H) Residential Development District; a vacant lot to the south in the Community Commercial (CC) P408 CITY COUNCIL RESOLUTION NO. 13-014 DRC2012-00727— HOMECOMING V AT TERRA VISTA, LLC February 20, 2013 Page 2 Development District; a senior housing development to the west in the Mixed Use (MHO) Development District; and, a single-family residential development to the east in the Low Medium (LM) and Medium (M) Development District; and e. The applicant requests to amend the General Plan in order to change the land use designation from Mixed Use to Medium High Residential, in line with the Terra Vista Community Plan; and f. The General Plan development designation for the project site was changed from Medium High (MH) Residential to Mixed Use (MU) with the 2010 General Plan Update. As part of the 2010 Update, the City identified large vacant parcels along Foothill Boulevard as potential mixed use sites in order to encourage the creation of transit oriented developments; and g. . The applicantrecentlypurchased the existing residentially zoned portion of the site.in '.'. . order to develop a multi-family project in conformance with the Terra Vista Community Plan., They,do not wish to-develop an integrated mixed,use project as outlined in the'General Plan; and h. The project also includes an associated Development Review (DRC2012-00726) and Tentative Tract Map (SUB7718856), which were approved by the Planning Commission on January 9, 2013. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project will be consistent with the General Plan, Development Code, and the Terra Vista Community Plan with the approval of this General Plan Amendment; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and the Terra Vista community Plan; and C. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council affirms the Planning Commission's decision and finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. P409 CITY COUNCIL RESOLUTION NO. 13-014 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC February 20, 2013 Page 3 b. The City Council has reviewed the previously adopted Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the previously adopted Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the City Council hereby affirms the previously adopted Mitigated Negative Declaration. c.- The City Council has also reviewed and considered the previously adopted Mitigation Monitoring Program for the project that has been prepared pursuant to the. requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance.with the mitjgation.measures.during_implementation of the project. The City Council therefore affirms the previously adopted Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council's decision is based, is.the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated.herein by this reference. Planning Department 1) Approval is to change the General Plan land use designation for the site from Mixed Use to Medium High Residential in order to construct a 306-unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50 (see Staff Report Exhibit A for text and map changes to the General Plan). 2) All environmental mitigation measures and standard conditions outlined in the Resolutions of Approval for Development Review DRC2012-00726 and Tentative Tract Map SUBTTT18856 shall be adhered to. 6. The City Clerk shall certify the adoption of this Resolution. w i .i ,„,,.:„....„.,.:.„.,„,„_,03 0. , , , ,, ., , Y a t4 ,,(NI 0 S �� cm Cst a E 73 1 E.., „. ,_'0 o O E o O 1 , 1 : , . i ,, .„::::„.., .„.... -x: C..)V 4.1. 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' e - ; g . • aboi ,: CO Ct • ., =let. ',".... ..- 4-11' CZ (4. -44.1 k.... - .., : Igor■.... IL k . g .- . . -- •:.,. ,_11.7......., . ... _ . ....-------- '41:.... .......41Z.- ......;.... - ' . ' '''• - . .-. \ — C .— .— . • — .',. .. \ .!. - e" oliv 7 i' . .,.:4,t P410 STAFF REPORT F_NGI.VFERING SERVICES DEPARTMENT Date: February 20, 2013 RANCHO To: Mayor and Members of the City Council C,UCAMONGA John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Fred Lyn, Utilities Division Manager Subject: CONSIDERATION OF A RESOLUTION TO AMEND ELECTRIC RATES, PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RECOMMENDATION It is recommended that the City Council approve and adopt a resolution amending the existing electric rates pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. .BACKGROUND Since the establishment of the Rancho Cucamonga Municipal Utility (RCMU) in August of 2001 and when RCMU began providing electric service in May of 2004, it has been RCMU's past practice that its electric rates maintain parity with Southern California Edison's (SCE's) electric rates. Since then, Proposition 26 - "Supermajority Vote to Pass New Taxes and Fees Act" was passed in November 2010, and while electric service rates are exempt from Proposition 26 because it is not considered a "tax", Proposition 26 does require the local government providing a service or product to ensure that the rates being charged does not exceed the reasonable costs to the local government providing that service or product. In the spring of 2011, staff felt that it was an appropriate time for a Cost of Service and Rate Design study to be conducted in order to capture the true cost of providing electric service to RCMU customers and to re-examine RCMU's existing rates. In May 2011, the City issued a Request For Proposal (RFP #10/11-105) for an Electric Cost of Service and Rate Design study for RCMU. Of the vendors that responded to the RFP, Utility Financial Solutions, LLC was selected as the most responsive and responsible firm to provide the service. Since March 2011, subsequent SCE rate increases have not been mirrored by RCMU until the Cost of Service and Rate Design study was concluded. ANALYSIS The specific purposes of this cost of service and rate study are to: • Determine RCMU's revenue requirements • Identify cross-subsidies that may exist between rate classes • Recommend rate adjustments needed to meet targeted revenue requirements • Identify the appropriate monthly customer charge for each customer class • Recommend a new residential rate class for an upcoming new residential development • Provide recommendations on rate design P411 City Council Staff Report - Resolution to amend electric rates February 20, 2013 Page 2 In determining the cost of service, several additional factors were also addressed regarding ongoing regulatory changes taking place in the electric utility industry: • Additional costs of renewable energy mandates per the State's 33% Renewable Portfolio Standard by 2020 • The establishment of a capital infrastructure replacement fund for funding future capital projects to ensure system reliability, and • The ability to maintain sufficient reserves to meet current and future obligations, as well as any volatility in energy market prices Existing Rate Classes The proposed amendments to the existing commercial electric rates will result in rates increasing between 3-7%. This increase will bring RCMU rates closer to the cost of service, meet revenue requirements while continuing to remain below SCE rates. The table below shows what an average monthly increase a typical customer can expect based on their rate class. It is important to note that even after this rate increase, all RCMU existing rate classes continue to be lower than SCE rate classes by an average of 3-4%. Existing Commercial Average,Monthly Bill Average Monthly Increase Rate Class " Current Proposed $ Small Commercial $217 $227 $10 4% 1,500 kWh Medium Commercial $1,285 $1,382 $97 7% 35 kW ; 11,000 kWh Medium TOU $13,112 $13,592 $480 3% _(215 kW ; 88,000 kWh Large Commercial $33,299 $35,594 $2,295 6% 550 kW ; 200,000 kWh New Rate Classes Two new rate classes are also being proposed, a residential rate class and an industrial rate class. As a result of the study, the proposed residential rates will be 8% lower than SCE's residential rate class and will serve two new residential developments forthcoming in RCMU's service territory. The proposed industrial rate class will be 2.5% less than SCE's similar rate class and will provide service to a new large manufacturing business customer in RCMU's service territory. Economic Development Rate Program The City Council adopted an Economic Development Rate Program in August 2012. After re-evaluating the program and speaking with potential businesses about the feasibility of the job creation numbers and discount tiers, staff has decided to reduce the job creation criteria and slightly increase the discount tiers in order to match reasonable figures in the current market environment. Staff believes that these changes will be more realistic in achieving a successful economic development incentive for RCMU and the City. P412 City Council Staff Report - Resolution to amend electric rates February 20, 2013 Page 3 •:, Job;Creation Criteria - Current Proposed Tier 1 discount rate 100-499 jobs 100-249 jobs Tier 2 discount rate 500-999 jobs 250-499 jobs Tier 3 discount rate More than 1000 jobs More than 500 jobs Discount Tier 1 Discount Tier 2 Discount Tier 3 Current lPr0 osed Current 1proposed Current lPro osed Years 1 - 2 15% 20% 20% 20% 20% 20% Years 3 - 4 12% 15% 15% 17% 20% 20% Years 10% 10% 10% 12% 15% I 15% If approved by the City Council, this increase in RCMU electric service rates will become effective on the customer's February billing cycle. The amended rates reflect the City's reasonable and prudent costs for such an enterprise and do not establish unfair, unreasonable or excessive rates that exceed the City's reasonable costs of doing business. The City has provided the required notification to the public by publishing notice of this hearing on February 5, 2013, and February 12, 2013, in the Inland Valley Daily Bulletin, a local newspaper of general circulation, and posting notice in at least two separate locations within the City, as well as a separate mailing in the customer's February electric bill. The proposed revised rates have been available for public review in the City Clerk's Office since the advertisements and resolution were first published on February 14, 2013. Respectfully submitted, Director of Engineering Services/City Engineer MAS:FL/rlf Attachment P413 RCMU February 2013 electric rate increase summary RCMU RCMU %increase from Current Rate Proposed