HomeMy WebLinkAbout666 - Ordinances ORDINANCE NO. 666
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA
CALIFORNIA, AFFIRMING THE ENVIRONMENTAL IMPACT
REPORT AS CERTIFIED BY THE COUNTY OF SAN BERNARDINO
AND CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT (SEIR) AND STATEMENT OF OVERRIDING
CONSIDERATIONS AS PREPARED BY THE CITY OF RANCHO
CUCAMONGA AND APPROVING DEVELOPMENT AGREEMENT
NO. 01-01, A DEVELOPMENT AGREEMENT BE'rlNEEN THE CITY
OF RANCHO CUCAMONGA AND A & J RESOURCES, INC. FOR
THE PURPOSE OF DEVELOPING AN APPROXIMATELY 240-
ACRE SITE WITH UP TO 632 RESIDENTIAL LOTS, FOR
PROPERTIES GENERALLY LOCATED BETWEEN DAY CREEK
CHANNEL AND ETIWANDA AVENUE NORTH OF 25TH STREET -
APN: 225-071-37, 48, 50, AND 51,225-081-09, 14, AND 15.
A. RECITALS.
1. California Government Code Section 65864 now provides, in pertinent part,
as follows:
"The Legislature finds and declares that:
a) The lack o~ 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."
2. 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..."
Ordinance No. 666
Page 2 of 49
3. 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..."
4. "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein
by this reference is proposed Development Agreement 01-01, concerning
that property generally located between Day creek Channel and Etiwanda
Avenue north of 25th Street as legally described in the attached Development
Agreement. Hereinafier in this Ordinance, the Development Agreement
attached hereto as Exhibit "A" is referred to as the "Development
Agreement."
5. On June 13, 2001, the Planning Commission of the City of Rancho
Cucamonga held a duly noticed public hearing concerning the Development
Agreement and concluded said hearing on that date and recommended
approval through adoption of its Resolution No. 01-64.
6. On July 18, 2001, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing concerning the Development
Agreement.
Z. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. ORDINANCE.
The City Council of the City of Rancho Cucamonga does hereby ordain as follows:
SECTION 1: This Council hereby specifically finds that all of the facts set forth in
the Recitals, Pad A, of this Ordinance are true and correct.
SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed
a Supplemental Environmental Impact Report as certified by the
City of Rancho Cucamonga as legally sufficient for the Rancho
Etiwanda Estates Development Project.
Ordinance No. 666
Page 3 of 49
SECTION 3: The City Council finds that individual and cumulative adverse
impacts generated by the Project will be mitigated to the extent
feasibte through the Mitigation Measures contained in the
Supplemental Environmental impact Report (SEIR). Irrespective
of these measures the City Council finds that some impacts
cannot be feasibly mitigated to a level of non-significance. In
addition, the City Council finds that the Project may result in
significant individual or cumulative impacts, which have not been
identified at this time. The City Council finds that the benefits
provided by the Project, as described in the SEIR, will outweigh
any adverse impacts caused by the Project. These benefits are
found by the Council to include the following, based upon
information in the SEIR, and as provided by the applicant in public
testimony at the above-referenced meetings and hearings:
(a) The property owner's agreement to enter into a
Development Agreement in regard to the development
of the Rancho Etiwanda Estates project;
(b) The property owner's agreement to financially
participate in the development of community Level
Park, recreation and equestrian facilities;
(c) The provision of necessary roadway improvements to
complete the backbone system in the northeastern
portion of the City, and County areas; and
(d) The local application of zoning and development
performance standards.
SECTION 4: Based upon substantial evidence presented during the above-
referenced public hearing on July~l~.;."20'01, including'wtit_ten and
oral staff reports, together with 'public testimony, this CounCil
hereby specifically finds as follows:
a) The location, design, and proposed uses set forth in this
Development Agreement are compatible with the character
of existing development in the vicinity.
b) This Development Agreement shall not become effective
until General Plan Amendment 01-01D, and Etiwanda
North Specific Plan Amendment 01-02 have been
reviewed and approved by the City Council.
SECTION 5: It is expressly found that the public necessity, general welfare, and
, .: .~ good,. z, oning practice require the approval of the Development
Agreement.
SECTION 6: This Council hereby approves Development Agreement 01-01,
attached hereto as Exhibit "A."
Ordinance No. 666
Page 4 of 49
SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published within 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.
PASSED, APPROVED, AND ADOPTED this 1st day of August 2001.
AYES: Alexander, Biane, Curatalo, Willjams
NOES: None
ABSENT: Dutton
ABSTAINED: None ~_I¢~
ATTEST: "'/
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 18th day of July 2001, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
1st day of August 2001.
Executed this 2"d day of August 2001, at Rancho Cucamonga, California.
[~ebra J. Adam,4~,,/OMC, City Clerk
Ordinance No. 666
Page 5 of 49
RECORDING REQUESTED BY AND
WHEN RECORDED RETDRlq TO:
City Clerk
City ofRancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
(Space above for Recorder's Use Only)
DEVELOPMENT AGREEMENT
By and Between .
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA
and
A & J RESOURCES, INCORPORATED, a California corporation
Dated:, _, 2001
Ordinance No. 666
Page 6 of 49
DEVELOPMENT AGREEMENT BETWEEN THE C11~/OF
RANCHO CUCAMONGA AND
A & J I~SOURCES, INCORPORATED CONCERNING
THE REVISED RANCHO ETIWANDA ESTATES pROJECT
This Agreement (the ,'Development Agreement") is made and ent~ed into this th day of ~ -,
65869.5 ofth~ California Government Code. A & J. and its successors and assig~as, if any, arc referred to
collectively hcrcina~ as the "p~opcx~ Ownc~." The CITY and. A & ]. arc collectively referred to herein as the
CITY to cntc~ into binding development ag/ecm~nts with persons having legal ot cquita~a[~ imc~sts i~ real
in order to establish development fights with respect the~to.
. · ' Government Code authorizes I!~ CITY to cnt~ into a ~iuding
B. Sect~on65865Co)oft~cCal~forma ' · ' unjnco ~atedte~ntopj~utaXsowith~nClTY's
development agreement with ~cspect to ~al.pr~t~ dcvelo mcnt agreement is condifloned upon
D~ve|opmcnt Agrecrc~t* ' a ~oximately Two Hundred Fafi7 Eight (248) ac~cs of real
p~opefiy |ocatcd cn~xc[~ ~thin th~ C. c~itc" p~vious|7 the p~oject Site was subject to land
(thc,,UnjvcrsitT/C~estpD,,). Th~Unive~sitT/C~estPDcnfltlex~atsc°mbin~dtw°seParatclY°wn~dPr°Pefiies'with
1,2~8 ~esidc~tial units, commercial development, school, park and open space of 1 ,! 11.29 ac~es. The P~oject Site
the Crest portion of the Univ¢~siW/Crest PD.
D. propere] Own~ has ~cnamcd the p~ojcct Sit~ (the form~ "R~vis~d Crest project") to the present
naw.~ "Rancho Etiwanda Estates").
E. On Fcbrua~ 26, 2001 City St~ff delivctsd a Letter supporting conditions of th~ Rancho Eliwanda
Estates p~oject citing Cil7 anncxalion oftl~ project and project requirements including Supplemental
Environmental Impact p, epofi (SE1R"), Amendment of the City G~n~ral plan, Amendment of the Eliwanda North
Specific plan, Tentative Tract Maps, Tentalive pa~cc| Map, and Devc|opment Ag~exnent-
· ' o enacted by the CITY om ,2001 (the
' , ; ....
th~ p~opgrq Ownen and (v) will p~ovidc four orderly ~rowth and dcvclopm~t of th~ CITY consistent with the
CITY's General plan.
Ordinance No. 666
Page 7 of 49
A~reement · ve recitals and the mumnl promises and covenants of the
NOW, THEREFORE; in consideration of the abo ,
parties, end for other good end valuable consideration, the receipt end sufficiency of whjch is hereby acknowledge&
the parries agree as follows:
Section 1. GENERAL p~ROVISIQNS
A. Effectiveness of Development A~eement
Noiwith;tnnthng ~ee'effective date of the Enacting'Ordinance, this Development Agreement shall only
M~nager for · period of not more thnn Ninety (90) days:
(i) The project Site has been annexed to the CITY and said annexation is final as to any and
all administrative actions, and is not then subject to judicial challenge; end
plan, and SEIR (ii) The project, City General Plan Amendment, Amendment to Etiwande North Specific
have been approved by City and all entitlement~ have been issued for collation by Developer.
Agreement is terminated, modified or extended by circm'astnnces set forth in this Development Agreement,
including, without limitation, the extensions provided below ~nd any extension amibutable to the "force mejeure"
circumstances described in Sec~on 2D5 hereof or by mutoal vai~en consent of the parties.
those stz~ctoxes shall continue to be goven~ed by this Development Agreement for pu~oses of ensuring, fo~ land use
purposes, that those structures continue to be legal conforming strucuffes and that those uses continue to be legal
conforming uses.
corporation o~ other entity ~t any time dm'ing the term of this Devalopn~.ent Agreement, and to the extent of each
such Transfer, the txansferor shall be relieved of it~ legal duty to perform such obligations as to the Transfer . .
proper~]under this Development Agreement at the time of the Transfer, except to the extent p~openy Owner ~s m
Default, as deemed in Section 3C hereof, of any of the terms of this Development A~eement when the Transfer
Ordinance No. 666
Page 8 of 49
3
If all or a portion of the Project Site is Transferred and there is noncompliance by the Uansferee
owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to
any portion of the Project Site not sold or Transferred, such noncompliance shall be deemed a breach of this
Agreement by that transferee or transferor, as applicable, but shall not be deemed to ha a breach hereunder against
other parsons then owning or holding any interest in any other portion of the Project Site and not themselves in
breach under this Development Agreement. Any alleged breacli shall be governed by the prov!sinns of Section 3C
hereof.
