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HomeMy WebLinkAbout2000/11/01 - Agenda Packet CITY 1050,d (~'i~ic ¢~nte,pB'rive Rancho Cuc~mohga~A 91730 City Office: (909) 477-2700 AGENDAS ? REDEVELOPMENT AGENCY =' FIRE PROTECTION DISTRICT CITY COUNCIL REGULAR MEETINGS: 1ST and 3rd Wednesdays, 7:00 p.m. November 1, 2000 Aqencv, Board & City Council Members William J. Alexander ....................Mayor Diane Williams ...............Mayor Pro Tem Paul Biane ...............................Member James V. Curatalo .....................Member Bob Dutton ..............................Member Jack Lam .........................City Manager James L. Markman .............City Attorney Debra J. Adams .....................City Clerk 5:00 p.m. 7:00 p.m. ORDER OF BUSINESS Special Closed Session ...................... Tapia Conference Room Regular Redevelopment Agency Meeting ...... Council Chambers Regular Fire Protection District Meeting ....... Council Chambers Regular City Council Meeting ......................Council Chambers City Council Agenda November 1, 2000 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's Office receives all such \ items. A. CALL TO ORDER 1. Roll Call: Alexander Biane Curatalo__ Dutton , and Williams__ B. ANNOUNCEMENTS/PRESENTATIONS 1. Proclamation Honoring Senator Nell Soto. C.=. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D~ CONSENTCALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: October 4, 2000 2. Approval of Warrants, Register Nos. 10/11/00 and 10/18/00 and Payroll ending 10/8/00 for the total amount of $1,889,086.53. 3. Approval of the revision to the bid award for the construction of foundation improvements for rehabilitation of the Isle House to include Time and Materials for the replacement of floor joists and floor girders and an increase in the bid amount from $91,514.50 to $127,730.44 (a difference of $36,215.94), to be funded from CDBG funds, Account No. 120431456501181). 4. Approval to authorize the advedising of the "Notice Inviting Bids" for Corporate Yard Building Improvements in the amount of $22,000.00 ($20,000.00 plus 10% contingency) funded from Account Number 01- 4637-7043 (1001-316-5602). 10 12 City Council Agenda November 1, 2000 RESOLUTION NO. 00-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CORPORATE YARD BUILDING IMPROVEMENTS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Approval of Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance Nos. 1 and 6 for Minor Development Review 99-46, located at 8388 Utica Avenue, submitted by Vanguard Tool. RESOLUTION NO. 00-225 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 AND STREET LIGHTING MAINTENANCE NOS. 1 AND 6 FOR MDR 99-46 Approval for release of two Real Property Improvement Contract and Lien Agreements for Parcel Map 15282 and those parcels located within the block of land bounded by Foothill Boulevard, Spruce Avenue, Aspen Street and Laurel Street, submitted by S & D Rancho Cucarnonga California, Ltd. RESOLUTION NO. 00-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING TVVO REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENTS ON THOSE PARCELS WITHIN THE BLOCK OF LAND BOUNDED BY FOOTHILL BOULEVARD, SPRUCE AVENUE, ASPEN STREET AND LAUREL STREET Approval of Improvement Agreement Amendment for Tract 14381, located on the north side of Wilson Avenue, west of Etiwanda Avenue, submitted by Master Craft .Homes and General Electric Capital Corporation. RESOLUTION NO. 00-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14381 IMPROVEMENT AGREEMENT AMENDMENT 13 17 18 25 27 29 31 City Council Agenda November 1, 2000 8. Approval to enter into Communications Site Ground Lease Agreement (CO 00-074) at Heritage, Hermosa and Windrows Parks between AT&T Wireless Services, Inc., a Delaware Corporation and the City of Rancho Cucamonga for the purpose of installing a wireless communication facility for AT&T's personal communication service. 9. Approval and execution of. a Professional Services Agreement in the amount not to exceed $200,000 with the Clean Fuel Connection, Inc., (CO 00-075) for the design, construction, and related project management for the installation of Electric Vehicle Charging Stations at eleven city locations. Agreement is funded from Account 1124303- 5650/1276124-0. 10. Approval of a Professional Services Agreement with RMA Group (CO 00-076) to provide Geotechnical and Material Testing Services for the proposed Hermosa Storm Drain and Street Widening - Phase I Improvements, in the amount of $32,247.60 $29,316.00 plus 10% contingency), to be funded from Redevelopment Agency Funds, Account No. 15-51000 (old) or 26408015602 (new). 11. Approval of a Professional Services Agreement with SB&O, Inc. (CO 00-077) to provide Construction Survey Services for the proposed Hermosa Storm Drain and Street Widening - Phase I Improvements, in the amount of $37,675 ($34,250.00 plus 10% contingency), to be funded from Redevelopment Agency funds, Account No. 15-51000 (old) or 26408015602 (new). 12. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $3,395,889.20 ($3,087,172.00 plus 10% contingency) to the apparent low bidder, Southern California Underground Contractors (CO 00-078), for the construction of the Lower Hermosa Storm Drain and Street Widening - Phase I, to be funded from RDA Account No. 15-51000 (old) or 26408015602 (new). 13. Approval of a Resolution approving the form of a Joint Community Facilities Financing Agreement (CO 00-079) by and between the City and the Cucamonga County Water District pertaining to Community Facilities District 2000-02 (Rancho Cucamonga Corporate Park). RESOLUTION NO. 00-228 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) 33 35 38 4O 42 46 48 City Council Agenda November 1, 2000 14. Approval of a Resolution approving the form of a Joint Community Facilities Financing Agreement (CO 00-080) by and between the City and the Cucamonga County Water District pertaining to Community Facilities District 2000-01 (South Etiwanda). RESOLUTION NO. 00-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 15. Approval of a Resolution of the City Council acting as the Legislative Body of Community Facilities District No. 2000-03 (Rancho Summit) declaring the results of a Special Election. RESOLUTION NO. 00-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT 16. Approval to accept the Golden Oak Park Improvement Project from Griffin Industries as complete, release the Faithful Performance Bond, accept the Maintenance Bond, and authorize the filing of a Notice of Completion. RESOLUTION NO. 00-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE GOLDEN OAK PARK PROJECT AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 52 54 58 60 CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act them upon at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. City Council Agenda November 1, 2000 APPROVAL OF A RESOLUTION AND ORDINANCE TO AMEND THE CONTRACT (CO 188) WITH THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE SECTION 21574, FOURTH LEVEL OF 1959 SURVIVOR BENEFIT ORDINANCE NO. 637 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE SECTION 21574, FOURTH LEVEL OF 1959 SURVIVORS BENEFITS FOR ALL MISCELLANEOUS MEMBERS ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND SUBAREA 18 SPECIFIC PLAN AMENDMENT 00-01 - JPI - A request to add multi-family residential as a permitted use in the Mixed Use Planning Area IX of the Subarea 18 Specific Plan, located on the northwest corner of 6th Street and Milliken Avenue. An Environmental Impact Report (EIR) was previously certified in June 1994. An addendum to the EIR is being prepared to allow multiple-family residential uses as an additional permitted use in Planning Area IX. The addendum is being prepared in compliance with the California Environmental Quality Act (CEQA) - APN: 290-272-17. ORDINANCE NO. 638 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SUBAREA 18 SPECIFIC PLAN AMENDMENT 00-01, TO ADD MULTI-FAMILY RESIDENTIAL AS A PERMITTED USE IN THE MIXED USE PLANNING AREA IX OF THE SUBAREA 18 AND MAKING FINDINGS IN SUPPORT THEREOF F. ADVERTISED PUBLIC HEARINGS 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. 62 66 City Council Agenda November 1, 2000 ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the General Plan land use designation from Commercial to High Residential (24-30 dwelling units per acre) for 1.3 acres at the southwest intersection of Malvern Avenue and Salina Street. APN: 209-041-47. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the Development District zoning designation from General Commercial to High Residential (24-30 dwelling units per acre) with a Senior Housing Overlay District for 1.3 acres at the southwest intersection of Malvern Avenue and Salina Street. APN: 209-041-47. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 00-02 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A Development Agreement between the City of Rancho Cucamonga and the Southern California Housing Development Corporation for the purpose of providing a Senior Housing Project pursuant to the requirements of the Senior Housing Overlay District (Section 27.020.040 of the Development Code), including deviation from cedain development standards, for 48 senior apartment units and one manager unit on a High Residential (24- 30 dwelling units per acre) site of 1.3 acres of land at the southwest intersection of Malvern Avenue and Salina Street. APN: 209-041-47. Related files: General Plan Amendment 00-02B, and Development District Amendment 00-03. Staff has prepared a Negative Declaration of environmental impacts for consideration. RESOLUTION NO. 00-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02B, A REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT MAP FROM COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) FOR 1.31 ACRES OF LAND, LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORTTHEREOF-APN: 209-041-47. ORDINANCE NO. 639 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 00-03, A REQUEST 69 69 69 138 142 City Council Agenda November 1, 2000 TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM GENERAL COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) WITH A SENIOR HOUSING OVERLAY DISTRICT FOR 1.31 ACRES OF LAND LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 209-041-47. ORDINANCE NO. 640 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATIONS FROM CERTAIN DEVELOPMENT STANDARDS FOR 48 SENIOR APARTMENT UNITS AND ONE MANAGER UNIT LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-041-47 GENERAL PLAN AMENDMENT 00-02A - LEWIS RETAIL CENTERS - A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast corner of Day Creek Boulevard and Highland Avenue - APN: 227-351-65. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-02 - LEWIS RETAIL CENTERS - A request to change the Victoria Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the nodheast corner of Day Creek Boulevard and Highland Avenue. The City will also consider Community Plan text changes to better define the scope of Village Commercial development in the immediate area - APN: 227-351.65. Staff has prepared a Negative Declaration of environmental impacts for consideration. 146 161 161 City Council Agenda November 1, 2000 ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02C - CITY OF RANCHO CUCAMONGA - A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for approximately .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-03 - CITY OF RANCHQ CUCAMONGA - A request to change the Victoria Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the nodheast corner of Day Creek Boulevard and Highland Avenue. The City will also consider community plan text changes to better define the scope of Village Commercial development in the immediate area. Staff has prepared a Negative Declaration of environmental impacts for consideration. RESOLUTION NO. 00-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02A, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-881.01 ORDINANCE NO. 641 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 00-02, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE AND MAKING TEXT AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-881-01 161 161 232 235 City Council Agenda November 1, 2000 RESOLUTION NO. 00-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02C, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGFtBORHOOD COMMERCIAL FOR .24 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 642 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 00.03, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR .24 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING TEXT AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF CONSIDERATION OF A RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, AND CONSIDERATION OF A RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS AND SUBMITTING PROPOSITION TO QUALIFIED ELECTORS RESOLUTION NO. 00-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS 240 244 249 254 City Council Agenda November 1, 2000 lo RESOLUTION NO. 00-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) A PROPOSITION TO INCUR BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AND A PROPOSITION TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING NOTICE THEREON 270 CONSIDERATION OF A RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, AND CONSIDERATION OF A RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS AND SUBMITTING PROPOSITION TO QUALIFIED ELECTORS (CONTINUED FROM OCTOBER 18, 2000) RESOLUTION NO. 00-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000- 02 (RANCHO CUCAMONGA CORPORATE PARK) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS 275 279 City Council Agenda November 1, 2000 11 RESOLUTION NO. 00-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000- 02 (RANCHO CUCAMONGA CORPORATE PARK) AND A PROPOSITION TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING NOTICE THEREON G.~. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. 291 H,~. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT ORDINANCE NO. 643 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT 2. PRESENTATION OF THE TIDEMARK AUTOMATED PERMIT TRACKING SYSTEM FOR BUILDING AND SAFETY (ORAL REPORT) 296 300 City Council Agenda November 1, 2000 12 I_. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. REPORT OF PLANNING/HISTORIC PRESERVATION COMMISSION SUBCOMMITTEE'S RECOMMENDATION REGARDING DEVELOPMENT CODE REQUIREMENTS FOR LANDSCAPING 311 J~ IDENTIFICATION OF ITEMS FOR NEXT MEETING This iS the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K.~. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the city Council from addressing any issue not previously included on the Agenda. The Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 26, 2000, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. October 4, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 4, 2000 in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:12 p.m. by Mayor Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Duffon, Diane Willlares, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; Joe Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Brad Bulier, City Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Captain Rodney Hoops, Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Jenny Haruyama, Management Analyst I; James C. Frost, City Treasurer; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation commending Rancho Little League, Junior Division; Rancho Little League, Big League Division; and Vineyard Little League, Major Division on their District 21 Victory. Proclamations were presented to the manager, coaches and team members recognizing their accomplishments. B2. Introduction of newly-assigned deputies, Gina Harmon, Brandon Rio, Randy Rouse, Stacy Schneiderwent, and Stacatto Stevenson to the Rancho Cucamonga Police Station. Captain Rodney Hoops introduced the new deputies to the Rancho Cucamonga Police Station. C. COMMUNICATIONS FROM THE PUBLIC C1. Aubrey Campbell, 8734 Sierra Madre, thanked the Council for assisting him with the safety of the hanging freeway signs so that no one else gets killed. He left some information for the Council to peruse. C2. John Lyons, Etiwanda area, talked about the street closures and reported on the progress being made with these. He wanted to remind everyone about the Grape Harvest Festival this weekend at the Epicenter. City Council Minutes October 4, 2000 Page 2 D. CONSENT CALENDAR D1. Approval of Minutes: September 6, 2000 D2. Approval of Warrants, Register Nos. 9/13/00 and 9/20/00 and Payroll ending 9/14/00 forthe total amount of $3,229,407.06. D3. Approval to declare Surplus Miscellaneous City-owned equipment. D4. Approval for the replacement of two pieces of equipment, an Excel 340 Bac Vac Riding Mower and an Excel 4400 Bac Vac Riding Mower, from C.R. Jaeschke, Inc. of San Diego, California, to be funded from Account No. 72-4225-7044 for the amount of $48,740.41. D5. Approval to enter into a Communications Site Ground Lease Agreement (CO 00-070) at Red Hill Park between Los Angeles SMSA Limited Partnership, dba Verizon Wireless by Airtouch Cellular and the City of Rancho Cucamonga for the purpose of installing a wireless communication facility for Los Angeles SMSA's Personal Communication Service. D6. Approval of a Professional Services Agreement with Best, Best and Krieger (CO 00-071) for Bond Counsel Services in conjunction with a proposed Community Facilities District (South Etiwanda) in an amount not to exceed $10,000 for formation services and not to exceed $15,000 for debt issuance services; to be funded by the project developer. D7. Approval of a Professional Services Agreement with Empire Economics (CO 00-072) to perform Market Absorption Services in conjunction with a proposed Community Facilities District (South Etiwanda) in an amount not to exceed $12,500; to be funded by the project developer. D8. Approval of Improvement Agreement, Agreement Extension for Tract 14120, -2 and -3 on the south side of Vintage Drive, west of Etiwanda Avenue, submitted by Mar Vista Homes, A California Corporation. RESOLUTION NO. 00-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14120, -2 AND -3 D9. Approval to accept Improvements, Release the Faithful Performance Bond and File a Notice of Completion for Improvements for Parcel Map 15012, submitted by Oltmans Investment Company, located on the north side of Fourth Street, between Buffalo Avenue and I-15 Freeway. RESOLUTION NO. 00-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15012 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D10. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for CUP 99-25, located on the north side of Foothill Boulevard between Milliken and Elm Avenues, submitted by Western Land Properties. City Council Minutes October 4, 2000 Page 3 RESOLUTION NO. 00-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR CUP 99-25 RESOLUTION NO. 00-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NQS. 1 AND 4 FOR CUP 99-25 D11. Approval of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 and summarily vacate an excess street easement for Tract Map No. 15963 located on the northwest corner of London Avenue and Liberty Street, submitted by Crestwood Corporation. RESOLUTION NO. 00-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15963, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 00-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMQNGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT NO. 15963 RESOLUTION NO. 00-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE SUMMARILY VACATION OF EXCESS STREET EASEMENT ON THE NORTHWEST CORNER OF LONDON AVENUE AND LIBERTY STREET, V-175 - APN 201-251-56 RELATED FILE TR 15963 D12. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, for DR 00-06, located on the north side of Arrow Route, East of 1-15 Freeway, submitted by Cabot Industrial Properties, L.P. RESOLUTION NO. 00-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 00-06 City Council Minutes October 4, 2000 Page 4 RESOLUTION NO. 00-201 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 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 00-06 D13. Approval of Map and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Parcel Map 15476 at the southeast corner of Haven Avenue and Town Center Drive, submitted by Western Land Properties. RESOLUTION NO. 00-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15476 RESOLUTION NO. 00-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR PARCEL MAP 15476 D14. Approval of Map and Monumentation Cash Deposit for Parcel Map No. 15424, located on the north side of Foothill Boulevard between Milliken and Elm Avenues, submitted by Western Land Properties. RESOLUTION NO. 00-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15424 AND MONUMENTATION CASH DEPOSIT D15. Approval of Parcel Map Nos. 15453, 15454 and 15455, located on the east side of Milliken Avenue between Base Line Road and Foothill Boulevard, submitted by Lewis Operating Corporation. RESOLUTION NO. 00-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMQNGA, CALIFORNIA, APPROVING PARCEL MAP NQS. 15453, 15454 AND 15455 D16. Approval of Drainage Acceptance Agreement for Tract 15948, located on the south side of Base Line Road west of Etiwanda Avenue, submitted by WL Homes LLC, DBA John Laing Homes. City Council Minutes October 4, 2000 Page 5 RESOLUTION NO. 00-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING DRAINAGE ACCEPTANCE AGREEMENT FOR TRACT 15948, LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD WEST OF ETIWANDA AVENUE, SUBMITTED BY WL HOMES LLC, DBA JOHN LAING HOMES AND MAKING FINDINGS IN SUPPORT THEREOF D17. Approval to release a Real Property Improvement Contract and Lien Agreement for Parcels 1 and 2 of Pamel Map 9349, located on the south side of Strang Lane, east of Carnelian Street, submitted by Danny W. Paulson and Earline R. Paulson. RESOLUTION NO. 00-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DANNY W. PAULSON AND EARLINE R. PAULSON D18. Approval of a request to summarily vacate an excess street right-of-way located on the west side of Industrial Lane south of Feron Boulevard, V-174, APN 209-032-39. RESOLUTION NO. 00-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS STREET RIGHT-OF-WAY LOCATED ON THE WEST SIDE OF INDUSTRIAL LANE SOUTH OF FERON BOULEVARD D19. Approval to release the Faithful Performance Bond for CUP 99-10, submitted by Evergreen Devco, Inc., located on the southeast corner of Carnelian and Nineteenth Street. MOTION: Moved by Williams, seconded by Biane to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0, E. CONSENT ORDINANCES El. ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 00-01 - CITY OF RANCHO CUCAMONGA - A request to change the Etiwanda North Specific Plan zoning designation from Utility Corridor to Low Residential (2-4 dwelling units per acre) for approximately 64 acres of land (abandoned Southern California Edison corridor) generally located north of SR 30, on the east side of the northerly prolongation of Day Creek Boulevard approximately 300 feet wide by 8,000 feet in length APN No: 225-161-64, 225-101-41, 225-071-61, and 225-082-03. The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October 26. 1999. The City of Rancho Cucamonga in conjunction with this project has prepared an addendum to the SEIR. The proposed amendment is intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. Related files: Development Agreement 00-02. Annexation 00-01, GPA 00-03A. Debra J. Adams, City Clerk, read the title of Ordinance No. 636. City Council Minutes October 4, 2000 Page 6 ORDINANCE NO. 636 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 00-01, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM UTILITY CORRIDOR TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), GENERALLY LOCATED NORTH OF SR 30 AND ON THE EAST SIDE OF THE NORTHERLY PROLONGATION OF DAY CREEK BOULEVARD APPROXIMATELY 300 FEET WIDE BY 8,000 FEET IN LENGTH, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-161-64, 225- 101-41,225-071-61, AND 225-082-03 MOTION: Moved by Dutton, seconded by Willliams to waive full reading and approve Ordinance No. 636. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS No items submitted. G. PUBLIC HEARINGS G1. APPROVAL OF A RESOLUTION AND ORDINANCE TO AMEND THE CONTRACT (CO 188) WITH THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE SECTION 21574, FOURTH LEVEL OF 1959 SURVIVOR BENEFIT Staff report presented by Jack Lam, City Manager. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 00-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETVVEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY OF RANCHO CUCAMONGA MOTOIN: Moved by Dutton, seconded by Biane to approve Resolution No. 00-192. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 637. City Council Minutes October 4, 2000 Page ? ORDINANCE NO. 637 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE SECTION21574, FOURTH LEVEL OF 1959 SURVIVORS BENEFIT FOR ALL MISCELLANEOUS MEMBERS MOTION: Moved by Dutton, seconded by Biane to waive full reading and set second reading of Ordinance No. 637 for the November 1, 2000 Council meeting. Motion carried unanimously 5-0. G2. CONSIDERATION OF APPEAL - WHITE - An appeal of the Planning Commission's denial of a building permit to re-roof with standing seam metal on a house located at 6875 Pecan Avenue - APN: 227-254-02. Staff report presented by Brad Buller, City Planner. Councilmember Dutton asked about replacement of roofs and what would be allowed. Brad Buller, City Planner, stated the City's policy, especially where there is wood shake or shingle, they will allow the replacement of those roof types with similar roof types, but for all new construction, they do require tile. Councilmember Dufton asked when someone calls to City Hall asking questions about reroofs, are they given specific guidelines as to what is acceptable and not acceptable. Brad Buller, City Planner, stated that is how it is supposed to happen. but felt in this situation that might have not occurred. Councilmember Curatalo asked if this particular home has been reroofed before. Brad Buller, City Planner, stated it is the City's understanding this is the third reraof job on this particular home. He stated they have checked the County records and there are no permits for any reroofs. Councilmember Biane asked what can the Council do to give staff the flexibility to handle some of these situations in other developments as the City matures. Brad Buller, City Planner, stated roof materials can be adopted for certain areas such as Etiwanda and the Terra Vista Community. He stated the Council can be as specific as they want for a specific neighborhood. He stated this can be taken back to the Planning Commission for consideration. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Bill White, 6875 Pecan of Etiwanda, talked about living in his home for 40 years and the rack roof he first had on it. He stated they then went to a tile roof which was too heavy for his house so next they put on asphalt. He decided this time he would go with a metal roof and called the City. He was told the roof had to be a class C or better and meet wind specifications. He decided he wanted the metal roof and had also gone to see the Maloof roof and liked it. Rory Davis, Fanning Roofing, stated he did not know there was not a permit for this job until after the work had already started. He added that after he found out, he went to the City to try City Council Minutes October 4, 2000 Page 8 to obtain the permit. He stated he is a licensed contractor and always pulls permits for his reroof jobs. Councilmember Curatalo inquired if aesthetics are considered when a reroofjob is done. Brad Buller, City Planner, stated yes. David Long, neighbor of Mr. White, stated the neighbors do support the metal roof. He felt the Council should allow Mr. White to put up his metal roof. John Lyons, Etiwanda, stated he supports Mr. White and felt it was architecturally upgraded. He felt everyone in Etiwanda could live with this. Antonio Rodriguez, felt Mr. White should be able to put any roof on he wants to as long as he gets his permit. Tim Brown, Custom Built Metals, stated he would be happy to answer any questions about the roof that the Council might have. Kathryn Hastings stated she is a neighbor of Mr. White's. She stated the neighbors are in support of this and also signed a petition supporting the roof. Jim Frost, who had worked on the development of the Etiwanda Specific Plan years ago, did not know of a logical reason why the White's can't continue with their roofing plans and did not feel the request should be denied. There being no further input, public comments were closed. Mayor Alexander stated he felt Brad Buller was only doing his job, as he should, through the action he took. He stated this is a very unique part of the City. He stated if something is going to be done with the Etiwanda Specific Plan, things need to be tightened up a little bit. He stated he did not think it was a bad looking roof. He felt until the standards are changed, the roof should be allowed. He stated he respected Brad and the Planning Commission's work on this, but felt the appeal should be granted. Councilmember Curatalo stated at first he wanted to deny the appeal, but after hearing the testimony, he felt all of this should go back to the Planning Commission for further consideration. Councilmember Biane felt the City Planner made his decision based on what the guidelines are in the Etiwanda Specific Plan, but added he felt Mr. White should be allowed to have the metal roof considering the circumstances. He suggested what is on San Madno should be looked at because more of these types of things will be coming up. He felt the Council should support Mr. White. He suggested the Planning Commission be given more direction with guidelines for these types of roofs. Councilmember Willjams also felt San Marino's regulations should be looked at and felt possibly the City Council Subcommittee and Planning Commission Subcommittee should be considering regulations for reroofs. She added she appreciated everything Mr. White went through to get to this point, and felt possibly the counter clerks should be asking more questions so the correct information is given out. She suggested some kind of application form be developed to hopefully prevent this type of situation from happening in the future. She agreed with Councilmember Biane about this type of reroof going in a development like Tetra Vista, but added she felt this particular neighborhood in Efiwanda was special. She stated she would support the appeal and supported Brad Buller's team working out some better details for reroofs. City Council Minutes October 4, 2000 Page 9 Councilmember Putton stated he did not feel Mr. White did anything wrong intentionally. He did not feel Mr. White did this to save money. He added he would like to see better regulations considered for reroofs. He stated things should not be so difficult that people feel they have to do their work in secret. He felt Mr. White should be allowed to go forward with the reroof. MOTION: Moved by Putton, seconded by Willjams to grant the appeal and for the Planning Commission to work on reroof regulations and codes. Motion carried unanimously 5-0. Mr. White thanked Brad Buller, City Planner, and the City Council for their help. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO ADOPT ANNUAL STATEMENT OF INVESTMENT POLICY Staff report presented by Jim Frost, City Treasurer. MOTION: Moved by Biane, seconded by Dutton to approve the Annual Statement of Investment Policy. Motion carried unanimously 5-0. No items submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Kara Dutton spoke about her government class at St. Lucy's High School. She stated she appreciated and understood more what the Council does after being at the meeting this evening. L. ADJOURNMENT Moved by Williams, seconded by Dutton to adjourn. Motion carried unanimously 5-0. MOTION: The meeting adjourned at 8:58 p.m. Respectfully submitted, Approved: * Debra J. Adams, CMC City Clerk CiTY OF RANCHO CUCAMONGA _ LiST OF MARRANTS FOR PERIOD: 10-11-00 C00/013 RUN DATE: 10/1Z100 PAGE: 1 VENDOR NAME ITEM DESCRIPTION HARR NO NARR. 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MAINTENANCE SUPPLIES 157108 140,99 4904 *OTTe LAURA INSTRUCTOR SNR.E·ERCESE CLASS e 157109 358,00 403 OTTO, REBECCA HAINTENANCE SUPPLIES 157110 33,00 235 OMEN ELECTRIC MAINTENANCE SUPPLIES 157111 350o19 14A1 PACIFIC BELL MAINTENANCE SUPPLIES · 157112 13t268,41 5363 pACIFIC PLUMBING SPECIALTIES MAINTENANCE SUPPLIES 157113 516,66 6Z23 PAPER DZRECT9 ENC, RECREATION SUPPLIES 157114 33.94 5409 PARTSNASTERe INC, MAINTENANCE SUPPLIES 157115 339,25 395 PAyLESS SHaMSOURCE I 6062 BUSINESS LICENSE 157116 46,00 2987 PHOENIX GROUP INFORMATION SYSTENS MONTHLY SERVICE I 157117 890.47 6211 PIONEER-STANDARD ELECTRONICS RECREATION REFUND 157118 602,02 6168 PIRONe SH~UN CONTRACT SERVICES 157119 390,00 758 pRAXAZR DZSTRXBUTIONt 2NCo NAZNTIRECREATZON SUPPLIES 157120 13.86 401 PRIME CARE MEDICAL BUSINESS LICENSE . 157121 63°00 391 PUBLIC STORAGE BUSINESS LICENSE 157122 23.12 412 R C SPOT MAINTENANCE CONTRACT 157123 6,00 A18 R,C, LUKER CONST PERMIT DEPOSIT REFUND I 157126 leSO0,OO 545 RED MING SHOE STORE SAFETY BOOTS 157125 130,16 5665 REGULATION COMPLZANCEe INC, TRAINING SERVICES # 157126 2e063,00 5916 REXEL CALCDN ELECTRICAL SUPPLIES ELECTRICAL SUPPLIES I 157127 1,531,18 276 RIVERSIDE BLUEPRINT PRINTS I 157128 286,85 16 ROTARY CORPORATION MAINTENANCE SUPPLIES. 157129 282.37 6438 S C A C E 0 ANNUAL NENBERSHIP DUES 157130 150,00 279 SAN BERN COUNTY SUN SUBSCRIPTION 157131 127o17 6719 SAN BERNAROZND COUNTYeCENTRL HICROF RECREATION REFUNDS 157132 50~85 132 SAN DIEGO ROTARY BRODN COD INC HAZNT SUPPLIES I 157133 le081,82 12651 SBA INCa RECREATION REFUND 157134 4f331.00 1105 SEAL FURNITURE E SYSTEMS INC. OFFICE SUPPLIES i 157135 13e108,87 3896 SENECHALf CAL INSTRUCTOR PAYMENT I 157136 220,50 67Z8 SHAM CONTRACT FLOORING RECREATION REFUNDS 157137 3,423'D0 CITY OF RANCHO CUCAMONGA LEST OF MARRANTS FOR PERZOO: 10-11-00 COOIOl) RUN DATE: 10/12/00 VENDOR NAME ZTEN DESCREPTZDN NARR NO MARR. ANT, · ~ CHECK8 OVERLAP 351 SiGN SHOPe THE 413 SINGLETON FiRE PROTECTION 1317 SNART C PENAL 1327 SNART ~ FZNAL 1432 SOUTHERN CALZFORNEA EDISON 1432 SOUTHERN CALIFORNIA EbISON 902 STATE OF CAeCEPARTHENT OF TRANS 3017 STATE OF.CALiFORNiA 3597 STATE OF CALiFORNiA 6355 SUNGAgO 81-TECN ZNC, 6611 SNEET'S CLEAN SMEEP 5410 T & G iNSTALLATiONS 7266 THONASe JOHN 414 TZN'$ AUTOMOTIVE Z958 UMPS ARE US ASSOCiATiON 6665 UNION BANK OF CALiFORNiA Z682 UNITED STATES POSTAL SERVICE 137 VERZZON CALZFORNEA 2868 MALL STREET JOURNAL 415 WENDERe GARY 417 TATES ~ ASSOCIATES COURT REPORTERS 616 YOUR MAY FUNZGATZONt ZNC NAZNT $UPPLXES 157138 667.87 BUSINESS LICENSE REFUND 157139 61.80 DAY CAMP SUPPLZES g 157140 415o42 DAY CANP SUPPLIES 157161 66.00 C<( 157141 - 157166 >)) MONTHLY ELECTRIC 6ELLS I 157147 45~310.63 MONTHLY ELECTRIC BILLS 157148 21o99 TRAFFIC SIGNAL MAINTENANCE 157149 4,110o51 UNEMPLDYNENT XN~U~'~E 157150 30°00 ANNUAL RENT-TRANSFER SITE 157151 110.00 REXNBURSE FOR EAP RORKSNOP 157151 Z,693o75 RECREATION REFUND 8 157153 3,100.00 SUPPLXES I 157154 175,00 REFUND PEgS DEDUCTION 157155 375°00 BUSINESS LICENSE REFUND 157156 7°06 UNP SERVICES I 157157 3e319,50 RECREATION REFUND I 157158 Ze720.O0 POSTAGE METER MONTHLY SERVICES 157159 4eSO0.OO <(( 157160 - 157161 MONTHLY TELEPHONE BXLLXNGS I 157162 4e368,77 SUBSCREPTXON 157163 95°90 PERNZT DEPOSZT REFUND 157164 500,00 CONDENSED TRANSCRIPT 157165 195.00 BUSINESS LXCENSE REFUND 157166 40°50 TOTAL 655m765,10 CITY OF RANCND CUCAHaNGA LIST OF NARRANTS FOR PERIOD: 10-18-00 (00101) RUN DATE: 10119100 PAGE: VENDOR NAME ITEH DESCRIPTION MARR NO MARRo AMT, 22120 367 4982 6773 323 5387 5409 962 5347 552 1 2732 6347 6309 5231 493 531 6382 6290 484 6172 5813 2693 5807 486 4782 501 4102 502 33 685 5791 41 6602 6699 6695 683 494 1166 697 1911 698 6052 '~22120 CHAUe FLYNN LEAGUE OF CALIFORNIA CITIES KORANDA CONSTRUCTION JUMP FOR FUN ELLIS, SHANE GST TELECOM, INC, PARTSMASTER, INC, ATF, T A W DIRECT A' JONTUE, ROSEANN AA EQUIPMENT RENTALS CO.m INC, ABE LOCKSMITHS ACCURATE SMOGm AUTOm TRUCK & ADAMSONm RONALD AEF SYSTEMS CONSULTINGm 1NC. AGUIRREm JULIA AL-SOLEIMANm FAHD ALLEGRO PRDMOTXONS ALLENm TONY ALLISON, LXLLIAN ALTA LOMA CHARTER LINES AMERICAN VAN EQUIPHENTm ZNCo AMTECM ELEVATOR SERVICES ARCHITERRA DESIGN GROUP ARMANDANm ALAN ASBURY ENVIRONMENTAL SERVICES AZAMm SHAISTA 0 & K ELECTRIC MHOLESALE BACA, MXCNELLE EASELINE TRUE VALUE HARDMARE BASLERm LAUR/E BELETTO, NANCY BTSHOP COMPANY 8ODT SHOTS BORDNER, NARGTE BOYLE ENGINEERING BRADEN, CHRISTINA 8ROGKHZSER, MARCIA BRUNSNICK DEER CREEK LANES 8VARSf LTNNE CALIFORNIA MUNICIPAL STATISTICS INC CAUOELLZt HALZSA CHARTER COMHUNICATTONS CHAU, FLVNN BUSINESS LICENSE REFUND ((( 154466 -- FINANCIAL MGHT, HEETZNG ((( 155855 - CoEoB.G. <(( 156688 - REZMB SOD CA, AGSOCo CODE MTG 8 ((( 156696 - PAINT SUPPLIES INTERNET SERVICES HAZNTENANCE SUPPLIES MONTHLY TELEPHONE BILLINGS NAZNTENANCE SUPPLIES INSTRUCTOR PMT VEHICLE HAXNTENANCE/SUPPLZES HAINTENANCE SUPPLIES VEHICLE HAINTENANCEISUPPLIES INSPECTION SERVXCES PROFESSIONAL SERVICES RECREATION REFUND MASTER PLAN STORM DRAIN REIMB RECREATION REFUND INSTRUCTOR PAYNENT RECREATION REFUND CHARTER SERVICES NAXNTENANCE SUPPLIES H~NTHLV SERVICE PROFESSIONAL SERVICES RECREATION REFUND PROFESSIONAL SERVICES RECREATION REFUND HAZNTEHANCE SUPPLIES RECREATION REFUND MAINTENANCE SUPPLIES RECREATION REFUND INSTRUCTOR PAYHENT MAINTENANCE SUPPLIES RECREATION REFUND INSTRUCTOR PNT OUSINESS LICENSE REFUND MILEAGE REZMBURSENENT RECREATION REFUND INSTRUCTOR PAVMENT RECREATION REFUND DEBT STATEMENT CITY OF RECREATION REFUND ADVERTISING FEE BUSINESS LICENSE REFUND ~- CHECKI OVERLAP 154~3 30.00- 155853 ))) 155854~ 325.00- 156686 >)) 1566870 450°00- 156694 ))) 156695~ 625°00 156994 ))) 1569950 500.00 156996 - 157064 ))) 1570650 h283oZ7- 157066 - 157116 ))) 157115~ 339.Z5- 157116 - 157168 )>) 157169 54.96 157170 659°38 157171 5,162.80 15717Z 14,790o40 157173 116o45 157174 149.97 157175 2,592°00 157176 13,295.00 157177 150.00 157178 6m909o65 157179 1,064.15 157180 518,40 157181 49.50 15718Z h145o70 157183 516.00 157184 842.75 157185 3,OOO.OO 157186 46.00 157187 2,928.99 157188 150.00 157189 491o79 157190 18o00 157191 66°32 157192 39.00 157193 76.40 157194 283,28 157195 550°00 157196 748.80 157197 29,833°60 157198 18o53 157199 36,00 157200 445.60 157201 5OoOO 15720Z 400°00 157203 30.00 157204 61o40 157Z05 30°00 CITY OF RANCHO CUCAMONGA LIST OF MARRANTS FOR PERIOD: 10-18-00 COO/01) RUN DATE: 10119100 PAGE: Z VENDOR NAME ITEM DESCRIPTION MARR NO HARM. ANT. 74 949 4211 530 5407 6A3 500 j 61IX 85 239 4488 105 · 6771 6276 4544 6515 5788 3875 527 473 475 Z59 5917 3197 · 41027 41085 3088 61357 6685 4762 476 41198 3178 108Z 5833 410Z9 477 5502 5955 479 6129 8010 3827 41040 5387 146 6127 519 '~-% 3334 CITY RENTALS CLARKe KAREN COAST RECREATION. INC. COLUNe ROSALIND COMBINED HARTZAL SCIENCE COMPUTERLAND COOPER, JENNIFER CORPORATE PRINTERS CUCANONGA CO MATER DIST D & K CONCRETE CO DAGHDEVIRIAN, KATHY DAN GUERRA ~ ASSOCIATES DAMN ENTERPRISES DENPSTER, KERZ DICK. ERIC DJ TEK DUFFYe RICK/USKO DUNN-EDMARDS CORPORATION DYAN INC., DZANE E & M ADVANCED MEDICAL MGMT, INC. EBERHARDT CONST. e INC. EMPIRE ECONOMICS PASTEHAL COMPANY FIELDMANe RDLAPP & ASSOCIATES. FIRE MASTER FIRST HOTEL INVESTMENT CORPo FIRST INTERSTATE BANK OF CALIFORNIA FIRST STOP MOTORSPORTS. ZNCo FLORES. MICHELLE FOOTHILL BEVERAGE COMPNAy FOOTHILL FAHILY SHELTER FOOTHILL PROFESSIONAL BUILDING FORECAST GROUP LoP.,THE FONLERe MARK FRANKLIN COVEY CO. FRITTS FORD GEMNEL PHARMACy GEO-SECe INCo GIDRDANOe HARIANNA GOLDEN NEST DISTRIBUTING GONZALEZe JUSTINE GOODMINe NENDY GRANGER, DONALD GREEN ROCK POWER EQUIPHENT GROVE PROFESSIONAL PLAZA GST TELECOMe INC. HAINES & COMPANY. INC. HANGER 18 HARRIS. LORETTA HEILIG, KELLY · ~ CHECRI OVERLAP EQUIPMENT RENTALISUPPLZES # 157206 1,899.61 INSTRUCTOR PAYMENT 157Z07 160.00 HAINTENANCE SUPPLIES 157208 396.20 REIMBURSEMENT 157209 87°58 INSTRUCTOR PAYMENT 157210 le98T.20 COMPUTER MAINTENANCE/SUPPLIES I 157211 3e207.26 MAINTENANCE SUPPLIES IB721Z 26.00 BUSINESS L/CENSE REFUNDS 157Z13 1,317.5I ((( 157Z14 - 157Z15 MONTHLY MATER BILLINGS I 157216 18,962o91 STREET MAINTENANCE I 157217 leS3A.91 INSTRUCTOR PAVNENT 157218 567.00 CONTRACT SERVICES 157Z19 6,830.00 RECREATION REFUND 157220 4e159.84 CONTRACT SERVICES 157221 240.00 EMPLOYEE OF THE MONTH 8 I57222 75.00 CONTRACT SERVICES # 157223 500.00 INSTRUCTOR PAYMENT I57ZZA 706.00 MAINTENANCE SUPPLIES 157ZZ5 6.06 INSTRUCTOR PAYMENT ISTZZ6 495°00 BUSINESS LICENSE REFUND 157227 59.60 REFUND 157ZZ8 leO00.O0 CONTRACT SERVICES 8 157229 11,500.00 MAINTENANCE SUPPLIES 157230 59.06 PROFESSIONAL SERVICES 157231 3,523o02 MAINTENANCE SERVICE 15723Z 150.00 DEVELOPER REIMBURSEMENTS 157235 52e75Z.33 REINBURSENENT 157234 12,671.53 VEHICLE MAINTENANCE 157235 1,067.35 RECREATION REFUND 157236 39.00 RECREATION SUPPLIES 157237 35,50 FAMILY SHELTER 157238 250,00 BUSINESS LICENSE REFUND 157239 24.66 BUSINESS LICENSE REFUND 157Z40 18,00 INSTRUCTOR PAYMENT 157261 1,446.00 OFFICE SUPPLIES 157242 40.30 EQUZPHENT 151Z43 48e731.50 BUSINESS LICENSE REFUND 157246 2Z.42 BUSINESS LICENSE REFUND 157245 10.63 INSTRUCTOR PAYHENT 157246 183.60 RECREATION SUPPLIES 157247 114.84 RECREATION REFUND 157248 48.00 INSTRUCTOR PAYHENT 157249 54.00 RECREATION REFUNDS 157250 239.00 MAINTENANCE SUPPLIES 8 157251 718.73 BUSINESS LICENSE REFUND 157252 10.00 INTERNET SERVICES 157253 1e250.00 12 MONTH LEASE SERVICE 157254 243,40 BUSINESS LICENSE REFUND 157255 80.00 RECREATION 157256 200.00 INSTRUCTOR PAYMENT 157257 hlZ4. ZZ CITY OF RANCNO CUCAMONGA LIST OF NARRANTS FOR PERIOD: 10-18-00 (00/013 RUN DATE: 10119100 PAGE: 3 VENDOR NAME ITEM DESCRIPTION NARR NO MARR. ANTe 6552 457 32056 444 158 3633 161 2612 449 495 4188 480 1218 6379 6689 908 122 Z315 5167 6565 6559 4700 663 459 667 2220 6090 4982 I72 5545 656 5216 464 8A9 A65 645 5884 5274 6Z96 468 3156 471 6553 4701 520 5283 469 452 466 482 5885 HENRy, ANNE MERNANDEZt GREGORY HILLSIDE COVE HILTON ANANEIM MOLLIDAY ROCK CO., XNC. HOMELESS OUTREACH PRGMS& EDUCATION HOTT LUMBER CO., HOTT, RAYMOND HURST, MELISSA HYDRO-SCAPE PRODUCTS. INC I D BURR IEEP INDUSTRIAL DISTRIBUTION GROUP INDUSTRIAL SYSTEMS, INC. INFANT FAMILY SERVICES PROGRAM INC. INLAND MEDIATION BOARD INLAND VALLEY DALLY BULLETIN INLAND NHaLESALE NURSERY IRRIGATION ASSOCIATXON JOHNSON, CHARLOTTE JONES, JAMES JONES, KEXTH JORGENSEN. LZSAo JOSEPH, STBPHANIE KADLECe KAREN KELLY PAPER CONPANT KONG, SOPHAK KORANDA CONSTRUCTION KOZLOVZCN, DEOBIE L S A ASSOCIATES, INC. LAMBERT, CECILIA SILYA LA5 ROSAS - EMMA SORCINI LAVALLEEe DORA LANSON PRODUCTS, INC. LEE, CHRISTINE LEGACY LILBURN CORPORATION LITTLE 8EAR PROOUCTIONS LIVE OAK DOG OBEDIENCE LOPEZ, GLENDA LU°S LIGHTHOUSE, 1NCo LUCERO, VICLA LUPER NAGRUDER. KAREN MARSHALL. SYLVIA MAXNELL, DENISE NATER. COBLE & PALHER MCVET. MARCIA MICNEAL, MARZLYN MILLER, MARK NORALES, MICHAEL MORITA, OUANE O~ CHECKI OVERLAP RECREATION REFUND 157258 MAINTENANCE SUPPLIES 157259 REIMBURSEMENT OF OVERPMT. 157260 MEETING 157261 MAINTENANCE SUPPLIES # 157262 MONTHLY SERVICES 157263 MAINTENANCE SUPPLIES 157266 INSTRUCTOR PAYMENT 157265 INSTRUCTOR PAYMENT 157266 LANDSCAPE NAINTENANCE SUPPLIES I 157267 MAINTENANCE SUPPLIES I 157268 MEETING 157269 MAINTENANCE SUPPLIES 8 157270 RECREATION REFUND 157271 BUSINESS LICENSE REFUND 157272 LANDLORD/TENANT DISPUTE RESOL, I 157273 ADVERTISING I 157274 MAINTENANCE SUPPLIES 157275 SAFETY TRAINING 157276 SUBSCRIPTION RENENAL # 157277 REFUND BUILDXNG PERMXTS 157278 INSTRUCTOR PAYNENT 157279 RECREATION 157280 OFFICE SUPPLXESIEQUXPNENT 157281 RECREATION 157282 PAPER SUPPLIES 157283 OUSZNESS LICENSE REFUND 157286 C,DoB.G. 157285 INSTRUCTOR PAYMENT 157286 PROFESSIONAL SERVICES I 157287 RECREAIZON I57288 INSTRUCTOR PAYMENT 157Z89 RECREATION 157290 MAINTENANCE SUPPLIES I 157Z91 RECREATION 157292 MEETING 157293 PROFESSIONAL SERVXCES I 151294 GRAPHIC DESIGNER 8 157295 BUSINESS LICENSE RENENAL 157296 RECREATION 8 157297 OIL ANALYSIS t 157Z98 INSTRUCTOR PAYMENT 157299 REGISTRATION FEE 157300 RECREATION REFUND 157301 RECREATION 157302 PROFESSIONAL SERVICE 157303 RECREATION 8 157304 RECREATION 157305 RECREATION 157306 NILEAGE REIMBURSENENT 157307 PROFESSIONAL SERVICES 157308 135.00 66,00 459073.82 155.25 2,313o96 504°00 175.80 622.80 3,295.50 576.07 447.33 25,00 555.79 270.00 945.60 ZWO28.A8. 7,329.50 28°66 230.00 110.00 150o00 316.80 50.00 31.00 72.00 48.03 480.00 450.00 11766,70 3,187.07 46.00 lT2oSO 26.00 895.65 17.00 l,O00.O0 8,106.25 412.00 672.00 38.00 133.57 96.00 277.80 921.90 7.00 1,250o00 76.00 39°00 30.00 48.10 4,635.00 CITY DF RANCHO CUCAMONGA LIST OF WARRANTS FOR PERIOD: 10-18-00 (00/01) RUN DATE: 10119100 PAGE: 4 VENDOR NAME ITEM DESCRIPTION NARR NO NARR, ART, O0 CMECKB 0VERLAP 1020 842 2268 6687 453 2361 633 523 661 6586 3966 235 6287 1823 31876 487 44B · 4267 6168 J 6206 455 693 758 5316 Z533 6664 458 251 5905 2496 2257 517 6292 463 276 626 516 5105 6923 3092 n 513 1105 5636 4981 6252 514 MOSS, ANGELA MOUNTAIN VIEN GLASS & MIRROR MOUNTAIN VIEN SMALL ENG. REPAIR NAPA AUTO PARTS NATION°$ RENT NELSON, BEVERLY NEUPQRT TRAFFIC STUDIES NIXON-EGLI EQUIPMENT OFFICE DEPOT OLDFORD, PATRICIA GLIVA, PHILIP ONTARIO ICE SKATING CENTER OWEN ELECTRIC PACIFICARE OF CALIFORNIA PAGENET PATEL, VISHNU PATTON SALES CORP. PERRZELLOe FRANK J. PERRY, LISA PETE*S ROAD SERVICE PERONe SHAUN PLANNING CENTER, THE POWELL, RaN PDMERSTRIDE BATTERY CO.e INC. PRAXAZR DISTRIBUTION, INC. PRECZSZON GYMNASTICS PRENTICE HALL PSOMAS QUARTUCTe DEEDRA R E R AUTOMOTIVE RAFFAt SUZIE RANCMO GRANDE KIWANIS RAUL*S AUTO TRINe ZNC. RATE, BILLY REINHARDT, RITA RMZ CONSULTING RIVERSIOE BLUEPRINT ROBLESe RAUL P., SR. RODRIGUEZ, ANNA RUSH, CHRISTINE SAN BERN & RIVERSIDE COUNTIES SAN BERN COUNTY SCOTT, SANDRA SEAL FURNITURE G SYSTEMS INC. SENNm CINDT SHEPARD, CAROL SIERRA SPRINGS SNOOK, MARK SOUTHERN CALIFORNIA EDISON DUES 157309 7o00 MAINTENANCE SUPPLIES J 157310 160.06 HAINTENANCE SUPPLIES I 157311 174.28 VEHICLE MAINTENANCE e 157312 566.07 SETTLEMENT OF CLAIM 157313 221.56 RECREATION 157314 39.00 MAINTENANCE IB7315 1,627.00 VEHICLE MAINTENANCE 157316 618o7E (<( 157317 - 157318 ))) OFFICE SUPPLIES I 157319 8,080.86 RECREATION 157320 25.00 RECREATION REFUND 8 157321 160.00 INSTRUCTOR PAYMENT 157322 153.60 MAINTENANCE SUPPLIES I 157323 556.89 RECREATION REFUND 157324 32,566. ZZ PAGING SERVICE 8 157315 1,104o50 RELEASE OF STORM DRAIN FEES 157326 5,515.70 MAINTENANCE SUPPLIES 157327 56.40 CONTRACT SERVICE 157328 250000 RECREATION 157329 33.00 VEHICLE SERVICE G SUPPLIES i 157330 1,225.63 CONTRACT SERVICES 157331 195.00 BUSINESS LICENSE REFUND 157332 12,306.65 RECREATION 8 157333 64,00 VEHICLE MAINTENANCE SUPPLIES 157336 137.90 MAINT/RECREATION SUPPLIES 157335 120.37 INSTRUCTOR PAYMENT 157336 1e027.20 OFFICE SUPPLIES 157337 AZ,46 RECREATION REFUND 157338 21776.00 RECREATION I 157339 51.00 VEHICLE MAZNTtSUPPLIESLSERVICE 157340 235.69 INSTRUCTOR PAYMENT 157361 540.00 MEMBERSHIP DUES 157342 lOO. OO VEHICLE REPAIRS 157343 210.11 RECREATION 157366 66.00 RECREATION REFUND 157365 456°00 PROFESSIONAL SERVICE 157346 720°00 PRINTS 8 157367 99.78 TIRE REPAIR 157348 63.50 RECREATION 157369 33°00 INSTRUCTOR PAYMENTS 157350 201.96 MAINTENANCE SUPPLIES 157351 203.65 DOCUMENTARY HANDLING FEE I 157352 590.00 RECREATION 157353 30.00 OFFICE SUPPLIES I 157354 181.08 INSTRUCTOR PAYMENT 157355 259.20 INSTRUCTOR PAYMENT 157356 231o00 BUSINESS LICENSE REFUND 157357 114.00 RECREATON 157358 72.00 ((( 157359 - 157366 ))) MONTHLY ELECTRIC BILLS I 157367 4,774.44 f CZTY OF RANCNG CUCANONGA LZST OF MARRANTS FOR PERZOO; 10-18-00 C00/013 RUN OATE: 10119/00 PAGE: VENDOR NAME ZTEN DESCRZPTZON WARR NO WARRo ANT, 11163 SOUTHLAND OEV CaRP 3632 STEELNORKERS OLDTZMERS FOUNDATZON 515 STEZN, DANETTE 512 TAyLOR-UZTKONSKZ, RENEE 6698 TEACH 1151 TECHNZC 3962 TERHZNIX ZNTERNATZONAL 2718 TERRY,* DONNA 7266 THOMAS,, JOHN 6230 TZTAN ZNDUSTRZAL FOOTNEAR CORP. 6266 TOOLS-R-US 6738 TRXNZTY DIVERSZFIED, ZNC, 3368 TRUGREEN - LANDCARE REGZONAL 6067 TUCKER, THCNAS Eo S JOYCE Ao 3637 UNZFZRST UNZFORM SERVZCE 1226 UNZTED PARCEL $ERVZCE 3866 UNZTED RENTALS 6606 UPLAND TENNZS CLUB 510 VAN 6REUKELEN,, 6398 VENTURA,, LOUZS 137 6661 533 213 508 507 ZIZ 3587 509 2021 506 VERZZON CALZFORNZA VERZZON NZRELESS WALTER BAREZSSfUSUFRUCTUARY OF THE WAXEEw NLEEN-LZNE CORP NEZR, JENELL WESTBY, JUNE NZLLDAN ASSOCZATES WOODRZDGE ESTATES,* LTD XEROX CORPDRATZQN YORK ZNDUSTRZES ZZNHERMANe HELENE STDRH DRAZN REZNBURSEMENT OLDTZMERS FOUNDATXON RECREATZQN TQPOGRAPHZCAL DESZGN SURVE1 GEDLOGZC STUDY REFUND OFFZCE SUPPLZES NONTHLT PEST CONTROL SERVZCE ZNSTRUCTOR PAYMENT REFUND PERS OEDUCllON RECREATZON REFUND BUSZNESS L/CENSE REFUND SUPPLZES PROFESSZONAL SERVZCES OEPOSZT REFUND UNZFORM SERVZCES UPS SERVZCE RENTAL ZNSTRUCTOR PAYMENT RECREATZON ZN$TRUCTOR PATWENT MONTHLT TELEPHONE BXLLZNGS OUSZNESS LZCENSE REFUND MASTER PLAN STORM DRA~N REZM5 MAZNT SUPPLZES RECREATZON RECREATZON PROFESSZONAL SERVZCES MASTER PLAN STORM DRAZN REZHBo COPY MACMZNE SUPPLZESISERVZCE GRAFFZTZ REMOVER RECREATZON O0 CHECKA OVERLAP 157368 18,,111o48 157369 741o21 157370 51o00 157371 39°00 I 157372 88°05 157373 265°00 I 157376 403°00 157375 282,60 157376 235°00 157377 83.99 157378 35.97 157379 152.69 157380 3,486o00 i 157381 30,,665°05 8 157382 1,,366o92 9 157383 75.50 157386 85.00 157385 lw353,60 I 151386 115o00 157387 ZSZoO0 157388 - 157388 ))) · 157389 739.67 157390 761o16 157391 10w960o99 J 157392 6,*296°93 157393 35.00 157396 51,00 8 157395 39137,38 157396 7,*896°66 I 151397 726°00 I 157398 885,71 · 157399 66°00 TOTAL 524t090o56 J THE CITY OF RANClIO CUCAMONGA Staff Report DATE: November 1,2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Thomas Grahn, AICP, Associate Planner REVISION TO THE BID AWARD FOR THE CONSTRUCTION OF FOUNDATION IMPROVEMENTS FOR REHABILITATION OF THE ISLE HOUSE TO INCLUDE TIME AND MATERIALS FOR THE REPLACEMENT OF FLOOR JOISTS AND FLOOR GIRDERS AND AN INCREASE IN THE BID AMOUNT FROM $91,514.50 TO $127,730.44 (A DIFFERENCE OF $36,215.94), TO BE FUNDED FROM CDBG FUNDS, ACCOUNT NO. 12043145650 1181. RECOMMENDATION: It is recommended that the City Council revise the total amount of the bid award to include Time and Materials for the replacement of floor joists and floor girders and increase the bid award by an additional $36,215.94, for a total of $127,730.44. The construction of foundation improvements for rehabilitation of the Isle House was funded from CDBG funds, Account No. 12043145650 1181. BACKGROUND/ANALYSIS: On August 16, 2000, the City Council authorized the execution of a contract for the construction of foundation improvements for rehabilitation of the Isle House. That contract totaled $91,514.50, and included the project bid of $83,195, plus a 10 percent contingency of $8,319.50. The contingency was intended to cover the cost of Time and Materials improvements that were anticipated, but fully unknown at the commencement of foundation improvements. Project improvements included foundation improvements for the structure, concrete sidewalks, concrete handicapped parking spaces, concrete curbs, and aggregate base for the driveway and remainder of the parking area. These items were identified as specific sum amounts in the bid; however, the replacement of floor joists, and girders was identified as replaced on Time and Materials. Due to the poor condition of many of the floor joists and girders, and installing blocking to establish a level floor, the rehabilitation work was more extensive than originally anticipated. The contractor has completed improvements specified in the bid and a revised total is necessary to appropriate additional funding for the project. The revised total includes the CITY COUNCIL STAFF REPORT REVISION TO BID AWARD FOR FOUNDATION IMPROVEMENTS TO THE ISLE HOUSE November 1,2000 Page 2 original bid of $83,195, plus a change order for $2,399.91 for additional footings, and $42,135.53 for Time and Materials, resulting in a total of $127,730.44. Respectfully submitted, Brad Buller City Planner BB/TG:ma RAN HO ENGINEERING CUCA MONGA DEPARTMENT Staff Report DATE: TO: FROM: BY: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Dale B. Catron, City Facilities Supervisor APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR CORPORATE YARD BUILDING IMPROVEMENTS IN THE AMOUNT OF $22,000.00 ($20,000.00 PLUS 10% CONTINGENCY) FUNDED FROM ACCOUNT NUMBER 01-4647-7043 (1001-316-5602) RECOMMENDATION It is recommended that the City Council approve plans and specifications for building improvements for the Corporate Yard and authorize the City Clerk to advertise the "Notlee Inviting Bids." BACKGROUND/ANALYSIS Staff has indicated that storage space within the existing maintenance area is critically needed. This project provides additional storage over the warehouse area. Council has previously approved the appropriation for this project in the FY 2000/2001 budget. Engineer's estimate for this project is $22,000.00. City Engineer WJO:DC:ju RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR CORPORATE YARD BUILDING IMPROVEMENTS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga City Council to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga City Council has prepared specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga City Council be and are hereby approved as the plans and specifications for the "CORPORATE YARD BUILDING IMPROVEMENTS". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Rancho Cucamonga, San Bemardino County, Califomia, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga City Council will receive at the OFFICE OF THE CITY CLERK IN THE OFFICES OF THE CITY OF RANCHO CUCAMONGA, ON OR BEFORE THE HOUR OF 2:00 P.M. ON DECEMBER 5, 2000, sealed bids or proposals for "CORPORATE YARD BUILDING IMPROVEMENTS" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, Califomia, 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga City Council, California, marked, "BID FOR CORPORATE YARD BUILDING IMPROVEMENTS". A Pre-Bid Job Walk is scheduled for Tuesday, November 28, 2000, at 9:00 a.m. at the Corporate Yard, 9153 Ninth Street, Rancho Cucamonga, California, 91730, where bidders may present questions regarding the Bid Documents: Plans, Proposals, Specifications. THIS MEETING IS MANDATORY. Verification of attendance at the Pre-Bid Job Walk will be CITY COUNCIL RESOLUTION NO. CORPORATE YARD BUILDING IMPROVEMENTS November 1,2000 Page 2 documented by signing in at the meeting. Any bidder not documented as being present at the Pre-Bid Job Walk will be excluded from the bid process. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Rancho Cucumonga, 10500 Civic Center Drive, Rancho Cucumonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provision of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to joumeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any /¢ CITY COUNCIL RESOLUTION NO. CORPORATE YARD BUILDING IMPROVEMENTS November 1, 2000 Page 3 apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the C~ty of Rancho Cucamonga, twenty-five dgllars ($25.00) for each laborer, workman, or mechani~ employed in the execution of the cgntract, by him or any subcontractor under him, .upon any of the work hereinbefore mentioned, for each calendar' day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga City Council awards the contract to the next lowest bidder, the amount of the lowest bidder' s security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. /[ CITY COUNCIL RESOLUTION NO. CORPORATE YARD BUILDING IMPROVEMENTS November 1, 2000 Page 4 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractors licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including but not limited to a "Class B' (General Building Contractor). In accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the California Business and Professions Code, Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is tree and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga City Council on file in the Office of the City Clerk at 10500 Civic Center Dfivd, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is.non-refundable. : ~ Upon written request by the bidder, copies of the plans and specifications Will be mailed when said request is accompanied by payment stipulated above, together with an additional non-reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. Questions regarding this Notice Inviting Bids for CORPORATE YARD BUILDING IMPROVEMENTS may be directed to: Dale Catron, Facilities Supervisor 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 (909) 477-2700, ext. 4090 By order of the City Council of the City of Rancho Cucamonga, California. Dated this 1st day of November 2000. ADVERTISE ON: November 14, 2000 and November 21, 2000 R A N CUCAM ON GA ENGINEERING DEPARTFIENT Sg3gRe rt DATE: November 1, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Vicki Chilicki, Engineering Technician SUBJECT: APPROVAL OF ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND . STREET LIGHTING MAINTENANCE DISTRICT NQS. 1 AND 6, ' FOR MINOR DEVELOPMENT REVIEW 99-46, LOCATED AT 8388 UTICA AVENUE, SUBMI'I'I'ED BY VANGUARD TOOL '. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Minor Development Review 99-46. BACKGROUND/ANALYSIS: Minor Development Review 99-46, located at 8388 Utica Avenue, received City Planner approval on May 30, 2000, for a building addition for office use at the Vanguard Tool facility located in the General Industrial District (Subarea 7) of the Industrial Area Specific Plan. Vanguard Tool has submitted a signed Consent and Waiver to Annexation form signed by the property owner (Robert A. Scudder). Copy of said form is available in the City Clerk's office. Respectfully submitted, City Engineer WJO:VC:sd Attachments /7 RESOLUTION NO. 06 -P2 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 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 99-46 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within .the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and RESOLUTION NO. MDR 99-46 November 1, 2000 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements, The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. ' Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceed ngs of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Robed A. Scudder The legal description of the Property is: PARCELS 21 AND 22, PARCEL MAP NO. 6206, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 59 OF PARCEL MAPS, PAGES 91 THROUGH 95, INCLUSIVE, RECORDS OF SAID COUNTY. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. EXHIBIT 'A'- 7_- ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 L ~CIVIC CENTEft ~; u ~ _ Par 5 . , ~ ,~. ~ ~ r.Z ~ ~ Pot. I , /o~13 ~ IHIo ~, Io~71 Par, I ~r.~ ' ~ ~ ~ ~ """'~ : ......:" - MI~R. 9~- q~ CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA A NORTil 3/ Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL) Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district, Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres of the Adult Sports Park (not including the stadium, parking lots or the maintenance building. STREET LIGHT MAINTENANCE DISTRICT NO. I (ARTERIAL STREETS): · ,. Street Light Maintenance District No. I (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or commemial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352,80 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No. 3b (Commercial/Industrial Maintenance District): # of Rate Per Physical # of Assessment Assessment Assessment Land Use Unit Tvpe Physical Units Factor Units Unit Revenue Comm/Ind Acre 1849.01 1.0 1849.01 $352.80 $652,330.7 3 The Proposed Annual Assessment against the Properly (MDR 99-46) is: 1.08 Acres x 1 A.U. Factoi' x $352.80 Rate Per A.U. = $381.02 Annual ASSessment STREET LIGHT MAINTENANCE DISTRICT NO. I (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Rate Per Physical #of Assessment Assessment Assessment Land Use Unit Type Physical Units Factor Units Unit Revenue Single $301,310.0 Family Parcel 16,956.00 1.00 16,956.00 $17.77 0 Multi-Family Parcel 6,257.00 1.00 6,257.00 $17.77 $111,190.0 0 Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 Total $483,560.0 0 The Proposed Annual Assessment against the Property (MDR 9946) is: 1.08 Acres x 2 A.U. Factor x $17.77 Rate Per A,U. = $38.38 Annual Assessment EXHIBIT C (continued) STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (Commercial/Industrial): # of Rate Per Physical #of Assessment Assessment Assessment Land Use Unit Type Physical Units Factor Units Unit Revenue Comm/Ind Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00 The Proposed Annual Assessment against the Property (MDR 99-46) is: 1.08 Acres x I A.U. Factor x $51.40 Rate PerA.U. = $55.51 Annual Assessment CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR MDR 99-46 LANDSCAPE MAINTENANCE DISTRICT NO. 3B, STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 6 STATE OFCALIFORNIA COUNTY OFSANBERNARDINO CITY OFRANCHO CUCAMONGA WILLIAM J. O'NEIL, the undersigned, hereby certifies as follows: That I am the duly CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 6th day of September, 2000, I reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file in the Office of the City Clerk. That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District. That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of California. EXECUTED this 1st day of November, 2000, at Rancho Cucamonga, California. CITYENGINEER CITYOFRANCHOCUCAMONGA STATE OFCALIFORNIA T HE C IT Y OF CUCAMONGA S Report DATE: TO: BY: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Phillip Verbera, Assistant Engineer RELEASE OF TWO REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENTS FOR PARCEL MAP 15282 AND THOSE PARCELS, LOCATED WITHIN THE BLOCK OF LAND BOUNDED BY FOOTHILL BOULEVARD, SPRUCE AVENUE, ASPEN STREET AND LAUREL.STREET, SUBMITFED BY S & D. RANCHO CUCAMONGA CALIFORNIA, LTD. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution releasing two Real Property Improvement Contracts and Lien Agreements, and authorizing the Mayor to sign said release and the City Clerk to record same. BACKGROUND/ANALYSIS: A Real Property Improvement Contracts and Lien Agreement was approved by the City Council on August 6, 1981, and recorded on September 10, 1981, as Document No. 81-201600 in the office of the County Recorder, San Bernardino County, California. Another Agreement was approved on August 11, 1987, recorded on September 4, 1987 as Document No. 87-31353 in said office. These agreements were for the future construction of the once missing Foothill Boulevard median island between Spruce Avenue and Aspen Street. Adjacent property development (Terra Vista Town Center) has installed said street improvements, and they have been fully accepted by the City. Adjacent propedies are still required to pay their share of the costs for construction of the median as they develop. The release of these agreements for this referenced portion of land will not change the policy of continuing the collection of the in-lieu fee for the cost of the median construction. CITY COUNCIL STAFF REPORT REEEASE OF REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENTS November 1, 2000 Page 2 The present owners of Parcel Map 15282 (portion of the referenced block) have filed for these releases to remove this unnecessary encumbrance and clear title to all the existing parcels within the referenced block of land. Respectfully Submitted, City Engineer WJO: PV:sc '- Attachment RE OLUT,ON NO. O0 - ¢ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING TWO REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENTS ON THOSE PARCELS WITHIN THE BLOCK OF LAND BOUNDED BY FOOTHILL BOULEVARD, SPRUCE AVENUE, ASPEN STREET AND LAUREL STREET WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 81-115 accepting a Real Property Improvement Contract and Lien Agreement from Doan Corporation and adopted Resolution No. 87-427 accepting a Real Property Improvement Contract and Lien Agreement from Rancho Cucamonga Business Park Equities, a California General Partnership; and WHEREAS, said Real Property Improvement Contract and Lien Agreements · were recorded in Official Records of San Bernardino County, California, on September 10, 1981, as Document No. 81-201600 and .on September 4, 1987, as Document No.. 87-310353; and : -.; WHEREAS, said Real Property Improvement Contract and Lien Agreements are no longer required for those parcels within the block of land-bounded by Foothill Boulevard, Spruce Avenue, Aspen Street and Laurel Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release the two said Real Property Improvement Contract and Lien Agreements for those parcels within the block of land bounded by the aforementioned streets and that the City Clerk shall cause a Release of Lien for each of the aforementioned agreements and parcels to be recorded in the office of the County Recorder of San Bernardino County, California. FOOTHILL North Not to Scale ' CITY OF RANCHO CUCAMONGA ENGINEEKING DIVISION Staff RePort Lien Releases T H E C I T Y 0 F RANCHO CUCAMONGA SlaffReport DATE: TO: FROM: BY: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Dan James, Senior Civil Engineer APPROVAL OF IMPROVEMENT AGREEMENT AMENDMENT FOR TRACT 14381, LOCATED ON THE NORTH SIDE OF WILSON AVENUE WEST OF ETIWANDA AVENUE, SUBMITTED BY MASTER CRAFT HOMES AND GENERAL ELECTRIC CAPITAL CORPORATION RECOMMENDATION: It is recommended that City Council adopt the attached resolution accepting the subject agreement and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS: Tentative Tract 13527, located at the northwest corner of Etiwanda and Wilson Avenues, in the Low Residential Development District, was approved by the Planning Commission on September 28, 1988, for the division of 88 acres into 252 lots. The first two of five final maps, Tracts 14379 and 14380, were approved by the City Council on November 6, 1991. The subject map, Tract 14381, is the third map and was approved by the City Council on October 6, 1999. The Developer, Master Craft Homes and General Electric Capital Corporation, submitted an agreement and security for Tract 14381 to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: Labor and Material Bond: $305,500 $152,750 This amendment to the agreement for Tract 14381 is transferring some bonds from Tract 14380 to Tract 14381. The bonds that are being transferred are as follows: CITY COUNCIL STAFF REPORT TRACT 14381 November 1, 2000 Page 2 Description Channel H & Debris Basin CCWD Access Road Temporary Basin Temporary Basin Removal Phase I Landscape Balance Wilson, Etiwanda/Cervantes Wilson, Etiwanda South to North TOTAL Faithful Performance $566,500 $ 20,000 $ 69,500 $184,700 $275,000 $161,600 $ 38,400 $1,315,700 MaterialandLabor $283,250 $ 10,000 $ 34,750 $ 92,350 $137,500 $ 80,800 $ 19,200 $657,850 Copies of the agreement and securities are available in the City Clerk's office. Respectfully Submitted, William J. O'Neil City Engineer WJO:DJ:sc Attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14381 IMPROVEMENT AGREEMENT AMENDMENT WHEREAS, Tentative Tract Map No. 13527, submitted by Terry Melcher and consisting of 252 lots located at the northwest corner of Etiwanda and Wilson Avenue, was approved by the Planning Commission of the City of Rancho Cucamonga on September 28, 1988, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by MasterCraft Homes and General Electric Capital Corporation; and WHEREAS, an Improvement Agreement for Tract 14380 was approved by the City on January 7, 1999; and WH EREAS, an Improvement Agreement for Tract 14381 was approved by the City on October 6, 1999; and WHEREAS, Tract 14380 and Tract 14381 are phased subdivisions for Tentative Tract 13527; and WHEREAS, Developer desires to transfer improvement bonds of certain requirements from Tract 14380 to Tract 14381. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement Amendment submitted by said developer be and the same are hereby approved, and the Mayor is hereby authorized to sign said Improvement Agreement Amendment on behalf of the City of Rancho Cucamonga, and the City Clerk to attest. CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION L NORTH 1" = 1000' TITLE: Tract 14381 EXHIBIT: Vicinity Map RANCHO ENGINEERING CU CAMONGA DEPARTF, IENT S Repo DATE: November 1,2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer/Interim Community Development Director SUBJECT: APPROVAL TO ENTER INTO COMMUNICATIONS SITE GROUND .LEASE AGREEMENT AT HERITAGE, HERMOSA AND WINDROWS PARKS~BETWEEN AT & T WIRELESS SERVICES, INC., A DELAWARE CORPORATION AND THE CITY OF RANCHO CUCAMONGA FOR THE PURPOSE OF INSTALLING A WIRELESS COMMUNICATION FACILITY FOR AT & T'S PERSONAL COMMUNICATION SERVICE RECOMMENDATION It is recommended that the City Council approve Communications Site Ground Lease Agreement at Heritage, Hermosa and Windrows Parks between AT & T Wireless Services, Inc., A Delaware Corporation and authorizing the Mayor to sign these Agreements. BACKGROUND AT & T Wireless Services, Inc. has been negotiating a Communications Site Ground Lease Agreement with City staff for the placement of an electronic transmission facility for their personal communication service at Heritage, Hermosa and Windrows Parks, ANALYSIS Community Development staff, in conjunction with the City Attorney's office, has been reviewing several draft agreements over the past few months. A final Agreement has been approved by the City Attorney's office and contains the following key elements of the terms and conditions: CITY COUNCIL STAFF REPORT COMMUNICATIONS SITE GROUND LEASE AGREEMENT November 1, 2000 Page 2 Rent: The initial Annual Rent shall be twelve thousand dollars ($12,000.00) paid in advance, in equal monthly installments on the first of each month. On July 1 of each lease year and any extensions thereto, the Annual Rent shall increase by the C.P.I. (Consumer Price Index) of the then current Annual Rent in effect. Access: Access to the premises shall be available to Lessee at all times, 24 hours per day, 7 days per week. Should there be special access circumstances, detailed procedures shall focus on these issues and on the need for Lessees to be able to access the Premises in case of emergency at any time. The Public Works Subcommittee has reviewed this item and recommends approval. Respectfully Submitted, ,:, William J~ 'O'Neil ..' City Engineer/Interim Community Development Director WJO:dlw RANCHO CUCAM O NGA ENGINEERING DEPARTMENT Staff Report DATE: TO:. FROM: BY: SUR1ECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Dave Blevins, Public Works Maintenance Manager APPROVAL AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT NOT TO EXCEED $200,000 WITH THE CLEAN ':., FUEL CONNECTION, INC. FOR , THE DESIGN, CONSTRUCTION, AND RELATED PROJECT ,MANAGEMENT FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS AT ELEVEN CITY LOCATIONS. AGREEMENT, IS FUNDED FROM 1124303 -5650/276124-0 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Clean Fuel Connection, Inc. for the design, construction, and related project management for the installation of electric vehicle charging stations at eleven City locations. BACKGROUND/ANALYSIS: The California State Energy Resources Conservation and Development Commission's Fiscal Year 1999/2000 budget includes an appropriation of $200,000 for use by the City of Rancho Cucamonga for the installation of electric vehicle charging stations at eleven city facilities (see Attachment 1). The appropriation is by request of State Senator Jim Brulte. The City has until March 2002 to expend the funds and close out the project. On September 1, 2000, the Commission's completed execution of their agreement thereby allowing the City to proceed with the project. CITY COUNCIL STAFF REPORT PROFESSIONAL SERVICES AGREEMENT - CLEAN FUEL CONNECTION, INC. November 1, 2000 Page 2 The design and construction of electric vehicle charging stations constitutes a niche market where few consulting firms compete. Staff identified only one such consultant within the region, Clean Fuel Connections, Inc. (CFCI). CFCI is an authorized sales agent of the Sacramento Municipal Utility District, the GM and Toyota inductive charging station distributor. Current mtmicipal clients of CFCI include Pasadena, West Hollywood, Anaheim, Santa Clara, Berkeley, and San Francisco. Other clients are Costco, NBC, Vandenberg Air Force Base, Oakland and San Jose International Airports, and the counties of Los Angeles and Santa Clara. CFCI is an active participant locally, nationally, and internationally in the promotion of electric vehicle technology. The City Attorney has reviewed this agreement. Respectfully submitted, City Engineer ~ WJO:DB/smd Attachments Attachment Location 1. Civic Center 2. Corporate Yard 3, Victoria Groves Park 4. Etiwanda Creek Park 5. Milliken Park 6. Windrows Park 7, Adult Sport Complex Little League Lot North Lot 8. Hedtage Park 9. RC Library 10. Redhill Park 11. Beryl Park West RANCHO C U C A M O N G A ENGINEERING DEPARTMENT S tffReport DATE: TO:. FROM: BY: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Jerry A. Dyer, Associate Engineer APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RMA GROUP, TO PROVIDE GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR THE PROPOSED HERMOSA STORM DRAIN AND STREET WIDENING - PHASE I IMPROVEMENTS, IN THE AMOUNT OF $32,247.60 ($29,316.00 PLUS 10% CONTINGENCY), TO BE FUNDED FROM REDEVELOPMENT AGENCY FUNDS, ACCOUNT NO.: 15-51000 (OLD) OR 26408015602 (NEW) RECOMMENDATION: It is recommended that the City Council approve the Professional Services Agreement and an · additional 10% contingency with RMA Group to provide Geotechnical and Material Testing Services for the proposed Hermosa Storm Drain and Street Widening- Phase 1 Improvements, and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND/ANALYSIS: The City requested and received a proposal to provide Geotechnical and Material Testing Services from RMA Group. Their proposal met all of the City's requirements in an amount of $29,316.00 plus 10% contingency to be funded from Redevelopment Agency Funds. Account No. 15-51000 (old) or 26408015602 (new). RMA Group has provided services to the City in the past with favorable results. City Engineer WJO:JAD Attachments EXHIBIT "A" SCRRAhiI~T~ks IMPROVEMENT LIMITS 4TH STREET TO 350' SOUTH OF 8TH STREET N,T,S, Lower Hermosa Avenue Storm Drain and Street Widening VICINITY MAP RAN CUCAMONGA ENGINEERING DEPARTMENT StaffRtTort DATE: T~ FROM: BY: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Jerry A. Dyer, Associate Engineer APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH SB&O, Inc., TO PROVIDE CONSTRUCTION SURVEY SERVICES FOR THE PROPOSED HERMOSA STORM DRAIN AND STREET WIDENING - PHASE 1 IMPROVEMENTS, IN THE AMOUNT OF $37,675 ($34,250.00 PLUS 10% CONTINGENCY), TO BE FUNDED FROM REDEVELOPMENT AGENCY'. FUNDS, ACCOUNT NO. 15-51000 (OLD) OR 26408015602 (NEW) RECOMMENDATION: It is recommended that the City Council approve the Professional Services Agreement and an additional 10% contingency with SB&O, Inc., to provide Construction Survey Services for the proposed Hermosa Storm Drain and Street Widening - Phase I Improvements, and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND/ANALYSIS: The City requested and received a proposal to provide Construction Survey Services from SB&O, Inc. Their proposal met all of the City's requirements in an amount of $34,250.00 plus 10% contingency to be funded from Redevelopmerit Agency Funds, Account No. 15-51000 (old) or 26408015602 (new). SB&O, Inc., has provided services to the City in the past with favorable results. Res fully su~ec[, Willsam J. O'Neil City Engineer WJO:JAD Attachments EXHIBIT "A" SCgRAhilmadTra¢l~ IMPROVEMENT LIMITS 4TH STREET TO 350' SOUTH OF 8TH STREET N.T.S. Lower Hermosa Avenue Storm Drain and Street Widening VICINITY MAP RAN HO ENGI,NEERING CUCAMONGA DEPADTMENT Staff Report DALE: November 1, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Jerry A. Dyer, Associate Engineer Richard Oaxaca, Engineering Technician SUBJECT: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF.THE CONTRACT IN THE AMOUNT OF $3,395,889.20 ($3,087,172.00 PLUS 10% CONTINGENCY) TO THE APPARENT LOW BIDDER, SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, FOR THE CONSTRUCTION OF THE LOWER HERMOSA STORM DRAIN & STREET WIDENING- PHASE I, TO BE FUNDED FROM RDA ACCOUNT NO. 15-51000 (OLD), 26408015602 (NEVV). RECOMMENDATION: It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $3,395,889.20 ($3,087,172.00 plus 10% contingency) to the apparent low bidder, Southern California Underground Contractors, for the construction of the Lower Hermosa Street and Storm Drain and Street Widening- Phase I, from 4t~ Street to 350' south of 8m Street, to be funded from RDA Account No. 15-51000 (old), 26408015602 (new). BACKGROUND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on October 17, 2000, for the subject project. The Engineer's estimate was $3,594,195.0Q Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. ~iimitte~ City Engineer WJO:JAD:RO Attachment BH) SUMMARY LO~VFER HEP-,~IOSA STOR~4 DRAIN & STREET WIDENING - PHASEI i UNIT NO 0TY UNTT DESCRIPTION COST TOTAL Page 1 BID CORRECTED AMOUNT AMOUNT $5,000.00 S55.305.00 NOIL~FAR PLUMBING CO. BID UNIT CORRECTED COST UNIT COST $170,GG0.00 $170.000.00 SILO0 $11.00 $18.50 $18.50 $0.34 $0.34 $36.00 $36.00 $3.00 $3.(X) UNIT AMOUNT COST AMOUNT $170.000.00 $20.000.00 $169f~2.00 $30.00 $5,985.00 ~.GO $42.000.00 $3,195,746.72 ) LAIRD CONSTRUCTION UNIT JNT COST AMOUNT L110.0( $9.7~ S101.507.25 hl40.OC ~.2~ ~4,106.2s 1,920.0C $30.0~ IF342.690.00 LT00.0C $165.0C ~,755.00 L200.00 $2.700.0C ~51400.00 L400.0O $3.130.0(1 !~12,520.00 L200.00 $5.500.00 $33~000.00 .322.00 $6.60 $12.454.20 L500.00 ~2,g65.00 $14,321.00 '.500.00 $3.215.00 $161075.00 :.500.00 $4.320.00 ~4.320.00 '.140.00 $'271.565.00 ~F2711565.0( .894.00 $10.30 $691689.~1 .670.00 $4.20 ~;81169.(X .550.00 $2.40 ~,840.0( F720-00 :F2.40 .0O0.00 $3,460.00 $3,460.0( .000.00 $21.600.00 .772.00 $50.00 .(130.00 $107.00 $261750.0( .040.00 $125.00 ~1750.0( .312.00 $130.00 $79v690.0( .340.00 $140.00 ~gI141100.0( .664.06 $165.00 ~364,980.0( .000.0( $380.00 ' !FI,140.O( .~(10.(X $8.100.00 ' $8,100.0( .000.0( ~/00.00 ~11,200.0( .000.{X ~540.00 IH,0S0.0( 1000.0( $54,000.00 ~54,000.0( ,0O0.0( $24.715.00 $24,715.0( .000.0( $191160.00 $191160.0C .000.0( $11.880.00 ~111880.0( .0O0.O( $1.620.00 $11620.0C NO QTY UNIT 2. 3687 LF 4. 657 CY 5. 8224 TON 6. 23053 SY 7. 11423 TON 8. 3250 SF 9. 14 EA 10. 29 EA 12. 4 EA 13. 3 EA 14, 6 EA 15. 1887 SF 16. 5 EA 17. 5 EA 18. I EA 19. 8 EA 20. I LS 21, 6766 LF 22. 1945 SF 23. 2850 SF 24. 240 SF 25. I EA 26. I LS 27. 4860 LF 28. I LS 29. 498 LF 30. 932 LF 31. 250 LF 32. 46 LF 33. 613 LF 34. 815 LF 35. 2212 LF 36. 7 EA 37. 3 EA 38. I EA 39. 16 EA 40. 2 EA 41. 7 EA 42. I LS 43. I LS BID SUMMARY SEAN MALEK LOWER HERMOSA STORM DRAIN & STREET WIDENING - ENGINEERING & PHASE 1 CONSTRUCTION, INC. UNIT DESCRIPTION COST Ctearinl~ & Grubbins $320,000.00 Remove rectanRuinr Channel $25.00 Unclassi~ed Excavation (F) $10,00 Unclassi~ed FilI (F) $35,00 Crushed A~gregate Base (CAB} $15.00 Pulverize Exist. AC (F) $O.41 Asphalt Concrete Pavement $37.00 Cold Mill AC Var. Thick (0' to 1 .SD $1.00 Adjust Manhole Frame & Cover to FO $600.00 Adjust Water Valve Box & Cover to FG $200.00 Catch Basin, W=T $3,000.00 Catch Basin. W = 10' $4,000.00 Catch Basin, W = 14' $4.500,00 Catch Basin, W=21' $6,OCO.00 L~cal De0ression $6.50 Storm Drain Manhole 'No. 2" $5,UO0.00 Storm Drain Manhole 'No. 4" $6,000.00 Mt~li~ed Reinforced Concrete Headwall $6.000.00 P.C.C. Collar $350.00 BrinEe Widening $525.000.00 A2-8 P.C.C. Curb Guiler $12.00 8" P.C.C. Driveway Approach Type "C" $4.00 4" P.C,C, Sidewalk $2.00 P.C.C. Wheel Chair Ramp $40.00 Child Protective Barrier $3300.00 Street Lightinn Cooduits Per Utiliw Plans $135,000.00 FO Conduit, Pullboxes, and Appurt. $25.00 Bracing or Shorln~ $65,000.00 18" Diameter RCP (1560 D) $55.00 36" Diameter RCP (1500 D) $75.00 42" DCP (1500 D) $110.00 5l" Diameter RCP (1500 D) $156.00 54" Di~neter RCP (1500 D) $175.00 64}" Diameter RCP (1500 D) $210.00 69" Diameter RCP (1500 D) $235.00 JUnction Structure "No. 2" $300.00 Junction SUuctare "No. 4" $200.00 Tramition Structure "No. 1" $15.0~0.00 P.C.C. Utiliv/Supports $1,000.00 Concrete Blankets $2,100.00 Brick &Mortar Plug $500.00 Traffic SiRhal MOdification $360,000.00 Landscape & Irrigation $28.000.00 Traffic Control $46,000.00 Traffic Stripim~ &Signing $16,000.00 Pavement Markers $2300.00 COLICH & SONS, INC. Page 2 UNIT ' - AMOUNT COST AMOUNT $320,000.~0 $130,665.00 $130,665.00 $92375.00 $46.00 $169,602.00 $104,110.C~ $7.00 $72;g77.00 $22,995.00 $26.00 $17,082.00 $123,360,C~ $9.00 $74,016.00 $9,451.73 $L00 $23.053.00 $~22,651.00 $38.00 $4~4,074.00 $3,250.00 $2.00 $6,500.00 $8,400.00 $436.00 $6.104.00 $5.800.00 $123.60 $3,567,00 $6.000.00 $3,380,00 $6,760.00 $16.000.00 $3.591.00 $14,364,00 $13,500.C~ $4,248.00 $12,744.00 $36.000.00 $5,686.00 $M.116.00 $25,000.00 $7,882.00 $39.410.00 $30,{X)0.00 $11.259.00 $56.295.00 $6,000,00 $4,462.00 $4,462.00 $2,800.00 $169.00 $1,352.00 $525.000.00 $307,586.00 $81,192.00 13 $7,780.00 10 $5,700.00 4 $2,400.00 I0 $3,500.00 5037 $135,000.G0 926663 $121,500.00 45 $45.000.00 52666 $27.390,00 i00 $69,900.00 118 $27,500.00 220 $7,176,00 345 $107,275.00 177 $171.150.00 208 $519.820.00 172 $2.1(30.00 777 $600.00 658 $15,{X)0.00 12118 $16,000.00 1079 KEC ENGINEERING UNIT ~ COST AMOUNT s83.oco.oo] $83,o~o.oo $50.00] $184,350.00 $20.00 $208.220.00 $20.00 $13.140.00 $10.00 $82,240.00 $2,00 $46,106.00 TOTAL ] $3,610,941.23 $307,586.00 $260.000.00 $260.000.00 $~7,958.00 tO $67.660.00 $19,450.00 6 $11,670.00 $2,400.00 5 $1,200.00 $5,037.00 6~O $6,000.00 $926,663.00 . 700000 $700.000.00 $218,700.00 ,.120 $683,200.00 $52.666.00 16000 $16.000.00 $49.800.00 120 $59,760.00 - $109.976.00 85 $79,220.(X) $55,000.00 180 $45,000.00 $15,8?0.00 225 $10.350.00 $108301.00 120 $73.560.00 $169.520,00 150 $122,250.00 $380.464.00 150 $331.800.00 $5,439,00 1200 $8,400.00 $1,974.00 360 $1,080.00 $12,118.00 9800 $9.800,00 $17,264.00 420 $6,720.00 $1.984.00 500 $1,000.00 $3,710.00 700 $4,9~0.00 UNIT COST AMP EXHIBIT "A" 6~h ~ee~ 4~h ' IMPROVEMENT LIMITS 4TH STREET TO 350' SOUTH OF 8TH STREET Lower Hermosa Avenue Storm Drain and Street Widening VICINITY MAP THE CITY OF I~ANCIIO C[ICAr'IONGA StYf Report DATE: TO: FROM: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager APPROVAL OF A RESOLUTION APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) Recommenda~on It is recommended that the City Council approve this resolution approving a Joint Community Facilities Financing Agreement between the City and the Cucamonga County Water District (CCWD). This agreement specifies that the CCWD would take ownership of certain water and sewer facilities that are constructed by Catellus Development Corporation. Per state law, this agreement is necessary in order for these facilities to be funded by a Community Facilities District (CFD). Backqround This Community Facilities District is being formed at the request of the project developer Catellus Development Corporation. The project is known as CFD 2000- 02 (Rancho Cucamonga Corporate Park) and is located south of Foothill, north of Arrow Route and on the east and west sides of Milliken. The developer is making many public improvements including roads, storm drains, water lines, fire hydrants and sewers. In order for the CFD to fund these public improvements certain actions are required by the appropriate legislative bodies responsible for the improvements. Because water and sewer facilities are not the City's responsibility, it is necessary that an agreement be approved with the CCWD in order for these facilities to be eligible for funding. This agreement states that the water and sewer facilities will be built to the CCWD's standards and that CCWD will take ownership and maintain these facilities once completed. Page 2 November 1, 2000 APPROVAL OF A RESOLUTION APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BE'rVVEEN THE CITY AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) This serves the community by helping to expedite the construction of needed public improvements in this area of the City. The special tax that would pay for the bonds to fund these facilities is being born solely by the developer and is levied only within the boundaries of the CFD. Because this will not have an impact on the general fund or other taxpayers and because the developer is in agreement with this funding structure for these public improvements, we recommend that the City Council approve this agreement with CCWD. ~ll~Tu ~tte~_,,~_ Duane A. Baker Assistant to the City Manager RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982', being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing for the financing of the acquisition of certain public facilities. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (the "District"); and, WHEREAS, included among the public facilities proposed to be acquired are certain water and sewer facilities which will be owned, operated and maintained by the Cucamonga County Water District ("CCWD"); and, WHEREAS, the Act provides that the District may finance the acquisition of facilities to be owned or operated by an entity other than the City of Rancho Cucamonga (the "City") only pursuant to a joint community facilities agreement adopted pursuant to Government Code Section 53316.2; and WHEREAS, Government Code Section 53316.2 provides that the City Council and the Board of Directors of CCWD may enter into a joint community facilities agreement at any time prior to the adoption by the City Council of the resolution of formation creating the District if each legislative body adopts a resolution declaring that such joint community facilities agreement would be beneficial to the residents of each respective agency; and WHEREAS, the form of a Joint Community Facilities Agreement by and between the City and CCWD (the "JCFA") has been presented to this City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DECLARATION. The City Council hereby declares that the JCFA would be beneficial to the residents of the City. SECTION 3. APPROVAL OF JCFA. The form of JCFA as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager or such other official of the City as may be designated by this City Council (an "Authorized Officer"), acting for and on behalf of the District, is hereby authorized and directed to execute and deliver the JCFA subject to such additions or changes therein as such Authorized Officer shall deem to be in the best interests of the District following consultation with and review by the City Attorney and Best Best & Krieger LLP, the District's bond counsel. PASSED, APPROVED, And ADOPTED this __, 2000. day of AYES: NOES: ABSENT: ATTEST: William J. Alexander Mayor Debra J. Adams, CMC, City Clerk THE CITY I~ANCHO O~ CHCAHONGA Staff Report DATE: TO: FROM: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager APPROVAL OF A RESOLUTION APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) Recommendation It is recommended that the City Council approve this resolution approving a Joint Community Facilities Financing Agreement between the City and the Cucamonga County Water District (CCWD). This agreement specifies that the CCWD would take ownership of certain water and sewer facilities that are constructed by pacific Communities. Per state law, this agreement is necessary in order for these facilities to be funded by a Community Facilities District (CFD). Backqround This Community Facilities District is being formed at the request of the project developer Pacific Communities. The project is known as CFD 2000-01 (South Etiwanda) and is generally located east of Etiwanda Avenue, west of East Avenue, and on the north and south sides of Miller Avenue. The developer is making many public improvements including roads, storm drains, water lines, fire hydrants and sewers. In order for the CFD to fund these public improvements certain actions are required by the appropriate legislative bodies responsible for the improvements. Because water and sewer facilities are not the City's responsibility, it is necessary that an agreement be approved with the CCWD in order for these facilities to be eligible for funding. This agreement states that the water and sewer facilities will be built to the CCWD's standards and that CCWD will take ownership and maintain these facilities once completed. Page 2 November 1, 2000 APPROVAL OF A RESOLUTION APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) This serves the community by helping to expedite the construction of needed public improvements in this area of the City. The special tax that would pay for the bonds to fund these facilities is being born solely by the developer and is levied only within the boundaries of the CFD. Because this will not have an impact on the general fund or other taxpayers and because the developer is in agreement with this funding structure for these public improvements, we recommend that the City Council approve this agreement with CCWD. Duane A. Baker Assistant to the City Manager RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing for the financing of the acquisition of certain public facilities. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) (the "District"); and, WHEREAS, included among the public facilities proposed to be acquired are certain water and sewer facilities which will be owned, operated and maintained by the Cucamonga County Water District ("CCWD"); and, WHEREAS, the Act provides that the District may finance the acquisition of facilities to be owned or operated by an entity other than the City of Rancho Cucamonga (the "City") only pursuant to a joint community facilities agreement adopted pursuant to Government Code Section 53316.2; and WHEREAS, Government Code Section 53316.2 provides that the City Council and the Board of Directors of CCWD may enter into a joint community facilities agreement at any time prior to the adoption by the City Council Of the resolution of formation creating the District if each legislative body adopts a resolution declaring that such joint community facilities agreement would be beneficial to the residents of each respective agency; and WHEREAS, the form of a Joint Community Facilities Agreement by and between the City and CCWD (the "JCFA") has been presented to this City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DECLARATION. The City Council hereby declares that the JCFA would be beneficial to the residents of the City. SECTION 3. APPROVAL OF JCFA. The form of JCFA as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager or such other official of the City as may be designated by this City Council (an "Authorized Officer"), acting for and on behalf of the District, is hereby authorized and directed to execute and deliver the JCFA subject to such additions or changes therein as such Authorized Officer shall deem to be in the best interests of the District following consultation with and review by the City Attorney and Best Best & Krieger LLP, the District's bond counsel. PASSED, APPROVED, And ADOPTED this __, 2000. day of AYES: NOES: ABSENT: ATTEST: William J. Alexander Mayor Debm J. Adams, CMC, City Clerk THE CITY OF ~ANCIIO CUCAI, IONGA Staff Report DATE: TO: FROM: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager APPROVAL OF A RESOLUTION OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) DECLARING THE RESULTS OF A SPECIAL ELECTION Recommenda~on It is recommended that the City Council approve the attached resolution declaring the results of a special election held on October 11,2000 pursuant to the direction of the City Council. This election was held among the property owners in Community Facilities District (CFD) 2000-03 (Rancho Summit) to decide if a special tax should be levied, if a bonded indebtedness not to exceed $3 million should be authorized and if an appropriations limit should be set at $3 million. On October 11, 2000 the one property owner in the CFD voted in favor of the proposals. The election was overseen by the City Clerk and conducted in accordance with state law. Approval of this resolution will officially declare the results of this vote. Respectfully submitted, Duane A. Baker Assistant to the City Manager RESOLUTION NO. 00 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to create and did establish a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) (the "District"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the District a proposition relating to the levy of special taxes and the issuance of bonds and a separate proposition relating to the establishment of an appropriations limit for the District; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO. SUMMIT), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF RANCHO CUCAMONGA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) SPECIAL ELECTION in said City, held October 11, 2000. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: 132 II. VOTES CAST ON PROPOSITION A: YES 132 NO III. VOTES CAST ON PROPOSITION B: YES 132 NO WITNESS my hand and Official Seal this ELECTION OFFICIAL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA OFFICIAL BALLOT SPECIAL ELECTION NUMBER OF VOTES ENTITLED TO BE CAST: 132 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) OCTOBER 11, 2000 INSTRUCTIONS TO VOTERS To vote on any measure, fill in the voting square after the word "YES" or after the word "NO". If you tear or deface this ballot, notify the City Clerk to obtain a second ballot. PROPOSITION A Shall the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit), County of San Bernardino, 1) incur a bonded indebtedness in an amount not to exceed $3,000,000 to pay for authorized public facilities pursuant to the special tax formula set forth in Resolution No. 00-190, 2) levy a special tax to secure such bonded indebtedness, pay directly for such public facilities, replenish any reserve fund, pay costs of administering such bonds and such district and pay for the certain public services? a NO PROPOSITION B Shall the City of Rancho Cucamonga, Community Facilities District No. 2000-03 (Rancho Summit) establish an Article XIIIB appropriations limit equal to $3,000,000? a/YES a NO For particulars as to the rate and method of apportionment, see the Resolution Forming and Establishing Community Facilities district No. 2000-03 (Rancho Summit) And Authorizing Submittal Of Levy Of Special Taxes To The Qualified Electors, a copy of which is included in your ballot materials. ~A NCHO CUCAMONGA ENCINEERI~NG DEPARTFIENT DATE: TO: November 1,2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Karen McGuire-Emery, Senior Park Planner APPROVAL TO ACCEPT THE GOLDEN OAK PARK IMPROVEMENT PROJECT FROM GRIFFIN INDUSTRIES INC., AS COMPLETE, AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT THE MAINTENANCE' BOND, AND RECORD THE GRANT DEED FOR THE PROPERTY. RECOM MEN DATION That the City Council accept, as complete, the Golden Oak Park Improvement Project, located on the corner of 6th Street and Golden Oak Road, authorize the City Engineer to file a Notice of Completion; and authorize the City Clerk to release the Faithful Performance Bond, accept a Maintenance Bond, and record the Grant Deed for the property. BACKGROUND The 5.2 acre Golden Oak Park Improvement Projet1, located on the corner of Sixth Street and Golden Oak Road (see attached map), has been completed by Griffin Industries, Inc., in accordance with the Conditions of Approval for Tentative Tract 15727, to the satisfaction of the City Engineer. It is therefore recommended that the City Council accept the park improvement project from Griffin Industries Inc. as complete, authorize the City Engineer to file a Notice of Completion for the work, and authorize the City Clerk to release the Faithful Performance Bond, accept a Maintenance Bond, and record the grant deed for the property. CITY COUNCIL STAFF REPORT ACCEPTANCE OF GOLDEN OAK PARK NOVEMBER 1,2000 PAGE 2 Developer: Griffin Industries 24005 Ventura Blvd. Calabasas, CA 91302 Release: Accept: Faithful Performance Bond Maintenance Bond 3SM 912 570 00 $715,0{;)0 3SM 912 570 00-A $ 71,500 City Engineer attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTiNG THE PUBLIC IMPROVEMENTS FOR THE GOLDEN OAK PARK PROJECT AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Golden Oak Park Project, has been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work as NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bemardino. . SCALE 1"= 150' -- ~ STREET OF THE C/rY ~v~ OF PANCHO CUCAMONGA FOR STREE7; HIGHW A YAND RELA TED PURPOSES PER AMENDED TR ~ 15727- f, MB 270/32-37 6 TH _~ ~ STREET O~ .[IJ ~! 32 73' (~1~ TRACT 15727-8 Prepared In The Office Of z-Oc~vu~NI& IASSOC~T~.S Consulting Engineers and Planeers 10281 --A Trademark Street Rancho Cucamonga CA 91730 Tel: (909) 944-6988 Fax (909) 948-8508 Job No, EXHIBIT B 95-3,3. GOLDEN OAK PARK Sheet 1 DEDICATION Of I ORDINANCE NO. 637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE SECTION 21574, FOURTH LEVEL OF 1959 SURVIVORS BENEFIT FOR ALL MISCELLANEOUS MEMBERS. A. RECITALS. 1. The City of Rancho Cucamonga, after meeting and conferring with employee representatives, entered into a three-year labor contract with the General Employees, Maintenance Employees, and Supervisory and Professional Employees bargaining groups. The City agreed to provide Section 21574, Fourth Level of 1959 Survivors Benefit. On June 22, 2000, the City Council adopted Resolution No. 00-131 implementing salary and benefits for fiscal year 2000/2001, including Section 21574, Fourth Level of 1959 Survivors Benefit. The City of Rancho Cucamonga contracts with the California Public Employees Retirement System to provide retirement benefits to its employees. The California Public Employees Retirement System requires the City to amend its contract whenever it provides new benefits such as Section 21574, Fourth Level of 1959 Survivors Benefit. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: This Council hereby authorizes an amendment to the contract between the City of Rancho Cucamonga and the Board of Administration of the California Public Employees' Retirement System, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. Ordinance No. 637 Page 2 of 4 (Resolution No. 00-192/CO 188) SECTION 2: This Council hereby authorizes, empowers, and directs the Mayor to execute said amendment for and on behalf of the City of Rancho Cucamonga. SECTION 3: This ordinance shall take effect 30 days after the date of its adoption and prior to the expiration of 15 days from the passage thereof shall be published at least 15 days in the Inland Valley Daily Bulletin, a newspaper of general circulation, published and circulated in the City of Rancho Cucamonga and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 1st day of November. AYES: NOES: ABSENT: ABSTAINED: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 4th day of October 2000, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of November 2000. Executed this 2® day of November 2000, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Ordinance No. 637 (Resolution No. 00-192/CO 188) Page 3 of 4 Please do not sign - EXHIBIT(S) ONLY CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Empioyer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a pubhc meeting of the of the (governing body) On (date) Resolution / Ordinance. (public agency) which is at least two weeks prior to the adoption of the Clerk/Secretary Title Date Ordinance No, 637 (Resolution NO. 00-t92/CO 'laB) Page 4 of 4 Please do not sign - EXHIBIT(S) ONLY CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby cedify that the foregoing is a true and correct copy of a Resoluhon ~,dopted by the of the (governing body) on (date) (public agency) ClerkjSecretary Title PERS-CON-12 (rev. 1/96) Under Consent Ordinances No. 2, please announce that the APN No. is 209-272-17 instead of 290-272-17. Thanks. Deb cc: Jack AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SUBAREA 18 SPECIFIC PLAN AMENDMENT 00-01, TO ADD MULTI-FAMILY RESIDENTIAL AS A PERMITrED USE IN THE MIXED USE PLANNING AREA IX OF THE SUBAREA 18 AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. JPI Westcoast Development, L.P., has filed an application for Industrial Area Specific Plan Amendment 00-01 as described in the title of this Ordinance. Hereina~er in this Ordinance, the subject Industrial Area Specific Plan Amendment is referred to as the "application." 2. On the 13th of September 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and~ following the conclusion of said public headng, adopted Resolution No. 00-93; thereby, recommending to this City Council that said application be appreved. 3. On October 18, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and, following the conclusion of said hearing, and adopted Resolution No. 00-93. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. ThisCouncilherebysped~cally~ndsthatallofthefactssetforthintheRecitals, part"A,- of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced pub c hearing on October 18, 2000, including written and oral staff reports, togetherwith public testimony, this Council hereby specifically finds as follows: ' and a. This amendment does not conflict with the Land Use Policies of the General Plan; b. This amendment promotes the goals and objectives of the Land Use Element and the Industrial Area Specific Plan; and c. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties; d. The amendment is consistent with key land use objectives identified in the General Plan including, i) encourage opportunities to mix different, but compatible land uses and activities, ii) promote land use pattems that encourage non-motorized modes of transportation; and iii) organize land uses to promote the maximal opportunity for transit usage; and CITY COUNCIL ORDINANCE NO. IASP 00-01 - JPI October 18, 2000 Page 2 e. The inclusion of multi-family residential as a permitted use in Mixed Use Planning Area IX will provide an integrated environment that will respond to evolving market conditions and will help to create a "City that functions efficiently, is exciting to live in, and makes the best use of its vadous resources" pursuant to the objectives of the General Plan. 3. Based upon the substantial evidence presented to this Council dudng the above- referenced pubic headng and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and b. That the proposed amendment is in conformance with the General Plan. 4. An Environmental Impact Report (EIR) was prepared and certified as a Master EIR for the Empire Lakes Subarea 18 Industrial Area Specific Plan. The California Environmental Quality Act (CEQA) Section 21157.1 provides that the preparation and certification of a Master EIR allows for the limited review of subsequent projects that were described in the Master EIR as being within the scope of the reporting accordance with certain requirements. However, because of the changes that are submitted by this project, an Addendum was prepared for said project. An Addendum to the Subarea 18 Specific Plan final EIR is appropdate documentation because some changes or additions are necessary to describe the proposed residential project but none of the conditions described in the CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. The Planning Commission has reviewed and considered the attached Addendum based on the following findings: a. There have not been substantial changes in the project that require major revisions to the previous EIR because of new significant environmental effects or a substantial increase in sevedty of previously identified significant effects. b. There have not been substantial changes with respect to be circumstances under which the project is undertaken, which will require major revisions to the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. c. There is no 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 EIR was certified as complete, that shows any of the following: 1 ) the project will have one or more significant effects not discussed in the previous EIR, 2) significant effects previously examined will be substantially more severe than shown in the previous EIR, 3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project but the project proponents decline to adopt the mitigation measure or alternative, or4) mitigation measures or alternatives, which are considerably different from those analyzed in the final EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. CITY COUNCIL ORDINANCE NO. IASP 00-01 - JPI October 18, 2000 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Commission hereby approves the application to each and every condition set forth below: Plannincl Division The following conditions are to be reviewed for compliance by the City Planner. 1) Within 45 days of City Council approval or pdor to issuance of building permits, whichever comes first, a revised Plan text and graphics, including all renumbered pages within affected sections, shall be submitted to the City Planner for review and approval. Upon acceptance by the City Planner, a total of 25, 3-hole punch, copies of the revised Plan shall be submitted for distribution to the City Council, the Planning Commission, Library, and staff. In addition, one unbound original, and one executable copy in Microsoff Word file format on a 3.5 inch IBM formatted diskette, shall be submitted. 2) Table A shall be re-labeled as Table 4-1 to raplace said table on pages 4-5 of Rancho Cucamonga Industrial Area Specific Plan Subarea 18 Specific Plan. 3) Table 5-1, Residential, shall be revised to insert a footnote after the words "Multiple Family Dwellings" to read as follows: "(3) Residential permitted without industrial in same Planning Area." 6. The City Clerk shall certify to the adoption of this Ordinance. City of Rencho Cucamonge t-t--k-d .~- t,,t c~ /1- l-z. ~- Received .. ~,~OV ,, I ~ City of Rancho Cucamong~ PLanning Division THE CITY OF I~ANCIIO CIJCAr'IONGA Staff Report DATE: November 1,2000 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Alan Warren, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the General Plan land use designation from Commercial to High Residential (24-30 dwelling units per acre) for 1.3 acres at the southwest intersection of Malvem Avenue and Salina Street. APN 209-041-47 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the Development Distdct zoning designation from General Commercial to High Residential (24-30 dwelling units per acre) with a Senior Housing Overlay Distdct for 1.3 acres at the southwest intersection of Malvem Avenue and Salina Street. APN 209-041-47 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 00-02 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A Development Agreement between the City of Rancho Cucamonga and the Southern Califomia Housing Development Corp. for the purpose of providing a Senior Housing Project pursuant to the requirements of the Senior Housing Oveday Distdct (Section 27.020.040 of the Development Code), including deviation from certain development standards, for 48 senior apartment units and one manager unit on a High Residential (24-30 dwelling units per acre) site of 1.3 acres of land at the southwest intersection of Malvem Avenue and Salina Street. APN: 209-041-47. Related files: General Plan Amendment 00-02B, and Development District Amendment 00-03. RECOMMENDATION: The Planning Commission recommends approval of General Plan Amendment 00-02B, Development District Amendment 00-03, Development Agreement 00-02 and issuance of a Negative Declaration of Environmental Impacts. Approval of these applications will establish a Senior Oveday Housing District within the High Residential District (24-30 dwelling units per acre) at the southwest intersection of Malvem Avenue and Salina Street. With these approvals the applicant intends to construct a 49 unit senior housing project. CITY COUNCIL STAFF REPORT GPA 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. November 1, 2000 Page 2 ENVIRONMENTAL ASSESSMENT: Parts I and II of the Initial Study have be~n completed. Staff has determined that no significant impacts would result from changing the land use designations as requested in the application. Environmental issues will need to be analyzed when formal development proposals are applied for in the future for the senior housing project. When specific development projects are proposed, existing environmental review requirements will be initiated to ensure the adequate analysis of impacts. Any significant impacts noted will be mitigated through the City's development review precess. At the Planning Commission meeting, nearby residents voiced concems over increase traffic as a result of the proposed project. While any project on vacant land will generate an increase in traffic volume, compared with alternate uses authorized under the existing commercial designation, the impact will be significantly less from the senior housing project than from commercial activities. This view resulted in the "less than significant impact" determination in the Initial Study. PUBLIC INPUT: In addition to a wdtten petition forwarded to the Planning Commission, nearby residents of the site offered the following concams, at the September 27, 2000, meeting, regarding the proposed Senior Housing Project that would be considered if the land use changes are approved. A few residents stated that a 3-story, 49 unit senior housing building was too large for the site and for the immediate neighborhood which consists only of single story homes. They stated that the existing traffic situation would worsen if such a large facility was constructed. The Planning Commissioners felt that design issues regarding the size of the anticipated building could be resolved through the design review precess. The results of staffs investigation of potential alternative commercial uses for the site indicated that commercial activity on the site would probably generate significantly highertraffic volume than the proposed senior housing. The potential loss of an existing on site student walkway from Salina Street south to the elementary school was not welcomed as a result of any development proposal. The Development Agreement contains a clause that allows for the applicant and the Cucamonga School Distdct to continue to allow a walkway across the property to the school subject to a mutual agreement. 3. Some speakers felt that the senior citizens would not fit in with the immediate neighborhood of younger families and noise from elementary school activities. The applicant provided examples of senior housing in the community that were adjacent to active recreational canters and schools and stated that their expedenca was that ~eniors enjoyed being near recreational activities and schools. 4. The reduced parking accommodation for the housing facility would cause parking congestion along Salina Street. Planning staff has not observed any significant parking problems at existing senior housing projects in the community due to reduced parking accommodations. CITY COUNCIL STAFF REPORT GPA 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. November 1,2000 Page 3 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 an expanded 300- foot radius of the project site. ACTION: If the City Council concure with the recommendations of the Planning Commission, it would be appropriate to approve the subject applications by the adoption of the attached resolutions and ordinances. Brad Buller City Planner BB:AW~Is Attachments: Exhibit 'W' - Planning Commission Staff Report dated September 27, 2000 Exhibit "B" - Planning Commission Minutes dated September 27, 2000 Resolution Approving General Plan Amendment 00-02B Ordinance Approving Development Distdct Amendment 00-03 Ordinance Approving Development Agreement 00-02 THE CITY OF ~ANCIIO CUCAMONGA Staff Report DATE: September 27, 2000 TO: FROM: Chairman and Members of the Planning Commission Brad Buller, City Planner BY: Alan Warren, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the land use designation from Commercial to High Residential (24-30 dwelling units per acre) for 1.3 acres at the southwest intersection of Malvem Avenue and Salina Street. APN 209-041-47. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the zoning designation from General Commercial to High Residential (24-30 dwelling units per acre) with a Senior Housing Oveday District for 1.3 acres at the southwest intersection of Malvem Avenue and Salina Street. APN 209-041-47. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 00-02 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A Development Agreement between the City of Rancho Cucamonga and the Southem California Housing Development Corporation for the purpose of providing a Senior Housing Project pursuant the requirements of the Senior Housing Overlay Distdct (Section 27.020.040 of the Development Code), including deviation from certain development standards, for 48 senior apartment units and one manager unit on a High Residential (24-30 dwelling units per acre) site of 1.3 acres of land at the southwest intersection of Malvem Avenue and Salina Street. APN: 209-041-47. PROJECT AND SITE DESCRIPTION: Proiect Density: The request proposes to change a 1.31-acre parcel that is presently designated Commercial to High Residential (24-30 dwelling units per acre). The intent of the applicant is to develop the property as a Senior Housing Project in conformance with the senior Housing Overlay District (SHOD) standards. Under existing standards, the site, because of its size, would be limited to 24 units per acre. Because of the provisions of the SHOD, the applicant can request a unit density of up to 37.5 units per acre. This allowance will result in a senior apartment complex totaling 49 units. ITEMS,K, L, M PLANNING COMMISSION STAFF REPORT GPA 00-02B, DDA 00-03, DA 00-02 SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION September 27, 2000 Page 2 Surroundina Land Use and Zoninq: North - Parking lot and neighborhood commercial center; General Commercial South - Cucamonga Elementary School; Low Residential (2-4 dwelling units per acre) East - Senior Center, single-family houses; Low Residential (2-4 dwelling units per acre) West - Office building, retail store; General Commercial Ce General Plan Desianations: Project Site - Commercial North - Commercial South - Low Residential (2-4 dwelling units per acre) East - Civic Community and Low Residential (2-4 dwelling units per acre) West - Commercial Site Characteristics: The site is level with a slight grade to the south and is vacant of any development or uses. A few mature trees are located along the site boundades and there is a paved walkway between Salina Street and Cucamonga Elementary School near the east property line. No unique physicel charectedstics are evident on the site. ANALYSIS: General: As stated above, the proposed use of the property is for an apartment complex, restricted by Development Agreement, for seniors that are 55 years and older. The base High Residential zoning density would allow up to 31 units. With the proposed development agreement the total unit count would result in 49 units if approved by the City Council. Apprepdateness of Existinq Land Use Desiclnations: The Commercial land use designation for the subject site is simply an extension of the planned corninertial uses for the Archibald Avenue frontage properties. The General Plan Land Use Map indicates that the Commercial area at the southeast comer of Archibald Avenue and Arrow Route should extend to the Senior Center on Malvem Avenue and to the elementary school to the south. When the zoning was established, the commerdal designations included the entire parcel along the west side of Malvem Avenue and extended to its eastern portion along Salina Street. As an extension of the commercial properties, the site would be appropriate support of commercial activities if they were an integral part of the commercial development (storage, parking, loading, etc.) along Archibald Avenue. If the properties along Archibald Avenue were to redevelop with this site, the expanded commercial acreage would definitely benefit the overall development's potential and viability. Presently, however, the commercial related development along Archibald Avenue does not extend to this area. As a result, this commercial area will most likely be developed separate from any relationship with the major commercial frontage off Archibald Avenue. In such a scenario, the viability of commercial activity on the subject site is questionable. The development would be not be easily visible form Archibald Avenue or Arrow Route, and vehicle traffic would have to take access off the smaller Malvem Avenue (rather than Archibald Avenue) tucked behind the Archibald Avenue frontage. This would also increase Malvem h,~, m ~ PLANNING COMMISSION STAFF REPORT GPA 00-02B, DDA 00-03, DA 00-02 SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION September 27, 2000 Page 3 De Avenue's traffic to commercial levels. The senior housing proposal would not present such difficulties, as high visibility from major streets and easy access, are not cdtical aspects for senior developments. Appropriateness of Proposed Desiqnation: The site satisfies some of the Iocational criteda established for Senior Housing projects. It is close to commercial development (along Arrow Route) that provides products and services used by seniors, and public transit is available along Arrow Route (Omintrans Route 68). Future office potential exists at the vacant northwest comer of Archibald Avenue and Arrow Route, which when developed, could provide needed professional and medical needs for the seniors. Being tucked away from major commercial roads, the site presents a potentially less congested location than other existing senior projects. The relationship between the elementary sF;hool along the south boundary is not expected to be a significant issue for the seniors. The issue of school noise impacting the project should be easily handled by a concerted effort to mitigate its affects in the design of the building. Traffic generated by the senior housing complex is expected to be significantly less than what would be expected from most commercial activities that would presently be allowed as a matter of dght at the site. One aspect which is important to the appropriateness of the land use is that of development intensity as it relates to the site and neighborhood. In stdving to attain 49 units, the applicant has stated that a three-story structure is being designed for the City's consideration. While the Development Code allows for this, in both the requested zoning and the existing commercial designation, there are not any multi-story buildings on the bordering preperties~ Preliminary drawings of the proposed building call for an "L" shaped building, with three story walls along all elevations. At forty plus feet, the project ceuld visually dominate the immediate area. Land use decisions typically don't involve design issues, but the Commission should take into account the anticipated massing of a three story building and determine the appropriateness of that scale development with the surrounding area. Staff believes that creative applications of varying architectural techniques (such as stepping the walls, spreading the foot pdnt, etc.) could visually "reduce" the influence of a multi-story building and which can be considered in the City's design review process. Senior Housincl Ovedav Distdct and Development AGreement: It is the applicant's intent to fully develop the property with a 100% senior housing project. The Development Agreement has been drafted to satisfy minimum income levels of 90% of the median annual income. The request for a Senior Housing Oveday Distdct (SHOD) has included reduced standards that are apprepdate for senior housing projects. At 49 total units, the project is within the SHOD's bonus limit. Staff is recommending between .7 pa_rking spaces per senior unit and one space for the managers unit. Reductions in open space, setbacks from ddve aisles, etc. are in keeping with previous SHOD agreements, as well as providing for retention of the affordable housing features. Refer to the Development Agreement Resolution and its attachments to review the specifics of the agreement. Because staffs favorable view of the land use change is ddven by the anticipated senior housing project, the agreement has wording that states the City would consider changing the zoning back to commercial if the project applicant ceases its interest in the property. PLANNING COMMISSION STAFF REPORT GPA 00-02B, DDA 00-03, DA 00-02 SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION September 27, 2000 Page 4 Em Environmental Assessment: Parts I and II of the Initial Study have been completed. Staff has determined that no significant impacts would result from changing the land use designations as requested in the application. Environmental issues will need to be analyzed when formal development proposals are applied for in the future for the senior housing project. When specific development projects are proposed, existing environmental review requirements will be initiated to ensure adequate analysis of impacts. Any significant impacts noted will be mitigated through the Citys development review process. NEIGHBORHOOD MEETING: The applicant held a Neighborhood Meeting on September 5, 2000 at the Rancho Cucamonga Senior Center. All those properbJ owners from the expanded public hearing notification list were invited. Approximately 12 people attended the introductory presentation by the applicant and project architect. The following opinions/questions were offered by the attendees: 1. The meeting notice should have also been pdnted in Spanish. A few attendees thought that the site is not large enough for an apartment project of the size requested. They felt that the potential three-story structure is out of scale with the surrounding developments (all single story). 3. The size of the complex will result in significant traffic impacts on the two streets and into' the neighbodng single-family areas. 4. Will a traffic signal be installed at Malvem Avenue and Archibald Avenue to help with the traffic problem? The construction activities will disrupt the neighborhood and cause field animals and insects to move into the residential neighborhood. Low cost apartment housing bdngs undesirable people into an area and can negatively affect property values. The elementary school students will disturb the project residents dudng play activities and therefore the site is not compatible with the use of the site for senior housing. This may make the housing project undesirable and seniors may not want to. live there. Will the apartments then be rented to non-seniors or left vacant? It was requested that the existing shodcut across the eastern portion of the parcel to the elementary school be preserved in some manner. The applicant's representative responded to each question with an explanation on how the project design, management, or the City's design review process would address each issue. 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 300-foot radius of the project site. PLANNING COMMISSION STAFF REPORT GPA 00-02B, DDA 00-03, DA 00-02 SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION September 27, 2000 Page 5 RECOMMENDATION: Staff recommends the approval of General Plan Amendment, Development Distdct Amendment and Development Agreement by the adoption of the attached Resolutions. All the items, with P_lanning Commission recommendations, will be forwarded to the City Council for final action. Respectfully submitted, Brad Buller City Planner BB:AW\Is Attachments: Exhibit "A" - General Plan Land Use Map Exhibit "B" - Development Distdct Map Exhibit "C" - Applicant's Letter of Justification Exhibit "D" - Initial Study Resolution Recommending Approval of General Plan Amendment 00-02B Resolution Recommending Approval of Development District Amendment 00-03 Resolution Recommending Approval of Development Agreement 00-02 Yg,L, m m GPA 00-02B - Existing General Plan Land Use Arrow Hwy. GPA 00-02B future Senior B Application site.shp GP Land Use Designations ~ LOW ~! LOW MEDIUM ~ MEDIUM / MEDIUM HIGH / HIGH ~ OFFICE COMMERCIAL GENERAL INDUSTRIAL CIVIC / COMMUNITY ELEMENTARY SCHOOL N no scale DDA 00-03 - Existing Development District Map -.-. future Senior Application site Development Districts LOW LOW MEDIUM MEDIUM MEDIUM HIGH no scale Southern California Housing · Development Corporation ~ A Non-Profit Housing Corporation 8265 Aspen Street, Suite 100 Rancho Cucamonga, CA 91730 {909) 483-2444 Fax (909) 483-2448 www.schdc.org 2 July 17, 000 Alan Warren, Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Subject: Land Use Submittals for Proposed Affordable Senior Project Apartments Southern California Housing Development Corporation (SCHDC) is submitting the following documents in order to develop the proposed affordable senior housing apartments. Enclosed for the City's consideration are applications for: 1. General Plan Amendment (from "Commercial" to "High Density Residential") 2. Development District Amendment (from "General Commercial" to "High Density Residential") 3. Incentives requested for the Senior Housing Overlay District Designation (SHOD) Development Agreement between the City and SCHDC SCHDC has been an active affordable housing developer in Rancho Cucamonga since 1990. SCHDC owns and manages four mixed income family apartments in the City. The proposed site for this senior project (which we are tentatively calling the "Malvern Senior Housing), is ideally located next to the Rancho Cucamonga Senior Center, located on the corner of Arrow Route and Malvern Street. The 1.3-acre parcel is located near many of the shops and services utilized by seniors. These services and project amenities are described in the attachment (Written Justification) to the General Plan and Development District Amendment. SCHDC's financial partner is the Rancho Cucamonga Redevelopment Agency. SCHDC has a Pledge Agreement (using the RDA's Housing Funds) with the RDA, which will provide a substantial funds necessary to develop this project. Rancho Cucamonga architect, Peter J. Pitassi is the amhitect. SCHDC is requesting amending the General Plan and Development District in order to develop affordable housing at this location. A SHOD is required in order Exhibit "C" ~,L, m~ .our commitments Make A Difference" to achieve the highest density possible, in order to make it possible to have reduced rents affordable lower income seniors. The benefits of this project to the City include: 1. Providing affordable housing is required in the RDA's Consent Decree, and the City/RDA's three five-year housing plans - General Plan Housing Element, HUD Consolidated Plan and RDAs AB 1290 Housing Plan. Affordable senior housing is-typically considered a popular way of fulfilling these requirements. 2. The project would benefit the senior center and visa-versa. Many seniors would 'like the convenience of having such an amenity next door. If the General Plan and the Development District are changed from commercial to high density residential, the proposed project will meet all of the requirements of the SHOD contained in the Rancho Cucamonga Development Code, Section 17.20.040 Should you have any questions, please contact me at 483-2444, ext. 130, or e- mail me at mtrabing@schdc.org. If I am not available, contact Traies Roe, Development Officer, at ext. 120. Sincerely, cc. Cathy Wahlstrom, Redevelopment Analyst--- Traies Roe, Development Officer - '.W.,S.B.B. EIM. Rancho C 'co onL~ "' u /1'1 1~013 5 .: .. FS.,R. TW.,S.B.B. aM. City of Rancho Cucamonga planning Division . (909) 477-2750 VIRONMENTAL INFORMATION FORM (Part I - Initial Study) 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. GENERAL INFORMATION: INCOMPLETE APPLICATIONS WTLL 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 Rift not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: Project Title: Name&Addressofprojectowner(s): S~,.~l~el/'~, C~.(i'~. Name & Address of de veloper or project sponsor t · ~ ~ Name & Address of person preparing this form (if different from above): k · t.\ Telephone Number:. I/3, b, roll INITSTD1 .WPD - 4~96 Page I 5C/~ PROJECT INFORMATION & DESCRIPTION: Information indicated by asterisk (*) is not required of non-construction CUP's unless otherwise requested by staff. - '1) Provide a fu~ scale (8-1/2 x 11) copy of the USGS Quadrant Sheet(s) ~hich includes the project site, and indicate the site boundaries. Provide a set of color photographs which show representative views into the site from the north, south, east and west; views into and from the site from the primary access points which serve the site; and roprasentative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): 4) Assessors Parcel Numbe~ (a~ach add~ional sheet '5) Gross Site Area (ac./sq. ft.): '6) Net Site Area (total site size minus area of public streets & proposed dedications): Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet ifnecessa,7: - · 8) Include a description of all permits which w~l be necessa/7 from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project.' INITSTD1.VVPD - 4/96 Page 2 (:~ g) 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, site all sourues of information (i.e., geological and/or hydrelogic studies, biotic and amheological surveys, traffic studies): 10) Describe the known cultural and/orhistorical aspects of the site. Site all sourues of information (books, published reports and 11) Descdbe any noise sources and their levels that now affect the site (aimraft, r°adway n°ise' etc') and h°w they will affect proposed uses: ''''-''f' C INITSTD1 .WPD - 4/96 Page 12) Describe the proposed project in detail. This should provide an adequate description of the site in ten'ns of ultimate use which will result from the prosed i~roject, ,Indicate if them 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: Desc~be the surr~unding properties~ inc~uding inf~rmati~n ~n p~ants and anima~s and any cu~turo~~ hist~~ca~~ ~r 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, mar yard, etc.): 14) ~4~~~ the pmp~sed project change the pattem~ sca~e ~r character ~f the surr~unding genera~ area ~f the project? ~ ~ r~:~,~,~,~' C__ INITSTD1 .VVPD - 4/96 Page 15) Indicate the type of short-term and Iongoten'n noise to be generated, including soume and amount. How will these noise levels affect adjacent pmperties'and ono. site uses. What methods of sound pmo~ng ara proposed? '16) Indicate proposed removals and/or replacements of mature or scenic trees: 17) Indicateanybodiesofwater(indudingaomesticwatersupplies) intowhichthedtedrains: 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga County Water Distdct at 987-2591. a. Residential (gallday) :~ ~ ,~ ~ ~ ~;~ Peak use (gallDay) ~'~ _~ . ~ ~ ~ b. Commercial/Ind. (gallday/at) o Peak use (gal/miniac) 0 19) Indicate proposed method of sewage disposal. __ Septic Tank ~ Sewer. If septic tanks are proposed, attach percolation tests. If discharge to s sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). Forfurther clad~cation, please contact the Cucamonga County Water Oistdct at967-2S91. a. Residential (gal/day) I O/~> 0 D b. Commercia~4nd. (gal/day/ac) RESIDENTIAL PROJECTS: 20) Numberofresidentialunits: Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: /'f./ Ar INITSTD1 .WPD - 4~96 Page Attached (indicate whether units am rental or for sale units): ~ e '-, '~ ~ \ 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ Rent (per month) $ .~ ~ .,~ 22) Specify number of bedrooms by unit type: to $ to S S' 9 ~ 23) Indicate anticipated household size by unit type.' 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: a. Elementary: b. Junior High: c. Senior High COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type ~f use(s) and maj~r functi~n(s) ~f c~mmemia~~ indust~a~ ~r instituti~na~ uses: 26) Total ~oor area of commemial, industdal, or institutional uses by type: 27)' Indicate hoursofoperation~ /L/ ~ 28) Nurnber of employees: Total.' Maximum Shift: Time of Maximum Shift: 29) Pr~vide breakd~wn ~f anticipatedj~b c~assificati~ns~ inc~uding wage and sa~ary ranges~ as we~~ as an indicati~n ~f the rate of hire for each classification (attach additional sheet if necessa~): 30) Estimation of the number of workers to be hired that currently reside in the City: ~Z '31) For commen:ial and industrial uses only, indicate the soume, type and arnount of air pollution emissions. (Data shoUld be verified through the South Coast Air Qualily Management District, at (818) 572-6283): ALL PROJECTS 32) Have the water. sewer~ ~re~ and ~~~d c~ntm~ agencies serving the project been c~ntacted t~ detennine their abi~ity t~ pmvide adequate service to the proposed project? If so, please indicate their response, INITSTD1 .VVPD - 4/96 Page 7 ~ 33) In the known history of this proper~/, has there been any use, storage, or discharge of hazardous and/or toxic materials? ' Examp~es~fhazard~usar~d/~rt~x`icmateria~sinc~ude.butaren~t~imitedt~PCB~s;Fadi~activesubstances;pes~cidesand heroicides; fuels, oils, solvents, and other ftammable liquids and gases. Also note underground ~torage of any of the above. Please list the m. aterials and describe their use, storage, and/or discharge on the property, as well as the dates of use, if known. 34) Will the pmposed preject involve the temporary or long-terrn use, storage or discharge of hazardous and/or toxic materials, including but not limited to those exareples listed above? If yes, provide an inventory daft such materials to be used and proposed reethod of disposal The location of such uses, along with the storage and shipment areas, shaft be shown and labeled on the application plans. I heraby certify that the statements furnished above and in the attached exhibits present the data and information raquirad 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. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Signature: Title: INITSTD1 .WPD - 4/96 Page ATTACHMENT C (Initial Study) PHYSICAL DESCRIPTION Malvern Senior Apartments # 9 - Physical Description The majority of the "L" shaped site is currently a vacant lot. Based on a 1996 Soils Report and a Phase I Report prepared for the Upland Assistance League when they purchased the site, the soil condition appears to be stable. A topographical survey performed by our engineer shows that the natural drainage course is to the south and west. The site is covered with low vegetation. The extreme northern end (the top of the "L") is a paved, fenced and is a gated parking lot that is leased t0 the City of Rancho Cucamonga for use as overflow parking for the Senior Center. Though the parking lot is currently part of the subject parcel, it will remain in its current use and will not be a part of the Senior Apartment development. This portion of the subject parcel as well as a narrow finger of vacant land that extends to Archibald Avenue will be deeded to the Upland Assistance League. The League currently owns the two developed parcels to the west. There is a six- foot chain link fence to the south at the border of the Rancho Cucamonga Elementary School with a pedestrian gate. There is a concrete walkway that originates at the gate and bisects the subject property. There is an existing residential development to the east on Salina St.. The property fronts on Malvern Ave. and Salina St. and the frontage includes city curb and gutter.. #11 Noise sources The main source of noise directly adjacent to the site is the Rancho Cucamonga Elementary School. Other peripheral sources include Archibald Ave. and Arrow Highway, however there are office and commercial buildings between these major streets and the subject site. #12 Detailed project description The project is located on the knuckle of Malvern Ave. and Salinas St on 1.31 acres. There will be (2) three-story double loaded wood frame and stucco buildings with interior corridors. The buildings will be connected by a central lobby, which will contain an elevator. The common area of the interior of the property will include a Community Room with a kitchenette and a Leasing Office. There will be a combination of one and two bedroom apartments. Onsite parking is accessed via Malvern Ave. as well as from Salina St. The site will include park like grounds and meandering walks. #13 Description of surroundina properties West of the subject property are two single story masonry buildings surrounded by paved parking. One building houses a thrift store and the other, the offices of The Upland Assistance League. Both properties are owned by the Upland Assistance League. -To-the north are a wood and-stucco strip-retail center 'and'a fast food restaurant, both facing Arrow Hwy, To the east are The Rancho Cucamonga Senior Center with adjacent parking (across Malvern) and a Single Family Residential Development (down Salina St.). To the south of the subject property is Rancho Cucamonga Elementary. The area of the school that abuts the property is predominantly playground and parking. #14 Project impact to the surroundina area The impact of the proposed senior apartment project to the adjacent area will be moderate. The traffic impact will be minimal as the residents of this type of property drive only out of necessity. Though the buildings will be three stories the visual impact of the project will be moderated by interesting architectural treatments and extensive softening with landscaping. Any noise impact will be slight, as senior apartments tend to be very quiet. The project will have a positive impact on the directly adjacent Senior Center through resident participation in the activities offered by the center. Overall, the project will be a net benefit to the community both visually and practically. #32 Water, Sewer, Fire, and Flood Control initial contact Domestic Sewer - (Per Cucamonga County Water District Eng. Dept.) There is no sewer in Malvern Ave. The sewer in Salina St. ends short of the eastern property line of the subject property. Extension of the existing sewer line would provide sufficient sewer capacity to accommodate the proposed project. Domestic water - (Per Cucamonga County Water District Eng. Dept.) There is an 8" water line that extends south +/- 65 feet from Arrow Hwy. There is a 6" water line that extends from the residential subdivisio west +/- 100 feet from the east n property line of the subject property. Looping of these two waterlines would provide sufficient domestic water capaci~ to accommodate the proposed project. Fire - Fire can provide both fire protection from stations # 4 and #2 and medical services Flood control - (Per the City of Rancho Cucamonga Engineering Dept.) The on site storm-draimfor the subject property would discharge predominantly on Archibald Ave. via an easement. The Engineering Department is confident that if we are able to put in place the easement, there will be no problem discharging the on-site area drainage onto Archibald. Though Archibald Ave. caries a flood -zone-area it appears-that-the subject property falls outside of that flood zone. GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page I City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND Project Files: General Plan Amendment 00-02B, Development District Amendment 00-03, ~Develcpment Agreement 00-02 2. Related Files: Description of Project: GENERAL PLAN AMENDMENT 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION -A request to change the land use designation from Commercial to High Residential (24-30 dwelling units per acre) for 1.3 acres at the southwest intersection of Malvern Avenue and Salina Street. APN 209-041-47. DEVELOPMENT DISTRICT AMENDMENT 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the zoning designation from General Commercial to High Residential (24-30 dwelling units per acre) with a Senior Housing Overlay District for 1.3 acres at the southwest intersection of Malvern Avenue and Salina Street. APN 209-041-47. DEVELOPMENT AGREEMENT 00-02 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A Development Agreement between the City of Rancho Cucamonga and the Southern California Housing Development Corp. for the purpose of providing a Senior Housing Project pumuant the requirements of the Senior Housing Oveday District (Section 27,020.040 of the Development Code), including deviation from certain development standards, for 48 senior apartment units and one manager unit on a High Residential (24-30 dwelling units per acre) site of 1.3 acres of land at the southwest intersection of Malvern Avenue and Salina Street. APN: 209-041-47. Project Sponsor's Name and Address: Southern California Housing Development Corp. 8265 Aspen Street, Suite 100 Rancho Cucamonga, CA 91730 5. General Plan Designation: Commercial 6. Zoning: General Commercial Surrounding Land Uses and Setting: The site is vacant and is surrounded by existing developments. To the east there is a single family neighborhood; to the south is an elementary school; to the west there are office structures, and to the north is a small neighborhood shopping center and the City's Senior Recreation Center. Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 2 Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact Person and Phone Number: Alan Warren ...... (909) 477-2750 10. Other agencies whose approval is required: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. (x) Land Use and Planning (x) Population and Housing (x) Geological Problems (x) Water (x) Air Quality (x) Transportation/Circulation Biological Resoumes Energy and Mineral Resoumes Hazards (x) Noise ( ) Mandatory Findings of Significance Public Services Utilities and Sentice Systems Aesthetics Cultural Resources Recreation DETERMINATION On the basis of this initial evaluation: (x) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. Signed: _ ,la-~nW//a en/,,,f..~Z~ rrA Associate Planner April 27, 2000 EVALUATION OF ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, an explanation is required for all "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation IncorpOrated," and "Less Than Significant Impact!' answers, including a discussion of ways to mitigate the significant effects identified. Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 3 NO LAND a) b) c) d)--- USE AND PLANNING. Would the proposah Conflict with general plan designation or zoning? ( ) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( Be incompatible with existing land use in the vicinity?. ( Disrupt or divide the physical arrangement of an established community? ( (x) ( ) ( ) (x) ( ) (x) ( ) (x) Comments: a-d) The application is requesting land use changes for a 1.3 acre pareel that is presently designated Commemial. The General Plan (GPA) and Development District Amendments (DDA) will change the land use designation to High Residential (24-30 dwelling units per acre) with a Senior Housing Oveday District. The applicant's intent is to develop 100 pement of the site as a senior housing project with 48 senior units and one manager unit, The GPA and DDA are the prescribed procedures for requesting land use changes. The site is adjacent to an existing residential neighborhood and the future senior housing project should complement the area. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) ( ) ( ) (x) b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) ( ) (x) ( ) c) Displace existing housing, especially affordable housing? ( ) ( ) ( ) (x) Comments: a-b) No construction approval will result from this application. The application has been made in anticipation of the owner's submiffing a senior housing project. Construction activities at the site will be short-term and will not attract new employees to the area. - The proposed project will result in 48 senior housing units and one manager unit in the Medium-High Density Residential District (14-24 du/ac). The proposed project expands the potential residential use of the site from the current non-residential commercial zoning. Through the GPA process and the residential nature of the Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 4 nearby area, this project will not result in a significant increase in population not otherwise planned by the City in its forecasts. c) The site is currently void of any structures. No existing housing is located onsite No GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) b) C) d) e) f) g) h) i) Fault rupture? ( ) Seismic ground shaking? ( ) Seismic ground failure, including liquefaction? ( ) Seiche hazards? ( ) Landslides or mudflows? ( ) Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? ( ) Subsidence of the land? ( ) Expansive soils? ( ) Unique geologic or physical features? ( ) () ( ) (x) (x) ( ) ( ) (x) ( ) (x) ( ) (x) ( ) (x) ( ) (x) ( ) (x) ( ) (x) Comments: a-c) No known faults pass through the site, it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault. The Red Hill Fault, or Etiwanda Avenue Fault, passes Within 2 miles east of the site, and the Cucamonga Fault Zone lies approximately 5 miles north. These faults are both capable of producing M. 6.0 - 7.0 earthquakes, respectively. Also, the San Jacinto Fault, capable of producing up to Mw7.5 earthquakes, is 8 miles northeast of the site and the San Andreas Fault, capable of up to Mw 8.2 earthquakes, is 15 miles northeast of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less than significant. d) The site is not located near a large body of water. e) f-h) The site is flat, and it is not near any slopes vulnerable to mass-wasting events. The site is relatively flat so grading will be minimal. Grading will even out the site and create the necessary slope gradient to allow proper site drainage and avoid erosion. The Building and Safety Division prior to issuance of building permits will require a soils report. New structures are required to meet current earthquake standards as required by the Uniform Building Code. The impact is not considered significant. i) The site contains no unique geologic or physical features. Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 5 No WATER. Will the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? b) d) Exposure of people or property to water related hazards such as flooding? Discharge into surface water or other alteration _of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water movements? f) Change in the quantity of ground waters, either · through direct additions or withdrewais, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? () ) (x) ( ) ) (x) ( ) ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) Commen~: a) Development with impervious surfaces will affect the rate and amount of surface water runoff. This land use amendment should not significantly affect the amount of change anticipated in previous environmental analysis of the existing land use plans. b) Archibald Avenue is within the 100-yearflood plain area according to the most recent FEMA maps. The flood plain extends approximately 150 feet east of the street's centerline. The limits of the proposes housing project are about 330 feet from Archibald's centerline. Therefore, the site is not located within any 100-year flood plain. c-e) The project site is not located near a body of water. Storm-water ranoff will be conveyed to the existing public storm drain system as approved by the City Engineer. f-i) The project will not interfere with groundwater management practices in the area · ecause the site is not used-for-groundwater recharging. Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 6 AIR QUALITY. Would the proposal.' a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptom to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) (x) ( ) ( ) (x) () (x) ( ) (x) Comments: a-b) Development will affect the amount of air pollution in the general area. This land use amendment should not significantly affect the amount of change anticipated in previous environmental analysis of the existing land use plans. c-d) After the land use amendment is approved, it is the applicant's intent to propose a project to construct 48 senior residences and one manager unit on 1.31 acres. This will not generate emissions that could cause climatic changes or objectionable odors. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off-site? e) Hazards or barriem for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail or air traffic impacts? ( ) (x) ( ) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 7 m Comments: a) As a result of development, additional vehicle and pedestrian traffic will occur because the site is presently vacant. Similar increases would also occur if the property were to develop under the existing land use categories. No significant increase in traffic is anticipated from development under the amended land use category. Greater increases would be anticipated if the property were to develop under the existing commercial category. Since vehicle traffic is generally less for a senior housing project, the new traffic levels should actually be less than under any commercial development authorized under the present land use category. b-f) The future senior housing development proposal will be required to meet the City's existing street development policies and no significant impacts are anticipated. g) No rail impacts are anticipated as the site is not adjacent to any rail line. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: ' a) Endangered, threatened, or rare species or their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? ( ) b) Locally designated species (e.g., heritage trees, eucalyptus windrow, etc.)? ( ) c) Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? ( ) d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ( e) Wildlife dispersal or migration corridors? ( ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) Colllnlerlts: a) The site is not identified on the City's special habitat areas map for special environmental analysis. b-c) The site is vacant with a few (10+) mature trees along the west and south boundaries. During the Design Review process for the proposed senior housing project, the health of the trees should be investigated and efforts should be made to retain them within the ultimate project design d) There is no riparian or wetland habitat on-site. The project site is cut off from-healthy, undisturbed native habitats and bands of non- .utive~vegetation: It-is-not-in~-migratiorrcorridor:- - Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 8 No ENERGY AND MINERAL RESOURCES. WoL~ld the proposal: a) Conflict with adopted energy conservation ( ) ( ) ( ) (x) plans? b) Use non-renewable resources in a wasteful and inefficient manner ( ) ( ) ( ) (x) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) ( ) ( ) (X) Comments: a-b) The project will not conflict with any energy conservation plans nor be wasteful. c) The project site is not located near any known mineral resource. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? ( ) ( ) ( ) (x) ( ) ( ) () (x) ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) Comments: a, c-d) A Phase I Soils Report was prepared for the site in 1996 and the soil condition was determined to be stable. No known hazardous operations are known to have been located on the site since 1996. b) Any future development will be required to be designed to accommodate emergency vehicles. Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 9 e) The site is not located in a fire hazard area. 10. NOISE. Will the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? ( ) ( ) (x) ( ) ( ) ( ) ( ) (x) Comments: a) The site is presently vacant and generates no noise levels, After development with a housing project, noises associated with multiple family housing projects is expected. This level is expected to be less than significant to the surrounding area's ambient noise levels b) The highest noise levels affecting the site would appear to be from vehicle traffic on Archibald Avenue to the west. Noise from school activit!es will also be generated by the neighboring elementary school to the south. Neither of these noise levels is expected to be severe. 11. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) b) C) d) e) Fire protection? ( ) ( ) ( ) (x) Police protection? ( ) ( ) ( ) (x) Schools? ( ) ( ) ( ) (x) Maintenance of public facilities, .including roads? ( ) ( ) ( ) (x) Other governmental services? ( ) ( ) ( ) (x) a-e) The project site is in an area originally zoned Commemial, and, if changed as proposed, will result in 100 percent of the site as a 49-unit senior housing project that should not significantly affect public service needs. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project. No mitigation is required. Fire and Police protection-~-Additional protection will be-required-for the increased popUli~rOn and number~f Iiornes. H'dwev~r, as the project requires fewer resoumes than are accommodated within the General Plan, the impact is less than significant. Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 10 Schools - Most any multiple family projects will generate additional students. The number of students generated by a senior project of 49 total units, however, should be significantly less (if not zero) than the amount generated by a multiple family development under the existing land use categories, The eventual senior housing project will incrementally decrease the need for schools while still providing for increased population growth. Consistent with the City of Rancho Cucamonga General Plan and Development Impact Fees established by the school district, the developer will pay all appropriate development impact fees. Parks - The proposed project will incrementally increase the need for park and recreation services for increased senior population. Consistent with the City of Rancho Cucamonga General Plan and Development Impact Fee Schedules adopted by the City Council, the developer will pay all appropriate development impact fees. Public facilities -The proposed project will incrementally increase traffic on adjacent streets. Consistent with the City of Rancho Cucamonga General Plan and Development Impact Fee Schedules adopted by the City Council, the developer will pay all appropriate development impact fees. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the following utilities: a) b) C) d) f) g) Power or natural gas? ( ) ( ) Communication systems? ( ) ( ) Local or regional water treatment or distribution facilities? ( ) ( ) Sewer or septic tanks? ( ) ( ) Storm water drainage? ( ) ( ) Solid waste disposal? ( ) ( ) Local or regional water supplies? ( ) ( ) (X) (x) (X) (x) (x) (x) (x) Comments: a-g) The residential development anticipated to be built after the land use change will include the construction of total 49 units. The proposed development will extend, as necessary, existing systems and utilities available in the immediate area. The proposed project will not require major modifications or alterations to the existing utility systems. Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 11 13. AESTHETICS. Would the proposal.' a) Affect a scenic vista or scenic highway? ( ) ( ) ( ) (x) b) Have a demonstrable negative aesthetic effect? ( ) ( ) ( ) (x) c) Create light or glare? ( ) ( ) ( ) (x) Comments: a-b) The surrounding area is developed and includes other residential neighborhoods. Any future housing development will blend with existing surroundings. a) Any future project will create new light and glare, as the site is currently vacant. Low pressure sodium vapor lights should be used to minimize excess glare while creating safe lighting conditions. Landscaping will be in accordance with City landscaping requirements for residential neighborhoods and will buffer the site. The impact is not considered significant. 14. CULTURAL RESOURCES. Would the proposah a) b) C) d) e) Disturb paleontological resources? ( ) ( ) ( ) (x) Disturb archaeological resoumes? ( ) ( ) ( ) (x) Affect historical or cultural resources? ( ) ( ) ( ) (x) Have the potential to cause a physical change which would affect unique ethnic cultural values? ( ) ( ) ( ) (x) Restrict existing religious or sacred uses within the potential impact area? ( ) ( ) ( ) (x) Comments; a-e) No previous information has been generated identifying the site with any known cultural resources. As the site is relatively small and vacant and is surrounded by development, the likelihood of affecting historical orculturel resources is minimal and impacts are not considered significant. Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 12 15. 16. No RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) Commerlts: a) Any proposed residential project will incrementally increase the need for park and recreation services through population growth. The developer of any residential project will pay the appropriate fees in accordance with Development Impact Fee Schedules adopted by the City Council. b) There is no impact to existing recreational opportunities, as the site and property surrounding the project area is designated for residential development. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: 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) Shod term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time. Long-term impacts will endure well into the future.) c) Cumulative: 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 ,.t. reproiects.> h, L, () ( () (X) · () () () (x) ) ( ) ( ) (x) Initial Study for GPA 00-02B, DDA 00-03, DA 00-02 City of Rancho Cucamonga Page 13 d) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) NO () () () (x) The project site does not contain Natural Resources as identified on Figure V-3 of the General Plan. Additionally, the site does not contain any Coastal Sage Scrub, Riversidian Alluvial Fan Sage Scrub, or Delhi-Sands flowering-loving fly habitat. No sensitive species were detected on-site and it is unlikely any will move onto the site due to the lack of natural habitat. b) During construction of any future development, there is the possibility of fugitjve dust to be emitted from grading the site and dust emissions could be sufficient to warrant the use of water or other dust palliatives at this site. Sources of emissions dudng this phase include exhaust emissions from construction vehicles and equipment and fugitive dust generated as a result of construction vehicles and equipment traveling over exposed surfaces. NOx and PM~0 levels may be exceeded dudng this phase. Possible mitigation measures will be investigated dudng the environmental review of the Development Review process. c) The developer of any residential project will be required to pay development impact fees established by the City Council, the rates of which have been set to mitigate the potential impacts to fire protection service, police protection services, parks and recreational facilities, and other governmental services to less than significant. To the extent that a project may impact utility resources provided by private utility companies, potential impacts upon such services will be mitigated by payment of rates and fees set by each utility agency. The project will also pay transportation impact fees to mitigate incremental impacts to the traffic system. d) Any proposed multiple family project on the 1.31 acres would not cause substantial adverse effects on human beings, either directly or indirectly. Therefore, impacts are less than significant. EARLIER ANALYSES Earlier analyses may be used where, pumuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR 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 eadier document(s)pumuant 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): (X) (x) General Plan EIR (Certified April 6, 1981 ) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quafity Act Section 21091 and 21092 of the Public Resources Code. Project File No.: General Plan Amendment 00-02B, Development Distdct Amendment 00-03, and Development Agreement 00-02 Public Review Period Closes: September 27, 2000 Project Applicant: Southem California Housing Development Corporation Project Location (also see attached map): Located at the southwest intersection of Malvem Avenue and Salina Street. APN 209-041-47. Project Description: A request to change the General Plan land use designation from Commercial to High Residential (24-30 dwelling units per acre) and the Development District zoning from General Commercial to High Residential (24-30 dwelling units per acre) with a Senior Housing Overlay Distdct and to establish a Development Agreement between the City of Rancho Cucamonga and the Southem California Housing Development Corp. for the purpose of providing a Senior Housing Project pumuant the requirements of the Senior Housing Overlay District (Section 27,020.040 of the Development Cede), including deviafion from certain development standards, for 48 senior apartment units and one manager unit on 1.3 acres. 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 Negative Declaration based upon the following finding: [] The Initial Study shows that there is no substantial evidence that the projest may have a significant effect on the environment. [] 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 Negative Declaration was released for public review would avoid the effects or mffigate the effects to a point where cleady 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 Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding are included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. September 27. 2000 Date of Determination Adopted By RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT 00-02B, A REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT MAP FROM COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) FOR 1.31 ACRES OF LAND, LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-041-47. A. Recitals. 1. The Southern California Housing Development Corporation filed an application for General Plan Amendment No. 00-02B as described in the title ofthis Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application. 3. All legal prerequisites pdor 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 tree and correct. 2. Based upon the substantial evidence presented to this Commission dudng the above- referenced public hearing on September 27, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 1.31 acres of land, basically an "L" shaped configuration, located south of the intersection of Malvem Avenue and Salina Street, which is presently vacant. Said property is currently designated as Commercial; and b. The property to the north of the subject site is designated Commercial and is developed with a parking lot for use by the City's Senior Center and beyond there is a neighborhood shopping center. The properties to the west are designated Commercial and are developed with office structures. The property to the east, on the east side of Malvem Avenue, is designated Civic/Community and is developed with the Rancho Cucamonga Senior Center, and further east the properties are designated Low Residential (2-4 dwelling units per acre) and are developed with single family houses. The prepedy to the south is within the Public Facilities category and is developed with the Cucamonga Elementary School; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the distdct in a manner consistent with the General Plan and with related development through the land use review process of this application; and h, L, PLANNING COMMISSION RESOLUTION NO. GPA 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. September 27, 2000 Page 2 d. This amendment does promote the goals and objectives of the Land Use Element by designating appropriate land use designations for senior housing on the subject site; and e. This amendment would not be materially injudous or detrimental to the adjacent properties .and would not have a significant impact on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Pads I and II. 3. Based upon the substantial evidence presented to this Commission dudng the above- referenced public headng 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 subject property is suitable for the uses permitted in the proposed district in terms of access, satisfying the location requirements of the Senior Housing Overlay District, and compatibility with existing land use in the surrounding area as evidenced by its close proximity to a senior recreation center; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Pads I and II; and c. That the proposed amendment is in conformance with the General Plan by locating senior housing in a complementary land use pattern near an existing residential area. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In censidedng the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends, Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753,5(c-1-d) of Title 14 of the California Code of Regulations. -----5~ Based-upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, -this Comrnission hereby recemmends approval of General Plan Amendment No. 00-02B to establish a High Residential (24-30 dwelling units per acre) designation for the site identified in this Resolution and as shown in Exhibit "A" of this Resolution. PLANNING COMMISSION RESOLUTION NO. GPA 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. September 27, 2000 Page 3 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly intred uced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMM SSIONER~~ GPA 00-02B - General Plan Land Use Map "1 Senior Center i :::::::::::::::::::::::::::: 4:::::::..,-~ ~ Application site.shp GP Land Use Designations ~ LOW ~ LOW MEDIUM ~ MEDIUM ~ MEDIUM HIGH ~ HIGH ~ OFFICE ~ COMMERCIAL GENERAL INDUSTRIAL CIVIC / COMMUNITY ELEMENTARY SCHOOL no scale RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT DISTRICT AMENDMENT 00-03, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM GENERAL COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) WITH A SENIOR HOUSING OVERLAY DISTRICT FOR 1.31 ACRES OF LAND LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF. APN 209-041-47. A. Recitals. 1. The Southern Califomia Housing Development Corporation filed an application for Development Distdct Amendment No. 00-03, as described in the title of this Resolution. Hereinafter in this ResolQtion, the subject"Development District Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the an associated application and issued Resolution No. * , recommending to the City Council that the associated General Plan Amendment No. 00-02B be approved. 3. On September 27, 2000, the Planning Commission of theCity of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said headng on that date. 3. All legal prerequisites pdor 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, Pad A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission dudng the above- referenced public headng on September 27, 2000, including wdtten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 1.31 acres of land, basically an "L" shaped configuration, located south' of the intersection of Malvem Avenue and Salina Street, which is presently vacant. Said property is currently designated as General Commercial; and b. The property to the north of the subject site is designated General Commercial and is developed with a parking 10t for use by the City's Senior Center and beyond there is a neighborhood shopping center. The properties to the west are designated General Commercial and are developed with office structures. The property to the east, on the east side of Malvem Avenue, is designated Low Residential (2-4 dwelling units per acre) and is developed with the Rancho Cucamonga Senior Center; and further east the land is developed with single family houses. The property to the south is within the Low Residential (2-4 dwelling units per acre) designation and is developed with the Cucamonga Elementary School; and; c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the distdct in a manner consistent with the General Plan and with related development through the land use review process of this application; and h,L, n~ z-lo PLANNING COMMISSION RESOLUTION NO. DDA 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP, September 27, 2000 Page 2 d. This amendment does promote the goals and objectives of the Land Use Element by designating appropriate land use designations for senior housing on the subject site; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties as evidenced by the findings of the environmental analysis. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public headng and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. Tha~ the subject properly is suitable for the uses permitted in the proposed distdct in terms of access, satisfying the location requirements of the Senior Housing Overlay District, and compatibility with existing land use in the surrounding area as evidenced by its close proximity to a senior recreation center; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Pads I and II; and c. That the proposed amendment is in conformance with the General Plan and with the Development Code by the consideration of a Development Agreement which contains provisions for the Senior Housing Overlay Distdct designation. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970~ as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in sa_id Negativ_e_Declaration with regard to the application. b. That based upon the changes and alterations, which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff repods and exhibits, and the information provided to the Planning Commission dudrig the public headng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Commission hereby recommends approval of Development District Amendment No. 00-03 to establish an High Residential (24-30 dwelling units per acre) District and accompanying Senior h,L, mL l PLANNING COMMISSION RESOLUTION NO. DDA 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. September 27, 2000 Page 3 Housing Overlay Distdct at the site described in this Resolution and shown in Exhibit "A" of this Resolution. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, 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 27th day.of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DDA 00-03 - Development Districts Map ....................... . Senior Center ............... ~ Application site Development Districts ~ LOW ~ LOW MEDIUM ~ MEDIUM m MEDIUM HIGH m HIGH ~ OFFICE PROFESSIONAL ~ GENERAL COMMERCIAL PT////J GENERAL INDUSTRIAL ~ ELEMENTARY SCHOOL no scale RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO ENTER INTO DEVELOPMENT AGREEMENT NO. 00-02, FOR THE CONSTRUCTION OF 48 SENIOR APARTMENTS AND ONE MANAGER UNIT IN THE HIGH DENSITY RESIDENTIAL DISTRICT (24-30 DWELLING UNITS PER ACRE) LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 209-041-47. A. Recitals. 1. The Southern California Housing Development Corporation filed an application for Development Agreement No.00-02, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Development Agreement is referred to as "the application." 2. On 27th day of September 2000, the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public headng on an associated General Plan Amendment application and recommended to the City Council the adoption Of General Plan Amendment 00-02B. 3. On 27th day of September 2000, the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public headng on an associated Development Distdct Amendment application and recommended to the City Council the adoption of Development District Amendment 00-03. 4. On 27th day of September 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said headng on that date. 5. The subject property of the Development Agreement is legally described herein. 6. A true and correct copy of the proposed Development Agreement is attached as Exhibit "A' to this Resolution. 7. The Planning Commission has reviewed and considered the associated Environmental Assessment prepared for said project. 8. All legal prerequisites pdor 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. This Commission hereby specifically finds that the Development Agreement and each and every term and provision contained herein conforms to the General Plan of the City of Rancho Cucamonga. h, L, rn PLANNING COMMISSION RESOLUTION NO. DA00-02 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. Sep~mber27,2000 Page 2 3. Based upon the facts and information contained in the proposed Negative Declaration, together with all wdtten and oral repo~s included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alterations which have been incorporated into the-proposed project, no significant adverse environmental effects will occur. ' c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission dudrig the public headrig, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in · Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 4. This Commission hereby recommends approval of the Development Agreement attached hereto as Exhibit "A." 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2000. PLANNING COMMISSION OF THE CITYOF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, 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 27th day of September 2000, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. DA 00-02 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. September 27, 2000 Page 3 AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: //7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS FOR 48 SENIOR APARTMENT UNITS AND ONE MANAGER UNIT LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF- APN 209-041-47 A. Recitals. (i) California Government Code Section 65864 now provides, in pedinent pad, as follows: "The Legislature finds and declares that: a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. b) 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, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) California Government Code Section 65865 provides, in pertinent part, as follows: "Any city...may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." (iii) California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement..." CITY COUNCIL ORDINANCE NO, SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. September 27, 2000 Page 2 (iv) "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement 00-02, concerning that property located at the southwest corner of Malvem Avenue and Salina Street, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." (v) On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga held a duly noticed hearing cencerning associated land use and zoning applications and concluded said hearings on that date and recommended approval of General Plan Amendment 00-02B and Development Distdct Amendment 00-03 through adoption of its Resolutions. (vi) On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga held a duly noticed hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution. (vii) On ,2000, the City Council of the City of Rancho Cucamonga held duly noticed hearing concerning associated land use and zoning applications and concluded said hearings on that date and approved General Plan Amendment 00-02B and Development District Amendment 00-03 through adoption of its Resolution and Ordinance. (viii) On ., 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. (ix) All legal prerequisites prior to the adoption of this Ordinance have occurred. B.. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed the Initial Study, Parts I and II, and the Development Agreement, and certified the Negative Declaration, in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. SECTION 3: Based upon substantial evidence presented during the above-reference · public hearings on September 27 and ,2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The location, design, and proposes uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b) The Development Agreement conforms to the General Plan of the City of Rancho CITY COUNCIL ORDINANCE NO. SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. September 27, 2000 Page 3 SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement 00-02, attached hereto as Exhibit "A." SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published with 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. y3 L m DEVELOPMENT AGREEMENT NO. 00-02 SENIOR CITIZENS' HOUSING THIS AGREEMENT is entered into as of the "Effective Date" set forth herein by and between SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California NON PROFIT PUBLIC BENEFIT CORPORATION ("Developer') and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("City'), WITNESSETH: A. Recitals. California Government Code Sections 65864 et seq. Authorizes cities to enter into Binding development agreements with persons having legal or equitable interests in real property for the development of such property. California Government Code Section 65915 provides that a City may, by agreement with a developer, grant a density bonus over that allowed by the maximum density established in the Development Code and Land Use Element of the General Plan when a developer agrees to construct housing for low income senior households. The Developer has requested City to consider the approval of a development agreement, with a density bonus, pertaining to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference. The site is now zoned High Residential (24-30 dwelling units per acre) with a Senior Housing Overlay District, as enacted by Development District Amendment 00-03, pursuant to the provisions of City's Development Code, as amended to date hereof. Developer and City desire to provide through this Development Agreement more specific development controls on the site which, will provide for maximum efficient utilization of the site in accordance with sound planning principles. The DevelopeTpropose~ 'to c:o~ruct a senior housing residential project, including low- income units, within the City. Said project contemplated by Developer will require an increase in the maximum density as currently provided in the High Residential (24-30 dwelling units per acre) District with a Senior Housing Oveday District. It is the desire of City to encourage developments designed to provide affordable rental units for senior residents ofthe City. In furtherance ofthatdesire, the Cityis herebywilling togrant a density bonus, in addition to the Development District Amendment 00-02B designation of High Density (24-30 dwelling units per acre), to Developer as provided by the terms of this Agreement. The City reserves the right to change the land use designation of the real property from High Residential (24-30 dwelling units per acre) to the previous land use designation, General Commercial, if the City has evidence before construction has commenced that the Developer no longer has legal or equitable interests rights with the real property. - That any housing project developed pursuant to this agreement, and any subsequent land use approvals required by City ordinances, shall comply with all appropriate provisions of the California Environmental Quality Act. On ., 2000, City adopted its Ordinance No. , thereby approving this Development Agreement with Developer and said action was effective on ,2000. B. A,qreement. NOW, THEREFORE, the parties hereto agree as follows: Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a, "City" is the City of Rancho Cucamonga, "Project" is the development approved by City comprised of approximately forty-eight (48) senior apartment units, one manager unit, recreational and common area facilities, parking spaces, and other amenities on the Site, "Qualified Project Period" means the first day on which the residential units in the development are first available for occupancy by Qualified Tenants and continuing for thirty years, except that the limitation that all tenants, occupants, and residents by Qualified Tenants shall continue in perpetuity, except for any resident employee occupying the manager's unit. "Qualified Tenants" shall mean persons or households who are at least fifty-five years or older and are senior citizens as defined in Section 51.3 of the California Civil Code as amended from time to time. (i) "Very Low Income Qualified Tenants" shall mean Qualified Tenants who possess an income equal to or less than the amounts as specified in California Health and Safety Code Section 50105, as amended. (ii) "Ninety Percent Income Qualified Tenants" means a household whose annual income does not exceed ninety percent (90%) of the Area Median Income, "Area Median Income" as may be used in determining income status or rent rate heroin, shall mean that determined median for the County of San Bemardino, as set forth in California Health and Safety Code Section 50093, as amended. "Affordable Rents" shall mean the total charges for rent, and utilities, to a Very Low Income Qualified Tenant shall not exceed one-twelfth of thirty percent (30%) of Very Low Income, adjusted for household size. The total charges for rent, and utilities to a Ninety Percent Income Qualified Tenant shall not exceed one-twelfth of thirty percent (30%) of ninety percent (90%) of the Area Median Income. adjusted for household size. Initial rents for each unit shall be set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted annually by the same percentage that income has increased, if any, for a Very Low Income Qualified Tenant or a Ninety Percent Income Qualified Tenant, based on changes in the Area Median Income. At least sixty calendar days prior to increasing rents on any unit restricted by this Agreement, the Developer shall submit to the City the Developer's calculation of such increase. Tenants occupying units restricted by this Agreement shall be given at least thirty days written notice prior to any rent increase. "Effective Date" shall mean the 31 st calendar day following adoption of the ordinance appmving this Agree.rnent by City's City Council. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. Interest of Pmpertv Owner. Developer warrants and represents that it has entered into an escrow or an agreement by which it is to acquire full legal title to the real property of the site and that it has full legal right to enter into this Agreement. Bindino Effect of AGreement. The Developer hereby subjects the development and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developers successors and assigns in title or interest to the Development. Each and every contract, deed, Regulatory Agreements with the Rancho Cucamonga Redevelopment Agency or other instrument hereinaffer executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer's legal interest in the development is rendered less valuable thereby. The City and Developer hereby further decla~'e their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment a~nd use of the Development by Qualified Tenants, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City of Rancho Cucamonga.. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. Requlatorv Aqreement: In addition to the requirements of this Agreement, the Developer shall comply with all the terms and conditions of the Regulatory Agreement with the Redevelopment Agency. Term of Aareement, The term of the Agreement shall commence on the effective date and shall expire thirty years after the commencement of the Qualified Project Period, so long as Developer remains in material ccmplianca with this Agreement, as from time to time amended. This Agreement shall be deemed to be terminated automatically if Developer does not obtain a Certificate of Occupancy for the entirety of the Project within three (3) years of the effective date. Restrictions on Rental Units. During the term of this Agreement, all tenants, occupants and residents shall be Qualified Tenants except for one resident manager. However, it is expressly understood by the parties hereto that the Project has been specifically designed to meet the unique needs of senior tenants. Accordingly, even after the expiration of the term, the limitation that all tenants, occupants, and residents of apartment units in the Project shall be Qualified Tenants shall remain in perpetuity, unless the Project is made to conform with all then applicable Development Code provisions pertaining to multi-family dwellings, Said apartment units shall not be rented, occupied, leased or subleased to occupants who are not Qualified Tenants except as provided as follows: A person or persons who is not a Qualified Tenant, but is a "Qualified Permanent Resident as defined in Civil Code Section 51.3; A person or persons under fifty-five years of age may occupy apartment units as temporary tenants for a period of time not to exceed three months during any calendar year. 10. Rental Requirements. During the Qualified Project Period at least twenty percent (20%) of the units in the Project, shall be rented, leased or held available for Very Low income Qualified Tenants at affordable rents. All remaining units shall be rented, leased or held available for Ninety Percent Income Qualified Tenants at affordable rents.. ' Maintenance of Apadments as Rentals. During the term hereof, all apartment units in the Project shall remain rental units. No apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council. 11. On-site Manaqer. A full-time resident manager shall be provided on the Project site. 12. Tenant Committee. Residents shall have the right to establish a committee composed of tenants for the purpose of organizing social activities and providing comments and suggestions to the Developer regarding the operation and facilities of the Project. Nothing in this section shall be deemed to restrict the rights of individuals to organize activities and provide comments to the Developer. 13. Submission of Materials and Annual Review. Prior to occupancy, the Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants and Low Income Qualified Tenants. On or before March 15 of each year following the commencement of the Qualified Project Period, the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following: a. Rent schedules then in effect, including Utility charges (if any); b. A project occupancy profile; C, A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways, and recreational areas. The report may be combined with, or form a part of, the Annual Report required by the Redevelopment Agencys Regulator,/Agreement as long as it contains the above listed items. City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice is provided. The City shall further be allowed to conduct an annual survey of residents in the Project in order to assess senior needs. 14. Tenant Selection, Contracts and Rules and ReGulations. On receipt of an application for low- income occupancy, Developer shall determine the eligibility of the occupancy under the terms of this Development Agreement. Verification of tenant eligibility shall include one or more of the following factors: Obtain an income verification form from the Social Secudty Administration and/or the California Department of Social Services, if the applicant receives income from either or both agencies; b. Obtain an income tax return fur the most recent tax year; c. Conduct a TRW or similar financial search; d. Obtain an income verification from all current employers; and If the applicant is unemployed and has no tax return, obtain another form of independent verification. Developer shall be entitled to rely on the information contained in the application sworn to by the applicant. All agreements for rental of all apartment units in the Project shall be in writing. The form of proposed rent or lease agreement shall be reviewed and approved by City prior to the commencement of the Qualified Project Period. Such agreement shall include all roles and regulations governing tenancy within the Project. The rules and regulations shall include regulations which specifically authorize the keeping of small pets within all apartment units. 15. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an eviction under the following circumstances; a. The death of the sole tenant of the unit; b. : By the tenant at the~xpiration of_the term of occupancy or other wise upon thirty -- days' written notice; _. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. e. Tenant income increases above qualified amount, Any termination of a tenancy other than those listed above in this paragraph 14 shall constitute an eviction. Developer shall only evict in compliance with the provision of California law. 16. 17. 18. Local Residenc,/. Residency preference shall be given where possible and to the extent permitted by law to applicants to the Project who have been residents of the City of Rancho Cucemonga. However, that factor shall not be given priority overthe other elements of Qualified Tenant selection as stated herein. Hazard Insurance. Developer shall keep the Project and all improvements thereon insured at all times against loss or damage endorsement and such other risks, perils or coverage as Developer may determine. During the term hereof, the Project shall be insured aS provided in the Regulatory Agreement of the Citys Redevelopment Agency. Maintenance Guarantee. Developer shall comply with all City maintenance standards enacted from time to time. 19. Standards and Restriction Pertaininc~ to Development of the Real Property. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: b= Only residential uses of the real property, including provisions of services needed or desired by the residents, shall be permitted in the Project; and The final Site Plan and development design shall be subject to a City approved development review procedure, to be applied for by the owner; and Notwithstanding the minimum lot sizes set forth in Section 17.08.040 of the Development Code, the development of the project shall be permitted at the high end of the density range, at 30 dwelling units per acre, plus a 25% bonus density as provided under the Senior Housing Overlay District, for a maximum density of 37.5 dwelling units per acre; and The maximum height for the highest proposed building in the Project shall be forty- two (42) feet, and its location with respect to adjacent single family houses shall be subject to a City approved development review application; and The maximum size for all the buildings and the proposed square footage for each of the apartment types located in the Project shall be as set forth in a city approved development review application; and The provisions for reservation or dedication of land for public purposes shall be established through the development review process. The maximum number of required off-street parking spaces shall be subject to the Development Review process, but shall be no less than .7 parking space per unit and no less that 1 space for the manager's unit, and h= The minimum private open space requirement for ground floor units shall be subject to the Development Review process, and The minimum private open space requirement for upper floor units shall be subject to the Development Review process; and The minimum number of washe~dryer facilities shall be modified from the Development Code and subject to the Development Review process, but not less than one washer/dryer for every 14 units; and The minimum building setback from the drive aisle shall be reduced to an amount not less than 9 feet; and Recreational amenities may be duplicated in order to fulfill the total number of recreational amenities required for the project; and m. A perimeter wall, if any, shall be subject to the Development Review process; and. The existing temporary easement for students' access along the eastern portion of the parcel from Salina Street to the neighboring elementary school, may be retained, or modified, through an agreement between the Developer and the Cucamonga School District and subject to City Staff approval. 20. Proiect Desian Amenities for Senior Citizens. The Project open space, buildings and individual apartments shall be designed with physical amenities catering to the needs and desires of the senior citizen residents. In addition to those conditions set forth in the development review process, following physical amenities shall be substantially included in the Project, but may be modified by the City during the Development Review process: a. Elevator service shall be provided to all upper story apartments; Units shall be designed to comply with the State requirements for disabled access for multiple family housing; c. All units shall possess secured entryways off a common enclosed hallway. d. Handtells shall be provided in all hallways; e. Building space shall be devoted for tenant group meetings; and Recreational amenities shall be oriented towards senior needs and may include, but not limited to, lawn bowling, 9azebos, and barbecue areas and be subject to the ~D. evelopment Review process, 21. Indemnification. Developer agrees to indemnify, defend and hold City and its elected officials, officers, agents, and employees free and harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Developer agrees to indemnify and shall defend City and it s elected officials, officers, agents, and employees with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project with a counsel reasonably satisfactory to the City. This indemnification provision applies to all damages and claims the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the gross negligence or willful misconduct of the City, its elected officials, agents and employees. 22. Non-Liability of Aqencv Officials, Employees, and Aqents. No member, official, employee, or agent of the City shall be personally liable to the Developer or any permitted successor-in- interest of the Developer in the event of default or breach by the City or the Rancho Cucamonga Redevelopment Agency under this agreement or for any amount which may become due to the Developer, its successors or under any obligation under the terms of this Agreement. 23. Amendments. This Agreement may be amended or cancaled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Section 65868 et seq. 24. Federal, State Preemption: As provided in State Government Code Section 65869.5, where state or federal laws or regulations enacted after this Development Agreement has been entered into prevent or preclude compliance with the provisions of the Development' Agreement, such provisions shall be modified or suspended as may be necessary to comply with such State or federal laws or regulations. 25. Administrative Modifications: Minor conflicts resulting from the strict interpretation of this Agreement with the application of the City's development regulations may be modified administratively by the City Planner. 26. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) at the address of the Project, and by registered or certified mail addressed to the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty days after such notice js given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty days (provided that acts to cure the breach or default must be commenced within said thirty days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement or apply for such other relief as may be appropriate. After completion of the Project pursuant to the terms of this Agreement, any default may altematively be enforced as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code. Accordingly, the following penalty is specifically included as part of this Agreement: 27. "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Agreement. Any person, firm, partnership, or corporation violating any provision of this Agreement by failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnemhip or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Agreement is committed, continued or permitted by such person, firm, partnership or corporation, and shall be punishable therefore as herein." Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been knowingly false in any matedal respect when it was made; If a finding and determination is made by City following an annual review pursuant to paragraph 13 herein above, upon the basis of substantial evidence that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 34 herain above; or C= A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 34 herein above. 28. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations goveming development agreements are available to .the parties to pursue in the event that there is a breachofthis DevelopmentAgreement. NowaiverbyCityofanybreachordefaultunderthis Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 29. Riqhts of Lenders Under this Aereement. Should Developer place or cause to be placed any encumbrance or lien on the project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, mortgages, shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "the trust deed"); C= Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. The City agrees that the terms of this Agreement are subordinate to any such financing instrument and shall execute from time to time any and all documentation reasonably requested by Developer or Lender to effect such subordination. 30. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender and afford Lender the opportunity after service of the notice to: Cure the breach or default within sixty days after service of said notice, where the default can be cured by the payment of money; Cure the breach or default within sixty days after service of said notice, where the breach or default can be cured by something other than the payment of money and can be cured within that time; or 31. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within sixty days after said notice, provided that acts to cure the breach or default are commenced within a sixty day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. Action bv Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: They are commenced within sixty days after service on Lender of the notice described herein above; 32. They are, after having been commenced, diligently pursued in the manner required by law to completion; and C= Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. _ Rent Control. In consideration for thelimitations herein provided, City agrees that it shall not, Juring the term~f this Agreement,_take any action, the_effect_of which will be to control, determine or affect the rents for those low income rental units located in the Project, except as otherwise provided in this Agreement. h,L, mS' 33. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. Developer: Southern California Housing Development Corporation 8265 Aspen Street, Suite 100 Rancho Cucamonga, CA 91730 city: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91730 34. 35. 36. -Attomev's Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. Bindina Effect. This agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors, and assigns, wherever the context requires or admits. Applicable Law. This Agreement shall be construed in accordance with and govemed by the laws of the State of California. 37. 38. .Partial Invalidit'v. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the rema n ng provisions hereof shall not in any way be affected or impaired thereby. Recordation, This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of San Bemardino, IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the effective date set forth herein above. CITY OF RANCHO CUCAMONGA Dated: By William J. Alexander, Mayor SOUTHEER~ CALIF~SRNI~USII',IG DEVEEOPM~'NY'CORP. Dated: By \"-c-,bairman McNiel closed the public hearing. Brad ~'Jqr, City Planner, remarked that references to a project is speculative and that any prospectivc"-'~ers will be subject a Conditional Use Permit as well as Environmental Review. The request is for a"-ba~nge in land use and that it makes no sense for the property to remain as a residential designaL,-'3~ He added that Village Commercial is the lowest intensity commercial designation permitted ih ~ictoria and that the Planning Commission and City Council will have other opportunities to review prop -sed uses and any related environmental impacts. Alan Warren concurred stating b;'--Use is subject to discretionary review and that the City can approve, modify, or deny any propose;', ~se. He added that the analysis prepared is broad in nature and that there may be other possible use,: "hat may have less impact, reiterating that staff will know more when a specific application is propose~,: He cited that if an office building was proposed, then the answer to there being any impacts from haz~.-dous materials would in fact be "no." He clarified that the responses referred to by Mr. Martin were S .ff responses and not those of the applicant. Commissioner Tolstoy stated that he does not believe the, · js any Sense in leaving a piece of land that small as a residential designation. He added that NeighbL -hood Commercial would be the best designation but the caveat would be to keep in mind that we do: nt want to see a freeway sign. Commissioner Stewart indicated that she concurs, it makes no sense ~ keep it as residential. She added that to allay Mr. Martin's concerns, this Commission offers protecb~.. through design review and also reviews environmental concerns thoroughly. Ms. Stewart moved ~,- ~ approval. Chairman McNiel clarified that her motion pertains to all 4 resolutions. Motion: Moved by Stewart, seconded by Tolstoy, to recommend approval for all 4 .: ~.olutions pertaining to General Plan Amendment 00-02A, Victoria Community Plan Amendmen~ '~0-02, General Plan Amendment 00-02C, and Victoria Community Plan Amendment 00-03. All 4 item: will be forwarded to the City Council for final action. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the land use designation from Commercial to High Residential (24-30 dwelling units per acre) for 1.3 acres at the southwest intersection of Malvem Avenue and Salina Street. APN 209-041-47. Related files: Development Distdct Amendment 00-03 and Development Agreement 00-02. Staff has prepared a Negative Declaration of environmental impacts for consideration. L. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION -A request to change the zoning designation from General Commercial to High Residential (24-30 dwelling units per acre) with a Senior Housing Oveday Distdct for 1.3 acres at the southwest intersection of Malvern Avenue and Salina Street. APN 209-041-47. Related files: General Plan Amendment 00-02B and Development Agreement 00-02. Staff has prepared a Planning Commission Minutes -9- September 27, 2000 Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 00-02 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION -A Development Agreement between the City of Rancho Cucamonga and the Southern California Housing Development Corp. for the purpose of providing a Senior Housing Project pursuant the requirements of the Senior Housing Oveday District (Section 27.020.040 of the Development Code), including deviation from certain development standards, for 48 senior apartment units and one manager unit on a High Residential (24-30 dwelling units per acre) site of 1.3 acres of land at the southwest intersection of Malvem Avenue and Salina Street. APN: 209-041-47. Related files: General Plan Amendment 00-02B, and Development District Amendment 00-03. Staff has prepared a Negative D~claration of environmental impacts for consideration. Alan Warren, Associate Planner gave the staff report. Mr. Warren noted that a petition opposing the project was received bearing 90 signatures. Chairman McNiel opened the public headng. Traies Roe, a housing officer for Southern Califomia Housing Development Corporation gave a lengthy presentation covedng the history of Southem Califomia Housing Development Corporation, the need for affordable senior housing in Rancho Cucamonga and addressed the concerns of the residents. She added that she had 5 letters of support in addition to a brochure outlining the services and activities offered by their projects. She noted that Julie Monga, a manager of one of their projects as well as Angel Rogers, a property manager for one of their projects and Peter Pitassi, Architect were also in attendance. She noted that Villa Pacifica is the only other facility existing in town that offers affordable senior apartments with a waiting list of 300 people. She stated that the concern about the site location next to a school/park is unfounded, that her survey reflects that seniors like to be connected to the activities around them. She noted that her research indicates that there would be no demonstrable decline in property values and that it may even improve the value of the neighborhood. She added that the site is currently zoned for Neighborhood Commercial, which could have an even higher impact on the neighborhood than a Senior Housing project. She noted that the design is in progress and that with Mr. Pitassi's experience with similar projects, the neighbors could feel assured that the end result would be appealing, would respect the neighborhood, and be a contribution to the block. She commented on the issue of parking and traffic, noting that most seniors do not drive and the number of their trips is significantly less than General Commercial or other uses. Ms. Roe continued by noting that there are ways to discourage traffic resulting from the project and that parking will be provided as per Development Code standards. She added that a walkway will be provided for students attending the school located adjacent to the project. Chairman McNiel asked if there were any questions and opened the public headng. Carla Luis, 9841 Salina Street, Rancho Cucamonga, reported that traffic on Malvem is dangerous now and will be more dangerous with senior housing there. She mentioned that a 6-foot wall in the passageway might be a hideout for child toolesters or kids wanting to fight, laying in wait. She noted that most of the residents did not attend the meeting because most of them are Hispanic and did not understand the invitation sent to them in English. She added that a petition has been signed by 150 residents. She noted that most in the neighborhood are long term residents and that they do not want to look out on a 3-story apartment building everyday. She mentioned another concern Planning Commission Minutes -10- September 27, 2000 regarding the possible failure of the senior project and a fear that it might be converted to a low- income project, attracting undesirables and criminals to the neighborhood. She noted that she is carrying twins and would like to see them playing in the street 5 years from now without worry about traffic issues. She added that she would like them to be safe. Glen Sears, 8605 Ramona, Rancho Cucamonga noted that the traffic is bad now and that many seniors still work and drive, creating traffic. He noted that he believes that for the acreage noted in the application, the applicant is proposing too many units for what is allowed. He added that the services within walking distance are not what seniors would want. He added that it takes 3-5 minutes to get out onto Arrow in the rooming off Ramona, and would take even longer off of Malvern. He asked what the deviation from the development standards was. He commented that when the Senior Center holds neighborhood luncheons and special events, all the lots are full and they are parking on the streets as well. He questioned the accuracy of the traffic analysis. Mr. Warren addressed the question about the number of units by stating that the Development agreement for a SHOD (Senior Housing Overlay District) is mandated by the State and it allows a 25 percent density increase for properties designated for senior housing, reductions in parking standards and setbacks requirements, all included in the Development Agreement. He noted that many of them are not specific because the precise development plan was not yet available. Chairman McNiel asked what would happen to the building if the senior project failed. Mr. Warren stated that it has never happened but qualified the issue by noting that the Development Agreement is for 30 years with a 5 year limit for the applicant to get a certificate of occupancy. He referred to the attorney, Kevin Ennis, Assistant City Attorney, noted that the Development Agreement provides a restriction that for the term of the agreement, the units could only be rented by qualified seniors; following the term, another limitation on the tenants exists, which goes on into perpetuity. He stated that facilities such as this must maintain certain requirements in order to gain tax benefits. He said there are long term requirements, which they must abide by that do restdct the facility to senior housing. Chairman McNiel asked for the age requirement for a tenant to qualify for this housing. Mr. Ennis responded that the agreement states 55 years and older. Chairman McNiel asked if it is in the Commission's purview to adjust the age requirement. Mr. Ennis stated that possibility could be checked out but that he did not feel that could be adjusted, it falls within the State and Federal standards. Una Hoyt, 8615 Ramona Avenue, Rancho Cucamonga; stated she also has difficulty pulling out onto Arrow off of Ramona and Malvern. She cited problems with parking issues and traffic that would be heightened by driving seniors. She asked if all the Commissioners had visited the site. She claimed the seniors' visitors would create additional parking problems. Chairman McNiel stated they had all visited the site. Ms. Hoyt felt that the site is too small for any development. She commented that all of the comments on the Environmental Report are negative. She noted that she believes seniors do not Planning Commission Minutes -11- September 27, 2000 like noise. She commented that the first floor residents will be looking at a block wall. She noted her main concern is traffic and felt that the services nearby are not what the seniors would want. She added that kids have to walk in the street because there is no sidewalk on Ramona. Esther Mott, 8593 Archibald Avenue, Rancho Cucamonga, President of the Assistance League of Upland, stated that they lease parking to the Senior Center and they own the property under consideration. She stated that the undeveloped property attracts loiterers, transients, debris, weeds and graffiti. She voiced her support for the project. Cad Brandstetter, 601 W. Colton Avenue, Redlands, indicated he is a real estate broker and consultant. He offered his support for the project noting that he is active in the senior housing market, locating senior sites. He commented thatsenior housing makes awondefful neighborwith low cdme rates, they create little noise and traffic and their projects are nicely landscaped and maintained. He noted that seniors look for amenities such as a close proximity to goods and services, health care, and public transportation. He commented that the principal of Deer Creek --Elementary School offered his full support of the project on 19th and Hermosa. The principal had a very positive past experience with adjacent senior housing where the students provided programs involving the seniors which were appreciated by all. He added that some of the same concerns brought forward with the 19th and Hermosa project are being raised with this application before the Commission. He pointed out that the traffic concerns were addressed by moving an access driveway. He also mentioned that an appraiser had performed a study in regard to property values surrounding senior housing and indicated that home values and median income did not suffer any losses. He noted that the site boasts additional amenities such as the Senior Center. He added Southem Califomia Housing Development Corporation has many other successful projects and that seniors make great neighbors. Kent Barrett, 8651 Ramona Avenue, Rancho Cucamonga, stated that everyone he spoke to in the neighborhood are against the proposed project. He remarked that he attended the first neighborhood meeting and he circulated petitions to residents. He noted that they are against it because of parking and traffic problems, specifically pointing out the dangerous curve on Malvem and Salina especially with parking on both sides. He remarked that if that area is designated for no parking, the residents and their visitors will be parking on their streets, Salina and Ramona. He added that any additional traffic will worsen the traffic problems they already experience. He noted that they might like a senior housing development over another type of development if their was an additional access onto Archibald via a corridor through the Assistance League property and build a 2-story parking structure to handle the additional cars. He pointed out that many of the neighbors had not received a notice and that many people impacted live further than the 500-foot noticing area. He felt that the noticing was not adequate. He suggested Iowedng the number of units -allowed, adding a traffic light-a~Ramona and addinga corridor-for access to Archibald might be ways to correct the situation, but that senior housing changes the nature of the residential area and should not be approved as it is currently designed. Chairman McNiel pointed out that only a conceptual proposal has been presented and that a design isnotbeingconsideredyetandthenumbersarenotsetatthisPoint. Headngnofurthercomments, Chairman McNiel closed the public hearing. Commissioner Tolstoy remarked that the current zoning for the property is commercial and if it is developed as a commercial property, the traffic impact would be far greater than the proposed senior housing. He added that the location is ideal because of the proximity to the Senior Center, services and a school, that many seniors like. He commented that there is enough buffedrig Planning Commission Minutes -12- September 27, 2000 /36 between the proposed facility and the residential neighborhood. He added that his other concem is with the size of the 3-story building and that it may be intrusive on the properly. Commissioner Stewart added that she concurs with Commissioner Tolstoy on all points and she reminded the attendees that the item before them is not a Design Review, it is a land use change. zoning change and a Development Agreement, and that there will be many more opportunities for comment on the actual design of the facility in the future. She assured the residents that from her experience in law enforcement, seniors make good, watchful neighbors. Commissioner Macias added that the City is required by law to provide low - income housing, and that it does not necessarily have to be for seniors. He noted that this is a positive aspect and that the there are many checks and balances in place within the Design Review process that will hammer OUt Concerns. Commissioner Mannedno emphatically expressed shock regarding some of the reactions of the -residents because of-the high probability of a commercial project being placed on the property if the senior housing had not already been slated for the property. He lamented that traffic issues and noise would be far greater with a neighborhood commercial center on the site. He voiced his strong support for the senior project and assured the attendees that he would comment on the design when the design is ready for review. Chairman McNiel commented that in his past personal experience he made frequent visits to his Mother in law's senior home at which he noticed very few cars and very few visitors. He added his support of the site slated for this use. He continued by noting that the project would have to go through Design Review. Motion: Moved byStewart, seconded byMannerinotorecommendapprovalbytheCityCouncilfor all four items as presented by adopting the Resolutions of Approval for General Plan Amendment 00-03, General Plan Amendment 00-02B, Development Distdct Amendment 00-03 and Development Agreement 00-02 AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carded Chairman McNiel called for a recess at 9:20p.m. and suggested the Planning Commission reconvene at 9:30p.m. Mr. Buller reminded the attendees that all four items would be forwarded to the City Council for final -approval. - - - 'N. CONDITIONAL USE PERMIT 97-38 MODIFICA I IUN - L, LUu ,v.,,. '.',:: E." ^ -~n~ ~F'St tO expand the hours of operation for a nightclub and restaurant within the Thomas W~ .y Plaza, in the Specialty Commercial District of the Foothill Boulevard Spedfi~ Pla~ <.tired at 8916 Foothill Boulevard -APN: 208-101-23. Planning Commission Minutes ~-~13- September 27, 2000 131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02B, A REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT MAP FROM COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) FOR 1.31 ACRES OF LAND, LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-041-47. A. Recitals. 1. The Southern California Housing Development Corporation filed an application for General Plan Amendment No. 00-02B as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No.00-108 recommending to the City Council that General Plan No. 00-02B be approved. 3. On November 1,2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public headrig on the application. 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 City Council 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 dudng the above- referenced public headng on November 1, 2000, including wdtten and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 1.31 acres of land, basically an "L" shaped configuration, located south of the intersection of Malvem Avenue and Salina Street, which is presently vacant. Said property is currently designated as Commercial; and b. The property to the north of the subject site is designated Commercial and is developed with a parking lot for use by the City's Senior Center and beyond there is a neighborhood shopping center. The properties to the west are designated Commercial and are developed with office structures. The property to the east, on the east side of Malvem Avenue, is designated Civic/Community and developed with the Rancho Cucamonga Senior Center, and further east the properties are designated Low Residential (2-4 dwelling units per acre) and are developed with single family houses. The property to the south is within the Public Facilities category and is developed with the Cucamonga Elementary School; and CITY COUNCIL RESOLUTION NO. GPA 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. November 1,2000 Page 2 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development through the land use review process of this application; and d. This amendment does promote the goals and objectives of the Land Use Element by designating appropriate land use designations for senior housing on the subject site; and - e: --This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II. ~ 3. Based ~pon~he substantial evidence presented to this Council dudrig the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: a That the subject property is suitable for the uses permitted in the proposed distdct in terms of access, satisfying the location requirements of the Senior Housing Oveday District, and compatibility with existing land use in the surrounding area as evidenced by its close proximity to a senior recreation center; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in conformance with the General Plan by locating senior housing in a complementary land use pattem near an existing residential area. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application, b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, thero is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. 157 CITY COUNCIL RESOLUTION NO. GPA 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. November 1,2000 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby approves General Plan Amendment No. 00-02B to establish a High Residential (24-30 dwelling units per acre) designation for the site identified in this Resolution and shown in Exhibit "A" of this Resolution. 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 1ST DAY OF NOVEMBER 2000. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: I, Debra Adams, City clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Coundl of the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 1st day of November 2000, by the following vote-to-wit: FR GPA 00-02B - General Plan Land Use Map r - we' ' r trial GPA 00-02B , office pa k High ResidenTial · Chang. e t0' Senior Center ~ Alpine' St. ,~::::: :::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::: i::::::::i Salena St. :::::: BI~ Application site.shp GP Land Use Designations ~ LOW ~ LOW MEDIUM ~ MEDIUM M MEDIUM HIGH M HIGH ~ OFFICE ~ COMMERCIAL ~ GENERAL INDUSTRIAL ~ CIVIC / COMMUNITY ~ ELEMENTARY SCHOOL no scale AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 00-03, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM GENERAL COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) WITH A SENIOR HOUSING OVERLAY DISTRICT FOR 1.31 ACRES OF LAND LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF. APN 209-041-47. A. Recitals. 1. The Southem California Housing Development Corporation filed an application for Development District Amendment No. 00-03, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Distdct Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on an associated application and issued Resolution No. 00-108 recommending to the City Council that the associated General Plan Amendment No. 00-02B be appreved. 3. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 109, recommending to the City Council that the application be approved. 4. On November 1,2000, the City Council of the City of Rancho Cucemonga conducted a duly noticed public hearing on an associated application and issued Resolution No. * , approving the associated General Plan Amendment No. 00-02B. 5. On November 1,2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public headng the application 6. All legal prerequisites pdor to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public headrig on November 1, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 1.31 acres of land, basically an "L" shaped configuration, located south of the intersection of Malvem Avenue and Salina Street, which is presently vacant. Said property is currently designated as Commercial General; and CITY COUNCIL ORDINANCE NO. DDA 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. NOVEMBER 1, 2000 Page 2 b. The property to the north of the subject site is designated General Commercial and is developed with a parking lot for use by the City's Senior Center and beyond there is a neighborhood shopping center. The properties to the west are designated General Commercial and are developed with office structures. The property to the east, on the east side of Malvem Avenue, are designated Low Residential (2-4 dwelling units per acre) and developed with the Rancho Cucamonga Senior Center, and further east the land is developed with single family houses. The property to the south is within the Low Residential (2-4 dwelling units per acre) designation and is developed with the Cucamonga Elementary School; and; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the distdct in a manner consistent with the General Plan and with related development through the land use review process of this application; and d. This amendment does promote the goals and objectives of the Land Use Element by designating appropriate land use designations for senior housing on the subject site; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties as evidenced by the findings of the environmental analysis. 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 I and 2 above, this Council hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed distdct in terms of access, satisfying the location requirements of the Senior Housing Oveday District, and compatibility with existing land use in the surrounding area as evidenced by its close proximity to a senior recreation center; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in c~nformance with the General Plan and with the Development Code by the consideration of a Development Agreement which contains provisions for the Senior Housing Oveday Distdct designation. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all wdtten and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated therounder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. CiTY COUNCIL ORDINANCE NO. DDA 00-03 - DEVELOPMENT DISTRICT AMENDMENT Page 3 b. That based upon the changes and alterations, which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public headng, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby recommends approval of Development District Amendment No. 00-03 to establish a High Residential (24-30 dwelling units per acre) District and accompanying Senior Housing Overlay Distdct at the site described in this Ordinance and shown in Exhibit "A" of this Ordinance. 6. The Secretary to this Commission shall certif,/to the adoption of this Ordinance. APPROVED AND ADOPTED THIS 1 ST DAY OF NOVEMBER 2000. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: I, Debre Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was duly and regularly introduced, passed, and adopted by the City Council of the City of Rancho Cucarnonga, at a regular meeting of the City Council held on the 1st day of November 2000, by the following vote-to-wit: AYES: 'NOES: ABSENT: m DDA 00-03 - Development Districts Map Elementary School ::::::::::::::::::::::::::::::::::::::::::::::::::: 0:: ~ Application site Development Districts N LOW ~ LOW MEDIUM ~ MEDIUM m MEDIUM HIGH m HIGH ~ OFFICE PROFESSIONAL ~ GENERAL COMMERCIAL [~7//z~ GENERAL INDUSTRIAL ~ ELEMENTARY SCHOOL no scale ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATIONS FROM CERTAIN DEVELOPMENT STANDARDS FOR 48 SENIOR APARTMENT UNITS AND ONE MANAGER UNIT LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, -AS-PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF- APN 209-041-47 A. Recitals. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. b) 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, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) California Government Code Section 65865 provides, in pertinent par~, as follows: "Any city...may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." (iii) California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensify of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensify of development set forth in the Agreement..." (@ CITY COUNCIL ORDINANCE NO. SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION November 1, 2000 Page 2 (iv) "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement 00-02, concerning that property located at the southwest comer of Malvern Avenue and Salina Street, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." (v) On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga held duly noticed hearing concerning associated land use and zoning applications and concluded said hearings on that date and recommended approval of General Plan Amendment 00-02B and Development District Amendment 00-03 through adoption of its Resolutions. (vi) On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga held a duly noticed hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution. (vii) On November 1, 2000, the City Council of the City of Rancho Cucamonga held duly noticed hearing concerning associated land use and zoning applications and concluded said hearings on that date and approved General Plan Amendment 00-02B and Development District Amendment 00-03 through adoption of its Resolution and Ordinance. (viii) On November 1, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. (ix) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. O~inance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby-specifically-finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed the Initial Study, Parts I and II, and the Development Agreement, and certified the Negative Declaration, in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. SECTION 3: Based upon substantial evidence presented during the above-reference public hearings on September 27 and November 1, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The location, design, and proposes uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b) The Development Agreement conforms to the General Plan of the City of Rancho Cucamonga, CiTY COUNCIL ORDINANCE NO. SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION November 1, 2000 Page 3 SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement 00-02, attached hereto as Exhibit "A". SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published with 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. DEVELOPMENT AGREEMENT NO. 00-02 SENIOR CITIZENS' HOUSING THIS AGREEMENT is entered into as of the "Effective Date" set forth herein by and between SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California NON PROFIT PUBLIC BENEFIT CORPORATION ("Developer") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("City"). WITNESSETH: 'A:" ' Recitals. ' .... California Government Code Sections 65864 et seq. Authorizes cities to enter into Binding development agreements with persons having legal or equitable interests in real property for the development of such property. California Government Code Section 65915 provides that a City may, by agreement with a developer, grant a density bonus over that allowed by the maximum density established in the Development Code and Land Use Element of the General Plan when a developer agrees to construct housing for low income senior households. m The Developer has requested City to consider the approval of a development agreement, with a density bonus, pertaining to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference. The site is now zoned High Residential (24-30 dwelling units per acre) with a Senior Housing Overlay District, as enacted by Development District Amendment 00-03, pursuant to the provisions of Citys Development Code, as amended to date hereof. Developer and City desire to provide through this Development Agreement more specific development controls on the site which, will provide for maximum efficient utilization of the site in accordance with sound planning principles. The Developer proposes to construct a senior housing residential project, including low- income units, within the City. Said project contemplated by Developer will require an increase in the maximum density as currently provided in the High Residential (24-30 dwelling units per acre) District with a Senior Housing Overlay District. It is the desire of City to encourage developments designed to provide affordable rental units for seniorresidents ofthe City. In furtherance ofthat desire, the City is herebywilling togrant a density bonus, in addition to the Development District Amendment 00-02B designation of High Density (24-30 dwelling units per acre), to Developer as provided by the terms of this Agreement. The City reserves the right to change the land use designation of the real property from High Residential (24-30 dwelling units per acre) to the previous land use designation, General Commercial, if the City has evidence before construction has commenced that the Developer no longer has legal or equitable interests rights with the real property. - That any housing project developed pursuant to this agreement, and any subsequent land use approvals required by City ordinances, shall comply with all appropriate provisions of the California Environmental Quality Act. On __, 2000, City adopted its Ordinance No. , thereby approving this Development Agreement with Developer and said action was effective on ,2000. B. Aqreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: "City" is the City of Rancho Cucamonga, "Project" is the development appmved by City comprised of approximately forty-eight (48) senior apartment units, one manager unit, recreational and common area facilities, parking spaces, and other amenities on the Site. "Qualified Project Period" means the first day on which the residential units in the development are first available for occupancy by Qualified Tenants and continuing for thirty years, except that the limitation that all tenants, occupants, and residents by Qualified Tenants shall continue in perpetuity, except for any resident employee occupying the manager's unit. "Qualified Tenants" shall mean persons or households who am at least fifty-five years or older and are senior citizens as defined in Section 51.3 of the California Civil Code as amended from time to time. (i) "Very Low Income Qualified Tenants" shall mean Qualified Tenants who possess an income equal to or less than the amounts as specified in Califomia Health and Safety Code Section 50105, as amended. (ii) "Ninety Percent Income Qualified Tenants" means a household whose annual income does not exceed ninety percent (90%) of the Area Median Income. "Area Median Income" as may be used in determining income status or rent rate herein, shall mean that determined median for the County of San Bernardino, as set forth in Califomia Health and Safety Code Section 50093, as amended. "Affordable Rents" shall mean the total charges for rent, and utilities, to a Very Low Income Qualified Tenant shall not exceed one-twelfth of thirty percent (30%) of Very Low Income, adjusted for household size. The total charges for rent, and utilities to a Ninety Percent Income Qualified Tenant shall not exceed one-twelfth of thirty percent (30%) of ninety percent (90%) of the Area Median Income, adjusted for household size. Initial rents for each unit shall be set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted annually by the same percentage that income has increased, if any, for a Very Low Income Qualified Tenant or a Ninety Percent Income Qualified Tenant, based on changes in the Area Median Income. At least sixty calendar days prior to increasing rents on any unit restricted by this Agreement, the Developer shall submit to the City the Developer's calculation of such increase. Tenants occupying units restricted by this Agreement shall be given at least thirty days written notice prior to any rent increase. "Effective Date" shall mean the 31 st calendar day following adoption of the ordinance approving this Agreement by City's City Council. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. Interest of Property Owner. Developer warrants and represents that it has entered into an escrow or an agreement by which it is to acquire full legal title to the real property of the site and that it has full legal right to enter into this Agreement. Bindinq Effect of Aqreement. The Developer hereby subjects the development and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developer's successors and assigns in title or interest to the Development. Each and every contract, deed, Regulatory Agreements with the Rancho Cucamonga Redevelopment Agency or other instrument hereina~er executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer's legal interest in the development is rendered less valuable thereby. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Development by Qualified Tenants, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City of Rancho Cucamonga. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. Reclulatorv Aqreement: In addition to the requirements of this Agreement, the Developer shall comply with all the terms and conditions of the Regulatory Agreement with the Redevelopment Agency. Term of AGreement. The term of the Agreement shall commence on the effective date and shall expire thirty years after the commencement of the Qualified Project Period, so long as Developer remains in material compliance with this Agreement, as from time to time amended. This Agreement shall be deemed to be terminated automatically if Developer does not obtain a Cedificate of Occupancy for the entirety of the Project within three (3) years of the effective date. Restrictions on Rental Units. During the term of this Agreement, all tenants, occupants and residents shall be Qualified Tenants except for one resident manager. However, it is expressly understood by the parties hereto that the Project has been specifically designed to meet the unique needs of senior tenants. Accordingly, even after the expiration of the term, the limitation that all tenants, occupants, and residents of apartment units in the Project shall be Qualified Tenants shall remain in perpetuity, unless the Project is made to conform with all then applicable Development Code provisions pertaining to multi-family dwellings. Said apartment units shall not be rented, occupied, leased or subleased to occupants who are not Qualified Tenants except as provided as follows: A person or persons who is not a Qualified Tenant, but is a "Qualified Permanent Resident as defined in Civil Code Section 51.3; A person or persons under fifty-five years of age may occupy apartment units as temporary tenants for a period of time not to exceed three months during any calendar year. Rental Requirements. During the Qualified Project Period at least twenty pement (20%) of the units in the Project, shall be rented, leased or held available for Very Low Income Qualified Tenants at affordable rents. All remaining units shall be rented, leased or held available for Ninety Percent Income Qualified Tenants at affordable rents. 10. Maintenance of Apartments as Rentals. During the term hereof, all apartment units in the Project shall remain rental units. No apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council. 11. On-site Manaqer. A full-time resident manager shall be provided on the Project site. 12. Tenant Committee. Residents shall have the right to establish a committee composed of tenants for the purpose of organizing social activities and providing comments and suggestions to the Developer regarding the operation and facilities of the Project. Nothing in this section shall be deemed to restrict the rights of individuals to organize activities and provide comments to the Developer. 13. Submission of Materials and Annual Review. Prior to occupancy, the Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants and Low Income Qualified Tenants. On or before March 15 of each year following the commencement of the Qualified Project Period, the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following: a. Rent schedules then in effect, including utility charges (if any); b. A project occupancy profile; c. A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways, and recreational areas. The report may be combined with, or form a part of, the Annual Report required by the Redevelopment Agency's Regulatory Agreement as long as it contains the above listed items. 14. City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice is provided. The City shall further be allowed to conduct an annual survey of residents in the Project in order to assess senior needs. Tenant Selection, Contracts and Rules and ReClulations. On receipt of an application for low- income occupancy, Developer shall determine the eligibility of the occupancy under the terms of this Development Agreement. Verification of tenant eligibility shall include one or more of the following factors: Obtain an income verification form from the Social SecurityAdministration and/or the California Department of Social Services, if the applicant receives incame from either or both agencies; b. Obtain an income tax return for the most recent tax year; c. Conduct a TRW or similar financial search; d. Obtain an income verification from all current employers; and 15. If the applicant is unemployed and has no tax return, obtain another form of independent verification. Developer shall be entitled to rely on the information contained in the application sworn to by the applicant. All agreements for rental of all apartment units in the Project shall be in writing. The form of proposed rent or lease agreement shall be reviewed and approved by City prior to the commencement of the Qualified Project Period. Such agreement shall include all rules and regulations governing tenancy within the Project. The rules and regulations shall include regulations which specifically authorize the keeping of small pets within all apartment units. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an eviction under the following circumstances; a. The death of the sole tenant of the unit; By the tenant at the expiration of the term of occupancy or other wise upon thirty days' written notice; c. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. e. Tenant income increases above qualified amount. Any termination of a tenancy other than those listed above in this paragraph 14 shell constitute an eviction. Developer shall only evict in compliance with the provision of California law. 16. 17. Local Residenc¥. Residency preference shall be given where possible and to the extent permitted by law to applicants to the Project who have been residents of the City of Rancho Cucamonga. However, that factor shall not be given priority over the other elements of Qualified Tenant selection as stated herein. Hazard Insurance. Developer shall keep the Project and all improvements thereon insured at all times against loss or damage endorsement and such other risks, perils or coverage as Developer may determine. During the term hereof, the Project shall be insured as provided in the Regulatory Agreement of the City's Redevelopment Agency. 18. Maintenance Guarantee. Developer shall comply with all City maintenance standards enacted from time to time. 19. Standards and Restriction Pertainina to Development of the Real ProDertv. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: Only residential uses of the real property, including provisions of services needed or desired by the residents, shall be permitted in the Project; and The final Site Plan and development design shall be subject. to a City approved development review precedura, to be applied for by the owner; and Notwithstanding the minimum lot sizes set forth in Section 17.08.040 of the Development Code, the development of the project shall be permitted at the high end of the density range, at 30 dwelling units per acre, plus a 25% bonus density as provided under the Senior Housing Overlay District, for a maximum density of 37.5 dwelling units per acre; and The maximum height for the highest proposed building in the Project shall be forty- two (42) feet, and its location with respect to adjacent single family houses shall be subject to a City appreved development review application; and The maximum size for all the buildings and the proposed square footage for each of the apartment types located in the Project shall be as set forth in a City appreved development review application; and The provisions for reservation or dedication of land for public purposes shall be established through the development review process. The maximum number of required off-street parking spaces shall be subject to the Development Review process, but shall be no less than ,7 parking space per unit and no less that 1 space for the manager's unit, and The minimum private open space requirement for ground floor units shall be subject to the Development Review process, and The minimum private open space requirement for upper floor units shall be subject to the Development Review process; and The minimum number of washeddryer facilities shall be modified from the Development Code and subject to the Development Review process, but not less than one washer/dryer far every 14 units; and -k. The minimum building setback from the drive aisle shall be reduced to an amount not less than 9 feet; and Recreational amenities may be duplicated in order to fulfill the total number of recreational amenities required for the project; and m. A perimeter wall, if any, shall be subject to the Development Review process; and. The existing temporary easement for students' access along the eastern portion of the parcel from Salina Street to the neighboring elementary school, may be retained, or modified, through an agreement between the Developer and the Cucamonga School District and subject to City Staff approval. 20. Proiect Desiqn Amenities for Senior Citizens. The Project open space, buildings and individual apartments shall be designed with physical amenities catering to the needs and desires of the senior citizen residents. In addition to those conditions set forth in the development review process, following physical amenities shall be substantially included in the Project, but may be modified by the City during the Development Review process: a. Elevator service shall be provided to all upper story apartments; b= Units shall be designed to comply with the State requirements for disabled access for multiple family housing; c. All units shall possess secured entryways off a common enclosed hallway. d. Handrails shall be provided in all hallways; e. Building space shall be devoted for tenant group meetings; and Recreational amenities shall be oriented towards senior needs and may include, but not limited to, lawn bowling, gazebos, and barbecue areas and be subject to the Development Review process. 21. indemnification. Developer agrees to indemnify, defend and hold City and its elected officials, officers, agents, and employees free and harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Developer agrees to indemnity and shall defend City and it s elected officials, officers, agents, and employees with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project with a counsel masonably satisfactory to the City. This indemnification provision applies to all damages and claims the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project, Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the gross negligence or willful misconduct of the City, its elected officials, agents and employees. 22. Non-Liability of Aaency Officials, Employees, and Aqents. No member, official, employee, or agent of the City shall be personally liable to the Developer or any permitted successor-in- interest of the Developer in the event of default or breach by the City or the Rancho Cucamonga Redevelopment Agency under this agreement or for any amount which may become due to the Developer, its successors or under any obligation under the terms of this Agreement. 23. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Section 65868 et seq. 24. 25. Federal State Preemption: As provided in State Government Code Section 65869.5, where state or federal laws or regulations enacted after this Development Agreement has been entered into prevent or preclude compliance with the provisions of the Development Agreement, such provisions shall be modified or suspended as may be necessary to comply with such State or federal laws or regulations. Administrative Modifications: Minor conflicts resulting from the strict interpretation of this Agreement with the application of the Citys development regulations may be modified administratively by the City Planner. 26. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) at the address of the Project, and by registered or certified mail addressed to the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thidy days (provided that acts to cure the breach or default must be commenced within said thirty days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement or apply for such other relief as may be appropriate. After completion of the Project pursuant to the terms of this Agreement, any default may alternatively be enforced as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code. Accordingly, the following penalty is specifically included as part of this Agreement: "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Agreement. Any person, firm, partnership, or corporation violating any provision of this Agreement by failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Agreement is committed, continued or permitted by such person, firm. partnership or corporation, and shall be punishable therefore as herein." 27. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been knowingly false in any material respect when it was made; If a finding and determination is made by City following an annual review pursuant to paragraph 13 herein above, upon the basis of substantial evidence that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 34 herein above; or C= A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 34 herein above. 28. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 29. RiqhtsofLenders UnderthisAqreement. Should Developerplaceorcausetobeplacedany encumbrance or lien on the project, or any part thereof, the beneficiary ("Lender) of said encumbrance or lien, including, but not lira itad ta, mortgages, shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinaffer referred to as "the trust deed"); 167 Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and Acquire and succeed to the interest of Developer by vidue of any foreclosure sale, whether the foreclosure sate be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. The City agrees that the terms of this Agreement are subordinate to any such financing instrument and shall execute from time to time any and all documentation reasonably requested by Developer or Lender to effect such subordination. 30. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender and afford Lender the opportunity after service of the notice to: Cure the breach or default within sixty days after service of said notice, where the default can be cured by the payment of money; b= Cure the breach or default within sixty days after service of said notice, where the breach or default can be cured by something other than the payment of money and can be cured within that time; or 31. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within sixty days after said notice, provided that acts to cure the breach or default are commenced within a sixty day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. Action bv Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: a. They are commenced within sixty days after service on Lender of the notice described herein above; They are, after having been commenced, diligently pursued in the manner required by law to completion; and Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. 32. Rent Control. In consideration for the limitations herein provided, City agrees that it shall not, during the term of this Agreement, take any action, the effect of which will be to control, determine or affect the rents for those low income rental units located in the Project, except as otherwise provided in this Agreement. 33. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. Developer: Southern California Housing Development Corporation 8265 Aspen Street, Suite 100 Rancho Cucamonga, CA 91730 City of Rancho Cucamonga 10500 Civic Center DHve P.O. Box 807 Rancho Cucamonga, CA 91730 34. Attorney's Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 35. Bindinq Effect. This agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors, and assigns, wherever the context requires or admits. 36. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 37. Partial Invalidity, If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 38. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of San Bernardino. IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the effective date set forth herein above. CITY OF RANCHO CUCAMONGA Dated: By William J. Alexander, Mayor SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORP. Dated: By Rebecca Clark, Acting Executive Director ~o,'3t,00 TI,~ 14:17 FAX ~]001 LEWIS RETAIL CENTERS a division of Lewis Operating Corp, 1156 North Mountain Avenue Upland, CA 91786 Direct Line: (909)949-6702 Direct Fax: (909)931-5588 Direct Emaih gary_bauer@~ewisop.com October 3t, 2000 VIA FACSIMILE NO.: (9091 477-2847 AND U.S. MAIL Mr. Alan Warren F~oo..,clate Planner Planning Department CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, Califomia 91730 SUBJECT: City Council Hearing, Proposed General Plan Amendment Community Plan Amendment - Day Creek Road/Highland Avenue Dear Alan, A City Council headng is scheduled to be held on November 1, 2000, on a proposed General Plan Amendment and Community Plan Amendment on a parcel of land owned by Lewis Retail Centers and an adjacent parcel owned by CalTrans located at the nodheast comer of Day Creek Road and Highland Avenue in the City of Rancho Cucamonga. Please consider this a formal request to contjnue the Lewis Retail Centers portion of this hearing to the currently scheduled December 20, 2000, hearing. Lewis Retail Centers and CalTrans have discovered a cloud on the title of the parcel currently owned by CalTrans, which necessitates a correction pdor to continuing the entitlement process. We are confident that this issue will be resolved by the December 20, 2000. meeting date. Thank you for your assistance in this matter. If you have any questions or need additional information, please call me at (909) 949-6702. Sincerely. Direct~mmerdal Construction and Project Management THE CITY OF I~ANCHO CUCAMONGA Staff Report DATE: November 1, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Alan Warren, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02A - LEWIS RETAIL CENTERS - A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast comer of Day Creek Boulevard and Highland Avenue -APN: 227-351-65. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-02 - LEWIS RETAIL CENTERS - A request to change the Victoria Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast comer of Day Creek Boulevard and Highland Avenue. The City will also consider Community Plan text changes to better define the scope of Village Commercial development in the immediate area - APN: 227-351-65. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02C - CITY OF RANCHO CUCAMONGA - A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for approximately .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast comer of Day Creek Boulevard and Highland Avenue. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-03 - CITY OF RANCHO CUCAMONGA - A request to change the Victoda Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue, The City will also consider community plan text changes to better define the scope of Village Commercial development in the immediate area. RECOMMENDATION: The Planning Commission recommends approval of General Plan Amendments 00-02A, and -02C, and Victoria Community Plan Amendments 00-02 and -03, and issue a Negative Declaration of Environmental Impacts. Approval of these applications will establish a Village Commercial land use designation (as part of the Victoria Community Plan) at the northeast comer of Day Creek Boulevard and Highland Avenue. CiTY COUNCIL STAFF REPORT GPA 00 - 02A - LEWIS RETAIL CENTERS November 1,2000 Page 2 BACKGROUND: At its September 27, 2000, meeting, the Planning Commission considered the subject applications. The applications were initiated by Lewis Retail Centers and the Planning Commission to provide appropriate land use designations for a small tdangular piece of land bordered by Day Creek Boulevard, Highland Avenue and the Route 30 Freeway on-ramp. The adoption of these amendments will change the land use designations from residential to Village Commercial and permit commercial development of the site. During the pubic hearing, a neighboring resident questioned specific staff conclusions contained in Part II of the Initial Study (environmental). An upgraded analysis by staff is discussed below under Environmental Analysis. The Planning Commission concluded its public headng on September27, 2000, and adopted the above listed recommendation. Please refer to the attached Planning Commission Report of September 27, 2000, regarding analysis of the proposed applications. ENVIRONMENTAL ANALYSIS: The Initial Study has been completed. Since no development application was included with the land use proposals, the analysis focused on the broader land use issues. Environmental issues were raised dudng the Planning Commission public hearing. Specifically, certain responses in the Initial Study have been amended by staff as a result of comments from the public at the September 27, 2000, headng. Refer to Attachment "A" regarding the amended analysis. With amended analysis, staff has determined that no significant impacts would result from changing the land use designations as requested in the applications. Environmental activity issues will be analyzed when formal development proposals are submitted in the future. When specific development projects are proposed, existing environmental review requirements will be initiated to ensure adequate analysis of impacts. Any significant impacts noted will be mitigated through the City's development review process. CORRESPONDENCE: This item was advertised as a public headng in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius and expanded area of the project site. ACTION: If the City Council concurs with the recommendations of the Planning Commission, itwould be appropriate to approve the subject applications by the adoption of the attached resolutions and ordinances. City Planner BB:AW\Is Attachments: Exhibit "A" - Revised portions of Initial Study, Part II Exhibit "B" - Planning Commission Report dated September 27, 2000 Resolution Approving General Plan Amendment 00-02A Resolution Approving General Plan Amendment 00-02C Ordinance Approving Victoria Community Plan Amendment 00-02 Ordinance Approving Victoria Community Plan Amendment 00-03 AMENDMENTS TO ENVIRONMENTAL CHECKLIST, INITIAL STUDY PART II FOR GENERAL PLAN AMENDMENTS 00-02A, 02C, VICTORIA COMMUNITY PLAN AMENDMENTS 00-02 AND 03. Recommended amendments to GPA 00-02A & C Initial Study, Part II from public testimony at the September 27, 2000, meeting are as follows: In response to concorns over increased traffic, Item 1 .c should be evaluated to "less than significant impact" with the following amended comments (in bold pdnt): a)-d) The project is a request to change the land use designation for the site from Low Residential (2-4 dwelling units/acre) to Neighborhood Commercial. The area in question is a remnant parcel left over from the construction of the Route 30 Freeway and the realignment of Highland Avenue along the freeways' south side. Use of the small site, surrounded on all sides by significant vehicle traffic, for residential purposes would expose residents to high levels of traffic noise. This fact alone does not make the site compatible with the noise policies of the General Plan. The site is near an already commercially designated site on the west side of Day Creek Boulevard. The change of the subject site to commercial would be compatible with the existing commercial land to the west. The General Plan Amendment and Victoria Community Plan Amendment are the prescribed procedures for requesting land use changes. The City's design review policies and procedures will ensure that impacts from potential commercial uses will be mitigated to levels below less than significant. In response to concerns over potential water quality concems, Items 4.h should be evaluated to "less than significant impact" with the following amended comments (in bold print): h) The project will not interfere with groundwater management practices in the area because the site is not used for groundwater recharging. Impacts are possible due to the potential use of hazardous materials (automotive fuels). Safety standards for fuel storage/distribution along with monitoring programs by the Water Quality Control Board should reduce the potential impact to less than significant. In response to concerns over potential air quality concerns, Items 5.b and 5.d should be evaluated to "less than significant impact" with the following amended comments (in bold print): b,d) After the land use amendment is approved, it is the applicant's intent to propose a project to construct a vehicle fueling washing facility. This will not generate emissions that could cause climatic changes or significant levels of objectionable odors due to the development needing to comply with Air Quality Distdct regulations. Other odors could result from food preparation activities of potential restaurant uses on the site. Emission levels are not expected to exceed levels generally associated with the restaurant uses that can be expected on the neighboring commercial land. Air Quality District regulations for charcoal cooking emissions are expected to reduce the potential odors to less than significant levels for the general area, In response to concerns over potential traffic concerns, items 6.b should be evaluated to "less than significant impact" with the following amended comments (in bold print): b)-f) The future commercial development proposal will be required to meet the City's existing street development policies and no significant impacts are anticipated. Potential safety concerns of any proposed development will be mitigated with safety improvement features as may be required through the City's design review procedure. In response to concerns over potential hazard exposure, Items 9.a and 9.b should be evaluated to "less than significant .impact" with the following amended comments (in bold print): a/c-d) The site has been thoroughly regraded as a result of the freeway construction. There is no evidence of prior commercial or industrial uses. No evidence of discarded drums, containers, hazardous wastes or discolored soils has been observed. There was no indication of underground storage tanks or illegal dumping of refuse on-site. The potential for automotive fuel dispensing uses can expose the public to possible accidental discharges of hazardous materials. The safety of such facilities is a paramount issue in the standard Building and Fire Safety plan check procedures and codes. With the implementation of safety features in the construction and operation of fueling facilities, the impacts are expected to be less than significant. In response to concerns over potential need for increased public serVices, Items 11 .a and 11.b should be evaluated to "less than significant impact" with the following amended comments (in bold print): Fire and Police protection - Additional protection will be required for the new commercial activity. However, as there is a significant amount of existing commercially zoned land in the immediate area, appropriate levels of police and fire safety protection are in the public safety planning process for the entire City. The addition of t.5 acres of commercial land is not considered a significant increase to the immediate area and therefore the need for additional levels of services are not considered significant. As a result of the above listed changes, the Shod Term, Cumulative, and Substantial Adverse Findings of Significance should be evaluated as "less that significant impact" with the following amended comments: d) Any proposed commercial project on 1.5 acres would not cause substantial adverse effects on human beings, either directly or indirectly. Therefore impacts are less than significant. Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page I City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II NOTE: (changes in the text body and checklist (x) am indicated with bold print additions and ~ deletions as a result of public testimony at the 09/27/2000 Planning Commission hearing) BACKGROUND Project Files~ ~F~A 00~32A, VCPA 00-02 GPA 00-02C, VCPA 00-03 2. Related Files: Description of Project: ENVIRONMENTAL ASSESSEMENT AND GENERAL PLAN AMENDMENT 00-02A- LEWIS RETAIL CENTERS -A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for 1.244 acres, Lot 73 of Tract 15875, located at the northeast comer of Day Creek Boulevard and Highland Avenue. APN 227-351-65 ENVIRONMENTAL ASSESSEMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-02 - LEW IS RETAIL CENTERS - A request to change the Victoda Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for 1.244 acres, Lot 73 of Tract 15875, located at the northeast comer of Day Creek Boulevard and Highland Avenue. The City will also consider community plan text changes to better define the scope of Village Commercial development in the immediate area. APN 227-351 - 65 ENVIRONMENTAL ASSESSEMENT AND GENERAL PLAN AMENDMENT 00-62C -CITY OF RANCHO CUCAMONGA - A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for approximately .24 acres_adjacent to the east~side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue. ENVIRONMENTAL ASSESSEMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-03 -CITY OF RANCHO CUCAMONGA - A request to change the Victoria Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for .24 acres adjacent to the east side of Lot 73 of Tract 15875 near the northeast comer of Day Creek Boulevard and Highland Avenue. The City will also consider community plan text changes to better define the scope of Village Commercial development in the immediate area. Project Sponsors' Name and Address: Lewis Retail Centers 1156 N. Mountain Avenue Upland, CA 91785-0670 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca 91730 5. General Plan Designation: Low Residential (2-4 dwelling units/acre) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 2 6. Zoning: Victoria Community Plan, Low Residential (24 dwelling units/acre) Surrounding Land Uses and Setting: To the north there is the new Route 30 Freeway, to the east there is the continuation of Highland Avenue and the single family neighborhood of Victoda Windrows, to the south there is newly developed single family neighborhood and to the west there is new single~f_amily_ development and a vacant Village Commercial site. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Ddve .... Rancho Cucamonga, CA 91730 Contact Person and Phone Number: Alan Warren (909) 477-2750 10. Other agencies whose approval is required: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. (x) Land Use and Planning ( ) Population and Housing (x) Geological Problems ( ) Water (x) Air Quality (x) Transportation/Circulation ( ) Biological Resources ( ) Energy and Mineral Resources (x) Hazards (x) Noise (x) Mandatory Findings of Significance (x) Public Services Utilities and Service Systems Aesthetice Cultural Resources Recreation DETERMINATION On the basis of this initial evaluation: (x) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. Signed: Alan Warren Associate Planner October 2, 2000 Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 3 EVALUATION OF ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the Califomia Environmental Quality Act Guidelines, an explanation is required for all "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," and "Less Than Significant Impact" answers, including a discussion of ways to mitigate the significant effects identified. LAND USE AND PLANNING. Would the proposal.' a) Conflict with general plan designation or zoning? ( ) ( ) (x) ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with judsdiction over the project? ( ) ( ) ( ) (x) c) Be incompatible with existing land use in the vicinity?. ( ) ( ) (x) ( ) d) Disrupt or divide the physical arrangement of an established community?. ( ) ( ) (x) ( ) Comments: a)-d) The project is a request to change the land use designation for the site from Low Residential (2-4 dwelling units/acre) to Neighborhood Commercial. The area in question is a remnant parcel left over from the construction of the Route 30 Freeway and the realignment of Highland Avenue along the freeways south side. Use of the small site, surrounded on all sides by significant vehicle traffic, for residential purposes would expose residents to high levels of traffic noise. This fact alone does not make the site compatible with the noise policies of the General Plan. The site is near an already commercially designated site on the west side of Day Creek Boulevard. The change of the subject site to commercial would be compatible with the existing commercial land to the west. The General Plan Amendment and Victoda Community Plan Amendment are the prescribed procedures for requesting land use changes. The City's design review policies and procedures will ensure that impacts from potential commercial uses will be mitigated to a levels below less than significant. POPULATION AND HOUSING. Would the proposal.' a) Cumulatively exceed official regional or local population projections? ( ) ( ) ( ) (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 4 b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) ( ) ( ) (x) c) Displace existing housing, especially affordable housing? ( ) ( ) ( ) (x) Colllrllents: a) The use of the site for commercial purposes would not allow residential units and therefore not increase the population of the area. b) The project will result in residential growth potential in the immediate area. This growth is part of the expansion of the approved planned community. c) The removal of the site from the residential land inventory would only lower the anticipate housing count by no more that 5 or 6 units GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? ' c)' S~isTqniC ground failure, i~clu"di~g lic~defa~:tion? d) g) h) i) Seiche hazards? Landslides or mudflows? Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? Subsidence of the land? Expansive soils? Unique geologic or physical features? () () () () () () () () () () (x) (x) ) ) NO (X) () () (x) (x) (x) (x) (x) (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 5 Comments: a-c) No known faults pass through the site, it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault. The Red Hill Fault, or Etiwanda Avenue Fault, passes within 1 mile northwest of the site, and the Cucamonga Fault Zone lies approximately 3 miles north. These faults are both capable of producing ~ 6.0 - 7.0 earthquakes, respectively. Also, the San Jacinto Fault, capable of producing up to ~ 7.5 earthquakes is 7 miles northeast of the site and the San Andreas Fault, capable of up to ~ 8.2 earthquakes, is 12.5 miles northeast of the site. Each of these faults can produce strong ground shaking. Liquefaction could occur at the site if a strong earthquake coincided with an extended pedod of heavy rains raising the local water table. Soil type on-site and in the vicinity is Tujunga-Soboda gravelly loam. These soils are relatively stable but may be subject to liquefaction when the water table is relatively shallow. Adhedng to the Uniform Building Code will ensure that geologic impacts are less than significant. d) The site is not located near a large body of water. e) The site is relatively fiat, and it is not near any slopes vulnerable to mass-wasting events, f-h) The site is relatively fiat so grading will be minimal. Grading will even out the site and create the necessary slope gradient to allow proper site drainage and avoid erosion. Soil type on-site and in the vicinity is Tujunga gravelly loam. This soil is excessively drained, level to moderately sloping soil formed on alluvial fans. It is relatively stable but subject to liquefaction when the water table is shallow, The Building and Safety Division prior to issuance of building permits will require a soils report. New structures are required to meet current earthquake standards as required by the Uniform Building Code. The impact is not considered significant. i) The site contains no unique geologic or physical features. WATER. Will the proposal result in: a) Changes in absorption rates, drainage pattems, or the rate and amount of surface water runoff? b) d) Exposure of people or property to water related hazards such as flooding? Discharge into surface water or other alteration of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? Changes in the amount of surface water in any water body?. () () () () () () () () (x) (x) (x) (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 6 e) g) h) i) Changes in currents, or the course or direction of water movements? ( ) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability?. ( ) Altered direction or rate of flow of groundwater?. ( ) Impacts to groundwater quality?. ( ) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) NO Impad ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) (x) ( ) () () (x) Comments: a) Development with impervious surfaces will affect the rate and amount of surface water runoff. This land use amendment should not significantly affect the amount of change anticipated in previous environmental analysis of the existing land use plans. b) The site is located within the .100-year flood plain of Day Creek; however, the Day Creek Channel system is complete and provides adequate flood protection. c-e) The project site is not located near a body of water. Storm-water runoff will be conveyed to the existing public storm drain system as approved by the City Engineer, f-i) The project will not interfere with groundwater management practices in the area because the site is not used for groundwater recharging. Impacts are possible due to the potential use of hazardous materials (automotive fuels). Safety standards for fuel storage/distribution along with monitoring programs by the Water Quality Control Board should reduce the potential impact to less than significant. m AIR QUALITY. Would the proposal.' a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? ( ) ( ) (x) ( ) ( ) ( ) (x) ( ) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 7 c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) No ( ) ( ) (x) ( ) (x) ( ) Comments: a)-b) Development will affect the amount of air pollution in the general area. Due to the ~mall'size of the site, 'thisl~d use aFndndment should not significantly affect the amount of change anticipated in previous environmental analysis of the existing land use plans. b,d) After the land use amendment is approved, it is the applicanrs intent to propose a project to construct a vehicle fueling washing facility. This will not generate emissions that could cause climatic changes or significant levels of objectionable odors due to the development needing to comply with Air Quality District regulations. Other odors could result from food preparation activities of potential restaurant uses on the site. Emission levels are not expected to exceed levels generally associated with the restaurant uses that can be expected on the neighboring commercial land. Air Quality District regulations for charcoal cooking emissions are expected to reduce the potential odors to less than significant levels for the general area. m TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) ( ) b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ( ) ( ) c) Inadequate emergency access or access to nearby uses? ( ) ( ) d) Insufficient parking capacity on-site or off-site? ( ) ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) ( ) f) Conflicts with adopted policies supporting alternative transportation (e.g., bus tumouts, bicycle racks)? ( ) ( ) (x) ( ) (x) ( ) (x) (x) (x) (x) /?/ Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 8 g) Rail or air traffic impacts? ( ) ( ) ( ) (x) Comments; a) As a result of development, additional vehicle and pedestdan traffic will occur because the site is presently vacant. Similar increases would also occur if the property were to develop under the existing land use categories. No significant increase in traffic is anticipated from development under the amended land use categories. The proposed development that will be allowed under the amended land use will benefit from the already significant traffic from the freeway off ramps. No significant traffic beyond what is already anticipated from the freeway is expected as a result of the development (refer to attached traffic generation figures) b-f) The future commercial development proposal will be required to meet the City's existing street development policies and no significant impacts are anticipated. Potential safety concerns of any proposed development will be mitigated with safety improvement features through the City's design review procedure. g) No rail impacts are anticipated. The site is not adjacent to any rail line. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? ( ) ( ) ( ) (x) b) Locally designated species (e.g., heritage trees, eucalyptus windrow, etc.)? ( ) ( ) ( ) (x) c) Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? () () (X) d) Wetland habitat (e.g., marsh, dpadan, and vernal pool)? ( ) ( ) e) Wildlife dispersal or migration corridors? ( ) ( ) (X) (x) Comments: a-e) The site is has recently be altered due to the Route 30 Freeway construction. As a result, no sensitive habitat is on-site, nor any endangered spedes are expected to be evident"due to the high level of ~',onstruction work. Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 9 ENERGY AND MINERAL RESOURCES. Would the proposak a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? c) () No (x) (x) (x) Comments: a-b) The project will not conflict with any energy conservation plans nor be wasteful. c) The project site is located near the Day Creek alluvial fan, an area classified as a Mineral Resource Zone (MP, Z-2). An MRZ-2 zone contains deposits of known value and marketability. However, the State Geologist has determined that the area is not a Designated Area of available resources due to urbanization. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? Increased fire hazard in areas with flammable brush, grass, or trees? ( ) ( ) (x) ( ) ( ) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) / Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 10 Comments: a/c-d) b) The site has been thoroughly regarded as a result of the freeway construction. There is no evidence of prior commercial or industrial uses. No evidence of discarded drums, containers, hazardous wastes or discolored soils have been observed. There was no indication of underground storage tanks or illegal dumping of refuse on-site. The potential for automotive fuel dispensing uses can expose the public to possible accidental discharges of hazardous materials. The safety of such facilities is a paramount issue in the standard Building and Fire Safety plan check procedures and codes. With the implementation of safety features in the construction and operation of fueling facilities, the impacts are expected to be will be less than significant. Any future development will be required to be designed to accommodate emergency vehicles and is be accessible from two access points. e) The site is not located in a fire hazard area. 10. NOISE. Will the proposal result in: a) Increases in existing noise levels? ( ) ( ) (x) ( ) b) Exposure of people to severe noise levels? ( ) ( ) (x) ( ) Comments: a) The site is presently vacant and generates no noise levels. After development with a vehicle fueling station, noises associated with vehicle traffic is expected. This level is expected to be less than significant to the surrounding area's ambient noise levels generated pdmadly from the freeway. b) Any future commercial project will be affected by the traffic noise from the freeway. Because the freeway is elevated adjacent to the site, the levels should not be significantly severe or higher that other similady zoned property nearby. 11. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) b) Fire protection? Police protection? () () () () No (x) ( ) (x) ( ) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 11 c) d) e) Schools? Maintenance of public facilities, including roads? ( ) Other govemmental services? ( ) Potentially Significant Irapad Less Potentially Unless Than Significant Mitigation Significant () () () () () () () No (x) (x) (x) Commen~: a)-e) The project site is in an area originally zoned Low Density residential. The City of Rancho Cucamonga General Plan for services was based on the assumption this parcel would have 2-4 dwellings per acre. The projed site has since been incorporated into the Victoda Community Plan and rezoned to Village Commercial residential. At this category and small size of the site, no significant services impacts are anticipated. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project. No mitigation is required. Fire and Police protection - Fire and Police protection -Additional protection will be required for the new commercial activity. However, as there is significant amount of existing commercially zoned land in the immediate area, appropriate levels of police and fire safety protection are in the public safety planning process for the entire City. The addition of 1.5 acres of commercial land is not considered a significant increase to the immediate area and therefore the need for additional levels of services are not considered significant. Schools - The change to commercial uses from the existing residential designation will eliminate the anticipated student generation from the site. Parks - The proposed project will not increase the need for park and recreation services through the potential for increased population growth since the site will not now be developed with residential structures. Public facilities -The proposed project will incrementally increase traffic on adjacent streets. Consistent with the City of Rancho Cucamonga General Plan and Development Impact Fee Schedules adopted by the City Council the developer will pay all appropriate development impact fees. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the following utilities: a) Power or natural gas? b) Communication systems? ) ( ) ( ) (x) ) ( ) ( ) (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 12 c) d) 0 g) Local or regional water treatment or distribution facilities? ( ) Sewer or septic tanks? ( ) Storm water drainage? ( ) Solid waste disposal? ( ) Local or regional water supplies? ( ) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) Commellts: a-g) The commemial development anticipated to be built after the land use change will include a vehicle fueling and washing facility. The proposed development will extend as necessary existing systems and utilities available in the immediate area. The proposed project will not require major modifications or alterations to the existing utility systems. '13. AESTHETICS. Would the proposal.' a) Affect a scenic vista or scenic highway?. ( ) ( ) ( ) (x) b) Have a demonstrable negative aesthetic effect? ( ) ( ) ( ) (x) c) Create light or glare? ( ) ( ) ( ) (x) Commen~: a-b) The site is immediately adjacent to the above grade freeway surface. The new freeway is not designated as a scenic highway. Also, the site is immediately adjacent to the above grade freeway surface which is around 27 above the site. Any development on the site should not affect any views to the north. c) Any future project will create new light and glare as the site is currently vacant. Any development will be required to conform to the Citys parking lot lighting and sign ordinance which will require non-obtrusive lighting. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) ( ) ( ) (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 13 b) e) Disturb amhaeological resources? ( ) Affect historical or cultural resoumes? ( ) Have the potential to cause a physical change which would affect unique ethnic cultural values? ( ) Restdct existing religious or sacred uses within the potential impact area? ( ) () () () () No (x) (x) ( ) ( ) (x) ( ) ( ) (x) Comments: a-e) The site, while on an alluvial fan, and recently disturbed due to freeway censtructjon, the likelihood of finding histodcal or cultural resources is minimal and impacts are not considered significant. 15. No RECREATION. Would the proposal.' a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) ( ) ( ) (x) b) Affect existing recreational opportunities? ( ) ( ) ( ) (x) Comments: a) Any proposed commercial project should not increase the need for park and recreation services through population growth. The developer of any project will pay the appropriate fees in accordance with Development Impact Fee Schedules adopted by the City Council. b) There is no impact to existing recreational opportunities as the site and property surrounding the project area is designated for additional commercial development. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 14 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 restdct the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of Califomia history or prehistory'?. ( ) b) Short term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively bdef, definitive pedod of time. Long-term impacts will endure well into the ( ) future.) c) Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? CCumulatively 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.) ( ) d) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?. ( ) No ( ) ( ) (x) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) Commen~: a) b) The project site, recently disturbed due to freeway construction, does not contain Natural Resources as identified on Figure V-3 of the General Plan. Additionally, the site does not contain any Coastal Sage Scrub, Riversidian Alluvial Fan Sage Scrub, or Delhi-Sands flowering-loving fly habitat. No sensitive species were detected on- site and it is unlikely any will move on to the site due to the lack of natural habitat and on-going freeway construction. Dudng construction of any future development, there is the possibility of fugitive dust to be emitted from grading the site. Nonetheless, dust emissions could be sufficient to warrant the use of water or other dust palliatives at this site. Sourcos of emissions dudng this phase include exhaust emissions from construction vehicles and equipment and fugitive dust generated as a result of construction vehicles and equipment traveling over exposed surfaces. NOx and PM~o levels may be exceeded during this phase. Existing dust reduction requirements enforced by the City Building &~Saf~ty Division will reduce impacts to less than significant. Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 15 c) The developer of any residential project will be required to pay development impact fees established by the City Council, the rates of which have been set to mitigate the potential impacts to fire protection service, police protection services, parks and recreational facilities, and other governmental services to less than significant. To the extent that a project may impact utility resources provided by pdvate utility companies, potential impacts upon such services will be mitigated by payment of rates and fees set by each utility agency. d) Any proposed commercial project on 1.5 acres would not cause substantial adverse effects on human beings, either directly or indirectly. Therefore impacts are less than significant. EARLIER ANALYSES Eadier 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 eadier EIR 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 Ddve (check all that apply): (x) General Plan EIR (Certified Apdl 6, 1981) (x) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (x) Victoda Planned Community EIR (Certified May 20, 1981 ) THE CITY OF ~ANCHO CUCAMONGA Staff Report DATE: September 27, 2000 TO: Chairman and Membem of the Planning Commission ' FROM: Brad Buller, City Planner BY: Alan Warren, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02A - LEWIS RETAIL CENTERS - A request to change the land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast corner of Day Creek Boulevard and Highland Avenue - APN: 227-351-65. Related files: Victoria Community Plan Amendment 00-02, General Plan Amendment 00-02C, and Victoda Community Plan Amendment 00-03. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-02 - LEWIS RETAIL CENTERS - A request to change the land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast comer of Day Creek Boulevard and Highland Avenue. The City will also consider Community Plan text changes to better define the scope of Village Commercial development in the immediate area - APN: 227-351-65. Related files: General Plan Amendment 00-02A, General Plan Amendment 00-02C, and Victoria Community Plan Amendment 00-03. · ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02C - CITY OF RANCHO CUCAMONGA - A request to change the land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for approximately .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue. Related files: General Plan Amendment 00-02A, Victoria Community Plan Amendment 00-02, and Victoria Community Plan Amendment 00-03. |1 ITEMS G, H, I, J PLANNING COMMISSION STAFF REPORT GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 - CITY OF RC September 27, 2000 Page 2 ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-03 - CITY OF RANCHO CUCAMONGA - A request to change the land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue. The City will also consider community plan text changes to better define the scope of Village Commercial development in the immediate area. Related files: General Plan Amendment 00-02A, Victoria Community Plan Amendment 00-02, and General Plan Amendment 00-02C. PROJECT AND SITE DESCRIPTION: Surroundincl Land Use and ZoninG: North - Route 30 freeway South - Single-family housing; Low Residential in the Victoria Community Plan East - Single-family housing; Low Residential in the Victoria Community Plan West - Vacant; Village Commercial in the Victoria Community Plan General Plan DesiGnations: Project Site - Low Residential (2-4 dwelling units per acre) North - Freeway and Low Residential (2-4 dwelling units per acre) beyond South - Low Residential (2-4 dwelling units per acre) East - Low Residential (2-4 dwelling units per acre) West - Neighborhood Commemial C. Site Characteristics: The site is vacant and has recently been subject to grading operations for the Route 30 Freeway and Highland Avenue realignment construction work. ANALYSIS: General: The sites under consideration for land use change are remnant parcels which were divided off from the recent Route 30 Freeway and Highland Avenue realignment construction. The General Plan has always shown utility corridors and residential land uses east of the Day Creek Boulevard and south of the future freeway. With the realignment of Highland Avenue southerly of the new freeway, small pieces of land remain. Lewis Retail Centers has acquired a 1.244 acre site between the Highland Avenue realignment and the freeway on-ramp from Day Creek Boulevard. Also, a smaller piece owned by Cal Trans (.25 acres) borders the Lewis site on the east and has development potential. On August 9, 2000, the Planning Commission authorized staff to initiate General Plan Amendment 00-02C and Victoda Community Plan Amendment 00-03 to consider the small land use changes for the smaller site as is being proposed for the Lewis site. The Planning Commission should view the issues as the same for all the applications. Preliminary development plans shown to staff call for a gasoline station and car wash on the site. Appropriateness of Existing Land Use DesiGnations: With a total area of only about 1 ~ acres (1.244 plus .24 acres) and sandwiched in between the Highland Avenue and the future freeway, the site will be impacted from future traffic and noise. This feature alone makes the site inappropriate for any residential use. N,3 , 3- PLANNING COMMISSION STAFF REPORT GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 - CITY OF RC September 27, 2000 Page 3 Appropriateness of Proposed Desiqnation: Generally, land located near major roads offer logical sites for retail commercial activities. Village Commercial land is already designated for the southwest and northwest corners of Day Creek Boulevard and Highland Avenue. Changing the northeast corner to the same designation would simply be extending a land use pattern already planned for in the General Plan and in the Victoria Planned Community. One important aspect of commeroialization of this area is that of the community plan's intended scope and character of the future uses. The Victoria Community Plan states that the intent of the Village Commercial in this area is to serve the commercial needs of the residents of the nearby Windrows neighborhood. In this light, staff believes that this intent should be strengthened in the Community Plan text to clearly show that commemial land expansion is not being considered solely for freeway related businesses. Staff believes it is important to reinforce the original intent of the Village Commercial designation in this area with the following Victoria Community Plan text amendments (new text in bold): "Local commercial needs in the Windrows will be served by a Village Commercial Center at Highland Avenue and Day Creek Boulevard. Its location on two major arterial roads is convenient to village residents as they enter or leave the community by automobile, and is also accessible to bicycles and pedestrians via the community trail system. Any potential expansion of the Village Commercial land use area should be clearly intended to primarily serve the nearby residents. Expansion of the Village Commercial designation in this area should not be established to promote 'freeway dependent' commercial activities. The architectural theme that is used for the Village Commercial Center should draw upon the character of the older Victorian homes of the Etiwanda area for inspiration. Village Commercial development should focus on enhancing, and not detracting from the rural Etiwanda character. In this regard, commercial development should be visually non-intrusive to the nearby residential neighborhoods." Environmental Assessment: Parts I and II of the Initial Study have been completed. Staff has determined that no significant impacts would result from changing the land use designations as requested in the application. Environmental issues will need to be analyzed when formal development proposals are applied for in the future for the neighborhood commercial center. When specific development projects are proposed, existing environmental review requirements will be initiated to ensure adequate analysis of impacts. Any significant impacts noted will be mitigated through the City's development review process. Neiqhborhood Meetinq: The applicant held a Neighborhood Meeting on September 19, 2000 at the Windrows Elementary School auditorium inviting all those property owners from the expanded public headrig notification list. Four people attended and the introductory presentation by the applicant. The following opinions/questions were offered by the attendcos: The wall along Highland Avenue is continually subject to graffiti tagging. The addition of a gas statioNconvenience store will only bring more taggera to the area. The parking lot lighting will spray unwanted glare into the neighboring residential properties. /,:7 3 PLANNING COMMISSION STAFF REPORT GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 - CITY OF RC September 27, 2000 Page 4 Trash and debris will increase from potential convenience store/fast food operations and be blown into their yards. 