HomeMy WebLinkAbout18-20 - Resolution - Recommending Approval of the Fourth Amendment to Development Agreement 01-02 RESOLUTION NO. 18-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
RECOMMENDING APPROVAL OF THE FOURTH AMENDMENT
TO DEVELOPMENT AGREEMENT 01-02, BETWEEN THE CITY
OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND
RANCHO MALL NE, LLC, TO FACILITATE THE TIMING AND
DEVELOPMENT OF A PUBLIC SAFETY FACILITY ON A VACANT
5.33 ACRE PARCEL (APN: 109053106)AND TO INCORPORATE
GENERAL PLAN AMENDMENT DRC2017-00969 AND VICTORIA
GARDENS MASTER PLAN AMENDMENT DRC2017-00971 FOR
THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY
BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL
BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY
CREEK BOULEVARD TO THE WEST.
A. Recitals.
1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC
jointly filed an application for Development Agreement Amendment DRC2017-00970 as
described in the title of this Resolution. Hereinafter in this Resolution, the subject Development
Agreement Amendment is referred to as the "Application." Rancho Mall, LLC and Rancho Mall
NE, LLC are successors in interest in all or portions of the property subject to the Development
Agreement and are hereinafter referred to collectively as "Owner." The City and Owner are
referred to herein as "Applicant."
2. On May 9, 2018, the Planning Commission conducted a duly noticed public
hearing on the Application and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. The Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing on May 9, 2018, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The Application applies to the approximately 174-acre Victoria Gardens
site ("Victoria Gardens"). The Application's primary provisions apply to a 5.33-acre parcel
within Victoria Gardens that was previously approved for a 95-unit condominium development
that is mostly vacant with minimal infrastructure improvements located generally north of the
Victoria Gardens Cultural Center on the northeast corner or Arbor Drive and Cultural Center
Drive within the Victoria Gardens Mall ("Subject Property").
b. Development of Victoria Gardens and the Subject Property is governed by
the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community
PLANNING COMMISSION RESOLUTION NO. 18-20
DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA
May 9, 2018
Page 2
Plan, the City's General Plan, and the Development Agreement between the City and Owner's
predecessor in interest.
c. The property to the north of the Subject Property is designated Mixed Use,
and is partially developed with a winery and single-family residential development. The
property to the west of the Subject Property is designated Mixed Use, and is developed with
multi-family residential units. The Bass Pro Shop and the 1-15 Freeway lie immediately to the
east of the Subject Property with the land further east designated Low-Medium Residential
and Medium Residential within the Etiwanda Specific Plan, and Regional Related
Commercial. The Main Street and Route 66 Areas of the Victoria Gardens Mall are directly
south of the Subject Property, and Foothill Boulevard lies further to the south, beyond which
the land is developed with commercial uses and is designated Regional Related
Office/Commercial.
d. On February 20, 2002 and in accordance with the California Environmental
Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028
(EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master
Plan and related approvals. As the Lead Agency, the City considered the information in the
EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also
adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria
Gardens Master Plan. The Statement of Overriding Considerations found that the economic,
social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and
unavoidable impacts identified in the EIR.
e. Also in 2002, the City entered into Development Agreement 01-02 with
Victoria Gardens-C, LLC for the Victoria Gardens Regional Center. The Development
Agreement has since been amended three times by mutual agreement of the parties. Rancho
Mall, LLC and Rancho Mall NE, LLC are transferees of portions of Victoria Gardens-C, LLC's
interest in Victoria Gardens.
f. On May 6, 2009 and in accordance with the California Environmental
Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH
No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed
amendments to the Victoria Gardens Master Plan and related amendments to the General
Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to
the Development Agreement to allow the development of residential uses in the Main Street
Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160
feet, amend the building setback requirements for the Main Street Area, and clarify permitted
and conditionally permitted uses within Victoria Gardens. At that time, the City Council also
adopted a Statement of Facts and Findings and Overriding Considerations for the project as
the economic, social, or other benefits outweighed the significant and unavoidable impacts
identified in the SEIR.
g. Concurrent with this Application, the Applicant has also applied for General
Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017-
00971, and Tentative Parcel Map TPM 19963. The purpose of these other applications is to
modify Table LU-2 of the General Plan (Victoria GardensNictoria Arbors Land Use Mix) to
reduce the maximum number of residential units in the Victoria Gardens Master Plan's
PLANNING COMMISSION RESOLUTION NO. 18-20
DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA
May 9, 2018
Page 3
Residential Area by 95 units and to increase the maximum number of residential units in the
Main Street Area by 95 units; to rezone the Subject Property from Residential to Civic/Parking
Area; to modify various language in the Victoria Gardens Master Plan to allow the future
development of a public parking lot/structure and police substation on the Subject Property;
and to subdivide the Subject Property lot into 2 parcels, with one parcel consisting of
approximately 1 acre for a future public safety facility and the other parcel of approximately
4.33 acres for a future parking lot and/or parking structure. Collectively, these approvals are
referred to herein as the "Project."
h. As shown in the attached Exhibit "A," the Application proposes to amend
Development Agreement DA01-02 to incorporate the related amendments to the General Plan
and Victoria Gardens Master Plan, so that these amendments will become part of the"Project
Approvals" and "Applicable Regulations" as those terms are defined in the Amended
Development Agreement and thereby convey to the Owner a vested right to develop Victoria
Gardens in accordance with these amendments.
Per Section 17.22.060 of the Development Code, "Development
Agreements have been determined by the City Council to be beneficial to the public in that:
■ Development Agreements increase the certainty in the approval of
development projects, thereby preventing the waste of resources,
reducing the cost of development to the consumer, and encouraging
investment in and commitment to comprehensive planning, all leading
to the maximum efficient utilization of resources at the least economic
cost to the public.