In no event shall the reservation or dedication of a portion ofthe Project Site to a public agency
cau~ a Uansfer of duties and obligations under this Development Agreen~nt to such public agency unless
specffically stated to be the case in this Development Agreement, any of the exhibits attached to this Development
Agreement, the insmunent of conveyance used for such reservation or dedication, or other form of agreement with
such public agency.
Property Owner shah notify the CITY not less than thirty (30) days before any such Transfer, and
such notice shall contain all material information regarding the contemplated Transfer, including but not limited to
the identity of the transferee, and the material terms of such contemphted Transfer including as AssiEnment and
Assumption of Development Agreement as to the Transfer property ("Assumption") to be executed by Tnmsferee
and delivered to City upon Transfer. Upon City notification as described above, delivered by Property Owner, the I
City Manager shall review transfer. The Transfer shall be deemed approved by City, subject to delivery at closing
of the Assumption, without any additional govermm:ntal review or actiota
D. Amendment of A~eement
This Development Agreement may be amended from me to time by mutual consent of the Parties
in accordance with the provisions of Government Code Sections 65867 and 65868. Notwithstanding anytiring stated
to the contrary in this Development Agreement, the Parties may enter into one or more implementing agreements, as
set forth below, to clarify the intended application or interpretation of this Development Agreement, without
amending this Development Agreement.
property Owner and the CITY acknowledge that the provisions of this Development
Agreement require a close degree of cooperation between Property Owner and the CI~Y and that, in the course of
the development of the Project Site, it may be necessary to supplement this Development Agreement to address the
details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes oftIris
Development Agreement and the intent of the Parties. If and when, from time to time, the Parties fred that it is
necessary or appropriate to clarify the application or interpretation of this Development Agreement, without
amending the Development Agreement, the Parties may de so through one or more implementing agreemeats (the
"Implementing Agreement"), winch shah be executed by the City Planner and by an authorized representative of
Property Owner. At~er execution, each Implementing Agreement shall be attached us an addendure and become a
part of this Development Agreement, and may be further changed or supplemented from time to lime as necessary.
Such Implementing Agreement shall not require the approval of the City Council of the CITY and shag only be
, executedbyth~CityP~anner(~nbeha~f~ftheC~TY)~iftheCityPlannerhusdeterminedthatsuchimp~ementmg
agreements are not materially inconsistent with this Development Agreement, and the applicable ordinances, rules,
regulations and official policies of the CITY in effect at the time of execution oftMs Development Agreement. Any
changes to this Development Agreement which would impose additional obligations on the CITY beyond those
which would be deemed to arise under a reasonable interpretation of tiffs Development Agreement, or winch would
pt~port to change land use designations applicable to the Project Site under the Rancho Etiwande Estates
Enfi~ements, shall be considered "material" and require amendment of this Agreement in accordance with the
provisions of California Goverrffnent Code Sections 65867 and 65868.
Ordinance No. 666
Page 9 of 49
4
Section 2. PLANNED DEVELOPMENT OF THE PROJECT
A. Land Use Entitlemerits
The Land Use Entitlemeats are depicted on the Land Use Plan attached hereto as Exhibit "B".
Land Use Enfitiements refers to the approval ofthe Development Agreement. The parties acknowledge that,
without being obligated to do so, property Owner plans to develop the Project Site in substantial conformity with the
Rancho Efiwanda Estates Project Entitlerecurs as approved by this Developmere Agreement. During the Term, the
penrotted uses for the Project, or any po~ion thereof, the density and intensity of use, zoning, maxunum height and
size of proposed buildings, building and yard setback requirements, provisions for seser,,ations or dedications,
design and performance standards and other tenm and conditions of development of the Rancho Etiwanda Estates
Project, shall be those set forth in the Rancho Efiwanda Estates Project Enfifiements as approved by this
Development Agreement. The specific terms of this Developwent Agreement shall supercede and be controlling
over any conflict and/or inconsistency with the Rancho Etiwanda Estates pwject Enfitlements.
The Parties acknowledge and agree that the total number of lots in the approved tracts total 632
lots and that lots may be shifted between tracts without increasing the overall number of lots and be in substantial
conformity with the Rancho Efiwanda Estates Project F~ntiflementa as approved by this D~velopment Agreement.
The CITY planner shall exercise his reasonable discretion to review transfers of lots between tracts and make the
deternnnatinn of substantial compliance.
Other cemin specific modifications of the Rancho Etiwanda Estates Project Entitlements to which
the Parties agree are set forth below. All Exhibits attached hereto constitute material provisions of the Development
Agreement, and are incorporated herere.
B. Rules and P. eEulations
Pursuant to California Government Code Section 65856 and ¢ntcept as otherwig explicitly
provided in this Development Agreement, the ordinances, rules, regulations and official policies governmg
permitted uses of the Project Site, the density and intensity of such uses, and design, improvement, and construction
standards and specifications applicable to development of the Project, shall be the Rancho Efiwanda Estates project
Entifiements and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations
and official policies, but only to the extent that they are consistent with the Rancho Efiwanda Estates Project
En~tlements, as modified and/or amended by this Development Agreement (the "Existing Laws"), except that the
CITY's street improvement, lighting, storm drain, and America With Disabilities Act ("ADA") standards shall be
followed, and the landscape standards applicable shall be those specified in this Development Agrecnlent, and/or the
CITY's standards. In the event of any conflict between the CITY's ordinances, xuies, regulations and official
policies and the Existing Laws, then the Existing Laws shall contxoL The CITY shah not be prevented in
subsequent actions applicable to the Project, from appfymg new ordinances, rules, regulations, and policies m effect
("Future Policies") to the extent that they do not conflict with the Existing Laws, Such conflict shall be deemed to
occur if, without limitation, such Future Policies:
(i) modify the permitted types of land uses, the density o~ intensity of use, the maximum
height or size of proposed buildings on the property, building and yard setback requirements, or impose
requirements for the constnlctinn or provision of on-site or off-site improvements or the reservation or dedication of
land for public use, or the pa3nnent of fees or the imposition of exactions, other than as we in each case specifically
provided for in this Development Agreement;
(ii) prevent the property Owner from obtaining all necessary approvals, permits, certificates
or other entitlemerits at such dates and under such circumstances as the Property Owner would otherwise he entitled
under this Development Agreement;
Ordinance No. 666
Page 10 of 49
(iii) prevent or inhibit Property Owner fxom commencing, continuing and finishing on a
timely basis the construction and development of the Project or timely satisfaction of property Owner' s obligations
under this Development Agreement, in the manner contemplated by this Development Agreement; end/or
(iv) render eny conforming use oftbe projeet Site a non-conformmg use or any sttiacture on
the Project Site a non-conforming structure.
C. Desland Infrast~tcture Issues
1. _coated CormxmmW
Rancho Etiwanda Estates is approved as a private gated coramunity,
including formation of a Homeowners Association which shall own end be responsible
for n'~tntenance of common area streets and related pm~poses, drainage facili6es, ratarim
detention basin, utility easements, lendstaping and walls within Rancho Etiwanda
Estates.
Street Sections
~he CITY desires that the design of Day Creek Boulevaxd street sections be mothfled for
the Rancho Etiwanda Estates Project Entitlemems, to accommodate a wider landscape setback along the east and
south side of Day Creek Boulevard. Property Owner agrees to modify the design of stteet sections as depicted on
Exhibit,~C_l","C_2","C-3"and "C-4"". The improvements for Day Creek Boulevasd shall be reviewed and
approved by the City Planner end City Engineer.
3. Dry Utilities
The Raneho Etiwanda Estates Project Entitlemerits do not require that Burd vaults be
installed end the CITY and Property Owner agree that no Burd vaults will be required throughout the Project Site.
4. LIVID No. 7 SIoI~es
Streetscape plans depicting slopes ( as shown on Exhibits '~D- 1" and "D-2") on Day
Creek Boulevard in Landscape Maintenance Disttict No. 7 C'LMD No. 7" ) shall be reviewed end approved by the
C1TY. 2H: 1V slopes may be permitted for up to Twenty (20) feet in height. Hardseape above the l~il~een (15) foot
height, retaining walls end/or cn'b walls may be used at the discretion of the City planner and City Engineer.
proposed specific slope treaunents winch shall be applied to the slopes in LIVID No. 7 are depicted on Exhibits "D-
1" and '~D-2"
5. Homeowners Association end Private lntract Slopes
lntract sireetscape plans depicting slopes on Homeowner Association and private slopes
shah be reviewed and approved by C1TY. 2H:I V slopes may be penniUed up to Forty Five (45) feet in height may
be used upon review and approval with City Plann~ with retaining walls and/or cn~ walls as approved by the City
Engineer end City Planner. Proposed specific slope treatments which shall be applied are depicted on Exhibits "E-
1", "E-2" and "E-3".
6. Circulation Issues end Fees
a. Transportation FeejTraefic Impacts Analysis
Circulation improvements necessary to serve the area in and around the Project Site,
currently withinthe CITy, ate generallydopieted on Exln'bit"F-l." The CITy agrees to establisha ulrculationfee
for the project depicted on Exhibit" F-9" as am. erhanism to reimburse the Rancho Etiwenda property Owner for
consn'uction of infiastructure in excess of Rancho Etiwanda Property Ownet's fair share. The fee shall be calculated
on a per-acre basis, with the cost of the infrastxuctun~ allocated to the benefitling properties. Exhibit '~F-4" depicts the
benefitring properties end their respective fair share. Exhibit "F-5" through ~F-8" depict the estimated costs of the
infrastructure. Exhibit "F-2" and "F-3" depicts the street eross-seetions. property Owner Shall pay the fee. in
addition, Property Owner will be constructing additional regional transportation improvements depicted on Exhibits
"F-10" and "F-11 ". Upon formation of a Community Facilities District CCFD'') property Owner may include this
cost as part of the CFD financing.