Rate from RCMU Current 21112013 to Proposed Customer Classification Summer Winter Summer Winter Summer Winter Small Commercial Energy Charge($/kWh) 0.18459 0.12924 0.19526 0.13500 5.5% 4.3% Customer Charge($/day) 0.73300 0.73300 0.79000 0.79000 7.2% 7.2% Three Phase Service($/day) 0.03200 0.03200 0.03400 0.03400 5.9% 5.9 Medium Commercial Energy Charge($/kWh) Non-TOU 0.08173 0.06597 0.08700 0.07000 6A% 5.8% TOU Summer On-Peak 0.13321 0.14273 6.7% Summer Mid-Peak 0.08260 0.08851 6.7% Summer Off-Peak 0.05488 0.05800 5.4% Winter Mid-Peak 0.07942 0.08510 6.7% Winter Off-Peak 0.05173 0.05460 5.3% Demand Charge($/kW) Facilities Related 12.15 12.15 13.49 13.49 9.9% 9.9% Time Related Non TOU-Summ 16.37 - 17.00 - 3.7% Time Related TOU-Summ On 14.35 - 15.38 - 6.7% Time Related TOU-Summ Mid 4.39 - 4.70 - 6.6% Customer Charge(S/Meter/Month) 134.17 134.17 140.00 140.00 4.2% 4.2% Medium Commercial(TOU) Energy Charge($/kWh) Summer On-Peak 0.11556 0.12250 5.7% Summer Mid-Peak 0.08335 0.08950 6.9% Summer Off-Peak 0.05899 0.06200 4.9% Winter Mid-Peak 0.06325 0.0660 4.2% Winter Off-Peak 0.04816 0.0495 2.7% Demand Charge($/kW) Facilities Related 13.19 1119 13.75 13.75 4.1% 4.1% Time Related-On-Peak 12.42 - 13.00 - 4.5% Time Related-Mid-Peak 2.95 - 3.00 - 1.7% Power Factor Adjustment($/KVA) 0.27 0.27 0.27 0.27 0.0% 0.0% Customer Charge($/Meter/Month) 472.44 472.44 472.44 472.44 0.0% 0.0% Large Commercial _ Energy Charge($/kWh) Summer On-Peak 0.13573 0.1475 8.0% Summer Mid-Peak 0.08655 0.0930 6.9% Summer Off-Peak 0.05593 0.0590 5.2% Winter Mid-Peak 0.07650 0.0820 6.7% Winter Off-Peak 0.05257 0.0550 4.4% Demand Charge(S/kW) Facilities Related 12.56 12.56 13.85 13.85 9.3% 9.3% Time Related-On-Peak 15.39 - 16.50 - 63% Time Related-Mid-Peak 4.33 - 4.50 - 3.8% Power Factor Adjustment($/KVA) 0.27 0.27 0.27 0.27 0.0% 0.0% Customer Charge($/Meter/Month) 577.22 577.22 577.22 577.22 0.0% 0.0% Outside Lighting Energy Charge($/kWh) 0.05859 0.05859 0.0625 0.0625 6.3% 6.3% Customer Charge(S/Meter/Month) 14.15 14.15 15.25 15.25 7.2% 7.2% P414 RCMU February 2013 electric rate increase summary RCMU RCMU %increase from Current Rate Proposed Rate from RCMU Current 21112013 to Proposed Customer Classification Summer Winter Summer Winter Summer Winter Street Lighting 150 Wattage Energy Charge(S/kWh/lamp) 0.06626 0.06626 0.07000 0.07000 5.3% 5.3% Lamp Charge($/Lamp/Month) 9.39 9.39 9.75 9.75 3.7% - 3.7% 250 Wattage Energy Charge($*Wh/lamp) 0.06626 0.06626 0.07000 0.07000 5.3% 5.3% Lamp Charge(S/Lamp/Month) 10.10 10.10 10.50 10.50 3.8% 3.8% - Traffic Control Energy Charge($IkWh) 0.10908 0.10908 0.1150 0.1150 5.1% 5.1% Customer Charge($/day) 0.51900 0.51900 0.5200 0.5200 0.2% 0.2% Irrigation System Energy Charge($/kWh) 0.18459 0.12924 0.18459 0.12924 0.0% 0.0% Customer Charge($/day) 0.73300 0.73300 0.73300 0.73300 0.0% 0.0% WTR Fixed Energy Charge$/Device/Month 66.37 66.37 66.37 66.37 0.0% 0.0% Customer Charge$/Month 17.29 17.29 17.29 17.29 0.0% 0.0% Inspection Charge-$IDevice/Month 12.60 12.60 12.60 12.60 0.0% 0.0% Three-Phase Service-S/Day 0.03 0.03 0.03 0.03 0.0% 0.0% Initialization of Service Charge 6.79 6.79 6.79 6.79 0.0% 0.0% Residential(New Rate Class) Customer Charge($/day) Single Family N/A N/A 0.20 0.20 N/A N/A Multi Family N/A N/A 0.18 0.18 N/A N/A Energy Charge($/kWh) Summer I Winter Baseline N/A N/A 0.11780 0.11780 N/A N/A 130% NIA N/A 0.14646 0.14646 N/A N/A 200% N/A N/A 0.26844 0.26844 N/A N/A 300% N/A N/A 0.29927 0.29927 N/A N/A Excess N/A NIA 0.33261 0.33261 N/A N/A Large Industrial(New Rate Class) Energy Charge($/kWh) Summer On-Peak N/A N/A 0.10738 N/A N/A Summer Mid-Peak N/A N/A 0.08386 N/A N/A Summer Off-Peak N/A N/A 0.05610 N/A N/A Winter Mid-Peak N/A NIA 0.07809 N/A N/A Winter Off-Peak N/A NIA 0.05164 N/A N/A Demand Charge($/kW) Facilities Related NIA N/A 13.39 13.39 N/A N/A Time Related-On-Peak N/A N/A 20.42 N/A N/A Time Related-Mid-Peak N/A N/A 5.72 N/A N/A Power Factor Adjustment($/KVA) N/A NIA 0.27 0.27 N/A N/A Customer Charge($/Meter/Month) N/A N/A 330.00 330.00 N/A N/A P415 RESOLUTION NO. 13-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES AND CHARGES, PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. 1. The City Council of the City of Rancho Cucamonga has previously adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code establishing Electricity Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly or indirectly, under said legislation be adopted pursuant to resolution, and thereafter, be amended from time to time by resolution. 2. City staff has prepared a comprehensive schedule of the rates, fees and charges that reflect the reasonable and prudent costs relating to the acquisition and distribution of electric power to retail customers and are recommending that the City Council adopt the recommended rates and fees. These rates do not present the City an opportunity to achieve profits or to impose charges in excess of the costs reasonably related to the development, maintenance and expansion of a municipal electric distribution system. The City Council has directed City staff to regularly review the operations of the City's electric utility to ensure that the rates are sufficient to cover all prudent business costs, reserves and capital equipment acquisition but not exceeding the amount necessary for the same. The rates, fees and charges reflect the reasonable costs to the City system only and do not reflect any excess rates, fees, or charges that are in excess of the reasonable costs of providing the electrical services as set forth hereinafter. 3. The City Council has reviewed the adoption of this Resolution pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the adoption of the Electric Rules and Regulations has no foreseeable potential to a result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). Further, the City Council has determined that the adoption of the fees is exempt from substantive environmental review under Section 15273 of the State CEQA Guidelines as no capital projects for system expansion are included in the proposed action. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. Section 2. The rates, fees and charges assessed under Chapter 3.46 of Title 3 shall be as set forth on Attachment 1 hereto and incorporated by reference as if fully set forth herein. Section 3. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 13-018 Page 1 P416 Table of Contents Electric Rates and Tariffs RESIDENTIAL 1 SMALL COMMERCIAL 3 MEDIUM COMMERCIAL 5 MEDIUM COMMERCIAL (TIME-OF-USE) 8 LARGE COMMERCIAL 11 LARGE INDUSTRIAL 14 STREET LIGHTING 18 TRAFFIC CONTROL 21 OUTDOOR AREA LIGHTING 22 IRRIGATION SYSTEMS 24 WIRELESS TECHNOLOGY" 25 NET ENERGY METERING 27 ECONOMIC DEVELOPMENT 29 SERVICE ESTABLISHMENT CHARGE 32 ELECTRIC CHARGES AND FEES SCHEDULE 33 P417 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS RESIDENTIAL A. Applicability. Applicable to individual, accommodations devoted primarily to domestic purposes where service includes lighting, appliances, heating, cooking and power consuming appliances or combination thereof in a residential accommodation. B. Territory. Within the entire territory served. C. Rates. Energy Charge $/kWh/Meter Summer and Winter Tier 1 — Baseline Quantities 0.11780 Tier 2- 101% to 130% of Baseline 0.14646 Tier 3 — 131% to 200% of Baseline 0.26844 Tier 4-201% to 300% of Baseline 0.29927 Tier 5—Over 300% of Baseline 0.33261 Customer Charge - $/Meter/Day Single-Family Residence 0.20 Multi-Family Residence 0.18 Special Conditions. 1. Summer and Winter Seasons are defined as follows: The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October Ist of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June I st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Customer Charge: For purposes of applying the Customer Charge, the following definitions shall be used: Single-Family Residence: A building of single occupancy, which does not share common walls, floors, or ceiling with other residential dwelling units. Multi-Family Residence: Apartments. mobile homes, condominiums, townhouses or a building of multiple occupancy which shares common walls and/or floors and ceilings with other residential dwelling units. 3. Voltage. Service will be supplied at one (1) standard voltage. 4. Baseline Quantities: The residential allocation shall be 16.1 kWhs per day in the Summer Season and 10.6 kWhs per day in the Winter Season. I Effective Date:February 1,2013 P418 CITY OF RANCHO CUCAMONGA MUNICIPAL,UTILITY ELECTRIC RATES&TARIFFS 5. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 6. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh]). 7. Power Cost Adjustment Factor(PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 8. Change of Law Adjustment Factor(CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 9. State Mandated Public Benefits Charge. State law requires all California electric utilities to establish a public benefit charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 2 Effective Date:February I,2013 P419 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS SMALL COMMERCIAL A. Applicability. Applicable to single and three-phase general service including lighting and power Customers, except for the Customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 20 kW or has exceeded 20 kW in any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility of any Customer served under this Schedule, the Customer's account shall be transferred to another applicable Rate Schedule. B. Territory. Within the entire territory served. C. Rates. Energy Charge $/kWh/Meter/Month Summer 0.19526 Winter 0.13500 Customer Charge- $/Meter/Day 0.790 Three Phase Service - $/Day 0.034 D. Special Conditions. I. Summer and Winter Seasons are defined as follows: The Summer Season shall commence at 12:00 a.m. on June 151 and continue until 12:00 a.m. on October 1't of each year. The Winter Season shall commence at 12:00 a.m. on October 1't of each year and continue until 12:00 a.m. on June 1't of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage. Service will be supplied at one (1) standard voltage. 3. Three-Phase Service. Where the Utility provides three-phase service, the billing will be increased by the amount shown in the Rates section above. 4. Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. 3 Effective Date:Febmary L 2013 P420 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS 5. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 6. Installation of Demand Meters. Where a Customer's usage exceeds an average of 4,500 kWh per month in the preceding 12-month period, the Utility may, at its sole option, install a demand Meter on the account at the Utility's expense. 7. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). 8. Power Cost Adjustment Factor(PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 9. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 10. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 4 Effective Date:February I,2013 P421 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS MEDIUM COMMERCIAL A. Applicability. Applicable to single and three-phase service including lighting and power Customers whose monthly Maximum Demand registers, or in the opinion of the Utility is expected to register, above 20 kW and below 200 kW. The Customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to reach 200 kW or has reached 200 kW for any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility, such Customer's account shall be transferred to another applicable Rate Schedule. Further, any Customer served under this Schedule whose monthly Maximum Demand has registered 20 kW or less for twelve (12) consecutive months is eligible for service under another applicable Rate Schedule. B. Territory. Within the entire territory served. C. Rates. Energy Charge - $/kWh/Meter/Month Non TOU Pricing Option Summer Season 0.08700 Winter Season 0.07000 TOU Pricing Option Summer Season—On-Peak 0.14273 Mid-Peak 0.08851 Off-Peak 0.05800 Winter Season—Mid-Peak 0.08510 Off-Peak 0.05460 Customer Charge - $/Meter/Month 140.00 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 13.49 Time Related - Non TOU Summer 17.00 Time Related - TOU Summer—On-Peak 15.38 Summer— Mid-Peak 4.70 TOU Option Meter Charge - $/Meter/Month RTEM 94.18 5 Effective Date:Febman,1,2013 P422 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS D. Special Conditions. I. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June 1" and continue until 12:00 a.m. on October I" of each year. The Winter Season shall commence at 12:00 a.m. on October I" of each year and continue until 12:00 a.m. on June I" of the following year. A pro rata computation will be made for seasonal billing purposes. 2. RTEM Metering. Customers may elect a Real Time Energy Metering(RTEM) meter and shall pay the monthly charges, as indicated in the Rates section of this Rate Schedule. 3. Voltage. Service will be supplied at one (1) standard voltage. 4. Billing Demand. The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. 6 Effective Date;February I,2013 P423 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS 5. Maximum Demand. The Maximum Demand in any month shall be the measured maximum average kilowatt input, indicated or recorded by instruments, during any 15-minute metered interval in the month, but, where applicable, shall not be less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. 6. Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer resuming service within twelve (12) months after such service was discontinued will be required to pay all charges which would have been billed if service had not been discontinued. 7. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). 9. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor(CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. IL State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 7 Effective Date.February I,2013 P424 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS MEDIUM COMMERCIAL (TIME-OF-USE) A. Applicability. Applicable to single and three-phase service including lighting and power Customers whose monthly Maximum Demand registers, or in the opinion of the Utility is expected to register 200 kW through 500 kW. The customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW for any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule and effective with the date of ineligibility, such Customer's account shall be transferred to Large Commercial. Further, any Customer served under this Schedule whose monthly Maximum Demand has registered below 200 kW for twelve (12) consecutive months is ineligible for service under this Rate Schedule, and shall be transferred to another applicable Rate Schedule. B. Territory. Within the entire territory served. C. Rates. Energy Charge - $/kWh/Meter/Month Summer Season—On-Peak 0.12250 Mid-Peak 0.08950 Off-Peak 0.06200 Winter Season— Mid-Peak 0.0660 Off-Peak 0.0495 Customer Charge - $/Meter/Month 472.44 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 13.75 Time Related Summer—On-Peak 13.00 Summer—Mid-Peak 3.00 Power Factor Adjustment - $/KVA 0.27 D. Special Conditions. I. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), 8 Effective Date:February I,2013 P425 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS Labor Day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June I't and continue until 12:00 a.m. on October I" of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June I" of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage. Service will be supplied at one(1) standard voltage. 3. Billing Demand. The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. 4. Maximum Demand. Maximum Demand shall be established for the On-Peak, Mid-Peak, and Off-Peak periods. The Maximum Demand in any month shall be the measured maximum average kilowatt input, indicated or recorded by instruments, during any 15- minute metered interval in the month, but, where applicable, shall not be less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. 5. Power Factor Adjustment. The Customer's bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed by the Utility. 9 Eftecme Date.February 1,2013 P426 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15 minute interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar meter to prevent reverse operation of the meter. 6. Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer resuming service within twelve (12) months'after such service was discontinued will be required to pay all charges which would have been billed if service had not been discontinued. 7. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], kilovar [kVa], etc.). 9. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor(CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 11. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 10 Effective Date-February I,2013 P427 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS LARGE COMMERCIAL A. Applicability. Applicable to general services including lighting and power Customers. This Schedule is applicable to and mandatory for all Customers whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW in any three (3) months during the preceding twelve (12) months. Any existing Customer on this Schedule whose monthly Maximum Demand has registered 500 kW or less for twelve (12) consecutive months is ineligible for service under this Schedule and shall be transferred to another applicable Rate Schedule. Service under this Schedule is subject to Meter availability. B. Territory. Within the entire territory served. C. Rates. Energy Charge - $/kWh/Meter/Month Summer Season—On-Peak 0.1475 Mid-Peak 0.0930 Off-Peak 0.0590 Winter Season— Mid-Peak 0.0820 Off-Peak 0.0550 Customer Charge - $/Meter/Month 577.22 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 13.85 Time Related Summer—On-Peak 16.50 Summer— Mid-Peak 4.50 Power Factor Adjustment- $/KVA 0.27 D. Special Conditions. 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summeuweekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). 11 Effective Date:February I,2013 P428 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June I" and continue until 12:00 a.m. on October IS' of each year. The Winter Season shall commence at 12:00 a.m. on October I" of each year and continue until 12:00 a.m. on June 1" of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage. Service will be supplied at one standard voltage. 3. Maximum Demand. Maximum Demands shall be established for the On-Peak, Mid-Peak, and Off- Peak periods. The Maximum Demand for each period shall be the measured maximum average kilowatt input indicated or recorded by instruments, during any 15-minute metered interval, but, where applicable, not less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. 4. Billing Demand. The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period for each of the On-Peak, Mid-Peak, and Off-Peak Time Periods. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (1 1) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. Separate Demand Charge(s) for the On-Peak, Mid-Peak, and Off-Peak Time Periods shall be established for each monthly billing period. The Demand Charge for each time period shall be based on the Maximum Demand for that time period occurring during the respective monthly billing period. 5. Power Factor Adjustment. The Customer's bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed by the Utility. 12 Effective Date_February 1-2013 P429 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY EL17C'rRIC RATES&TARIFFS The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15 minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar Meter to prevent reverse operation of the Meter. 6. Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. 7. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Contracts. An initial three-year facilities contract may be required where Applicant requires new or added serving capacity exceeding 2,000 kVA. 9. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], kilovar [kVa], etc.). 10. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 11. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 12. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 13 Effective Date. February I,2013 P430 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS LARGE INDUSTRIAL A. Applicability. Applicable to general services including lighting and power Customers delivered at the utility's primary distribution voltage level of 12 kV. This Schedule is applicable to and mandatory for all Customers whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW in any three (3) months during the preceding twelve (12) months. Any existing Customer on this Schedule whose monthly Maximum Demand has registered 500 kW or less for twelve (12) consecutive months is ineligible for service under this Schedule and shall be transferred to another applicable Rate Schedule. Service under this Schedule is subject to Meter availability. B. Territory. Within the entire territory served. C. Rates. Energy Charge - $/kWh/Meter/Month Summer Season—On-Peak 0.10738 Mid-Peak 0.08386 Off-Peak 0.05610 Winter Season— Mid-Peak 0.07809 Off-Peak 0.05164 Customer Charge - $/Meter/Month 330.00 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 13.39 Time Related Summer—On-Peak 20.42 Summer—Mid-Peak 5.72 Power Factor Adjustment - $/KVA 0.27 D. Special Conditions. I. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). 14 Effective Date. February I,2013 P431 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October I" of each year. The Winter Season shall commence at 12:00 a.m. on October I` of each year and continue until 12:00 a.m. on June lit of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage. Service will be supplied at one standard voltage. 3. Maximum Demand. Maximum Demands shall be established for the On-Peak, Mid-Peak, and Off- Peak periods. The Maximum Demand for each period shall be the measured maximum average kilowatt input indicated or recorded by instruments, during any 15-minute metered interval, but, where applicable, not less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent Fluctuations, a 5-minute interval may be used. 4. Billing Demand. The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for)the monthly billing period for each of the On-Peak, Mid-Peak, and Off-Peak Time Periods. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (I I) months,the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. Separate Demand Charge(s) for the On-Peak, Mid-Peak, and Off-Peak Time Periods shall be established for each monthly billing period. The Demand Charge for each time period shall be based on the Maximum Demand for that time period occurring during the respective monthly billing period. 5. Power Factor Adjustment. The Customers bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the 15 Effective Date:February 1,2013 P432 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&'TARIFFS applicable voltage level, based on the per kilovar of maximum reactive demand imposed by the Utility. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15 minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar Meter to prevent reverse operation of the Meter. 6. Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. 7. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. 8. Customer Responsibilities The customer will be responsible for all costs associated with the primary point- of-delivery installation, including the metering and primary voltage physical disconnect necessary to isolate the customer's facilities from the utility's facilities. The customer will be responsible to own, operate and maintain all electrical distribution facilities on the customer side of the primary point-of-delivery (typically established at the primary meter). 9. Contracts. An initial three-year facilities contract may be required where Applicant requires new or added serving capacity exceeding 2,000 kVA. 10. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], kilovar [kVa], etc.). 11. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 16 F.ITective Date:Febmary I,2013 P433 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS 12. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 13. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers 17 Effective Date:February 1.2013 P434 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS STREET LIGHTING A. Applicability. Applicable to meter for the lighting of streets, and publicly-owned and publicly-operated automobile parking lots which are opened to the general public where the City owns and maintains the street lighting equipment and associated facilities included under this Schedule. B. Territory. Within the entire territory served. C. Rates High Pressure Sodium Vapor Lamps—All Night Service Lamp Wattage Initial Lumens 150 1 16,000 Energy Charge - $/kWh/Lamp 0.07000 Lamp Charge - $/Lam /Month 9.75 250 27,500 Energy Charge - $/kWh/Lamp 0.07000 Lamp Charge - $/Lam /Month 10.50 D. Special Conditions I. The Applicant shall install streetlights that will be served by the Utility. These streetlights must be installed in accordance with the Utility's specifications and the developer will deed such facilities to the City. 2. Requirements and Restrictions. a. The Applicant for street light service shall specify the type of service, lamp size, and location of street lights. b. Service shall not be furnished under this Schedule where location, mounting height, and/or other considerations are unacceptable to the Utility. C. The installation of street lighting equipment and facilities hereunder is contingent upon the utility obtaining casements, and rights of way, as may be required, satisfactory to the Utility for the required poles, lines, equipment, and facilities. d. Should the Applicant not commence using the street lighting in a bona fide manner within ninety (90) days after date of completion and installation of a street light or street lighting system requested by the Applicant, the 18 Effective Date:February 1,2013 P435 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS Utility will bill, and the Applicant shall pay, the applicable lamp charges(s). 3. Hours of Service. Under the Utility's standard all night operating schedule, approximately 4,140 hours of service per year will be furnished. 4. Maintenance. The Utility shall exercise reasonable care and diligence in maintaining its street light facilities or Utility-owned attachments thereto. Where the Utility experiences, or expects to experience, maintenance costs exceeding its normal maintenance expense resulting from, but not limited to, vandalism, the Utility may require the customer to pay the excess maintenance expense. 5. Liability of the Utility. The Utility shall not, by taking action pursuant to its tariffs, be liable for any loss, damage, or injury, established or alleged, which may result, or be claimed to result, therefrom. 6. Removal. Relocation or Modification of Facilities. Where street lighting service and facilities are ordered removed by a customer, the customer shall pay to the Utility a nonrefundable amount equal to the total estimated cost installed less any Customer contribution, plus the estimated cost of removal less the estimated net salvage value of the facilities. Where street lighting service and facilities were ordered removed by a Customer and such service and facilities, or their equivalent are ordered reinstalled within thirty-six (36) months from the date of the order to remove, the Customer shall pay to the Utility in advance of reinstallation a nonrefundable amount equal to the cost of removal of the prior facilities and the estimated cost of such reinstallation. Where street lighting facilities are ordered modified and /or relocated by a Customer, the Customer shall pay to the Utility, in advance of such modification and/or relocation, a nonrefundable amount equal to the estimated cost of such modification and/or relocation. This includes facilities that now serve street light load only, but that may have been installed originally to serve other than street light load. Utility-owned facilities removed or installed remain the sole property of the Utility. 7. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. 19 Effective Date:February I,2013 P436 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELEC"FRIC RA'Z'ES&TARIFFS 8. Power Cost Adjustment Factor(PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 9. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 10. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 20 Effective Date:February I,2013 P437 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES d TARIFFS TRAFFIC CONTROL A. Applicability. Applicable to single and three-phase service for traffic directional signs or traffic signal systems located on streets, highways and other public thoroughfares and to railway crossing and track signals; for public thoroughfare lighting that is utilized twenty-four (24) hours per day or is not controlled by switching equipment, such as tunnel or underpass lighting; and, to public authorities for the illumination of bus stop shelters located in the dedicated road right-of-way where such service is combined with other traffic control service as defined above. B. Territory. Within the entire territory served. C. Rates. Energy Charge - $/kWh 0.1150 Customer Charge - $/Day 0.5200 D. Special Conditions I. Voltage. Service will be supplied at one (1) standard voltage not in excess of 240 volts or, at the option of the Utility, at 240/480 volts, three wire, single-phase. 2. Billing Calculation. A Customer's bill is calculated according to the rate and conditions above. 3. Power Cost Adjustment Factor (PCAF). The rate above is subject to an adjustment as provided in Rule 12, Section E. 4. Change of Law Adjustment Factor(CLAF). The rate above is subject to an adjustment as provided in Rule 12, Section F. 5. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 21 Efrwtive Date:Febmary 1,2013 P438 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS OUTDOOR AREA LIGHTING A. Applicability. Applicable to single-phase service for metered outdoor area lighting load, controlled for dusk to dawn operation and used for purposes other than street and highway lighting such as, but not limited to parking lots, pedestrian walkways, billboards, building exteriors, security, sports and recreation areas, monuments, decorative areas, and bus shelters. B. Territory. Within the entire territory served. C. Rates. Energy Charge - $/kWh/Meter/Month 0.0625 Customer Charge- $/Meter/Month 15.25 D. Special Conditions 1. Voltage. Service will be provided at one(1) standard voltage. 2. Three-Phase Service. Where, in the sole opinion of the Utility, it is impractical to provide single-phase service under this Schedule, three-phase service will be provided. 