■ Development Agreements provide assurance to the applicant for a
development project that upon approval of the project, the applicant
may proceed with the project in accordance with existing policies, rules
and regulations, and subject to conditions of approval, thereby
strengthening the public planning process, encouraging private
participation in comprehensive planning, and reducing the economic
costs of development.
■ Development Agreements enable the City to plan for and finance public
facilities, including, but not limited to, streets, sewerage, transportation,
drinking water, school, and utility facilities, thereby removing a serious
impediment to the development of new housing."
The proposed Development Agreement Amendment is being made and entered into for the
Project to ensure that the above three goals are fulfilled.
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 Application is consistent with the objectives, policies, and general land
uses specified in the General Plan and any applicable Specific Plans. The proposed
Development Agreement Amendment enables the continued construction of the overall project
PLANNING COMMISSION RESOLUTION NO. 18-20
DEVELOPMENT AGREEMENT DRC2017-00970 —CITY OF RANCHO CUCAMONGA
May 9, 2018
Page 4
within the Victoria Gardens Mall subject to the approval of the amendments to the General Plan,
VGMP, and TPM (General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan
Amendment DRC2017-00971, and Tentative Parcel Map TPM19963, respectively).
b. The Application is compatible and in conformity with public convenience,
general welfare, and good land use and zoning practice. The proposed Development Agreement
Amendment will increase certainty and provide assurances for subsequent development projects
within Victoria Gardens and enable the City to plan for and finance public facilities.
c. The Application will not be detrimental to the health, safety, and general
welfare of the City. The proposed Development Agreement Amendment is the fourth amendment
to incorporate the General Plan Amendment(DRC2017-00969)and Victoria Gardens Master Plan
Amendment (DRC2017-00971) into the vested rights applicable to the Victoria Gardens Mall,
and to facilitate the timing and development of a public safety facility on the Subject Property.
d. The Application will not adversely affect the orderly development of
property or the preservation of property values. The proposed Development Agreement
Amendment will prevent the inefficient use of resources, reduce the public cost of development,
and encourage comprehensive planning.
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 an addendum to the EIR and SEIR is required pursuant to the
California Environmental Quality Act (CEQA) in connection with the review and approval of the
Application based upon the following findings and determinations:
a. Under CEQA Guidelines Section 15162, when an EIR has been previously
certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes
are proposed to the project that will require major revision of the previous EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; (2) substantial changes occur with respect to the
circumstances under which the project is undertaken which will require major revisions of the
previous EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; or (3) new information of
substantial importance, which was not known and could not have been known with the exercise
of reasonable diligence at the time the previous EIR was certified as complete or the Negative
Declaration was adopted.
b. Under CEQA Guidelines Section 15164, the City may prepare an
addendum to an EIR in lieu of a subsequent EIR if the changes to the project or the circumstances
under which the project would be undertaken but which don't meet the conditions described in
Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to
the proposed project.
c. Based on the evaluation of potential environmental impacts of the Project
an addendum was prepared. The addendum analyzed the Project against the original project, as
approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because
the Project shifted uses anticipated within the Mall and that were previously identified and
RESOLUTION NO. 18-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
RECOMMENDING APPROVAL OF THE FOURTH AMENDMENT
TO DEVELOPMENT AGREEMENT 01-02, BETWEEN THE CITY
OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND
RANCHO MALL NE, LLC, TO FACILITATE THE TIMING AND
DEVELOPMENT OF A PUBLIC SAFETY FACILITY ON A VACANT
5.33 ACRE PARCEL (APN: 109053106) AND TO INCORPORATE
GENERAL PLAN AMENDMENT DRC2017-00969 AND VICTORIA
GARDENS MASTER PLAN AMENDMENT DRC2017-00971 FOR
THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY
BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL
BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY
CREEK BOULEVARD TO THE WEST.
A. Recitals.
1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC
jointly filed an application for Development Agreement Amendment DRC2017-00970 as
described in the title of this Resolution. Hereinafter in this Resolution, the subject Development
Agreement Amendment is referred to as the "Application." Rancho Mall, LLC and Rancho Mall
NE, LLC are successors in interest in all or portions of the property subject to the Development
Agreement and are hereinafter referred to collectively as "Owner." The City and Owner are
referred to herein as "Applicant."
2. On May 9, 2018, the Planning Commission conducted a duly noticed public
hearing on the Application and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. The Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing on May 9, 2018, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The Application applies to the approximately 174-acre Victoria Gardens
site ("Victoria Gardens"). The Application's primary provisions apply to a 5.33-acre parcel
within Victoria Gardens that was previously approved for a 95-unit condominium development
that is mostly vacant with minimal infrastructure improvements located generally north of the
Victoria Gardens Cultural Center on the northeast corner or Arbor Drive and Cultural Center
Drive within the Victoria Gardens Mall ("Subject Property").
b. Development of Victoria Gardens and the Subject Property is governed by
the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community
PLANNING COMMISSION RESOLUTION NO. 18-20
DEVELOPMENT AGREEMENT DRC2017-00970 —CITY OF RANCHO CUCAMONGA
May 9, 2018
Page 2
Plan,the City's General Plan, and the Development Agreement between the City and Owner's
predecessor in interest.
c. The property to the north of the Subject Property is designated Mixed Use,
and is partially developed with a winery and single-family residential development. The
property to the west of the Subject Property is designated Mixed Use, and is developed with
multi-family residential units. The Bass Pro Shop and the 1-15 Freeway lie immediately to the
east of the Subject Property with the land further east designated Low-Medium Residential
and Medium Residential within the Etiwanda Specific Plan, and Regional Related
Commercial. The Main Street and Route 66 Areas of the Victoria Gardens Mall are directly
south of the Subject Property, and Foothill Boulevard lies further to the south, beyond which
the land is developed with commercial uses and is designated Regional Related
Office/Commercial.