4. The potential of beer and wine sales from a convenience store is not an acceptable adjacent activity. The additional traffic generated by a gas statioNconvenience store will add to an already unacceptable noise levels caused by the realignment of Highland Avenue. If a commemial development were to be developed, would the applicant be required to raise the perimeter track wall to mitigate the noise and glare? 7. The community does not need additional commercial development in the area. If a commercial development was built with numerous conditions prohibiting certain activities, hours of operation, etc., it would be difficult for the City's Code Enforcement staff to constantly monitor the situation in order to make the operation acceptable to neighboring residents. The residents suggested the site could better be used for the following uses: day care/nursery school site, open space landscape area, church, or a public facility. 10. The construction of a pole sign for any user trying to get freeway travelers for their business was a serious concern. It was stated that the site would be frequented by freeway travelers more than local residents, Planning staff responded to questions about the potential uses that could be permitted in the Village Commercial distdct and on how the Design Review process would address site development concerns. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev DaiIv ,Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius and expanded area of!he project site. RECOMMENDATION: Staff recommends the approval of General Plan Amendment 00-02A, Victoria Community Plan Amendment 00-02, General Plan Amendment 00-02C, and Victoria Community Plan Amendment 00-03 by the adoption of the attached Resolutions. All the items, with Planning Commission recommendations, will be forwarded to the City Council for final action. Respectfully submitted, Brad Buller City Planner BB:AW:mlg /'J "/ PLANNING COMMISSION STAFF REPORT GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 - CITY OF RC September 27, 2000 Page 5 Attachments: Exhibit "A" - General Plan Land Use Map Exhibit "B" - Victoria Community Plan Map Exhibit "C" - Applicanrs Letter of Justification Exhibit "D" - Initial Study Resolution Recommending Approval of General Plan Amendment 00-02A Resolution Recommending Approval of General Plan Amendment 00-02C Resolution Recommending Approval of Victoda Community Plan Amendment 00-02 Resolution Recommending Approval of Victoria Community Plan Amendment 00-03 .Z 5 m x ~ GPA 00-02A & -02C Existing General Plan Land Use Route 30 Fwy. = GPA 00-02A & 02C future neighborhood commercial site Neighborhood Commercial Site new single-family neighborhood hland Ave. m Q Application Site GP Land Use Designations ~ FLOOD CONTROL I UTILITY CORRIDOR ~ LOW ~ LOW MEDIUM ~ NEIGHBORHOOD COMMERCIAL ~ OFFICE :::::::: OPEN SPACE :::: VERY LOW N no scale FR VCPA 00-02 & -03 Existing Zoni ~g Designations ,:~ Route 30 Fwy. · VCPA 00-02 & -03 ~ ..... . co'%%~;.~',;~".;, ';""': :~: ::~;:~ ............................... ............................... Hi.qh..!a,_d. AVe.. new single-family ooooooooo~ooo~ neighborhood V.CP ~ Application Site Zoning Designations ~ FLOOD CONTROL I UTILITY CORRIDOR ~ LOW ~ LOW MEDIUM ~o°~ VIILLAGE COMMERCIAL ~ REGIONAL RELATED ~ OPEN SPACE ~ VERY LOW N no scale JUSTIFICATION IN SUPPORT OF APPLICATION FOR A GENERAL PLAN AMENDMENT AND COMMUNITY PLAN AMENDMENT CITY OF RANCHO CUCAMONGA, CALIFORNIA SUBMITTED BY LEWIS RETAIL CENTERS July 15, 2000 Revised August 17, 2000 Project Description Lewis Retail Centers, project applicant, is requesting approval of a General.Plan Amendment and Commtmity Plan Amendment for a 1.244 acre site located at the northeast comer of Highland Avenue and Day Creek Boirlevard in the City of Rancho Cucamonga. This application is for land use entitlement only; appropriate applications to permit development of a specific project on the site will be submitted pursuant to the approval by the City of the General Plan Amendment and Community Plan Amendment. Lewis Retail Centers currently owns the 1.244 acre site proposed for development described as Site A on the attached Site Plan Map: The proposed development project will include the use of an adjacent .235 acre property, currently owned by CalTrans and described as Site B on the attached Site Plan Map, which Lewis intends to acquire and make a part of the overall project. The application submitted by Lewis Retail Centers iS intended for processing concurrently with a City initiated application to amend the.General Plan and Community Plan land use designation for th~ adjacent CalTrans property. The CalTrans property was originally acquired for consla-u~tion of the Route 30 Freeway. Based upon the final design of the Route 30 Freeway, CalTrans determined that the site is no longer needed for freeway right of way purposes. Lewis Retail Centers proposes to acquire the CalTrans"property as part of the overall commercial development project proposed on the adjacent property addressed by this application. The project site owned by Lewis Retail Centers has a General Plan land use designation of Low/Medium Residential and is located within the Victoria Community Plan, which designates the site for Low Density Residential development. Due to the size and irregular configuration of the project site resulting from the final alignment of the Route 30 freeway, development of the site for residential purposes is physically and economically infeasible. Development of a small commercial center to include convenience retail and/or automotive service station uses is a viable use of the site. The applicant is requesting approval of a General Plan Amendraent changing the General Plan land use designation for the site from Residential to Neighborhood Commercial and a Community Plan Amendment changing the land use plan and zoning for the site from Low Density Residential to Village Commercial. While a definitive development program and user for the site have not yet been identified, the applicant anticipates that development of an automotive service station with a convenience retail center and car wash is a viable use for the site. The attached conceptual site plan was prepared in order to evaluate the potential for development of an automotive service station with a convenience store and car wash. The final development program potentially could include a drive-through restaurant in addition to the convenience retail and service station uses. ff th(City approves the proposed General Plan-Amendment and Community Plan Amendment, developmen~f~tie'p~ject site with the commerciaVt~s described above will require approval of .Exhibit "C" 7, 3' a conditional use permit and design review. Pursuant to obtaining approval of the General Plan Amendment and Community Plan Amendment, the applicant will identify a specific development program and submit a detailed site plan and architectural drawings in conformance with the adopted development standards for each proposed use as part of an application for a conditional use permit and design review. The applicant has met with the City' s Engineering Division to review the conceptual site plan to identify any potential access issues to be addressed as part of an application for development of the site. The City' s Engineering Division identified the need to re-stripe Highland Avenue in order to provide for adequate vehicular ingress and egress to the project site. A striping plan for Highland Avenue will be submitted for the City' s review as part of an application for a conditional use permit and design review. Development of the project will require approval of the following entitlements: General Plan Amendment The project will require an amendment to the City's General Plan changing the land use designation fxom Low/Medium Residential Density to Neighborhood Commercial. Amendment to the Victoria Community Plan The applicant is proposing a Community Plan Amendment to the Victoria Community Plan to change the zoning designation fi'om Low Density Residential to Village Commercial. Conditional Use Permit/Design Review Approval of a conditional use permit and design review will bc required for devclopment of an automotive service station, car wash, convenience store, and/or fast food restaurant. Pursuant to approval by the City of the application for a General Plan Amendment and Community Plan Amendment the applicant will submit appropriate applications to the City for a conditional use permit and design review. SITE PLAN MAP VACANT "ILl / UNDER /'~\CONSTR. / '%, Rou~ \ \ !' / VACANT (VILLAGE COMMERCIAL) VAC~ jCTION NT rh 3O $rrE'~- / \ / .\ /~ -,/ I .. :~-. i~ , \ VACANT I,,z:,,:2 \/('VILLAGEI[l:lSFD ~ i ~ ~.T ~oMMERc, AL)~ u'O'R'~., ~ "'./ /.: F__---,/-/,/, ,T'/O ZONE BOUNDARY LIigl,V'IS RETAIL CEN'rId, RS GENERAL PLAN ~MENT COMMUNi'i'Y PLAN ~MENT ,,l,,,,,, f ~ ~ REV. 8/17/00 C~Y of Rancho Cucamo~ga plannen~ DNision (909) 477.2750 ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) 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 Rule~ and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. 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 w~ll not be available to pedorm work required to previde missing information. App~cation Number for the project 'to which this form pertains: Gene)'~l Plan Amendment O0-02~and Victoria Community Pl:an Amendment 00-02 Project Title: Name & Address of project owner(s): Lewis Retail Centers 115'6 N. Mountain Avenue Upland, CA 91785 Name & Address of developer or pmject sponson Levers Retai'l Centers 1156 N. Mountai'n Avenue Upland, CA 91785-0670 ContactPe~on & Address: Gary Bauer, Director Commerctal Construction & Project Management 1156 N. Mountafn Avenue Upland, CA 91785-0670 i:~pLANNING~FINAL~ORMS~COUNTERUNITSTD1.VVPD 3/00 // Page 1 Name & Address of pe~on preparing th~ ~n'n ~ d~emnt from abo~): L.D. King, Inc. ~!51 Convention Center Way, Suite 100 Debby Linn Ontario, CA 91764-4464 Telephone Numben C909) 937-0200 pROJECT INFORMATION & DESCRIPTION: Information indicated by asterisk (°) is not required of non-construction CUP=s un. less otherwise requested by staff. '1) Provide a full scale (8-1/2 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 which show mprasentative views into the site from the north, south, east and west; views into and from the site fn~n the prima~y access points which se~'~'the site; and representative views of significant features from the site. Include a map ahowing location of each photograph. 3) pmjectLocation(descrihe): ' N/E Corner of Day Creek Blvd. and Highland Avenue in the Ci'ty of Rancho Cucamong~:' 4) Assessor-s Pamel Numbers (attach additional sheet if 227-351-65 '5) Gross Site Area (ac/sq. ft.): 1.244 Acres '6) Net Site Area (total site size minus area of public streets-& proposed dedications): ~t. 244 Acres 7)Describeanyproposedgeneralplan amendmentorzone change whichwould affectthe pmje~ site(attachadditionalsheet ifnecessa~: - See Attacffi.ed i:~pLANNING~FINAL~FORMS~COUNTERMNITSTD1 .WPD 3/00 . . Page 2 ' f ?/. · . 8) Include a desc~ption of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: General Plan Amendment, Cm~n~ni'ty Plan Amendment, Conditional Use Permit and Design Review. See attached for further information ~Desc~be the phy~cal seffing of the ~te as It exits bebm the project incbding ~brmalion on topograph~ sot? ~abillty, ~ants and animaL, mature trees, tm~ and roads, dra~age coupes, and sce~c aspens. Describe any ex~b~g structures on site (including age and ccndition) and the use of the structures. Affach photographs d ~gnificant ba~ras desc~bed. ~ addition, site all sources of information ~.e., 9eolog~al an~or hydmlog~ stud~s, b~lic and amheological su~eys, traffic studiO:, The project s~te ~s a gently sloping site, sloping from north to south. The site is cBrrently uti'l~zed ~y Caltrans as a construction staging area and contains -stoc~piqes~sand~gravel,-and-other-cons~puction materials used~or the~construc~' tion of the Route 30.free~a~, The s~te contains no existing trees or other plant materials w~tb t~e excepti'en of weedli'ke plants. Highland Avenue, 9ervfng the project site, is improved to the ul timate right of way. 'The intersectfon of Day Cree~ Blvd, and Bigbland Ave,.issignalized. Day Creek Blvd. serving tffie project si'te w~ll be completed north of ~ighland Ave, to the ultimate ~gh~ of ~ay ~t t~e t~me ef completl'on of Route 30. 1 O) Describe the .known cultural and/or historical aspects of the site. Site all sources of informalion (books, published reports and. oral history): No ~nown ~rceo3.ogk~l l'eSeurces ExiSt '~n the sl'te. A cultural resources report was p~ep~red as paFt ef t~e Environmental Ilnpact Report certified by the City in support of ~ener~l plan Amendments 'g6~O3B and g7-01 and Victoria Conmnunity Plan.amendments 9.6~01 ~nd g7~(11, ~i.~c~ ~cl~de t~.e project si'te. F/, / , sT i:'~c, LANNiNG~INAL'%FORMS~COUNTER%INITSTD1 .'WPD 3/00 Page 3 .../~...~. S '11) Describe any noise sources and their levels that now affect the site (aimtaft, roadway noise, etc.) and how fhey will affect proposed uses: The project site is currently affected by traffic noise generated from traffic along Highland Avenue, t~ith the completion'a~id~use .o~;}Route 30 and Day Creek Blvd. the site will be further affected by traffic noise. Tiiese existing and future noise sources will not affect the use of the site for commercial purposes, 12) Desaibe the proposed project in detalt. This should provide an adequate descfip~on of the site in terms d ultimate use which - will resu~ frorn-thepreposedpmject. Indicate if there are proposed phases for development, the exten~of developmenrto occur with each phase, and the anticipated completion of each incremenL Attach additional sheet(s) if necessary: See Attached 13)Describe the sunounding pmperb'es, including infon'nation 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, aparbnent houses, shops, department stores, etc.) and scale of development (height, frontage, setback, rearyah:l, etc:): The site i's bounded I~y si'ng3e famtly resl'denta~l. uses on the s6uth and sout~heast, .future single famtly uses. on the south, future' Route 30 freeway on ~he north, and future comme~ctal uses en the west. 14) Will the proposed project change the pattern, scale or character of the surrounding general area of the project? The pl~0posed project t~' compat~b~le ~ftri the pattern, scale and character of the surrounding area as estal~l~'sl~ed ~'n the ~/fcteri'a Communit~ Plan. /, :~PLANNING%FINAL~FORMS~COUNTER~INITSTD1 .VVPD 3/00 Page 4 15) Indicate the type of shod-term and/ong-term noise to be generated, including soume and amount. How v~ll these noise levels affect adjacent properties and en-site uses. What methnds of sound pmo~ng am ProPosed? A future con~nercial development on the site will generate traffic noise; however, noise levels should not exceed those generated from traffic along Highland Ave., Day Creek Blvd,, arid Route 30, 51~ort t~nn and long term noise levels ~vi11 be · evaluated as part of the review of a Conditi.o~al Use' Permit for the development of the pro3ect, '16) Indicate proposed removals and/or replacements of mature or scenic trees: There are no mature or sceniZc trees on the project site. 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: 5term water from the si'te drains into existing drain connections to Day Creek Channel, 18) lndicate expected arnount of water usage. (See Attachment A for usage estiroates). For further da~catlon. please contact the Cucamonga County Water District at 987-2591. a. Residential (gallday) Peak use (gallDay) b. Cornrnemia~Ind. (ga~/day/ac) See Attacf~ed Peak use (ga~/min/ac) 19)lndicate proposed method of sewage disPosal. Septic Tank Sewer. If septlo tanks are proposed, afiach peruelation tests. If dischange 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 County Water Dist~ct at 987- 2591. a. Residential (gaYday) b. ComrnerciaYlnd. (gal/day/ac, See Attac~ed RESIDENTIAL PROJECTS: 20) Number of residential units: Detached (indicate range of parcel sizes, minimum lot size and maximum lot · size: I, I:~pLANNINGU:INADFORMS~COUNTERUNITSTD1 .VVPD 3/00 Page Attached (indicate whether units am rental or for sale units): 21) Anticipa ted range of sale p~fces and/or rents: Sale Price(s) $ to $ Rent (per month) $ to · $ 22) Specify number of bedrooms by unit type: 23) Indicate antidpated household size by unit type: 24)Indicate the expected number of school children who will be residing within the project: Contact the approp~ate School Districts as shown in AttaChment B: a. Elementary: b. Junior High: Senior High ;OMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional uses: See Attached 26) Total floor area of commercial, industrial, or institutional uses by type: See Atti~ched PLANNINGU=INAL'~F~)RMS~COUNTERUNffSTD1 .'WPD 3/00 27) Indicate hours d operation: See Attached 28) Number of Total: employees: SeeAttached Maximum Shift: Time of Maximum Shift: 29)Provide breakdown of anticipated job classifications, including wage and salary ranges, as weft as an indication of the rate of him for each classification (attach additional sheet if necessary): See Attached 30) Estimation of the number of workers to be hired that currenUy ms~de in the City: See Attached '31)For comrnemial and industrial uses only, indicate the source, type and amount of airpollution emissions. (Data should be verified through the South Coast Air Qua~ty Management Dist~ct, at (818) 572-6283): See Attached ALL PROJECTS 32)Havethewater~sewer~m~and~dcontm~agendessetvingthepr~jectbeenc~nt~ctedt~determine~eirabi~i~yt~pmv~de adequateseNicetothepmPosedpmject? Ifso, p~ase ~ca~the~msponse. See Attached I:~pLANNiNG%F|NAL%FORMS%COUNTERUNITSTD1 .WPD 3/00 page T :..,(-~--~ ' ' In lhe known hisloP/of this property. has them been any use. storage, or discharge of hazarUous and/or Ioxic ma[erials? 33) Examples of hazan~ous and/or toxic materials include, but am not limited to PCB~s; radioactive substances; pesticides and herbicides; fuels, dis, sdvents, and other fiammable liquids and gases. Also note undergmued storage of any of the above. Please list the materials and describe their use, storage, end/or discharge on the propen'y, as well as the dates of use, if known. There i's no known histOrJ/of use of the site for storage or discharge of hazardous and/or toxi'c mater~'als. In .the event Caltrans has stored or discharged hazardous and/or to×i'c suDstances on the site, the site conditions will be remediated by Caltrans i'n accordance wi'th local and state requirements prior to transfer of tl'tle to't~e applicant · 34) t~ll the proposed project involve the temporaP/ or long-term use, storage or discharge of hazan~ous and/or toxic materials. including but not limited to those examples listed above? If yes, provide an inventop/ of all such materials to he used and proposed method of disposal The location of such uses, along v~th the storage and shipment areas, shall he shown and labeled on the applicaUon plans. The proposed applicate,ion for ]and use entitlement for the projec~ site does' not inyo3ve the temporary. 0f long tem use, storage, .or di'scharge of hazardous and/or toxic materials. ' hereby ceftj~ that the statements furnished above and in the attached exhibits present the data and information required for adequate .~valuaUon of this project to the best of my ability, that the facts, statements, and information presented am true and conect tot he best ~( my knowledge and belief. I fudher understand that additional informa~on may be required to be submitted before an adequate ;valuation can be made by the City of Rancho Cucamonga. / ',u .,r,u c :~pLANNiNG~FINAL~FORMS~COUNTER~INITSTD1 .VVPD 3/00 ATTACHMENT TO ENVIRONMENTAL INFORMATION FORM (Part I-Initial Study) Response to Ouestions 7 and 12 Lewis Retail Centers, project applicant, is requesting approval of a General Plan Amendment and Community Plan Amendment for a 1.244 acre site located at the northeast corner of Highland Avenue and Day Creek Boulevard in the City of Rancho Cucamonga. This application is for land use entitlement only; appropriate applications to permit development of a specific project on the site will be submitted pursuant to the approval by the City of the General Plan Amendment and Community Plan Amendment. Lewis Retail Centers currently owns the 1.244 acre site proposed for development described as Site A on the attached Site Plan Map. The proposed development project will include the use of an adjacent .235 acre property, currently owned by CalTrans and described as Site B on the attached Site Plan Map, which Lewis intends to acquire and make a part of the overall project. The application submitted by Lewis Retail Centers is intended for processing concurrently with a City initiated application to amend the General Plan and Community Plan land use designation for the adjacent CulTruns property. The CulTruns property was originally acquired for construction of the Route 30 Freeway. Based upon the final design of the Route 30 Freeway, CalTrans determined that the site is no longer needed for freeway right of way purposes. Lewis Retail Centers proposes to acquire the CulTruns property as part of the overall commercial development project proposed for the adjacent property addressed by this application. The project site owned by Lewis Retail Centers has a General Plan land use designation of Low/Medium Residential and is located within the Victoria Community Plan, which designates the site for Low Density Residential development. Due to the size and irregular configuration of the project site resulting from the final alignment of the Route 30 freeway, development of the site for residential purposes is physically and economically irkfeasible. Development of a small commercial center to include convenience retail and/or automotive service station uses is a viable use of the site. The applicant is requesting approval of a General Plan Amendment changing the General Plan land use designation for the site from Residential to Neighborhood Commercial and a Community Plan Amendment changing the land use plan and zoning for the site from Low Density Residential to Village Commercial. While a definitive development program and user for the site have not yet been identified, the applicant anticipates that development of an automotive service station with a convenience retail center and car wash is a viable use for the site. The attached conceptual site plan was prepared in order to evaluate the potential for development of an automotive service station with a convenience store and car wash. The final development program potentially could include a drive-through restaurant in addition to the convenience retail and service station uses. If the City approves the proposed General Plan Amendment and Community Plan Amendment, development of the project site with the commercial uses described above will require approval of a conditional use permit and design review. Pursuant to obtaining approval of the General Plan Amendment and Community Plan Amendment, the applicant will identify a specific development program and submit a detailed site plan and architectural drawings in conformante with the adopted development standards for each proposed use as part of an application for a conditional use permit and design review. The applicant has met with the City' s Engineering Division to review the conceptual site plan to idcnfify any potential access issues to bc addressed with the submittal of a development plan application. The City's Engineering Division identified the need to re-stripe Highland Avenue in order to provide for adequate vehicular ingress and egress to the project site. A striping plan for 'Highland Avenue will be submitted for City review as part of an application for a conditional use permit and design review. Resnonse to Ouestion 18 Expected amount of water usage will be identified pursuant to identification of a specific development project for the site at a later date. This information will be included in future app!i~itions for development permits'in~lhding th(i~itial stud~, f61i(completed as part of a conditional use permit application. Response to Ouestion 19 Any future development project proposed for the project site will include the use of sewer as the method of sewage disposal. Information regarding daily sewage generation for the proposed project will be provided as part of future applications for development permits including the initial study prepared in support of a conditional use permit application. Response to Ouestions 25 through 30 At the time that a specific development program and a user are identified for the project site, an application for a conditional use permit and design review will be submitted to the City. This application will include information on the type of use and major functions of the commercial use, the hours of operation, number and shit~s of employees, a breakdown of anticipated job classifications, and an estimate of the number of workers to be hired that will reside in the City. Response to Ouestion 31 At the time that a specific development program has been identified for the project site, an application for a conditional use permit will be submitted to the City accompanied by the City' s Environmental Information Form. As part of this application, information on the source, type, and amount of air pollution emissions will be verified through the South Coast Air Quality Management District per each use proposed for the site and included in the application to the City. Resnonse to Ouestion 32 The enclosed application is for land use entitlements. Approval if this application will require the submittal of an application for a conditional use permit in order to develop a project on the site. A specific development program has not yet been identified, and for this reason, agencies providing water, sewer, fire, and flood control to the project site have not yet been contacted to determine their ability to provide adequate service to the site. Once uses and square footages for each me proposed for development have been identified, these agencies will be contacted and their response included in a conditional use permit application for development of the proposed project. City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND Project Files: General Plan Amendment 00-02A, Victoria Community Plan Amendment 00-02, General Plan Amendment 00-02C, and Victoria Community Plan Amendment 00-03 Related Files: Description of Project: GENERAL PLAN AMENDMENT 00-02A - LEWIS RETAIL CENTERS - A request to change the land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commemial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast corner of Day Creek BOulevard and Highland Avenue - APN: 227-351-65. VICTORIA COMMUNITY PLAN AMENDMENT 00-02 - LEWIS RETAIL CENTERS - A request to change the land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast corner of Day Creek Boulevard and Highland Avenue. The City will also consider Community Plan text changes to better define the scope of Village Commercial development in the immediate area - APN: 227-351-65. GENERAL PLAN AMENDMENT 00-02C - CITY OF RANCHO CUCAMONGA - A request to change the land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for approximately .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast comer of Day Creek Boulevard and Highland Avenue. VICTORIA COMMUNITY PLAN AMENDMENT 00-03 - CITY OF RANCHO CUCAMONGA - A request to change the land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue. The City will also consider community plan text changes to better define the scope of Village Commercial development in the immediate area. Project Sponsors' Name and Address: Lewis Retail Centers 1156 N. Mountain Avenue Upland, CA 91785-0670 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 General Plan Designation: Low Residential (2-4 dwelling units per acre) Zoning: Victoria Community Plan, Low Residential (2-4 dwelling units per acre) Surrounding Land Uses and Setting: To the north is the new Route 30 Freeway, to the east is the continuation of Highland Avenue and the single family neighborhood of Victoria Windrows, to the south is newly developed single family neighborhood, and to the west is new single family development and a vacant Village Commercial site. /-t, /, z Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 2 Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Ddve Rancho Cucamonga, CA 91730 Contact Person and Phone Number: Alan Warren (909) 477-2750 10o Other agencies whose approval is required: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. (x) Land Use and Planning ( ) Population and Housing (x) Geological Problems ( ) Water (x) Air Quality (x) TransportatioNCirculation ( ) Biological Resources ( ) Energy and Mineral Resources ( ) Hazards (x) Noise ( ) Mandatory Findings of Significance ( ) Public Services ( ) Utilities and Service Systems ( ) Aesthetics ( ) Cultural Resources ( ) Recreation DETERMINATION On the basis of this initial evaluation: (x) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. Signed: Associate Planner August 23, 2000 EVALUATION OF ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, an explanation is required-for-all"Potentially-Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," and -"Less-Than Significant Impact" answers,-including a discussion of ways to mitigate the significant effects identified. / Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 3 Pe~enfielly S~gnificant Potentjelly Unless Than Sg~rmant MlUgatio. Si0nmcant Impact mcorpormed ~mpact NO LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ( ) ( ) (x) ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) ( ) ( ) (x) c) Be incompatible with existing land use in the vicinity?. ( ) ( ) ( ) (x) d) Disrupt or divide the physical arrangement of an established community? ( ) ( ) (x) ( ) Commerlts; a-d) The project is a request to change the land use designation for the site from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial. The area in question is a remnant parcel left over from the construction of the Route 30 Freeway and the realignment of Highland Avenue along the freeways south side. Use of the small site, surrounded on all sides by significant vehicle traffic, for residential purposes would expose residents to high levels of traffic noise. This fact alone does not make the site compatible with the noise policies of the General Plan. The site is near an already commercially designated site on the west side of Day Creek Boulevard. The change of the subject site to commercial would be compatible with the existing commercial land to the west. The General Plan Amendment and Victoda Community Plan Amendment are the prescribed procedures for requesting land use changes. POPULATION AND HOUSING. Would the proposal.' a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? e) Displace existing housing, especially affordable housing? ( ) ( ) ( )- (x) ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 4 Comments: a) The use of the site for commercial purposes would not allow residential units and therefore not increase the population of the area. b) The project will result in residential growth potential in the immediate area. This growth is part of the expansion of the appreved planned community. _c) .... _The .removal of the site from the residential land inventory would only lower the anticipated housing count by no more that 5 or 6 units GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) b) c) d) e) f) g) h) i) Fault rupture? ( ) ( ) ( ) (x) Seismic ground shaking? ( ) ( ) (x) ( ) Seismic ground failure, including liquefaction? ( ) ( ) (x) ( ) Seiche hazards? ( ) ( ) ( ) (x) Landslides or mudflows? ( ) ( ) ( ) (x) Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? ( ) ( ) ( ) (x) Subsidence of the land? ( ) ( ) ( ) (x) Expansive soils? ( ) ( ) ( ) (x) Unique geologic or physical features? ( ) ( ) ( ) (x) Comments: a-c) No known faults pass through the site, it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault. The Red Hill Fault, or Etiwanda Avenue Fault, passes within 1 mile northwest of the site, and the Cucamonga Fault Zone lies approximately 3 miles north. These faults are both capable of producing rv~ 6.0 - 7.0 earthquakes, respectively. Also, the San Jacinto Fault, capable of producing up to Mw7.5 earthquakes, is 7 miles northeast of the site and the San Andreas Fault, capable of up to M. 8.2 earthquakes, is 12.5 miles northeast of the site. Each of these faults can produce strong ground shaking. Liquefaction could occur at the site if a strong earthquake coincided with an extended pedod of heavy rains raising the local water table. Soil type on-site and in the vicinity is Tujunga- Soboda gravelly loam. These soils are relatively stable but may be subject to liquefaction when the water table is relatively shallow. Adhedng to the Uniform Building Code will ensure that geologi~impacts~are4ess than~ignificant. - d) The site is not located near a large body of water. Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 5 e) The site is relatively fiat, and it is not near any slopes vulnerable to mass-wasting events. f-h) The site is relatively flat, so grading will be minimal. Grading will even out the site and create the necessary slope gradient to allow proper site drainage and avoid erosion. Soil type on-site and in the vicinity is Tujunga gravelly loam. This soil is excessively drained, level to moderately sloping soil formed on alluvial fans. It is relatively stable but subject to liquefaction when the water table is shallow. prior to issuance of building permits, the Building and Safety Division will require a soils report. New structures are required to meet current earthquake standards as required by the Uniform Building Code. The impact is not considered significant. i) The site contains no unique geologic or physical features. WATER. Will the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? b) d) g) h) i) Exposure of people or property to water related hazards such as flooding? Discharge into surface water or other alteration of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? Changes in the amount of surface water in any water body?. Changes in currents, or the course or direction of water movements? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? Altered direction or rate of flow of groundwater? Impacts to groundwater quality?. Substantial reduction in the amount of 'groundwater otherwise available for public Water supplies? ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) () ( () ( () ( () (x) (x) (x) (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 6 Comments: a) Development with impervious surfaces will affect the rate and amount of surface water runoff. This land use amendment should not significantly affect the amount of change anticipated in previous environmental analysis of the existing land use plans. b) The site is located within the 100-year flood plain of Day Creek; however, the Day Creek Channel system is complete and provides adequate flood protection. c-e) The project site is not located near a body of water. Storm-water runoff will be conveyed to the existing public storm drain system as appmved by the City Engineer. f-i) The project will not interfere with groundwater management practices in the area because the site is not used for groundwater recharging. AIR QUALITY. Would the proposal: a). Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) ( ) (x) ( ) b) Expose sensitive receptors to pollutants? ( ) ( ) ( ) (x) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) ( ) ( ) (x) d) Create objectionable odors? ( ) ( ) ( ) (x) Co~men~: a-b) Development will affect the amount of air pollution in the general area. Because of the small size of the site, this land use amendment should not significantly affect the amount of change anticipated in previous environmental analysis of the existing land use plans. c-d) After the land use amendment is approved, it is the applicant's intent to propose a project to construct a vehicle fueling washing facility. This will not generate emissions that could cause climatic changes or objectionable odors due to the development needing to comply with Air Quality District regulations, TRANSP_QRTA'rlQNICIRCULATION._ .W. ould the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) No ( ) (x) ( ) Initial Study for City of Rancho Cucamonga GPA O0-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 7 b) c) d) g) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g, farm equipment)? Inadequate emergency access or access to nearby Uses? Insufficient parking capacity on-site or off-site? Hazards or barriers for pedestrians or bicyciists? Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Rail or air traffic impacts? () () () () () () () () () () () () () (X) (X) (x) (x) (X) (x) a) As a result of development, additional vehicle and pedestdan traffic will occur because the site is presently vacant. Similar increases would also occur if the property were to develop under the existing land use categories. No significant increase in traffic is anticipated from development under the amended land use categodes. The proposed development that will be allowed under the amended land use will benefit from the already significant traffic from the freeway off ramps. No significant traffic, beyond what is already anticipated from the freeway, is expected as a result of the development. b-f) The future commercial development proposal will be required to meet the City's existing street development policies and no significant impacts are anticipated. g) No rail impacts are anticipated. The site is not adjacent to any rail line. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees, eucalyptus windrow, etc.)? c) Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? () () () () ( () () () () (X) (x) (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 8 No d) Wetland habitat (e.g., marsh, riparian, and vemal pool)? ( ) ( ) ( ) (x) e) Wildlife dispersal or migration corridors? ( ) ( ) ( ) (x) Comments: a-e) The site is has recently been altered due to the Route 30 Freeway construction. As a result, no sensitive habitat is on-site, nor are any endangered species expected to be evident due to the high level of construction work. ENERGY AND MINERAL RESOURCES, Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner?. c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? () () () () () () (x) (x) (x) Commen~: a-b) The project will not conflict with any energy conservation plans nor be wasteful. c) The project site is located near the Day Creek alluvial fan, an area classified as a Mineral Resource Zone (MRZ-2). An MRZ-2 zone contains deposits of known value and marketability. However, the State Geologist has determined that the area is not a Designated Area of available resources due to urbanization. HAZARDS. Would the proposal involve: a)- - -A risk-of-accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? ( ) ( ) ( ) (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 9 b) Possible interference with an emergency response plan or emergency evacuation plan? The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? Increased fire hazard in areas with flammable brush, grass, or trees? ( ) ( ) ( ) (x) Comments: a, c-d) The site has been thoroughly re-graded as a result of the freeway construction. There is no evidence of prior commercial or industrial uses. No evidence of discarded drums, containers, hazardous wastes, or discolored soils have been observed. There was no indication of underground storage tanks or illegal dumping of refuse on-site. b) Any future development will be required to be designed to accommodate emergency vehicles and is be accessible from two access points. e) The site is not located in a fire hazard area. 10. NOISE. Will the proposal resu~ in: a) Increases in existing noise levels? ( ) ( ) (x) ( ) b) Exposure of people to severe noise levels? ( ) ( ) (x) ( ) Comments: a) The site is presently vacant and generates no noise levels. After development with a vehicle fueling station, noises associated with vehicle traffic is expected. This level is expected to be less than significant due to the surrounding area's ambient noise levels generated pdmadly from the freeway. b) Any future commercial project will be affected by the traffic noise from the freeway. Because the freeway is elevated adjacent to the site, the levels should not be significantly severe or higher that other similarly zoned property nearby. Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 10 11. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government sen/ices in any of the following areas: a) b) c) d) e) Fire protection? ( ) Police protection? ( ) Schools? ( ) Maintenance Of public facilities, inciuding roads? '( )' Other governmental services? ( ) No ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) Comments: a-e) The project site is in an area originally zoned Low Density residential. The City of Rancho Cucamonga General Plan for services was based on the assumption this parcel would have 2-4 dwellings per acre. The project site has since been incorporated into the Victoria Community Plan and rezoned to Village Commercial residential. At this category and small size of the site, no significant services impacts area anticipated. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project. No mitigation is required. Fire and Police protection - Additional protection wilt be required for the new commercial activity. However, as the project requires fewer resources than are accommodated within the General Plan, the impact is less than significant. Schools -The change to commercial uses from the existing residential designation will eliminate the anticipated student generation from the site. Parks - The proposed project will not increase the need for park and recreation services through the potential for increased population growth since the site will not now be developed with residential structures. Public facilities -The proposed project will incrementally increase traffic on adjacent streets. Consistent with the City of Rancho Cucamonga General Plan and Development Impact Fee Schedules adopted by the City Council, the developer will pay all appropriate development impact fees. 12. UTILITIES AND SERVICE SYSTEMS. Would the -proposal-result in a-need for new systems or supplies or substantial alterations to the following utilities: a> Power or .at. re, gas? , //, /, ,,T () () (x) Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 11 No b) Communication systems? () ( ) (x) c) d) f) g) Local or regional water treatment or distribution facilities? Sewer or septic tanks? Storm water drainage? Solid waste disposal? Local or regional water supplies? () () () () () ( ) (x) ( ) (x) ( ) (x) ( ) (x) ( ) (x) Commefits,' a-g) The commemial development anticipated to be built after the land use change will include a vehicle fueling and washing facility. The proposed development will extend, as necessary, existing Systems and utilities available in the immediate area. The proposed project will not require major modifications or alterations to the existing utility systems. 13. AESTHETICS. Would the proposah a) Affect a scenic vista or scenic highway?. ( ) ( ) ( ) (x) b) Have a demonstrable negative aesthetic effect? ( ) ( ) ( ) (x) c) Create light or glare? ( ) ( ) ( ) (x) Comments: a-b) The site is immediately adjacent to the above-grade freeway surface. The new freeway is not designated as a scenic highway. Also, the site is immediately adjacent to the above-grade freeway surface, which is around 27 feet above the site. Any development on the site should not affect any views to the north, c) Any future project will create new light and glare as the site is currently vacant. Any development will be required to conform to the City's parking lot lighting and sign ordinance which requires non-obtrusive lighting. H, l, Lr <::~['b Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 12 14. CULTURAL RESOURCES. Would the proposal: a) b) c) d) e) Disturb paleontological resoumes? ( ) _Djs_turb archaeological resources? ( ) Affect historical or cultural resources? ( ) Have the potential to cause a physical change, which would affect unique ethnic cultural values? Restrict existing religious or sacred uses within the potential impact area? () () No () (x) ( ) (x) ( ) (x) () (x) ( ) (x) Comme~: a-e) The site, while on an alluvial fan, was recently disturbed due to freeway construction; therefore, the likelihood of finding historical or cultural resources is minimal and impacts are not considered significant. 15. a) b) Comments: RECREATION. Would the proposal.' Increase the demand for neighborhood or regional parks or other recreational facilities? Affect existing recreational opportunities? () () () (x) () () () (x) a) Any proposed commemial project should not increase the need for park and recreation services through population growth. The developer of any project wilt pay the appropriate fees in accordance with Development Impact Fee Schedules adopted by the City Council. b) There is no impact to existing recreational opportunities as the site and property surrounding the project area is designated for additional commercial development. Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 13 16. MANDATORY FINDINGS OF SIGNIFICANCE. No a) b) c) d) Potential to degrade: 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? ( ) Short term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time. Long-term impacts will endure well into the future.) ( ) Cumulative: 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.) ( ) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?. ( ) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) Comments: a) The project site, recently disturbed due to freeway construction, does not contain Natural Resoumes as identified on Figure V-3 of the General Plan. Additionally, the site does not contain any Coastal Sage Scrub, Riversidian Alluvial Fan Sage Scrub, or Delhi-Sands flowering-loving fly habitat. No sensitive species were detected on- site and it is unlikely any will move onto the site due to the lack of natural habitat and on-going freeway construction. b) During construction of any future development, there is the possibility of fugitive dust to be emitted from grading the site and dust emissions could be sufficient to warrant the use of water or other dust palliatives at this site. Sources of emissions during this phase include exhaust emissions from construction vehicles and equipment and fugitive dust generated as a result of constructi~:.. '.'ehicles and equipment traveling over exposed surfaces. NOx and PMm levels may be exceeded dudng this phase. 33 Initial Study for City of Rancho Cucamonga GPA 00-02A, VCPA 00-02, GPA 00-02C, VCPA 00-03 Page 14 Existing dust reduction requirements enforced by the City Building & Safety Division will reduce impacts to less than significant. c) The developer of any commercial project will be required to pay development impact fees established by the City Council, the rates of which have been set to mitigate the potential impacts to fire protection service, police protection services, and other governmental services to less than significant. To the extent that a project may impact utility resources provided by private utility companies, potential impacts upon such services will be mitigated by payment of rates and fees set by each utility agency. d) Any proposed commercial project on 1.244 acres would not cause substantial adverse effects on human beings, either directly or indirectly. Therefore, impacts are less than significant. EARLIER ANALYSES Eadier 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 EIR 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 eadier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following eadier 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 Ddve (check all that apply): (X) General Plan EIR (Certified April 6, 1981) (X) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (X) Victoria Planned Community EIR (Certified May 20, 1981 ) City of Rancho Cucamonga NEGATIVE DECLARATION The fo~owing Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 2 f092 of the Public Resources Code. Project File No.: General Plan Amendment 00-02A and Victoria Communib/Plan Amendment 00-02 - Lewis Retail Centera General Plan Amendment 00-02C and Victoria Communit~ Plan Amendment 00-03 - City Of Rancho Cucamonga Public Review Period Closes: September 27, 2000 Project Applicant: Lewis Retail Centers/City of Rancho Cucamonga Project Location (also see attached map): Located at the northeast comer of Day Creek Boulevard and Highland Avenue-APN: 227-351-65 and immediately east ofthat parcel, currentlywithintheCaltransdghtof way. Project Description: A request to change the land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial in the General Plan and Village Commercial in the V'~oda Community Plan for 1.244 acres (Lot 73 of Tract 15875) and approxjmately .24 acre adjacent to the east side of Lot 73 of Tract 15875. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to detem~ine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. [] 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 Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where cleady 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 Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding are included in the attached Initial Study. The prejectfiie and all related documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Civic Center Drive (909) 417-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. September 27.2000 Date of Determination Adopted By RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT 00-02A, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-351-65. Recitals. 1. Lewis Retail Centers filed an application for General Plan Amendment No. 00-02A as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On S~pt~Enb"er 27, 20007the Pl&~ing CommiSsiOn'of tl~e City of RanCho ~ucamonga conducted a duly noticed public hearing on the application. 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. 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 hearing on September27, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 1.244 acres of land, basically a triangular configuration, located on the northeast corner of Highland Avenue and Day Creek Boulevard and is presently vacant. Said property is currently designated as Low Residential (2-4 dwelling units per acre) on the General Plan Land Use Map; and I~."'Tl~e I~r0pertyto the ~orth of the subject site is being developed with the new Route 30 freeway. The property to the east is designated Low Residential and is developed with a single family residential neighborhood. The property to the west is designated Neighborhood Commercial and is vacant. The property to the south is designated Low Residential and is developed with a single family residential neighborhood; and c. This amendment does not conflict with the Land Use Policies of the General Plan and _will provide for development within the district in a manner consistent with the General Plan and with related development; and and d. This amendment does promote the goals and objectives of the Land Use Element; ..... e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. PLANNING COMMISSION RESOLUTION NO. GPA 00-02A - CITY OF RANCHO CUCAMONGA September 27, 2000 Page 2 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 I and 2 above, this Commission hereby finds and concludes as follows: a That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area by satisfying the minimum parcel size requirement for the land use designation and continuing the planned Neighborhood Commercial development pattern along this portion of Day Creek Boulevard; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby parcels of land. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration attached heroto, and incorporated herein by this reference, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated therounder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alterations which have been incorporated into the proposed project; no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, thero is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission heroby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission heroby recommends approval of General Plan Amendment No. 00-02A by designating the subject site as Neighborhood Commercial. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. GPA 00-02A - CITY OF RANCHO CUCAMONGA September 27, 2000 Page 3 APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Bulier, 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 bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: m :-;: GPA 00-02A & -02C General Plan Land Use Map · ~}GPA 00-02A & '02C Route 30 Fwy. Ch...e ,o , Neighborhood Commercial :::::::::::::::::::::::::::::::::::::::::::::::: ~oooooooooooo~ j ....... oo. Hi~hland Ave. ~. ' W ndrows ~ Application Site GP Land Use Designations ~ FLOOD CONTROL I UTILITY CORRIDOR ~ LOW ~ LOW MEDIUM ~,,~g,~ NEIGHBORHOOD COMMERCIAL ~OO;;~pACE ~VERY LOW N no scale RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY PLAN AMENDMENT 00-02, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 765 FEET WEST OF THE INTERSECTION WITH VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-351-65. A. Recitals. 1. Lewis Retail Centers filed an application for Victoda Community Plan Amendment No. 00-02 as descdbed in the title of this Resolution. Hereina~er in this Resolution, the subject Victoda Community Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headrig on the an associated application and issued Resolution No. * , recommending to the City Council that the associated General Plan Amendment No. 00-02A be approved. 3. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headrig on the application. 4. All legal prerequisites pdor 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 dudng the above- referenced public headng on September 27, 2000, including wdtten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 1.244 acres of land, basically a triangular configuration, located on the northeast comer of Highland Avenue and Day Creek Boulevard and is presently vacant. Said properby is currently designated as Low Residential 2-4 dwelling units per acre) within the Victoda Community Plan; and b. The property to the north of the subject site is being developed with a new State freeway. The property to the east is designated Low Residential and is developed with a single- family residential neighborhood. The property to the west is designated Village Commercial and is vacant. The property to the south is designated Low Residential and is developed with a single family residential neighborhood; and ,70 PLANNING COMMISSION RESOLUTION NO. VCPA 00-02 - CITY OF RANCHO CUCAMONGA September 27, 2000 Page 2 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development through the land use review process of this application; and d. This amendment does promote the goals and objectives of the Land Use Element by providing additional convenience commercial opportunities for the nearby residents and by deleting the potential of residential development from an area of increasing vehicle traffic and noise; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties as evidence by the findings of the environmental assessment. 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 subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area by exceeding the minimum lot width of 150 feet for Commercial sites of the Victoria Community Plan and by being adjacent to existing Village Commercial designated land; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby existing Village Commemial parcels. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the initial Study and Negative Declaration for the project, there is no evidence that the proposed project · will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends:-FurtherTbased upon substantial evidence contained in the Negative Declaration, the staff reports and'exhibitsFand-the information p~;dvided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. ql PLANNING COMMISSION RESOLUTION NO. VCPA 00-02 - CITY OF RANCHO CUCAMONGA September 27, 2000 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Victoria Community Plan Amendment No. 00-02 to change the land use designation to Village Commercial as shown in Exhibit "A" to this Resolution and to amend the description of the Village Commercial Center on the first and second paragraphs on pages 67-68 of the Victoria Community Plan to read as follows: "Local commercial needs in the Windrows will be served by a Village Commercial Center at Highland and Day Creek Boulevard. Its location on two major arterial roads is convenient to village residents as they enter or leave the community by automobile, and is also accessible to bicycles and pedestrians via the community trail system. Any potential expansion ofthe Village Commercial land use area should be clearly intended to primarily serve the nearby residents. Expansion of the Village Commercial in this area should not be established to promote 'freeway dependent' commercial activities. The amhitectural theme that is used for the Village Commercial Center should draw upon the character of the older Victorian homes of the Etiwanda area for inspiration. Village Commercial development should focus on enhancing, and not detracting from the rural Etiwanda character. In this regard, commercial development should be visually non-intrusive to the nearby residential neighborhoods." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary i, Brad Buller, 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 27th day of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: /-/, /, ::7 VCPA 00-02 &-03 Zoning Designations Map t;~'~y~'~;/,~ ! VCPA 00-02 & -03 ~ ...... ! .... ................. ; Change to ,~:~;:,~;.,=:.; .................... Route 30 Fwy. l.village commercial . ooo .... Hi,qhland Ave. ; . ,, .............,~: ............~:'. ,, ,, .... I~ Application Site Zoning Designations ~ FLOOD CONTROL I UTILITY CORRIDOR ~ LOW I~ LOW MEDIUM ~ VilLLAGE COMMERCIAL ~ REGIONAL RELATED N no scale RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT 00-02C, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR .24 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for General Plan Amendment No. 00-02C as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated application and issued Resolution No. and recommending to the City Council that the associated General Plan Amendment 00-02A. 3. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 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 hearing on September 27, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately .24 acres of land, basically a triangular configuration, located on the northeast comer of Highland Avenue and Day Creek Boulevard and is presently vacant. Said property is currently designated as Low Residential (2-4 dwelling units per acre) on the General Plan Land Use Map; and b. The property to the north of the subject site is being developed with the new Route 30 freeway. The property to the east is designated Low Residential is developed with a single-family residential neighborhood. The property to the west is designated Neighborhood Commercial and is vacant. The property to the south is designated Low Residential is developed with a single-family residential neighborhood; and /./, /, ,7' PLANNING COMMISSION RESOLUTION NO. GPA 00-02C - CITY OF RANCHO CUCAMONGA September 27, 2000 Page 2 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and - and d. This amendment does promote the goals and objectives of the Land Use Element; e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 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 subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area by satisfying the minimum parcel size requirement for the land use designation and continuing the single family residential development pattern along the north side of Base Line Road; and b. That the proposed amendment would have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby parcels of land. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adveme impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff report.~and-exhibits, and the informatien-provided-to-the--Planning Commission dudng the public hearingTthe+~lanning Commission hereby rebuts-the-presumption of adveme effect as set forth 'in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. GPA 00-02C - CITY OF RANCHO CUCAMONGA September 27, 2000 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment No. 00-02C by designating the subject site Neighborhood Commercial. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman A'I'rEST: Brad Buller, Secretary I, Brad Buller, 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 27th day of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: GPA 00-02A & -02C General Plan Land Use Map C new single-fami~ oooeooooooooo~ neighbodlood ,oo,~,ooo,oo,~ ~ooo0o0 Hifihland Ave. ~~:.-::-'...'.":.:-':, .....................i'- i '= i i :" :::::::"~"'.. : i · ! k .........,, ..., ,, \ ....... ~i ......... '. --I i = , ,. r ..... : ~i i'. ' · = i ~' ............../:" " "! · !: ..............::.-..,,..~ ......:',.:~,;---, .j:~.:...:: .......... >, i ¢~. i : k ...............' single-family~ [ I i Q: : r .....\. neighborhood - --J L. _ ._.) k _. E ~ Application Site GP Land Use Designations ~ FLOOD CONTROL I UTILITY CORRIDOR ~ LOW ~ LOW MEDIUM ~ NEIGHBORHOOD COMMERCIAL ~ OFFICE ~ OPEN SPACE :::: I VERY LOW no scale RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY PLAN AMENDMENT 00-03, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR .24 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING TEXT AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application, Victoria Community Plan Amendment No. 00-02, for Victoria Community Plan Amendment No. 00-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Victoria Community Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated application and issued Resolution Nos. and __ recommending to the City Council that the associated General Plan Amendment Nos. 00-02A and 00-02C be approved. 3. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the an associated application and issued Resolution No .... recommending to the City Council that the associated Victoria Community Plan Amendment No. 00-02 be appmved. 3. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 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 headng on September 27, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately .24 acres of land, basically a triangular configuration, located on the northeast corner of Highland Avenue and Day Creek Boulevard and is presently vacant. Said property is currently designated as Low Residential within the Victoria Community Plan; and g-,H,/, ,.T PLANNING COMMISSION RESOLUTION NO. VCPA 00-03 - CITY OF RANCHO CUCAMONGA September 27, 2000 Page 2 b. The property to the north of the subject site is being developed with the new Route 30 freeway. The property to the east is designated Low Residential and is developed with a single- family residential neighborhood. The property to the west is vacant. The property to the south is developed with a single-family residential neighborhood; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development through the land use review process of this application; and d. This amendment does promote the goals and objectives of the Land Use Element by providing additional Convenience Commercial opportunities for the nearby residents and by deleting the potential of residential development from an area of increasing vehicle traffic and noise; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties as evidence by the findings of the environmental assessment. 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 I and 2 above, this Commission hereby finds and concludes as follows: a That the subject property is suitable for the uses permitted in the proposed district when combined with the parcel immediately adjacent to the site, in terms of access, size, and compatibility with existing land use in the surrounding area by the combined site exceeding the minimum lot width of 150 feet for Commercial sites of the Victoda Community Plan and by being adjacent to existing Village Commercial designated land; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby existing Village Commercial parcels. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated therounder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alterations, which have been incorporated into the proposed project, no significant adverse environmental effects will occur. PLANNING COMMISSION RESOLUTION NO. VCPA 00-03 - CITY OF RANCHO CUCAMONGA September 27, 2000 Page 3 c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resoumes or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Commission hereby recommends approval of Victoria Community Plan Amendment No. 00-02 to change the land use designation to Village Commercial as shown in Exhibit "A" to this Resolution and to amend the description of the Village Commemial Center in the first and second paragraphs on pages 67-68 of the Victoria Community Plan (bold print additions) to read as follows: "Local commemial needs in the Windrows will be served by a Village Commercial Center at Highland Avenue and Day Creek Boulevard. Its location on two major arterial roads is convenient to village residents as they enter or leave the community by automobile, and is also accessible to bicycles and pedestrians via the community trail system. Any potential expansion of the Village Commercial land use area should be clearly intended to primarily serve the nearby residents. Expansion of the Village Commercial in this area should not be established to promote 'freeway dependent' commercial activities. The architectural theme that is used for the Village Commemial Center should draw upon the character of the older Victorian homes of the Etiwanda area for inspiration. Village Commercial development should focus on enhancing, and not detracting from the rural Etiwanda character. In this regard, commercial development should be visually non-intrusive to the nearby residential neighborhoods." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2OOO. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary g.,/-/,/,:T PLANNING COMMISSION RESOLUTION NO. VCPA 00-03 - CITY OF RANCHO CUCAMONGA September 27, 2000 Page 4 I, Brad Buller, 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 27th day of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: /-/, i,,.T VCPA 00-02 & -03 Zoning Designations Map .~, I~ Application Site Zoning Designations FLOOD CONTROL I UTILITY CORRIDOR LOW LOW MEDIUM ~ VilLLAGE COMMERCIAL REGIONAL RELATED ~OPEN SPACE rT~ VERY LOW N no scale RESOLUTION NO. A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02A, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 227-881-01. A. Recitals. 1. Lewis Retail Centers has filed an application for General Plan Amendment No. 00-02A as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No.00-104 recommending to the City Council that General Plan No. 00-02A be approved. 3, On November 1,2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. All legal prerequisites pdor 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 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 dudng the above- referenced public hearing on November 1, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 1.244 acres of land, basically a tdangular configuration, located on the northeast corner of Highland Avenue and Day Creek Boulevard and is presently vacant. Said property is currently designated as Low Residential (2-4 dwelling units per acre) on the General Plan Land Use Map; and; b. The property to the north of the subject site is being developed with a new state freeway. The property to the west is designated Low Residential (2-4 dwelling units per acre and is developed with a single family residential neighborhood. The property to the east is designated Neighborhood Commercial and is vacant. The property to the south is designated Low Residential (2-4 dwelling units per acre) and is developed with a single family residential neighborhood; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will prevjde for development within thedistrict in a manner consistent with the General Plan and with-relat~lepment; and CITY COUNCIL RESOLUTION NO. GPA 00 - 02A - CITY OF RANCHO CUCAMONGA November 1, 2000 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of General Plan Amendment No. 00-02A by designating the subject site as Neighborhood Commercial. 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 1 ST DAY OF NOVEMBER 2000 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: I, Debra Adams City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted bythe CityCouncil of the Cityof Rancho Cucamonga, at a regular meeting of the City Council held on the 1st day of November 2000, by the following vote-to-wit: -~ GPA 00-02A & -02C General Plan Land Use Map Rout; '~15"'~."I N.,Qhbo~ho'~0$o;.~...,., :hland Ave. i ~ =: ~" ~""""' ? ...... 7 ~j "" "'i' ' .r .................~ ~ .........~,.,, %': = s "~ " ~'L"'" ~ J Windro~ ' ' :~: ~ ~ i ~ .................single-family . i / . ~ [ ........... ~. neighborhood ~ ~:.:.J ~_..j ' ............~% ~{:t :~::.,:..2..',.: .... ~ Application Site GP Land Use Designations ~ FLOOD CONTROL I UTILITY CORRIDOR ~ LOW ~ LOW MEDIUM ~ NEIGHBORHOOD COMMERCIAL ~ OFFICE :,:.:.:, OPEN SPACE :::: VERY LOW N no scale AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY P.LAN AMENDMENT 00-02, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGLAND AVENUE AND MAKING TEXT AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 227-881-01 A. Recitals, 1. Lewis Retail Centers filed an application for Victoria Community Plan Amendment No. 00-02 as described in the title of this Ordinance. Hereina~er in this Ordinance, the subject Victoria Community Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on an associated general plan land use amendment and issued Resolution No. 00-104 recommending to the City Council that the associated General Plan Amendment No. 00-02A be approved. 3. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 00-105 recommending that the application be approved. 4. On November 1,2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public headng on the application. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specificelly finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council dudng the above- referenced public headng on November 1, 2000, including wdtten and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 1.244 acres of land, basically a tdangular configuration, located on the northeast comer of Highland Avenue and Day Creek Boulevard and is presently vacant. Said property is currently designated as Low Residential (2-4 dwelling units per acre) within the Victoria Community Plan; and b. The properby to the north of the subject site is being developed with a new state freeway. The property to the west is designated Low and is developed with a single family residential neighborhood. The property to the east is designated Village Commercial and is vacant. CiTY COUNCIL RESOLUTION NO. VCPa 00-02 - LEWIS RETAIL CENTERS November 1, 2000 Page 2 The preperty to the south is designated Low Residential (2-4 dwelling units per acre) and is developed with a single family residential neighborhood; and c. This amendment does not conflict with the Land Use Policies of the Generel Plan and will provide for development within the district in a manner consistent with the General Plan and with related development threugh the land use review precess of this application; and d. This amendment does premote the goals and objectives of the Land Use Element by providing additional Convenience Commer~:ial opportunities'for the nearby residents and by deleting the potential of residential development from an area of increasing vehicle traffic and noise; and e. This amendment would not be materially injurious or detrimental to the adjacent preperties and would not have a significant impact on the envirenment nor the surrounding preperties as evidence by the findings of the environmental assessment. 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 Council hereby finds and concludes as follows: a That the subject preperty is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area by exceed ing the minimum lot width of 150' for Commercial sites of the Victoria Community Plan and by being adjacent to existing Village Commercial designated land; and b. That the proposed amendment would not have significant impacts on the environment nor the surreunding properties as evidenced by the conclusions listed in the Initial Study Pads I and II; and c. That the proposed amendment is in conformance with the Generel Plan by providing a land use pattern that is complementary with nearby existing Village Commercial parcels. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all wdtten and orel reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alteretions which have been incorporated into the preposed project, no significant adverse environmental effects will occur. c. Pursuant.to-the previsions of-Sectiorr753:5(c) of-Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have CITY COUNCIL ORDINANCE NO. VCPA 00-02 - LEWIS RETAIL CENTERS November 1, 2000 Page 3 potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council dudng the public headng, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby recommends approval of Victoria Community Plan Amendment No. 00-02 to change the land use designation to Village Commercial as shown in Exhibit "A" to this Ordinance and to amend the description of the Village Commercial Center on in the first and second paragraphs on pages 67-68 of the Victoda Community Plan shall be amended (bold print continuing the planned Neighborhood Commercial development pattem along this portion of Day Creek Boulevard additions) to read as follows: "Local commercial needs in the. Windrows will be served by a Village commercial center at Highland Avenue and Day Creek Boulevard. Its location on two major arterial roads is convenient to village residents as they enter or leave the community by automobile, and is also accessible to bicycles and pedestrians via the community trail system. Any potential expansion of the Village Commercial land use area should be clearly intended to primarily serve the nearby residents. Expansion of the Village Commercial in this area should not be established to promote 'freeway dependent' commercial activities. The amhitectural theme that is used for the Village Commercial Center should draw upon the character of the older Victorian homes of the Etiwanda area for inspiration, Village Commercial development should focus on enhancing, and not detracting from the rural Etiwanda character. In this regard, commercial development should be visually non-intrusive to the nearby residential neighborhoods." 6. The City Clerk shall certify to the adoption of this Ordinance. APPROVED AND ADOPTED THIS 1ST DAY OF NOVEMBER 20OO CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: CITY COUNCIL ORDINANCE NO. VCPA 00-02 - LEWIS RETAIL CENTERS November 1,2000 Page 4 I, Debra Adams City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted bythe City Council of the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 1st day of November 2000, by the following vote-to-wit: rn >: VCPA 00-02 & -03 Zoning Designations Map .,VCP .. si'l!;!:;-lan'n y %.. ~,.': %1 ~ · .: "',..,. "..c i;h.')~'h(:,'),": - TM ~.. -. -' .. I · . ?: ::/.4. · m ..... 3 .'/' '=.~' { :." ' "~"' "." ..'i · '. 'h' '..:. .. : ~ Application Site Zoning Designations ~r~,o~co...o.,~-.,--Do..,*. ~ LOW MEDIUM oo, VIILLAGE COMMERCIAL ~REGIONAL RELATED ~ OPEN SPACE I:::: VERY LOW N no scale RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02C, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR .24 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for General Plan Amendment No. 00-02C as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on an associated application and issued Resolution No 00-104 and recommending to the City Council that the General Plan Amendment No. 00-02A be approved for the property to the west of the application site. 3. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 00-106 recommending to the City Council the adoption of General Plan Amendment No. 00-2C. 4. On November 1, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 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 City Council 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 hearing on September 27, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately .24 acres of land, basically a triangular configuration, located on the northeast corner of Highland Avenue and Day Creek Boulevard and is presently vacant. Said property is currently designated as Low Residential (2-4 dwelling units per acre) on the General Plan Land Use Map; and b. The property to the north of the subject site is being developed with a new state freeway. The property to the west is designated Low Residential (2-4 dwelling units per acre and is developed with a single family residential neighborhood. The property to the east is designated Neighborhood Commercial and is vacant. The property to the south is designated Low Residential (2-4 dwelling units per acre) and is developed with a single family residential neighborhood; and CITY COUNCIL RESOLUTION NO. GPA 00 - 02C CITY OF RANCHO CUCAMONGA November 1, 2000 Page 2 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development with in the district in a manner consistent with the General Plan and with related development; and and d. This amendment does promote the goals and objectives of the Land Use Element; e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented to this Council dudng the above- referenced public headrig and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: a That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area by satisfying the minimum parcel size requirement for commercial development; and b. That the proposed amendment would have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby parcels of land. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all wdtten and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environrhental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the Califomia Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and-exhibits, and the information provided-to the City Council during the public hearing, the City Council hercby rebuts-the presumption of adverseeffect-as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. CITY COUNCIL RESOLUTION NO. GPA 00 - 02C CITY OF RANCHO CUCAMONGA November 1, 2000 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby approves General Plan Amendment No. 00-02C by designating the subject site Neighborhood Commercial. 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED YH IS 1 ST DAY OF N(SVEMBER 2000 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: I, Debra Adams, City clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 1st day of November 2000, by the following vote-to-wit: rn ~ GPA 00-02A & -02C General Plan Land Use Map ~ A, ppllcatlon 81te GP Land Use Designations ~ FLOOD CONTROL I UTILITY CORRIDOR ~ LOW ~ LOW MEDIUM ::::::::1 OPEN 8PACE ::::IVERYLOW N no scale AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 00-03, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR .24 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING TEXT AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Victoda Community Plan Amendment No. 00-03 as described in the title of this Ordinance. Hereina~er in this Ordinance, the subject Victoda Community Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearings on associated general plan land use applications and issued Resolution Nos. 00-104 and 00-106 recommending to the City Council that the associated General Plan Amendment Nos. 00-02A and 00-02C be approved. 3. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 00-107, recommending to the City Council that Victoria Community Plan Amendment No. 00-03 be approved. 4. On November 1,2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the an associated general plan land use application and issued Resolution No. __, approving the associated General Plan Amendment No. 00-02C. 5. On November 1,2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public headng on the application. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council dudng the above- referenced public headng on November 1, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately .24 acres of land, basically a triangular configuration, located on the northeast comer of Highland Avenue and Day Creek Boulevard and is presently vacant. Said property is currently designated as Low Residential (2-4 dwelling units per acre) within the Victoda Community Plan; and CITY COUNCIL ORDINANCE NO. VCPA 00-03 - CITY OF RANCHO CUCAMONGA November 1, 2000 Page 2 b. The property to the north of the subject site is being developed with a new state freeway. The property to the east is designated Low and is developed with a single-family residential neighborhood. The property to the west is designated Village Commercial and is vacant. The property to the south is designated Low Residential (2-4 dwelling units per acre) and is developed with a single family residential neighborhood; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development through the land use review process of this application; and d. This amendment does promote the goals and objectives of the Land Use Element by providing additional Convenience Commercial opportunities for the nearby residents and by deleting the potential of residential development from an area of increasing vehicle traffic and noise; and e. This amendment would not be materially injurious or detdmental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties as evidence by the findings of the environmental assessment. 3. Based upon the substantial evidence presented to this Council dudng the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council heraby finds and concludes as follows: a That the subject property is suitable for the uses permitted in the proposed distdct when combined with the parcel immediately adjacent to the site, in terms of access, size, and compatibility with existing land use in the surrounding area by the combined site exceeding the minimum lot width of 150 feet for Commercial sites of the Victoda Community Plan and by being adjacent to existing Village Commercial designated land; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby existing Village Commercial parcels. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all wdtten and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thero under; that said Negative Declaration and the Initial Study prepared therofore reflect the independentjudgment of the City Council;-andFfurther; this-Council has reviewed and considered the infu..dtiul~ ~;untai,~d-in said Negative~)eclaration with-regard to the application. CITY COUNCIL ORDINANCE NO. VCPA 00-03 - CITY OF RANCHO CUCAMONGA November 1, 2000 Page 3 b. That based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council dudng the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council heroby recommends approval of Victoria Community Plan Amendment No. 00-02 to change the land use designation to Village Commercial as shown in Exhibit "A~ to this Ordinance and to amend the description of the Village Commercial Center in the first and second paragraphs on pages 67-68 of the Victoda Community Plan (bold pdnt additions) to read as follows: "Local commercial needs in the Windrows will be served by a Village commercial center at Highland Avenue and Day Creek Boulevard. Its location on two major arterial roads is convenient to village residents as they enter or leave the community by automobile, and is also accessible to bicycles and pedestrians via the community trail system. Any potential expansion of the Village Commercial land use area should be clearly intended to primarily serve the nearby residents. Expansion of the Village Commercial in this area should not be established to promote 'freeway dependent' commercial activities. The architectural theme that is used for the Village Commercial Center should draw upon the character of the older Victorian homes of the Etiwanda area for inspiration. Village Commercial development should focus on enhancing, and not detracting from the rural Etiwanda character. In this regard, commercial development should be visually non-intrusive to the nearby residential neighborhoods." 6. The City Clerk shall certify to the adoption of this Ordinance. APPROVED AND ADOPTED THIS 1 ST DAY OF NOVEMBER 2000 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CItY COUNCIL ORDINANCE NO. VCPA 00-03 - CITY OF RANCHO CUCAMONGA November 1,2000 Page 4 BY: ATTEST: I, Debra Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was duly and regularly introduced, passed, and adopted by the City Council of the City of Rancho Cucemonga, at a regular meeting of the City Council held on the 1st day of November 2000, by the following vote-to-wit: VCPA 00-02 & -03 Zoning Designations Map Route 30 '.CP& 9C t;2 & -03 Village Commemial ooooooo Hi,qhland Ave. ..~......" ..VCP, >~ V. mdrows ..s ~ . s oooo~0o0ooooc ~ , 51r"~!'(~-farr'llV · ! · '! · qqoooooo°ooooc · .," ~.: . "i I oooooqqoqqooo¢ If~ ' " , ~;hD:)rho3d · ~l , · o q°Oo Oq~qo¢ I ~ Application Site Zoning Designations ~ FLOOD CONTROL I UTILITY CORRIDOR ~ LOW ~ LOW MEDIUM ~,~?,~ VllLLAGE COMMERCIAL ~ REGIONAL RELATED :::::::: OPEN SPACE ~VERY LOW N no scale THE C ITY OF CHCAMONGA Sg3zffReport DATE: TO: FROM: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager CONSIDERATION OF A RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS AND CONSIDERATION OF A RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS AND SUBMITTING PROPOSITION TO QUALIFIED ELECTORS RECOMMENDATION It is recommended that the City Council open the public hearing and take testimony on forming and establishing Community Facilities District (CFD) 2000-01 (South Etiwanda) and authorizing the levy of a special tax in the CFD to finance the provision of certain public services and the acquisition of certain public facilities. During this hearing it is also recommended that the City Council take testimony on the necessity to incur bonded indebtedness and submitting a proposition to the qualified electors of CFD 2000-01. This action is brought to you in accordance with the request of the property owner and pqrsuant to City policy. BACKGROUND The proposed CFD is being requested by Pacific Communities to fund public improvements related to their development (South Etiwanda). The development in question is generally located east of Etiwanda Avenue, west of East Avenue, and on the north and south sides of Miller Avenue. Attached is a boundary map showing the exact boundaries of CFD 2000-01. It should be noted that this map has been slightly amended to conform the boundaries to the final subdivision maps recorded for the property in the District. 'lzhese facilities will serve the residents in this region of the 6ommunity by providing water, sewer, storm drain and street improvements. Mainly this CFD will fund storm drains, water and sewer improvements. To help fund these improvements, the APPROVAL OF RESOLUTIONS ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-03 (RANCHO SUMMIT) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND DECLARING NEESSITY TO INCUR BONDED IDEBTEDNESS AND SUBMITTING A PROPOSITION TO THE QUALIFIED ELECTORS November 1, 2000 Page 2 developer has requested that a CFD be formed. This request is in keeping with the City's policy on CFD formations and all associated formation costs are being borne by the developer. In order to pay for these improvements, a special tax will be levied. This special tax will be on the properties in the CFD only. The special tax is based on the square footage of the home for residential properties and is based on acreage for non-residential property. The tax rates are listed in Table 1 below. TABLE 1 Land Use Class Residential FloorArea Assigned Facilities Special Tax 1 2,301 Sq. Ft or greater $500.00 per unit 2 1,801-2,300 Sq. Ft 475.00 per unit 3 1,800 Sq. Ft or less 425.00 per unit 4 Non-Residential Property $3,700.00 per Acre These rates for the special taxes are consistent with the City policy to insure that the total taxes on any property do not exceed 2%. These special tax rates have been reviewed with the property owner and they are in concurrence with the rate and method of apportionment for the special taxes. Finally, in order to finance the facilities in question, it is necessary for the CFD to incur bonded indebtedness. The debt service for these bonds will be paid from the proceeds of the special tax levied in this CFD. No other property owners or residents will be responsible for this debt. It is proposed that the total amount of bonded indebtedness shall not exceed $2,000,000. Before the bonded indebtedness and levy of the special tax can happen, the property owners of the CFD need to vote on the matter. The attached resolution contains the language of the ballot proposition and sets the date for the election as November 7, 2000. It should be noted that there is only one property owner, Pacific Communities, and they are the only qualified elector. The property owner is the party that originally requested the formation of this CFD. -2- APPROVAL Of RESOLUTIONS ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-03 (RANCHO SUMMIT) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND DECLARING NEESSITY TQ INCUR BONDED IDESTEDNESS AND SUBMI'Iq'ING A PROPOSITION TO THE QUALIFIED ELECTORS November 1, 2000 Page 3 If the City Council decides to approve these resolutions then the matter will be put before the property owner for a vote. If the vote is successful, the staff will levy the special tax and sell the necessary bonds to see that these needed public facilities are financed. These actions are consistent with established City policy on CFD formations and comply with the necessary state regulations regarding these matters. Respectfully submitted, ~a~er~ Assistant to the City Manager -3- ! "I '~"" AMENDED BOUNDARY MAP MMUNI'I'Y FACILITIES DISTRICT i (ETIwANDA) I r..r] , I ~-~ ~_{ ~i UP~N~ I ~= ~N~O ~ ~. CUCAMONGA _- - N (- INTERSTATE 10 INDEX MAP AMENDED BOUNDARY MAP COMMUNITY FACILITIES DISTRICT NO.2000-01 (ETIWANDA) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA LEGEND e RESOLUT,O..O. no-e3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA), AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has previously declared its intention and ordered the preparation of a Community Facilities District Report relating to the initiation of proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) (the "District"); and, WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of the acquisition of certain public facilities and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing on the Resolution of Intention to establish such District; and, WHEREAS, all communications relating to the establishment of the District, the proposed public facilities and the proposed rate and method of apportionment of special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and, WHEREAS, there has been presented to this City Council for its consideration and approval an amended map of the proposed boundaries of such District to conform such boundaries to the final subdivision maps recorded for the property within the District; and WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners of the District, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that: All prior proceed ings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. No written protests to the formation of the District or the levy of the special taxes have been received and, therefore, the special taxes proposed to be levied within the District have not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. The District as proposed conforms with the City's goals and policies regarding the establishment of community facilities districts. Less than twelve (12) registered voters have resided within the territory of the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such term is defined in Government Code Section 53317(f) and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the District. The time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. The Board of Directors of the Cucamonga County Water District ("CCWD") and this City Council have each approved a joint community facilities agreement pursuant to the provisions of the Act pertaining to the acquisition of certain water and sewer improvements to be owned, operated and maintained by CCWD. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities District Report for the District (the "Report"), as now submitted by Willdan/MuniFinancial, Special Tax Consultant, shall stand as the report as required 2 pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4, NAME OF DISTRICT. The City Council does hereby establish and declare the formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA)." SECTION 5. BOUNDARIES OF DISTRICT. The boundaries and parcels of land for which the public facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses to acquire the authorized public facilities are generally described as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA), as shown on the amended boundary map as presented to the City Council and hereby approved, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. The amended boundary map of the proposed District shall be recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Bernardino and shall amend and supercede the original boundary map previously recorded at Page of Book of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 6. DESCRIPTION OF FACILITIES. A general description of public facilities which are to be financed under these proceedings, are generally described in Exhibit A attached hereto and incorporated herein by this reference. The facilities are facilities which the City Council is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed facilities are necessary to meet increased demands and needs placed upon the City and CCWD as a result of proposed development within the District, and the costs and expenses charged to this District represent the fair share costs of the facilities and services attributable to this District. For a full and complete description of such facilities, reference is made to the Community Facilities District Report, a copy of which is on file in the Office of the City Clerk. In addition to financing the authorized facilities, the financing of those incidental expenses described in the Community Facilities District Report are also approved and authorized. SECTION 7. SPECIAL TAX. Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in the proposed District, is hereby authorized, subject to voter approval, to be levied within the boundaries of such District. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "B" (the "Special Tax Formula"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to pay directly for the facilities, to pay debt service on authorized bonds to assist in financing the acquisition of such facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds and the District. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorera property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorera taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Special Tax Formula. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 8. PREPARATION OF ANNUAL TAX ROLL. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: GIS/Special Districts Supervisor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 477-2700, Ext 2567 SECTION 9. SUBSTITUTION FACILITIES. The description ofthe public facilities, as set in Exhibit A, is general in its nature. The final nature and location of such facilities will be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the facilities described in Exhibit A and any such substitution shall not be a change or modification in the proceedings as long as the facilities serve a function substantially similar to the facilities described in Exhibit A. SECTION 10. ELECTION. This City Council herewith submits the levy of the special tax to the qualified electors of the District, such electors being the landowners in the District, with each landowner having one (1) voter for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that the ballot proposition relating to the levy of the special tax be combined and consolidated with the proposition relating to the incurring of a bonded indebtedness. This Resolution shall not constitute the notice ofthe election, and the Resolution declaring the necessity to incurthe bonded indebtedness shall constitute the notice of the election relating to the combined proposition on the authorization to incur a bonded indebtedness and authorization for the special tax levy and the proposition to establish an appropriations limit for the District. PASSED, APPROVED, And ADOPTED this day of 2OOO. AYES: NOES: ABSENT: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk Exhibit "A" Description of Public Facilities The types of public facilities proposed to be financed by the District shall include: Such street, sewer, water, storm drain, landscaping and park improvements within or serving or required as a condition of development of the District as are permitted to be financed by the District by the goals and policies of the City of Rancho Cucamonga regarding the use of the Mello-Roos Community Facilities Act of 1982. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (South Etiwanda) CITY OF RANCHO CUCAMONGA A Special Tax shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2000-01 ("CFD"). The amount of Special Tax to be levied each Fiscal Year, commencing in Fiscal Year 2001-2002 on a Parcel shall be determined by the City Council of the City of Rancho Cucamonga, acting in its capacity as the legislative body of the CFD by applying the appropriate Special.Tax for "Developed Property" and "Undeveloped Property" as set forth in Sections B, C, and D below. All of the real property within the CFD, unless exempted by law or by the provisions hereof in Section E., shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part I of Division 2 of Title 5 of the California Government Code of the State of California. "Administrative Expenses" means all actual or reasonably estimated costs and expenses of the City to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and administrative expenses. "Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "Assessor's Parcel Map" means an official map of the Assessor of the County of San Bernardino designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1 .a. below. A-! "Assigned Special Tax Revenue" means the sum of the Assigned Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section C, Table 1. "Backup Special Tax" means the Special Tax amount set forth in Section C.1 .b. below. "Backup Special Tax Revenue" means the sum of the Backup Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section C below. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "Bond Share" means the share of Bonds assigned to a Payoff Parcel as specified in Section G below. "CFD" means Community Facilities District No. 2000-01 (South Etiwanda) of the City established pursuant to the Act. "City" means the City of Rancho Cucamonga, California. "Debt Service" means for each calendar year, the total scheduled amount of principal and interest payable on any Outstanding Bonds during the calendar year commencing on January 1 of such Fiscal Year. "Developed Property" means all Parcels of Taxable Property for which a building permit has been issued prior to March 1st preceding the Fiscal Year for which the Special Tax is being levied. "Exempt Property" means any Parcel or portion of a Parcel, which is exempt from Special Taxes pursuant to Section E. below. Map" means the subdivision of property resulting from the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Category" means any of the categories listed in Table 1. "Maximum Annual Special Tax" means the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on any Parcel of Taxable Property. "Net Taxable Acre" means the acreage of a Parcel of Taxable Property as indicated on the most recent Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area shown on the applicable Final Map, or other recorded City parcel map. "Non-Residential Property" means all Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Outstanding Bonds" means the total principal amount of Bonds that have been issued and not retired or defeased. "Parcel(s)" means a lot or parcel shown on an Assessor's Parcel Map with an assigned parcel number as of January 1 preceding the Fiscal Year for which the Special Tax is being levied. "Parcel's Allocated Share" means the amount calculated in Step 2 of Section G. "Payoff Parcel" means any Parcel of Taxable Property for which a prepayment of the Special Tax Obligation is being calculated pursuant to Section G. "Property Owner's Association Property" means any property within the boundary of the CFD which, as of January 1 of the preceding Fiscal Year for which the Special Tax is being levied, has been conveyed, dedicated to, or irrevocably dedicated to a property owner association, including any master or sub-association. erty" means any Parcel within the boundary of the CFD which, as of January 1 of the preceding Fiscal Year for which the Special Tax is being levied, is used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the county, City, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. A-3 "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property. For Undeveloped Property, Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to Section E., "Proportionately" means that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all such Parcels. "Reserve Fund" means the total amount held in any bond reserve fund established pursuant to the provisions of the Indenture for the Outstanding Bonds of the CFD. "Reserve Fund Share" is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. "Reserve Requirement" shall have the meaning given such term in the Indenture. "Residential Floor Area" means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area, on a Parcel. The determination of Residential FloorArea shall be made by reference to the building permit(s) for the Parcel. "Residential Property" means all Parcels of Developed Propertyfor which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax(es)" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Obligation" means the total obligation of a Parcel of Taxable Property to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means that amount required in any Fiscal Year by the CFD to pay: (i) Debt Service on all Outstanding Bonds; (ii) periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (ill) Administrative Expenses; and (iv) any amounts required to establish or replenish any Reserve Fund to the Reserve Requirement for the Outstanding Bonds; less (v) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture. "Taxable Property" means all Parcels in the CFD, which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means all Parcels of Taxable Property not classified as A-4 Developed Property, Public Property and/or Property OwneF's Association Property that are not Exempt Property pursuant to the provisions of Section E. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with the 2001-2002 Fiscal Year, all Parcels of Taxable Property within the CFD shall be classified as either Developed Property, Undeveloped Property, Public Property and/or Property Owners Association Property that are not Exempt Property pursuant to the provisions in Section E., and shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C., D., and E. below. Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. A Parcel of Residential Property shall further be classified to its appropriate Land Use Category based on the Residential Floor Area of such Parcel. A-5 C. MAXIMUM SPECIAL TAX RATE 1. Developed Property The Maximum Special Tax for each Parcel classified as Developed Property shall be the greater of (i) the applicable Assigned Special Tax set forth in Table I below or (ii) the amount derived by application of the Backup Special Tax. a. Assigned Special Tax The Assigned Special Tax for each Parcel of Developed Property is shown in Table I below, TABLE I Assigned Special Taxes for Developed Property Community Facilities District No. 2000-01 Land Use Category 1 - Residential Property 2 - Residential Property 3 - Residential Property 4 - Non - Residential Property Assigned Taxable Special Tax Unit Residential Floor Area Per Taxable Unit D/U 2,301 sq. ft. or greater $500 D/U 1,801 sq. ft. to 2,300 sq. $ 475 ft. D/U 1,800 sq. ft. or less $425 Acre N/A $3,700 b. Backup Special Tax VVhen a Final Map is recorded the Backup Special Tax for the Parcels of Taxable Property within such Final Map area shall be determined by multiplying $3,700 by the total Net Taxable Acreage in such Final Map and dividing such amount by the number of Parcels of Taxable Property (i.e., the number of residential lots) within such Final Map. If a Final Map within the CFD includes Parcels of Taxable Property for which building permits for both residential and non-residential construction may be issued, then the Backup Special Tax for each Parcel of Residential Property A-6 within the CFD shall be computed by the Administrator exclusive of the allocable portion of total Net Taxable Acreage attributable to Parcels of Taxable Property for which building permits for non- residential construction may be issued. 2. Undeveloped Property The Maximum Special Tax for each Parcel of Undeveloped Property shall be $3,700 per Net Taxable Acre. 3. Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to the provisions of Section E.. The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to the provisions of Section E., shall be $3,700 per Net Taxable Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2001-2002 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Taxable Property in the CFD until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: IfadditionalmoneysareneededtosatisfytheSpecialTaxRequirementafterthe first two steps have been completed, the Special Tax to be levied on each Parcel of Developed Property whose Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association A-? Property that is not Exempt Property pursuant to the provisions of Section E. at up to 100% of the Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal year as a consequence of delinquency or default by the owner of any other Parcel of Taxable Property within the CFD. E. EXEMPTIONS The City Council shall not levy Special Taxes on up to 26.04 Net Taxable Acres of Public Property and Property Owner's Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which property becomes Public Property and Property Owner's Association Property. After the limit of 26.04 Net Taxable Acres within the CFD has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fourth step in Section D. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary Ad valorern property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the City may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose as permitted by the Act on Parcels of Taxable Property for which the payment of Special Taxes are delinquent. G. PREPAYMENT OF SPECIAL TAX Property owners may prapay and permanently satisfy the Special Tax Obligation on Developed Property ("Special Tax Prepayment") by a cash settlement with the City as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: The City determines that the prepayment of the Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding Bonds. No Special Tax Prepayment shall be allowed unless the Maximum Special Tax that may be levied on all Taxable Property other than the Parcel for which the Special Tax Obligation is being prepaid is at least 110% of the maximum annual Debt Service on the Outstanding Bonds. A-8 Any property owner prepaying the Special Tax Obligation must pay any and all delinquent Special Taxes and penalties for the Payoff Parcel prior to prepayment. The amount of the Special Tax Prepayment shall be established by the following steps: Step 1: Determine the Assigned Special Tax and the Backup Special Tax for the Payoff Parcel based on the assignment of the Maximum Special Tax described in Section C above. Step 2: Divide the Assigned Special Tax for the Payoff Parcel from Step 1 by the Assigned Special Tax Revenue. Divide the Backup Special Tax for the Payoff Parcel by the Backup Special Tax Revenue. The greater amount calculated in this step shall be the Payoff Parcel's Allocated Share. Step 3: Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's Allocated Share from Step 2 by the total amount of Outstanding Bonds issued by the CFD. Step 4: Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. The Reserve Fund Share is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. Step 5:Calculate the amount needed to pay interest on Bond Share from the first Bond interest and/or principal payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from the proceeds of a Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned from the reinvestment of the Special Tax Prepayment less money kept by the City to cover costs from the date of the prepayment until the first redemption date for the Bonds. Step 6:Determine the total Special Tax Prepayment amount by subtracting the Reserve Fund Share calculated in Step 4 from the Bond Share calculated in Step 3, adding the interest amount calculated in Step 5 and by adding Debt Service not yet paid for the current Calendar Year to the date of bond redemption and all fees, call premiums, and expenses incurred by the City in connection with the prepayment calculation or with the application of the proceeds of the Special Tax Prepayment. H. TERM OF THE SPECIAL TAX For each year that any Bonds are outstanding the Special Tax shall be levied on all Parcels subject to the Special Tax. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse the CFD for uncollected Special Taxes associated with the levy of such Special Taxes, but not later than the 2031-32 Fiscal Year. A-IO RESOLUTION .O. 2000- RESOLUTION DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) AND A PROPOSITION TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING NOTICE THEREON WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA (the "City Council"), has previously declared its intention and held and conducted a public hearing relating to the issuance of bonds to be secured by special taxes to pay for the acquisition of certain public facilities in a community facilities district, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) (the "District"); and, WHEREAS, at this time the City Council desires to proceed to make the determination of necessity to incur the bonded indebtedness, to declare the purpose for such debt, and to authorize the submittal of a combined proposition to the qualified electors of such District, being the landowners of the proposed District, all as authorized and required by law; WHEREAS, all of the qualified electors have waived the time limits specified in the Act pertaining to the conduct of the election and the requirements for impartial legal arguments have also been waived by the unanimous consent of the qualified electors; and WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of time for conducting the election. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. NECESSITY FOR BOND ISSUE. The City Council hereby expressly declares and states that it is necessary to incur a bonded indebtedness as authorize under the terms and provisions of the Act, in order to finance the public facilities described in Exhibit A attached hereto and incorporate herein by this reference. SECTION 3. PURPOSE OF BONDED INDEBTEDNESS. The purpose for the proposed bonded indebtedness is generally described as follows: To finance the construction, expansion, rehabilitation or purchase of certain public facilities consisting of the types of facilities described in Exhibit A hereto; and appurtenances and appurtenant work and incidental costs as authorized pursuant to Government Code Section 53345.3. For a further description of such facilities, reference is made to the Community Facilities District Report (the "Report") of Willdan/MuniFinancial, the special tax consultant, previously approved by this City Council, a copy of which is on file in the Office of the City Clerk. SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS. This City Council determines that the whole of the District will pay for the above-referenced bonded indebtedness. A general description of the District is as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA), as shown on a map as previously approved by the City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. SECTION 5. BOND AMOUNT. The amount of the proposed bonded indebtedness, including the cost of the facilities, together with all incidental expenses, shall not exceed $2,750,000. SECTION 6. BOND TERM. This City Council hereby further determines that the maximum term of bonds and/or any series shall not exceed forty (40) years, and such bonds may be issued in differing series, at differing times. The maximum rate of interest to be paid on such bonds may not exceed the greater of either twelve percent (12%) per annum or the maximum rate permitted by law at the time of sale of any of such bonds. The bonds, except where other funds are made available, shall be paid exclusively from the annual levy of the special tax, and are not secured by any other taxing power or funds of the District or the City. SECTION 7. ELECTION. The proposition related to the incur'ring of the bonded indebtedness shall be consolidated with the proposition relating to the levy of the special tax, shall be combined into one ballot proposition, and shall be submitted to the qualified voters, together with a ballot proposition to establish an appropriations limit for the District, at a special election to be held on the 7th day of November, 2000, and such election shall be a special mailed ballot election to be conducted by the City Clerk (the "Election Official"). If the combined proposition for the levy of the special tax and the incurring of the bonded indebtedness receive the approval of more than two-thirds (2/3) of the votes cast on the proposition, bonds may be authorized, issued and sold for the purposes set forth herein and the special tax may be levied as provided in the Resolution of Formation. SECTION 8. BALLOT. The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A Shall the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA), County of San Bernardino, 1) incur a bonded indebtedness in an amount not to exceed $2,750,000 to pay for authorized public facilities pursuant to the special tax formula set forth in Resolution No. , 2) levy a special tax to secure such bonded indebtedness, pay directly for such public facilities, replenish any reserve fund, and pay costs of administering such bonds and such district? PROPOSITION B Shall the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) establish an Article XIIIB appropriations limit equal to $2,750,000? SECTION 9. VOTE. The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 10. ELECTION PROCEDURE. The Election Official is hereby authorized to take any and all steps necessary for the holding of such election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, which services shall include, but not be limited to, the following activities as are appropriate to the election: Prepare and furnish to the election officers necessary election supplies for the conduct of the election. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the District. Cause the official ballots to be delivered to the qualified electors or their authorized representatives, as required by law. E. Receive the returns of the election and supplies. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. Canvass the returns of the election. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as result of services performed by the District and pay costs and expenses of all election officials. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PASSED, APPROVED, And ADOPTED this 2000. AYES: NOES: ABSENT: day of William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES Such street, sewer, water, storm drain, landscaping and park improvements within or serving or required as a condition of development of the District as are permitted to be financed by the District by the goals and policies of the City of Rancho Cucamonga regarding the use of the Mello-Roos Community Facilities Act of 1982. THE CITY OF CUCAMONGA S fffRel:x DATE: TO: FROM: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager CONSIDERATION OF A RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS AND CONSIDERATION OF A RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS AND SUBMI'FI'ING PROPOSITION TO QUALIFIED ELECTORS RECOMMENDATION It is recommended that the City Council open the public hearing and take testimony on forming and establishing Community Facilities District (CFD) 2000-02 (Rancho Cucamonga Corporate Park) and authorizing the levy of a special tax in the CFD to finance the acquisition of certain public facilities. During this hearing it is also recommended that the City Council take testimony on the necessity to incur bonded indebtedness and submitting a proposition to the qualified electors of CFD 2000-02. This action is brought to you in accordance with the request of the property owner and pursuant to City policy. BACKGROUND The proposed CFD is being requested by Catellus Development Corporation to fund public improvements related to their development located on the east and west sides of Milliken Avenue, south of Foothill Boulevard and north of Arrow Route (Rancho Cucamonga Corporate Park)). This is the same development where GATX Logistics and Lowe's Home Improvement are located. Attached is a boundary map showing the exact boundaries of CFD 2000-02. These facilities will serve the community by providing needed improvements along Arrow Route, Milliken Avenue and Foothill Boulevard. To help fund these improvements, the developer has requested that a CFD be formed. This request is in APPROVAL OF RESOLUTIONS ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND DECLARING NEESSITY TO INCUR BONDED IDEBTEDNESS AND SUBMITTING A PROPOSITION TO THE QUALIFIED ELECTORS November 1, 2000 Page 2 keeping with the City's policy on CFD formations and all associated formation costs are being borne by the developer. In order to pay for these improvements, a special tax will be levied. This special tax will be on the properties in the CFD only. The special tax is based on the acreage of the property. The maximum annual special tax rate will be $3,896 per taxable acre. The rate for the special tax is consistent with the City policy to insure that the total taxes on any property do not exceed 2%. This special tax rate has been reviewed with the property owner and they are in concurrence with the rate and method of apportionment for the special tax. Finally, in order to finance the facilities in question, it is necessary for the CFD to incur bonded indebtedness. The debt service for these bonds will be paid from the proceeds of the special tax levied in this CFD. No other property owners or residents will be responsible for this debt. It is proposed that the total amount of bonded indebtedness shall not exceed $7,000,000. Before the bonded indebtedness and levy of the special tax can happen, the property owners of the CFD need to vote on the matter. The attached resolution contains the language of the ballot proposition and sets the date for the election as November 7, 2000. It should be noted that there is only one property owner, Catellus Development Corporation, and they are the only qualified elector. The property owner is the party that originally requested the formation of this CFD. If the City Council decides to approve these resolutions then the matter will be put before the property owner for a vote. If the vote is successful, the staff will levy the special tax and sell the necessary bonds to see that these needed public facilities, are financed. These actions are consistent with established City policy on CFD formations and comply with the necessary state regulations regarding these matters. Duane A. Baker Assistant to the City Manager -2- PROPOSED BOUNDARIES COMMUNITY FACILITIES DISTRICT NO.2000-02 (RANCHO CUCAMONGA CORPORATE PARK) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA o~ / '1 UPLA ,,==,= RA, NCHO ,,= ,, =""~ CUCAMONGA !I 2'i,~iii i~ INTERSTATE 10 INDEX MAP !" -- PROJECT LOCATION PROPOSED BOUNDARIES COMMUNITY FACILITIES DISTRICT NO.2000-02 (RANCHO CUCAMONGA CORPORATE PARK) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA FOOTHILL BLVD. (STATE HIGI,-IVVAY) :i ~! ~! ~ "~'~/"~'?' ~ w , LU 0 ...... lr(,___.J. ......... ='F'~ '"~il~ , ARROW ROUTE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-O2 (FiANCHO CUCAMOGA CORPORATE PARK) BOUNDARY LEGAL DESCRIPTION THE FRACTIONAL NORTH WEST QUARTER OF SECTION 7, TOWNSHIP I SOUTH, RANGE 6 WEST, SAN BERNARDIND MERIDIAN, IN THE CITY OF RANCHO CUCAMDNGA,-CDUNTY OF SAN BERNARDIND, STATE DF CALIFORNIAJ ACCORDING TD OFFICIAL PLAT THEREOF. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK), AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has previously declared its intention and ordered the preparation of a Community Facilities District Report relating to the initiation of proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code ofthe State of California (the "Act"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (the "District"); and, WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of the acquisition of certain public facilities and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing on the Resolution of Intention to establish such District; and, WHEREAS, all communications relating to the establishment of the District, the proposed public facilities and the proposed rate and method of apportionment of special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and, WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners of the District, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that: All prior proceedings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. No written protests to the formation of the District or the levy of the special taxes have been received and, therefore, the special taxes proposed to be levied within the District have not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. The District as proposed conforms with the City's goals and policies regarding the establishment of community facilities districts. Less than twelve (12) registered voters have resided within the territory of the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such term is defined in Government Code Section 53317(0 and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the District. The time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. The Board of Directors of the Cucamonga County Water District ("CCWD") and this City Council have each approved a joint community facilities agreement pursuant to the provisions of the Act pertaining to the acquisition of certain water and sewer improvements to be owned, operated and maintained by CCWD. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities District Report for the District (the "Report"), as now submitted by Willdan/MuniFinancial, Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. 2 SECTION 4. NAME OF DISTRICT. The City Council does hereby establish and declare the formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK)." SECTION 5. BOUNDARIES OF DISTRICT. The boundaries and parcels of land for which the public facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses to acquire the authorized public facilities are generally described as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK), as shown on a boundary map as previously approved by this legislative body, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Bernardino, at Page __ of Book __ of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 6. DESCRIPTION OF FACILITIES. A general description of public facilities which are to be financed under these proceedings, are generally described in Exhibit A attached hereto and incorporated herein by this reference. The facilities are facilities which the City Council is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed facilities are necessary to meet increased demands and needs placed upon the City and CCWD as a result of proposed development within the District, and the costs and expenses charged to this District represent the fair share costs of the facilities and services attributable to this District. For a full and complete description of such facilities, reference is made to the Community Facilities District Report, a copy of.which is on file in the Office of the City Clerk. In addition to financing the authorized facilities, the financing of those incidental expenses described in the Community Facilities District Report are also approved and authorized. SECTION 7. SPECIAL TAX. Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in the proposed District, is hereby authorized, subject to voter approval, to be levied within the boundaries of such District. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "B" (the "Special Tax Formula"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to estimate 3 the maximum amount that such person will have to pay. Such special tax shall be utilized to pay directly for the facilities, to pay debt service on authorized bonds to assist in financing the acquisition of such facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds and the District. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Special Tax Formula. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 8. PREPARATION OF ANNUAL TAX ROLL. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: GIS/Special Districts Supervisor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 477-2700, Ext 2567 SECTION 9. SUBSTITUTION FACILITIES. The description of the public facilities, as set in Exhibit A, is general in its nature. The final nature and location of such facilities will be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the facilities described in Exhibit A and any such substitution shall not be a change or modification in the proceedings as long as the facilities serve a function substantially similar to the facilities described in Exhibit A. SECTION 10. ELECTION. This City Council herewith submits the levy of the special tax to the qualified electors of the District, such electors being the landowners in the District, with each landowner having one (1) voter for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that the ballot proposition relating to the levy of the special tax be combined and consolidated with the proposition relating to the incurring of a bonded indebtedness. This Resolution shall not constitute the notice of the election, and the Resolution declaring the necessity to incur the bonded indebtedness shall constitute the notice of the election relating .to the combined proposition on the authorization to incur a bonded indebtedness and authorization for the special tax levy and the proposition to establish an appropriations limit for the District. PASSED, APPROVED, And ADOPTED this 2000. day of AYES: NOES: ABSENT: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk 5 Exhibit "A" Description of Public Facilities The types of public facilities proposed to be financed by the District shall include: Street improvements on public street improvements required as a condition of approval of development of the property within the proposed District; such street improvements to include but not be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. A-] CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-02 (Rancho Cucamonga Corporate Park) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax applicable to each assessor's parcel or portion thereof in the CFD shall be levied and collected according to the tax liability determined by the Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All of the property in the CFD, unless exempted by law or by the provisions of this Rate and Method of Apportionment of Special Tax, shall be taxed to the extent and in the manner herein provided. I. DEFINITIONS "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Acre or Acreage" means the land area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. "Administrative Fees or Expenses" means the actual or estimated costs incurred by the City to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants, legal counsel, corporate paying agents, fiscal agents, and trustees; the costs of collecting installments of the Special Taxes upon the general tax rolls; cost of arbitrage calculation and arbitrage rebates, preparation of required reports; and any other costs required to administer the CFD as determined by the City. "Administrative Services Director" means the Administrative Services Director of the City or his or her designee. "Assessor" means the Assessor of the County. "Bond Share" means the share of Bonds assigned to a Taxable Parcel as A-] specified in Section VI. "Bonds" mean any bonds issued by the CFD or other debt as defined in Section 53317 (d) of the Act incurred by CFD 2000-02. "CFD" means the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park). "City" means the City of Rancho Cucamonga, California. "Council" means the City Council of the City of Rancho Cucamonga acting for the CFD under the Act. "County" means the County of San Bernardino, California. "Debt Service" means for each calendar year, the total scheduled amount of principal and interest payable on any Outstanding Bonds during the calendar year commencing on January 1 of such Fiscal Year. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Indenture" means the bond indenture, fiscal agent agreement, indenture of trust, trust agreement, resolution of issuance of other instrument pursuant to which the Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Maximum Annual Special Tax" means the greatest amount of Special Tax, determined in accordance with Section III, that can be levied in any Fiscal Year on any parcel. "Maximum Special Tax Revenue" means the sum of the Maximum Annual Special Tax for all of the Taxable Parcels in the CFD. "Outstanding Bonds" means the total principal amount of Bonds that have been issued and not retired or defeased. "Parcel" means any County of San Bernardino assessor's parcel that is within the boundaries of CFD, based on the equalized tax rolls of the County of San Bernardino as of January 1 in the prior Fiscal Year. "Parcel's Allocated Share" means the Maximum Annual Special Tax for a Parcel A-2 divided by the Maximum Annual Special Tax Revenue. "Payoff Parcel" means any Taxable Parcel for which a prepayment of the Special Tax Obligation is being calculated pursuant to Section VI. "Reserve Fund" means the total amount held in any bond reserve fund established for the Outstanding Bonds of the CFD. "Reserve Fund Share" is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. "Reserve Requirement" shall have the meaning given such term in the Indenture. "Special Tax" means any tax levied within CFD pursuant to the Act and this Rate and Method of Apportionment of Special Tax. "Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means for any Fiscal Year, the total of (i) Debt Service for such Fiscal Year; (ii) related Administrative Expenses for such Fiscal Year; (iii) any amounts needed to replenish the Reserve Fund to the Reserve Requirement and (iv) the amount, if any, equal to reasonably anticipated Special Tax delinquencies for the current Fiscal Year [subject to the limitations of Government Code Section 53321(d)], less a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture. "Taxable Acreage" or "Taxable Acre" is the area within each Taxable Parcel that is suitable for commercial or other improvements when considering existing easements for streets. The minimum Taxable Acreage in this CFD is 137.38 acres. If the total Acreage of all Taxable Parcels fails below the minimum Taxable Acreage of 137.38 acres, the Taxable Acreage for each Taxable Parcel shall be increased proportionally based on the Acreage of such Parcel until the minimum Taxable Acreage is reached "Taxable Parcel" means any Parcel that is not a Tax-Exempt Parcel. "Tax-Exempt Parcel" means, as of January 1 st of each year, (i) any Parcel owned by a governmental entity, or irrevocably offered for dedication to a governmental entity, (ii) any Parcel which constitutes public right-of-way or which is encumbered by an unmanned utility easement, making impractical its utilization for other than the purpose set forth in the easement, or (iii) any Parcel assigned a zero value by the A-3 II. Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel acquired by a public entity after the adoption of the Resolution of Formation by means of negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall remain a Taxable Parcel, and (ii) if a public agency owning a Tax-Exempt Parcel, including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or other possessory interest in the parcel to a non-exempt person or entity, the Special Tax shall be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. CLASSIFICATION OF PARCELS At the beginning of each Fiscal Year, using the definitions above, the Council shall cause each Parcel to be classified as a Tax-Exempt Parcel or a Taxable Parcel.. III. MAXIMUM SPECIAL TAX RATE The Maximum Annual Special Tax Rate is $3,896 per Taxable Acre. On each July 1, commencing on July 1, 2002, the Maximum Annual Special Tax shall be increased by two percent (2%) of the amount in effect forthe previous Fiscal Year. IV. Vm APPORTIONMENT OF SPECIAL TAX Commencing with the first Fiscal Year for which the Special Tax is levied and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and levy the Special Tax until the amount of Special Taxes levied equals the Special Tax Requirement. The Special Taxes shall be levied each Fiscal Year as follows: (1) The Special Tax shall be levied on each Taxable Parcel in an amount equal to 100% of the applicable Maximum Annual Special Tax; or (2) If less monies are needed to satisfy the Special Tax Requirement, the Special Tax shall be levied proportionally on each Taxable Parcel at less than 100% of the Maximum Annual Special Tax; provided that, the Council may levy an amount in excess of the Special Tax Requirement if all authorized CFD Bonds have not already been issued. MANNER OF COLLECTION Collection of the Special Tax shall be by the County of San Bernardino in the same A-4 manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorera taxes; provided, however, that the City may provide in the Indenture or in the Resolution of Issuance for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners and (ii) judicial foreclosure of delinquent Special Taxes. VI. SATISFACTION OF SPECIALTAX OBLIGATION Property owners may prepay and permanently satisfy the Special Tax Obligation ("Special Tax Prepayment") by a cash settlement with the City as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: The City determines that the prepayment of the Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding. No Special Tax prepayment shall be allowed unless the Maximum Annual Special Tax that may be levied on all Taxable Parcels other than the Payoff Parcel is at least 110% of the maximum annual Debt Service on the Outstanding Bonds. Any property owner prepaying the Special Tax Obligation must pay any and all delinquent Special Taxes and penalties for the Payoff Parcel prior to prepayment. The amount of the Special Tax Prepayment shall be established by the following steps: Step 1: Determine the Maximum Annual Special Tax for the Payoff Parcel based on the assignment of the Maximum Annual Special Tax described in Section III above. Step 2: Divide the Maximum Annual Special Tax for the Payoff Parcel from Step 1 by the Maximum Special Tax Revenue to arrive at the Parcel's Allocated Share. Step 3: Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's Allocated Share from Step 2 by the total amount of Outstanding Bonds issued by the CFD. Step 4:Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. The Reserve Fund Share is equal tothe lesser of the Reserve Requirement or existing monies in the Reserve Fund, A-5 if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. Step 5:Calculate the amount needed to pay interest on the Bond Share from the first Bond interest and/or principal payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from the proceeds of a Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned from the reinvestment of the Special Tax Prepayment less money kept by the City to cover costs from the date of the prepayment until the first redemption date for the Bonds. Step 6: Determine the Total Prepayment Amount by subtracting the Reserve Fund Share calculated in Step 4 from the Bond Share calculated in Step 3, adding the interest amount calculated in Step A.5 and by adding Debt Service not yet paid for the current calendar year to the date of bond redemption and all fees, call premiums, and expenses incurred by the City in connection with the prepayment calculation or with the application of the proceeds of the Special Tax Prepayment. VII. TERM OF "SPECIAL TAX" The Special Tax shall be collected only so long as required to make payments on the Bonds, but in no event shall it be levied after Fiscal Year 2035~2036. A-6 RESOLUTION NO. 2000- RESOLUTION DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000-02 {RANCHO CUCAMONGA CORPORATE PARK) AND A PROPOSITION TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING NOTICE THEREON WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA (the "City Council"), has previously declared its intention and held and conducted a public hearing relating to the issuance of bonds to be secured by special taxes to pay for the acquisition of certain public facilities in a community facilities district, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (the "District"); and, WHEREAS, at this time the City Council desires to proceed to make the determination of necessity to incur the bonded indebtedness, to declare the purpose for such debt, and to authorize the submittal of a combined proposition to the qualified electors of such District, being the landowners of the proposed District, all as authorized and required by law; WHEREAS, all of the qualified electors have waived the time limits specified in the Act pertaining to the conduct of the election and the requirements for impartial legal arguments have also been waived by the unanimous consent of the qualified electors; and WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of time for conducting the election. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION .1. RECITALS. The above recitals are all true and correct. SECTION2. NECESSITY FOR BOND ISSUE. The City Council hereby expressly declares and states that it is necessary to incur a bonded indebtedness as authorize under the terms and provisions of the Act, in order to finance the public facilities described in Exhibit A attached hereto and incorporate herein by this reference. SECTION 3. PURPOSE OF BONDED INDEBTEDNESS. The purpose for the proposed bonded indebtedness is generally described as follows: To finance the construction, expansion, rehabilitation or purchase of certain public facilities consisting of the types of facilities described in Exhibit A hereto; and appurtenances and appurtenant work and incidental costs as authorized pursuant to Government Code Section 53345.3. For a further description of such facilities, reference is made to the Community Facilities District Report (the "Report") of Willdan/MuniFinancial, the special tax consultant, previously approved by this City Council, a copy of which is on file in the Office of the City Clerk. SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS. This City Council determines that the whole of the District will pay for the above-referenced bonded indebtedness. A general description of the District is as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARKE), as shown on a map as previously approved by the City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. SECTION 5. BOND AMOUNT. The amount of the proposed bonded indebtedness, including the cost of the facilities, together with all incidental expenses, shall not exceed $7,000,000. SECTION 6. BOND TERM. This City Council hereby further determines that the maximum term of bonds and/or any series shall not exceed forty (40) years, and such bonds may be issued in differing series, at differing times. The maximum rate of interest to be paid on such bonds may not exceed the greater of either twelve percent (12%) per annum or the maximum rate permitted by law at the time of sale of any of such bonds. The bonds, except where other funds are made available, shall be paid exclusively from the annual levy of the special tax, and are not secured by any other taxing power or funds of the District or the City. SECTION 7. ELECTION. The proposition related to the incurring of the bonded indebtedness shall be consolidated with the proposition relating to the levy of the special tax, shall be combined into one ballot proposition, and shall be submitted to the qualified voters, together with a ballot proposition to establish an appropriations limit for the District, at a special election to be held on the 25th day of October, 2000, and such election shall be a special mailed ballot election to be conducted by the City Clerk (the "Election Official"). If the combined proposition for the levy of the special tax and the incurring of the bonded indebtedness receive the approval of more than two-thirds (2/3) of the votes cast on the proposition, bonds may be authorized, issued and sold for the purposes set forth herein and the special tax may be levied as provided in the Resolution of Formation. SECTION 8. BALLOT. The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A Shall the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK), County of San Bernardino, 1) incur a bonded indebtedness in an amount not to exceed $7,000,000 to pay for authorized public facilities pursuant to the special tax formula set forth in Resolution No. , 2) levy a special tax to secure such bonded indebtedness, pay directly for such public facilities, replenish any reserve fund, and pay costs of administering such bonds and such district? PROPOSITION B Shall the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) establish an Article XIIIB appropriations limit equal to $7,000,000? SECTION 9. VOTE. The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 10. ELECTION PROCEDURE. The Election Official is hereby authorized to take any and all steps necessary for the holding of such election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, which services shall include, but not be limited to, the following activities as are appropriate to the election: Prepare and furnish to the election officers necessary election supplies for the conduct of the election. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the District. Cause the official ballots to be delivered to the qualified electors or their authorized representatives, as required by law. PASSED, APPROVED, And ADOPTED this 2000. AYES: NOES: ABSENT: Receive the returns of the election and supplies. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. Canvass the returns of the election. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as result of services performed by the District and pay costs and expenses of all election officials. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. day of William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES Street improvements on public street improvements required as a condition of approval of development of the property within the proposed District; such street improvements to include but not be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. THE CITY OF I~ANCHO CIJCAHONCA S affRepor DATE: TO: FROM: SUBJECT: November 1, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT Recommenda~on It is recommended that the City approve the attached ordinance and set the matter for second reading at the next City Council meeting. This ordinance is the formal action required to levy the tax in Community Facilities District (CFD) 2000-03 (Rancho Summit). The only voter and property owner in the CFD approved this tax. This ordinance will carry out the action approved by the special election held in CFD 2000-03 on October 11,2000. Background On October 4, 2000, the City Council approved the formation of CFD 2000-03 and authorized the levy of a special tax pursuant to an election of the qualified electors in the CFD. That election was held on October 11, 2000 and was unanimous in approving the levy of the special tax, The special tax will be used to pay the debt service for bonds that will be sold to finance three parks, and various landscaping and beautification improvements within the CFD. In addition, the special tax will also be used to fund the ongoing maintenance of these parks and the other public landscaping in the CFD. Attached to this report is the ordinance along with a copy of the Rate and Method of Apportionment for the special tax. It should be noted that the special tax is consistent with City policy in keeping the overall taxes on any property below 2%. Also, these special taxes were reviewed, approved and subsequently voted on by Page 2 November 1, 2000 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT the property owner. This special tax affects the property within the boundaries of this CFD only (see attached boundary map). The facilities special tax is based on the square footage of the home for residential properties and is based on acreage for non-residential property. The maintenance special tax is based on a per unit amount for developed or subdivided property and a per acre amount for non- residential and undeveloped property. The facilities tax rates are listed in Table 1 and the maintenance special tax rates are listed in Table 2 below. TABLE Land Use Class Residential Floor Area 1 <2,500 Sq. Ft 2 2,500-2,999 Sq. Ft 3 3,000-3,499 Sq. Ft 4 3,500-3,999 Sq. Ft 5 4,000 Sq. Ft and above 6 Non-Residential Property Assigned Facilities Special Tax $243.00 per unit 300.00 per unit 566.00 per unit 998.00 per unit 1,259.00 per unit $2,591.00 per Acre TABLE 2 Land Use Class Developed Property (Classes 1-5) Non-Residential Property Subdivided Undeveloped Property Undeveloped Property Maintenance Special Tax $900.00 per unit 4,462.50 per Acre 900.00 per Parcel 4,462.50 per Acre Because this special tax will fund the construction and maintenance of much needed facilities and parks in the northeast region of the community without an impact to the general fund and other residents or property owners outside of the CFD, your approval is recommended. Respectfully submitted, Duane A. Baker Assistant to the City Manager PROPOSED BOUNDARIES COMMUNITY FACILITIES DISTRICT NO.2000-03 (RANCHO SUMMIT) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA INTERSI'ATE 10 INDEX MAP PROPOSED BOUNDARIES COMMUNITY FACILITIES DISTRICT NO.2000-03 (RANCHO SUMMIT) CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ~ A'Vg~IUE 6UMIdlT A'V19~UE 8C, ALENFt'T HIGHLAND AVENUE ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) (the "District"). The City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2000-03 (Rancho Summit), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Rate and Method") and incorporated herein by this reference. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Rate and Method, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valerem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect Until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Rancho Cucamonga, California, on ,2000; Enacted at a regular meeting of the City Council of the City of Rancho Cucamonga, California, held on the day of ,2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY 2 EXHIBIT A CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Special Tax applicable to each assessor's parcel or portion thereof in the CFD shall be levied and collected according to the tax liability determined by the Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All of the property in the CFD, unless exempted by law or by the provisions of this Rate and Method of Apportionment of Special Tax, shall be taxed to the extent and in the manner herein provided. I. DEFINITIONS "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Acre or Acreage" means the land area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. "Administrative Fees or Expenses" means the actual or estimated costs incurred by the City to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants, legal counsel, paying agents, fiscal agents, and trustees; the costs of collecting installments of the Special Taxes; cost of arbitrage calculation and arbitrage rebates, preparation of required reports; and any other costs required to administer the CFD as determined by the City. "Administrative Services Director" means the Administrative Services Director of the City or his or her designee. "Allocated Share" means, as applicable, the greater of the Assigned Facilities Special Tax for a Parcel divided by the Assigned Facilities Special Tax Revenue or the Backup Facilities Special Tax for a Parcel divided by the Backup Facilities Special Tax Revenue. "Assessor" means the Assessor of the County. "Assigned Facilities Special Tax" means the Special Tax for each Land Use Class of Developed Property as determined in Section III, Table 1. A-1 "Assigned Facilities Special Tax Revenue" means the sum of the Assigned Facilities Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section III, Table 1. "Backup Facilities Special Tax" means the Backup Facilities Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section Ill below. "Backup Facilities Special Tax Revenue" means the sum of the Backup Facilities Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section III below. "Bonds" mean any bonds issued by the CFD or other debt as defined in Section 53317 (d) of the Act incurred by CFD 2000-03. "Bond Share" means the share of Bonds assigned to a Developed Parcel calculated pursuant to Section VI. "CFD" means the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit). "City" means the City of Rancho Cucamonga, California. "Council" means the City Council of the City of Rancho Cucamonga acting as the legislative body of the CFD pursuant to the Act. "County" means the County of San Bernardino, California. "Debt Service" means for each calendar year, the total scheduled amount of the principal of and the interest payable on any Outstanding Bonds during the calendar year commencing on January 1 of such Fiscal Year. "Developed Property" means for each Fiscal Year, all Taxable Property, for which a building permit for new construction was issued after March 1, 2000 and prior to March 1 of the prior Fiscal Year. "Facilities Special Tax Requirement" means for any Fiscal Year, the total of (i) Debt Service for such Fiscal Year; (ii) related Administrative Expenses for such Fiscal Year; (iii) any amounts needed to replenish the Reserve Fund to the Reserve Requirement and (iv) the amount, if any, equal to reasonably anticipated Special Tax delinquencies for the current Fiscal Year [subject to the limitations of Government Code Section 53321 (d)], less any credit from earnings on the bond reserve fund. A-2 "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Indenture" means the bond indenture, fiscal agent agreement, indenture of trust, trust agreement, resolution of issuance of other instrument pursuant to which the Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Maintenance Special Tax" means the amount of Special Tax, determined in accordance with Section Ill, which may be levied for maintenance in any Fiscal Year on Developed Property. "Maintenance Special Tax Requirement" means for any Fiscal Year the total of i) the amount necessary to maintain the authorized facilities as determined by the City Engineer or his/her designee, ii) the amount necessary to pay for the annual costs of administering the maintenance services and the levy and collection of the Maintenance Special Tax, and, iii) an amount necessary to fund an operating reserve for maintenance, unanticipated increases in the cost of providing such maintenance services and unanticipated expenditures. "Maximum Facilities Special Tax" means the greater of the Assigned Facilities Special Tax or the Backup Facilities Special Tax, determined in accordance with Section Ill, which can be levied in any Fiscal Year on any Parcel. "Maximum Special Tax" means the combination of the Maximum Facilities Special Tax, as determined in accordance with Section III, and the Maintenance Special Tax, as determined in accordance with Section Ill. "Non Residential Property" means any Developed Property which is not assigned to Land Use Classes 1 through 5, inclusive. "Outstanding Bonds" means the total principal amount of Bonds that have been issued and not retired or defeased. "Parcel" means any County assessor's parcel that is within the boundaries of the CFD, based on the equalized tax rolls of the County as of January q of the prior Fiscal Year. "Parcel's Allocated Share" means the Maximum Facilities Special Tax for a Parcel divided by the aggregate Maximum Facilities Special Tax for all Parcels. "Payoff Parcel" means any Developed Parcel for which a prepayment of the Facilities Special Tax Obligation is being calculated pursuant to Section VI. "Reserve Fund" means the total amount held in any bond reserve fund established for the Outstanding Bonds of the CFD. A-3 "Reserve Requirement" shall have the meaning given such term in the Indenture. "Reserve Fund Share" means the total Reserve Fund amount multiplied by the Parcel's Allocated Share. "Residential Floor Area" means, for a Parcel of Developed Property assigned to one of Land Use Classes 1 through 5, all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for a Parcel shall be made by reference to the building permit(s) issued for such Parcel. "Special Tax" means the special tax to be levied pursuant to the Act and this Rate and Method of Apportionment of Special Tax in each Fiscal Year on each Parcel of Developed Property or Undeveloped Property within the CFD to fund the Facilities Special Tax Requirement and Maintenance Special Tax Requirement. "Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the Facilities Special Tax or the Maintenance Special Tax, as applicable, for the remaining term of the Facilities Special Tax or the remaining life of the CFD in the case of the Maintenance Special Tax. "Subdivided Undeveloped Property" means lots created by the recordation of a Tract Map and assigned an individual Assessor Parcel number by the Assessor. "Taxable Parcel" means any Parcel that is not a Tax-Exempt Parcel. "Tax-Exempt Property" means not to exceed 27.5 acres of land presently designated on the land use entitlements approved by the City for development within the CFD for public use as parkways, parks and trails. Should any of these areas become subject to private development, they shall become subject to the Special Tax described in Section III, from the time the appropriate public agency acts to permit the property to become available for private development. "Tract Map" means a final subdivision map or parcel map approved by the City to create lots which may be developed in accordance with the approved land use entitlements applicable to such lots. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. A-4 II. III. CLASSIFICATION OF PARCELS At the beginning of each Fiscal Year, using the definitions above, the Council shall cause each Parcel to be classified as Developed Property, Subdivided Undeveloped Property, Tax-Exempt Property or Undeveloped Property and each such Parcel shall be subject to the levy of Special Taxes in accordance with the Section III below. MAXIMUM SPECIAL TAX RATES A. Facilities Special Tax Developed Property Each Parcel's Maximum Facilities Special Tax shall be calculated by using the greater of the Assigned Facilities Special Tax or the Backup Facilities Special Tax. Each Parcel of Developed Property which involves residential development shall be assigned to Land Use Classes 1 through 5 as listed in Table 1 below based on the Residential Floor Area Footage allocated to the dwelling unit constructed or permitted to be constructed on such Parcel. Non Residential Property shall be assigned to Land Use Class 6. TABLE 1 Land Use Residential Floor Assigned Facilities Class Area Special Tax I <2,500 Sq. Ft $243.00 per unit 2 2,500-2,999 Sq. Ft 300.00 per unit 3 3,000-3,499 Sq. Ft 566.00 per unit 4 3,500-3,999 Sq. Ft 998.00 per unit 5 4,000 Sq. Ft and 1,259.00 per unit above 6 Non-Residential $2,591.00 per Acre Property On each July 1, commencing on July 1, 2002, the Special Tax shall be increased by two percent (2%) of for the previous Fiscal Year. Assigned Facilities the amount in effect Backup Facilities Special Tax Taxes may exceed the levels set forth in Table I if the Backup Facilities Special Tax is greater than the Assigned Facilities Special Tax. For Fiscal Year 2001/02 the Backup Facilities Special Tax for Developed Property is $0.063 per Square Foot of lot space. On each July 1, commencing on A-5 July 1, 2002, the Backup Facilities Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. Undeveloped Property The Fiscal Year 2001/02 Maximum Facilities Special Tax for Undeveloped Property shall be $2,979 per Acre or $600 per subdivided lot. On each July 1, commencing on July 1, 2002, the Maximum Facilities Special Tax for Undeveloped Property shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. IV. B. Maintenance Special Tax In addition, each parcel shall be subject to a Maintenance Special Tax as described in Table II TABLE II LAND USE CLASS Developed Property (Classes 1-5) Non-Residential Property Subdivided Undeveloped Property Undeveloped Property MAINTENANCE SPECIAL TAX $900.00 per unit 4,462.50 per Acre 900.00 per Parcel 4,462.50 per Acre The Maintenance Special Tax shall be levied beginning in Fiscal Year 2001/02. On each July 1, commencing July 1, 2002, the Maintenance Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. APPORTIONMENT OF SPECIAL TAX A. Facilities Special Tax Commencing with Fiscal Year 2001/02 and for each following Fiscal Year, the Council shall determine the Facilities Special Tax Requirement and levy the Facilities Special Tax until the amount of Facilities Special Taxes levied equals the Facilities Special Tax Requirement. The Facilities Special Taxes shall be levied each Fiscal Year as follows: First: The Facilities Special Tax shall be levied on Developed Property in an amount up to 100% of the applicable Assigned Facilities Special Tax; Second: If additional monies are needed to satisfy the Facilities Special Tax Requirement after the first step has been completed, the Facilities Special Tax A-6 shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Facilities Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Facilities Special Tax Requirement after the first two steps have been completed, then the levy of the Facilities Special Tax on each Parcel of Developed Property whose Maximum Facilities Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased Proportionately from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Parcel. B. Maintenance Special Tax First: The Maintenance Special Tax shall be levied on Developed Property in an amount up to 100% of the Maintenance Special Tax; Second: If additional monies are needed to satisfy the Maintenance Special Tax Requirement after the first step has been completed, the Maintenance Special Tax shall be levied Proportionately on each Parcel of Subdivided Undeveloped Property up to 100% of the Maximum Facilities Special Tax for Subdivided Undeveloped Property; Third: If additional monies are needed to satisfy the Maintenance Special Tax Requirement after the first two steps have been completed, the Maintenance Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Facilities Special Tax for Undeveloped Property; V. MANNER OF COLLECTION Collection of the Maintenance Special Tax and the Facilities Special Tax shall be by the County of San Bernardino in the same manner as ordinary ad valorera property taxes. The Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the CFD may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners and (ii) judicial foreclosure of delinquent Special Taxes. VI. SATISFACTION OF SPECIAL TAX OBLIGATION Property owners may prepay and permanently satisfy the Special Tax Obligation for the Facilities Special Tax on Developed Property ("Facilities Special Tax Prepayment") by a cash settlement with the CFD as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: A-7 The CFD determines that the prepayment of the Facilities Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding Bonds and any authorized but unissued Bonds. No Facilities Special Tax prepayment shall be allowed unless the Maximum Facilities Special Tax that may be levied on all Taxable Property other than the Parcel for which the Special Tax Obligation is being prepaid is at least 110% of the maximum annual Debt Service on the Outstanding Bonds and any authorized but unissued Bonds. Any property owner prepaying' the Special Tax Obligation for the Facilities Special Tax must pay any and all delinquent Special .Taxes and penalties for the Payoff Parcel prior to prepayment. PREPAYMENT AMOUNT FOR FACILITIES SPECIAL TAX The amount of the Facilities Special Tax Prepayment shall be established by the following steps: Step A. 1: Determine the Assigned Facilities Special Tax and the Backup Facilities Special Tax for the Payoff Parcel based on the assignment of the Maximum Facilities Special Tax described in Section III above. Step A.2: Divide the Assigned Facilities Special Tax for the Payoff Parcel from Step A.1 by the Assigned Facilities Special Tax Revenue. Divide the Backup Facilities Special Tax for the Payoff Parcel by the Backup Facilities Special Tax Revenue. The greater amount calculated in this Step shall be the Payoff Parcel's Allocated Share. Step A.3: Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's Allocated Share from Step 2 by the total amount of Outstanding Bonds issued by the CFD plus the total amount of all authorized but unissued Bonds. Step A.4: Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. The Reserve Fund Share is equal to the lesser of Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Allocated Share. Step A.5: Calculate the amount needed to pay interest on the Parcers Allocated Share from the first Bond interest and/or principal payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from A-8 VI. the proceeds of a Facilities Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned from the reinvestment of the Parcel's Allocated Share from such first Bond interest and/or principal payment date following the current Fiscal Year until such redemption date for the Bonds. Step A.6: Determine the total Facilities Special Tax Prepayment amount by subtracting the Reserve Fund Share calculated in Step 4 from the Bond Share calculated in Step 3, adding the interest amount calculated in Step 5 and by adding Debt Service not yet paid for the current Calendar Year to the date of bond redemption and all fees, call premiums, and expenses incurred by the City in connection with the prepayment calculation or with the application of the proceeds of the Facilities Special Tax Prepayment. Prepavment Amount for the Facilities and Maintenance Special Tax a) Determine the amount to prepay and permanently satisfy the Facilities Special Tax by computing Steps 1 .A through A.6 as described above. b) Add the present value of the Parcel's remaining Maintenance Special Tax payments at the average yield on Bonds issued for the CFD. This shall be calculated by using the current maximum Maintenance Special Tax determined pursuant to Section III.B. increased by 2% annually for 100 years to determine remaining payments. TERM OF SPECIAL TAX Subject to prepayment of the Special Tax Obligation for a Parcel pursuant to Section V, the term of the levy of the Special Tax shall be as set forth below. The Facilities Special Tax shall be collected only so long as required to make payments on the Bonds, but in no event shall it be levied after Fiscal Year 2036- 2037. Taxable Property in the CFD shall remain subject to the Maintenance Special Tax in perpetuity. A-9 Riding the Wave to Success E!ch year, the Community Development Department at Rancho Cucamonga processes approximately 1,000 per- mit applications. In 1999, the City of Rancho Cucamonga issued 3,829 building permits. On November 14, 2000, the City will implement their new automated permit processing system to assist in streamlining this time consuming process. This new system, provided by Tidemark Solutions, will ease the sometimes tedious nature of applying for a permit, tracking the plan reviews, monitoring various inspections and ultimately issuing the permit. The public will benefit from: · Less Forms (and shorter forms!) to Complete - Instead of completing a separate form for each permit or plan check for building, plumbing, electrical, grading, etc., customers will now complete one form. · Flexible System to Meet Changing Business Requirements - As business needs change, the system can be adapted keep pace with the new demands. · Better Application Tracking - Tidemark tracks every appli- cation from submittal through staff review to permit issuance and final inspection. No more paperwork to track down. · Better Customer Support - Status of every application and activity will be at every desktop, allowing all staff mem- bers to provide current information to customers. Come by the City and Ride the Tide to Success! We welcome your comments and suggestions! About Tidemark ince 1984, Tidemark Solutions has been providing innova- tive solutions to streamline government business process- es and manage workflow communication. As a leader in e- government software, Tidemark serves state and local govern- ments by supporting over 1,000 different processes in build- ing, planning, public works, engineering, community devel- opment, licensing, code enforcement, utilities, health trans- portation and many other areas of government. Some of their clients include the cities of Anaheim, Pasadena, Santa Barbara and Torrance. For more information call (206) 287-1713 or visit www. tidemark.com. Learning to Ride the Tide Tah7 City Community Development staff have been hard work learning and experimenting with the new Tidemark system. Rick Gomez, Allen Brock, John Thomas, Kathy Pomella, Dan Coleman Shelley Maddox, Ralph Crane, Tim Fejeran, Sid Siphomsay and Chris Bopko have partici- pated in training classes held by Tidemark. In these sessions, attendees learned to: · Use PERMIT*PLAN menus and toolbars, navigate between portions of program, move around within a screen, and access on-line help · Locate permit information · Create "to do" lists for active permit cases for users · Add new permit cases and proiects to the system · Edit case information and add case "tags" · Track the permit review process by using Activities, Conditions, Valuations, Fees, Case Notes, and People information · Work with parcel records and street addresses; maintain spe- cial land use information with parcel tags and covenant and easement records · Generate standard management reports · Add new users to the system and maintain system security · Add new activities, conditional activities, activity scripts, con- ditions, fees, valuation tables, parcel and case tags, role and license type, validation key values and document integration, set-up information · Set up a forms and reports library Once the basics of the system were learned, then this team went to work to practice their new skills. They had to translate what they had learned into what was required to make Tidemark run effectively at the City of Rancho Cucamonga. This required many days of sitting in front of their computers, entering data into various tables and then testing the restfits of what they had done. Everyone learned a lot through the many practice sessions and agreed they fell off their boards a couple of thnes, before drag- ging themselves back on board. Finally, though, they all agreed '~-ourgUp!" They'nereadytoRidetheTKE City of Rancho Cucamonga / Tidemark Solutions Implementation Project She Scores! You Have to Speak the Language Who's Guarding the Deck? City Cucamonga A Typical Day at the City Accept applications Review or research parcels Route to other departments for review Do a plan review Respond to a complaint Issue a permit Iviove paper!!! Building and Planning workflow jHiiFrnr~j Tidemark brings sixteen years of leadership and inno vation in go vernment so ftwa re to b ear · ~Specialists in enterprise government processes · ~Web-enabling government services ~Bay Area Smart Permits consortium ,~90% of all customers on latest version Nationwide clientele Califorma counties and cities enjoying Tidemark solutions Sar Cc Automated permitting will speed our response to builders and contractors. We currently process multiple forms Building:~!!!! permi't:.!!!i!!! all. Check ..I Completing this single form is all you need to start the process cio, oJ Plan Chee Fau Up to 100,000 B/u__ Over Ioo,000 B~ __ Boilers / Compxes~on M&x 3 Hp./LOO,000 Bm ~ M~x 15 HpISO0,0OO B~ __ VALUATION Store plans, documents, images, drawings, photos In the future you will be able to access the Internet and: ,~Check the status of permit cases · ~Obtain information about existing cases · ~Apply for permits · ~Obtain inspection results · ~Check parcel related information GZS Link to Parcel Ivlaps Inspections Q2072OO~- C~4H*COM (E~H-NONE FEM-COM FEM-NONE FEM-SNGL T H E C ITY 0 F ]~ANCHO CUCAHONGA S fffReport DATE: TO: FROM: SUBJECT: November 1, 2000 Members of the City Council Jack Lam, AICP, City Manager William J. Alexander and Bob Dutton Planning and Historic Preservation City Council Subcommittee CONSIDERATION OF SUBCOMMi m m ~_ES RECOMMENDATION REGARDING LANDSCAPE PROVISIONS IN THE MUNICIPAL CODE RECOMMENDATIONS: We are recommending that staff be directed to bring back to the City Council an ordinance amending the current language in the Municipal Code. It is recommended that the proposed ordinance be similar to the following: · Landscaping shall mean healthy and growing cultivated vegetation common to most residential or commercial property and/or planned drought-tolerant landscaping. · Landscaping shall be maintained in a reasonable manner which shall include, but not be limited to, trimming, weeding, irrigating, fertilizing, mowing, replacing, etc. · That the following be declared unlawful: 1. Vegetation that is dead decayed, diseased, dry, or hazardous. 2. Overgrown vegetation that is likely to harbor such nuisances as rats or vermin 3. Weed or dirt areas exceeding twenty-five (25) percent of any portion of a front, rear or side yard visible from a public way. BACKGROUND: The Subcommittee met on October 9, 2000 to discuss provisions in the Municipal Code regarding landscaping requirements. In 1996, an ordinance was adopted STAFF REPORT: RECOMMENDA'i' iON OF THE SUBCOMMITTEE REGARDING LANDSCAPE PROVISIONS November 1, 2000 Page 2 (Sec. 17.08.070) requiring "Substantial landscaping in front, rear and side yards visible from an abutting street or alley." The term substantial landscaping has caused confusion both for property owners and staff. Respectfully Submitted, William . exander, WJA:BD:WNM:Ic Respectfully Submitted, Bob Dutton, Planning and Historic Preservation City Council Subcommittee -2-