Ordinance No. 666
Page 11 of 49
Rancho Etiwanda Estates shall not be obligated to participate m any fair share conhibution
for Transportation Impact Analysis Fees ("TIA") to City for uansportation improvements within City.
b. Other Circulationl__n~lrovements
The CITY has requested and the ProperW owner has agreed to:
(i) Consuuct Day Creek Boulevard from the northerly terminus of Rancho Etiwanda to
Etiwanda Avenue, as depicted on Exhibit "C-I" and to complete the work by the date of issuance of the 150~
building permit on the Property or first certificate of occopancy or to the satisfaction of the City Engineer.
(ii) ConatructEtiwandaAvenuefromthesoutheasternboundaryoftheRanchoEtiwanda
Estates Project, north to Day Cl~ek Bivd, as depicted on Exhibit "C-1" and to complete the work by the date of
issuance of the 150th building permit on the Propen'y or first certificate of occupancy or to the satisfaction of the City
Engineer.
(iii) ffedjacentprojectsfailtoextendDayCreekBoulevardfromStateRoute30to
Rancho Etiwanda Estates, Project Owner and CITY will process Developfront Agreement Amendment to address
additional off site infrastructure and acquisition or right-of-way required for ProjecL Project owner will be
responsible for acquiring fight-of-way and constnicting Day Creek Boulevard to State Rou{e 30.
(iv) CITY will support deletion of Etiwanda Avenue north of Day C~ek Bt~ulevasd
depicted on Exhibit "C-1 ". CITY also discourages construction access on Etiwanda Avenue and any interim
constniction access most be approved by City Engineer.
7. Storm Drains/Park Fee/Equestsian Fee
CITY approves consu'uction, by property Owner, of an "intemn Detention Basin" located
as shown conceptoally on Exhibit "G". TheInterirnDetentionBasinshalldedicatedtoCITYandmeintauiedbY
LIviD No. ? until the Project is connected to the completed COUNTY/CrrY storm drain in the funire. Upon
recording of the first final map for the Project, Property Owner shall pay a fee to CITY in the mount of $50,000 for
future Detention Basin improvements. Interim Detention Basin shall be landscaped by Project Owner as depicted on
Exhibit
(i) According to the Rancho Etiwanda Estates project Entitlements, the regional and
secondary pollion of the Etiwanda/San Sevaine drainage fee shall be paid by property Owner to the COUNTY, if
required.
(ii) No CITY swrm drain fees shell apply based upon the construction of project
entitlements, interim detention basin, and construction of storm drain iraprovements by Propen'y Owner.
(tii) Property Owner wig pay City a sum totaling $4,171,200 for park purposes. The
sum will be paid from CFD formation and funding and prior to recording of the first final map.
(iv) properly Owner w~l pay City a sum totaling $632,000.00 (based upon $1,000.00 per
unit calculated upon a minimum 632 housing units) for equestrian ptul3oses The sum will be paid from CFD
fornm~on and funding and prior to recording of the first final map.
li. Grading
The Project is exempt from the CITY Hillside Grading Ordinance and Etiwanda North
Speci~cplangradingrequlrements, propertyOwnerwillcooperatewithCityPlannerandCityEngineertodeveloP
Project grading standards.
9. Development Standards
The Developlrmnt Standards set minimum requirements, however, the intent of the Project
to develop compatible with the CITY's Low Residential District within the Development Code.
(i) _Lot Area: Single Family (SF ?,200 minimum.
Ordinance No. 666
Page 12 of 49
(ii) Width: Sixty (60) feet minimum, measured across building set back line of lot.
Width may vary dependant upon lot size.
(iii) Coverage: Building: 40% maxnnum of lot area for building straetuxes. Paving,
chiveways, patios, or pools shall not be calcuhted as part of building coverage.
(iii) Buildinu Setbacks:
a) From Yard:
Should be staggered with a minimum Eigh~en (18) feet with an avenge of Twenty (20)
feet throughout the Tentative Tract, as measured from the R.O.W.. b) Side Yard:
Fifteen feet minimum building separation is required with mlninlurn Five feet and Ten feet
side yards measured from property lines. c) Rear Yard:
Fifteen feet minimum useable
d) Garage placement:
Where garages are entered from local s~ffeets and the garage doers face the s~eet, be
setback shall be a minimum of Twenty (20) feet from the back of the sidewalk.
Where garages are entered from local steers and the garage doors do not face the street
(side entr/garages ) the setback shall be Ten (10) feet miramum from back of the sidewalk.
Two stox'y Thirty Five feet maximum
(vi) Numberf rio ~jints:
Project entitlemerits shall include Six Hundred Thirty Two (632) housing units.
Ordinance No. 666
Page 13 of 49
10. Design Review process
The'Project shall be subject to CITY design review process with ~he exception of City
Hil~sideGrsdingordinanceandEtiwandaNorthSpeci~cPlangradingrequiremen~s'll' Qpen Space Transfer Plan
Property Owner will laransfer to the County of San Bcrnardino, in fee, 86 acres (V2 of a
172aereparcc~)~f~sit~andf~rp~man~nt~p~nspace~al~ngwiththndthginth~am~unt~f$~l~ toprovide
for long term maintenance of said land. The transfer and funding shah occur upon recording of the first final map of
the PmjecL Other land transfers and timcLing may occur to others as part of open spac~ transfer plan.
hrchitecmral Guideline, _v_._, ----s
D. Timing of Devehipmgnt and ]F~es
Development of Remainder of Proiect Site
~;ither lfr~perty Owner nor Cl'I Y can presently predict when or the rote at which phases
of the project Site shall be developed, since such decisions depend upon nurngrous factors which arc not within the
control of Ptop~ty Owner including, without limitation, market orientation and demand, i~tersst rates, absorption,
cor~etitinn, aM other factors.
The parties acknowledge and ague that property Owner retains flexability unde~ this
Development Agreemant to develop the Project in such order and at such rate and times as are appreprint~ within
the exercise of the Proper~ Owner's business judgment. The CITY further acknowledges that Properly Owner
may desire to market, sell or otherwise arrange for disposition of some or all of the Project Site, prior to
devehipm~nt, and that the rate at which the Project develops wig likely depend upon the business judg~'n~nt of
subsequent owners oftbe Project Site.
2. CITY's Cooperation
CITY sl~ail use good faith, diligent efforts to promptly process and take final action on
any applications for permits or approvals filed by Properly Owne~ with respect to the Project. Such cooperation
shall include, without limitation, (a) using good faith, diligent efforts to process subsequent Development/Design
Review in accordance with state regulations; and (b) pron~p~y processing all mimst~rial permits in accordance with
Section 21 below. Without limiting the effect of any other provision of this Devehipm~nt Agreement, any rutare
regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Project Site
or the extent thereof, shall be deemed to conflict with ProPerl3t 0wner's vested rights to develop the Project tmd~r
this Development Agreement and shall, to that extent, not apply to the development of the project.
Processing and review of development proposals shall be subject to established
in effect in the enti,e C,TY, inchiding Devein,.nt .d De.,,-,pecked in
However, the criteria used in the evaluation of each development proposal shall ha based on the objectives,
policies and specific development standards specified Izrcin.
Ordinance No. 666
Page 14 of 49
3. Force Maieure
Notwithstanding anything to the contrary contained in this Development Agreement,
Property Owner and CITY shall be excused t~om performance of their obligations under this Development
Agreement during any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other
labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fiR, floods,
earthquake, or other casualhes, litigation, acts or neglect of the other patty, economic consideration or any other
cause beyond the reasonable control of CITY or Property Owner, us opphcable. The time of performance of such
obligations as well as the term of this Development Agreement shah automatically be extended by the period of
such delay hereunder.
E. Future Enu~lernants
With respect to any entiflements that property Owner may require in the future, including, without
limitation, tentative lract and pamel map approvals, conditional ~se permits, and Developmenl/Design Review, the
CITY shall retain its thscretionary review authority and the CITY's applicable ordinances, rules, regulations and
official policies. However, any such discretionary review shall be expressly subject to the provisions of this
Develupm. ent Agzeernent and fue CITY may only impose conditions upon such discretionary entitlements which are
cousistent with the Rancho Etiwanda Estates Project Entillements as opproved by this De~;elopmgnt Agreement,
except as otherwise specifically required by state or federal hw.
F. Environmental~view
Other than the mitigation rneasu~s and conditions of approval set forth in the SEIR and the
Ranchn Eliwanda Estates Project Enliflements (and any additional future mitigation programs contemplated therein),
no other mitigation measures for environmental impacts created by the Rancho Eliwanda Estates Project, as
presently opproved and as evaluated in the SEIR, shah be required. In connection with the CITY' s issuance of any
further entitlement (as contemplated in Section 2F above), which is subject to CEQA, the CITY shall promp~y
commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent
permitted by CEQA, the CITY shall use and adopt the SE1R and other existing environmental reporls and studies as
adequately addressing the environlnental impacts of such matter or matters, without requiring new or supplemental
environmental documentation. In the event CEQA requires any additional environmental review, the CITY may
impose additional re, gEms (or conditions) to mitigate, as permitted by CEQA, the adverse environmental impacts
of such future entillements, which were not considered at the time of approval of the Project; provided, however,
that:
(i) Unless required by state or federal law, no new or adthlional mitigation measures shall be
nnpused as a result of any Future Policies; and
(ii) The CITY aglees and acknowledges that the T]A incorporated in the SEll has fully
analyzed the traffic projected to be generated f~om the Rancho Etiwanda Project, and in accordance with all
applicable legal requirements roehiding, without limitation, the TIA Guidelines set forth in the San Bernardinn
County Congestion Management Plan CCMP'), no additional traffic impact analysis shall be required for
development of the Project Site as long as the number of vehicle uips generated do not exceed the vdlicle trips
evaluated in the TIA analysis. In the event and at such time as the Project generates more vehicle trips than
analyzed in the TIA, the CITY may require a new lraffic impact analysis in accordance with such ChIP standards as
may exist at such time. Except in such event (and except fuc such Iraflic circulation/site-access analysis as may be
reasonably required to determine the configuration and alignment of S~reets adjacent or internal to the Project), no
further traffic impact analyses shall be required by the CITY with ruspect to implementation of the Project.