d. On February 20, 2002 and in accordance with the California Environmental
Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028
(EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master
Plan and related approvals. As the Lead Agency, the City considered the information in the
EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also
adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria
Gardens Master Plan. The Statement of Overriding Considerations found that the economic,
social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and
unavoidable impacts identified in the EIR.
e. Also in 2002, the City entered into Development Agreement 01-02 with
Victoria Gardens-C, LLC for the Victoria Gardens Regional Center. The Development
Agreement has since been amended three times by mutual agreement of the parties. Rancho
Mall, LLC and Rancho Mall NE, LLC are transferees of portions of Victoria Gardens-C, LLC's
interest in Victoria Gardens.
f. On May 6, 2009 and in accordance with the California Environmental
Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH
No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed
amendments to the Victoria Gardens Master Plan and related amendments to the General
Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to
the Development Agreement to allow the development of residential uses in the Main Street
Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160
feet, amend the building setback requirements for the Main Street Area, and clarify permitted
and conditionally permitted uses within Victoria Gardens. At that time, the City Council also
adopted a Statement of Facts and Findings and Overriding Considerations for the project as
the economic, social, or other benefits outweighed the significant and unavoidable impacts
identified in the SEIR.
g. Concurrent with this Application, the Applicant has also applied for General
Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017-
00971, and Tentative Parcel Map TPM 19963. The purpose of these other applications is to
modify Table LU-2 of the General Plan (Victoria GardensNictoria Arbors Land Use Mix) to
reduce the maximum number of residential units in the Victoria Gardens Master Plan's
PLANNING COMMISSION RESOLUTION NO. 18-20
DEVELOPMENT AGREEMENT DRC2017-00970—CITY OF RANCHO CUCAMONGA
May 9, 2018
Page 3
Residential Area by 95 units and to increase the maximum number of residential units in the
Main Street Area by 95 units; to rezone the Subject Property from Residential to Civic/Parking
Area; to modify various language in the Victoria Gardens Master Plan to allow the future
development of a public parking lot/structure and police substation on the Subject Property;
and to subdivide the Subject Property lot into 2 parcels, with one parcel consisting of
approximately 1 acre for a future public safety facility and the other parcel of approximately
4.33 acres for a future parking lot and/or parking structure. Collectively, these approvals are
referred to herein as the "Project."
h. As shown in the attached Exhibit "A," the Application proposes to amend
Development Agreement DA01-02 to incorporate the related amendments to the General Plan
and Victoria Gardens Master Plan, so that these amendments will become part of the "Project
Approvals" and "Applicable Regulations" as those terms are defined in the Amended
Development Agreement and thereby convey to the Owner a vested right to develop Victoria
Gardens in accordance with these amendments.
i. Per Section 17.22.060 of the Development Code, "Development
Agreements have been determined by the City Council to be beneficial to the public in that:
• Development Agreements increase the certainty in the approval of
development projects, thereby preventing the waste of resources,
reducing the cost of development to the consumer, and encouraging
investment in and commitment to comprehensive planning, all leading
to the maximum efficient utilization of resources at the least economic
cost to the public.
• Development Agreements provide assurance to the applicant for a
development project that upon approval of the project, the applicant
may proceed with the project in accordance with existing policies, rules
and regulations, and subject to conditions of approval, thereby
strengthening the public planning process, encouraging private
participation in comprehensive planning, and reducing the economic
costs of development.
• Development Agreements enable the City to plan for and finance public
facilities, including, but not limited to, streets, sewerage, transportation,
drinking water, school, and utility facilities, thereby removing a serious
impediment to the development of new housing."
The proposed Development Agreement Amendment is being made and entered into for the
Project to ensure that the above three goals are fulfilled.
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 Application is consistent with the objectives, policies, and general land
uses specified in the General Plan and any applicable Specific Plans. The proposed
Development Agreement Amendment enables the continued construction of the overall project
PLANNING COMMISSION RESOLUTION NO. 18-20
DEVELOPMENT AGREEMENT DRC2017-00970— CITY OF RANCHO CUCAMONGA
May 9, 2018
Page 4
within the Victoria Gardens Mall subject to the approval of the amendments to the General Plan,
VGMP, and TPM (General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan
Amendment DRC2017-00971, and Tentative Parcel Map TPM19963, respectively).
b. The Application is compatible and in conformity with public convenience,
general welfare, and good land use and zoning practice. The proposed Development Agreement
Amendment will increase certainty and provide assurances for subsequent development projects
within Victoria Gardens and enable the City to plan for and finance public facilities.
c. The Application will not be detrimental to the health, safety, and general
welfare of the City. The proposed Development Agreement Amendment is the fourth amendment
to incorporate the General Plan Amendment(DRC2017-00969) and Victoria Gardens Master Plan
Amendment (DRC2017-00971) into the vested rights applicable to the Victoria Gardens Mall,
and to facilitate the timing and development of a public safety facility on the Subject Property.
d. The Application will not adversely affect the orderly development of
property or the preservation of property values. The proposed Development Agreement
Amendment will prevent the inefficient use of resources, reduce the public cost of development,
and encourage comprehensive planning.