3. Separate Point of Delivery. When requested by the Applicant or Customer, and agreed upon by the Utility, an additional Point of Delivery may be provided, separate from any other Point of Delivery provided under any other applicable Rate Schedule. Customers so served shall not be permitted to have an electrical interconnection beyond the Utility's Point of Delivery between the separately metered loads except upon written approval of the Utility. A change from this Schedule to any other Rate Schedule will be permitted if the additional Point of Delivery is removed. Any such removal shall be at the Customer's expense. Any rearrangement of facilities required to provide the additional Point of Delivery shall be at the expense of the requesting Applicant or Customer. 22 Effective Date:February I,2013 P439 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS 4. Controlled Operation. Service under this Schedule requires the control of lamps in a manner acceptable to the Utility so that lamps will not be lighted daily from dawn to dusk. Customer shall install, own, operate, and maintain the control device. The Utility shall have the right to periodically inspect the control device to ensure its correct operation and maintenance. 5. Distribution Line Extension. Distribution Line Extensions to reach an outdoor area light or area lighting system shall be in accordance with Rule 15. 6. Services. Services shall be installed and maintained as provided in Rule 16. 7. Incidental Loads. Incidental, non-lighting loads may be served under this Schedule only where such Connected Loads do not exceed fifteen percent (15) of the Customer's total Connected Load. Incidental Loads must also be controlled for dusk to dawn operation exclusively. 8. Billing Calculation. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Rate Charges when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). 9. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 10. Change of Law Adjustment Factor(CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 11. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 23) Effective Date February 1,2013 P440 CITY 01'RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS IRRIGATION SYSTEMS A. Applicability. Applicable where the Utility determines that 100% of the customer's electrical usage is for limited irrigation service except for the Customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 20 kW or has exceeded 20 kW in any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility of any Customer served under this Schedule, the Customer's account shall be transferred to another applicable Rate Schedule. B. Territory. Within the entire territory served. C. Rates. Energy Charge - $/kWh 0.18459 Customer Charge - $/Day 0.73300 D. Special Condition 1. Voltage. Service will be supplied at one (1) standard voltage not in excess of 240 volts or, at the option of the Utility, at 240/480 volts, three wire, single-phase. 2. Billing Calculation. A Customer's bill is calculated according to the rate and conditions above. 3. Power Cost Adjustment Factor (PCAF). The rate above is subject to an adjustment as provided in Rule 12, Section E. 4. Change of Law Adjustment Factor(CLAF). The rate above is subject to an adjustment as provided in Rule 12, Section F. 5. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 24 Effective Date:February 1,2013 P"i CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS WIRELESS TECHNOLOGY A. Applicability. Applicable to single-phase service for wireless technology industries that require electric service to operate radio repeaters or similar devices (wireless communication devices) that are mounted on existing City facilities, or other facilities approved by the Utility and are unmetered. This Schedule excludes Wi-Fi devices on "looped" (served by 120/240 volts) streetlight facilities. Customers must execute an application/contract with the Utility for service under this Schedule, and must execute an applicable agreement when devices are attached to City facilities. The monthly kilowatt-hour (kWh) usage of each device shall not exceed 500 kWh. Effective with the date of ineligibility of any Customer served under this Schedule, the Customer's account shall be transferred to another applicable Rate Schedule. If the Customers account cannot be transferred to another applicable Rate Schedule, the account will be closed, the Utility's service will be removed and the Customer must remove its device and equipment form the applicable City facility. B. Territory. Within the entire territory served. C. Rates. Fixed Energy Charge - $/Device/Month 66.37 Customer Charge - $/Month 17.29 Inspection Charge - $/Device/Month 12.60 Three-Phase Service - $/Day 0.03 Initialization of Service Charge 6.79 D. Special Conditions. 1. Contract. An approved City contract is required for service under this Rate Schedule. 2. Voltage. Service will be supplied at one (1) standard voltage not in excess of 240 volts. 3. Three-Phase Service. Where the Utility provides three-phase service, the billing will be increased by the amount shown in the Rates section above. 4. Maximum Wattage. The maximum watts/connected load/name plate is 746 watts. 5. Installation. The device(s) shall be installed on City facilities or other facilities approved by the Utility. When the devices are installed on City facilities, the installation and removal of such device(s) will be performed by the Customer, and at the Customer's expense. Device installation shall not be performed under this 25 Effective Date:February I,2013 P442 CITY OF RANCHO CUCAMONGA MUNICIPAL.UTILITY ELECTRIC RATES&TARIFFS Rate Schedule, where location, mounting height, and/or other considerations are not acceptable to the Utility. Unless approved by the Utility, all wireless communication devices must be visible to the Utility. 7. Modification of Facilities. No modifications can be made to the Customer-owned wireless communications devices unless approved by the Utility. Where the Customer requests a modification of City facilities, and such modifications are acceptable to the City, the City will perform the requested modifications at the Customer's expense. 8. Maintenance. The Utility shall exercise reasonable care and diligence in maintaining its facilities. Upon installation of the device(s), where the Utility experiences, or expects to experience, maintenance costs exceeding its normal maintenance expense resulting from, but not limited to, vandalism, the Utility may require the Customer to pay the excess maintenance expense. 9. Liability of the Utility. The Utility shall not, by taking action pursuant to its tariffs, be liable for any loss, damage, or injury, established or alleged, which may result, or be claimed to result, there from. 10. Initialization of Service Charge. A one-time charge, as shown in the Rates section of this Rate Schedule, is applied to each service account provided service under this Rate Schedule to recover the costs of a lock and spare fuse which are required with the initialization of service. 11. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 12. Change of Law Adjustment Factor(CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 13. State Mandated Public Purpose Programs Charge. State law requires all California electric utilities to establish a public purpose programs charge of 2.85% of electric retail revenues to fund qualifying energy efficiency programs, renewable energy resources, research and demonstration projects, and services for low-income electricity customers. 26 EtTective Date:February I,2013 P443 CITY OF RANCHO CUCANIONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS NET ENERGY METERING A. Applicability Applicable to a customer who operates a solar generating facility that is located on the customer's premises with a capacity of not more than 1 MW that is interconnected and operates in parallel with the City's electric system, intended primarily to offset part or all of the customer's own electrical requirements, and meets all the applicable safety and performance standards. This Schedule shall be closed to new customers once the combined nameplate rated generating capacity, for all customers served under this Schedule exceed two and one-half percent(2.5%) of the City's peak demand. B. Territory Within the entire territory served. C. Rates I. As determined in each billing period, when a customer consumes more energy than generated at the premises, the net consumed energy will be used in the calculation of all applicable energy charges, calculated by multiplying the net amount consumed by the applicable energy rate components of the customer's OAT. 2. As determined in each billing period, when a customer generates more energy than is consumed by the customer, the net kilowatt-hours of production will be carried forward into the next billing period. 3. Customers who are Net Surplus Electricity producers may elect to either carry over annual Net Surplus Energy production (in kilowatt hours) as a credit that will be applied to kilowatt hours subsequently supplied to Customer by RCMU or Customer may elect to receive payment for annual Net Surplus Electricity production and be compensated for each kilowatt-hour of Net Surplus Electricity production at a rate equivalent to the highest hourly rate that was charged for consumption in their OAT during the year prior to the Customer's Annual Billing Date. D. Special Condition 1. An executed Net Energy Metering and Generating Facility Interconnection Agreement is required prior to receiving service under this Schedule. 2. Metering Requirements - If the customer's existing meter is not capable of measuring the flow of energy in two directions, an appropriate meter shall be provided at the expense of the customer. The City may elect to install an additional meter or meters, at the City's expense to provide the information necessary to accurately bill or credit the customer. 27 Effective Date:February I,2013 P444 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS 3. Billing a. City shall provide all customers served under this Schedule with net energy consumption information and/or net energy export information with each monthly bill. b. Customers served under this Schedule shall pay both energy and non-energy charges on a monthly basis, in accordance with the customer's OAT except as otherwise allowed by State law. The value of net energy production will be used to offset only energy related charges in subsequent billing periods. 