Ordinance No. 666
Page 15 of 49
G. CITY Fees and Mandates by State or Federal Laws
The Pardes acknowledge and agree that the fees and impositions winch n~y potentially be
imVosed by the CITY on the Rancho Etiwanda Estates Project and Property Owner (collectively, "Fees") fall within
one of three categories: (a) fees for processing land me and constoac~on permit applications which are not
otherwise governed by the provisions of Section 66000 of the Government Code (but winch are subject to the
limitations set forth in Sections 66013, 66014 and 66016-66018.5 of the Govenunent Code) (collectively, the
"Processing Fees"); (b) fees ot other monetary exactions which are contemplated under ordinances ot resolutions in
effect as of the date of this Development Agreement and which proport to defray all or a portion of ~ cost of
impacts to certain public facilities, improvements and other amenitiee from development projects, meinding any fees
described in Government Code Sections 66000 et seq. (collectively, the "Existing Fee Categories") (the Existing Fee
Categories include any roeteases, decreases, or other modifications to existing fees, so long as such modified fees
relate to the same category ofin~acta identified in the Existing Fee Categories); and (e) fees or other monetary
exactions winch may be in~osed in the future by the CITY for purposes of defraying all or a portion of the cost of
public facilities, n~provements, or amenities related to development projects, but excluding the Existing Fee
Categories ("Other Fees"). The property Owner's obligation to pay Fees shah be specifically governed by the
following provisions:
1. Processin~z Fees. The CITY may charge planning and Engineering Plan Check and pen~it
Fees and Building Permit Fees winch are in force and effect on a CITY-wide basis at the time of Nen'y Owner's
application for a land use entitlement or a construction t~i,l~L The amount of any processing Fees shall be
determined by the CITY in accordance with all applicable laws including, without limitation; Goverranent Code
Sections 66013, 66014 and 66017-66018.5 (or any successor laws, as applicable). Unless otherwise agreed by
property Owner and the CITY, the ProcessLug Fees assessed Property Owner shall be the same as those imposed
upon other development projects throughout jurisdictional limits of the CITY.
2. Existin~ Fee Categories. As set forth above, the CITY agrees that certain fee categories,
(including, without limita~on, transportation improvement fees, storm drain improvement fees, and park fees) have
been or will be m~t by Property Owner through the construelion of improvements or funding. In consideration of
the conslvaction costs and funding to be borne by property Owner, CITY will not collect a Beauti~caa/.on Fee from
the development of the Rancho Etiwanda Estates Project. Neither Property Owner nor the Project shall be subject to
any additional CITY imposed fees, impositions or monetary exactions with respect to any Existing Fee Categories,
for a period of tan (10) years following the effective date of firs Agreement. The period during winch fees within
any Existing Fee Categories are limited as descn~aed in this section (and as further applied in paragrapli 3 below) is
referred to hereinafier as the "Fee Limitation Period."
3. Other Fees. In consideration of the Property Owner's agreement to modify the Rancho
Etiwanda Estates Project Entitlefronts as specifically set forth in this Development Agreement and implement the
timing of development in accordance with the terms set funk above, no other Fees shall be imposed upon Propony
Owner or the Rancho Etiwanda Estates Project during the applicable Fee Lmptalion period, except as mey be
specifically requited to carry out any state or fedend law or mandata enacted al~er the effective date of this
Development Agreement, as necessary to mitigate enviromnmtal impacts of the project in accordance with Section
2G above. Even in those cases where Propen-/Owner or the Project may be required to pay Other Fees, any such
Other Fees shall be limited to Propere/Owner's fair share contribution to impacts created by the Project, shall not
discriminate against Property Owner (as compared to other pxoperty owners in the CITY) and shall nm duplicate any
Exactions or other mitigation or fees conmbuted or paid by property Owner or the project, or borne by property
Owner or the Project through in-lieu construction.
4. Fiscal Irnnact Analysis. CITY does not require Property Owner or the Project to complete
a fiscal analysis for application or issuance of any approvals m permits that CITY might issue under this
Development Agreement.
Ordinance No. 666
Page 16 of 49
H. Non-Discretionary Permits
The Parties acknowledge that in the come of in~lemgnting the Rancho Eliwan& Estates Project,
Properly Owner will, from time to fin.e, apply to the CITY for various ministerial permits, lkensns, consents,
certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits,
consu'uction permits, certificates of occupancy and permits required to connect the Project to utility systems under
the CITY'sjurisdiction(colieclively, the "Non-Discretionan]penints"). Property Owner shall have the righi to
apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future
Policies under Section 2B, above). The CITY shah issue to Property Owner, upon such applications, all required
Non-Discretionm7 Permits, subject only to compliance with the terms of this Development Agreeme:at, the CITY's
Existing Laws (and any applicable Funtre Policies under Section 2B above) and payment ofCITY's nsanl and
customary fees and charges for such applications and Non-DiscretionaPj Permits (subject Io file provisions of
Section H above). The CITY further agrees that upon its approval of any plans, specifications, design drawings,
maps, or other submittals of Property Owner in connection with such Non-DiscretionaPJ Permits (the "Approved
plans"), all further entiflements, approvals and consents required from the CITY to implemem the Project which are
consistent with and further implement such Approved Plans, shall be expeditiously processed and approved by the
CITY in accordance with this Development Agreement.
I. Coonerafon
1, Cooperation With Other Public Aeencies
The CITY acknowledges that Properly Owner may apply fxom ~ to time for permits
and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over
the Rancho Etiwanda Estates Project, in connection with the development of or provision ofseP/ices to the Project,
including, without limitation, approvals in connection with developing and implementing a tertiary water system,
potential transportetion improvements and other on-site and off-site infrasu'ucntre. The CITY shall cooperate with
Property Owner in its efforts to ohmin such permits and approvals from such agencies (including, without limitation,
die Cucamonga County Water Disttict, and the Inland Empire Utilities Agency, and shall provide any documents or
certificates reasonably required to process and obtain such penmrs and approvals.
2. Construction of Off-Site Inlnrovements
To the extent that Properly Owner is required to coraltact any off-site improvements as a
condition of developing the Project, the Property Owner shall make good faith, diligent efforts to acquire any off-
site property interests required to eonsuuct such public improvements. If Property Owner fails to do so, Property
Owner shall, at least 120 days prior to submittal of the furst final subdivision iTmp for approval, enter into an
agreement to complete the improvements under Government Code Section 66462 at such time as the CITY acquires
the property intgr~sts required for the public improvements. Such agreement shall provide fm payment by Property
Owner of all costs incurred by the CITY to acquire the off-site property interests required in connection with the
subdivision. Security for a portion of those costs shall be in file form of a cash d~osit in the mount stated in an
appraisal report obtained by Property Owner, at Property Owner's cost. The appraiser shall have been approved by
the CITY prior to commencement of the appraisal. To the extent that such off- site improvements, or the
consixuction of any substantial infxastmctuxe on-site, substantially benefit other properly ownen or other portions of
the jurisdiction of limits of die CITY, the CITY agees to assist Property Owner te the fallest extent possible in
obtaining reimbursement or other fair share conlxibulion by such other benefitted properly owners. Such assisteuce
may include, without limitellon, conditioning the approval of development projects proposed I~y such benefitted
property owners upon such owners' conlribution, on n fair share, pro-rata basis, to the construction costs of such
improvements. Without limiting the generality of the foregoing, the CITY agnes that with respect to the
infxastruuture improvements, which are adjacent to and benefit other properties (whether such propcries are
undeveloped or developed), any further discretionary approvals sought by such properly owners shall be conditioned
to require fair share reimbursement to Property Owm:~ for construction and related costs incuned in providing such
improvements to the extent legally permissible.
3. Public FinancinE
The Parties hereby acknowledge that substantial public nnproven~nts must be funded in
order to contribute to die Park Fcc and Equeslrian and School fees and the remainder of die Project Site and that
public financing of a substantial portion of these unpnavements will be critical ~o the economic viability of the
Ordinance No. 666
Page 17 of 49
Rancho Etiwanda Estates Project. Subject to the CITY'S abihty to make all findings required by applicable law and
compl3fing with all applicable legal procedures and requirements, the CITY agrees to cooperate with and assist
Propen3· Owner to the filllest extent possible in developing and implementing a public financing plan for the
construction of the public infrasm~ctore impwvementa. The implementation of such plan may include, without
limitetion, the formation of one or more assessn~ent dis~icts, or Mello-Roos conmmmty facilities disiricts, or the
issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan. The
Parties acknowledge that it is Property Owner's intention to request that the Etiwanda School Disnice or City of
Rancho Cucamonga act as the lead agency for the plan, possibly with a joint powers agreement with CITY, for
school facilities fees, the Park funding, Equestrian funding, transportation fees and other CITY facilities. All
formation costs shall be borne by Property Owner subject to reimbursement by the Community Facilities Disnict.