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 an addendum to the EIR and SEIR is required pursuant to the
California Environmental Quality Act (CEQA) in connection with the review and approval of the
Application based upon the following findings and determinations:
a. Under CEQA Guidelines Section 15162, when an EIR has been previously
certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes
are proposed to the project that will require major revision of the previous EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; (2) substantial changes occur with respect to the
circumstances under which the project is undertaken which will require major revisions of the
previous EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; or (3) new information of
substantial importance, which was not known and could not have been known with the exercise
of reasonable diligence at the time the previous EIR was certified as complete or the Negative
Declaration was adopted.
b. Under CEQA Guidelines Section 15164, the City may prepare an
addendum to an EIR in lieu of a subsequent EIR if the changes to the project or the circumstances
under which the project would be undertaken don't meet the conditions described in Section
15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the
proposed project.
c. Based on the evaluation of potential environmental impacts of the Project
an addendum was prepared. The addendum analyzed the Project against the original project, as
approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because
the Project shifted uses anticipated within the Mall and that were previously identified and
PLANNING COMMISSION RESOLUTION NO. 18-20
DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA
May 9, 2018
Page 5
approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project
created no new impacts and were no more significant than the original project. Additionally, key
topics such as Noise, Traffic and Circulation and Cultural Impacts had been completed to further
analyze impacts related to recirculating traffic within Victoria Gardens due to the development of
parking on the Subject Property.
d. Based on the totality of the administrative record,the Planning Commission
finds in connection with the Application, that substantial changes to the original project or the
circumstances surrounding the original project have not occurred which would create new or more
severe impacts than those evaluated in the previously certified EIR and SEIR, that no new
information has come to light that was known or could have known at the time the EIR and SIER
were adopted, and that the addendum to the EIR and SEIR complies with the requirements of
CEQA and recommends that the City Council adopt the addendum as being prepared in
compliance with CEQA. The purpose of the Application is to incorporate the General Plan
Amendment and Victoria Gardens Master Plan Amendment into the Development Agreement and
facilitate the timing and development of the public safety facility on the Subject Property.
e. Staff further finds that the addendum to the EIR and SEIR is in compliance
with CEQA as the Project will not have more significant effects than discussed in the previously
certified EIR and SEIR for the original project, not have more severe effects than previously
analyzed for the original project, and that additional or different mitigation measures are not
required to reduce the impacts of the proposed project to a level of less than significant.
5. On the basis of the foregoing and the totality of the administrative record before it,
the Planning Commission hereby recommends that the City Council adopt the addendum to the
EIR and SEIR and approve Development Agreement Amendment DRC2017-00970 as shown in
Attachment A.
The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2018.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST:
Q)d1/4-"*--
Candydd Burnett, Secretary
PLANNING COMMISSION RESOLUTION NO. 18-20
DEVELOPMENT AGREEMENT DRC2017-00970—CITY OF RANCHO CUCAMONGA
May 9, 2018
Page 6
I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 9th day of May 2018, by the following vote-to-wit:
AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Clerk
APNs:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from Recording Fees Pursuant to Government Code Section 27383
FOURTH AMENDMENT TO DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF
RANCHO CUCAMONGA, RANCHO MALL, LLC,AND
RANCHO MALL NE, LLC
THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT ("Fourth
Amendment") is made and entered into as of this day of , 2018,by and between
the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city("City"),
RANCHO MALL, LLC, a Delaware Limited Liability Company("Mall Owner"), and RANCHO
MALL NE, LLC, a Delaware Limited Liability Company("NE Parcel Lessee") (collectively,Mall
Owner and NE Parcel Lessee are sometimes referred to herein as "Owner").
Recitals
A. The purpose of this Fourth Amendment is to incorporate into the Amended
Development Agreement, as defined below, those amendments to the General Plan and the
Victoria Gardens Master Plan that the City approved on [DATE] (collectively, the "2018
Amendments"), which are attached hereto as Exhibits 1 and 2 and incorporated into this Fourth
Amendment as if set forth in full herein. It is the Parties' mutual intent that the 2018 Amendments
become part of the "Project Approvals" and "Applicable Regulations" as those terms are defined
in the Amended Development Agreement.
B. The purpose of this Fourth Amendment is also to set forth the timing and
process by which Owner is expected to provide to City a public safety facility shell on land
currently owned by City within the Victoria Gardens Master Plan area. City is expected to use the
Public Safety Facility Shell as a police substation and for other public safety and civic activities.
C. Concurrently with the approval of this Fourth Amendment, City and NE
Parcel Lessee entered into that certain ground lease dated [INSERT DATE] (the"Ground Lease").
Pursuant to the Ground Lease, NE Parcel Lessee has the right to construct and operate public
parking on a surface parking lot and/or in a parking structure on a parcel of land owned by City
and more particularly described in Exhibit"F" (the "Ground Lease Parcel").
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ATTACHMENT A d°c
D. On [DATE], after holding a duly noticed public hearing, the Planning
Commission of the City of Rancho Cucamonga recommended the approval of this Fourth
Amendment.
E. On [DATE], the City Council of the City of Rancho Cucamonga, adopted
Ordinance No. , approving this Fourth Amendment.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, City and Owner hereby amend that certain Development
Agreement between them, dated February 20, 2002, and as previously amended by the First
Amendment to Development Agreement, dated May 7, 2003, the Second Amendment to
Development Agreement, dated June 18, 2003, and the Third Amendment to Development
Agreement, dated May 20, 2009 (as amended, the "Amended Development Agreement").