4. Definitions a. Net energy metering measures the difference between the electricity supplied through the electric grid and the electricity generated on the customer's premises and fed back to the electric grid. b. Otherwise Applicable Tariff (OAT) is the customer's regularly filed rate schedule under which service is rendered. c. Net Surplus Electricity is the electricity generated by an eligible customer- generator measured in kilowatt hours over a 12-month period that exceeds the amount of electricity consumed by that eligible customer-generator. 28 Effective Date:February I,2013 P"5 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS ECONOMIC DEVELOPMENT A. Applicability Commercial or industrial end-use Customers that would otherwise receive service under the Large Commercial or Large Industrial Electric Rate Schedule and meet certain criteria as established and adopted by resolution of the City Council of the City of Rancho Cucamonga may take advantage of the Economic Development (ED) rate as a New Customer or Expanded Load Customer. This ED rate is applicable to all or part of the services provided to New Customers and Expanded Load Customers, as such terms are defined herein. L A New Customer shall be a Customer seeking to locate a new business or relocate an existing business (not currently located within the territory served by the Rancho Cucamonga Municipal Utility (RCMU)) within RCMU's service territory. a. A New Customer shall meet both of the following criteria in order to qualify for Schedule ED: i. Projected minimum monthly electric demand of at least 500 kW. ii. Job Creation 1. Tier I Discount Rate 100-249jobs 2. Tier 2 Discount Rate 250—500jobs 3. Tier 3 Discount Rate greater than 500 jobs 2. An Expanded Load Customer shall be an existing RCMU Large Commercial or Large Industrial customer that is adding new load to RCMU by a minimum monthly electric demand of 200 kW based upon the Customer's past electrical demand as determined by RCMU. The expanded load can be at the customer's current site, or at a new site within the RCMU service territory. The Tier I ED rate will only be applied to the expanded load as determined in Section 6 below. B. Territory Within the entire territory served. C. Character of Service The service provided hereunder shall be alternating current,with regulated frequency of 60 hertz, three-phase, or a combination single and three-phase served through one meter, at a standard voltage specified by RCMU. To be eligible to participate all customers must have a demand meter. D. Rates Except as provided herein, or in the Economic Development Rate Agreement, all charges and provisions of the Customer's otherwise applicable rate schedule shall apply. The 29 Effective Date:Febmary I.2013 P446 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS applicable Energy Charge and Demand Charge under the Customer's otherwise applicable rate schedule will be reduced as follows: Tier 1 Tier 2 Tier 3 Years 1 -2 20% 20% 20% Years 3 - 4 15% 17% 20% Year 5 10% 12% 15% E. Special Conditions 1. Term: Economic Development Rate Agreements entered into under this Schedule shall be for a single five-year term. 2. Approval: Application of this Rate Schedule shall be subject to the approval of the City Manager or his/her designee, based on meeting the eligibility criteria outlined herein. 3. Agreement: The Customer must sign a standard Rancho Cucamonga Economic Development Rate Agreement in order for the rates under this Schedule to be applicable. In addition to the other terms of this Schedule, the Economic Development Rate Agreement shall require the Customer to reimburse Rancho Cucamonga for all rate reductions received under this Schedule, if the Customer fails to maintain the required minimum load during the five-year term of the Agreement. 4. Minimum Load: Customers qualifying under this Schedule as a New Customer with a projected minimum monthly electric demand of at least 500 kW or as an Expanded Load Customer under Applicability Sections I and 2 above, respectively, must agree to maintain a minimum level of load for five years from the date service is first rendered under this Schedule and to document compliance with all applicable requirements, as set forth in the Economic Development Rate Agreement. 5. Job Creation / Retention: Customers qualifying under this Schedule as a New Customer with a projected minimum monthly electric demand of at least 500 kW under Applicability Section la (ii), respectively, must agree to create and retain a minimum level of full-time equivalentjobs for five years from the date service is first rendered under this Schedule and to document compliance with all applicable requirements, as set forth in the Economic Development Rate Agreement. 6. Base Period Usage: Base Period Usage shall be established and agreed to in the Economic Development Rate Agreement for Expanded Load Customers. Base Period Usage shall be the average monthly energy use and demand for the Customer during the last three years of service to the Customer, from the date ending the last payment period before the date of the Agreement. Expanded Load qualifying for the rate under this Schedule shall be measured as the difference between the new monthly, metered documented energy use and demand, and the Base Period Usage. 30 Effective Date.February I,2013 P"7 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS 7. State Mandated Public Purpose Program Charge: All bills rendered under this Schedule shall be subject to the Public Purpose Program Charge as established by the City Council. 8. Miscellaneous Fees and Charges: Rates charged pursuant to this Schedule shall be subject to any Energy Users Taxes, Utility Users Taxes, and any other governmental taxes, duties, or fees which are applicable to Electric Service provided to Customer by the City of Rancho Cucamonga. Rates are also subject to adjustment, as established by the City of Rancho Cucamonga's City Council, in its sole discretion, in response to federal or state climate change laws, renewable portfolio standard or other mandated legislation. These adjustments may include but are not limited to charges to mitigate the impacts of greenhouse gas emissions or"green power" premiums. 9. Expanded Load: Expanded Load customers applying for this rate must demonstrate to the satisfaction of the Utility that the expanded load is new to the Rancho Cucamonga Municipal Utility. 10. Effective Date: The effective date of the Economic Development Rate Agreement shall commence within 12 months from the date of the City's approval, or the Agreement becomes null and void. The Agreement becomes effective upon execution by the parties, and the Economic Development Rate commences upon written notice by Customer, and coincides with the Customer's normal billing cycle. 11. Reapplication: Customers who have received service under the Economic Development Rate are eligible to reapply for the rate as an Expanded Load Customer, if they meet the criteria therefore. 12. Restrictions: Residential customers and federal, state or local government agencies are not eligible to apply for service under this Schedule. 31 Effective Date.February I,2013 P448 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES&TARIFFS SERVICE ESTABLISHMENT CHARGE A. Applicability. Applicable to General Service and Domestic Service customers. B. Territory. Within the entire territory served. C. Rates. For each establishment of electric service.................................... $15.00 D. Special Conditions. 1. The service establishment charge provided for herein is in addition to the charges calculated in accordance with the applicable schedule and may be made each time an account is established. As used herein, establishment means each time an account is opened, including a turn on of electric service or a change of name which requires a meter reading. 2. In case the customer requests that electric service be established on the day of his request or outside of regular hours, an additional charge of$11.00 may be made. 32 Effective Date:February I,2013 P449 CITY OF RANCHO CUCAMONGA MUNICIPAL,UTILITY ELECTRIC RATES&TARIFFS Electric Fees and Charges Schedule Applicability Applicable to all classes of service as provided in accordance with the Electric Rules and Regulations. Does not supersede any fees and charges listed in the rules which are not included on this schedule. Description Fee Amount Minimum Deposit Greater of twice estimated average monthly bill or $100 Minimum Deposit/Reconnection Greater of three times the estimated average monthly bill or$100 Service Turn-on Charge $20 next day $35 same day $50 after hours Special Appointment Turn-On Charge added to applicable $10 fee (Does not apply to the normal 4-hour window appointment) Return Check Charge In accordance with City of Rancho Cucamonga Ordinance Fund Verification Fee $5.00 Trip charge for additional field visits (cut-off for non $15.00 payment, etc.) Meter Test/Second Request Within One Year Period $100 paid in advance(if error is found, fee will be refunded) Re-Read/second request within six months $25 (if error is found fee will be refunded) Appointment based meter reads $25 Monthly rental of Remote Metering to resolve access issues $2.50 per month Temporary Turn On or Turn Off of electric service for $95 per hour or faction thereof repair(normal working hours) first aggregate hour is free Temporary Turn On or Turn Off of electric service for $130 per hour or faction thereof repair (after normal hours) Cost to investigate energy diversion Higher of$150 plus material or time and material Generating Facility Interconnection Plan Check and $150 per hour Inspection Rate 33 Effective Date:February I,2013 T"'" C N- 0 CN � O V O L._ CZ .5 2 .� >, co ° ° .� c a� ° U •— O 0)7:5 J O .co V C J 0 _ O co O W C7� to I U a� a� ° — ° •— a) -0 c3) N Q U c , , , , ....... u) CU a) CU '.,,,..., 3.2 0 2 '''' Ce >, Q co I CD (2 a" L- 11=0 0 . �; � 0 DO �� rn CU CD I CU t ' '''4';'''''''': 13114#44't ,t, P4 U ° 2 — 2 ca 0 2 Q U AI (J.- Akt,, _---,---io 0 (3- 0_ (/) 4-, . ► i • • • • Cl) 0 C.) 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C) .1..0 0 N = 0 u_ O 0 M N _ o co ° W �� p N „„a r- 4_, a Co u) = ' O O V N o Dy � o 0 0• W ■L O O 10 }+ G U N N r W = u) a) ` ! y � � c v n' }+ 4N N � N 0 0 0 W C •L O O m Q N r`. r ''^^ = , .—E ° `-'L ■O rm, a .