J. Inclusion into LMD No, 7
The CITY and ~;~perty Owner agree that the PrnperW shall be included within the existing and
established Landscape Maintenance Disnice No. 7 ("LNH) No. 7'~} upon recording of the individual final maps of
the Project. LMD No. 7 will be responsible for the landscape maintenance of Day Creek Boulevard and Interim
Detention Basin.
Section 3. ANNUAL REVIEW
A. CJood Faith Con'wliance
Pursuant to California Governniche Code Section 65865. l, the CITY shall, once every twelve (12)
months during the term of this Development Agreement, review the extent of good faith substantial compliance by
Property Owner with the terms of this Development Agreement; provided, however, that it is intended that this
review shall apply to the Project Site as a whole, as opposed to each individual Properry Owner who may own a
parcel comprising the Project Site. In connection with such annual review, Property Owner shall provide such
information as may be reasonably requested by the CITY in order to determine whether any provisions of this
Agreement have been breached by property Owner. If at any time prior to the review pe~od there is an issue
concerning a PropeW] Owner' s compliance with the terms of this Development Agreement, the provisions of this
Section 3 will apply.
B. Certificate of Comuliance
If Property Oval~ is found to be in compliance with this Development Agreement after annual
review, the City Planner shaH, upon written request by Propen'y Owner, issue a certificate of compliance
("Certificate of Compliance' ') to Property Owner stating that based upon information known to the CITY, the
Development Agreement remains in effect and Prope~y Owner is not in default The Certificate of Compliance
shall be in recordable form and shall contain such information as shall impart consUuc~ve record notice of
compliance. Properly Owner may record the Certificate of Compliance in the Official Records of the County of San
Bernardino.
C. Finding of Default
If, upon completion of the annual review, the City planner intends to fred that Property Owner has
not complied in good faith with the material terms of this Development Agreement (a "Default"), he shall first give
written notice to such effect to Property Owner. The notice shah be accompanied by copies of all staff reports, staff
recommendations and other information concerning Property Owner's compliance with the terms of this
Development Agreement as the CITY may possess and which is relevant to determining Property Owner's
performance under this Development AgreemgnL The notice shall specify in detail the grounds and all facts
allegeally dernonsWaling such noncompliance, so property Owner may address the issues raised on a point~by-point
basis. Property Owner shall have twenty (20) darts after its receipt of such notice to file a writ~n response with the
City Planner. Within 10 days after the expiration of such 20-day response period, the City Planner shall notify
Property Owner whether he has determined that Property Owner is in Default under tiffs Development Agreement
("Notice of Default"). Such Notice of Default shall specify the instances in which Property Owner has allegedly
failed to comply with this Development Agreement and the t~rms under which compliance can be obtained. The
Notice of Default shall also specify a reasonable ~ for Property Owner to meet the tsrtm of compliance, which
time shall not be less than thirty (30) days from the date of the Notice of Default, and which shall be reasonably
rehted to the time necessary to bring Property Owner's performance into good faith compliance.
D. Rinht to Avveal
Ordinance No. 666
Page 18 of 49
Upon receipt of a Notice of Default, Property Owner may appeal the City planner's decision
directly to the City Council. Such appeal shall be initiated by filing a written notice of appeal with the City Clerk
within ten (10) calendar days following Property Owner's receipt of the Notice of Default. The hearing on such
appeal shall be scheduled in accordance with Section 17.02.080 of the CITY's Development Code. At the hearing,
Property Owner shall be entitled to submit evidence and to address all of the issues raised by the Notice of Default.
If, after considering all of the evidence presented at the hearing, the City Cotm~il finds and determines on the basis
of substantial evidence that Property Owner is in Default, then the City Council shall specify in writing to Property
Owner the instances in which Property Owner has failed to comply and the terms under which compliance can be
obtained, and shall also specify a reasonable time for Property Owner to meet the tenus of compliance, which time
shall not be less than thirty (30) days from the date of such writing from the City Council and winch shall be
reasonably related to the time n~cessery to bring Properly Owner's performance into good faith compliance.
E. property Owner's Cure P, izins
If Property Owner is in Default under this Development Agreement, it shall have a reasonable
period oftfine to cure such Default before action is taken by th~ CITY to teninnate this Developmum Agreement or
to otherwise amend or limit Property Owner's rights under this Development AgreermmL In no event shall such
cure period be lees than the time set forth in the finding of Default made under Sections 3C or 3D above (as
applicable) or less than the time reasonably necessmy to cure such Default. Any such cu/e period shall be extended
by the force majeu~c circumstances described in Section 2D5 above. ' -
Section 4. ENFORCEMENT
A. Enforceab!gby_ Either Party
Subject to all requnenk~ts mandated by applicable state or federal or other law, this Development
Agreement shall be enforceable by any of the Parties.
B. Cumulative Remedies
In addition to any other rights or ~medies, any of the Parties may institute legal action to cure,
correct or remedy any Default (to the extent otherwise penntired herein and in Government Code Section 65864 ct
seq. or any successor laws and regulations), to enforce any covenant or agreement herein in this Development
Agreement or to enjoin any threatened or attempted violation, including suits for declanttory relief, specific
performance, and relief in the nature of mandamus. All of the remedies described above shah be cumulative and not
exc~usive~f~nean~ther~andtheexercise~fany~n~~rm~re~ftheremedie~shalln~tc~ns~tuteawaiver~r ~
election with respect to any other available rexnedy. The provisions of this Section 4B are not intended to modify
other provisions of this Development Agreerm:nt and are not intended to provide additiodal remedies not otherwise
permitted by law.
Ordinance No. 666
Page 19 of 49
C. Attorneys' Fees
In any legal proceedings brought by either par~ to enforce any covenant or any of the Parties'
rights or remedies under this Development Agreement including, without limitation, any action for declaratoP] or
equitable relief, the prevailing party shall be entitled to recover reasonable attorneys' fees and all reasonable costs,
expenses and disbursements in connection with such action. Any such attorneys' fees and other expenses incurred
by either of the Parties in enforcing a judgment in its favor under this Development Agreenlenl, shall be recoverable
separately from and in addition to any other amount included in such judgment, and such attorneys' fees obligation
is intended to be severable from the other provisions of this Development Agreement and to survive and not be
merged into any suchjudgm enL
Section 5. MISCELLANEOUS PROVISIONS
A. Successors and Assigns
Subject to the provisions of Section 1 C above, the tenus of this Development Agreement shall be
binding upon and inure to the benefit of the Parties, and their successors and assigns. insofar as this Development
Agreement refers to Property Owner, as defined herein, if the fights under this Development Agreen~nt are
assigned, the term "PropelS] Owner" shall refer to any such successor or assign. '
B. Proiect as a Private Unde~a~ne
It is specifically understood and agreed by and between the Parties that the Rancho Etiwanda
Estates Project is a private development, that neither party is acting as the agent of the olher in any respect under this
Development Agreement, and that each of the parties is an independent contracting entity with respect to the terms, -
covenants and conditions contained in this Development Agreement. No partnership, joint venture or other
association of any kind is formed by this Development Agreement. The only relationship between the CITY and
Preperty Owner is that of a government entity regulating the development of private property and the owner of such
private property.
C. Captions
The captions of this Development Agreement are for convenience and reference only and shall in
no way define, explain, modify, conslruc, limit, amplLr~ or aid in the int~xpretation, construction or lllel~nin~ of/my
of the provisions of this Developwent Agreement.
D. Mortgagee Protection
1. Discretion to Encumber. This Development Agreement shall not prevent or limit properly
Owner, in any manner, at property Owner!s sole discretion, from encumbering the Rancho Eflwanda Estates Project
or any portion of the Rancho Etiwanda Estates Project or any improvement on the Ranclio Etiwanda Estates Project,
by any mortgage, deed of trust or other securiW device securing financing with re spect to all or any part of the
Rancho Etiwanda Estates Project or any improvement thereon (a "Mortgage").
2. Effect of Default. This Development Agreement shall be superior and senior to any
Mortgage subsequendy placed upon the Property, or any portion thereof, or any improvement thereon, including the
lien of any mortgage or deed of trust. Despite the foregoing, breach of any provision of this Development
Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for
value.
Mortgagee Not Obli~atod. Notwithstanding anything in this Development Ag~reement to
the contrary, (a) any holder of the beneficial interest under a Mongaga ("Mortgagee") may acquire title to or
possession of all or any portinn of the Rancho Etiwanda Estates Project or any improvement thereon pursuant to the
remedies provided by its Mortgage, whether by judicial or nonjudicial foreclosure, deed in lieu of foreclosure, or ,
otherwise, and such Mortgagee shall not have any obligation under this Development Agn~crnent to consinlet, fund
or othensise perform any affu-ma~ve obligation or affixmative covenant of property Ownes hereunder or to
guarantee such performance, and Mortgagee may, after acquiring lide to all or any portion of die Project as
aforesaid, assign or otherwise transfer the Project or any such portion thereof to any person or entity, and upon the
giving of notice of such assignment or mmsfer to the CITY and the assumplion by the assignee or transferee of the
obligations of the Property Owner with respect to the Propert3z or portion thereof so acquired which arise or accn~e
from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and
all further obligations or liabilities under this Development Agreement with respect to the Project or portion thereof
so assigned or trdnsfencd; and (b) the consent of CITY shall not be required for the acq~on of all or any portion
Ordinance No. 666
Page 20 of 49
of the Project by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such
purchaser shall, by virtue ofacquidBg title to the Project or such portion thereof, be deemed to have assumed all
obligations of Property Owner with respect to the Project or portion thereof so acquir~ which arise or accrue
subsequent to the date of purchase, but such purchaser shall not be responsible for any prior defaults of Property
Owner; provided, however, that in either of the instances referred to in clauses (a) and (b) above, to the extent any
obligation or covenant to be performed by Property Owner is a condition to the granting of a specific benefit or to
the performance of a specific covenant by CITY, the performance thereof shall conlinBe to be a condition precedent
to the CITY' s granting of such benefit end p{~formance of such covenant hateRrider.