Amendment
1. Recital G of the Amended Development Agreement is hereby amended to
read as follows:
"G. A depiction of the Tentative Map is attached hereto and
incorporated herein as Exhibit "C". For purposes of this Agreement, the "Project
Approvals" include: the General Plan, the Victoria Community Plan, the Victoria
Arbors Master Plan, the EIR and Mitigation Monitoring Program, the Victoria
Gardens Master Plan (including, but not limited to the Master Plan Signage
program), Tentative Map, and any amendments to the foregoing approved by the
City on or before the Effective Date; any amendments to the foregoing documents
adopted by the City on May 20, 2009 and [DATE OF THE FOURTH
AMENDMENT]; and the 2009 Amendments and 2018 Amendments to the
foregoing documents."
2. Section III.B.6. of the Amended Development Agreement is hereby added
to read as follows:
"Location of Residential Units. As part of the 2018 Amendments,
the Master Plan and General Plan were amended to reduce the maximum number
of residential dwelling units in the Master Plan's Residential Area by 95 units and
to increase the maximum number of residential dwelling units in the Master Plan's
Main Street Area by 95 units. City approved the 2018 Amendments, including the
Master Plan and General Plan amendments, in good faith reliance on NE Parcel
Lessee's plan to develop additional parking on the Ground Lease Parcel, in
accordance with the terms of the Ground Lease, and to deliver to City the Public
Safety Facility Shell on the Public Safety Parcel. The terms "Ground Lease,"
"Ground Lease Parcel," "Public Safety Facility Shell," and "Public Safety Parcel"
are defined in the Recitals to the Fourth Amendment and Section III.M. If NE
Parcel Lessee fails to develop a surface parking lot and/or parking structure on the
Ground Lease Parcel in accordance with the Ground Lease or the Ground Lease
expires or is terminated for any reason, then, notwithstanding anything to the
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contrary in this Agreement, City shall have the right to amend the Master Plan and
the General Plan in order to relocate the developable area for the 95 residential
dwelling units within the Master Plan, and the Project Approvals and Applicable
Rules shall be deemed to incorporate the relocation, provided that such
amendments shall not be applied to any of the 95 residential dwelling units (i.e.,
the five hundred and sixth(506th) and all further residential dwelling units located
on the Property)constructed by Owner prior to City's approval of the amendments.
Owner agrees not to oppose City's efforts to amend the Master Plan and the General
Plan provided the amendments are limited to relocation of the 95 residential units.
Owner shall pay or reimburse the City's then-current application and processing
fees for the Master Plan and General Plan amendments necessary to accomplish the
relocation. City shall submit an invoice to Owner for such fees, and Owner shall
pay the invoice within thirty(30) days of receipt.
Notwithstanding the foregoing, City may not without the prior written consent of
Owner hereafter amend the Master Plan and General Plan in order to relocate the
developable area for the 95 residential dwelling units within the Master Plan if,
prior to City initiating the Master Plan and General Plan amendments pursuant to
the preceding paragraph, Owner has completed and delivered the Public Safety
Facility Shell, as defined in Section III.M.1. For the avoidance of any doubt, City
may amend the Master Plan and General Plan in order to relocate the developable
area for the 95 residential dwelling units if Owner satisfies its obligation to deliver
the completed Public Safety Facility Shell by paying to the City the sum described
in Section III.M.5(ii)."
3. Section III.D. of the Amended Development Agreement is hereby amended
to read as follows:
"Permitted Fees. Except as otherwise provided in this Agreement,
and specifically excluding fees set by entities not controlled by City that are
collected by City, City shall only charge and impose those fees and exactions,
including,without limitation,dedications and any other fee or tax(including excise,
construction or any other tax) relating to development or the privilege of
developing, in the amount, if any, in effect on a City-wide basis as of the Effective
Date. Owner shall only be responsible for payment of those development fees listed
in the attached Exhibit "D"to be calculated as indicated therein. Notwithstanding
the foregoing, City may charge and impose those fees and exactions, including,
without limitation, dedications and any other fee or tax (including excise,
construction or any other tax) relating to development or the privilege of
developing, in the then current amounts when such fees and/or exactions are due
for (i) any surface parking lots and/or parking structures located on the Ground
Lease Parcel; and (ii) the five hundred and sixth (506th) and all further residential
dwelling units located on the Property. City will not impose any processing fees
and/or exactions against Owner in connection with development of the Public
Safety Facility Shell.
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This Section shall not be construed to (i) limit fees charged by agencies or utility
providers other than the City; or(ii) except as provided in the last two sentences of
the preceding paragraph, limit the authority of City to charge customary
application, processing, and permit approvals, building permits and other similar
normal and fees for land use permits, which fees are designed to reimburse City's
expenses attributable to such application,processing and permitting and are in force
and effect on a City-wide basis at such time as said approvals and permits are
granted by City."
4. Section III.M. of the Amended Development Agreement is hereby added to
read as follows:
"M. Public Safety Facility Shell.
1. Development of Public Safety Facility Shell.
Provided the obligation to do so has been triggered by the condition specified below
in this paragraph,the NE Parcel Lessee shall be required to develop, construct, and
deliver to City, within the time specified in Section III.M.3 below, the cold, dark
shell of a building of approximately 6,300 square feet in accordance with
performance standards, materials, and specifications set forth in Exhibit "H" and
the final construction drawings, as described in Section III.M.3 ("Public Safety
Facility Shell") on property owned by City and more particularly described in
Exhibit "G" (the "Public Safety Parcel"). NE Parcel Lessee's obligation to
construct and deliver the Public Safety Facility Shell shall be triggered only if and
when NE Parcel Lessee obtains a building permit from City and commences
construction of a surface parking lot and/or parking structure on the Ground Lease
Parcel. Once the obligation is triggered, NE Parcel Lessee shall develop and
construct the Public Safety Facility Shell in accordance with the requirements of
this Section.
