HomeMy WebLinkAbout2000/11/01 - Agenda Packet CITY
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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).
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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
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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)
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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
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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.
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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
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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.
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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
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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
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City Council Agenda
November 1, 2000
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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
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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
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City Council Agenda
November 1, 2000
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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)
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City Council Agenda
November 1, 2000
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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
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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. ANT.
~ CHECK8 OVERLAP
2110 DEPARTMENT OF ROTOR VEHICLES CLASS man LICENSE 168136~ 66.00-
(<< 168135 - 152129
61269 GEO NATZC BUSINESS LICENSE REFUND '152130~ 36.50-
<(< 152131 - 153582 )))
61306 DE LA O, DORIS RECREATION REFUND 153583 60.00-
(<< 153584.- 156697
410 THURNOND,KIM RECREATiON-REFUND 166698~ 90.00
((( 156699 - 156776 )>)
6661 DEL NECHANZCAL SERVICE ~ REPAIR i 156775 815.88-
(<( 156776 - 156882 )))
2987 PHOENIX GROUP INEORMATION SYSTEMS MONTHLY SERVICE # 156883~ '602o15-
<<< 156886 - 156967 >))
1226 UNITED PARCEL SERVICE UPS SERVICE I 156968 180.76-
((( 156969 - 156993 )))
611 TESTA, BRIDGET MAINTENANCE SUPPLIES 8 1569960 155o00
((( 156995 - 156996
390 PHOENIX AIRPORT MARRIOTT EAP DEPOSIT 156997~ 821.68
390 PHOENIX AIRPORT MARRIOTT EAP DEPOSIT 156598~ '696.69
((( 156999 - 157000 )))
359 3 OAT BLINDS, INC. 173 BUSINESS LICENSE REFUND 157001 27.07
6671 ST.EQUIPMENT CDHPANYe INC. OFFICE EQUIPMENT; 157002 781,11
362 A G J CHEESE CO. BUSINESS LICENSE REFUND 157003 6.00
2732 ABC LOCKSMITHS MAINTENANCE SUPPLIES e 157006 1,170.63
6309 ADAMSON, RONALD INSPECTION SERVICES I 157005 1,186.00
6628 ADLER PUBLIC AFFAIRS PROFESSIONAL SERVICES 157006 8e888.00
5231 AEF SYSTEMS CONSULTING, ZNC. PROFESSIONAL SERVICES 157007 6,675,00
368 ALEXANDER'STEEL SALES, INC. BUSINESS LICENSE REFUND 157006 160.00
6199 ALL AMERICAN ASPHALT PROGRESS.PAYMENT 157009 Z59e636.66
366 ALLSTAR ROOFING BUSINESS LICENSE REFUND 157010 63.00
363 ALLURA FARM DAIRY BUSINESS LICENSE REFUND 157011 26.29
17 ALTA FIRE EQUIPMENT CO, SERVICE/SUPPLIES 157012 159o05
5650 ALTA LUNA PSYCHOLOGICAL ASSOCIATES PROFESSIONAL SERVICES 157013 3,700.00
6356 AMAZON.CON UNIFORM APPLICATION REFUND 157016 1,500.00
1630 AMERICAN BUSINESS FORMS OFFICE SUPPLIES 157015 670~85
369 AHERICAN FUNDING ALLIANCE BUSINESS LICENSE REFUND 157016 21.00
560 AMERICAN HEAVY MOVING & RIGGING BUSINESS LICENSE REFUND 157017 68.50
5807 ARCHITERRA;DESIGN GROUP PROFESSIONAL SERVICES I 157018 2,118.20
4102 6 i K ELECTRIC NHOLESALE MAINTENANCE SUPPLIES 8 157019 2,802.35
630 BATES, AMANDA RECREATION REFUND 157020 29.00
370 BELL COURT DEVELOPHENT BUSINESS LICENSE REFUND 157021 ZO.O0
6641 BEST BUY CO., ZNCo OFFICE SUPPLIES 157022 272.51
1267 BLAKE PAPER CO., INC. RECREATION SUPPLIES 8 157023 168.66
372 BLUE HAVEN POOLS BUSINESS LICENSE REFUND 157026 159o52
((< 151025 - 157025
4369 BRODART BOOKS LIBRARY SUP*LIES I 157026 .491.53
5959 BUSINESS WEEK SUBSCRIPTION 157027 37.95
6713 CALIFORNIA OVERNIGHT RECREATION REFUNDS I 157028 18,00
377 CENTRAL JENELR7 MART& COIN EX CHANGE BUSINESS LICENSE REFUND 151029 93.94
570 CHICAGO TITLE INSURANCE COMPANY PROFESSIONAL SERVICES 157030 600.00
375 COCO*S RESTAURANT 1503 BUSINESS LICENSE REFUND 157031 65,68
\'130 COMPUTER SERVICE CO SIGNAL MAINTENANCE/SUPPLIES I 157032 9~520.00
CITY OF RANCHO CUCANUNGA
LIST OF UARRANT5
FOR PERIOD: 10-11-00 CO0101)
RUN DATE: 10112/00 PAGE: 2
'VENDOR NAME ITEM DESCRIPTION WARR NO WARR, ANT.