- 4. Notice of Defanlt to Mort~aeee: Right of Mort~auee to Cure. ff a
Mortgagee files with the CITY Clerk a written notice requesting a copy of any Notice of Default given Properly
Owner ~nder this Development Agreen~nt and specifying the address for detivery thereof, then the CITY shall
deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any notice given to Property
Owner with respect to any claim of the CITY that property Owner has not complied with the terms of this
Development Agreement or is othersvise in Default under this Development Agreement. Each such Mortgagee shall
have the right (but not the obligation) for a period of thirty (30) daY~ after the expiration of any cure period given to
Property Owner with respect to such Default, to ctu~ such default; provided, however. that ff any such Default
cannot, with diligence, be remedied or c~red within such thirty (30) day period, then such Mortgagee shall have such
additional time as may ha reasonably ngcessaxy to remedy or cm'e such Default, if such Mortgagee commences to
remedy or c~Lre within such thirty (30) day period, and thergafier diligently pg_rsues and completes snch ~emedy or
cure. Notwithstanding the foregoing, if the De fault is of a nature which can only be c~red by Mortgagee by
obtaining possession, such Mortgagee shah be d~med to have remedied ur cured such Default if such Mortgagee
shall, within such thirty (30) day period, con'anence efforts to obtain possession and can'y the same forward with
diligence end continuity thxough implementation of foteclosure, appointment of a receive~ olr otherwise, and shall
thereafter remedy or cure or comicnee to remedy or cure the Default within the cure period specified in Section 3E
above.
5. Banknmtcv. Notwithstanding the provisions of Section 51)4 above, ff a Mortgagee is
prohibited fTom commencing or prosecuting forechisu!~ or other appropriate proceedings in the nature thel~of to
obtain possession of the Project Site by any pl~ocess or injunction issued by any court or by reason of any action by
any court having jurisdiction of any bank~ptcy or insolvency proceeding involving lxtoperty Owner, Mortgagee
shall for the purposes of this Devehiprn~nt Agreement be deemed to be proceeding wiltl dihgence and continuity to
obtain possession of the property daring the period of such prohibition if Mortgagee i~ proceeding diligently to
ternunate sucli prohibition.
6. Amendment to Dev$~loDment A~reement. The CITY end Pmp6~. Ownes~ agsee not to
modify or amend this Development AgzeemenX or to allow this Development Agreern~t to be: modified or amended
in any way, or cancel this Development Agreement, without the prior written cons~n~ 5!'each Mortgagee, which -
consent shall not be unreasonably withheld ur delayed. Nolwithstanding anythj~g sta~ed above to the con~*a'~', C-~ ...... ~ :-:-.
CITY and Property Ovalet shall cooperate in i~cluding in this Developn~ent Agseenleni, by suitable implementing . · -
agreementfr~mtimet~time~anypr~visinnwhichmayreas~nab~yb~request~dbya~r~p~sedM~gage~f~rthe :
ptirpose of implementing the mortgagee-protection provisions containted ~ this Development Agreement and ...
allowing such Mortgagee reasonable means to protect or presm, e the lien of the Mortgage on the occurrence of a
default under the terms of this Development Agreement. The CITY and Ptopen~ Owaer each agree to execute and
deliver (and to acknowledge, if necessary, for recording proposes) ally implementing agreen~nt necessazy to effect
such request; provided, however, that any such implementing agreement shall not in any n~terial respect adversely
effect any righta of the CITY under this Development Agreement or be materially inccmsistent with the substantive
provisions of this Development Agreement, th~ Rancho Etiwanda Estates Project Entiflements and the Existing
Laws.
E. Consent
Where the consent or approval of any of the Parties is required in or necessal7 under this
Development Agreement, unless the context olizerwise indicates, such consent or approval shal| not be unreasonably
withheld.
F. ~
~-I.]~,, ~,_~_~ 6o?-ol ~
Ordinance No. 666
Page 21 of 49
This Development Ag~e~n~nt ~nd Cae doetruants attached to and referred to m ~s Devcl6p~t ........
A~ement cons~m~ the ~e a~e~nt be~een ~e P~es ~ reject m ~e subject ~ner ~ ~
G. F~er Ac~o~ ~ ~ents
~ch of ~e P~es s~ll coo~ra~ ~th and p~vide ~Eo~ble ~is~e to ~e o~er to ~e extent
come~lated under ~s Devel~nt A~e~nt in ~e pe~o~c of all obliga~ ~der ~s Devel~nt
A~ee~nt and ~e sa6sfac~on of ~ con~o~ of t~s Develop~nt A~eement.
H. Oov~ ~w
~s Develop~nt Agee~nt hclu~ng, ~out ~mfio~ iB e~ence, valise, commotion
$d opera~o~ ~d ~e fi~B of each of~ P~es sMB be ~te~ned ~ aecor~ ~ ~ hws of~e Smto of
Califo~a.
I. Rgcordm
~e ~ ~k shH ~e a e~y of~s Devel~mnt A~e~t m ~ ~co~ ~ ~e o~ce of
· e Recotd~ of~e Co~ of S~ B~o no lat~ ~ ten (10) ~ys follo~g ~e eff~five ~te of~
Devel~nt A~ee~nt.
J. T~
Tm ~ of~e es~n~ ~ ~s Devel~nt A~est ~d of ~h nd ~v~ t~d co~fion
of~s'Devel~$t A~nt.
K. Waiv~
~e faflm of ny of~e P~es at ~y me to seek ~ess for n~ ~olafion of ~ Develop~nt
A~nt or ny applicable law or ~h~on or to mist ~on ~e s~ct p~o$ of ny ~ or co~on shB
not prev~t ~y subsequ~t act or o~si~ of~e sm or s~l~ ~e wMeh wol hve ofigmlly co~fimted a
breach of or defa~t ~det ~s Develop~nt A~m~t tom h~g all ~e fore ~ effe~ of n ofigml ~eaeh or
defaul~ and such subs~uent act or oresion ~y ~ p~ed agmt ~ ~¢ ~lest ext~t pro~d~ by ~s
Devel~ment A~nt. No ~o~sion of~s ~velop~nt Agee~nt sMll ~ ~m~ to hve ben waived by a
p~ ~ess ~e waiver is m ~g ~ si~ed by $y of~e P~es.
If $y ~ cov~ c~di~on or p~on of ~s Develop~m AFe~nt is held by a eom of
coherent j~ietion to be ~va~ void or ~effo~nble, ~e reSd~ of~ p~v~io~ of~s Devel~nt
A~ment s~l re~in ~ ~11 force ~d effect ~d s~ll in no ~y be affecte~ i~ed ~ ~li~ted ~mby.
M. Notices
All notices be~een ~e CIE ~ Pr~ O~er ~d ny ~f~e ~d~ ~ Develop~nt
A~ee~n~ s~ll be ~ ~g ~d shll ~ given by ~rsoml deliv~, ~il or facs~le. Notice by ~o~l
delive~ or facs~le shll be ~med effective u~n ~ ~liv~ of such notice m ~ p~ for which it is ~mded
at ~e a~ess set fo~ ~low (or, m ~e cse ofa ~sferee, at ~e ad~ess ~c~ by such ~sfee ~ a ~R~
. notice to CI~. Notice by rail shll ~ de~d effective u~n ~eeipt or rejection of ~e a~ess~. ~e P~es'
c~ent ad&¢ss ~e ~ foilore:
Ordinance No. 666
Page 22 of 49
To CITY: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Arm: City Manager
With copies to: Mr. James Markman
City Attorney
Richards, Watson & Gershon
One Civic Center Circle
Brea, California 92821
To property Owner: A & J Resourcefflnc.
1100 Avondale Rd. :'
San Marino, Califorma 91108
Arm: Mr. Tony Yeh
With copies to: 1. Ben C. Anderson Inc.
4901 Birch S~reet, Suite C
Newport Beach, Califomia 92660
Atm: Mr. Ben Anderson
2. Himmelstein & Associates P.C.
1200 Cliff Drive
Newport Beach, Califomia 92663
Arm: Chetyl Ice, Esquire
Either of the Parties may change its mailing address or the person to whom n~ices am to be sent at any
time by giving written notice of such change to the other of the Parties in the manner provided above.
N. Indemin~eatinn
Property Owner hgreby agrees to indemnify, defend, and hold harmless dm CITY and its Council
melnbers, representatives, agents, officers, armmeys, and employees (the "Indemnified Parties") from and against
any third party claim, action, or proceeding against the Indemnified Parties to attack set aside, void, or annul the
approval of this Development Agreement; provided, however, that Properly Owner's o$1igations under this Section
are subject to and conditioned upon the CITY and Properly Owner entering into a mutually satisfactory joint defense
agreemere under winch the CITY shall cooperate fully with Property Owner in the define. of any such claim, action
or proceeding, Property Owner will be entitled to coordinate and direct the prosecution and defense of such claim,
action, or proceeding, and Property Owner shall retain settlement authority with respecl thereto. The CITY and
Properly Owner agree not to unreasonably withhold or delay their approval of such joim defense agreement.
FN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the
day and year frrst above written.
CITY OF RANCHO CUCAMONGA A & J Resources., Inc.
a Califomia corporation
By:. By:
Mayor Name: Tony Yeh
Its: President
Ordinance No. 666
Page 23 of 49
AI'IESTED TO:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attorneys for A & J Resources, Inc.