- c.9 0 0 0 y "K O 0 '�� ►. o b N ms- O � ;:�5 c a� 7C)) 9 ij � vi es} Q iN..,.- --,b 410 a) 0 c � ' 0 , o 0 0 N-1KF ■- E Z � Efi a, C C ,, N el 000 ,� `� 0 2 0 N N N C IA H 0 A''' N IA • • • • P450 STAFF REPORT PLANNINGDEPAKrME yr ii It Date: February 20, 2013 RANCHO To: Mayor and Members of the City Council C,UCAMONGA John R. Gillison, City Manager From: Jeffrey A. Bloom, Deputy City Manager/Economic & Community Development By: Mayuko Nakajima, Assistant Planner Subject: DRC2012-00766— GENERAL PLAN IMPLEMENTATION UPDATE RECOMMENDATION: Staff recommends that the City Council receive the report and file for future reference. BACKGROUND: On May 19, 2010, the City of Rancho Cucamonga adopted an update to its General Plan. The General Plan is a long-range policy document with a projected horizon of 15 to 20 years. The goal and purpose of the General Plan is to present the Rancho Cucamonga Vision and give guidance to its implementation. The Plan accomplishes this through a series of policies and implementation actions that are applied to both public and private development projects and decisions. Goals and policies set the framework for decisions. A goal is an overall community desire or broad statement of purpose. Each policy provides guidance to the decision makers and City staff in their review of development proposals. The Implementation Plan identifies specific measures the City will undertake toward putting these goals and policies into action. The Implementation Measures are to be reviewed and updated to allow decision makers to adjust to current priorities and funding resources. Upon adoption of the General Plan, one of the City Council goals was to create an Implementation strategy. As part of this strategy, staff formed a General Plan Implementation Team that consists of representatives from Planning, Engineering, Building and Safety, the City Manager's Office, and Community Services. The Team monitors progress of these Measures to ensure that the General Plan Goals are being met. The General Plan Implementation Action Matrix is broken down into Ongoing, 1- Year, 3-Year, and 5-Year Implementation measures. There are 86 Implementation Measures contained within the matrix of which 46 are identified as ongoing, 20 tasks have been completed, 14 are still in progress, and 9 have not been initiated. Ongoing activities include policies such as; continue to implement high quality standards and incorporate the use of sustainable strategies for new and existing public buildings, continue to require multimodal pedestrian friendly improvements for new development, continue to coordinate with other agencies, and continue to regulate development within sensitive habitat areas. Additionally, the General Plan policies provided a foundation for the "Healthy RC Initiative," which emphasized a holistic approach to community health (Healthy Mind, Body & Earth). The City recognized that there are multiple determinants of health and that health is impacted by how we develop our communities. This overarching theme provided a mechanism to implement programs such as Safe Routes to School and Complete Streets. Our Development Code was updated in late 2012 to implement General Plan policies including Healthy RC. Some examples include encouraging walkability and complete streets through parks, trails, streets, sidewalks, and bike paths. Furthermore, through the Development Code Update we were able to amend, update and include ordinances such as the Green Building Ordinance, and ordinances specific to Farmers' Markets and Community Gardens; all of which fulfill some of the Goals and Policies within the Implementation Plan. CITY COUNCIL STAFF REPORT P451 DRC2012-00766 - GENERAL PLAN IMPLEMENTATION UPDATE February 20, 2013 Page 2 ANALYSIS: The General Plan Implementation Action matrix consolidates Appendix A of the General Plan "Implementation Plan" into like themed General Plan Policies. It serves as an outline of the different implementation measures that pertain to a related goal or policy. These measures are categorized into ongoing, 1-year, 3-year, and 5-year timeframes and specify the responsible department and the status of the implementation. Most measures are in the "Ongoing" category, since some are processes or procedures that the City currently administers on a day-to-day basis. A majority of the other Implementation measures were accomplished with the Development Code Update in 2012. Examples include: Updating land use and density ranges to be consistent with the General Plan, implementing the Water Efficient Ordinance, and requiring bicycle parking and amenities in commercial districts. The Implementation Team continues to monitor the implementation measures that are in progress and the 9 measures that have not been initiated. Minor adjustments have been made to the matrix to reflect current priorities and funding resources. Future adjustments and updates will continue to be made to the Matrix on an ongoing basis as the Implementation Measures are put into place. CONCLUSION: Staff will continue to meet regularly with the General Plan Implementation Team and report to the City Council as new goals are identified and accomplished. Changes to the Implementation Plan do not constitute an amendment to the General Plan, but rather assist the City Council and Department Heads in the strategic allocation of budget resources to achieve the goals, policies, and objectives set forth in the General Plan. Respectfully submitted, Jeff y oom Deputy City Manager/Economic & Community Development JAB:MN/Is Attachments: Exhibit A - General Plan Implementation Matrix m P452 s L � W m Z CZ L C CZ c L N o ru E o CM j ,M m ca c E Z C CL Q) CT an O7 C Ll -p m C1 [D m C C_ C C_ •C/7 _ r d CAL O O O O O m ° o�= L am m cm a Q] [/� O C d M C C C C _C C ° C/7 a L m O O O O -° E C2 d v C C a OC v C E m E a L� rj c E L3 -� m -- - E m m -° O L M ° - m �.- o o rn O C cn m c Z rn L7 C C d ■�c C O CA CL Q [Z cu 913 L.. d C13 C O m C= C= oN L C m �j C m � E m E C O Lm m °U CO p r/ cm M3 Lci }.I co v La L m cO Q ° � E , L77 -T G "� C = o LLJ LG p c m �_ J VE r--� m •O - - }� m OC.] C�II C� :d = N LO L L m -� L •"' Cl � _. � � Ln M LJ7 }� U = C m c M C3J uj p^ C o U v c + C v 3 L C m J Ln J J J J J E o m U m m cu Cu CO ° z E Q, 7 CL ED cm O _ y0 C C m _ O p o m C M E O a3 C13 o M ►- m m m ran' m m m 3 E3� L m '° C — c �- > m Q L13 r_3 M ED ED -cz C ° C m c a °' Z ° s d c L v a L E a c CD � o Clm.] C m o L7 C a c o f L •c L ED s coo m �- O m C m y m a L rn m y Q CU ML EJ C13 `1 M3 m L3 CM M CU LU O C S � CU M . m ~- s C C cfl y � m .r L m E v o a o M. 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L C C c �] C O] m O U E V Q c o = = m ow m ° c m� c M ry E Z EL co U CO 3 CO c°' L ° m n T E * m :cc c m s m c v� ° m ° o S v Lo ° U t— a L3 T 0 3 m m m u a c a� m >m o m LLJ p m y o� m m = °tm ° ° rn m ° co u.i C > U U O �C L ! 61 .V O m T C l C O O a C L O] a] L d U •U U O U O] m � M ' C O O_ O] O m -� S C .E m U = d QI O iF °Im E m to -- ° = rn w Z T y O y ° L C ° C C C O y _C O L ° w O7 cu L C Q 47 m U O ED m m a] O_ L m G O c' -' L U m Q. CL. m r--� Co Cl7 _T c] E ,K, d dL O.7 .y E:: = W m a] d m L L d 'C ,� * y m M M Ci x O_ O_ •� C> Q - > _ = YCO U [O L *07 O O •L O Cl C O] E � [Lp L C Lij EL m m m E m m a3 v' a c m y M2 y s °O cm ° m a Z m m fn _U m C V m j ° O] T O C E O a LU✓ VJ Cq LJ ;�Q s s m E L Q�— v c ..m-. '� m e C rn Q VJ ° w C m L G O] _ U O] w ° ..0 m +. 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CO 0 E >, u ro _cn 4-, O a tx a) _0 co v) a) , U ca s_ O V' F— CO OD t)A —C a) a) _ 0 1— L.. = Z 0 < . . • • P462 STAFF REPORT ; CITY MANAGERS OFFICE RANCHO Date: February 20, 2013 (aUCAMONGA To: Mayor and Members of the City Council From: John R. Gillison, City Manager By: Tamara L. Layne, Finance Director Subject: RECEIVE MIDYEAR BUDGET UPDATE REPORT RECOMMENDATION Staff requests that the City Council receive and file the attached Midyear Budget Report Card for the six month period ended December 31, 2012. The report is intended to provide the City Council with a brief update on the budgetary performance of the City's operating funds which include the City General Fund, the Library Fund, and the Fire District Operating Funds. is fnancelbudget20131City Council staff reports Widyear Budget Update 2012-13.doc P463 City of Rancho Cucamonga Fiscal Year 2012/13 RANCHO NGA ° C,UCAMO Midyear Budget Report Card OVERVIEW Expenditures. Departmental operating This report summarizes the City's overall financial expenditures.are generally on target as of midyear position for the current fiscal year through as summarized in the following table: December 31, 2012. The focus of this report is the City's operating budget which is comprised of the GWdal' una Y� ° City General Fund, the Library Fund, and the Fire ` � altur ,Uaget,� tt, E.p!nC, Administrative Services 7,147,366 3,332,417 47% District Operating Funds. The revenue projections Animal Care and Services 2,694,820 1,448,199 54% and budgets include necessary adjustments for Building and Safety 2,660,587 1,637,183 62% encumbrances, carryovers, and any supplemental City Clerk 2,290 1,165 51% City Council 138,510 60,984 44% appropriations made by the City Council as of City Management 1,111,030 546,179 49% December 31, 2012. Overall, the City's operating Community Development 168,840 80,124 47% budget for expenditures is performing well as of Community Services 4,226,064 2,394,887 57% midyear and is consistent with the prior year. Engineering 1,843,390 1,001,340 54%Planning 1,850,614 1,212,883 1 66% Generally, revenues are on track with, or slightly Police 29,004,746 14,911,916 51% ahead of, projections and expenditures are on track I Public Works 9,114,366 5,955,857 65% with, or slightly below, historical norms. Records Management 548,810 154,040 28% Factors contributing to a slightly higher percentage GENERAL FUND expended/encumbered in the departmental budgets include the following: General Fund Status. With 50% of the year . Some contracts cover the entire fiscal year complete, General Fund expenditures are at 42% of and must be fully encumbered with a projections (compared to 47% in the prior year) and purchase order at the beginning of the fiscal �► revenues are at 27% (compared to 36% in the prior p g g year). Revenues are typically less during the first year. • Certain overhead cost allocations are half of the fiscal year as a number of the more significant items, including franchise fees and completely allocated at the beginning of the fourth quarter sales tax, are not received until the fiscal year. second half of the fiscal year. Both expenditures Most of the central services departments (in italics and revenues are explained in more detail below. above) have a slightly lower percentage u;Geriera1F,�unci, J°t* * * expended/encumbered as of midyear due to the full mud et � �1c#,> alercent allocation of the City's Cost Allocation Plan (CAP). Revenues $ 63,351,040 $17,020,857 27% The CAP allocation results in a net reduction to the Expenditures $63,757,163 $27,082,702 42% , central service departments General Fund budgets, *Includes carryover purchase orders as these costs have been allocated to non-General The expenditures budget and YTD actual figures Fund sources. above include carryover. purchase orders from the Some savings may occur by the end of the fiscal prior fiscal year and one-time expenditures from year due to the fact that no payments have been reserves for target programs such as Spay/Neuter made for booking fees thus far, and also due to the special events planned for the fiscal year. anticipated reduction in the Property Tax Excluding these charges, the City adopted a Administrative Fee (PTAF) assessed by the County balanced budget for Fiscal Year 2012/13. 