378 COVZ CONCRETE CONSTRUCTZONw ZNC,
85
2478
367
3698
6661
6366
839
3876
3875
6205
977
320
631
3366
3616
229
6916
5521
5917
6161
186
432
5928
6232
6560
3992
6913
5387
6686
6236
5699
462
6726
1667
5133
6254
908
92
6565
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6128
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392
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CUCANONGA CO MATER DIST~
DAPPER TIRE CO
DAY-TZNERS, /NC,
DEALERS AUTO TRZN
DEL MECHANICAL
DENCOm ZNCo
DIETERICH INTERNATIONAL TRUCK
DIVERSIFIED AOVERTTSXNG NOVELTIES
DUNN-EDUAR~S CORPORATION
DYNAMIC GRAPHICS, ZNCo
E S R Im INqo
EASTINs KELLY
EZCHNANN, DON
EIGHTN AVENUE GRAPHICS
ELITE TOWING
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EXCLUSIVE EMAGES
EXPERZAN
FASTENAL COMPANY
FAXON CO,e THE
FIELDNAN9 ROLAPP 6ASSOCIATES
FUERTE2 TRACIOR SERVICE, CARLOS
G E SUPPL7
GAOABOUT TOURSs, ZNC
GALE GROUP, THE
GZSBY'S FENC/NG NATERIALS
GRDLTER EDUCATIONAL CORPo
GST TELECONw INC,
GUARDIAN
HRS USA
HARALAN805 BEVERAGE COMPANY
HCS-CUTLER STEEL
HI-WAY SAFETY, ZNC.
HOBART CORPDRATTON
TAAN
18M CORPORATION
INLAND NEDZATZON 80ARD
INLAND VALLEY DAILY BULLETIN
JOHNSON. CHARLOTTE
JON°S FLAG'S & POLES
K,E,Co ENGINEERING
KELLY EQUZPMENT
KERLAN-JOBE ORTHOPAEDIC CLINIC
KING, L.D,
KINGS AUTO NRECKZNG
KOCH NATERZALS CONPAN7
KGNGe SOPHAK
Lea, SIGNALe
LA PETITE ACADENT ZNC
PLAN CHECK
~r~ CHECKt OVERLAP
157033 186o30
((( 157036 - 157037
RONTNLY NATER BILLINGS t 157038 36,744.37
VEHICLE MAINTENANCE/SUPPLIES 157039 h361,61
OFFICE SUPPLIES 157060 61.66
VEHICLE MAINTENANCE 157061 150.00
SERVICE ~ REPAIR e 15706Z 3,534.59
OFFZCE SUPPLIES I 157063 lO6.BA
VEHICLE MAINTENANCE 8 157066 58°72
OFFICE SUPPLIES 157065 5,689.01
MAINTENANCE.SUPPLIES I 157046 87°73
OFFICE EQUIPMENT 157067 58,95
SOFTMARE SUPPORT FEES I 157068 1,292o86
REFUND 157069 75°00
BUSINESS LICENSE REFUND 157050 A6.18
OFFICE $UPPLIES I 157051 215o93
TOWING'SERVICE I 157052 300°00
IRRIGATION SUPPLIES I 157053 120.55
OFFICE SUPPLIES 157056 28°00
PROFESSIONAL SERVICES 157855 80.00
MAINTENANCE SUPPLIES 8 157056 80°24
LIBRARY SUBSCRIPTION 157057 58e98
PROFESSZONAL 5ERVXCES I 157058 5,676o98
REGISTRATION 157059 175o00
MAINTENANCE SUPPLIES I 157060 3t109,36
RECREATION 157061 459.00
LIBRARY BOOKS I 157062 481o35
NA/NTENANCE SUPPLIES I 157063 13,500.00
LIBRARY SUPPLIES 157064 191.39
INTERNET SERVICES 157065 1,283oZ7
MEDICAL PREMIUM 157066 1,826o30
BUSINESS LICENSE REFUND 151067 69.97
RECREATION SUPPLIES 157068 270~30
EQUZPNENT MAINTENANCE 157069 125.61
MAINTENANCE SUPPLIES 157070 700,38
MAZNTENANCE SUPPLIES 157071 35.71
NENBERSHZP DUES 157072 290.00
MAINTENANCE SUPPLIES .157073 705.00
LANDLORD/TENANT DZSPUTE RESOLD 157076 ZZ,50
SUBSCRIPTIONS I 157075 309,92
SUBSCRIPTION RENENAL 157076 156.00
RECREATION SUPPLIES 157077 62,88
RECREATION REFUND I 157078 18.680.00
VEHICLE SUPPLIES 157079 210,05
BUSINESS LICENSE 157088 23.00
PROFESSIONAL SERVICES 157081 13,070.06
BUSINESS LZCENSE 157082 17.00
MAINTENANCE SUPPLIES V 157083 81.10
BUSINESS LZCENSE REFUND 157084 480,00
PROFESSIONAL SERVICE 157085 117,322.02
BUSZNESS LICENSE 157086 10.00
CITY OF RANCHO CUCANONGA
LIST OF MARRANTS
3, FOR PERIOD: 10-11--00 C00101)~
RUN DATE: lo/12/oe PAGES 3
VENDOR NAME ITEM DESCRIPTION NARR NO NARR. ANT,
· = CHECKB aVERLAP