Ordinance No. 666
Page 24 of 49
Ordinance No. 666
Page 25 of 49
AL~O BEING NORTH 0 D~3. O0' 32'
OF ~ ~ON ~ X~ NOR~ 89 DBO. ~' S8" ~ A~ ~ p~t v~ .~, A
D~ OF 2238.90 ~ ~ ~ ~ ~ OF ~G~G; ~ ~ ~ DEG. 38'
~G NOR~ 0 D~ lr 21' ~, 1~.
A ~ 1-1~ ~ ~
' MO~ ~ AT ] NOR~ CO~ OF ~ ~ON 20.
~ NOR~ 1~ OF ~.ND~ 1/4
~ ~O ~ ~ ~, ~ $ CO~ OP ~ ~INO, ~A~ OF
~R. A~G ~
~ AT ~ ~s~N ~ ~ ~y ~ OF S~ NOR~ Y4 OF
NOR~y ~ ~ .P~t ~E ~ A ~ ~T ~ 4~ ~ ~y.
DA~ M~ 1~ 1~4 ~ ~
~ ~Y ~ OF ~
~ NOR~y ~ ~ ~ ~ON
~ ' ~ ' ~' ' ~T ~R~ON OF ~ NO~ ~ OF ~ NO~ 1/4 0F ~ON ~, ~ I
NOR~, ~ 6 ~, ~ ~O
~RO~ BY ~ ~0~ G~ NO~ 13, IB5, L~G 'NORT~i~Y OF
~ED'~I 1~ ~ ~ 8195 PA~ 4~. 0~ ~S OF ~ CO~.
~o ~M ~ SO~y ~0 ~ i~OF.
Ordinance No. 666
Page 26 of 49
w~/I,~l sc~ ~^c~,.'f ,'~c'r ~ ALLARD ENGINEERING
EXHIBIT "B'
RANCHO ETIWANDA ESTATES
LAND USE
PLAN LAYOUT
:..
L.A.D.W.P.
Ordinance No. 666
Page 29 of 49
RANCHO ETIWANDA ESTATES
STREET CROSS SECTIONS
NORTH CL SOUTH
OR OR
R/w R/W
BECKON A TYRCAL SECTION: LOCAL STREET
ALERNATE LOCAL STRE~
~PICAL SECTION
SECTION A-2
NORTH 5OLITH
R/W
:' ,.:"
SECTION B STA. 77+43,05 TO ~IWANDA AVE.
-' *,~t Preliminary
~ ~: EXHIBff C-2
AL~RD ENGINEERING
Ordinance No. 666
Page 30 of 49
RANCHO ETIWANDA ESTATES
STREET CROSS SECTIONS
NORTH SOUTH
OR
· s' w~oE WHSN CUaB ~,DJACENf DAY CREEK BOULEVARD
SECTION C s~. 72+43.05 To STA. 77+43.05
SECTION D
preliminary
~'~,~." ~r, EXHIBIT C-3
ALLARD ENGINEERING
Ordinance No. 666
Page 31 of 49
RANCHO ETIWANDA ESTATES
STREET CROSS SECTIONS
SECTION E
rx,0s~0"' ~ I
SECTION F SECTION: DIWANOA AVENUE (NORTH)
Preliminary
P~,.,d ay: EXHIBIT C-4
ALLARD ENGINEERING ~o~,~
Ordinance No. 666
Page 32 of 49
__ TYPICAL STREET SECTION
COLLECTOR STREETS
TYPICAL STREET SECTION
LOCAL STREET
3AL SLOPE PLANTING
GATED ENTRY /
DAY CREEK BLVD. SECTION
DAY CREEK BLVD./BASIN SECTION
RANCHO ETIWANDA ESTATES
SITE PLAN
EXHIBIT D-1
Ordinance No. 666
Page 33 of 49
VIEN WALL ~ ' SLOPE PLANTING ·
///~/ MEANDERING WALKWAY
~ s~
(~ DAY CREEK BOUL~D SECTION
$1D ID
10' MEANDERING WALKVVAY
-DAY CREEK-BOULEVARD ....
TYPICAL TREATMENT
RANCHO ETIWANDA ESTATES
DAY CREEK BLVD. SECTION
EXHIBIT D-2
Ordinance No. 666
Page 34 of 49
VIEW WALL
,, :~.;, ~ PRIVATE SLO~E~
: i . - ,',, MEANDERING SIDEWALK
"'\': '
,. . ~,,~,~ __ ~ __"- '~ ',:
TYPICAL SECTION: COLLECTOR STREETS
SIDEWALK V STREET TREE
TYPICAL SECTION: LOCAL STREET
RANCHO ETIWANDA ESTATES
TYPICAL STREET SECTIONS
EXHIBIT E-1
Ordinance No. 666
Page 35 of 49
4' SIDEWALK STREET ~I~EE$ ~~,~u//,___;iDEWALK
TYPICAL SECTION: ALTERNATE LOCAL STREET
RANCHO ETIWANDA ESTATE
ALTERNATE LOCAL STREET
EXHIBIT E-1A
Ordinance No. 666
Page 36 of 49
GATED ENTRY
TYPICAL SLOPE
PLANTING
TREES
LAYEREl:
pLAN TURI -- DAY CREEK 3OULEVARD
GATED ENTRY: PLAN
'TYPICAL SLOPE pLANTING ROCK VENEER
GATED ENTRY: ELEVATION
RANCHO ETIWANDA ESTATES
GATED ENTRY
EXHIBIT E-2
Ordinance No. 666
Page 37 of 49
52
51
CITY OF RANCHO CUCAMONGA: SLOPE PLANTING STANDARDS
TYPICAL SLOPE PLANTING
RANCHO ETIWANDA ESTATES
TYPICAL SLOPE PLANTING
EXHIBIT E-3
LEGEND
m BENEFIT AREA
SECTION KEY
Wilsol Avenue .
Preliminary
RANCHO ETIWANDA
cou,ty of s~, ~ .....di.~ ESTATES
City of Rancho Cucamoll TRANBPORTATION
REIMBURSEMENT FEE ANALYSIS
EXHIBIT F-I
~BD ~I~RING
Ordinance No. 666
Page 39 of 49
RANCHO ETIWANDA ESTATES
TRANSPORTATION IMPACT.
FEE ANALYSIS
~- R/W
SECTION A 0.,E,
SECTION B
~ , SECTION
ii
'i
ATJ.ARD ENGINEERING
c~ P.,~s~-~- h~ ~. t~ n,~: Preliminary
~' .....~ ~ EXHIBIT F-2
Ordinance No. 666
Page 40 of 49
RANCHO ETIWANDA ESTATES
TRANSPORTATION IMPACT
FEE ANALYSIS
SIDEWALK) ~ CURB &
SECTION D
SECTION E
ALLARD ENGINEERING
c~ z~=.~,,,._ ~ s..,,.~- ~ ~--..-: Preliminary
~=~ a a EXHIBIT F-3
'00
Transportation Reimbursement Fee Analysis - City of Rancho Cucamonga ~ ~-
DAY CREEK AREA - Etiwanda North ,- G~ _~*
.~.~
Rancho Etiwanda Estates --' =
O C)
DATE ESTIMATED: 511112001 -~ ®
DATE PRINTED: 6/1/2001 .~. Z
ESTIMATED BY: Allard Engineering (D p
O~
O~
Total Transportation Costs $3,028,800 O)
Total Area Acres 508
Fee Per Acre $5,962
PER ACRE BASIS
Parcel APN Acres Lots % of Project (1) Fee Per Acre Fair Share Amount Comments
Rancho Etiwanda 232 685 46% $5,962 $1,383,231 Existing D.A. for fair share
Rancho Etiwanda Estates 240 632 47% $5,962 $1,430,929 632 lots exclude Park
Eliwanda School Lots 12 30 2% $5,982 $71,546 30 lots
Intex Commercial 225-101-34 5 15 1% $5,962 $29,811
IntexLots 225-i61-45 5 15 1% $5,962 $29,811
Kolo 225-161-66 5 20 1% $5,962 $29,811
Chun 225-161-65 5 20 1% $5,962 $29,811
Chang 225-161-13 4 16 1% $5,962 }23,849
Total 508 1433 100% $3,028,800
(1) Based on an acreage basis
Exhibit F-4
Ordinance No. 666
Page 42 of 49
'~'ansportation Impact Fee Analysis - City of Rancho Cucamonga
.Y CREEK AREA - Etiwanda North
Rancho Etiwanda Estates
DATE ESTIMATED: 4115/2000
DATE PRINTED: 6/1/2001
ESTIMATED BY: Allard Engineering
FACILITY
1 ETIWANDA Avenue - 25th street to LAOW~ 1320 LF $240.00 $316,800.00
2 DAY CREEK BLVD - Rt.30 to Wilson 4300 LF- $240.00 $1,032,000.00
3 DAY CREEK BLVD - Wilson to North P.L of UCP 800 LF $225.00 $180,000,00
5 WILSON AVE. - East of Day Creek 1400 LF $240.00 $336,000.00
6 WILSON AVE. - West of Day Creek 1050 LF $220.00 $231,000.00
7 BANYAN AVENUE - Day Creek to Rochester 1320 LF $155.00 $204,600.00
8 BANYAN AVENUE - Day Creek to Hanley 1380 LF $180.00 $248,400.00
9 Traffic Signals 3 EA $160,000.00 $480,000,00
TOTAL ROADWAY IMPROVEMENTS $3,028,800.00
Exhibit F-5
Ordinance No. 666
Page 43 of 49
Transportation Impact Fee Analysis - City of RanCho Cucamonga
DAY CREEK AREA - Etiwanda North
Rancho Etiwanda Estates
DATE ESTIMATED: 5/11/2001
DATE PRINTED: 6/1/2001
ESTIMATED BY: Allard Engineering
MAJOR ROAD
ETI~NANDA Avenue - 25th street to LADWP Corridor
Excavation 2.2 CY $1.60 $3.52
Fine Grade 78.0 SF $0.20 $15.60
5' AC over 12" AB 60,0 SF $1.50 $90.00
1 · AC Cap 60,0 SF $0.40 $24.00
8" Curb &Gutter 2,0 LF $7.50 $15.00
8" Curb Only 2,0 LF $6.00 $12.00
4" P.C.C. Sidewalk SF $1.50 $0.00