11Page P464 ,, w.. City of Rancho Cucamonga 0 Fiscal Year 2012/13 RANCH° UCAMONGA Midyear Budget Report Card C of San Bernardino due to the favorable outcome of a result of SB 89 in 2011, the State took away city recent litigation. VLF revenue to save State law enforcement grant programs. The League of California Cities filed a Top Seven Revenues. The City's top seven petition in the Sacramento County Superior Court in revenues account for about 88% of total General the prior fiscal year challenging the constitutionality Fund revenues (compared to 86% in the prior year). of the State's diversion of vehicle license fee (VLF) Following is a summary of these revenues as the revenues through SB 89 and AB 118 as part of the end of the second quarter: Fiscal Year 2011/12 budget. A decision is expected in the next few months from the Court. Staff will pcontinue to track any new developments in this get Vial „Rec„e1vt . area. Sales tax 24,235,300 6,839,049 28% Vehicle license fees* 14,339,310 91,710 1% Franchise fees 5,765,080 893,660 16% In spite of the State's takeaway of the City's VLF, Property tax 4,650,260 1 2,971,893 1 0 we will continue to receive the property tax in-lieu Development fees 2,831,540 1,467,864 52% of VLF in February and June. Based on discussions Business licenses 2,251,140 821,392 36% Trans.occupancy taxes 1,843,160 913,698 50% with the City's property tax consultant, it is *Includes Property tax in-lieu of VLF anticipated that revenues will come in slightly higher than anticipated for the current fiscal year. Sales Tax. Results to date are far closer to budget estimates than may appear. Due to the "Triple Franchise Fees. We will not receive the largest Flip,” we only receive 75% of our base revenues components of franchise fee revenues — payments from State allocations; the remaining 25% is from Southern California Edison and Southern remitted to us from the County in February and California Gas Company — until April 2013. June via a complicated estimating formula. After Franchise fees from other utilities are in line with adjusting for this, we have received about 37% of overall budget estimates for this point in the fiscal our budgeted revenues as of the end of the second year.. quarter, which is consistent with the prior year. This is due to the timing of our receipts from the Property Tax. The first major apportionment of State and the County. As of the end of the second taxes occurred in late November. It should be noted quarter, we have received four months' allocation of that the current year's budget includes additional sales tax revenues from the State, which is post-RDA property tax revenues of$772,190 due to consistent with the prior year, and six months' the State's elimination of redevelopment agencies in allocation of Prop 172 revenues compared to five February 2012. This portion of the City's property months' in the prior year. Based on discussions taxes was scheduled to be received in January and with the City's sales tax consultant, it appears our June as part of the County of San Bernardino's sales tax revenues are continuing to grow from the distribution of the Redevelopment Property Tax prior year. Revenues are projected to slightly Trust Fund (RPTTF). The City, however, received exceed budget by the end of the fiscal year. its January distribution at the end of December, resulting in a higher collection percentage as of Vehicle License Fees (VLF). As of the end of the midyear compared to the prior year. It is second quarter, we have only received one anticipated that overall property tax revenues will disbursement of VLF from the State which related be in line with budget as of fiscal year end. to excess amounts collected for Fiscal Year 2011/12. This is consistent with the prior year. As 2 1 P a g e P465 City of Rancho Cucamonga .� Fiscal Year 2012/13 RANCHO c .CAMONGA Midyear Budget Report Card Development Fees. Development revenues are pass-through represents approximately 32% of the generally coming in as anticipated, with collection Library's property tax revenues and was scheduled percentages ranging from 51% to 54% which is to be received in January and June as part of the within a normal and accepted range. It should be County's distribution of the Redevelopment noted that development fees are not received in a Property Tax Trust Fund (RPTTF). The Library, linear or proportional manner throughout the fiscal however, received its January distribution at the end year. of December resulting in a higher collection percentage as of midyear compared to the prior Business Licenses. Business license revenues are year. on track with projections. The collection percentage is slightly lower than the prior year but The current year's budget includes additional post- is anticipated to increase with renewed efforts RDA property tax revenues of$133,810 due to the placed into the data sharing agreement with the State's elimination of redevelopment agencies in State Board of Equalization (SBOE). The data February 2012. These revenues will also be obtained from the SBOE assists staff with distributed from the RPTTF. It is anticipated that identifying potentially unlicensed businesses overall property tax revenues will be in line with operating within the City. Also, the bulk of the budget as of fiscal year end. annual license renewals are not received until January. Library expenditures are on target as budgeted. As in the General Fund, expenditures are slightly Transient Occupancy Taxes. TOT revenues are higher than 50% at midyear due to the fact that performing above projections and are also slightly some contracts cover the entire fiscal year and must higher than at this time last year. be fully encumbered with a purchase order at the beginning of the fiscal year; and certain overhead LIBRARY FUND cost allocations are completely allocated at the beginning of the fiscal year. Library Fund Financial Condition. As of the end of the second quarter, Library revenues are at 38% FIRE DISTRICT. of projections (compared to 30% in the prior year) and expenditures are at 57% (compared to 55% in Fire District Financial Condition. With 50% of the prior year). the year complete, Fire District operating revenues are at 47% of projections (compared to 44% in the prior year) and expenditures are at 49% (compared Revenues $ 3,838,330 $ 1,456,326 38% to 44% in the prior year). Expenditures $ 3,945,163 $ 2,229,912 57% *Includes carryover purchase ordersonuw�n alpPecent Revenues $26,472,670 $12,405,275 47% Property tax makes up approximately 84% of the Expenditures $27,348,137 $13,374,250 49% Library Fund's budget (compared to 85% in the *Includes carryover purchase orders prior year). As noted above, the first major apportionment of 2012/13 taxes occurred in late Property tax comprises approximately 91% of the November 2012. The Library's property tax Fire District's operating budget (compared to 82% revenues, however, also include a pass-through in the prior year) which includes the General Fund, from the former Redevelopment Agency. This 3 Page L P466 City of Rancho Cucamonga Fiscal Year 2012/13 RANCHO CUCAMCN CA Midyear Budget Report Card CFD 85-1, and CFD 88-1. The first major apportionment of taxes occurred in late November. It should be noted that the current year's budget includes additional post-RDA property tax revenues of $2,466,380 due to the State's elimination of redevelopment agencies in February 2012. In prior years, these revenues were transferred directly from the Redevelopment Agency to the Fire District and were previously categorized as an operating transfer in. With the elimination of the Redevelopment Agency, the revenue will now be distributed by the County out of its Redevelopment Property Tax Trust Fund (RPTTF) to the Fire District and will be categorized as property tax revenue. This change in revenue category results in a higher percentage of the Fire District's revenues coming from property taxes compared to the prior year. As noted above, these revenues were scheduled to be received in January and June. The Fire District, however, received its January distribution at the end of December, resulting in a higher collection percentage as of midyear compared to the prior year. It is anticipated that overall property tax revenues will be in line with budget as of fiscal year end. The Fire District's expenditures are on track and within budget as of midyear. SUMMARY Overall, the City's operating budget for expenditures is performing well as of midyear and is consistent with the prior year. Generally, revenues are on track with, or slightly ahead of, projections and expenditures are on track with, or slightly below, historical norms. 4 1 P a g e �, ...'• • Z • CO a )N `r1 C a) • .I-J :::,,,,,,,,„„ , O �.,,,,,,,,,. _ r . M :,..t.,44,,,, ,:i4 E v-1 4a-,' -0 z ,:.-:,..,..„,/,?,,,, , c) cr, .T . .;„:,),,,,,..:: 1 m ........... F.NA CL V N D �. 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