396 LA SIGNAL ZNC VEHICLE MAINTENANCE 157087 18,75
1075 LAB SAFETY SUPPLY MAINTENANCE SUPPLIES 157088 106,29
193 LAIRD CONSTRUCTION CO ~PROFESSIONAL SERVICES I 157089 6t808.50
5199" LASER LINE LIBRARY 157090 610o94
6667 LASTING IMPRESSIONS PRINTING CO, MAINTENANCE SUPPLIES 157091 719o77
8A9 LAN$ON PRODUCTS, Z N Co NAZNTENANCE SUPPLIES 0 157092 932,25
397 LL CALIFORNIA SPORTNEAR HONTHLY COMPUTER CONTRACT 157093 16,50
1655 LONG°S DEUGS FILM PROCESSING O 157094 36°86
5662 LOS ANGELES COCA COLA 8TL. CO, RECREATION SUPPLIES 157095 190,21
200 LOS ANGELES TINES SUBSCRIPTION 157096 18.60
1028 MCNASTER-CARR SUPPLY'COMPANY MAINTENANCE SUPPLIES 157097 155.06
2266 NAPA AUTO PARTS VEHICLE MAINTENANCE i 157098 577,96
6687 NATION'S RENT SETTLEHENT OF CLAER I 157099 207,96
766 NATIONAL DEFERRED~ DEFERRED CONP 157100 ZeA29,O0
398 NAVE CNIROPRACTZC BUSINESS LICENSE 157101 23,00
6139 NENSMEE· SUBSCRIPTION 157102 53°00
433 NZXON-EGLI EQUIPMENT VEHICLE HAINTENANCE I 157103 174,90
5428 NOLO PRESS LIBRARY SUPPLIES 157104 31e66
600 OFFICE DEPOT I 910 BUSINESS LICENSE 157105 65,99
6584 OLZVA, PMILIP RECREATION REFUND I 157106 160,00
232 OMNITRANS BUS PASSES 157107 306,00
4200 DRCO BLOCK CO. 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
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(VILLAGE
COMMERCIAL)
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jCTION
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\ VACANT I,,z:,,:2
\/('VILLAGEI[l:lSFD ~ i ~ ~.T
~oMMERc, AL)~ u'O'R'~., ~ "'./ /.:
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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:
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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:
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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
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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-
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MMUNI'I'Y FACILITIES DISTRICT
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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.
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"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.
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"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
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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.
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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
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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.
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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
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UPLA ,,==,= RA, NCHO ,,= ,, =""~
CUCAMONGA
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INTERSTATE 10
INDEX MAP
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-- 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)
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...... lr(,___.J. .........
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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-