2. Notice of Parking Development; Application of
Spaces. At the earliest practicable time, NE Parcel Lessee shall provide written
notice to City of its intent to begin construction drawings for a surface parking lot
and/or parking structure on the Ground Lease Parcel, but in no case later than the
date Owner enters into a contract for the construction of the surface parking lot
and/or parking structure. Evidence of Owner's intent to begin construction
drawings for a surface parking lot and/or parking structure may include soliciting
proposals for or contracting with an architectural or engineering firm to prepare
construction drawings for a surface parking lot and/or parking structure on the
Ground Lease Parcel.
3. Timing of Public Safety Facility Shell Development;
Design Drawings. Prior to NE Parcel Lessee developing the Public Safety Facility
Shell, City will prepare and provide NE Parcel Lessee with City-approved
construction drawings and building permits for the Public Safety Facility Shell that
substantially comply with the performance standards, materials, and specifications
set forth in Exhibit"H." Within twelve(12)months of receipt of the City-approved
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construction drawings and building permits, NE Parcel Lessee shall deliver the
Public Safety Facility Shell to City.
4. Delivery of Public Safety Facility Shell. The Public
Safety Facility Shell shall be deemed delivered to City at such time that the City
Engineer or his or her designee has performed a final inspection of the Public Safety
Facility Shell and determined that the building is free from any deficiencies and
conforms to the performance standards and specifications set forth in Exhibit "H."
Such determination shall not be unreasonably delayed or withheld by the City, and
once the Public Safety Facility Shell construction is substantially complete the City
shall from time to time provide Owner with a written punch list of remaining
incomplete or deficient items. The punch list shall be provided within ten(10)days
of a written request therefor from NE Parcel Lessee. The City Engineer or his or
her designee will perform a final inspection promptly after Owner informs City that
the Public Safety Facility Shell is complete. Within twelve(12) months following
delivery of the completed Public Safety Facility Shell, City shall vacate the leased
substation premises on Mall Owner's property and relinquish such premises to Mall
Owner.
5. Remedies for Failure to Timely Deliver Public
Safety Facility Shell. If NE Parcel Lessee fails to deliver the Public Safety Facility
Shell within the time period set forth in Section III.M.3, plus any period of force
majeure extension applicable under this Agreement, then such failure shall not be
deemed a default by Mall Owner under this Agreement giving rise to any right of
the City to terminate this Agreement or to other remedies not specified in this
Section III.M.5,but City shall have the following as its sole and exclusive remedies
for such failure by NE Parcel Lessee:
(i) City shall, prior to exercising any of the other remedies
below in this Section, give written notice to NE Parcel Lessee and Mall Owner and
provide a period of sixty (60) days from the date of notice in which NE Parcel
Lessee may cure the default. The notice shall include an invitation to meet and
confer at a mutually convenient time during the ten (10) day period following the
date of the notice,to discuss the reasons for the default,the status and circumstances
of the Public Safety Facility Shell construction, and the potential for a cure. Also
during this 60-day cure period, City shall obtain and provide to Owner an
independent engineer's estimate of the reasonable remaining costs to complete the
Public Safety Facility from the state of completion which existed at the time of the
default notice. NE Parcel Lessee shall reimburse the City's cost, not to exceed
fifteen thousand dollars ($15,000), for the independent engineer's completion cost
estimate. Commencing on the one year anniversary of the effective date of this
Fourth Amendment and each 12 months thereafter, the fifteen thousand dollar
($15,000) amount shall be adjusted based upon the percentage change in the
Engineering News Record Construction Cost Index for Los Angeles County for the
twelve-month period ending in the month preceding the anniversary date.
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(ii) If the Public Safety Facility Shell has not been completed in
accordance with this Agreement by the end of the sixty(60) day cure period, then
Owner, at its option, may effectuate a cure and be deemed to have satisfied its
obligation to deliver the completed Public Safety Facility Shell, by paying to the
City within ten (10) days following expiration of the sixty(60) day cure period, an
amount equal to one hundred twenty-five percent (125%) of the completion cost
estimate provided by the City's independent engineer. Owner shall thereafter
cooperate in turning over the jobsite, plans, and construction records (and, to the
extent desired and requested by City, assigning any permits and contracts for the
work over to the City) in order to facilitate the City's takeover of the construction
and completion of the Public Safety Facility Shell. A cure effectuated under this
paragraph shall be effective for all purposes due to a default arising out of this
Section III.M, except that it shall not prevent City from relocating the 95 residential
dwelling units under the last paragraph of Section III.B.6 above.
(iii) Only after Owner has failed to cure the default under either
of the two preceding paragraphs, City may impose by written notice to Owner the
following additional remedy: Owner shall thereafter have no right to receive, and
City shall have no obligation to approve, building permits for new buildings or
structures or the expansion of existing buildings or structures on the Property,until
such time as the Public Safety Facility is delivered to the City, except (A) on the
parcel described in Exhibit "I" (the "Northwest Parcel"); (B) any other work
already under construction pursuant to a valid building permit prior to the start of
the sixty(60) day cure period; and(C)tenant improvement,remodeling,repair and
reconstruction work on existing buildings and structures that do not expand
building floor area.
6. Prevailing Wages. The Public Safety Facility shall
be constructed as a public work of improvement for which prevailing wages shall
be paid and,if applicable,bonds provided under Labor Code Section 1781(a)(2)(C).