Parkway Landscaping SF $2.50 $0.00
Median Landscaping SF $3.00 $0.00
Signing & Striping 4,0 LF $0.50 $2.00
Fog &Seal Coating 60.0 SF $0.15 $9.00
Sub Total $171,12
Utility/Right of Way Allowance (10%) $17.11
Contingencies 30% $51.34
TOTAL $239.57
Estimated Cost Per Linear Foot "USE" $240.00
DAY CREEK BLVD - Rt.30 to Wilson & WILSON AVE. - East of Day Creek
Excavation 2,2. CY 1.60 $3.52
Fine Grade 78.0 SF 10,20 $15.60
5" AC over 12" AB 60.0 SF ;1.50 $90,00
1 · AC Cap 60,0 SF ;0.40 $24.00
8" Curb & Gutter 2.0 LF ;7.50 $15.00
8" Curb Only 2,0 LF ;6.00 $12.00
4" P.C.C. Sidewalk SF ;1.50 $0.00
Parkway Landscaping SF ;2.50 $0.00
Median Landscaping SF ;3,00 $0,00
Signing & Striping 4,0 LF ;0.50 $2.00
Fog &Seal Coating 60.0 SF ;0.15 $9.00
Sub Total $171.12
Utility/Right of Way Allowance (10%) $17.11
Contingencies 30% $51,34
TOTAL $239.57
Estimated Cost Per Linear Foot "USE" $240.00
Exhibit F-6
Ordinance No. 666
Page 44 of 49
Transportation Impact Fee Analysis - City of Rancho Cucamonga
DAY CREEK AREA - Etiwanda North
Rancho Etiwanda Estates
DATE ESTIMATED: 5/11/2001
DATE PRINTED: 6/1/2001
ESTIMATED BY: Allard Engineering
I ,TEM I U.,T I
PRICE AMOUNT
DAY C~.-"F.K BOULEVARD - North of UCP through S.C.E,
Excavation 1.3 CY $1.60 $2.08
Fine Grade 44.0 SF $0.20 $8.80
5" AC over 12" AB 40.0 SF $1.50 $60.00
I"AC Cap 40.0 8F $0.40 $16.00
8" Curb &Gutter 2.0 LF $7,50 $15.00
4" P.C.C. Sidewalk SF $1.50 $0.00
Parkway Landscaping SF $2.50 $0.00
Signing &Striping 3.0 LF $0.50 $1.50
Fog &Seal Coating 40.0 SF $0.15 $6.00
Sub Total Collector
Util ity/Right of Way AJIowance (10%) $109.38
$10.94
Contingencies 30% $32.81
TOTAL $153.13
Estimated Cost Per Linear Foot "USE"
DAY CREEK B LVD - North of Wilson $155.00
EXcavation 2.2 CY $1.60 $3.52
Fine Grade 78.0 SF $0.20 $15.60
5" AC over 12" AB 60.0 SF $1.50 $90.00
1 · AC Cap 60.0 SF $0.40 $24.00
~· Curb &Gutter 2.0 LF $7.50 · $15.00
4" P.C.C. Sidewalk SF $1.50 $0.00
Parkway Landscaping SF $2.50 $0.00
Signing &Striping 4.0 LF $0.50 $2,00
Fog &Seal Coating 60.0 SF $0.15 $9.00
Sub Total
Utility/Right of Way AjIowance (10%) $159.12
$15,91
Contingencies 30% $47.74
TOTAL $222.77
Estimated Cost Per Linear Foot "USE" $225.00
WILSON AVENUE - West of Day Creek
Excavation 1,3 CY $1,60 $2.08
Fine Grade 60,0 SF $0,20 $12.00
5" AC over 12" AB 60.0 SF $1,50 $90,00
1" AC Cap 60_0 SF $0,40 $24.00
8" Curb &Gutter 2.0 LF $7.50 $15.00
4" P.C.C. Sidewalk SF $1.50 $0.0g
Parkway Landscaping SF $2,50 $0.00
Signing & Striping 3,0 LF $0.50 $1.50
Fog &Seal Coating 60.0 SF ~0.15 $9.00
Sub Total Collector $153.58
Utility/Right of Way Allowance (10%) $15.36
Contingencies 30% $46.07
TOTAL $215.01
.~stimated Cost Per Linear Foot "USE" $220.00
Exhibit F-7
Ordinance No. 666
Page 45 of 49
Transportation Impact Fee Analysis - City of Rancho Cucamonga
DAY CREEK AREA - Etiwanda North
Rancho Etiwanda Estates
DATE ESTIMATED: 5/I 1/2001
DATE PRINTED: 6/1/2001
ESTIMATED BY: AJlard Engjneedng
I
BANYAN AVENUE - Day Creek to Rochester and
Excavation 1.3 CY $1.60 $2.08
Fine Grade 44.0 ' SF $0.20 $8.80
5" AC over 12" AB 40.0 SF $1.50 $60.00
1 · AC Cap 40.0 SF $0.40 $16.00
8" Curb &Gutter 2.0 LF $7.50 $15.00
4" P,C.C. Sidewalk SF $1.50 $0,00
Parkway Landscaping SF $2.50 $0.00
Signing &Striping 3.0 LF $0.50 $1.50
Fog &Seal Coating 40.0 SF $0.15 $6,00
Sub Total Collector $109.38
Utility/Right of Way AJIowance (10%) $10.94
Contingencies 30% $32.81
TOTAL $153.13
Estimated Cost Per Linear Foot "USE" $155.00
BANYAN AVENUE - Day Creek to Hanley
Excavation 1.3 CY $1.60 $2.08
Fine Grade 50,0 SF $0.20 $10.00
5" AC over 12" AB 48.0 SF $1.50 $72.00
1" AC Cap 48.0 SF $0.40 $19,20
8" Curb &Gutter 2.0 LF $7.50 $15.00
4' P.C,C. Sidewalk SF $1.50 $0.00
Parkway Landscaping SF $2.50 $0.00
Signing &Striping 3.0 LF $0.50 $1.50
Fog &Seal Coating 48.0 SF $0.15 $7.20
Sub Total Collector $126.98
Utility/Right of Way Allowance (10%) $12.70
Contingencies 30% $38,09
TOTAL $177.77
Estimated Cast Per Linear Foot "USE" $180.00
Exhibit F-8
TranspG. ,ation Reimbursement Fee Analysis - City of.~,ancho Cucamonga
DAY CREEK AREA - Etiwanda North
Rancho Etiwanda Estates
DATE ESTIMATED: 5/I 1/2001
DATE PRINTED: 6/7/2001
ESTIMATED BY: Allard Engineering
Rancho Etiwanda Estates Fair Share Contribution $1,430,929
(From UCP Inc. Development Agreement)
Rancho Etiwanda Estates Construction
Etiwanda Avenue ($316,800)
Sub-Total Fair Share Contribution $1,114,129
Reimbursement Payments
Total Fair Share Contributiont $1,114,129
Total Units 632
Reimbursement Fee Per Unit ~;1~763
Per agreement with UCP, Inc. this is an estimated value. Fair share contribution
shall be based upon actual construction cost.
"uO
-- ADDITIONAL
TRANSPORTATION
CONSTRUCTION
Preliminary '
RANCHO ETIWANDA
ESTATES
ADDIllONAL REGIONAL
TRANSPORTATION IMPROVEMENTS
EXHIBIT F-IO
ALLARD ENGINEERING
Additi~n'al Regional Transportation Improvements - City of Rancho Cucamonga
DAY CREEK AREA - Etiwanda North
Rancho Etiwanda Estates
DATE ESTIMATED: 5/11/2001
DATE PRINTED: 6/7/2001
ESTIMATED BY: Allard Engineering
ESTIMATED UNIT UNIT
ITEM QUANTITY MEASURE PRICE AMOUNT
DAY CREEK BOULEVARD - North of UCP to Etiwanda Avenue
Excavation 1.3 CY $1.60 $2.08
Fine Grade 44.0 SF $0.20 $8.80
5" AC over 12" AB 40.0 SF $1.50 $60.00
1" AC Cap 40.0 SF $0.40 $16.00
8" Curb &Gutter 2.0 LF $7.50 $15.00
4" P.C.C. Sidewalk SF $1.50 $0.00
Parkway Landscaping SF $2.50 $0.00
Signing &Striping 3.0 LF $0.50 $1.50
Fog &Seal Coating 40.0 SF $0.15 $6.00
Sub Total Collector $109.38
Utility/Right of Way Allowance (10%) $10.94
Contingencies 30% $32.81
TOTAL $153.13
Estimated Cost Per Linear Foot "USE" $155.00
Facility Construction
DAY CREEK DLVD - North of UCP to Etiwanda Avenue 5880 LF $155 $911,400
O
,,D o
4~Z
CoO
O__~Co
Exhibit F-11 ~ Co
Ordinance No. 666
Page 49 of 49
MEANDERING W,I. FENCE * W.I, FENCE
DAY CREEK BLVD./DETENTION BASIN SECTION
RANCHO ETIWANDA ESTATE
DAY CREEK BLVD./BASIN SECTION
EXHIBIT G