City and its contractors and subcontractors shall pay prevailing wages and employ
apprentices in compliance with Labor Code Section 1770, et seq., and shall be
responsible for the keeping of all records required pursuant to Labor Code Section
1776, complying with the maximum hours requirements of Labor Code Sections
1810 through 1815, and complying with all regulations and statutory requirements
pertaining thereto. Upon the periodic request of City, Owner shall certify to City
that it is in compliance with the requirements of this Section. Owner shall
indemnify, protect, defend and hold harmless City and its officers, employees,
contractors and agents, with counsel reasonably acceptable to City, from and
against any and all loss, liability, damage, claim, cost, expense and/or "increased
costs" (including reasonable attorneys' fees, court and litigation costs, and fees of
expert witnesses) which, in connection with the development, construction, and/or
operation of the Public Safety Facility Shell, results or arises in any way from any
of the following: (a) the noncompliance by Owner with any applicable federal
and/or state labor laws(including,without limitation,if applicable,the requirement
to pay state prevailing wages); (b)the implementation of Section 1781 of the Labor
Code, as the same may be amended from time to time, or any other similar law;
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and/or (c) failure by Owner to provide any required disclosure or identification as
required by Labor Code Section 1781, as the same may be amended from time to
time, or any other similar law. It is agreed by the parties that, in connection with
the development of the Public Safety Facility Shell, Owner shall bear all risks of
payment or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended from
time to time, and/or any other similar law. "Increased costs," as used in this
Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the
same may be amended from time to time. The foregoing indemnity shall survive
termination of this Agreement."
7. Meet and Confer. Beginning on July 1, 2019, and
annually thereafter, City and Owner shall meet and confer to discuss the status of
development on the Property and compliance with the requirements of this Section.
8. Credit Toward Satisfying Parking Requirements.
City agrees that parking spaces constructed on the Ground Lease Parcel pursuant
to the Ground Lease shall be credited toward parking requirements applicable to
development on portions of the Property that are owned by Mall Owner on the date
of the Fourth Amendment; provided, however, that Mall Owner shall submit a
shared parking study for City's reasonable approval before such parking spaces
may be credited toward parking requirements for a residential use.
5. Pursuant to Section V.B. of the Amended Development Agreement,Rancho
Mall, LLC and Rancho Mall NE, LLC are transferees of interests in all or portions of the real
property comprising the Property, as defined in the Amended Development Agreement, and
previously owned by Victoria Gardens-C, LLC. Rancho Mall, LLC and Rancho Mall NE, LLC
hereby agree to be subject to all of the provisions of the Amended Development Agreement
applicable to the portions of the Property under their respective ownership and control. Notices
required by this Amended Development Agreement shall be delivered to Rancho Mall, LLC and
Rancho Mall NE, LLC as follows:
Rancho Mall, LLC
c/o QIC
222 N. Sepulveda Blvd., Suite 2350
El Segundo, CA 90245
Attn: Brenton Watson
Rancho Mall NE, LLC
c/o QIC
222 N. Sepulveda Blvd., Suite 2350
El Segundo, CA 90245
Attn: Brenton Watson
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6. Except for the amendments expressly made herein, the Amended
Development Agreement remains unmodified and in full force and effect.
7. Pursuant to Section 65868.8 of the Government Code, the Parties shall
mutually assure that a copy of this Fourth Amendment is recorded against the Property with the
County Recorder of San Bernardino County within ten (10) days after the effective date of this
Fourth Amendment.
IN WITNESS WHEREOF, Owner and City have executed this Fourth Amendment as of the date
first hereinabove written.
"City" "Owner"
CITY OF RANCHO CUCAMONGA RANCHO MALL, LLC,
a Municipal Corporation a Delaware Limited Liability Company
By: By:
Mayor
Its:
Attest: RANCHO MALL NE, LLC,
City Clerk a Delaware Limited Liability Company
By:
Approved as to Form:
Its:
By:
City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of )
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of )
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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Exhibit "1"
General Plan Amendment
Provided as Attachment"A" to the Draft Resolution Recommending Approval of General Plan
Amendment DRC2017-00969
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Exhibit"2"
Victoria Gardens Master Plan Amendment
Provided as Attachment "A"to the Draft Resolution Recommending Approval of Victoria
Gardens Master Plan Amendment DRC2017-00971
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Exhibit"F"
Ground Lease Parcel
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Exhibit"G"
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Exhibit"H"
Public Safety Facility Performance Standards, Materials, and Specifications
Pursuant to Section III.M. of that certain Amended Development Agreement by and between the
City of Rancho Cucamonga,Rancho Mall, LLC ("Mall Owner"), and Rancho Mall NE, LLC("NE
Parcel Lessee") (collectively, Mall Owner and NE Parcel Lessee are sometimes referred to herein
as "Owner"), shall be required to develop, construct, and deliver to City the cold, dark shell of a
building of approximately 6,300 square feet in accordance with the performance standards,
materials, and specifications set forth in this Exhibit "H" and the final construction drawings
provided to Owner by City. Owner shall not be obligated to construct the building except as
described in this Exhibit"H"and the final construction drawings. Where two (2) alternative types
of materials or structures are indicated, Owner will have the option of using either, and where no
type of material or structure is indicated, Owner shall select the type of material or structure to be
used with prior consent of the City. References to the California Building Code and City of Rancho
Cucamonga Standards are to those regulations and standards then in effect when City provides
Owner building permits for the building.
Site: Owner shall provide site improvements including:
Landscape and irrigation: landscape and irrigation per City of Rancho Cucamonga
standards.
Parking: 24 parking stalls per site plan with asphalt parking base designed for a traffic
index of 5.0 consisting of no less than 3" thick asphalt concrete pavement and 4" thick
crushed miscellaneous base. Parking lot striping shall be provided per City of Rancho
Cucamonga standards.
Sidewalks and Curbs: concrete sidewalk and curbs as per site plan and in accordance with
California Building Code Title 24.
Signage: Accessible site signage in accordance with California Building Code Title 24.
Fence: an 8' high fence with main supports at 8' o.c. Fence shall be constructed of Wire
Works Anti-Climb Mesh and Impasse II Rails and Posts as manufactured by Ameristar
Fence Company installed per manufacturer's recommendations, or equal as approved by
the City of Rancho Cucamonga if unavailable at the time of construction. Vehicle gate to
be provided by City of Rancho Cucamonga.
Parking Lot Lighting: parking lot lighting to provide a minimum of 2 FC as measured on
the parking surface. Parking lot light fixture to be Lithonia Lighting D-Series, Size 0 LED
Area Luminaire (Model DSXO LED 40C 1000 50K T4M MVOLT SPUMBA PIRH
DXXXX) or equal as approved by the City of Rancho Cucamonga if unavailable at the
time of construction. Color to be as specified in the final construction drawings.
Floors: Owner shall provide an exposed smooth finished structural concrete,2'-0"wide perimeter
footing at all perimeter walls. City of Rancho Cucamonga shall be responsible for providing
interior slab, waterproofing, penetrations, and connection to perimeter footing.
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Perimeter Building Walls: Perimeter building walls shall be constructed of 8" concrete masonry
units and storefront glazing and opening per plans. Concrete masonry unit shall be Angelus Block
or equal.
Clear Height: Owner shall provide a clear height of 12'-6"to the bottom of the roof structure.
Roof: Owner shall provide fully adhered, flexible sheet roofing membrane or equal with 15 year
NDL warranty.
Storefront: Owner shall provide a storefront, per plans consisting of storefront glazing and doors,
to be Arcadia Series TC670 or equal with tinted, insulated glass per then existing California
Building Code , Title 24. Necessary upgrades shall be by the City of Rancho Cucamonga.
Rear Door: Owner shall provide a 3'-0" x 7'-0" hollow metal egress door with standard lockset
hardware to the exterior of the building or service corridor. Door shall be painted on Common
Area side only.
Electrical: Owner shall provide for 480/277 volt, 3-phase, 4-wire, electrical service section from
a central distribution point. Owner shall provide (i) an empty meter base, (ii) a breaker frame at
meter board (100 amp minimum), and (iii) an empty conduit (2" trade size minimum) stubbed to
the Premises. Size of service shall be, at a minimum, 600 amps.
Heating, Ventilating, & Air Conditioning ("HVAC"): All HVAC roof mounted package
equipment, exhaust fans,roof vents, and roof curbs to be provided by City of Rancho Cucamonga.
Owner shall provide appropriate roof structure to support proposed HVAC roof mounted
equipment provided that information is provided prior to the commencement of construction,
otherwise City of Rancho Cucamonga shall be responsible for the necessary support. Owner shall
provide an electrical conduit stub and condensate line through the roof for City of Rancho
Cucamonga's connection of the unit. All connections and start-up of the HVAC units shall be the
responsibility of the City of Rancho Cucamonga, including electrical hook-up, thermostat,
condensate lines and distribution within the Public Safety Building. City of Rancho Cucamonga
shall be responsible for all roof penetrations, except that roof penetrations will not void roof
warranty.
Plumbing:
Domestic Water Service: At a minimum, Owner shall provide a one inch (1") water line
stubbed to rear of the Premises. City of Rancho Cucamonga shall be responsible for all
meters and connection fees.
Sanitary Sewer: Owner shall provide a four inch (4") sanitary sewer line stubbed to the
Premises and located below finish floor.
Gas: No gas to be provided.
Telephone: At a minimum, Owner shall provide a single four inch (4") empty conduit from the
main telephone backboard to the Public Safety Building for City of Rancho Cucamonga's
installation of communication lines.
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Fire Sprinklers: Owner shall provide a fire sprinkler system including upright heads for the
protection of the open shell building space only, without ceilings. Fire sprinkler system shall be
designed to a density and head spacing conforming with NFPA requirements and local fire
jurisdiction for ordinary hazard occupancies, with up-turned heads only.
Fire Alarm: To be provided by City of Rancho Cucamonga.
NPDES Compliance: Owner shall prepare the Water Quality Management Plan in conjunction
with the precise grading design and shall provide improvements necessary to comply with the
WQMP and then current NPDES and storm water permit requirements.
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IIIL
Exhibit"I"
Northwest Parcel
NORTHWEST PARCEL - PARCEL MAP NO. 15716-1
1 PARCEL MAP NO. 15641
I P.M.B.192/93-100
.-- '/ CHURCH STREET
47 48
NW PARCEL B r A
/ / / / / D� 6=
DESIGNATED
REMAINcc PARC DL R C 1 N.A.P. 4—� 8 7 . E g N.A.P.
/6.384AC 4' 2 F-3 I 5 r
0 12 19
wea i
10G 13 id fa 15 17 I 1 120
o U 11 14 H K 18
} ,«nN 22
34
aN Q 25 M9 N map
2 /
2 is 130 31 33 b`l� 38 ��
-+ ):ate. Q ' 4i-
40 41 45
I VICTORIA GARDENS LANE
FOOTHILL BOULEVARD (ROUTE 66)
1 f [
t_
LAND
74° c...Y c. S
v r.- �01 o 600 300 0 600
* Exp. 6/30/2004 *
No. 3640 GRAPHIC SCALE
4-
PREPARED ,.'"1+/t' THE SUPERVISION OF: LEGEND
i lift . 2j-03
P' '71 INDICATES SUBJECT PARCEL AREA
— INDICATES SUBJECT PARCEL LINE
STANLEY C. MORSE L 3640 (EXPIRES 6/30/200 INDICATES EXISTING PARCEL LINE
I:\46606\MAPPING\PRCL-NWA 05-29-03
24 of 24
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